- Collection:
- Georgia Government Publications
- Serial:
- Journal of the House of Representatives of the State of Georgia.
- Title:
- Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 10, 1966 and adjourned February 18, 1966
- Creator:
- Georgia. General Assembly. House of Representatives
- Publisher:
- [Decatur, Ga.] : [Bowen Press],
- Date of Original:
- 1966
- Subject:
- Georgia--Politics and government
- Location:
- United States, Georgia, 32.75042, -83.50018
- Medium:
- state government records
- Type:
- Text
- Format:
- application/pdf
- Description:
- Includes extraordinary sessions
- External Identifiers:
- Call Number GA L404 1966
- Metadata URL:
- https://dlg.galileo.usg.edu/id:dlg_ggpd_y-ga-bl404-b1966
- Digital Object URL:
- https://dlg.galileo.usg.edu/do:dlg_ggpd_y-ga-bl404-b1966
- Language:
- eng
- Holding Institution:
- University of Georgia. Map and Government Information Library
- Rights:
-
JOURNAL HOUSE OF REPRESENTATIVES
STATE OF GEORGIA THE REGULAR SESSION
Commenced at Atlanta, Monday, January 10, 1966 and adjourned February 18, 1966
1966 LONGINO & PORTER, INC.
ATLANTA, GA.
OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1966-1967
GEORGE T. SMITH ____________.___..._ ____________._______Speaker
90TH DISTRICT, GRADY COUNTY
MADDOX J. HALE __________________________ ____Speaker Pro Tern
1ST DISTRICT, DADE COUNTY
GLENN W. ELLARD____________Clerk
HABERSHAM COUNTY
JACK GREEN---------------------------------------...Assistant Clerk
RABUN COUNTY
JANETTE HIRSCH---------------.--------.-Assistant Clerk
FULTON COUNTY
AMELIA SMITH.--.--
__ _ ___________________.Assistant Clerk
FULTON COUNTY
ELMORE C. THRASH.__._____.._.___________._ Messenger
LOWNDES COUNTY
DAVID PEEPLES-.--_-.------------------.------.-------------Doorkeeper
SPALDING COUNTY
HOUSE JOURNAL
Representative Hall, Atlanta, Georgia.
Monday, January 10, 1966.
The Representatives-elect of the General Assembly of Georgia for the year 1966 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.
Mr. Spillers of the 37th District introduced the Rev. Edgar A. Galloway, Pastor of the First Baptist Church of Covington, Georgia who offered the following prayer:
0 God, our Father, we come to acknowledge Thee as our God and the God of this vast ordered life, the universe. We confess that Thou are the God of all men, and that by creation Thou art the Father of all men. We know that Thou are the God and Father of our Lord and Savior Jesus Christ, and thus Thou art the God of love and concern for all men.
We praise Thee and give thanks to Thee for the many blessings that have come to us. We thank Thee for this land of ours, the United States of America. We thank Thee for the great principles upon which this country was founded. We thank Thee that we still have these great guide-lines of liberty and justice. We thank Thee for those who risk their lives when this country's life is endangered. We pray for the men who have been called upon to defend this country today in Viet Nam. Hasten the day of peace. Grant the safe return of as many of these as can be. Bless the nation we love, its leaders, the president, the congress, the cabinet.
We thank Thee for our State and for its government. We are mindful of Thy grace in the life of the people of this great commonwealth. We thank Thee that we have been blessed with many and great resources in the material realm. But more than that we thank Thee for the resources in manpower - for the potential of our citizens. We are grateful for men who give of their time and abilities to the concerns of government for Georgia. We ask Thy divine guidance for our governor, for his advisers and for the elected officials of this state.
Now we seek Thy special blessings upon this Legislature. May Thy favor rest upon the Speaker, the leaders, the committee chairmen, and every member of this House. We are confident that these public servants are cognizant of the grave issues which confront us as a people. May they bring to every consideration a dedication to the principles which now hold us together as a people. Bless then, every man and every woman here with a sense of responsibility and with good common sense and with a desire to be fair and right.
We confess our sins and our shortcomings and ask Thy forgiveness.
In Jesus' Name, Amen.
6
JOURNAL OF THE HOUSE,
The following communication from Honorable Ben W. Portson, Jr., Secretary of State, certifying the Representatives-elect for the year 1966, was received and read:
January 10, 1966
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 Special Election held on June 16, 1965, to represent the various Representative Districts in the General Assembly for the year 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
REPRESENTATIVES TO THE GENERAL ASSEMBLY ELECTED AT THE SPECIAL ELECTION
Held June 16, 1965.
1st Dade & Walker
2nd Catoosa 3rd Whitfield & Murray
5th Lumpkin & Union 6th Rabun, Towns & White 9th Gilmer & Pickens 10th Dawson & Forsyth 13th Floyd
15th Cherokee 16th Hall
17th Banks & Madison 30th Oconee & Oglethorpe 31st Lincoln, Taliaferro & Wilkes
No. 1 Maddox J. Hale
No. 2 Billy Shaw Abney
No. 3 Wayne Snow, Jr.
--
Joe T. Clark
No. 1 Thomas M. Mitchell
No. 2 Virgil T. Smith
No. 3 Gerald H. Leonard
---
Carlton Colwell
--
Fulton Lovell
--
Dr. Charles B. Watkins
--
James A. Otwell, Jr.
No. 1 Sidney Lowrey
No. 2 Jerry Lee Minge
No. 3 Richard L. (Dick) Starnes, Jr.
--
Thomas Andy Roach
No. 1 W. M. "Bill" Williams'
No. 2 Howard T. Overby
No. 3 Joe T. Wood
--
Tom Nelson Stovall
--
Hubert H. Wells
--
Ben B. Ross
MONDAY, JANUARY 10, 1966
33rd Coweta & Heard 35th Clayton & Fayette
37th 38th 39th 40th 44th 45th 46th 48th
Newton Greene & Morgan Hancock & Putnam Glascock, McDuffie & Warren Lamar & Pike Butts & Monroe Jasper & Jones Johnson & Washington
50th Burke & Jenkins
51st Upson 52nd Crawford & Peach 53rd Twiggs & Wilkinson 56th Chattahoochee, Stewart &
Webster 57th Marion & Taylor 58th Macon & Schley 61st Montgomery, Treutlen &
Wheeler 63rd Candler & Evans 65th Bryan & Effingham 66th Quitman & Randolph 67th Lee & Terrell 69th Crisp & Dooly
71st Bleckley & Pulaski 73rd Telfair & Wilcox 75th Long & Tattnall 76th Liberty & Mclntosh 78th Baker, Calhoun & Clay 79th Dougherty
81st Irwin & Turner 82nd Coffee 84th Brantley & Pierce 87th Miller & Seminole 91st Bacon & Jeff Davis 93rd Tift 95th Lowndes
96th 97th
98th 100th 101st
Berrien & Cook Atkinson, Clinch, Echols &
Lanier Camden & Charlton Harris & Talbot* Cobb
No. 1 D. B. Blalock
No. 2 Truitt Davis
No. 1 Wm. J. (Bill) Lee
No. 2 Arch Gary
No. 3 A. Hewlette Harrell
--
Otis Spillers
--
E. Roy Lambert
--
Asa M. Marshall, Jr.
--
Bobby W. Johnson
--
J. R. Smith
--
Harold G. Clarke
--
John Henry Hadaway
No. 1 Tom C. Carr
No. 2 Emory L. Rowland
No. 1 Preston B. Lewis, Jr.
No. 2 A. Sid Newton
--
Johnnie L. Caldwell
--
Daniel K. Grahl
--
A. T. Land, Sr.
--
J. Lucius Black
--
Richard Taylor
--
Dr. Carl P. Savage, Sr.
--
Joe C. Underwood
--
Hines L. Brantley
--
J. Terrell Webb
--
J. T. (Jake) Dailey
--
Ed T. Fulford
No. 1 Howard Rainey
No. 2 Rooney L. Bowen
--
John H. Anderson, Jr.
--
Norman B. Doster
--
Dewey Rush
--
Charles M. Jones
--
W. Harvey Jordan
No. 1 George D. Busbee
No. 2 Colquitt H. Odom
No. 3 R. S. (Dick) Hutchinson
No. 4 William S. (Billy) Lee
--
Harry Mixon
--
George J. Williams
--
Francis Houston
--
J. O. Brackin
--
James L. (Jimmy) Conner
--
H. B. Alien
No. 1 B. Jack Sullivan
No. 2 H. M. Barfield
No. 3 Jim T. Bennett, Jr.
--
A. L. (LaRue) Parrish
--
Robert C. Pafford
--
Robert Ward Harrison, Jr.
--
William Burton Steis
No. 1 G. Robert (Bob) Howard
*100th District - Special election held August 11, 1965.
JOURNAL OF THE HOUSE,
102nd Cobb 103rd Cobb 104th Richmond 105th Richmond 106th Richmond 107th Bibb 108th Bibb 109th Bibb
110th Muscogee lllth Muscogee 112th Muscogee
113th Chatham 114th Chatham 115th Chatham 116th Chatham
117th DeKalb & Rockdale
118th DeKalb
119th DeKalb
120th Fulton 121st Fulton 122nd Fulton 123rd Fulton
No. 2 Hugh Lee McDaniell
No. 1 Joe Mack Wilson No. 2 J. H. (Jack) Henderson, Jr.
--
Ben C. Jordan
No. 1 W. Ross Snellings
No. 2 James M. Hull, Jr.
No. 1 R. Luke DeLong
No. 2 John H. Sherman, Jr.
No. 1 William M. Fleming, Jr.
No. 2 L. H. Simkins, Jr.
--
James Sewell Elliott
--
Wallace L. Bryant
No. 1 G. Paul Jones, Jr.
No. 2 G. Ed Knapp
No. 3 John F. Stewart
No. 4 Roger W. Wilson No. 1 C. Ed Berry No. 2 Albert W. Thompson
No. 1 I. Lawrence Shields No. 2 Roscoe Thompson No. 1 Mac Pickard No. 2 Milton Jones No. 3 Jack Brinkley No. 1 Arthur M. Gignilliat, Jr. No. 2 Eugene P. Powers
No. 1 Alan S. Gaynor
No. 2 W. Lance Smith
No. 1 J. Robert Tye
No. 2 Albert W. Kiley
No. 1 Willis J. (Dick) Richardson, Jr.
No. 2 Lionel E. Drew, Jr.
No. 3 Arthur J. Funk
No. 1 Clarence R. Vaughn
No. 2 Tom C. Palmer, Jr.
No. 3 W. B. Malone
No. 4 George H. Carley
No. 1 J. Robin Harris
No. 2 Robert H. Farrar
No. 3 Robert H. Walling
No. 4 Elliott H. Levitas
No. 1 Jack Ted Bean
No. 2 Robert "Bob" Evensen
No. 3 James R. Westlake
No. 4 Joe S. Higginbotham
--
Charlie Brown
--
Guy Hill
--
Young H. Longino
No. 1 Rodney M. Cook
No. 2 Jack P. Etheridge
No. 3 Goodwyn "Shag" Gates
124th Fulton 125th Fulton 126th Fulton 127th Fulton 128th Fulton 129th Fulton 130th Fulton 131st Fulton 132nd Fulton 133rd Fulton 134th Fulton 135th Fulton 136th Fulton 137th Fulton 138th Fulton 139th Fulton 140th Fulton 141st Fulton
MONDAY, JANUARY 10, 1966
John Hood G. D. Adams, Jr. Frank R. Lea Dr. William J. Cox Thomas Jerome Dillon Charlie L. Carnes Nick G. Lambros William A. (Bill) Sims, Jr. Rev. J. D. Grier, Jr. William H. Alexander J. C. Daugherty Benjamin D. Brown Julian Bond Grace T. Hamilton Devereaux F. McClatchey Herb C. Hawkins, Jr. Kiliaen V. R. Townsend Michael J. Egan, Jr.
August 6, 1965
Honorable George T. Smith Speaker, House of Representatives State Capitol Atlanta, Georgia
Dear Sir:
I hereby certify that the consolidated returns on file in this office of Special run-off Election held on the 3rd day of August, 1965, in Spalding County, Georgia, for the purpose of electing a Representative to the General Assembly from the Thirty-Fourth District of Georgia, shows the following result:
GEORGE C. GAISSERT
,,.. ... Received-_~__---________ 2,673 votes
Reid Childers .__.__.._____,,....._____._._......_______..... Received..............__..___.2,294 votes
Given under my hand and seal of office on this the 6th day of August, 1965. Ben W. Fortson, Jr. Secretary of State
August 13, 1965
10
JOURNAL OF THE HOUSE,
Honorable George T. Smith Speaker, House of Representatives State Capitol Atlanta, Georgia
Dear Sir:
I hereby certify that the consolidated returns on file in this office of of the Special Election held on the llth day of August, 1965, in Harris and Talbot counties, in the State of Georgia, for the purpose of electing a Representative to the General Assembly from the One Hundredth District (100th) of Georgia, shows the following result:
HARRIS COUNTY: W. B. Steis --..------.--.--_--.--------.--------.----_ Received.---------------370 votes
TALBOT COUNTY: WILLIAM BURTON STEIS --__----------------. Received------------. 34 votes
R. H. McRae ..__--------------.----_....._.__----. Received---------.--.-- 1 vote
Given under my hand and seal of office on this the 13th day of August, 1965. Ben W. Fortson, Jr. Secretary of State
The roll was called and the following Representatives-elect answered to their names :
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Bond Bo wen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P.
Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Cook Cox Crowe Dailey Daugherty Davis Dean
DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge Evensen Farrar Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl
MONDAY, JANUARY 10, 1966
11
Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. P. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard
Levitas
Lewis
Longino
Lovell
Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey MeCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach
Ross
Rowland
Rush
Russell
Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M.
Wilson, J. M.
Wilson, R. W.
Wood
Mr. Speaker
The Chair requested Mr. Julian Bond of the 136th to refrain from taking the required oath of office since several petitions had been filed challenging his seating as a member of the House of Representatives.
12
JOURNAL OF THE HOUSE,
The oath of office was administered to the Representatives-elect and to the other members of the House who were not required to seek re-election by Judge Charles A. Pannell, Judge of Court of Appeals of Georgia.
The next order of business being the election of the Speaker of the House, Speaker Pro-Tern, Clerk of the House, Messenger and Doorkeeper, the Chair recognized the Representative from the 54th District, Mr. George L. Smith, II who placed in nomination the following:
The Honorable George T. Smith of the 90th for Speaker The Honorable Maddox J. Hale of the 1st for Speaker Pro-Tern The Honorable Glenn W. Ellard of Habersham County for Clerk The Honorable Elmore Thrash of Lowndes for Messenger The Honorable David Peeples of Spalding for Doorkeeper.
Mr. Hull of the 104th seconded the nominations.
Mr. Smith of the 54th moved that the nominations be closed and that the Clerk of the House be instructed to cast the vote of the entire body for the nominees.
The motion prevailed and the Chair announced that said nominees are hereby declared elected for the 1966 Session of the House of Representatives.
The Chair appointed as a Committee of Escort to notify the Speaker, Speaker Pro-Tern, Messenger and Doorkeeper of their elections and escort them to the Speaker's stand, the following members of the House:
Mr. Pafford of the 97th., Mr. McCracken of the 49th., Mr. Peterson of the 59th., Mr. Stalnaker of the 59th., Mr. Abney of the 1st., Mr. Snow of the 1st., Mr. Ware of the 42nd., Mr. Smith of the 3rd., Mr. Irvin of the llth. and Mr. Phillips of the 41st.
Upon being presented to the House by the Chair, the Speaker, in well-chosen words, expressed his appreciation for being elected, and administered the oath of office to the Clerk, Messenger and Doorkeeper.
The following resolutions of the House were read and adopted:
HR 1. By Messrs. Smith of the 90th., Harris of the 118th, Hale of the 1st. and Busbee of the 79th:
A RESOLUTION
To notify the Senate that the House has convened; and for other purposes.
MONDAY, JANUARY 10, 1966
13
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session, has organized by the election of Honorable George T. Smith of the 90th District as Speaker and Honorable Glenn W. Ellard of Habersham County as Clerk, and is now ready for the transaction of business.
HR 2. By Messrs. Smith of the 90th., Harris of the 118th., Hale of the 1st. and Busbee of the 79th:
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 President, 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.
Pursuant to the provisions of HR 2, the Speaker appointed the following as a Committee on the part of the House:
Messrs. Byrd of the 28th, Dean of the 20th, Etheridge of the 123rd, Johnson of the 25th, Matthews of the 29th, Odom of the 79th and Sullivan of the 95th.
HR 3. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th, and Harris of the llth:
A RESOLUTION
Relative to officials; attache's and employees of the House of Repre sentatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker of the House is hereby authorized to appoint three Aides to the Speaker and four Secretaries, each of whom shall receive the same per diem, compensation, expenses, and allowances received by members of the General Assembly. He is authorized to appoint one Assistant Doorkeeper at $20.00 per diem, ten Assistant Doorkeepers at $15.00 per diem each, three Porters at $7.00 per diem each, and Pages at $3.00 per diem each. He is authorized to retain the services of two persons skilled in legislative matters, each of whom shall receive the same per diem, compensation, expenses, and allowances received by members of the General Assembly. He is authorized to appoint a Sheriff of the House, Chaplains for the House, a Director of Pages and an
14
JOURNAL OF THE HOUSE,
Assistant Director of Pages, each of whom shall receive the same per diem, compensation, expenses and allowances received by members of the General Assembly. He is authorized to appoint a Postmaster or a Postmistress of the House and one Assistant Postmaster or Postmistress, each of whom shall receive $25.00 per diem. He is authorized to appoint one additional Assistant Director of Pages who shall receive $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.
BE IT FURTHER RESOLVED that the Speaker Pro Tempore is hereby authorized to appoint one Secretary who shall receive the same per diem, compensation, expenses, and allowances received by 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, each of whom shall receive the same per diem, compensation, ex penses, and allowances received by members of the General Assembly.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized to appoint twelve Porters at $9.00 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 op erator, five of whom shall be compensated at the rate of $25.00 per diem and the remainder shall not receive more than $20.00 per diem.
Mr. Fulford of the 67th moved to amend HR 3 as follows:
By adding at the end thereof the following:
"No journalizing, recording, enrolling, or engrossing clerk shall be appointed by the Clerk of the House of Representatives until rule 18 of the House of Representatives and Code Section 47-209 have been complied with."
The amendment was adopted.
The Resolution as amended, was adopted.
HR 4. By Messrs. Smith of the 90th and Busbee of the 79th: A RESOLUTION
Adopting the Rules of the House; and for other purposes.
MONDAY, JANUARY 10, 1966
15
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in force at the adjourn ment of the regular 1965 session of the General Assembly are hereby adopted as the Rules of the House of Representatives for the 1966
HR 5. By Messrs. Smith of the 90th, Harris of the 118th, Hale of the 1st and Busbee of the 79th:
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 11:00 o'clock a.m., January 11, 1966, in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House and Senate be held in the Hall of the House of Representatives at 10:30 o'clock, a.m., on the aforesaid date for the purpose of hearing an ad dress 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.
Pursuant to the provisions of HR 5, the Speaker appointed the following as a Committee on the part of the House:
Messrs. Blalock of the 33rd, Collins of the 62nd, Howell of the 86th, Jordan of the 78th, Spillers of the 37th, Steis of the 100th and Wiggins of the 32nd.
HR 6. By Messrs. Smith of the 90th and Busbee of the 79th:
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 1966 session shall receive the same per diem, expenses and allowances which members of the House of Representatives received for the 1965 session.
16
JOURNAL OF THE HOUSE,
The following communication from Governor Carl E. Sanders was received:
STATE OP GEORGIA Executive Department
Atlanta
January 10, 1966
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 George Busbee, Representative from District 79, Georgia, has been duly appointed by me as Adminis tration Floor Leader of the House of Representatives.
This is to further certify that the Honorable Robin Harris, Repre sentative from District 118, Georgia, has been duly appointed by me as Assistant Administration Floor Leader of the House of Representatives.
With my warm regards and best wishes for a successful session, I am
Sincerely, Carl E. Sanders Governor
CES/jh
cc: Honorable George Busbee Honorable Maddox Hale Honorable Glenn W. Ellard Honorable Frank Edwards Honorable Robin Harris
The Speaker announced the following Committee assignments:
COMMITTEES OF THE HOUSE OF REPRESENTATIVES--1966 AGRICULTURE COMMITTEE
Chairman: Newton, D. L. of 94th Vice-Chairman: Lowrey Secretary: Marshall
Anderson Black Brackin Brantley
Byrd Collins, M. E. of 88th Davis Dollar Dorminy Duncan Gaissert
MONDAY, JANUARY 10, 1966
17
Hadaway Hawkins Herndon
Jordan, W. H. of 78th Land Lovett Matthews, D. R. of 94th Mauldin Mixon Nessmith, P. E. of 64th
Newton, A. S. of 50th Parker Peterson
Reaves Rush Russell Stovall Vaughan, D. N. of 14th Wells
SUB-COMMITTEES OF AGRICULTURE COMMITTEE
GENERAL AGRICULTURAL MATTERS COMMITTEE
Chairman: Lovett Vice-Chairman: Brantley Secretary: Gaissert
Peterson
MILK & MILK CONTROL COMMITTEE
Chairman: Black Vice-Chairman: Brackin Secretary: Wells
Parker Stovall
MARKETS & MARKETING COMMITTEE
Chairman: Newton, A. S. of 50th Vice-Chairman: Collins, M. E. of 88th Secretary: Matthews, D. R. of 94th
Dorminy Jordan, W. H. of 78th
CHEMISTRY & ENTOMOLOGY COMMITTEE
Chairman: Vaughan, D. N. of 14th Vice-Chairman: Land Secretary: Mauldin
Mixon
LIVESTOCK MATTERS COMMITTEE
Chairman: Russell Vice-Chairman: Herndon Secretary: Reaves
Rush
POULTRY MATTERS COMMITTEE
Chairman: Anderson Vice-Chairman: Byrd Secretary: Davis
Nessmith, P. E. of 64th
APPROPRIATIONS COMMITTEE
Chairman: Blalock Vice-Chairman: Vaughn, C. R. of 117th Secretary: Wiggins
Barher Bedgood
Blair Bowen Brantley Brown, C. of 120th Brown, M. P. of 19th
18
JOURNAL OF THE HOUSE,
Carr Chandler Clark, J. T. of 2nd
Clarke, H. G. of 45th Coiling, M. E. of 88th Colwell, C. of 5th Daugherty Davis Dean Dixon Doster Duncan Egan Farrar Floyd Fulford Funk Hale Hamilton Harrison Houston Irvin Lane
Lee, W. J. of 35th Longino
Lowrey
Mauldin Melton Merritt
Newton, A. S. of 50th Newton, D. L. of 94th Odom Overby Pafford Parker Pickard Phillips Reaves Richardson Rowland Smith, G. L. of 54th Smith, V. T. of 3rd Snellings Spillers Stalnaker Steis Story Sullivan Walling
Ware Wells
Williams, W. M. of 16th
SUB-COMMITTEES OF APPROPRIATIONS COMMITTEE
AGRICULTURE, PARKS & PUBLIC WORKS COMMITTEE
Chairman: Fulford Vice-Chairman: Newton, D. L. of 94th Secretary: Harrison
Clark, J. T. of 2nd Dixon Lowrey
DEPARTMENT OF REVENUE COMMITTEE
Chairman: Wiggins Vice-Chairman: Lee, W. J. of 35th Secretary: Blair
Chandler Floyd Spillers
EDUCATION COMMITTEE
Chairman: Story Vice-Chairman: Parker Secretary: Brown, M. P. of 19th
Bedgood Irvin
HEALTH, WELFARE & RELATED AGENCIES COMMITTEE
Chairman: Barber Vice-Chairman: Funk Secretary: Newton, A. S. of 50th
Phillips Smith, V. T. of 3rd
HIGHWAY DEPARTMENT & RELATED AGENCIES COMMITTEE
Chairman: Melton Vice-Chairman: Carr Secretary: Williams, W. M. of 16th
Clarke, H. G. of 45th Davis Odom
MONDAY, JANUARY 10, 1966
19
LABOR, DEFENSE & PUBLIC SAFETY COMMITTEE
Chairman: Bowen Vice-Chairman: Stalnaker Secretary: Daugherty
Dean Rowland
LAW, LEGISLATIVE & REGULATORY AGENCIES COMMITTEE
Chairman: Ware Vice-Chairman: Lane Secretary: Steis
Duncan Smith, G. L. II of 54th
STATE RETIREMENT SYSTEM COMMITTEE
Chairman: Brown, C. of 120th Vice-Chairman: Sullivan Secretary: Snellings
Farrar Pickard
AUDITING, ENROLLING, ENGROSSING & JOURNAL COMMITTEES
Chairman: Black Vice-Chairman: Irvin Secretary: Rowland
Abney
Conger Pickard Shields Westlake
BANKS & BANKING COMMITTEE
Chairman: Conger
Vice-Chairman: Hull Secretary: Jones, C. M. of 76th
Barfield Berry Brantley Bryant Carley Collins, J. F. of 62nd Conner Crowe
Daugherty Dillon Gary Gaynor Henderson Jones, M. of 112th Knight Land
Lea, F. R. of 126th
Levitas Longino Malone McClatchey Murphy NeSmith, J. D. of 43rd Oglesby Otwell Parrish Shields
Smith, A. B. of 85th Smith, J. R. of 44th Spikes Thompson, R. of lllth Tye
SUB-COMMITTEES OF BANKS & BANKING COMMITTEE
GENERAL BANKING COMMITTEE
Chairman: Murphy Vice-Chairman: Knight Secretary: NeSmith, J. D. of 43rd
Brantley Bryant
Gaynor Henderson Malone Otwell
20
JOURNAL OF THE HOUSE,
INDUSTRIAL LOANS COMMITTEE
Chairman: Collins, J. F. of 62nd Vice-Chairman: Jones, M. of 112th Secretary: Carley
Conner
Daugherty Longino Oglesby Shields
DEFENSE & VETERANS AFFAIRS COMMITTEE
Chairman: Steis Vice-Chairman: Knight Secretary: Stalnaker
Bean Berry Dean Dollar Floyd Gignilliat
Harrell Hawkins Houston Powers Russell Stovall Walling Wood
SUB-COMMITTEES OF DEFENSE & VETERANS AFFAIRS COMMITTEE MILITARY AFFAIRS COMMITTEE
Chairman: Harrell Vice-Chairman: Russell Secretary: Dean
Berry Gignilliat
CIVIL DEFENSE AFFAIRS COMMITTEE
Chairman: Dollar Vice-Chairman: Wood Secretary: Hawkins
Powers
VETERANS AFFAIRS COMMITTEE
Chairman: Floyd Vice-Chairman: Stovall Secretary: Walling
Houston
EDUCATION COMMITTEE
Chairman: Melton
Vice-Chairman: Parker
-
Secretary: Story
Alien
Bean
Black
Blair
Brackin
Brown, B. D. of 135th
Brown, C. of 120th
Byrd
Chandler
Cook
Dickinson
Drew
Evensen
Farrar Funk Grahl Grier Hamilton
Harris, J. R. of 118th Hawkins Hutchinson Irvin Jones, M. of 112th
Jordan, B. C. of 103rd Leonard Levitas Lewis Lovett Mauldin
MONDAY, JANUARY 10, 1966
21
Moore, J. H. of 20th Oglesby Pafford Palmer Parrish Peterson
Spikes Stewart Tucker Williams, G. J. of 82nd Wilson, J. M. of 102nd Wilson, R. W. of 109th
SUB-COMMITTEES OF EDUCATION COMMITTEE AUTHORITIES & RETIREMENT SYSTEM COMMITTEE
Chairman: Spikes Vice-Chairman: Hutchinson Secretary: Leonard
Brown, C. of 120th Chandler Jones, M. of 112th
COMMON SCHOOLS COMMITTEE
Chairman: Story Vice-Chairman: Harris, J. R. of 118th
Secretary: Byrd Bean
Hamilton Levitas Lovett
SCHOOL BUILDINGS & SUPPLIES COMMITTEE
Chairman: Irvin Vice-Chairman: Brackin Secretary: Dickinson
Grahl Stewart
TRANSPORTATION COMMITTEE
Chairman: Tucker Vice-Chairman: Alien Secretary: Evenson
Black Hawkins Parrish
VOCATIONAL EDUCATION COMMITTEE
Chairman: Moore, J. H. of 20th Vice-Chairman: Williams, G. J. of 82nd Secretary: Mauldin
Cook
Parrar Oglesby Pafford Wilson, R. W. of 109th
GAME & FISH COMMITTEE
Chairman: Mitchell Vice-Chairman: Johnson, B. W. of 40th Secretary: Dickinson
Adams Bagby Brackin
Byrd Colwell, C. of 5th Cox Grahl Harrison
Higginbotham Johnson, A. S. of 25th Jordan, W. H. of 78th Maddox Malone Roach
Snellings Thomas Watkins Webb
22
JOURNAL OP THE HOUSE,
HIGHWAY COMMITTEE
Chairman: Vaughn, C. R. of 117th Vice-Chairman: Dean Secretary: McDaniell
Blalock Bryant Carnes Collins, M. E. of 88th Crowe Dollar Doster Funk Gaissert Gary Harris, J. F. of 14th Harris, R. W. of 85th Henderson Hill Holder Howard Howell Johnson, B. W. of 40th
Jones, G. P. of 109th Kiley Leonard Lovell Lovett Marshall Matthews, D. R. of 94th Minge Mixon Nessmith, P. E. of 64th Otwell Russell Savage Spillers Stalnaker Sullivan Taylor Thompson, R. of lllth Underwood Wood
SUB-COMMITTEES OF HIGHWAY COMMITTEE
HIGHWAY AUTHORITIES COMMITTEE
Chairman: Mixon Vice-Chairman: Jones, G. P. of 109th Secretary: Howell
Doster
Harris, J. F. of 14th Spillers Taylor
HIGHWAY MAINTENANCE SHOP & FACILITIES COMMITTEE
Chairman: Marshall Vice-Chairman: Kiley Secretary: Bryant
Funk Russell Thompson, R. of lllth
INTERSTATE HIGHWAY SYSTEM COMMITTEE
Chairman: Blalock Vice-Chairman: Dollar Secretary: Henderson
Collins, M. E. of 88th
Crowe Hill Wood
STATE HIGHWAY SYSTEM COMMITTEE
Chairman: Gary Vice-Chairman: Underwood Secretary: Howard
Johnson, B. W. of 40th
Minge Stalnaker Sullivan
HYGIENE & SANITATION COMMITTEE
Chairman: Smith, V. T. of 3rd Vice-Chairman: Tucker Secretary: Abney
Cox Fulford Hamilton
MONDAY, JANUARY 10, 1966
23
Herndon Holder Johnson, A. S of 25th Lowrey Marshall
Newton, D. L. of 94th Overby Palmer
Reaves Savage Townsend Watkins Watson
Webb Williams, G. J. of 82nd Wilson, J. M. of 102nd
SUB-COMMITTEES OF HYGIENE & SANITATION COMMITTEE
GENERAL HEALTH COMMITTEE
Chairman: Lowrey Vice-Chairman: Watson Secretary: Cox
Holder Reaves Webb
PROFESSIONS RELATING TO HYGIENE & SANITATION COMMITTEE
Chairman: Watkins Vice-Chairman: Overby Secretary: Herndon
Marshall
PURE FOODS & DRUGS COMMITTEE
Chairman: Palmer Vice-Chairman: Savage Secretary: Townsend
Fulford Johnson, A. S. of 25th
NURSING HOMES & HOMES FOR AGED COMMITTEE
Chairman: Abney Vice-Chairman: Williams, G. J. of 82nd Secretary: Hamilton
Newton, D. L of 94th Wilson, J. M. of 102nd
INDUSTRIAL RELATIONS COMMITTEE
Chairman: Lee, W. J. of 35th
Vice-Chairman: Ross
Secretary: Pickard
-
Bagby
Barfield
Brown, B. D. of 135th
Caldwell, J. L. of 51st
Collins, J. F. of 62nd
Conner
Dickinson
Fleming
Holder Jordan, B. C of 103rd Lane Longino McCracken Palmer Rowland Sims Thompson, R. of lllth Townsend
SUB-COMMITTEES OF INDUSTRIAL RELATIONS COMMITTEE EMPLOYMENT SERVICES COMMITTEE
Chairman: Rowland Vice-Chairman: Holder Secretary: Thompson, R. of lllth
Collins, J. F. of 62nd Dickinson Jordan, B. C. of 103rd
24
JOURNAL OP THE HOUSE,
GENERAL LABOR AFFAIRS COMMITTEE
Chairman: Caldwell, J. L. of 51st Vice-Chairman: Barfield Secretary: Conner
Lane
WORKMENS COMPENSATION COMMITTEE
Chairman: Bagby Vice-Chairman: Pickard Secretary: Longino
Brown, B. D. of 135th Palmer
INDUSTRY COMMITTEE
Chairman: Clarke, H. G of 45th Vice-Chairman: Clark, J. T. of 2nd Secretary: Sweat
Adams Bennett Collins, J. F. of 62nd Cook DeLong Dillon Gignilliat Harrington Harris, J. F. of 14th Hill Jones, G. P. of 109th
Kiley Lewis McDaniell NeSmith, J. D. of 43rd Sherman Simkins Smith, A. B of 85th Snow Stewart Story Townsend Tucker Tye Wilson, R. W. of 109th
SUB-COMMITTEES OF INDUSTRY COMMITTEE
INDUSTRIAL DEVELOPMENT COMMITTEE
Chairman: NeSmith, J. D. of 43rd Vice-Chairman: Story Secretary: Smith, A. B. of 85th
DeLong
Dillon Hill Jones, G. P. of 109th Tye
INDUSTRIAL INFORMATION & COORDINATION COMMITTEE
Chairman: Lewis Vice-Chairman: Gignilliat Secretary: Adams
McDaniell Tucker
TOURIST RELATIONS COMMITTEE
Chairman: Snow Vice-Chairman: Sweat Secretary: Harris, J. F. of 14th
Kiley Townsend
INSURANCE COMMITTEE
Chairman: Conner Vice-Chairman: McCracken Secretary: Dixon
Berry
Brown, B. D of 135th Bryant Gates Cox
MONDAY, JANUARY 10, 1966
25
Dillon Evensen Hutchinson Lambros Lea, F. R. of 126th Lee, W. S. of 79th McClatchey McDaniell
Pafford Powers Sherman Starnes Stovall Watson Westlake Wood
SUB-COMMITTEES OP INSURANCE COMMITTEES FIRE, CASUALTY & ALLIED LINES COMMITTEE
Chairman: Lee, W. S. of 79th Vice-Chairman: Westlake Secretary: Brown, B. D. of 135th
McClatchey Sherman
HEALTH, LIFE & ACCIDENT COMMITTEE
Chairman: McDaniell Vice-Chairman: Berry Secretary: Lea, F. R. of 126th
Cox Evensen Lambros
SURETY & TITLE COMMITTEE
Chairman: Pafford Vice-Chairman: Hutchinson Secretary: Dillon
McCracken
INTERSTATE COOPERATION COMMITTEE
Chairman: Smith, G. L. of 54th Vice-Chairman: Phillips Secretary: Jordan, W. H. of 78th
Irvin Smith, V. T. of 3rd
JUDICIARY COMMITTEE
Chairman: Harris, J. R. of 118th Vice-Chairman: Snow Secretary: Jones, M. of 112th
Alexander Bennett Busbee Carley Clarke, H. G. of 45th Conger Crowe Daugherty Drew Egan Elliott
Harris, R. W. of 85th Harrison Howard Hull Jones, C. M. of 76th Lambert Lee, W. S. of 79th Levitas Maddox McCracken Mixon Richardson Ross Walling
SUB-COMMITTEES OF JUDICIARY COMMITTEE GENERAL LAW AND PROCEDURE COMMITTEE
Chairman: Jones, C. M. of 76th Vice-Chairman: Conger Secretary: Ross
Alexander Harrison
26
JOURNAL OF THE HOUSE,
LAW ENFORCEMENT COMMITTEE
Chairman: McCracken Vice-Chairman: Crowe Secretary: Elliott
Carley Richardson Walling
PARDONS & PAROLES COMMITTEE
Chairman: Lambert Vice-Chairman: Clarke, H. G. of 45th Secretary: Levitas
Howard Hull Maddox
TRUSTS & ESTATES COMMITTEE
Chairman: Busbee Vice-Chairman: Harris, R. W. of 85th Secretary: Bennett
Drew Egan
LOCAL AFFAIRS COMMITTEE
Chairman: Brinkley Yice-Chairman: Farrar Secretary: Harris, J. F. of 14th
Brown, C. of 120th Carley Evensen
Henderson Hill Howard Kiley Malone Thomas
MOTOR VEHICLES COMMITTEE
Chairman: Williams, W. M of 16th Vice-Chairman: Anderson Secretary: Vaughan, D. N. of 14th
Adams Barfield Brinkley Caldwell, J. L. of 51st Carnes Clark, J. T. of 2nd Elliott Gary Harrell Hood Hutchinson
Johnson, B. W. of 40th Knapp Lea, F. R. of 126th Lovell Matthews, C. of 29th Mitchell Otwell Rainey Sherman Smith, G. L. of 54th Smith, J. R. of 44th Smith, W. L. of 114th Taylor
SUB-COMMITTEES OF MOTOR VEHICLES COMMITTEE
MOTOR CARRIERS COMMITTEE
Chairman: Johnson, B. W. of 40th Vice-Chairman: Clark, J. T. of 2nd Secretary: Otwell
Barfield Elliott Lea, F. R. of 126th
TITLE & LICENSE AFFAIRS COMMITTEE
Chairman: Anderson Vice-Chairman: Smith, J. R. of 44th Secretary: Sherman
Adams Harrell Lovell
MONDAY, JANUARY 10, 1966
27
TRAFFIC & SAFETY CONTROL COMMITTEE
Chairman: Matthews, C. of 29th Vice-Chairman: Mitchell Secretary: Brinkley
Carries Gary Smith, W. L. of 114th
NATURAL RESOURCES COMMITTEE
Chairman: Dorminy Vice-Chairman: Moore, J. H. of 20th Secretary: Maddox
Alien Bean Brown, M. P. of 19th Grahl Hadaway Hood Knapp Knight
Land Lovell Moore, D. C of 12th Powers Rainey Simkins Starnes Stewart Tye Vaughan, D. N. of 14th
SUB-COMMITTEES OF NATURAL RESOURCES COMMITTEE
FORESTRY & FORESTRY PRODUCTS COMMITTEE
Chairman: Lovell Vice-Chairman: Stewart Secretary: Knapp
Maddox
Chairman: Alien Vice-Chairman: Starnes Secretary: Powers
GAS & OIL COMMITTEE Hadaway
GEOLOGY, MINES & MINERALS COMMITTEE
Chairman: Simkins Vice-Chairman: Moore, D. C. of 12th Secretary: Hood
SOIL CONSERVATION COMMITTEE
Chairman: Grahl Vice-Chairman: Brown, M. P. of 19th Secretary: Rainey
Knight
WATER SUPPLY & RIPARIAN RIGHTS COMMITTEE
Chairman: Land Vice-Chairman: Tye Secretary: Bean
Vaughan, D. N. of 14th
Chairman: Mr. Speaker Vice-Chairman: Busbee Secretary: Carr
RULES COMMITTEE
Abney Blair Etheridge
28
JOURNAL OF THE HOUSE,
Fulford Hale Harris, J. R. of 118th Howell
Hull Jones, C M. of 76th Jones, G. P. of 109th Lambert Lee, W. J. of 35th
Melton Oglesby Phillips Smith, G. L. of 54th
Smith, V. T. of 3rd Sweat Vaughn, C. R. of 117th Ware Wiggins
SUB-COMMITTEES OF RULES COMMITTEE
PRIVILEGE RESOLUTIONS COMMITTEE
Chairman: Vaughn, C. R. of 117th Vice Chairman: Ware Secretary: Blair
Etheridge
Hale Howell Lambert
RULES CHANGES COMMITTEE
Chairman: Harris, J. R. of 118th Vice-Chairman: Smith, V. T. of 3rd Secretary: Hull
Jones, C. M. of 76th
Phillips Smith, G. L. of 54th Wiggins
SPECIAL JUDICIARY COMMITTEE
Chairman: Etheridge Vice-Chairman: Minge Secretary: Houston
Brinkley Caldwell, J. L. of 51st Fleming Gaynor Lambros
McClatchey Roach Simkins Smith, A. B. of 85th Steis Thomas Thompson, A. W. of 110th
SUB-COMMITTEES OF SPECIAL JUDICIARY COMMITTEE
CODE REVISION COMMITTEE
Chairman: Brinkley Vice-Chairman: Gaynor Secretary: McClatchey
Simkins
CONSTITUTIONAL AMENDMENTS COMMITTEE
Chairman: Houston Vice-Chairman: Roach Secretary: Thompson, A. W. of 110th
Steis
INQUIRY & INVESTIGATION COMMITTEE
Chairman: Caldwell, J. L. of 51st Vice-Chairman: Thomas Secretary: Fleming
Etheridge Smith, A. B. of 85th
MONDAY, JANUARY 10, 1966
29
STATE INSTITUTIONS & PROPERTY COMMITTEE
Chairman: Chandler Vice-Chairman: Richardson Secretary: Rainey
Alexander Bennett Brown, M. P. of 19th Dailey DeLong Drew Duncan Grier Hadaway Harrington Harris, R. W. of 85th Higginbotham Johnson, A. S. of 25th
Knapp Matthews, C. of 29th Moore, D. C. of 12th Murphy Nessmith, P. E. of 64th Odom Paris Reid Roach Savage Sims Starnes Sweat Thompson, A. W. of 110th Underwood Wilson, J. M. of 102nd
SUB-COMMITTEES OF STATE INSTITUTIONS & PROPERTY COMMITTEE
ELEEMOSYNARY INSTITUTIONS COMMITTEE
Chairman: Johnson, A. S. of 25th Vice-Chairman: Moore, D. C. of 12th Secretary: Alexander
Bennett Harrington Knapp
PENAL INSTITUTIONS COMMITTEE
Chairman: Dailey Vice-Chairman: Odom Secretary: Reid
Grier Murphy Roach
RECREATIONAL FACILITIES COMMITTEE
Chairman: Nessmith, P. E. of 64th Vice-Chairman: Duncan Secretary: Hadaway
Higginbotham Sims Sweat
STATE INCOME PRODUCING PROPERTIES COMMITTEE
Chairman: Rainey Vice-Chairman: Wilson, J. M. of 102nd Secretary: Drew
Matthews, C. of 29th Savage Starnes
STATE PORTS COMMITTEE
Chairman: Richardson Vice-Chairman: Paris Secretary: DeLong
Harris, R. W. of 85th Underwood
STATE OF REPUBLIC COMMITTEE!
Chairman: Ware Vice-Chairman: Lambert Secretary: Overby
Bedgood
Blalock Busbee Carr Dailey
30
JOURNAL OP THE HOUSE,
Davis Etheridge Howell Mitchell NeSmith, J. D. of 43rd Newton, A. S. of 50th
Shields Snellings Underwood Wiggins Williams, W. M. of 16th
TEMPERANCE COMMITTEE
Chairman: Paris Vice-Chairman: Fleming Secretary: Rush
Gates Higginbotham Lambros
Parrish Sims Smith, W. L. of 114th Thompson, A. W. of 110th Wilson, R. W. of 109th
SUB-COMMITTEES OF TEMPERANCE COMMITTEE
DOMESTIC & FOREIGN WINES COMMITTEE
Chairman: Rush Vice-Chairman: Gates Secretary: Sims
Thompson, A. W. of 110th
LIQUOR CONTROL COMMITTEE
Chairman: Wilson, R. W. of 109th Vice-Chairman: Higginbotham Secretary: Smith, W. L. of 114th
MALT BEVERAGES COMMITTEE
Chairman: Paris Vice-Chairman: Lambros Secretary: Parrish
Fleming
UNIVERSITY SYSTEM OF GEORGIA COMMITTEE
Chairman: Matthews, C. of 29th Vice-Chairman: Floyd Secretary: Lane
Alexander Alien Anderson Barber Bowen DeLong Elliott Gaynor Gignilliat Leonard
Merritt Minge Moore, D. C. of 12th Moore, J. H. of 20th Murphy Odom Paris Ross Smith, W. L. of 114th Sullivan Wells Westlake Williams, G. J. of 82nd
MONDAY, JANUARY 10, 1966
31
SUB-COMMITTEE OF UNIVERSITY SYSTEM OF GEORGIA COMMITTEE
LONG RANGE PROGRAM COMMITTEE
Chairman: Wells Vice-Chairman: Moore, J. H. of 20th Secretary: Merritt
Leonard
Minge Paris Ross Westlake
WAYS & MEANS COMMITTEE
Chairman: Bagby Vice-Chairman: Harrell Secretary: Peterson
Bowen Games Gates Colwell, C. of 5th Cook Dailey Dixon Borminy Doster
Egan Hale Jordan, B. C. of 103rd Jordan, W. H. of 78th Lee, W. S. of 79th Lewis Phillips Reid Snow Spikes Watkins
SUB-COMMITTEES OF WAYS & MEANS COMMITTEE
GENERAL MATTERS COMMITTEE
Chairman: Lee, W. S. of 79th Vice-Chairman: Jordan, B. C. of 103rd Secretary: Peterson
Gates
INCOME & ESTATE TAXES COMMITTEE
Chairman: Dorminy Vice-Chairman: Bowen Secretary: Egan
Snow
REAL & INTANGIBLE TAX COMMITTEE
Chairman: Phillips Vice-Chairman: Dixon Secretary: Carnes
Watkins
SALES & USE TAX COMMITTEE
Chairman: Hale Vice-Chairman: Jordan, W. H. of 78th Secretary: Colwell, C. of 5th
Lewis
TAX REVISION COMMITTEE
Chairman: Doster Vice-Chairman: Dailey Secretary: Cook
Spikes
32
JOURNAL OP THE HOUSE,
WELFARE COMMITTEE
Chairman: Barber Vice-Chairman: Harrington Secretary: Spillers
Bedgood Gaissert Grier Herndon Hood
Matthews, D. R. of 94th Merritt Reid Rush Smith, J. R. of 44th Taylor Watson Webb
SUB-COMMITTEES OF WELFARE COMMITTEE
BENEFITS & AID COMMITTEE
Chairman: Smith, J. R. of 44th Vice-Chairman: Reid Secretary: Taylor
Watson
ELEEMOSYNARY MATTERS COMMITTEE
Chairman: Harrington Vice-Chairman: Bedgood Secretary: Webb
Hood
JUVENILE MATTERS COMMITTEE
Chairman: Matthews, D. R. of 94th Vice-Chairman: Merritt Secretary: Grier
Gaissert
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolutions of the Senate, to-wit:
SR 1. By Senators Webb of the llth and Jackson of the 16th:
A resolution to notify the House of Representatives that the Senate has convened; and for other purposes.
SR 3. By Senators Gregory of the 15th and Webb of the llth:
A resolution expressing support to the United States government in its Vietnam policy; and for other purposes.
The following petitions challenging and contesting the seating of and the administration of the oath of office to Representative-elect Julian Bond of the 136th District were received:
MONDAY, JANUARY 10, 1966
33
CHALLENGE AND CONTEST TO THE SEATING AND SWEARING IN OF REPRESENTATIVE-ELECT JULIAN BOND OF THE 136th REPRESENTA
TIVE DISTRICT OF FULTON COUNTY, GEORGIA
TO THE HONORABLE GLENN ELLARD, CLERK OF THE HOUSE OF REPRESENTATIVES OF GEORGIA, AND TO THE HONORABLE GEORGE T. SMITH, SPEAKER OF THE HOUSE OF REPRESENTATIVES OF GEOR GIA, AS SPEAKER, AND AS THE HOLDER OF THAT OFFICE UNTIL HIS SUCCESSOR IS ELECTED AND QUALIFIED:
We, the undersigned, duly and properly elected Members of the Georgia House of Representatives, do hereby challenge, contest, and object to one Julian Bond taking the oath as set forth in the Georgia Constitution, Article III, Sec tion IV, Paragraph 5, as the Representative of the 136th Representative District of Fulton County in the Georgia House of Representatives, for the following reasons, to-wit:
(1) That the Constitution of Georgia, Article III, Section VII, Paragraph 1 provides that each House shall be the judge of the election, returns, and qualifi cations of its members.
(2) That the Constitution of Georgia, Article III, Section IV, Paragraph 5, specifically requires each senator and representative, before taking their seat, to take the following oath or affirmation, to-wit:
"I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interest and prosperity of this State."
(3) That the said Julian Bond has specifically and publicly endorsed in full a policy statement of an organization known as the Student Non-Violent Coordinating Committee, which statement reads as follows:
"We are in sympathy with, and support, the men in this country who are unwilling to respond to a military draft which would compel them to contribute their lives to United States ag gression in Viet Nam in the name of the 'freedom' we find so false in this country.
"We recoil with horror at the inconsistency of a supposedly free society where responsibility to freedom is equated with the responsibility to lend oneself to military aggression. We take note of the fact that 16 percent of the draftees from this country are Negroes called on to stifle the liberation of Viet Nam, to reserve a 'democracy' which does not exist for them at home . . .
"We, therefore, encourage those Americans who prefer to use their energy in building democratic forms within this country. We
34
JOURNAL OP THE HOUSE,
believe that work in the civil rights movement and with other human relations organizations is a valid alternative to the draft. We urge all Americans to seek this alternative, knowing full well that it may cost them their lives -- as painfully as in Viet Nam."
(4) That the said Julian Bond is not qualified under the Constitution of Georgia to take the oath as a Member of the House of Representatives represent ing the 136th Representative District of Pulton County, Georgia, inasmuch as his full endorsement of the aforesaid policy statement of the Student NonViolent Coordinating Committee is totally and completely repugnant to and in consistent with the mandatory oath prescribed by the Constitution of Georgia for a Member of the House of Representatives to take before taking his seat.
(5) That the said Julian Bond cannot justly and honestly take the afore mentioned mandatory constitutional oath which requires him to uphold the Con stitution of the United States and the Constitution of Georgia, having endorsed the aforesaid subversive policy statement.
(6) That many of the undersigned elected Members of the House of Repre sentatives of the State of Georgia are continuing members, having been duly and properly elected to the House of Representatives prior to the reapportionment of said body, and having previously taken the oath required by law.
WHEREFORE, the undersigned do demand, request, and move that:
(a) The said Clerk of the House, the Honorable Glenn Ellard, upon or ganizing the said House of Representatives as prescribed by the Constitution, do refuse to allow or permit the said Julian Bond from taking the oath as a Member of the House of Representatives of the State of Georgia, and from taking his Seat until such time as the House becomes properly organized, and the matter in controversy be voted on by the House, or that the challenge and contest of the seating and taking of oath by the said Julian Bond be referred by the Speaker to an appropriate Committee of the House for a full hearing and investigation thereof and that said Committee findings be reported back to the House in writing, so that the House shall act thereon.
(b) That the Honorable George T. Smith, the Acting and subsisting Speaker of the House of Representatives, as a hold-over in that office until his successor is duly elected and qualified, and his successor, fail and refuse to allow said Julian Bond to take the oath prescribed by law or become seated as a Member of the Georgia House of Representatives until said House of Representatives have an opportunity to vote on the qualifications of said Julian Bond, or until the challenge and contest of qualifications of said Julian Bond be referred to an appropriate Committee of the House to hear and inquire into this challenge and said qualifications, and report its findings back in writing to the House, for said House to act thereon.
MONDAY, JANUARY 10, 1966
35
This Challenge and Contest filed and entered at 10:00 A.M., this the 10th day of January in the Year of OUR LORD NINETEEN HUNDRED AND SIXTY-SIX.
Bo wen Floyd Wilson, R. W. Higginbotham Harrington Stalnaker Collins, J. F. Lane NeSmith, J. D. Parker Dollar Johnson, B. Spikes Westlake Evensen Lovett Rainey Parrish Jordan, B. C. Colwell Black Lee, W. J. (Bill) Wood Overby Bagby
Webb Clarke, H. G. McDaniell Newton Tucker Harrell Dailey Gaissert Maddox Gary Holder Sherman Johnson, A. S. Dr. Longino Marshall Vaughan Collins, M. Grahl Minge Hawkins Snow Harris, J. F. Hadaway Reid
Clark, J. T. Lowrey Mixon Dorminy DeLong Dixon Fulford Brackin Brown, M. P. Starnes Wells Conger Leonard Steis Reaves Da vis Bean Williams, G. J. Savage McCrackin Henderson Lewis, P. B. Howard Mitchell Anderson
PETITION
TO: THE PRESIDING OFFICER, HOUSE OF REPRESENTATIVES, STATE OF GEORGIA
Representative-Elect Julian Bond of the 136th District has made public statements concering the position of the United States in the Viet Nam conflict, concerning the burning of draft cards, concerning the military draft, and concerning other related matters, all of which statements are reprehensible and show that he is unqualified and ineligi ble to become or be a member of the House of Representatives. His actions and statements tend to bring disrepute to and disrespect of the House of Representatives. They further show that he does not and will not support the Constitution of the United States as the oath of office of a member of the House of Representatives requires. Article III, Section VII, Paragraph I of the Constitution of Georgia provides as follows:
"Election, returns, etc; disorderly conduct. Each House shall be the judge of the election, returns, and qualifications of its mem bers and shall have power to punish them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled, except by a vote of two-thirds of the House to which he belongs."
36
JOURNAL OF THE HOUSE,
Now, therefore, the undersigned petitioners do hereby challenge the right of Representative-Elect Julian Bond of the 136th District to be seated as a member of the House of Representatives and respectfully request that he not be allowed to take the oath of office as a member of the House of Representatives and that he not be seated as a member of the House of Representatives.
This 10th day of January, 1966. Houston Lane Newton, D. L. Wells Fulford Reaves Lewis Collins, M. Clark, J. T.
EXHIBIT A
The Student Nonviolent Coordinating Committee has a right and a responsibility to dissent with United States foreign policy on an issue when it sees fit. The Student Nonviolent Coordinating Committee now states its opposition to United States' involvment in Viet Nam on these grounds:
We believe the United States government has been deceptive in its claims of concern for freedom of the Vietnamese people, just as the government has been deceptive in claiming concern for the freedom of colored people in such other countries as the Dominican Republic, the Congo, South Africa, Rhodesia and in the United States itself.
We, the Student Nonviolent Coordinating Committee, have been involved in the black people's struggle for liberation and self-determina tion in this country for the past five years. Our work, particularly in the South, has taught us that the United States government has never guaranteed the freedom of oppressed citizens, and is not yet truly determined to end the rule of terror and oppression within its own borders.
We ourselves have often been victims of violence and confinement executed by United States government officials. We recall the numerous persons who have been murdered in the South because of their efforts to secure their civil and human rights, and whose murderers have been allowed to escape penalty for their crimes.
The murder of Samuel Young in Tuskegee, Ala., is no different than the murder of peasants in Viet Nam, for both Young and the Vietnamese sought, and are seeking, to secure the rights guaranteed them by law. In each case, the United States government bears a great part of the responsibility for these deaths.
Samuel Young was murdered because United States law is not be ing enforced. Vietnamese are murdered because the United States is pursuing an aggressive policy in violation of international law. The
MONDAY, JANUARY 10, 1966
37
United States is no respecter of persons or law when such persons or laws run counter to its needs and desires.
We recall the indifference, suspicion and outright hostility with which our reports of violence have been met in the past by government officials.
We know that for the most part, elections in this country in the North as well as the South, are not free. We have seen that the 1965 Voting Rights Act and the 1964 Civil Rights Act have not yet been implemented with full federal power and sincerity.
We question, then, the ability and even the desire of the United States government to guarantee free elections abroad. We maintain that our country's cry of "preserve freedom in the world" is a hypo critical mask behind which it squashes liberation movements which are not bound, and refuse to be bound, by the expediencies of United States cold war policies.
We are in sympathy with, and support, the men in this country who are unwilling to respond to a military draft which would compel them to contribute their lives to United States aggression in Viet Nam in the name of the "freedom" we find so false in this country.
We recoil with horror at the inconsistency of a supposedly "free" society where responsibility to lend oneself to military aggression. We take note of the fact that 60 per cent of the draftees from this country are Negroes called on to stifle the liberation of Viet Nam, to preserve a "democracy" which does not exist for them at home.
We ask, where is the draft for the freedom fight in the United States?
We therefore encourage those Americans who prefer to use their energy in building democratic forms within this country. We believe that work in the civil rights movement and with other human relations organizations is a valid alternative to the draft. We urge all Americans to seek this alternative, knowing full well that it may cost them lives -- as painfully as in Viet Nam.
PETITION
TO: THE PRESIDING OFFICER, HOUSE OF REPRESENTATIVES, STATE OF GEORGIA
Comes now the undersigned and respectfully show the following:
COUNT I
The Student Nonviolent Coordinating Committee, an organization and association of which Representative-Elect Julian Bond is a member,
38
JOURNAL OF THE HOUSE,
agent, and publicity director, has caused to be made certain statements concerning the position of the United States in the Viet Nam conflict, a copy thereof being attached hereto, marked Exhibit A and by reference made a part hereof, and the said Representative-Elect Julian Bond did publicly endorse, approve and confirm said statement.
COUNT II
Said representative-elect has said that he admires the courage of those persons who burn their draft cards.
1.
The actions and statements of said representative-elect show that he does not and will not support the Constitution of the United States and of the State of Georgia, as required by law (Constitution of Geor gia, Article III, Section IV, Paragraph V (Code 2-1605)); Con stitution of the United States, Article VI, Section 3.
'
2.
By said actions and statements, said representative-elect adheres to the enemies of the United States and of the State of Georgia, con trary to the Constitution of Georgia (Article I, Section II, Paragraph II) and of the United States (Article III, Section 3, Cl. 1).
3.
By said actions and statements, said representative-elect gives aid and comfort to the enemies of the United States and of the State of Georgia, contrary to the Constitution of Georgia (Article I, Section II, Paragraph II) and of the United States (Article III, Section 3, Cl. 1).
4.
Said actions and statements constitute a violation of the United States Code, Title 50, 462 (a).
5.
Said actions and statements constitute a violation of the United States Code, Title 50, 462 (b), as amended.
6.
The statements referred to above are reprehensible and are such as tend to bring discredit to and disrespect of the House of Representa tives and constitute actions on the part of Representative-Elect Julian Bond sufficient to prevent him from being seated as a member of the House of Representatives.
7.
Such actions and statements show that he is unqualified and ineligi ble to be a member of the House of Representatives.
MONDAY, JANUARY 10, 1966
39
Article III, Section VII, Paragraph I of the Constitution of the State of Georgia reads as follows:
"Election, returns, etc.; disorderly conduct. Each House shall be the judge of the election, returns, and qualifications of its mem bers and shall have power to punish them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled, except by a vote of two-thirds of the House to which he belongs."
Now, therefore, the undersigned petitioners challenge the right of Representative-Elect Julian Bond to be seated as a member of the House of Representatives and respectfully request that he not be allowed to take the oath of office as a member of the House of Representatives and that he not be seated as a member of the House of Representatives.
This 10th day of January, 1966.
Floyd Houston Lane Newton, D. L. Wells Fulford Clark, J. T. Reaves Lewis Collins, M.
PETITION
TO: THE PRESIDING OFFICER, HOUSE OF REPRESENTATIVES, STATE OF GEORGIA
Representative-Elect Julian Bond of the 136th District has made public statements concerning the Viet Nam situation, which statements are such that he should not be allowed to be seated as a member of the House of Representatives.
Now, therefore, the undersigned petitioners do hereby challenge the right of Representative-Elect Julian Bond of the 136th District to be seated as a member of the House of Representatives and respectfully request that he not be allowed to take the oath of office as a member of the House of Representatives and that he not be seated as a member of the House of Representatives.
This 10th day of January, 1966.
Floyd Lane
40
JOURNAL OF THE HOUSE,
Newton, D. L. Wells Fulford Lewis Reaves Clark, J. T. Collins, M.
PETITION
TO: THE PRESIDING OFFICER, HOUSE OF REPRESENTATIVES, STATE OF GEORGIA
Comes now the undersigned and respectfully shows the following:
1.
Representative-Elect Julian Bond of the 136th District has made public statements concerning the position of the United States in the Viet Nam conflict, which statements have been derogatory in nature.
2.
He has stated that he agrees fully with a statement issued by John Lewis, chairman of the Student Nonviolent Coordinating Committee on behalf of said committee. Portions of said statement are as follows:
"We believe the United States government has been deceptive in its claims of concern for freedom of the Vietnamese people, just as the government has been deceptive in claiming concern for the freedom of colored people in such other countries as the Dominican Republic, the Congo, South Africa, Rhodesia and the United States itself."
"The murder of Samuel Young in Tuskegee, Ala., is no different than the murder of peasants in Viet Nam, for both Young and the Vietnamese sought, and are seeking, to secure the rights guaranteed them by law. In each case, the United States government bears a great part of the responsibility for these deaths."
"Samuel Young was murdered because United States law is not being enforced. Vietnamese are murdered because the United States is pursuing an aggressive policy in violation of international law. The United States is no respecter of persons or law when such persons or laws run counter to its needs and desires."
"We are in sympathy with, and support, the men in this coun try who are unwilling to respond to a military draft which would compel them to contribute their lives to United States aggression in Viet Nam in the name of 'freedom' we find so false in this country."
MONDAY, JANUARY 10, 1966
41
"We therefore encourage those Americans who prefer to use their energy in building democratic forms within this country. We believe that work in the civil rights movement and with other human relations organizations is a valid alternative to the draft. We urge all Americans to seek this alternative, knowing full well that it may cost them their lives -- as painfully as in Viet Nam."
3.
He has said that he admires the courage of those persons who burn their draft cards.
4.
The statements referred to above are reprehensible and are such as tend to bring discredit to and disrespect of the House of Representatives and constitute actions on the part of Representative-Elect Julian Bond sufficient to prevent him from being seated as a member of the House of Representatives.
5.
The statements referred to above show that he does not and will not support the Constitution of the United States as provided in the oath of office of members of the House of Representatives.
6.
Such actions and statements show that he is unqualified and ineligi ble to be a member of the House of Representatives.
7.
Article III, Section VII, Paragraph I of the Constitution of the State of Georgia reads as follows:
"Election, returns, etc.; disorderly conduct. Each House shall be the judge of the election, returns, and qualifications of its mem bers and shall have power to punish them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled, except by a vote of two-thirds of the House to which he belongs."
Now, therefore, the undersigned petitioners challenge the right of Representative-Elect Julian Bond to be seated as a member of the House of Representatives and respectfully request that he not be allowed to take the oath of office as a member of the House of Representatives and that he not be seated as a member of the House of Representatives.
This 10th day of January, 1966.
Lane Newton, D. L. Wells Fulford Clark, J. T. Reaves Lewis Collins, M. Hill
42
JOURNAL OF THE HOUSE,
The following Resolution was read and adopted:
HR 7. By Messrs. Busbee of the 79th and Harris of the 118th:
A RESOLUTION
To provide for the creation of a special committee; and for other purposes.
WHEREAS, petitions have been filed challenging and contesting the seating of Representative-Elect Julian Bond of the 136th District.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker is hereby authorized and di rected to appoint a special committee to hold a hearing on the above petitions and report back to the House of Representatives.
Pursuant to the adoption of HR 7, the Speaker appointed as a special com mittee, the following members of the House:
Mr. Smith of the 90th, Chairman.
Mr. Busbee of the 79th, Vice-Chairman.
Mr. Wiggins of the 32nd, Secretary.
Messrs. Abney of the 1st,
Alexander of the 133rd, Blair of the 68th, Carr of the 48th, Daugherty of the 134th, Etheridge of the 123rd, Fulford of the 67th, Hale of the 1st, Harris of the 118th, Howell of the 86th, Hull of the 104th, Jones, C. M. of the 76th, Jones, G. P. of the 109th, Lambert of the 38th, Lee of the 35th, Melton of the 34th, Oglesby of the 92nd, Phillips of the 41st,
MONDAY, JANUARY 10, 1966
43
Richardson of the 116th, Smith, G. L. of the 54th, Smith, V. T. of the 3rd, Sweat of the 83rd, Vaughn, C. R. of the 117th, Ware of the 42nd and Webb of the 65th.
The following Resolution was read and adopted:
HR 8. By Messrs. Abney of the 1st, Hale of the 1st and others:
A RESOLUTION
Congratulating Honorable Wayne Snow, Jr.; and for other pur poses.
WHEREAS, Honorable Wayne Snow, Jr., the distinguished repre sentative from District 1, Post 3, is today celebrating his 30th birthday; and
WHEREAS, it is the desire of the members of this body to extend their best wishes and many happy returns of the day; and
WHEREAS, Wayne Snow is one of the most assiduous and in defatigable members of the House of Representatives; and
WHEREAS, it is a distinct pleasure to serve as a member of this body with this outstanding Georgian.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its heartiest congratulations and best wishes of the day to Honorable Wayne Snow, Jr., the distinguished representative from District 1, Post 3.
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 Wayne Snow, Jr.
The Speaker announced that pursuant to HR 7, concerning the seating of Mr. Julian Bond of the 136th, the special committee would hold an open hearing in the Hall of the House at 2:30 P.M., this date.
The Speaker announced the House recessed subject to the call of the Chair.
The Speaker called the House to order at 7:30 P.M. this date.
44
JOURNAL OF THE HOUSE,
The following special committee report was received and read:
REPORT OF SPECIAL COMMITTEE APPOINTED PURSUANT TO HR #7 FOR THE PURPOSE OF HOLDING A HEARING ON PETITIONS CHALLENGING AND CONTESTING THE SEATING OF REPRESENTATIVE-ELECT JULIAN BOND OF THE 136TH DISTRICT.
The Special Committee appointed pursuant to HR #1 conducted a hearing on January 10, 1966, beginning at 2:30 o'clock p.m., in the chamber of the House of Representatives, State Capitol, on the matter of petitions filed challenging and contesting the seating of Representa tive-Elect Julian Bond of the 136th District.
Based upon testimony and the evidence and documents before this Committee, the Committee recommends that Representative-Elect Julian Bond not be allowed to take the oath of office as a member of the House of Representatives and that he not be seated as a member of the House of Representatives.
This 10th day of January 1966.
Respectfully submitted, Geo. T. Smith Chairman William J. Wigging Secretary
The following minority report of the special committee was received and read:
MINORITY REPORT OF SPECIAL COMMITTEE APPOINTED PURSUANT TO HR #1 FOR THE PURPOSE OF HOLDING A HEARING ON PETITIONS CHALLENGING AND CON TESTING THE SEATING OF REPRESENTATIVEELECT JULIAN BOND OF THE 136TH DISTRICT.
The Special Committee appointed pursuant to HR #7 conducted a hearing on January 10, 1966, beginning at 2:30 o'clock p.m., in the chamber of the House of Representatives, State Capitol, on the matter of petitions filed challenging and contesting the seating of Representa tive-Elect Julian Bond of the 136th District.
Based upon testimony and the evidence and documents before this Committee, the undersigned members of the Committee recommend that Representative-Elect Julian Bond be allowed to take the oath of office as a member of the House of Representatives and that he be seated as a member of the House of Representatives.
This 10th day of January 1966.
Respectfully submitted, J. C. Daugherty 134th District William H. Alexander 133rd District Jack P. Etheridge 123rd District
MONDAY, JANUARY 10, 1966
45
The following Resolution of the House was read:
HR 19. By Messrs. Smith of the 90th and Wiggins of the 32nd:
A RESOLUTION
Relative to the matter of the seating of Representative-Elect Julian Bond; and for other purposes.
WHEREAS, a special committee created pursuant to HR No. 7 which was appointed for the purpose of holding a hearing on petitions challenging and contesting the seating of Representative-Elect Julian Bond of the 136th District has conducted a hearing in said matter; and
WHEREAS, said committee has submitted a report in which it is recommended that Representative-Elect Julian Bond not be allowed to take the oath of office as a Representative of the House of Repre sentatives and that he not be seated as a member of the House of Representatives.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that the report of the aforesaid committee is hereby adopted and the recommendations contained therein shall be followed.
BE IT FURTHER RESOLVED that Representative-Elect Julian Bond shall not be allowed to take the oath of office as a member of the House of Representatives and that Representative-Elect Julian Bond shall not be seated as a member of the House of Representatives.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to immediately transmit a copy of the aforesaid report and a copy of this resolution to the Governor, to the Secretary of State and to Representative-Elect Julian Bond.
The report of the committee, which was favorable to the adoption of the Resolution, was agreed to.
The roll call was ordered.
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Bagby Barber
Barfield Bean Bedgood Bennett Berry Black
Blair Blalock Bowen Brackin Brantley Brinkley
46
Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Games Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Colwell Conger Conner Cox Crowe Dailey Davis Dean DeLong Dickinson Dixon Dollar Dorminy Doster Drew Duncan Elliott Evensen Farrar Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Hadaway Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill
JOURNAL OF THE HOUSE,
Holder Houston Howard Howell Hull Irvin Johnson, Dr. A. S. Johnson, B.
Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H.
Kiley Knapp Knight Lambert Lambros Land Lane Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker
Parrish Peterson Phillips Pickard Powers Reaves Reid Richardson Roach Ross Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart
Story Stovall Sullivan Sweat Taylor Thomas Thompson, R. Tucker
Tye Underwood Vaughan, D. N. Vaughn, C. R. Ware Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
MONDAY, JANUARY 10, 1966
47
Those voting in the negative were Messrs.:
Alexander Brown, B. D. Cook Daugherty Egan
Etheridge Hamilton Hood Lea, P. R. Levitas
Townsend Tucker Walling
Those not voting voting were Messrs.:
Bond Dillon Grier
Hutchinson McClatchey Rainey
Smith, A. B. Thompson, A. W. Mr. Speaker
On the adoption of HR 19, the ayes were 184, nays 12. The Resolution, hav ing received the requisite constitutional majority, was adopted.
Mr. R. S. Hutchinson of the 79th stated that he voted "aye" on the adop tion of the Resolution but due to mechanical failure, the voting machine failed to record his vote.
Mr. Rainey of the 69th was compelled to leave the House because of illness and was not present when the roll was called on HR 19. Mr. Rainey stated had he been present, he would have voted "aye" on the Resolution.
Mr. Grier of the 136th stated that had he not been inadvertently prevented from voting, he would have voted "nay" on the adoption of HR 19 as explained in his communication to the Speaker as recorded below:
HOUSE OP REPRESENTATIVES Atlanta
January 10, 1966 The Hon. George T. Smith Speaker of the House State Capitol Atlanta, Georgia
Dear Mr. Speaker:
By inadvertence I was unable to cast my vote upon the report of the Special Committee considering the seating of Rep.-elect Julian Bond. I, therefore, respectfully request that the Clerk be instructed to have the Journal record my vote as nay.
Sincerely, J. D. Grier
Mr. Busbee of the 79th moved that the House do now adjourn until 10:00 o'clock tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
48
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Tuesday, January 11, 1966
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
Prayer was offered by Dr. Carl Peacock, Pastor Edgewood Baptist Church, Columbus, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, 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.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House, to-wit:
HR 2. By Messrs. Smith of the 90th and Busbee of the 79th: A Resolution to notify the Governor that the General Assembly has convened; and for other purposes.
TUESDAY, JANUARY 11, 1966
49
HR 5. By Messrs. Smith of the 90th and Busbee of the 79th:
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.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1. By Messrs. Smith of the 90th; Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A Bill to be entitled an Act to amend an Act providing appropriations for the State Government for the fiscal year 1965-66 and the fiscal year 1966-67, and for other purposes.
Referred to the Committee on Appropriations.
HB 2. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966 and the fiscal year ending June 30, 1967, in addition to any other appropriations here tofore or hereafter made for the operation of the agencies of the State and for other purposes.
Referred to the Committee on Appropriations.
HB 3. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend an Act completely and exhaustive ly revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to increase certain license fees, and for other purposes.
Referred to the Committee on Game and Fish.
HB 4. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th:
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; to define the term motor vehicle; and for other purposes.
Referred to the Committee on Ways and Means.
50
JOURNAL OF THE HOUSE,
HB 5. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th:
A Bill to be entitled an Act to amend an Act pertaining to the registra tion and licensing of motor vehicles in the counties throughout the State, so as 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.
Referred to the Committee on Ways and Means.
HB 6. By Messrs. Hull of the 104th, Murphy of the 26th, Conger of the 89th, Jones of the 112th, Harris of the 85th, Lambert of the 38th, Jones of the 76th, Caldwell of the 51st, Walling of the 118th and Fleming of the 106:
A Bill to be entitled an Act to comprehensively revise, supersede, and modernize pretrial, trial and certain posttrial procedures in civil cases; and for other purposes.
Referred to the Committee on Judiciary.
HB 7. By Messrs. Jones and Wilson of the 109th, Bryant of the 108th, Elliott of the 107th, Knapp of the 109th and Stewart of the 109th:
A Bill to be entitled an Act to authorize any municipality in the State of Georgia to adopt ordinances prohibiting any person, firm or corpora tion within the corporate, jurisdictional or territorial limits of such municipality from transporting any alcoholic beverages or liquors, spiritous liquors or distilled spirits on which certain tax thereon has not been paid; and for other purposes.
Referred to the Committee on Temperance.
HB 8. By Mr. Jones of the 109th:
A Bill to be entitled an Act to amend Code Section 27-902, relating to bail in misdemeanor cases, so as to provide that sureties tendered and offered on bonds of persons charged with offense of a misdemeanor as a result of a commitment hearing held in any mayor's or recorder's court may be approved by the chief law enforcement officer of the munici pality or the committing officer; and for other purposes.
Referred to the Committee on Judiciary.
HB 9. By Mr. Lewis of the 50th:
A Bill to be entitled an Act to abolish the present mode of compensating the Sheriff of Burke County known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, JANUARY 11, I960
51
HB 10. By Mr. Howell of the 86th:
A Bill to be entitled an Act to abolish the present mode of compensating the Sheriff of Early County known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 11. By Mr. Hull of the 104th:
A Bill to be entitled an Act to amend an Act creating the Mineral Leasing Commission, so as to provide for specified terms of office of members of the Commission appointed by the Governor; and for other purposes.
Referred to the Committee on Natural Resources.
HB 12. By Messrs. Lambros of the 130th, Levitas of the 118th, McClatchey of the 138th 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 office of the President of the Board of Aldermen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 13. By Messrs. Lambros of the 130th, Dillon of the 128th, Hood of the 124th, McClatchey of the 138th and others:
A Bill to be entitled an Act establishing a Municipal Court of the City of Atlanta, so as to provide for a standard and uniform cost bill; and for other purposes.
Referred to the Committee on Local Affairs.
HR 9-13. By Mr. Jones of the 109th:
A Resolution releasing certain property belonging to Ernest Geone, Jr., from all fi. fas.; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 10-13. By Mr. Irvin of the llth: A Resolution to compensate Ed. Lonzo Smith; and for other purposes.
Referred to the Committee on Appropriations.
HR 11-13. By Messrs. Abney, Snow and Hale of the 1st:
A Resolution compensating Gordon J. McGraw, Jr.; and for othei purposes.
Referred to the Committee on Appropriations.
52
JOURNAL OF THE HOUSE,
HR 12-13. By Mr. Parker of the 55th:
A Resolution compensating Mrs. Marjorie K. Knight; and for other purposes.
Referred to the Committee on Appropriations.
HR 13-13. By Mr. Lewis of the 50th: A Resolution compensating Parker-White Motors; and for other pur poses.
Referred to the Committee on Appropriations.
HB 14. By Mr. Westlake of the 119th:
A Bill to be entitled an Act to amend an Act relating to the examina tion of applicants for certain licenses issued by the Insurance Com missioner, so as to allow certain applicants who have completed certain examinations to receive such licenses without the necessity of taking certain written examinations, and for other purposes.
Referred to the Committee on Insurance.
HB 15. By Mr. Westlake of the 119th:
A Bill to be entitled an Act to amend an Act relating to the examination of certain applicants for licenses issued by the Insurance Commissioner so as to exempt applicants for certain of such licenses who have success fully completed certain of the examinations given by the Society of Chartered Property and Casualty Underwriters; and for other purposes.
Referred to the Committee on Insurance.
HB 16. By Mr. Spillers of the 37th:
A Bill to be entitled an Act to amend an Act relating to persons having reached 18th birthday and married, may execute notes, etc., for the purpose of securing loans on real estate; so as to authorize certain minors to enter into contracts for the purchase of personalty and to execute appropriate instruments creating a security interest in the property purchased; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 17. By Messrs. Levitas and Harris of the 118th, and Harris of the 85th: A Bill to be entitled an Act to create a commission to be known as the "Law Revision Commission"; and for other purposes.
Referred to the Committee on Judiciary.
TUESDAY, JANUARY 11, 1966
53
HB 18. By Messrs. Levitas and Farrar of the 118th:
A Bill to be entitled an Act to amend Code Chapter 26-20 relating to the crimes of "peeping torn" and "eavesdropping", so as to rename the said Chapter; and for other purposes.
Referred to the Committee on Judiciary.
Mr. Rainey of the 69th arose to a point of personal privilege and addressed the House.
The following Resolutions were read and adopted:
HR 14. By Mr. Hawkins of the 139th:
A RESOLUTION
Expressing support to the United States government in its Vietnam policy; and for other purposes.
WHEREAS, loyal Americans have always stepped forward in the defense of freedom because they realize that aggression anywhere in the world constitutes a threat to the life and liberty of free men every where; and
WHEREAS, it is sometimes necessary to use force as well as diplomacy in combatting Communist aggression; and
WHEREAS, responsible action in Vietnam using military force, diplomacy and all other public and private resources to protect these principles is for the ultimate benefit of all freedom loving people; and
WHEREAS, in assisting the people of South Vietnam to resist unprovoked aggression, the United States and other nations are carry ing on the honored tradition of defending a people's right to freedom; and
WHEREAS, the Government of the United States remains ready without condition for the international discussions that can lead to lasting peace;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby express its unqualified support of the government of the United States in its Viet nam policy, and expresses its appreciation to the American servicemen who are daily risking and giving their lives to bring about a just peace in South Vietnam.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this resolution with the seal of the General Assembly affixed thereto to the
54
JOURNAL OF THE HOUSE,
President of the United States, to the Secretary of Defense and to each member of the United States Congress from the State of Georgia.
HR 15. By Messrs. Hull of the 104th, Fleming of the 106th, Oglesby of the 92nd and Overby of the 16th:
A RESOLUTION
Requesting that members of the armed forces travelling by air to ports of debarkation be given priority in the State of Georgia; and for other purposes.
WHEREAS, because of the increasing commitment of the United States to South Viet Nam, large numbers of military personnel are being sent overseas; and
WHEREAS, a large number of the members of the armed forces return home to their families prior to the beginning of their overseas tours of duty; and
WHEREAS, it is imperative that as many conveniences and privi leges as possible be extended to the brave members of the armed forces who are meeting this country's commitment overseas.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby express its desire that all members of the armed forces, while travelling by air to ports of debarkation and making connections within this state, be given priority as to available seats in all aircraft serving this state.
Pursuant to HR 5 adopted by the House and Senate, the Senate appeared upon the floor of the House at 10:30 A.M., and the Joint Session convened for the purpose of hearing a message from His Excellency, Governor Carl E. Sanders.
The Joint Session was called to order by the President of the Senate.
The Secretary of the Senate read the Resolution providing for the Joint Session.
Accompanied by the Committee of Escort and other distinguished guests, Governor Sanders appeared upon the floor of the House.
Mrs. Betty Sanders, Mrs. Eloise Smith and Mrs. Mary Jean Geer were pre sented to the members of the General Assembly by Lieutenant Governor Peter Zack Geer.
TUESDAY, JANUARY 11, 1966
55
Lieutenant Governor Geer presented Governor Carl E. Sanders, who delivered the following address:
LIEUTENANT GOVERNOR GEER, SPEAKER SMITH, DISTIN GUISHED MEMBERS OF THE HOUSE AND SENATE, HONORED GUESTS, MY FELLOW GEORGIANS:
Today as I appear before you chosen representatives of the people of Georgia, I do so with full confidence and respect.
On yesterday, the House of Representatives of this General As sembly faced an almost unprecedented and difficult task.
It was acted upon with dignity and a proper sense of responsibility by all concerned.
This is as it should have been.
This is as Georgians would have it done.
Let me assure you that, as Governor, I will do everything possible to see that the orderly processes of government, and the deliberations of the General Assembly, will neither be interrupted not interfered with by anyone.
No legislative body in our State's history has ever had greater opportunity for service, or greater responsibility for constructive action, than you who sit in this truly representative and independent body.
Our beloved Georgia is a young and vibrant State with her best years still ahead. Her accomplishments are great, but they should never satisfy our desire to strive for further goals that are within our reach.
And now, let me begin by reporting to you what has been accom plished through dedication, unity of purpose and hard work.
On this the eleventh day of January, 1966, the State of our State is truly magnificent!
Three years ago this month, this Administration came to office pledged to give Georgia citizens a competent, honest, morally responsible effective and constructive government.
We have fulfilled our promise!
Never before has such a record of achievement and progress been written on the enduring leaves of Georgia's history. This could not have been accomplished without a true and working partnership between the legislative and executive branches of our government.
Our works are seeds sown in the fertile soil of Georgia, to grow and be harvested for years to come.
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Our stewardship--yours and mine--will not be judged solely by changes we make in our State, but by those changes which make our State what it ought to be.
The strides we have helped Georgia make are many, and the en thusiastic achievements of our people, from one end of Georgia to the other, are truly impressive to behold.
These transformations did not come about simply by word or creed, but by action and deed.
We, you and I, in partnership with the people, have guarded against complacency, which, far too often, has made the inferior acceptable, and the superior unattainable.
Working together we have tilled Georgia's fields of opportunity, so that now our 4-million, 400-thousand fellow-citizens are reaping the abundant harvest.
Unemployment in Georgia today is only 1.4 per cent, the lowest in the history of our State, among the lowest in the Nation, 50 per cent lower than the national average. Contributing to this healthy condition is the fact that, in the past three years, we have added more than 40,000 new industrial jobs.
The sale of Georgia's agricultural products reached an all-time high of nearly $l-billion dollars in 1965.
Construction of all types is setting new records, surpassing the $l-billion-dollar mark in 1965 for the third consecutive year.
The personal income of our Georgia citizens since January of 1963 has increased by $l-and-one-half-billion dollars.
These economic barometers reflect the record of this Administration in progress, development, growth, and in responsible action.
Now, let's look at that record:
We have revitalized Georgia education.
By the time this Administration closes its books, we will have opened the doors of our schools to 75,000 new students, and we will have pro vided for 10,000 new teachers and other certified professional personnel.
We have financed salary increases totaling $1,200 a year for our public school teachers, and we have made salary advancements aver aging 25 per cent for our college professors and instructors.
We have enriched the school programs by including, for the first time Statewide, librarians, counsellors, visiting teachers, and curriculum directors.
TUESDAY, JANUARY 11, 1966
57
The number of our college students already has increased 50 per cent.
Graduate and professional enrollment has increased 135 per cent since the beginning of this Administration.
More than 6,000 classrooms will have been financed for the State's public school system by next January.
Our State and local funds put into elementary and secondary schools buildings during this Administration, will almost equal the total amount expended during the previous two Administrations combined.
We will have financed $162-million dollars worth of college con struction. This sum represents $40-million dollars more than the total of funds expended for college construction during the entire 32 years of the University System's previous existence.
Four junior colleges--Armstrong at Savannah, Augusta College, Columbus College, and Georgia Southwestern at Americus--have been elevated to a four-year, degree-granting status.
Eight junior colleges will be opened or under construction by next January, and preliminary planning for three more is under way.
State aid has been extended to local authorities in effecting con solidation of more than 100 small schools.
This Administration is helping 1,360 Georgia boys and girls, who otherwise might have been denied the opportunity, to get a college edu cation. It is doing this through more than $l-million dollars in State guaranteed loans, approved by the Georgia Higher Education Assistance Corporation which was inaugurated six months ago. Now, no Georgia child is denied the opportunity of a college education.
I know that you share with me the pride of having been a part of this our State's College Education "Bill of Rights."
We will have opened or financed 22 area vocational-technical schools, including the world's largest here in Atlanta, for 20,000 Georgia boys and girls, men and women, who seek to gain technical skills that are necessary today to earn a living in our competitive society.
Georgia's educational television network of nine stations is nearing completion and we have provided 77 per cent of the total funds.
In summarizing our efforts for education, let me point out that $l-billion, 602-million dollars in total funds will have been expended for education of Georgians during this Administration.
This assures continuing quality education, and that is our legacy to all generations to come.
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In the field of mental health, operating funds have been increased by 48 per cent during the last three years. Capital outlays totaling some $45-million dollars have been provided for additional buildings to treat our mentally ill.
This is the largest percentage increase ever for mental health pro grams in Georgia.
The Georgia Mental Health Institute, which we opened in Atlanta in November to serve all Georgians, is a model for the Nation.
For years, thousands of our children have waited in vain for ad mission to the Gracewood Hospital and Training School. This Admin istration is financing and building a $19-million, 800-thousand dollar, 1,000-bed mental retardation center in DeKalb County, in order that the needs of these children may finally be met.
Assistance programs for the senior citizens, the disabled, and the blind, whose need is great, topped the $100-million dollar mark during this Administration, and aid to our dependent children increased $6,500,000 dollars in the same period, now providing more adequate funds for our fellow-citizens who must look to the State for help.
During this Administration $750-million dollars will have been pro vided for highway improvements, and 677 miles of interstate highways will either be completed or under construction.
We have revolutionized the penal system of Georgia by enacting measures designed to rehabilitate, rather than punish. We are building an $8-million dollar maximum security prison and diagnostic center in Butts County.
We have inaugurated a prison industries program.
The notorious Rock Quarry at Buford has been transformed into a training and evaluation center, and this year, at Alto, we are going to construct the first vocational-trade school for our youthful offenders.
We are determined to see that any individual in our prison system will be helped so that he can return to society as a useful and productive citizen.
The Georgia Department of Industry and Trade has been reorgan ized, and is now carrying on the most successful program of industrial development in our State's history. In fact, Georgia just this month was recognized by the Society of Industrial Realtors of the United States and Canada, as having the best program for industrial development in both Nations.
In the past three years, we have acquired 347 new industries, and 424 existing industries have expanded in our State, at a capital invest ment well in excess of $500-million dollars.
A significant factor in this industrial advancement has been the construction of community airports by this Administration. A total of 61 will have been built by the end of this year, that is, nearly two-thirds
TUESDAY, JANUARY 11, 1966
59
of all the airports constructed in this State since the beginning of aviation. This program establishes Georgia as the Nation's Number One in airport development in the past two years.
Further, I am delighted to announce to you that I am instructing the Planning Division of the Department of Industry and Trade to in augurate a Statewide planning program, designed to provide direction for the physical, social, and economic development of all Georgia. This program will begin immediately, and will be available to any level of local government in our State.
Tourism and recreation in Georgia today have been developed into a billion-dollar business. Our income from tourism has increased by 80 per cent in the first three years of this Administration.
Our 37 State parks, with more than five-and-a-half million visitors in 1965 alone, have had an increase in attendance of over 50 per cent in the last three years.
In recognition of this popular demand, our Administration has pro vided nearly half of all the funds for operation and improvement of State parks since the creation of the Parks Department 30 years ago.
Jekyll Island and Stone Mountain have experienced their greatest period of development during this Administration, and they are setting new attendance records daily.
Five Tourist Welcome Stations will have been financed and con structed by this Administration, providing hospitality and information to Georgia visitors.
We have opened 2-million acres for public hunting, and we have added public fishing ponds for the pleasure of thousands of Georgia sportsmen and their families.
The Georgia Historical Commission, with the largest budget ever, is developing and preserving historical sites and monuments over the entire State for the benefit of all our citizens and visitors.
In agriculture, our farms are producing more, and on less acreage, than ever before. The cash income from crops alone amounted to more than $450-million dollars in Georgia last year. This was truly a banner year for the farmers of Georgia.
Our Forestry Department, one of the Nation's finest, sold threeand-one-half million pine seedlings in 1965, and Georgia now ranks first of all states east of the Mississippi in the volume of its forest products.
Thirteen State Patrol Stations will have been constructed or reno vated, and 110 men added to the force. We also have granted State Troops their first pay increase in five years.
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The State Police Academy, which was financed and built by this Administration, will accept its first class this spring.
The Georgia Bureau of Investigation, with added authority, has been transformed into an effective, modern, and professional investi gative branch.
Our State Department of Veterans Services also is keeping pace with the times by instituting, later this week, comprehensive counselling services for widows and dependents of Georgia's heroic fighting men in Viet Nam.
We have extended the Merit System coverage to 6,000 career State employees, who previously were denied this basic protection and security by the State.
We have adjusted pay scales to make the State Government more competitive in obtaining qualified, career personnel. By the end of this Administration, a three-step salary increase will have been granted to our State employees.
We have instituted a personnel training program designed to im prove the competence of State employees, and next summer we are be ginning an internship for selected college students, who are interested in Georgia State Government.
For the first time in the history of our State, a self-insurance pro gram has been inaugurated by this Administration, and it will save our taxpayers $500-thousand dollars a year.
We created the Governor's Commission on Efficiency and Improve ment in Government, which has undertaken comprehensive studies of departmental policies and practices, and recommended ways and means for improving them.
I am particularly pleased with the legislative approval given our program for direct aid to our cities. It was during this Administration that, for the first time, the municipalities of Georgia received a re curring appropriation, and then were granted an increase in funds that made them a full partner on the organizational chart of govern ment.
In my judgment, our cities and towns face the greatest opportunity for service to the public of any time in history. In spelling out the sup plementary budget recommendations to you in a few moments, I will reveal still further avenues for helping Georgia's urban centers capture this new opportunity.
In continuing to pioneer programs that bolster the efforts of our cities and towns to better serve their citizens, we do so because it is our belief that our duty as State officials is not merely to see what lies dimly in the future, but to do what lies clearly at hand.
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61
Last but certainly not least among the major accomplishments of this Administration, will be the surplus that we will leave the next Administration and the next General Assembly.
While our fiscal officials inform me it is too early for an exact prediction of what the surplus may be, it is anticipated that it will be more than $40-million dollars, and it may go as high as $60-million dollars.
In any event, it should be three to four times as great as that on hand when this Administration took office in January of 1963.
This will be the largest surplus ever left by any Administration to a succeeding Governor.
In this context, I point with pride to the factors of sound fiscal responsibility, economy, and efficiency in Government, through which this surplus is being accumulated.
We are now in a new era in Georgia.
We have met the challenges of congressional redistricting and legislative reapportionment, and we have succeeded when other states have not.
And now, Ladies and Gentlemen, to the work before us. The achieve ments of yesterday will not suffice for the tasks of today, or for the opportunities of tomorrow.
As we move into 1966, the citizens of Georgia have every right to expect that this session will be a productive and constructive one, and that our unfinished business will receive our undivided attention.
So today, I put before you for your consideration, a positive pro gram of legislative action.
This program includes recommendations for a supplemental appro priations bill of $18-million, 555-thousand dollars, to meet the continuing needs of the citizens of Georgia.
A copy of the Supplement to the Governor's Budget Report for the 1965-67 Biennium has been placed on your desks.
It contains detailed information on the supplemental budget recom mendations, agency by agency, so therefore, I will touch only on the major points at this time.
Chief among the budgetary recommendations are those items dealing directly with our continuing program of educational improvement, both in our public schools, and in the colleges and universities.
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I am firmly convinced, as I believe that you and the people of Georgia are, that educational opportunity is our key to the future.
It is upon such that our security and our destiny, both as a State and as a Nation, rest.
It is also our solemn debt, from the present to the future genera tions of Georgians.
In order to further spur our efforts toward both quality and quantity in Georgia's educational program, I am recommending that $3.365,000 dollars be appropriated to the State Department of Education for our elementary and secondary schools, and $3,125,000 dollars go to the Board of Regents for our colleges and universities.
These appropriations will be used principally for building new pub lic school classrooms and college facilities, and for the consolidation of schools.
An item of $100,000 dollars in the Education Budget will be used to establish a pilot area-wide educational services program, through which school systems can share specialized personnel across county and system lines.
In addition, I am recommending that $200,000 dollars be set aside for inaugurating the first Statewide driver education program in the secondary schools of Georgia.
For the Department of Public Health, I am recommending $3million, 475-thousand dollars for funding the construction and staffing of two new regional mental health hospitals, with a total of 850 beds, and for staffing and operating two existing facilities, with a total of 1,200 beds, at Thomasville and Bainbridge.
There is also included $830-thousand dollars for the expansion of community level mental health programs and services throughout the State.
With this expenditure, this Administration will have put more money into our mental health programs than any other Administration in Georgia history.
For the Statewide probation program, I am recommending suffi cient funds to advance the appointment of eight officers authorized in last year's Appropriations Bill, and the addition of eight new officers on July first.
By so doing, we will reduce the average caseload per officer to 135, far lower than the 200-plus caseload each officer carried when this Administration began.
This will be money well spent, for each inmate in a State prison costs our economy $4,430 dollars a year, while each probationer costs the State only $85.60 a year.
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63
For the Law Department, I am recommending sufficient funds to permit the Attorney General to employ three additional assistants to help carry the burden df State litigation.
For the Department of Industry and Trade, my recommendation in cludes $198-thousand dollars for expanded and increased departmental operations, and $250,000 dollars for continuing the State's progressing program of airport development.
For the Revenue Department, which also has done an outstanding job during this Administration, I am recommending a million dollars, to meet the growth needs of this Department because of expanded operations and increased work-load.
Additionally, I am recommending:
$281,000 dollars for the Agriculture Department so that it may pursue and expand several research programs, and continue its develop ment and improvement of the Farmers Market at Columbus;
$350,000 dollars as the State's share for beautifying the area be tween the State, City of Atlanta, and Fulton County centers of Govern ment, as an attractive public park, with an underground parking facility;
0,000 dollars for completion of the six regional youth develop ment centers, approved by the Legislature last year;
$145,000 dollars to the Department of Public Safety for the purpose of purchasing automated filing and microfilming equipment;
$125,000 dollars to the Science and Technology Commission so that the State's program of scientific research may be expedited and carried out; and
$562,000 dollars to implement the teacher retirement law, permit ting public school educators to retire at 63, rather than the present 65 years of age.
As you know, under our Constitution all funds collected as motor fuel taxes must be allocated to the State Highway Department. There fore, $4,105,000 of such funds are included in this supplemental budget recommendation.
After conferring with Highway Department officials, I am pleased to announce today that $l-million dollars will be budgeted in 1966 to study, and to plan, traffic and transportation programs in our metro politan areas.
In addition, a budget of $400,000 dollars for the calendar year 1966 will be established by the Highway Department to finance a traffic safe ty program, including the use of highway mileage markers, and the em ployment and training of safety engineers.
The implementation of these proposals, coupled with the recent activation of the Georgia Safety Council, will thus provide our State
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with the first real highway safety program in history, and will allow us to take a major step forward in our efforts to relieve urban traffic problems.
This is an opportunity for all levels of Government to work together, and I predict success for this newest program of progress and safety.
Among other legislative matters which this Administration will present to you for your consideration are several of immediate signifi cance, and others of more long-term application.
We must insure proper game and fish conservation in Georgia. Our State ranks near the top in the number of hunting and fishing licenses sold, but near the bottom in license revenue. We will, therefore, introduce a bill unanimously endorsed by all conservation and sportsman organizations in the State, increasing the hunting and fishing fee by only $1.00
This modest increase will insure proper game and fish conserva tion, and it would assure our children and grandchildren that they, too, will know the pleasure of hunting and fishing a generation from now.
Among other bills to be offered will be one authorizing the State to require an audit of city and county highway fund grants. Such funds are designated for specific purposes, and I believe it only right that the taxpayers of Georgia have the benefit of an accounting of their use.
Another measure will require that the ad valorem tax be paid on a motor vehicle at the time the tag is purchased. By enacting this bill into law, the General Assembly will guarantee the collection of millions of dollars in ad valorem taxes that now go uncollected at the local governmental level, and assure all Georgians that every vehicle owner will then pay his fair share of local taxes.
Tax relief by government at any level is a rare privilege, one which I am delighted to exercise today, by submitting to you a measure which provides for a special income tax exemption of $600-dollars, above and beyond all other existing exemptions ... to cover all students beyond the high school level.
This includes students in our colleges and vocational-technical schools. This new law will give relief to thousands upon thousands of hard-pressed Georgia parents who must undertake heavy financial bur dens in sending their children through college.
There will also be four amendments in the field of education which were approved by the Legislature in the constitutional revision, which was kept off the ballot by the Federal Court. One is to facilitate school system mergers. Another is to simplify the selection of county super intendents and education boards by local option. Another would enable a millage increase, under specified condition, for local school financing, and the fourth permits the local bonded indebtedness to be increased from seven to ten per cent for school purposes.
TUESDAY, JANUARY 11, 1966
65
We are also going to introduce a bill to give free drivers license for Viet Nam War Veterans.
To fully recognize their contributions to government, we will ask that the Commission on the Status of Women, and the Youth Advisory Council, be granted statutory approval.
An important change in our election code will be contained in a constitutional amendment permitting citizens who move to Georgia, and who are registered in other states, but wish to vote here, to do so within a reasonable time as established by the General Assembly.
I believe it is time also for us to take a careful look at means of expediting rapid transit for our expanding urban centers. We need to free the General Assembly of constitutional restriction from direct fund appropriations for such a system, and this I recommend to you. By so doing, our cities will be better prepared to establish a rapid transit system when Federal matching funds become available, and, at the same time, we would thereby make more money available for highway construction in other areas of the State.
There is still another public concern, one which must be covered by legislation. I refer to crime control. Georgia truly is a "big league" State today in many ways, and has therefore become more attractive to organized crime. We now have major league football and baseball franchises, and it is our vigilant duty to take all steps necessary to keep the corrupting influence of syndicated criminal activity out of Georgia.
This Administration will introduce measures to discourage any attempt at establishing syndicated gambling operations in Georgia, and will do all else that it can to suppress and eradicate crime of any kind in Georgia.
The bills I have mentioned that this Administration will introduce, and those which time does not permit me to cover now, I sincerely recommend for enactment into law. I can assure you that my legisla tive program for this session is designed to help provide what each of us desires most, a better and more prosperous Georgia, with moral
integrity, improved government, and progress as her eternal hallmark.
I am grateful that Georgia is blessed with men and women like you, and the dedicated officials of State Government, who knows that the future is ours, to make or to mar.
We must and will work harder this session than ever before, for excellence will never be granted to us, it must be earned, and it will be the truest reward for our labor.
Good government is built upon trust, and trust is built upon confi dence in one another's integrity to serve all citizens.
This Legislature has an opportunity that perhaps no other in mod ern times has been afforded: That is, eliminating--once and for all--
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any division between urban and rural representation, and establishing forever the fact that we are one State, and that you represent one Georgia.
\
To paraphrase the words of the beloved hymn, "Come, Holy Spirit,
Heavenly Dove," let me say:
"Come, you men who love this State,
And muster all thy powers;
And set an example of how to serve,
In these challenging hours."
I pledge to you my service and my assistance, and I wish each of you Godspeed in your work.
Thank you.
Senator Webb of the llth moved that the Joint Session be now dissolved, the motion prevailed, and the President of the Senate announced the Joint Session dissolved.
The Speaker called the House to order.
Mr. Busbee of the 79th moved that the House do now adjourn until 12:30 o'clock tomorrow afternoon, and the motion prevailed.
The Speaker announced the House adjourned until 12:30 o'clock tomorrow afternoon.
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67
Representative Hall, Atlanta, Georgia Wednesday January 12, 1966
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. Phillip H. Barnhart, Pastor First Methodist Church, Carnesville, Georgia:
Is faith asleep? Let's wake it. Today is ours, let's make it. Love is strong, let's give it. A song can help, let's sing it. Peace is dear, let's bring it.
Our work is here, let's do it. The past is done, don't rue it. The road is rough, let's clear it; The future vast, don't fear it.
/ The world is wrong, let's right it. When evil comes, let's fight it. Is faith asleep? Let's wake it. Today is ours, let's take it.
Amen.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, 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.
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The following communications from the Executive Department were received:
EXECUTIVE DEPARTMENT THE STATE OF GEORGIA
Executive Order
By the Governor:
WHEREAS: The Court of Appeals of Georgia on the 20th day of May, 1965, held in the case of Hiram K. Undercofler v. Capital Automobile Company that a federal manufacturer's excise tax is an element of the cost of property sold and said federal manufacturer's excise tax is included in the base of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act; and
WHEREAS: The Congress of the United States has indicated a phasing out of many of these excise taxes; and
WHEREAS: The increased State revenues have not been projected in revenue estimates and the economy of the State of Georgia is such that additional revenues from the public are not needed; it is therefore
ORDERED: Under the authority of Code Section 40-205, that the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act attributable to the inclusion of the Federal Manufacturer's Excise Tax imposed by Sections 4061-4211 of the Inter nal Revenue Code of 1954 in the base of said Sales Tax be suspended until the next meeting of the General Assembly.
This 9th day of July, 1965.
Attest:
/s/ D. D. Barnard, Jr. Executive Secretary
/&/ Carl E. Sanders Governor
EXECUTIVE DEPARTMENT THE STATE OF GEORGIA
Executive Order
By the Governor:
WHEREAS: Georgia Code Section 40-205 provides that the Gover nor 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 com monly recognized as being Holy Scriptures, regardless of by or to
WEDNESDAY, JANUARY 12, 1966
69
whom sold, be suspended until the next meeting of the General As^ sembly.
This 29th day of March, 1965.
Attest:
/s/ D. D. Barnard, Jr. Executive Secretary
/s/ Carl E. Sanders Governor
EXECUTIVE DEPARTMENT THE STATE OF GEORGIA
Executive Order
By the Governor:
WHEREAS: Georgia Code Section 40-205 provides that the Gov ernor 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 the Georgia use tax on all tangible personal property purchased outside of the State of Georgia by persons who at the time of purchase are not domiciled in this St&te but who subsequently become domiciled herein and bring said property into this State for the first time as a result of said change of domicile, provided said property is not brought into this State for use in a trade, business or profession, be suspended until the next meeting of the General Assembly.
This 31st day of May, 1965.
Attest:
/s/ Carl E. Sanders Governor
/s/ D. D. Barnard, Jr. Executive Secretary
By unanimous consent, the following Bills and Resolutions of the House were
introduced, read the first time and referred to the Committees:
...
HB 19. By Mr. Fulford of the 67th:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Terrell County; and for other purposes.
Referred to the Committee on Local Affairs.
:
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JOURNAL OF THE HOUSE,
HB 20. By Mr. Fulford of the 67th:
A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Lee County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 21. By Mr. Fulford of the 67th: A Bill to be entitled an Act to change the terms of the Superior Court of Lee County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 22. By Mr. Mauldin of the 18th:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Franklin County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 23. By Mr. Mauldin of the 18th:
A Bill to be entitled an Act to amend an Act incorporating the City of Royston, so as to provide that all members of the Council shall be elected from the city at large, in lieu of by wards; and for other purposes.
Referred to the Committee on Local Affairs.
HB 24. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the punishment prescribed for persons convicted of operating a motor vehicle under the influence of intoxicating liquors or narcotic drugs; and for other purposes.
Referred to the Committee on Judiciary.
HB 25. By Mr. Pickard of the 112th:
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 relating to the cost for blood alcohol tests to determine whether or not a person was operating a motor vehicle while under the influence of intoxicating liquor; and for other purposes.
Referred to the Committee on Special Judiciary.
WEDNESDAY, JANUARY 12, 1966
71
HB 26. By Mr. Harris of the 118th:
A Bill to be entitled an Act to amend Code Section 30-127, relating to the custody of children in connection with the granting of divorce, so as to repeal the provision that in all divorce cases where the child has reached the age of 14 years, he shall have the right to select the parent with whom he desires to live and such selection shall be con trolling unless the parent is determined to be an unfit psrson to have custody of said child; and for other purposes.
Referred to the Committee on Judiciary.
HB 27. By Mr. Harris of the 118th:
A Bill to be entitled an Act to amend the Code of Georgia of 1933, re lating to the enforcement of laborer's and materialmen's liens, so as to provide that any lien enforced directly against the property so improved shall be brought within 12 months from the time such material, services, labor, or supplies were furnished; and for other purposes.
Referred to the Committee on Judiciary.
HB 28. By Messrs. Harris of the 118th and Carley of the 117th:
A Bill to be entitled an Act to amend Section 37-607 of the 1933 Code of Georgia, so as to provide that powers of sale and other powers in deeds of trust, mortgages, and other instruments may be exercised by transferees and other parties regardless of whether or not the transfer specifically includes such powers or conveys title to the property de scribed; and for other purposes.
Referred to the Committee on Judiciary.
HB 29. By Messrs. Harris of the 118th and Carley of the 117th:
A Bill to be entitled an Act to amend Code Chapter 67-13 of the 1933 Code of Georgia relating to conveyances to secure debt, so as to provide for a new code section to be designated as Code Section 67-1305A; to provide the language to be incorporated in such code section; and for other purposes.
Referred to the Committee on Judiciary.
HB 30. By Messrs. Harris of the 118th and Carley of the 117th:
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.
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HB 31. By Mr. Jones of the 112th:
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 clarify the provisions relating to the payment of deposits in two names; and for other pur poses.
Referred to the Committee on Banks and Banking.
HB 32. By Mr. Jones of the 112th:
A Bill to be entitled an Act to provide that every parent having in custody and control over a minor child or children under the age of 17 shall be liable for the wilful and wanton acts of said minor resulting in injury or damage to the person or property, or both, of another; and for other purposes.
Referred to the Committee on Judiciary.
HB 33. By Messrs. Harris, Walling, Levitas and Farrar of the 118th:
A Bill to be entitled an Act to amend Code Section 89-9908, relating to the method of indictment of county officers for malpractice in office, so as to strike that portion which gives the defendant the right to bring witnesses before the grand jury and to examine the witnesses of the prosecution; and for other purposes.
Referred to the Committee on Judiciary.
HB 34. Messrs. Melton and Gaissert of the 34th:
A Bill to be entitled an Act to provide that it shall be unlawful for a person to incite or encourage demonstrations in which the total number of demonstrators shall exceed the total number of law enforcement officers in a municipality or exceed 1/4 of the total strength of the Georgia State Patrol in unincorporated areas; and for other purposes.
Referred to the Committee on Judiciary.
HB 35. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to provide the manner in which executors, administrators and trustees may satisfy certain bequests and transfers by distribution of assets in kind; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 36. By Messrs. Murphy of the 26th, Matthews of the 29th, Paris of the 23rd and Overby of the 16th:
A Bill to be entitled an Act to amend Code Title 27, relating to criminal procedure, so as to delete therefrom the requirement that a jury be present in order that an appearance bond or recognizance may be for feited; and for other purposes.
Referred to the Committee on Special Judiciary.
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HB 37. By Messrs. Chandler and Harrington of the 47th, Carr of the 48th, Anderson of the 71st and Marshall of the 39th:
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 strike the provisions relating to the killing of dogs pursuing deer outside a prescribed locality and the freedom from liability therefor; and for other purposes.
Referred to the Committee on Game and Fish.
HB 38. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Chapter 109A, relating to the Uniform Commercial Code, so as to provide for the specific repeal of certain laws concerning the law of negotiable instruments; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 39. By Messrs. Harris and Parrar of the 118th, McDaniell of the 101st, Simkins of the 106th, Carley of the 117th and Jones of the 112th:
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 Industrial Relations.
HB 40. By Messrs. Melton and Gaissert of the 34th: A Bill to be entitled an Act to amend the Charter of the City of Griffin, relating to the Commissioners' salary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 41. By Messrs. Matthews of the 29th, Rowland of the 48th, Elliott of the 107th, Houston of the 84th and Brinkley of the 112th:
A Bill to be entitled an Act to amend an Act creating the State Board of Workmen's Compensation, so as to change the compensation of the Chairman and the other two members of the board; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 42. By Messrs. Carley, Malone and Palmer of the 117th and Harris of the 118th:
A Bill to be entitled an Act to amend an Act relating to the corporation laws of the State, so as to change the time when advertisements shall appear after the filing of the application or petition for charter; and for other purposes.
Referred to the Committee on Judiciary.
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HB 43. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to create a board of examiners of peace officers; and for other purposes.
Referred to the Committee on Judiciary.
HB 44. By Messrs. Clarke of the 45th, Dailey of the 66th, Doster of the 73rd, NeSmith of the 43rd, McDaniell of the 101st and Tucker of the 36th:
A Bill to he entitled an Act to abolish the Department of Mines, Mining and Geology; and for other purposes.
Referred to the Committee on Natural Resources.
HR 20-44. By Messrs. Clarke of the 45th, NeSmith of the 43rd, Blalock of the 33rd, Tucker of the 36th, Spillers of the 37th and others:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to create public corporations with the power to issue revenue obligations for the purpose of developing in dustrial facilities; and for other purposes.
Referred to the Committee on Appropriations.
HR 21-44. By Messrs. Clarke of the 45th, Blalock of the 33rd, Dailey of the 66th, Doster of the 73rd, NeSmith of the 43rd and others:
A Resolution proposing an amendment to the Constitution so as to provide for the classification of certain personal property held as in ventory as a separate class of tangible property; and for other purposes.
Referred to the Committee on Ways and Means.
HR 22-44. By Messrs. Melton and Gaissert of the 34th: A Resolution compensating Mr. John L. Wynn; and for other purposes.
Referred to the Committee on Appropriations.
HR 23-44. By Mr. Lovell of the 6th: A Resolution compensating Mr. Clayton Ramey; and for other purposes.
Referred to the Committee on Appropriations.
HR 24-44. By Mr. Jones of the 112th: A Resolution proposing an amendment to the Constitution so as to provide that service at Gracewood State School and Hospital or at any other facility operated by or under the jurisdiction of the State
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75
Department of Public Health shall be applicable service for the re payment of medical loans and scholarships and that such service shall be retroactive; and for other purposes.
Referred to the Committee on Appropriations.
HR 25-44. By Mr. Lovell of the 6th: A Resolution compensating Mr. Earl O. Senior; and for other purposes.
Referred to the Committee on Appropriations.
HR 26-44. By Mr. Lovell of the 6th: A Resolution compensating1 Mr. Willard York; and for other purposes.
Referred to the Committee on Appropriations.
HR 27-44. By Mr. Duncan of the 4th:
A Resolution compensating the Pannin County Agricultural Association, Inc.; and for other purposes.
Referred to the Committee on Appropriations.
HR 28-44. By Mr. Carley of the 117th:
A Resolution proposing an amendment to Article VI, Section XI, Paragraph I of the Constitution of Georgia, relating to the office and election of solicitors general, so as to provide that each solicitor general shall be elected only by the electors of the circuit for which such solicitor general shall serve; and for other purposes.
Referred to the Committee on Judiciary.
HR 29-44. By Mr. Carley of the 117th:
A Resolution proposing an amendment to Article VI, Section III, Paragraph II of the Constitution of Georgia, relating to the office and election of superior court judges, so as to provide that each superior court judge shall be elected only by the electors of the circuit for which such superior court judge shall serve; and for other purposes.
Referred to the Committee on Judiciary.
HR 30-44. By Mr. Gaissert of the 34th:
A Resolution to relieve Otis David Hatchett as surety on an appearance bond and to cancel a fi. fa. issued against him; and for other purposes.
Referred to the Committee on Judiciary.
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HR 31-44. By Messrs. Gaissert and Melton of the 34th:
A Resolution to relieve A. J. Martin as surety on an appearance bond and to cancel a fi. fa. issued against him; and for other purposes.
Referred to the Committee on Judiciary.
HB 45. By Messrs. Harris of the 118th, Smith of the 90th, Hale of the 1st and Busbee of the 79th and Lambert of the 38th:
A Bill to be entitled an Act to authorize and empower the Department of Public Safety to use timing devices and radar eqiupment to enforce traffic ordinances and laws and safety regulations on the streets, roads, and highways of this State; and for other purposes.
Referred to the Committee on State of Republic.
HB 46. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to authorize the State Board of Education, upon agreement of the other State department or agency concerned to provide for the education of children, youth and adults who are under the custody and control of other departments and agencies of this State and located or situated in an institutional or residential facility maintained by such other department or agency; and for other purposes.
Referred to the Committee on Education.
HB 47. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
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 a personal exemption of $1200 for each son, stepson, daughter, stepdaughter, or ward of the taxpayer if such dependent is a student; and for other purposes.
Referred to the Committee on Ways and Means.
HB 48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend an Act authorizing the State Personnel Board to provide a Health Insurance Plan for State em ployees, so as to remove the provision excluding coverage of certain dental care; and for other purposes.
Referred to the Committee on Insurance.
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77
HR 32-48. By Messrs. Harris of the 118th and Vaughn of the 117th:
A Resolution proposing an amendment to the Constitution so as to pro vide the periods of State and county residence for persons to be allowed to register and vote; and for other purposes.
Referred to the Committee on Judiciary.
HR 33-48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Resolution proposing an amendment to the Constitution of Georgia so as to change provisions relating to debts, additional debt and tem porary loans that may be incurred by county school districts and area school districts; and for other purposes.
Referred to the Committee on State of Republic.
HR 34-48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Resolution proposing an amendment to the Constitution so as to pro vide a method whereby the manner of electing or appointing members of county boards of education and superintendent of schools may be changed by local or special law and local referendum; to provide for the establishment of area school districts; and for other purposes.
Referred to the Committee on State of Republic.
HR 35-48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Resolution proposing an amendment to the Constitution so as to provide for local taxation in support and maintenance of education and for increasing or removing tax rates under certain circumstances; and for other purposes.
Referred to the Committee on State of Republic.
HR 36-48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated July 9, 1965, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act attributable to the inclusion of the Federal Manufacturers Excise Tax in the base of said Sales Tax until the next meeting of the General Assembly; and for other purposes.
Referred to the Committee on State of Republic.
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HR 37-48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 29th 1965, 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 State of Republic.
HB 49. By Messrs. Fulford of the 67th, Tucker of the 36th, Dailey of the 66th, Bowen of the 69th, Black of the 56th and others:
A Bill to be entitled an Act to amend Code Section 84-1209, 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 50. By Mr. Sweat of the 83rd:
A Bill to be entitled an Act to amend Code Section 27-101, relating to rewards offered by the Governor for the arrest of felons, so as to increase the reward which may be offered by the Governor in capital felonies; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 51. By Mr. Busbee of the 79th:
A Bill to be entitled an Act to amend an Act providing revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia, so as to change the amount of monthly pension benefits; and for other purposes.
Referred to the Committee on Appropriations.
HR 38-51. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated May 31, 1965, suspending the collection of taxes im posed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on certain tangible personal property purchased outside the State of Georgia and subsequently brought into this State as a result of the purchaser becoming domiciled herein until the next meeting of the General Assembly; and for other purposes.
Referred to the Committee on State of Republic.
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79
HB 52. By Mr. Richardson of the 116th:
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 53. By Mr. Richardson of the 116th:
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 Judiciary.
HB 54. By Mr. Richardson of the 116th:
A Bill to be entitled an Act to provide for and designate a time line which shall be the line fixing the boundary of territory in which East ern Standard Time shall prevail in the State of Georgia; and for other purposes.
Referred to the Committee on Judiciary.
HB 55. By Mr. Richardson of the 116th:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the levy of a motor fuel tax and certain exemptions therefrom, so as to eliminate therefrom those provisions, relating to the storage capacity of certain watercraft as they pertain to the exemption of the tax on certain purchases of motor fuel therefor; and for other purposes.
Referred to the Committee on Ways and Means.
HR 39-55. By Mr. Richardson of the 116th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide for the exemption from taxa tion of all facilities installed for the primary purpose of reducing air or water pollution; and for other purposes.
Referred to the Committee on Ways and Means.
HR 40-55. By Mr. Richardson of the 116th:
A Resolution proposing an amendment to the Constitution so as to au thorize 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.
Referred to the Committee on Judiciary.
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HR 41-55. By Mr. Richardson of the 116th: A Resolution compensating L. H. Flowers; and for other purposes.
Referred to the Committee on Appropriations.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 1. By Messrs. Smith of the 90th; Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A Bill to be entitled an Act to amend an Act providing appropriations for the State Government for the fiscal year 1965-66 and the fiscal year 1966-67, and for other purposes.
HB 2. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A Bill to be entitled an Act to provide supplementary appropriations for the remainder of 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 operation of the agencies of the State and for other purposes.
HB 3. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
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 license fees, and for other purposes.
HB 4. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th:
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; to define the term motor vehicle; and for other purposes.
HB 5. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th:
A Bill to be entitled an Act to amend an Act pertaining to the registra tion and licensing of motor vehicles in the counties throughout the State, so as 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.
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81
HB 6. By Messrs. Hull of the 104th, Murphy of the 26th, Conger of the 89th, Jones of the 112th, Harris of the 85th, Lambert of the 38th, Jones of the 76th, Caldwell of the 51st, Walling of the 118th and Fleming of the 106th:
A Bill to be entitled an Act to comprehensively revise, supersede, and modernize pretrial, trial and certain posttrial procedures in civil cases; and for other purposes.
HB 7. By Messrs. Jones and Wilson of the 109th, Bryant of the 108th, Elliott of the 107th, Knapp of the 109th and Stewart of the 109th:
A Bill to be entitled an Act to authorize any municipality in the State of Georgia to adopt ordinances prohibiting any person, firm or corpora tion within the corporate, jurisdictional or territorial limits of such municipality from transporting any alcoholic beverages or liquors, spiritous liquors or distilled spirits on which certain tax thereon has not been paid; and for other purposes.
HB 8. By Mr. Jones of the 109th:
A Bill to be entitled an Act to amend Code Section 27-902, relating to bail in misdemeanor cases, so as to provide that sureties tendered and offered on bonds of persons charged with offense of a misdemeanor as a result of a commitment hearing held in any mayor's or recorder's court may be approved by the chief law enforcement officer of the municipality or the committing officer; and for other purposes.
HB 9. By Mr. Lewis of the 50th:
A Bill to be entitled an Act to abolish the present mode of compensating the Sheriff of Burke County known as the fee system; and for other purposes.
HB 10. By Mr. Howell of the 86th:
A Bill to be entitled an Act to abolish the present mode of compensating the Sheriff of Early County known as the fee system; and for other purposes.
HB 11. By Mr. Hull of the 104th:
A Bill to be entitled an Act to amend an Act creating the Mineral Leasing Commission, so as to provide for specified terms of office of members of the Commission appointed by the Governor; and for other purposes.
HB 12. By Messrs. Lambros of the 130th, Levitas of the 118th, McClatchey of the 138th 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 office of the President of the Board of Aldermen; and for other purposes.
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HB 13. By Messrs. Lambros of the 130th, Dillon of the 128th, Hood of the 124th, McClatchey of the 138th and others:
A Bill to be entitled an Act establishing a Municipal Court of the City of Atlanta, so as to provide for a standard and uniform cost bill; and for other purposes.
HR 9-13. By Mr. Jones of the 109th:
A Resolution releasing certain property belonging to Ernest Geone, Jr. from all fi. fas.; and for other purposes.
HR 10-13. By Mr. Irvin of the llth: A Resolution to compensate Ed. Lonzo Smith; and for other purposes.
HR 11-13. By Messrs. Abney, Snow and Hale of the 1st:
A Resolution compensating Gordon J. McGraw, Jr.; and for other purposes.
HR 12-13. By Mr. Parker of the 55th:
A Resolution compensating Mrs. Marjorie K. Knight; and for other purposes.
HR 13-13. By Mr. Lewis of the 50th:
A Resolution compensating Parker-White Motors; and for other pur poses.
HB 14. By Mr. Westlake of the 119th:
A Bill to be entitled an Act to amend an Act relating to the examination of applicants for certain licenses issued by the Insurance Commissioner, so as to allow certain applicants who have completed certain examina tions to receive such licenses without the necessity of taking certain written examinations, and for other purposes.
HB 15. By Mr. Westlake of the 119th:
A Bill to be entitled an Act to amend an Act relating to the examination of certain applicants for licenses issued by the Insurance Commissioner so as to exempt applicants for certain of such licenses who have success fully completed certain of the examinations given by the Society of Chartered Property and Casualty Underwriters; and for other purposes.
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83
HB 16. By Mr. Spillers of the 37th:
A Bill to be entitled an Act to amend an Act relating to persons having reached 18th birthday and married, may execute notes, etc., for the purpose of securing loans on real estate; so as to authorize certain minors to enter into contracts for the purchase of personalty and to execute appropriate instruments creating a security interest in the property purchased; and for other purposes.
HB 17. By Messrs. Levitas and Harris of the 118th, and Harris of the 85th:
A Bill to be entitled an Act to create a commission to be known as the "Law Revision Commission"; and for other purposes.
HB 18. By Messrs. Levitas and Farrar of the 118th:
A Bill to be entitled an Act to amend Code Chapter 26-20 relating to the crimes of "peeping torn" and "eavesdropping", so as to rename the said Chapter; and for other purposes.
The Speaker presented to the House Mr. Carroll Ward, President of the Georgia Jaycees, who addressed the House.
Mr. R. S. Hutchinson of the 79th rose to a point of personal privilege and made the following remarks:
"Mr. Speaker and Members of the House of Representatives:
I wish to make this statement. I voted not to seat Julian Bond, but due to mechanical failure, the voting machine failed to record my vote. I advised the Clerk immediately after the vote was re corded. The House Journal now correctly shows my position on this matter."
The following Resolutions of the House and Senate were read and adopted.
HR 16. By Mr. Smith of the 90th:
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing addresses by Senator Richard B. Russell and Senator Herman E. Talmadge; and for other purposss.
WHEREAS, Honorable Richard B. Russell, Senior United States Senator, from the State of Georgia and Honorable Herman E. Talmadge,
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Junior United States Senator from the State of Georgia have rendered outstanding service to this State and Nation and have compiled an illustrious record as faithful and devoted public servants; and
WHEREAS, by their unyielding efforts to protect the rights of the people they have earned the admiration, gratitude, and respect of the citizens of the State of Georgia; and
WHEREAS, the members of the General Assembly would be privi leged and honored to hear addresses by both of these distinguished Georgians.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Senator Richard B. Russell and Sen ator Herman E. Talmadge are each extended a most cordial invitation to address a joint session of the House and Senate at 11:00 o'clock a.m., January 17, 1966.
BE IT FURTHER RESOLVED that a joint session of the House and Senate shall be held in the hall of the House of Representatives at 10:45 o'clock a.m. on the aforesaid date for the purpose of hearing these addresses.
BE IT FURTHER RESOLVED that the Speaker of the House of Representatives and the President of the Senate are hereby author ized to make whatever arrangments are necessary in order to carry out the purposes of this resolution.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit copies of this resolution to Senators Russell and Talmadge.
The Speaker, on the part of the House, appointed the following men to serve as the Committee of Escort:
Messrs. Vaughn of the 117th,
Paris of the 23rd, Odom of the 79th, Bennett of the 95th, Simkins of the 106th, Lambert of the 38th, Lovell of the 6th, Rowland of the 48th, Smith of the 54th and Johnson of the 40th.
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85
HR 17. By Messrs. Melton and Gaissert of the 34th:
A RESOLUTION
Requesting the Legislative Services Committee and the House of Representatives to provide office space and other facilities for the House minority party leader; and for other purposes.
WHEREAS, the General Election of 1964 and the special election of June 16, 1965, to fill House seats created as a result of reapportionment clearly indicate that Georgia is becoming- a two party State; and
WHEREAS, there will be twenty-two (22) Republican members of the House of Representatives when the General Assembly convenes on the second Monday in January, 1966; and
WHEREAS, this number amounts to over ten per cent (10%) of the total House membership of two hundred five (205) ; and
WHEREAS, other leaders in the House such as the Speaker and the Administration Floor Leader are provided office space and other facilities in the State Capitol; and
WHEREAS, the sense of fair play requires that if other leaders of the House are provided office space and other facilities in the Capitol, it is only fitting and proper that the leader of a minority party should also be provided office space and facilities when such minority party has at least ten per cent (10%) of the total membership of the House, and has duly elected or appointed the Minority Leader and certified his name to the Speaker of the House.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby request the Legis lative Services Committee and the House of Representatives to provide office space and other facilities for the leader of any minority party, if such party has membership constituting at least ten per cent (10%) of the total membership of the House when such minority party leader has been duly elected or appointed and certified as provided herein.
BE IT FURTHER RESOLVED that the funds necessary to carry out the provisions of this Resolution shall come from funds appropriated to or otherwise made available to the legislative branch of government.
SR 3. By Senators Gregory of the 15th and Webb of the llth:
A RESOLUTION
Expressing support to the United States government in its Vietnam policy; and for other purposes.
WHEREAS, loyal Americans have always stepped forward in the defense of freedom because they realize that aggression anywhere
JOURNAL OF THE HOUSE,
in the world constitutes a threat to the life and liberty of free men everywhere; and
WHEREAS, it is sometimes necessary to use force as well as diplomacy in combatting Communist aggression; and
WHEREAS, responsible action in Vietnam using military force, diplomacy and all other public and private resources to protect these principles is for the ultimate benefit of all freedom loving people; and
WHEREAS, in assisting the people of South Vietnam to resist un provoked aggression, the United States and other nations are carrying on the honored tradition of defending a people's right to freedom; and
WHEREAS, the Government of the United States remains ready without condition for the international discussions that can lead to lasting peace;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby express its unqualified support of the government of the United States in its Vietnam policy, and expresses its appreciation to the American service men who are daily risking and giving their lives to bring about a just peace in South Vietnam.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this resolution with the seal of the General Assembly affixed thereto to the President of the United States, to the Secretary of Defense and to each member of the United States Congress from the State of Georgia.
The Speaker announced the House recessed subject to the call of the Chair.
The Speaker called the House to order at 5:00 o'clock p.m.
Mr. Mitchell of the 3rd District 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:
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HB 3. Do Pass.
Respectfully submitted, Mitchell of 3rd. Chairman.
Mr. Ware of the 42nd moved that the House do now adjourn until 10:00 o'clock tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Thursday, January 13, 1966
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. York Chambless, Pastor First Baptist Church, Smyrna, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested bills 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HR 42-55. By Mr. Johnson of the 25th: A Resolution proposing an amendment to the Constitution so as to create the Elbert County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
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89
HB 56. By Messrs. Bean, Evenson, Westlake and Higginbotham of the 119th:
A Bill to be entitled an Act to amend Code Section 92-6402, relating to the requirement that taxes be paid to that county in which the prop erty taxed is required to be returned for taxation, as amended, so as to change the procedure for the payment of taxes which are due in certain counties; and for other purposes.
Referred to the Committee on Judiciary.
HB 57. By Mr. Spillers of the 37th:
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 provide for additional deputies; and for other purposes.
Referred to the Committee on Local Affairs.
HB 58. By Messrs. Savage of the 58th, Williams of the 82nd, Peterson of the 59th, Holder of the 70th, Ross of the 31st, Watkins of the 9th, and Rainey of the 65th:
A Bill to be entitled an Act to amend Code Title 34, relating to elections, so as to provide for the filing of disqualification lists with the registrars and the Attorney General; and for other purposes.
Referred to the Committee on Judiciary.
HB 59. By Mr. NeSmith of the 43rd: 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 60. By Messrs. Watkins of the 9th, Savage of the 58th and Holder of the 70th:
A Bill to be entitled an Act to authorize sterilization of certain indi viduals by doctors of medicine; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 61. By Mr. Watkins of the 9th:
A Bill to be entitled an Act to amend an Act creating a County Com missioner of Roads and Revenues and an Advisory Board of Gilmer County, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes.
Referred to the Committee on Local Affairs.
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HB 62. By Mr. Watkins of the 9th:
A Bill to be entitled an Act to amend an Act creating the Office of Commissioners of Roads and Revenues of Pickens County, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes.
Referred to the Committee on Local Affairs.
HB 63. By Mr. Watkins of the 9th:
A Bill to be entitled an Act to amend an Act prohibiting the throwing or depositing of trash, garbage, or other substance upon the public roads or public property of this State, so as to change the penalty for throwing or depositing trash, garbage, or other substance upon the public roads or public property of this State; and for other purposes.
Referred to the Committee on Highways.
HB 64. By Mr. Watkins of the 9th:
A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Gilmer County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 65. By Mr. Watkins of the 9th:
A Bill to be entitled an Act to abolish the present method of com pensating the sheriff of Pickens County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 66. By Messrs. Starnes and Minge of the 13th, Johnson of the 40th, Moore of the 20th and Lowrey of the 13th:
A Bill to be entitled an Act to provide that in all criminal cases punish able by life imprisonment or death, the jury shall be required to make certain recommendations, which shall be binding on the court, upon finding the defendant guilty; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 67. By Mr. Dorminy of the 72nd:
A Bill to be entitled an Act to amend an Act amending and revising the Charter for the City of Fitzgerald; and for other purposes.
Referred to the Committee on Local Affairs.
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HB 68. By Messrs, Steis of the 100th, Jones of the 76th, Minge and Starnes of the 13th, Fulford of the 67th and others:
A Bill to be entitled an Act to amend an Act relating to Supreme Court and Judges of Court of Appeals, so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 69. By Mr. Rush of the 75th:
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 Tattnall, so as to change the compensation of the commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 70. By Mr. Rush of the 75th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of Superior Court of Tattnall County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 71. By Mr. Rush of the 75th:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Tattnall County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HR 43-71. By Mr. Rush of the 75th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the election of the members of the Board of Education of Tattnall County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 44-71. By Messrs. Starnes, Minge and Lowrey of the 13th and Moore of the 20th:
A Resolution proposing an amendment to the Constitution to authorize the General Assembly to provide by law the procedure for the parole of certain prisoners who are convicted of crimes punishable by life im prisonment or by death; and for other purposes.
Referred to the Committee on Judiciary.
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HR 45-71. By Messrs. Snow, Abney and Hale of the 1st: A Resolution compensating Grady Barfield; and for other purposes.
Referred to the Committee on Appropriations.
HB 72. By Messrs. Bedgood and Matthews of the 29th, Lowrey, Minge and Starnes of the 13th, Story of the 22nd and Smith of the 3rd:
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 of the dealer for collecting, accounting for, and remitting the tax levied by said Act; and for other purposes.
Referred to the Committee on State of Republic.
HR 46-72. By Mr. Spillers of the 37th:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Covington to issue revenue anticipation obliga tions for the purpose of constructing, extending, operating and main taining gas or electric generating and distribution systems; and for other purposes.
Referred to the Committee on Local Affairs.
HR 47-72. By Mr. Thomas of the 77th: A Resolution compensating T. R. Herndon; and for other purposes.
Referred to the Committee on Appropriations.
HR 48-72. By Mr. Thomas of the 77th: A Resolution compensating Lt. T. E. Caldwell; and for other purposes.
Referred to the Committee on Appropriations.
HB 73. By Mr. Spillers of the 37th:
A Bill to be entitled an Act to amend an Act granting a new charter to the City of Covington, so as to clarify certain provisions therein; and for other purposes.
Referred to the Committee on Local Affairs.
HB 74. By Messrs. Dickinson of the 27th, Moore of the 12th, Evensen and Westlake of the 119th, Jordan of the 103rd and Levitas of the 118th:
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 on all 1967 and later model passenger automobiles, station wagons and certain trucks, safety belts on all seats thereof shall be required in order to pass inspection and for an official certificate of inspection and approval to be issued thereon; and for other purposes.
Referred to the Committee on Motor Vehicles.
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93
HB 75. By Messrs. Dickinson of the 27th, Jordan of the 103rd, Evensen, Bean and Westlake of the 119th and Levitas of the 118th:
A Bill to be entitled an Act to amend an Act providing that it shall be unlawful to sell certain automobiles unless they shall be equipped with safety belts and providing a penalty therefor, so as to provide that it shall be unlawful to sell passenger automobiles, station wagons and certain trucks after January 1, 1967 unless the seats therein are equipped with safety belts; and for other purposes.
Referred to the Committee on Motor Vehicles.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 19. By Mr. Fulford of the 67th: A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Terrell County; and for other purposes.
HB 20. By Mr. Fulford of the 67th: A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Lee County, known as the fee system; and for other purposes.
HB 21. By Mr. Fulford of the 67th: A Bill to be entitled an Act to change the terms of the Superior Court of Lee County; and for other purposes.
HB 22. By Mr. Mauldin of the 18th: A Bill to be entitled an Act to abolish the present mode of compen sating the sheriff of Franklin County, known as the fee system; and for other purposes.
HB 23. By Mr. Mauldin of the 18th: A Bill to be entitled an Act to amend an Act incorporating the City of Royston, so as to provide that all members of the Council shall be elected from the city at large, in lieu of by wards; and for other purposes.
HB 24. By Messrs. Lowrey, Minge and Starnes of the 13th: A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the punishment pre scribed for persons convicted of operating a motor vehicle under the influence of intoxicating liquors or narcotic drugs; and for other pur poses.
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HB 25. By Mr. Pickard of the 112th:
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 relating to the cost for blood alcohol tests to determine whether or not a person was operating a motor vehicle while under the influence of intoxicating liquor; and for other purposes.
HB 26. By Mr. Harris of the 118th:
A Bill to be entitled an Act to amend Code Section 30-127, relating to the custody of children in connection with the granting of divorce, so as to repeal the provision that in all divorce cases where the child has reached the age of 14 years, he shall have the right to select the parent with whom he desires to live and such selection shall be controlling unless the parent is determined to be an unfit person to have custody of said child; and for other purposes.
HB 27. By Mr. Harris of the 118th:
A Bill to be entitled an Act to amend the Code of Georgia of 1933, relating to the enforcement of laborer's and materialmen's liens, so as to provide that any lien enforced directly against the property so im proved shall be brought within 12 months from the time such material, services, labor, or supplies were furnished; and for other purposes.
HB 28. By Messrs. Harris of the 118th and Carley of the 117th:
A Bill to be entitled an Act to amend Section 37-607 of the 1933 Code of Georgia, so as to provide that powers of sale and other powers in deeds of trust, mortgages, and other instruments may be exercised by transferees and other parties regardless of whether or not the transfer specifically includes such powers or conveys title to the property de scribed; and for other purposes.
HB 29. By Messrs. Harris of the 118th and Carley of the 117th:
A Bill to be entitled an Act to amend Code Chapter 67-13 of the 1933 Code of Georgia relating to conveyances to secure debt, so as to provide for a new code section to be designated as Code Section 67-1305A; to provide the language to be incorporated in such code section; and for other purposes.
HB 30. By Messrs. Harris of the 118th and Carley of the 117th:
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.
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95
HB 31. By Mr. Jones of the 112th:
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 clarify the provisions relating to the payment of deposits in two names; and for other purposes.
HB 32. By Mr. Jones of the 112th:
A Bill to be entitled an Act to provide that every parent having in cus tody and control over a minor child or children under the age of 17 shall be liable for the wilful and wanton acts of said minor resulting in injury or damage to the person or property, or both, of another; and for other purposes.
HB 33. By Messrs. Harris, Walling, Levitas and Farrar of the 118th:
A Bill to be entitled an Act to amend Code Section 89-9908, relating to the method of indictment of county officers for malpractice in office, so as to strike that portion which gives the defendant the right to bring witnesses before the grand jury and to examine the witnesses of the prosecution; and for other purposes.
HB 34. Messrs. Melton and Gaissert of the 34th: A Bill to be entitled an Act to provide that it shall be unlawful for a person to incite or encourage demonstrations in which the total number of demonstrators shall exceed the total number of law enforcement officers in a municipality or exceed % of the total strength of the Georgia State Patrol in unincorporated areas; and for other purposes.
HB 35. By Mr. McClatchey of the 138th: A Bill to be entitled an Act to provide the manner in which executors, administrators and trustees may satisfy certain bequests and transfers by distribution of assets in kind; and for other purposes.
HB 36. By Messrs. Murphy of the 26th, Matthews of the 29th, Paris of the 23rd and Overby of the 16th: A Bill to be entitled an Act to amend Code Title 27, relating to crimi nal procedure, so as to delete therefrom the requirement that a jury be present in order that an appearance bond or recognizance may be forfeited; and for other purposes.
HB 37. By Messrs. Chandler and Harrington of the 47th, Carr of the 48th, Anderson of the 71st and Marshall of the 39th: 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
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as to strike the provisions relating to the killing of dogs pursuing deer outside a prescribed locality and the freedom from liability therefor; and for other purposes.
HB 38. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Chapter 109A, relating to the Uniform Commercial Code, so as to provide for the specific repeal of certain laws concerning the law of negotiable instruments; and for other purposes.
HB 39. By Messrs. Harris and Farrar of the 118th, McDaniell of the 101st, Simkins of the 106th, Carley of the 117th and Jones of the 112th:
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.
HB 40. By Messrs. Melton and Gaissert of the 34th:
A Bill to be entitled an Act to amend the Charter of the City of Griffin, relating to the Commissioners' salary; and for other purposes.
HB 41. By Messrs. Matthews of the 29th, Rowland of the 48th, Elliott of the 107th, Houston of the 84th and Brinkley of the 112th:
A Bill to be entitled an Act to amend an Act creating the State Board of Workmen's Compensation, so as to change the compensation of the Chairman and the other two members of the board; and for other purposes.
HB 42. By Messrs. Carley, Malone and Palmer of the 117th and Harris of the 118th:
A Bill to be entitled an Act to amend an Act relating to the corporation laws of the State, so as to change the time when advertisements shall appear after the filing of the application or petition for charter; and for other purposes.
HB 43. By Mr. Clarke of the 45th: A Bill to be entitled an Act to create a board of examiners of peace officers; and for other purposes.
HB 44. By Messrs. Clarke of the 45th, Dailey of the 66th, Doster of the 73rd, NeSmith of the 43rd, McDaniell of the 101st and Tucker of the 36th: A Bill to be entitled an Act to abolish the Department of Mines, Mining and Geology; and for other purposes.
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97
HR 20-44. By Messrs. Clarke of the 45th, NeSmith of the 43rd, Blalock of the 33rd, Tucker of the 36th, Spillers of the 37th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create public corporations with the power to issue revenue obligations for the purpose of developing indus trial facilities; and for other purposes.
HR 21-44. By Messrs. Clarke of the 45th, Blalock of the 33rd, Dailey of the 66th, Doster of the 73rd, NeSmith of the 43rd and others:
A Resolution proposing an amendment to the Constitution so as to provide for the classification of certain personal property held as in ventory as a separate class of tangible property; and for other purposes.
HR 22-44. By Messrs. Melton and Gaissert of the 34th: A Resolution compensating Mr. John L. Wynn; and for other purposes.
HR 23-44. By Mr. Lovell of the 6th: A Resolution compensating Mr. Clayton Ramey; and for other purposes.
HR 24-44. By Mr. Jones of the 112th:
A Resolution proposing an amendment to the Constitution so as to pro vide that service at Gracewood State School and Hospital or at any other facility operated by or under the jurisdiction of the State De partment of Public Health shall be applicable service for the repayment of medical loans and scholarships and that such service shall be retro active; and for other purposes.
HR 25-44. By Mr. Lovell of the 6th: A Resolution compensating Mr. Earl O. Senior; and for other purposes.
HR 26-44. By Mr. Lovell of the 6th: A Resolution compensating Mr. Willard York; and for other purposes.
HR 27-44. By Mr. Duncan of the 4th:
A Resolution compensating the Fannin County Agricultural Associ ation, Inc.; and for other purposes.
HR 28-44. By Mr. Carley of the 117th:
A Resolution proposing an amendment to Article VI, Section XI, Para graph I of the Constitution of Georgia, relating to the office and election of solicitors general, so as to provide that each solicitor general shall be elected only by the electors of the circuit for which such solicitor general shall serve; and for other purposes.
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HR 29-44. By Mr. Carley of the 117th:
A Resolution proposing an amendment to Article VI, Section III, Para graph II of the Constitution of Georgia, relating to the office and elec tion of superior court judges, so as to provide that each superior court judge shall be elected only by the electors of the circuit for which such superior court judge shall serve; and for other purposes.
HR 30-44. By Mr. Gaissert of the 34th:
A Resolution to relieve Otis David Hatchett as surety on an appearance bond and to cancel a fi. fa. issued against him; and for other purposes.
HR 31-44. By Messrs. Gaissert and Melton of the 34th:
A Resolution to relieve A. J. Martin as surety on an appearance bond and to cancel a fi. fa. issued against him; and for other purposes.
HB 45. By Messrs. Harris of the 118th, Smith of the 90th, Hale of the 1st and Busbee of the 79th and Lambert of the 38th:
: A Bill to be entitled an Act to authorize and empower the Department of Public Safety to use timing devices and radar equipment to enforce traffic ordinances and laws and safety regulations on the streets, roads, and highways of this State; and for other purposes.
HB 46. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to authorize the State Board of Education, upon agreement of the other State department or agency concerned to provide for the education of children, youth and adults who are under the custody and control of other departments and agencies of this State and located or situated in an institutional or residential facility main tained by such other department or agency; and for other purposes.
HB 47. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
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 a personal exemption of $1200 for each son, stepson, daughter, stepdaughter, or 'ward of the taxpayer if such dependent is a student; and for other purposes.
HB 48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend an Act authorizing the State Personnel Board to provide a Health Insurance Plan for State em ployees, so as to remove the provision excluding coverage of certain dental care; and for other purposes.
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HR 32-48. By Mr. Harris of the 118th and Vaughn of the 117th:
A Resolution proposing an amendment to the Constitution so as to pro vide the periods of State and county residence for persons to be allowed to register and vote; and for other purposes.
HR 33-48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Resolution proposing an amendment to the Constitution of Georgia so as to change provisions relating to debts, additional debt and tempo rary loans that may be incurred by county school districts and area school districts; and for other purposes.
HR 34-48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Resolution proposing an amendment to the Constitution so as to provide a method whereby the manner of electing or appointing mem bers of county boards of education and superintendent of schools may be changed by local or special law and local referendum; to provide for the establishment of area school districts; and for other purposes.
HR 35-48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Resolution proposing an amendment to the Constitution so as to pro vide for local taxation in support and maintenance of education and for increasing or removing tax rates under certain circumstances; and for other purposes.
HR 36-48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated July 9, 1965, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act attributable to the inclusion of the Federal Manufacturer's Excise Tax in the base of said Sales Tax until the next meeting of the General Assembly; and for other purposes.
HR 37-48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 29, 1965, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; and for other purposes.
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HB 49. By Messrs. Fulford of the 67th, Tucker of the 36th, Dailey of the 66th, Bowen of the 69th, Black of the 56th and others:
A Bill to be entitled an Act to amend Code Section 84-1209, defining the practice of osteopathy, so as to redefine the practice of osteopathy; and for other purposes.
HB 50. By Mr. Sweat of the 83rd:
A Bill to be entitled an Act to amend Code Section 27-101, relating to rewards offered by the Governor for the arrest of felons, so as to in crease the reward which may be offered by the Governor in capital felonies; and for other purposes.
HB 51. By Mr. Busbee of the 79th:
A Bill to be entitled an Act to amend an Act providing revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia, so as to change the amount of monthly pension benefits; and for other purposes.
HR 38-51. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated May 31, 1965, suspending the collection of taxes im posed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on certain tangible personal property purchased outside the State of Georgia and subsequently brought into this State as a result of the purchaser becoming domiciled herein until the next meeting of the General Assembly; and for other purposes.
HB 52. By Mr. Richardson of the 116th:
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 as sist in construction of water pollution control projects with or without federal aid and assistance; and for other purposes.
HB 53. By Mr. Richardson of the 116th:
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 54. By Mr. Richardson of the 116th:
A Bill to be entitled an Act to provide for and designate a time line which shall be the line fixing the boundary of territory in which Eastern Standard Time shall prevail in the State of Georgia; and for other purposes.
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HB 55. By Mr. Richardson of the 116th:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the levy of a motor fuel tax and certain exemptions therefrom, so as to eliminate therefrom those provisions, relating to the storage capacity of certain watercraft as they pertain to the exemption of the tax on certain purchases of motor fuel therefor; and for other purposes.
HR 39-55. By Mr. Richardson of the 116th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from taxation of all facilities installed for the primary purpose of reducing air or water pollution; and for other purposes.
HR 40-55. By Mr. Richardson of the 116th:
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.
HR 41-55. By Mr. Richardson of the 116th: A Resolution compensating L. H. Flowers; 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 required constitutional majority the following resolutions of the Senate and House, to-wit:
SR 13. By Senator Miller of the 43rd:
A Resolution requesting the Congress of the United States to enact such legislation as may be necessary to authorize the several states of the Union to retain 10% of the total net Federal individual income taxes collected therein; and for other purposes.
HR 14. By Mr. Hawkins of the 139th:
A Resolution expressing support to the United States government in its Vietnam policy; and for other purposes.
HR 15. By Mr. Hull of the 104th:
A Resolution requesting that members of the armed forces traveling by air to ports of debarkation be given priority in the State of Georgia; and for other purposes.
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The following Resolutions of the House and Senate were read and adopted:
HR 18. By Mr. Byrd of the 28th:
A RESOLUTION
Commending Mr. Carl Towler; and for other purposes.
WHEREAS, on Tuesday, November 23, 1965, Mr. Carl Towler, a school bus driver for Walton County, Georgia, saw smoke and flames coming from the house trailer of Mr. and Mrs. Fred Barrett when he stopped to let their seven year old son off the bus; and
WHEREAS, Mr. Towler rushed into the trailer and rescued the Barretts' three year old twin son; and
WHEREAS, he handed the boy to a high school girl from the bus and ran back into the trailer but found no one; and
WHEREAS, when he came out of the trailer the second time, Mrs. Barrett ran up and started screaming that her children were inside; and
WHEREAS, Mr. Towler reentered the flaming trailer and found the Barretts' 11 month old baby on the bed; and
WHEREAS, Mr. Towler collapsed to the ground, overcome by smoke, after delivering the baby safely outside; and
WHEREAS, the three year old twin girl, Jacqueline Kay Barrett, was later found dead in a middle bedroom; and
WHEREAS, it is the desire of the members of this body to recog nize Mr. Towler for this brave act of heroism.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Mr. Carl Towler who, while completely disregarding his own life and safety, saved the lives of two young children by rescuing them from a flaming house trailer.
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. Carl Towler.
HR 49. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A RESOLUTION
Declaring a vacancy in the House of Representatives; and for other purposes.
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WHEREAS, the House of Representatives passed HR # 19 which provides in part as follows:
"BE IT FURTHER RESOLVED that Representative-Elect Ju lian Bond shall not be allowed to take the oath of office as a mem ber of the House of Representatives and that Representative-Elect Julian Bond shall not be seated as a member of the House of Representatives."
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that a vacancy is hereby declared to exist and does exist in the office of member of the House of Representatives from the 136th Representative District.
BE IT FURTHER RESOLVED that the Clerk of the House is; here by instructed to transmit a copy of this resolution to the Governor and to the Secretary of State.
HR 50. By Mr. Simkins of the 106th:
A RESOLUTION
Relative to the Minority Floor Leader; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that effective January 13, 1966, and for the remainder of the regular 1966 session, the Minority Floor Leader is hereby authorized to appoint one Assistant and one Secretary, each of whom shall receive the same per diem, compensation, expenses and allowances received by members of the General Assembly.
HR 54. By Messrs. Ware of the 42nd and Smith of the 54th:
A RESOLUTION
Creating the Compensation Study Committee; and for other pur poses.
WHEREAS, a committee created at the 1965 session has made a report concerning compensation of legislators; and
WHEREAS, there have been various proposals and comments con cerning compensation of other State officials; and
WHEREAS, the aforesaid committee made a completely impartial study of legislative compensation, and it is felt that the same committee would conduct the same type impartial study of other compensation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee for the
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purpose of conducting an impartial study of the compensation of various State officials. The committee shall consist of the same members of the committee created pursuant to HR 292 of the 1965 session, which committee consisted of a representative from industry, a representative from labor, and one member from each of the following associations: Georgia Municipal Association, Georgia Association of County Com missioners, Georgia Bankers Association, State Chamber of Commerce, Georgia Farm Bureau, Georgia Education Association and the League of Women Voters. The committee shall make a report of its findings and recommendations on or before February 1, 1966. The members of the committee shall receive no per diem, compensation, expenses or allowances for their services.
SR 13. By Senator Miller of the 43rd:
A RESOLUTION
Requesting the Congress of the United States to enact such legisla tion as may be necessary to authorize the several states of the Union to retain 10% of the total net Federal individual income taxes collected therein; and for other purposes.
WHEREAS, the Federal income tax and numerous other taxes levied by the Federal government have not only imposed a heavy burden upon the American taxpayer but, by funneling into the Federal treasury many of the prime potential sources of State revenue, have had a depressing effect upon each of the 50 sovereign states; and
WHEREAS, the Federal government now collects approximately 1 billion dollars annually in individual income taxes in the State of Georgia and collects a proportionate amount from each of the other states; and
WHEREAS, for many years State and local governments have been in a straitened financial condition which constitutes a real emergency and which has been compounded by the impact of Federal taxation; and
WHEREAS, this emergency could be alleviated if the several states were authorized to retain 10% of the total net Federal individual in come taxes collected therein, without curtailing or interfering with any present or future programs of Federal and State functions; and
WHEREAS, since these tax funds are the taxes from the people, this retention is not to be considered a Federal loan or gift or any form of Federal aid nor will the use of these funds be restricted.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do hereby respectfully request the Congress of the United States to enact such legislation as may be necessary to authorize each of the several states to retain 10% of the total net Federal individual income taxes collected therein without any restriction on the use of such funds.
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BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to forward a copy of this resolution to each member of the Congress of the United States from the State of Georgia and to the Governor and Secretary of State of each of the other 49 states.
The Speaker presented Mrs. Bruce Schaefer, Director of Family and Children Services, who addressed the House on the many Federal and State benefits avail able to the citizens of Georgia.
In compliance with House Rule 209 regarding" the Governor's veto, the fol lowing communication was received from His Excellency, Governor Carl E. San ders and read by the Clerk of the House:
STATE OF GEORGIA Executive Department Carl E. Sanders, Governor
Atlanta
April 16, 1965
Honorable George T. Smith Speaker of House of Representatives State Capitol Atlanta, Georgia Dear Mr. Speaker:
Pursuant to the provisions of Article V, Section I, Paragraph XV of the Constitution of Georgia, the following bills enacted at the 1965 Session of the General Assembly of Georgia were vetoed by me for the reasons set forth below:
H. B. 289--By Mr. Blalock of Coweta County, providing 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. This bill was vetoed at the written request of the author and the State Highway Department.
H. B. 62--By Mr. Dean of Polk County, 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. This bill was vetoed upon the request of the author after it was determined that an almost identical bill (H. B. 700) had been passed and signed by the Governor.
H. B. 189--By Mr. Ross of Lincoln County, amending 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 Section 92-4101 through 92-4104; and for other purposes. This bill was vetoed for the reason that the courts have held that such bills are in fact local in nature (City of Cochran
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v. Lanfair, 139 Ga. 249, 259) and after consultation with the author that the hill had not heen advertised as a local bill. Hence, it would not comply with the Georgia Constitution (Article III, Section VII, Para graph XV. Prior to its veto, this hill was discussed at length with the author.
H. B. 370--By Mr. Pickard and others of Muscogee County, amend ing an Act creating the Board of Commissioners of Roads and Revenues of Muscogee County, relating to the election of chairman and vicechairman; and for other purposes. This bill was vetoed for the reason that the same was unconstitutional in that it did not comply with the provisions of the law governing notice of intention to seek local legisla tion as provided by the Georgia Constitution (Article III, Section VII, Paragraph XV) according to existing decisions of the Supreme Court of Georgia. This bill was vetoed after consultation with the author.
H. B. 369--By Mr. Pickard and others of Muscogee County, amend ing an Act entitled "An Act to provide that Muscogee County shall provide for a permanent pension fund for present and future employees, including the City-County Health Department and elective salaried offi cers, etc."; and for other purposes. This bill was vetoed for the reason that the same was unconstitutional in that it did not comply with the provisions of law governing notice of intention to seek local legislation as provided by the Georgia Constitution (Article III, Section VII, Para graph XV) according to existing decisions of the Supreme Court of Georgia. This bill was vetoed after consultation with the author.
H. B. 416--By Mr. Singer of Stewart County, placing the Sheriff of Stewart County on a salary in lieu of a fee system of compensation; and for other purposes. This bill was vetoed for the reason that the same was unconstitutional in that it did not comply with the provisions of law governing notice of intention to seek local legislation as provided by the Georgia Constitution (Article III, Section VII, Paragraph XV) according to existing decisions of the Supreme Court of Georgia. This bill was vetoed after consultation with the author.
H. B. 468--By Mr. Conger of Decatur County, providing for the organization and creation of a nationwide business development corpora tion or corporations; and for other purposes. This bill was vetoed after consultation with the author and upon his request.
H. B. 583--By Mr. Pope and others of Cherokee County and others, amending an Act creating emeritus offices for certain State House offi cials; and for other purposes. This bill was vetoed in view of an opinion of the Attorney General holding that the Act clearly violated both the Federal and the State Constitutions (copy of the Opinion of the Attorney General is attached).
H. B. 664--By Mr. Looper of Dawson County, abolishing the present mode of compensating the sheriff of Dawson County, known as the fee system; and for other purposes. This bill was vetoed for the reason that the same was unconstitutional in that it did not comply with the provisions of law governing notice of intention to seek local legislation as provided by the Georgia Constitution (Article III, Section VII, Para graph XV) according to existing decisions of the Supreme Court of Georgia. This bill was vetoed after consultation with the author.
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H. B. 392--By Mr. Duncan and others of Cobb County, amending 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. This bill was vetoed for the reason that the same was unconstitutional in that it did not comply with the provisions of law governing notice of intention to seek local legislation as provided by the Georgia Constitution (Article III, Section VII, Paragraph XV) according to existing decisions of the Supreme Court of Georgia. This bill was vetoed after consultation with the author.
H. B. 285--By Mr. Dean of Polk County, amending an Act estab lishing a State Employees' Retirement System, so as to change the provisions relating to former employees; and for other purposes. This bill was vetoed at the request of the Board of Trustees of the State Employees' Retirement System. The bill could have adversely affected the actuarial soundness of the System. Prior to its veto, the author of the bill was consulted and the reasons for veto were carefully explained.
H. B. 600--By Mr. Harris of DeKalb County and Mr. Dixon of Ware County, amending 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. This bill was vetoed at the request of the Board of Trustees of the State Employees' Retirement System. The bill could have adversely affected the actuarial soundness of the System. Prior to its veto, the author of the bill was consulted and the reasons for veto were carefully explained.
H. B. 535--By Mr. Matthews and others of Colquitt County and others, amending 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 there of, shall be distinctly painted, marked and lettered; and for other pur poses. This bill was vetoed for the reasons stated in the attached veto message.
If further information is desired with regard to the above, I shall be pleased to furnish it upon request.
With kindest personal regards and best wishes, I am
Sincerely, /s/ Carl E. Sanders
Governor
THE DEPARTMENT OF LAW State of Georgia Atlanta March 26, 1965
Honorable Carl E. Sanders Governor, State of Georgia State Capitol Atlanta, Georgia Dear Governor Sanders:
This is to acknowledge your letter of March 18, 1965, in which you request my official opinion as to whether H. B. 583 which amends the
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Act creating emeritus offices for certain state house officials meets all Constitutional requirements.
House Bill No. 583 by Messrs. Pope of Cherokee and others amends an act approved March 7, 1957 (Ga. L. 1957, p. 206) as amended by an act approved March 6, 1962 (Ga. L. 1962, p. 602). Under the amenda tory act of 1962 the law applied to all Constitutional officers of this State. The 1965 amendatory act limits the application of the law to the State Treasurer, State School Superintendent, Comptroller-General, Secretary of State, Attorney General, Commissioner of Labor, Public Service Commission, and the Commissioner of Agriculture. The 1965 amendatory act eliminates by its terms Justices of the Supreme Court, Judges of the Court of Appeals, Superior Court Judges, and Solicitors General, which were included under the 1957 act as amended by the act of 1962.
The Constitution of Georgia of 1945 provides in Art. I, Sec. I, Par. II, that: "Protection to person and property is the paramount duty of government, and shall be impartial and complete." The Fourteenth Amendment to the Federal Constitution provides in part: ". . . nor shall any State . . . deny to any person within its jurisdiction the equal protection of the laws."
Under the amendatory act of 1965, House Bill No. 583, the law would be applied differently to different Constitutional officers in that the Constitutional officers named would be under the provisions of the 1965 amendment, while the members of the judiciary named and solicitors general would be exempted from its provisions. In all cases where the laws are applied differently to different persons under the same or similar circumstances equal protection of the law is denied. Under many decisions of the Supreme Court of Georgia and the Supreme Court of the United States, the amendatory act of 1965, House Bill 583, is un constitutional and void in that the law is applied differently to different Constitutional officers of this State. In this connection see:
City of Valdosta v. Harris, 156 Ga. 490; Baugh v. City of LaGrange, 161 Ga. 80; Northwestern Mutual Life Ins. Co. v. Suttles, 201 Ga. 84; Moultrie Milk Shed v. City of Cairo, 206 Ga. 348; Frankel v. Cone, 214 Ga. 733, 737 (3); Buchanan v. State, 215 Ga. 791 (1); First National Bank of Atlanta v. State Highway Dept., 219 Ga. 144;
Peterson v. City of Greenville, 373 U. S. 244;
Lombard v. Louisiana, 373 U. S. 267;
Maryland Committee for Fair Representation v. Tawes, Governor, ____U. S. ________, decided June 15, 1964;
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109
Reynolds v. Sims, Vann v. Baggett, Secretary of State of Alabama; McConnell v. Baggett, Secretary of State of Alabama, ______U. S.
__________, decided June 15, 1964.
In my opinion the amendatory act of 1965, House Bill No. 583, clearly and unmistakably violates both the Georgia and Federal Con stitutional provisions cited.
Yours sincerely,
/s/ Eugene Cook The Attorney General
(VETO MESSAGE OF GOVERNOR CARL E. SANDERS)
After the most careful consideration of all aspects and factors in volved, I have decided to veto House Bill 535.
The decision to veto this bill was not made lightly, since its con stitutionality is not questioned. However, there is a very serious ques tion which concerns itself with the preservation of human life, and the effectiveness of the State's highway law enforcement.
As Governor, I concur wholeheartedly with the General Assembly and all other concerned citizens in the expressed intent in the passage of this bill to deter traffic law violations by making the presence of Highway Patrol cars more obvious to the motoring public. It is virtually accepted that the presence of many prominently marked Patrol auto mobiles will deter many motorists from taking dangerous chances.
Yet, experience proves also that many drivers, among whom are usually the most flagrant violators, will abuse the knowledge that all such vehicles must be visible from great distances. Consequently, such motorists will be tempted to drive dangerously when there is no police vehicle clearly in evidence. Thus, feeling safe from arrest, it has been shown that tragically too often they endanger not only their lives and the lives of those riding with them, but also the lives of pedestrians and other motorists as well.
It is my judgment, and one supported by a majority of traffic and safety experts in our State, that to legislatively require all Highway Patrol automobiles to be uniformly marked with a flashing light and two-tone painting would hamstring the Department of Public Safety in its efforts to effectively deal with those motorists who endanger both their own lives and the lives of so many other Georgians.
While House Bill 535, however well intended, likely would prove injurious to the effectiveness of the Highway Patrol, and in turn result in an increase in the already soaring fatality rate in our highway system, I must say that the principle embodied in this measure is one with which I personally agree.
Therefore, I have today directed the Director of the Department of Public Safety to forthwith have those Patrol vehicles to be used on
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any and all Interstate Highways marked as indicated in the bill. Certain other vehicles utilized on other highways will continue to operate with a lettered vehicle as the only means of identification.
This recommendation is in keeping with the spirit of the proposal of the Georgia Legislative Traffic Safety Committee in a report to the General Assembly dated December, 1964, and in line with a vast ma jority of study findings and recommendations of similar groups through out the Nation. By so doing, I am confident that the best interest of all concerned, the General Assembly, the Highway Patrol, and most of all, the motorists who drive nearly 2-million vehicles over the 87,346 miles of patroled Georgia roads, will be properly served.
Carl E. Sanders
Mr. Blalock of the 33rd District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Bills of the House, and has instructed me as Chairman to report the same back to the House with the following recommendations:
HB 1. Do Pass.
HB 2. Do Pass, by Substitute.
Respectfully submitted, Blalock of 33rd District, Chairman.
The following Resolution of the House was read and referred to the Com mittee on Rules:
HR 53. By Mr. Grier of the 132nd:
A RESOLUTION
Creating a committee to study the subject of crime among juveniles; and for other purposes.
WHEREAS, the rate of increase of crimes committed by juveniles has been considerably higher than the rate of increase of crimes com mitted by others; and
WHEREAS, this tendency toward crime among the teen-agers of this State creates a problem which is of the utmost concern to the mem bers of this body and to all law-abiding citizens of this State; and
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WHEREAS, it is imperative that ways and means should be found to alleviate this situation so that our young boys and girls will turn to the higher moral values of life.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to study the subject of crime among juveniles, to be composed of five members of the House, to be appointed by the Speaker. The committee is hereby authorized to study all aspects of the subject, including laws relative thereto and the administration of such laws. It is authorized to seek advice and counsel from experts and other persons knowledgeable in this field and, if deemed advisable, the committee is authorized to hold public hearings. 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 fifteen days. The committee shall make a report of its findings and recommendations on or before December 1, 1966, on which date the committee shall stand abolished. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to and available to the legislative branch of the Govern ment.
Mr. Busbee of the 79th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia Friday, January 14, 1966
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. J. D. Grier, Jr., Representative from the 132nd District and Pastor of the Fort Street Memorial Methodist Church, Atlanta, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Johnson of the 40th 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 of the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 76. By Messrs. Harris of the 118th, Smith of the 90th, Busbee of the 79th and Hale of the 1st:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities of this State for the purpose of
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aiding in the construction and maintenance of streets, so as to provide for the submission of an annual audit from each such municipality to the State Auditor; and for other purposes.
Referred to the Committee on State of Republic.
HB 77. By Messrs. Harris of the 118th, Smith of the 90th, Busbee of the 79th and Hale of the 1st.
A Bill to be entitled an Act to amend Code Section 92-1404, relating to the distribution of funds to counties for the construction and mainte nance of public roads, so as to provide for the submission of an annual audit from each county to the State Auditor; and for other purposss.
Referred to the Committee on State of Republic.
HB 78. By Mr. Hill of the 121st:
A Bill to be entitled an Act to amend Code Title 23, relating to counties and the government thereof, so as to provide that notwithstanding the provisions of any other laws to the contrary in all counties of the State having a population of 500,000 or more, the governing authority of any such county shall have authority to establish and maintain a county police department; and for other purposes.
Referred to the Committee on Local Affairs.
HB 79. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Chapter 27-25, relating to criminal sentences, so as to provide that in all jury trials the jury shall determine only guilt or innocence of the accused; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 80. By Mr. Wells of the 30th: A Bill to be entitled an Act to fix the terms of the Superior Court of Oglethorpe County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 81. By Mr. Alexander of the 133rd:
A Bill to be entitled an Act to provide the procedure for findings as to whether certain convicted persons are "dangerous offenders"; and for other purposes.
Referred to the Committee on Judiciary.
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HB 82. By Mr. Alexander of the 133rd:
A Bill to be entitled an Act to provide for investigation of persons convicted of crimes, the sentence for which may include commitment for more than five years or which are classified as "sex crimes" as that term is defined herein; and for other purposes.
Referred to the Committee on Judiciary.
HB 83. By Mr. Alexander of the 133rd:
A Bill to be entitled an Act to provide that certain persons accused of crimes, with their consent, be put on probation after the finding but before an adjudication of their guilt; and for other purposes.
Referred to the Committee on Judiciary.
HB 84. By Mr. Hill of the 121st:
A Bill to be entitled an Act to provide that notwithstanding the pro visions of any other laws, in all counties of the State having a popula tion of 500,000, and municipalities of 300,000, no local governing body, by whatever name called, authorized to hear matters relative to zoning and planning, shall make any decision or take any action, which in any way affects planning and zoning or any matters related thereto until certain conditions have been complied to; and for other purposes.
Referred to the Committee on Local Affairs.
HB 85. By Mr. Jones of the 112th: A Bill to be entitled an Act to regulate charges and interest on loans secured by secondary mortgages on certain residential property subject to a prior lien or mortgage; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 86. By Messrs. Cook of the 123rd, Carnes of the 129th, Dillon of the 128th, Brown of the 120th and others: 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; and for other purposes.
Referred to the Committee on Local Affairs.
HB 87. By Mr. Johnson of the 40th: A Bill to be entitled an Act to amend an Act entitled "An Act to incorporate the town of Bearing, in McDuffie County", so as to in crease the term of office of the mayor and councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
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115
HB 88. By Mr. Johnson of the 40th:
A Bill to be entitled an Act to amend an Act amending, consolidating and superseding previous acts relating to the incorporation of the City of Thomson, so as to change the procedure for the sale of property be longing to the City; and for other purposes.
Referred to the Committee on Local Affairs.
HR 51-88. By Mr. Wells of the 30th:
A Resolution compensating Mr. Jack W. Fambrough; and for other purposes.
Referred to the Committee on Appropriations.
HR 52-88. By Mr. Wells of the 30th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the election of the members of the Board of Education of Oglethorpe County by the people; and for other purposes.
Referred to the Committee on Local Affairs.
HB 89. By Messrs. Matthews and Newton of the 94th:
A Bill to be entitled an Act to amend an Act to the legislature relative to Colquitt County compensation of sheriff, so as to change the com pensation of the sheriff of Colquitt County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 55-89. By Mr. Longino of the 122nd: A Resolution compensating Mr. J. Frank Lee; and for other purposes.
Referred to the Committee on Appropriations.
HB 90. By Messrs. Johnson of the 40th, Minge and Starnes of the 13th, Williams of the 16th, Matthews of the 29th and others: A Bill to be entitled an Act to repeal Code Section 68-703, relating to the maximum permissible speed for certain vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 91. By Messrs. Richardson of the 116th, Powers of the 113th, Gaynor of the 114th, Kiley of the 115th, Gignilliat of the 113th, Smith of the 114th and Tye of the 115th, Drew and Funk of the 116th: A Bill to be entitled an Act to amend an Act revising and consolidating the several Acts relating to and incorporating the Town of Warsaw
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in Chatham Co., and changing name to the Town of Thunderbolt, re lating to municipal elections and polls, and for other purposes.
Referred to the Committee on Local Affairs.
HR 56-91. By Mr. Carr of the 48th: A Resolution to compensate the Washington County Sweet Potato As sociation; and for other purposes.
Referred to the Committee on Appropriations.
HB 92. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
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 of 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.
HB 93. By Mr. Lea of the 126th:
A Bill to be entitled an Act to amend an Act to incorporate the City of Hapeville; to extend the city limits of Hapeville; to give said City of Hapeville jurisdiction beyond the corporate limits and for other purposes.
Referred to the Committee on Local Affairs.
HB 94. By Mr. Games of the 129th:
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 provide the compensation of the First Assistant Solicitor-General and Trial As sistant, and for other purposes.
Referred to the Committee on Local Affairs.
HB 95. By Mr. Carnes of the 129th:
A Bill to be entitled an Act to amend an Act authorizing the Commis sioners of Roads and Revenues of Pulton County to provide group in surance for all regular county employees, so as to change the provisions relative to the payment of premiums, and for other purposes.
Referred to the Committee on Local Affairs.
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117
HB 96. By Messrs. Busbee of the 79th, Smith of the 90th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend an Act relating to items not de ductible for income tax purposes, so as to provide that any property used as gambling devices or for violating the gambling laws of this State shall not be allowed to be depreciated in computing business de ductions, and for other purposes.
Referred to the Committee on State of Republic.
HB 97. By Mr. Busbee of the 79th:
A Bill to be entitled an Act to amend an Act which comprehensively revised, superseded, and modernized appellate and other post-trial procedure in civil and criminal cases, so as to clarify the provisions relating to the fee which the superior court clerk shall receive from the State Law Department for furnishing an exact copy of the record or appeal in capital felony cases; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 57-97. By Messrs. Busbee of the 79th; Smith of the 90th; Hale of the 1st; and Harris of the 118th.
A Resolution ratifying a proposed amendment to the Constitution of the United States relating to succession to the Presidency and VicePresidency; and for other purposes.
Referred to the Committee on State of Republic.
HR 58-97. By Mr. Games of the 129th: A Resolution proposing an amendment to Article XI of the Constitution of the State of Georgia, so as to authorize the Commissioners of Roads and Revenues of Fulton County to regulate business in unincorporated areas of said county; and for other purposes.
Referred to the Committee on Local Affairs.
HR 59-97. By Mr. Carnes of the 129th: A Resolution proposing an amendment to Article XI of the Constitution of the State of Georgia, so as to authorize the Commissioners of Roads and Revenues of Fulton County to operate sanitary landfills within the unincorporated areas of said county, and for other purposes.
Referred to the Committee on Local Affairs.
HB 98. By Messrs. Busbee of the 79th and Harris of the 118th: A Bill to be entitled an Act to create the Georgia Youth Council, and for other purposes.
Referred to the Committee on Welfare.
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HB 99. By Mr. Hawkins of the 139th:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Alpharetta, by providing for the number of Council members to be elected to the City Council of said Alpharetta, and for other purposes.
Referred to the Committee on Local Affairs.
HR 60-99. By Mr. Carnes of the 129th:
A Resolution proposing an amendment to the Constitution so as to au thorize the Commissioners of Roads and Revenues of Fulton County to conduct Recreational activities in certain cities, 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 42-55. By Mr. Johnson of the 25th:
A Resolution proposing an amendment to the Constitution so as to create the Elbert County Development Authority; and for other purposes.
HB 56. By Messrs. Bean, Evensen, Westlake and Higginbotham of the 119th:
A Bill to be entitled an Act to amend Code Section 92-64021, relating to the requirement that taxes be paid to that county in which the property taxed is required to be returned for taxation, as amended, so as to change the procedure for the payment of taxes which are due in certain counties; and for other purposes.
HB 57. By Mr. Spillers of the 37th:
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 provide for additional deputies; and for other purposes.
HB 58. By Messrs. Savage of the 58th, Williams of the 82nd, Peterson of the 59th, Holder of the 70th, Ross of the 31st, Watkins of the 9th, and Rainey of the 65th:
A Bill to be entitled an Act to amend Code Title 34, relating to elections, so as to provide for the filing of disqualification lists with the registrars and the Attorney General; and for other purposes.
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119
HB 59. By Mr. NeSmith of the 43rd:
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 60. By Messrs. Watkins of the 9th, Savage of the 58th and Holder of the 70th:
A Bill to be entitled an Act to authorize sterilization of certain individ uals by doctors of medicine; and for other purposes.
HB 61. By Mr. Watkins of the 9th:
A Bill to be entitled an Act to amend an Act creating a County Com missioner of Roads and Revenues and an Advisory Board of Gilmer County, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes.
HB 62. By Mr. Watkins of the 9th:
A Bill to be entitled an Act to amend an Act creating the Office of Commissioner of Roads and Revenues of Pickens County, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes.
HB 63. By Mr. Watkins of the 9th:
A Bill to be entitled an Act to amend an Act prohibiting the throwing or depositing of trash, garbage, or other substance upon the public roads or public property of this State, so as to change the penalty for throwing or depositing trash, garbage, or other substance upon the public roads or public property of this State; and for other purposes.
HB 64. By Mr. Watkins of the 9th:
A Bill to be entitled an Act to abolish the present method of com pensating the sheriff of Gilmer County, known as the fee system; and for other purposes.
HB 65. By Mr. Watkins of the 9th: A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Pickens County, known as the fee system; and for other purposes.
HB 66. By Messrs. Starnes and Minge of the 13th, Johnson of the 40th, Moore of the 20th and Lowrey of the 13th:
A Bill to be entitled an Act to provide that in all criminal cases punishable by life imprisonment or death, the jury shall be required to make certain recommendations, which shall be binding on the court, upon finding the defendant guilty; and for other purposes.
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HB 67. By Mr. Dorminy of the 72nd:
A Bill to be entitled an Act to amend an Act amending and revising the Charter for the City of Fitzgerald; and for other purposes.
HB 68. By Messrs. Steis of the 100th, Jones of the 76th, Minge and Starnes of the 13th, Fulford of the 67th and others:
A Bill to be entitled an Act to amend an Act relating to Supreme Court and Judges of Court of Appeals, so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; and for other purposes.
HB 69. By Mr. Rush of the 75th:
A Bill to be entitled an Act to amend an Act creating a board of commissioners of roads and revenues for the County of Tattnall, so as to change the compensation of the commissioner; and for other purposes.
HB 70. By Mr. Rush of the 75th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of Superior Court of Tattnall County, known as the fee system; and for other purposes.
HB 71. By Mr. Rush of the 75th: A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Tattnall County, known as the fee system; and for other purposes.
HR 43-71. By Mr. Rush of the 75th: A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for the election of the members of the Board of Education of Tattnall County; and for other purposes.
HR 44-71. By Messrs. Starnes, Minge and Lowrey of the 13th and Moore of the 20th: A Resolution proposing an amendment to the Constitution to authorize the General Assembly to provide by law the procedure for the parole of certain prisoners who are convicted of crimes punishable by life im prisonment or by death; and for other purposes.
HR 45-71. By Messrs. Snow, Abney and Hale of the 1st: A Resolution compensating Grady Barfield; and for other purposes.
FRIDAY, JANUARY 14, 1966
121
HB 72. By Messrs. Bedgood and Matthews of the 29th, Lowrey, Minge and Starnes of the 13th, Story of the 22nd and Smith of the 3rd:
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 of the dealer for collecting, accounting for, and re mitting the tax levied by said Act; and for other purposes.
HR 46-72. By Mr. Spillers of the 37th:
A Resolution proposing an amendment to the Constitution so as to au thorize the City of Covington to issue revenue anticipation obligations for the purpose of constructing, extending, operating and maintaining gas or electric generating and distribution systems; and for other purposes.
HR 47-72. By Mr. Thomas of the 77th: A Resolution compensating T. R. Herndon; and for other purposes.
HR 48-72. By Mr. Thomas of the 77th: A Resolution compensating Lt. T. E. Caldwell; and for other purposes.
HB 73. By Mr. Spillers of the 37th:
A Bill to be entitled an Act to amend an Act granting a new charter to the City of Covington, so as to clarify certain provisions therein; and for other purposes.
HB 74. By Messrs. Dickinson of the 27th, Moore of the 12th, Evensen and Westlake of the 119th, Jordan of the 103rd and Levitas of the 118th:
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 on all 1967 and later model passenger automobiles, station wagons and certain trucks, safety belts on all seats thereof shall be required in order to pass inspection and for an official certificate of inspection and approval to be issued thereon; and for other purposes.
HB 75. By Messrs. Dickinson of the 27th, Jordan of the 103rd, Evensen, Bean and Westlake of the 119th and Levitas of the 118th:
A Bill to be entitled an Act to amend an Act providing that it shall be unlawful to sell certain automobiles unless they shall be equipped with safety belts and providing a penalty therefor, so as to provide that it shall be unlawful to sell passenger automobiles, station wagons and certain trucks after January 1, 1967 unless the seats therein are equipped with safety belts; and for other purposes.
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The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the House, to-wit:
HR 16. By Mr. Smith of the 90th:
A Resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing addresses by Senator Richard B. Russell and Senator Herman E. Talmadge; and for other purposes.
Mr. Harris of the 118th moved that the House do now adjourn until 10:00 o'clock, Monday morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, Monday morning.
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123
Representative Hall, Atlanta, Georgia Monday, January 17, 1966
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. Vernard E. Robertson, Pastor First Methodist Church, Americus, Georgia:
"Eternal God our Father, whose goodness is new each morning and fresh each evening, we pause e're we begin the duties of this day to ask for the leadership and guidance of Thy Holy Spirit. Bless these good men as they seek to find the best answers to the legislative matters that confront them in this assembly. Help them to weigh all the values involved and to have clear perspective. May they hold fast to the prin ciples of love, mercy, justice and understanding. Grant them the wisdom to make the right decision, the faith to believe in it, and the strength to carry it through.
We pray in the Name of Jesus our Lord. Amen".
The roll was called and the following Representatives answered to their names:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant
Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Collins, J. F. Colwell Conger Conner Cook Cox Crowe Dailey Daugherty Da vis Dean DeLong Dickinson Dillon Dixon
Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge Farrar Floyd Fulford Gaissert Gary Gaynor Gignilliat Grier Had away Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R.
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JOURNAL OP THE HOUSE,
Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Houston Howard Howell Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C.
Mathews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Reaves Reid Richardson Roach Ross Rowland Rush Russell Savage Sherman Shields
Sims Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bond Clarke, H. G. Clark, J. T. Collins, M. Evensen Fleming
Funk Grahl Harris, R. W. Hull Land Newton, D. L.
Rainey Smith, A. B. Townsend Mr. Speaker
Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
MONDAY, JANUARY 17, 1966
125
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 100. By Mr. Lea of the 126th: A Bill to be entitled an Act to amend an Act to incorporate the City of Hapeville, so as to eliminate the benefits to a surviving spouse, and for other purposes.
Referred to the Committee on Local Affairs.
HB 101. By Messrs. Levitas of the 118th, Etheridge of the 123rd and McClatchey of the 138th: A Bill to be entitled an Act to amend an Act relating to the chartering of corporations, relating to classes of stock and stockholders, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 102. By Messrs. Levitas of the 118th, Etheridge of the 123rd and McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act relating to the chartering of corporations, so as to eliminate the requirement that no shares of stock shall be convertible into shares of another class having a superior preference right as to dividends or as to assets upon liquidation and distribution; and for other purposes.
Referred to the Committee on Special Judiciary.
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JOURNAL OF THE HOUSE,
HB 103. By Messrs. Levitas of the 118th, Etheridge of the 123rd and McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act relating to the chartering of corporations, so as to authorize the creation and issuance of rights or options entitling the holders thereof to purchase from the corporation any shares of its capital stock of any class on such terms, at such time or times and at such price or prices as shall be determined by the Board of Directors unless otherwise so provided in the charter, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 104. By Messrs. Levitas of the 118th, Etheridge of the 123rd and McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act relating to the chartering of corporations, relating to classes of stock and stockholders; to eliminate the requirement that no shares of stock shall be convertible into shares of another certain class; to authorize the creation and issuance of rights or options entitling the holders thereof to purchase from the corporation any shares of its capital stock of any class, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 105. By Mrs. Hamilton of the 137th; Messrs. Gates of the 123rd and Adams of the 125th:
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 project; and for other purposes.
Referred to the Committee on Judiciary.
HB 106. By Mr. Egan of the 141st:
A Bill to be entitled an Act to amend Code Section 113-602, relating to the probate of a will in solemn form, as amended, so as to provide that the probate of a will in solemn form shall be conclusive as to heirs at law not effectively notified; 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 76. By Messrs. Harris of the 118th, Smith of the 90th, Busbee of the 79th and Hale of the 1st:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities of this State for the purpose of
MONDAY, JANUARY 17, 1966
127
aiding in the construction and maintenance of streets, so as to provide for the submission of an annual audit from each such municipality to the State Auditor; and for other purposes.
HB 77. By Messrs. Harris of the 118th, Smith of the 90th, Busbee of the 79th and Hale of the 1st:
A Bill to be entitled an Act to amend Code Section 92-1404, relating to the distribution of funds to counties for the construction and mainte nance of public roads, so as to provide for the submission of an annual audit from each county to the State Auditor; and for other purposes.
HB 78. By Mr. Hill of the 121st: A Bill to be entitled an Act to amend Code Title 23, relating to counties and the government thereof, so as to provide that notwithstanding the provisions of any other laws to the contrary in all counties of the State having a population of 500,000 or more, the governing authority of any such county shall have authority to establish and maintain a county police department; and for other purposes.
HB 79. By Mr. McClatchey of the 138th: A Bill to be entitled an Act to amend Code Chapter 27-25, relating to criminal sentences, so as to provide that in all jury trials the jury shall determine only guilt or innocence of the accused; and for other purposes.
HB 80. By Mr. Wells of the 30th: A Bill to be entitled an Act to fix the terms of the Superior Court of Oglethorpe County; and for other purposes.
HB 81. By Mr. Alexander of the 133rd: A Bill to be entitled an Act to provide the procedure for findings as to whether certain convicted persons are "dangerous offenders"; and for other purposes.
HB 82. By Mr. Alexander of the 133rd: A Bill to be entitled an Act to provide for investigation of persons convicted of crimes, the sentence for which may include commitment for more than five years or which are classified as "sex crimes" as that term is defined herein; and for other purposes.
HB 83. By Mr. Alexander of the 133rd: A Bill to be entitled an Act to provide that certain persons accused of crimes, with their consent, be put on probation after the finding but before an adjudication of their guilt; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 84. By Mr. Hill of the 121st:
A Bill to be entitled an Act to provide that notwithstanding the pro visions of any other laws, in all counties of the State having a popula tion of 500,000, and municipalities of 300,000, nol local governing body, by whatever name called, authorized to hear matters relative to zoning and planning, shall make any decision or take any action, which in any way affects planning and zoning or any matters related thereto until certain conditions have been complied to; and for other purposes.
HB 85. By Mr. Jones of the 112th:
A Bill to be entitled an Act to regulate charges and interest on loans secured by secondary mortgages on certain residential property subject to a prior lien or mortgage; and for other purposes.
HB 86. By Messrs. Cook of the 123rd, Games of the 129th, Dillon of the 128th, Brown of the 120th and others: 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; and for other purposes.
HB 87. By Mr. Johnson of the 40th: A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the town of Bearing, in McDuffie County", so as to increase the term of office of the mayor and councilmen; and for other purposes.
HB 88. By Mr. Johnson of the 40th:
A Bill to be entitled an Act to amend an Act amending, consolidating and superseding previous acts relating to the incorporation of the City of Thomson, so as to change the procedure for the sale of property belonging to the City; and for other purposes.
HR 51-88. By Mr. Wells of the 30th:
A Resolution compensating Mr. Jack W. Fambrough; and for other purposes.
HR 52-88. By Mr. Wells of the 30th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for the election of the members of the Board of Education of Oglethorpe County by the people; and for other purposes.
MONDAY, JANUARY 17, 1966
129
HB 89. By Messrs. Matthews and Newton of the 94th:
A Bill to be entitled an Act to amend an Act to the legislature relative to Colquitt County compensation of sheriff, so as to change the com pensation of the sheriff of Colquitt County; and for other purposes.
HR 55-89. By Mr. Longino of the 122nd: A Resolution compensating Mr. J. Prank Lee; and for other purposes.
HB 90. By Messrs. Johnson of the 40th, Minge and Starnes of the 13th, Williams of the 16th, Matthews of the 29th and others:
A Bill to be entitled an Act to repeal Code Section 68-703, relating to the maximum permissible speed for certain vehicles; and for other purposes.
HB 91. By Messrs. Richardson of the 116th, Powers of the 113th, Gaynor of the 114th, Kiley of the 115th, Gignilliat of the 113th, Smith of the 114th and Tye of the 115th, Drew and Funk of the 116th:
A Bill to be entitled an Act to amend an Act revising and consolidating the several Acts relating to and incorporating the Town of Warsaw in Chatham Co., and changing name to the Town of Thunderbolt, relating to municipal elections and polls, and for other purposes.
HR 56-91. By Mr. Carr of the 48th:
A Resolution to compensate the Washington County Sweet Potato As sociation; and for other purposes.
HB 92. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
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 of the dealer for collecting, accounting for, and remitting the tax levied by said Act, and for other purposes.
HB 93. By Mr. Lea of the 126th:
A Bill to be entitled an Act to amend an Act to incorporate the City of Hapeville; to extend the city limits of Hapeville; to give said City of Hapeville jurisdiction beyond the corporate limits and for other purposes.
ISO
JOURNAL OF THE HOUSE,
HB 94. By Mr. Games of the 129th:
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 provide the compensation of the First Assistant Solicitor-General and Trial Assistant, and for other purposes.
HB 95. By Mr. Carnes of the 129th:
A Bill to be entitled an Act to amend an Act authorizing the Com missioners of Roads and Revenues of Fulton County to provide group insurance for all regular county employees, so as to change the provi sions relative to the payment of premiums, and for other purposes.
HB 96. By Messrs. Busbee of the 79th, Smith of the 90th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend an Act relating to items not
deductible for income tax purposes, so as to provide that any property
:
used as gambling devices or for violating the gambling laws of this
State shall not be allowed to be depreciated in computing business de
ductions, and for other purposes.
HB 97. By Mr. Busbee of the 79th:
A Bill to be entitled an Act to amend an Act which comprehensively revised, superseded, and modernized appellate and other post-trial pro cedure in civil and criminal cases, so as to clarify the provisions re lating to the fee which the superior court clerk shall receive from the State Law Department for furnishing an exact copy of the record or appeal in capital felony cases; and for other purposes.
HR 57-97. By Messrs. Busbee of the 79th; Smith of the 90th; Hale of the 1st; and Harris of the 118th:
A Resolution ratifying a proposed amendment to the Constitution of the United States relating to succession to the Presidency and VicePresidency; and for other purposes.
HR 58-97. By Mr. Carnes of the 129th:
A Resolution proposing an amendment to Article XI of the Constitution of the State of Georgia, so as to authorize the Commissioners of Roads and Revenues of Fulton County to regulate business in unincorporated areas of said county; and for other purposes.
MONDAY, JANUARY 17, 1966
131
HR 59-97. By Mr. Games of the 129th:
A Resolution proposing an amendment to Article XI of the Constitution of the State of Georgia, so as to authorize the Commissioners of Roads and Revenues of Fulton County to operate sanitary landfills within the unincorporated areas of said county, and for other purposes.
HB 98. By Messrs. Busbee of the 79th and Harris of the 118th:
A Bill to be entitled an Act to create the Georgia Youth Council, and for other purposes.
HB 99. By Mr. Hawkins of the 139th:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Alpharetta, by providing for the number of Council members to be elected to the City Council of said Alpharetta, and for other purposes.
HR 60-99. By Mr. Carnes of the 129th:
A Resolution proposing an amendment to the Constitution so as to authorize the Commissioners of Roads and Revenues of Fulton County to conduct Recreational activities in certain cities, and for other pur poses.
The following Resolutions of the Housa were read and adopted:
HR 65. By Messrs. Brown of the 135th, Etheridge of the 123rd and Hood of the 124th:
A RESOLUTION
Extending sincerest congratulations to Dr. James Philip Brawley; and for other purposes.
WHEREAS, Dr. James P. Brawley retired on July 1, 1964, as President of Clark College and is now President Emeritus of Clark College; and
WHEREAS, Dr. Brawley's education, experience, activities and many honors are as follows:
Education
Ph.D.--Northwestern University, 1941; M.A.--Northwestern, 1925; B.A.--Samuel Houston College, 1920; Field--Religious Education. Studied at University of Chicago--field of higher education several quarters.
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JOURNAL OF THE HOUSE,
Honorary Degrees
Doctor of Science in Education, conferred by Samuel Houston Col lege, 1941; Doctor of Laws, conferred by Illinois Wesleyan University, 1958; Doctor of Humane Letters, conferred by Clark College, 1964.
Experience
Taught one year at Rust College, Holly Springs, Mississippi, 192223; became a member of Clark College Faculty in September 1925 and became Dean of Clark College in 1926, which position was held fifteen years during which time served in many other capacities of distinction. Some of these were: member of Survey Committee, 1931, which studied eighteen colleges and schools for Negroes of the Methodist (Episcopal) Church and the Colored Methodist Episcopal Church; Educational Ad visor to Negro Colleges under supervision of the Board of Education of The Methodist Church, assisted the Secretary of the Department of Negro Education, Board of Education; Treasurer, Vice-President, and President of the National Association of Collegiate Deans and Registrars in Negro Schools for nine years; in 1940-41 served as Ad ministrative Dean or Acting President of Clark College; and was elected President of Clark College, March 19, 1941, which position was held until retirement.
Other Activities
Honored as alumnus of the year and received Merit Award from the Alumni Association, Northwestern University, 1959; active in local community activities; member of The Methodist Church and active in its committees; delegate to Methodist Ecumenical Conference, 1947, 1951; delegate to General Conference of The Methodist Church, 1948, 1952, 1956, 1960, 1964; delegate ttTJurisdictional Conference, 1948, 1952, 1956, 1960, and 1964. Member and Secretary of the General Conference Com mission, 1948-1952; member and Secretary of the of Board of Social and Economic Relations of The Methodist Church, 1952-1960; Secretary of the Division of Human Relations and Economic Affairs, 1960; member of the Executive Committee of the Board of Christian Social Concerns, 1960; Vice-Chairman of The Commission on Inter-Jurisdictional Rela tions of The Methodist Church, 1960; member of the Commission to Study Jurisdictional System, of The Methodist Church, 1956-60; member of Board of Directors of the United Negro College Fund (Secretary, 1952-55) ; member, University Senate of The Methodist Church; mem ber, General Board, Division of Christian Life and Work, National Council of Churches of Christ; member of: Department of Higher Education, National Education Association; Sigma Pi Phi Fraternity; Alpha Phi Alpha Fraternity.
Listed In
WHO'S WHO IN AMERICA, WHO'S WHO IN AMERICAN ED UCATION, WHO'S WHO IN METHODISM, and WHO'S WHO IN THE SOUTH AND SOUTHWEST; and
WHEREAS, Dr. Brawley is one of the truly outstanding educators of his time and is a person of the highest ideals and character.
MONDAY, JANUARY 17, 1966
133
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincerest congratulations are hereby extended to Dr. James Philip Brawley, President Emeritus of Clark College, and he is hereby commended for his many contributions to education and religion.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this resolu tion to Dr. Brawley.
HR 66. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th, Harris of the 118th and Smith of the 54th:
A RESOLUTION
Relative to participation by the Attorney General in the case of Bond vs. Floyd, et al.; and for other purposes.
WHEREAS, the House of Representatives passed House Resolution No. 19, by which action the House refused to seat Julian Bond of the 136th Representative District, and House Resolution No. 49 which de clared a vacancy in the office of member of the House of Representatives from the aforesaid district; and
WHEREAS, Julian Bond and others have filed suit in the United States District Court for the Northern District of Georgia, Atlanta Division (Civil Action No. 9895) against members of the House of Representatives, officials of the House of Representatives, and the Secretary of State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Attorney General is hereby requested to act as counsel for the House of Representatives and the members and officials thereof designated as defendants in the aforesaid action.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Governor, the Attorney General, and Secretary of State.
HR 67. By Mr. Higginbotham of the 119th:
A RESOLUTION
Commending and congratulating the 1965 Glenwood Hills American Little League Baseball team; and for other purposes.
WHEREAS, the 1965 Glenwood Hills American Little League Base ball team won second place in the Southern Regional tournament held in Norfolk, Virginia by winning one game and losing one game; and
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WHEREAS, the team won the Southern Regional Division III tournament held in Athens, Georgia by winning two games; and
WHEREAS, this was the first Georgia team to ever win this tournament; and
WHEREAS, the team also won the Georgia State tournament held in Griffin, Georgia by winning three games and the Georgia District 3 tournament held at Belvedere Park in Decatur, Georgia by winning four games; and
WHEREAS, the 1965 Glenwood Hills American Little League Base ball team was composed of the following team members:
Steve Caylor David Doi Jeff Nalley Kerry Skeen Don Wilson
Gary Cox Richard Flowers Alien Newsome Dee Vlass Jimmy Wright
Donnie Davis Gary McGinnis Johnny Prince Tony Wade
WHEREAS, this team established a reputation for battling down to the last inning every game, never admitting defeat or accepting victory until the last man was out; and
WHEREAS, the most notable factor contributing to their out standing success was the display of superior team work on the part of all members of the team; and
WHEREAS, the 1965 Glenwood Hills American Little League Baseball team did by their remarkable ability, wonderful sportsmanship and excellent conduct reflect honor and great credit upon their manager, Mr. Minor J. (Buddy) Ward, their coach, Mr. Alien Wilson, their parents and the citizens of their entire community.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the 1965 Glenwood Hills American Little League Baseball team for their outstanding record of achievement and sincerest con gratulations are hereby conferred on all of the members of the team for the name they have made for themselves, their community and their State.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to furnish appro priate copies of this resolution to Honorable Joe S. Higginbotham, Rep resentative District 119-Post 4, in sufficient quantity to be personally presented to the persons named in this resolution.
The following Resolutions of the House were read and referred to the Com mittee on Rules:
MONDAY, JANUARY 17, 1966
135
HE 68. By Messrs. Brown of the 135th and Hood of the 124th:
A RESOLUTION
Creating a committee to study the business of industrial loans; and for other purposes.
WHEREAS, the business of small loans affects tens of thousands of persons, most of whom are in the lower income bracket; and
WHEREAS, oftentimes, unscrupulous small loan operators prey upon unfortunate persons who become victims of the "small loan racket"; and
WHEREAS, it is the duty and responsibility of tha State to pro tect such persons and it is the duty and responsibility of the General Assembly of Georgia to be informed of existing conditions in the in dustrial loan field so that members may cast votes on pertinent legisla tion more intelligently.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Industrial Loan Study Committee, to be composed of five members of the House of Representatives to be appointed by the Speaker, for the purpose of studying the small loan business, the Georgia Industrial Loan Act, and all other matters relative thereto. The members of the committee 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 fifteen days. The committee shall make a report of its findings and recommendations on or before De cember 1, 1966, on which date the committee shall stand abolished. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to and available to the legislative branch of government.
HR 74. By Messrs. Hull of the 104th and Caldwell of the 51st:
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 eight 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 hear ings and to study all matters relative to the aforesaid purposes. The committee is authorized to employ not more than three 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
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JOURNAL OF THE HOUSE,
authorized to employ a clerical assistant who shall assist the committee in its study. The members of the committee shall receive the compensa tion, per diem, expenses and allowances authorized for legislative mem bers 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 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, 1967, 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.
HR 75. By Messrs. Hull of the 104th and Caldwell of the 51st:
A RESOLUTION
Creating a committee to study the computer needs of the various departments of state government; and for other purposes.
WHEREAS, in this present day and time, the clerical and data processing operations of the various departments of state government are reaching staggering proportions; and
WHEREAS, unless some efficient and rapid means of processing data is employed, much of the effectiveness of many of the worthwhile programs which have been recently inaugurated by the various depart ments of state government will be lost; and
WHEREAS, due to the many advances in computer application to data processing, many man-hours can be saved by their utilization for such purposes; and
WHEREAS, unless the full capacity of each computer system is fully realized, many wasteful and extravagant practices will be incurred.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of eight (8) members of the House of Representatives to be appointed by the Speaker thereof. The committee shall be authorized to study the entire data processing and computer requirements of the various departments in the state government and all related fields thereto. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The committee shall make a report of its find ings and recommendations to the 1967 session of the General Assembly, at which time it shall stand abolished. The funds necessary for the purposes of this resolution shall come from the funds appropriated and available to the legislative branch of government.
The Oath of office was administered to Representative-elect Alan B. Smith of the 85th by Judge H. E. Nichols, Court of Appeals of Georgia.
MONDAY, JANUARY 17, 1966
137
Mr. Etheridge of the 123rd arose to a point of personal privilege and addressed the House.
Mr. Harris of the 118th 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 8. Do Not Pass. HB 28. Do Pass. HB 29. Do Pass As Amended. HB 32. Do Pass As Amended. HB 42. Do Pass.
Respectfully submitted, Harris of 118th Chairman.
Pursuant to HR 16 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 messages from Senators Herman E. Talmadge and Richard B. Russell, was called to order by the President of the Senate.
Accompanied by Governor Carl E. Sanders, the Committee of Escort, and other distinguished guests, Senators Talmadge and Russell appeared upon the floor of the House.
The Lieutenant-Governor presented Governor Carl E. Sanders, who in wellchosen words welcomed the Senators to this Joint Session of the General As sembly.
Lieutenant Governor Geer presented to the General Assembly, Senator Her man E. Talmadge, who addressed the Joint Session.
Lieutenant Governor Geer then presented Senator Richard B. Russell, who addressed the Joint Session of the General Assembly.
By unanimous consent, the following Joint Resolution was read and adopted:
138
JOURNAL OF THE HOUSE,
HR 70 JR 1. By Representative Steis of the 100th, Senator Johnson of the 42nd, Representative Black of the 56th and Senator Kidd of the 25th.
A RESOLUTION
Approving and endorsing the program "AFFIRMATION: VIET NAM"; and for other purposes.
WHEREAS, the commitment of the United States of America to South Vietnam is pursuant to lawful authority; and
WHEREAS, world opinion has been unfortunately affected by the vociferous protests of a small minority of our fellow citizens; and
WHEREAS, the nations of the world must surely wonder at the strength of conviction of the vast majority who support the national policy; and
WHEREAS, students of the several colleges of the State of Georgia have initiated a program appropriately designated "AFFIRMATION: VIETNAM" for the purpose of affirming statewide support of the American commitment to Vietnam; and
WHEREAS, the Governor of this great State and its entire na tional congressional delegation have endorsed said program; and
WHEREAS, it is only fitting and proper that the members of the General Assembly of Georgia should be among the first to voice their support and approval of this most admirable and worthwhile program.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, IN JOINT SESSION ASSEMBLED, that this body does hereby express it support of the commitment of the United States to Vietnam.
BE IT FURTHER RESOLVED that this body does hereby approve and endorse the program "AFFIRMATION: VIETNAM" as set forth in this resolution and urges all citizens of this State to respond to the efforts of those sponsoring said program.
BE IT FURTHER RESOLVED that all citizens of Georgia are respectfully urged to be present at the culminating assembly of said program to be held at the Atlanta Stadium at 2:00 P.M. on the 12th day of February, 1966.
BE IT FURTHER RESOLVED that this body does hereby ex press its sincerest appreciation to all those who have given their unselfish time and effort in the carrying out of the program "AFFIRM ATION: VIETNAM".
BE IT FURTHER RESOLVED that appropriate copies of this resolution with the seal of the General Assembly of Georgia affixed
MONDAY, JANUARY 17, 1966
139
thereto be forwarded to such persons as the authors of this resolution may direct and that copies of this resolution be placed in the journals of the Senate and the House of Representatives.
Senator Webb of the llth moved that the Joint Session be now dissolved and the motion prevailed.
The Lieutenant-Governor announced the Joint Session dissolved.
The Speaker called the House to order.
Under the general order of business, the following Bills of the House were read the third time:
HB 1. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A BILL
To be entitled an Act to amend an Act providing appropriations for the State Government for the fiscal year 1965-66 and the fiscal year 1966-67, approved March 1, 1965 (Ga. Laws 1965, p. 44), so as to change the appropriation from the Higher Education Assistance Corporation to the Georgia Higher Education Assistance Committee; to reduce the appropriation to the Department of Labor for the cost of operations of the Employment Security Agency; to authorize payment of dues from appropriations to the Department of Public Safety for the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police); to reduce the total amount of appropri ations; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
SECTION 1
An Act providing appropriations for the State Government for the fiscal year 1965-66 and the fiscal year 1966-67, approved March 1, 1965 (Ga. Laws 1965, p. 44), is hereby amended by striking from Section 22 the words "Higher Education Assistance Corporation" and inserting in lieu thereof the words "Georgia Higher Education Assistance Com mittee".
SECTION 2
Said Act is further amended by striking from Section 28 (B) the following:
140
JOURNAL OP THE HOUSE,
"1965-66 _.____-.__._..-.,,....-__-...__-_-....__,,..___-...__.-.__.....--...-..$ 216,050.00 1966-67 .._,,..._._..,,-...__.-.-__.__-._.____....___..._-..___--.__--_..__--._$ 216.050.00",
and inserting in lieu thereof the following:
"1965-66 .___-----------$ 85,000.00 1966-67 ..__....__.,,...__....____.._..__..__.._....__....___-...._..___-....__.,,..$ 85,000.00".
SECTION 3
Said Act is further amended by adding at the end of Section 37 of the following:
"Provided, however, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of membership in the Vehicle Equipment Safety Compact, the Amer ican Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police)."
SECTION 4
Said Act is further amended by striking from the end of Section 53 the following:
"TOTAL APPROPRIATION 1965-66 .___.._.__...___.....__.$586,980,944.90
TOTAL APPROPRIATION 1966-67 ._.__-...._.._-..____....$630,958,943.90" and inserting in lieu thereof the following:
"TOTAL APPROPRIATION 1965-66 ..._-_.-___....._-..$586,849,894.90
TOTAL APPROPRIATION 1966-67 .______..______.._______.. $630,827,893.90"
SECTION 5
All laws and parts of laws in conflict with this Act are hereby repealed.
HB 2. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A BILL
To be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966, and the fiscal year ending June 30, 1967, in addition to any other appropriations here tofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the sums of money hereinafter provided are hereby appropriated
MONDAY, JANUARY 17, 1966
141
as supplementary appropriations for the remainder of the fiscal year ending June 30, 1966, and the fiscal year ending June 30, 1967, in addi tion to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the pur poses provided for herein.
JUDICIAL BRANCH
Section 1. Superior Courts.
1966-67 .._-_...__...._.__...-
..$ 216,000.00
Provided, however, the above amount shall be used to increase the annual salaries of the Judges of the Su perior Courts to $18,000.00, effective July 1, 1966, as au thorized by Act No. 460 of the 1965 General Assembly, and to provide an increase in the annual contingent ex pense allowances of the Solicitors General to $4,800.00.
EXECUTIVE BRANCH
Section 2. Agriculture, Department of.
A. For the operation of all activities of the Depart ment.
1965-66 _._....,,__......,,._...._,,...,,..._......_.....___....___...._.$ 1966-67 __..,,____.__..____$
92,000.00 69,500.00
B. Capital outlay--Authority lease rentals to State Farmers' Market Authority for Columbus Farmers' Market.
1966-67 ..__..... .__-....___..__...._._-...........__,,.-..._-....___.$
120,000.00
Section 3. Banking, Department of.
1965-66 .__........____....__...._.....___.....__......,,...._...___..__.$ 1966-67 .__..___....-_._.-.._____-...____...____....___._._....___...___.$
21,464.00 26,687.00
Section 4. Capitol Square Improvement Committee.
For capital outlay--authority lease rentals to finance Capitol Area Park and Parking Facility.
1966-67 ..__....___....__......_......,,_......_......_._..___..._..._$
350,000.00
Section 5. State Board of Education--Department of Education.
A. For operations.
1965-66 ____..____.__._________$ 1966-67 ___--_.-_-_.-.--__-_-___._____$
171,000.00 457,000.00
142
JOURNAL OF THE HOUSE,
B. Grants.
1965-66 .,,..._....__._........._,,_.____.........__-......_.._....-___-.....$ 1966-67 ___._._.._______.$
288,268.00 383,732.00
C. Capital outlay--authority lease rentals.
1966-67 .._....._______-....___.-__-_.__.-.........__.___........._-_ $ 2,065,000.00
For public school building program. Provided, how ever, that of the above amount, $65,000.00 shall be for dormitories at North Georgia and South Georgia Tech nical and Vocational Schools.
Section 6. Georgia Educational Improvement Council.
1965-66 _.__..__._____.._...____ $ 1966-67 -.-._.____.-..._._-_-.-.........._.___....__.___.-._-.,,.. $
30,709.00 44,291.00
Section 7. Family and Children Services, Depart ment of. Institutions. For the additional costs of con structing and equipping six (6) regional detention cen ters.
1965-66 ,,..........__._.-_.............____._.,,.....-..._.,,.......,,..___.$ 1966-67 .__-...-._-.____-.-...._..-._____...-.....___.._...._....$
200,000.00 200,000.00
Section 8. Forestry Commission.
1965-66 .__.........-._.__..-......_..._-___..........____.._...,,.._...,,_ $ 1966-67 _____,,___.______,,_.___._.,,$
55,832.00 6,432.00
Section 9. Highways, Department of.
A. Capital outlay--airport development--State share of airport development.
1965-66 -----_-_--.,,_--_,,,,,,
$
250,000.00
B. Planning and construction. Capital outlay. 1965-66 .._.....___........._._.._____-_............._..__.__........,,...$ 4,105,354.00
Section 10. Industry and Trade, Department of. For operations of Department, including the administrative cost of the Appalachian Program.
1965-66 __,,.-..........___.-_-.....-.-__-.........__._...-.......___._. $ 1966-67 __..._-........__.-..-.-....,,....___.....___._-___.-........_._..$
6,746.00 265,180.00
Section 11. Law, Department of.
1965-66 ------- .... -__-.._. $ 1966-67 ------__ ---------_------$
28,000.00 57,000.00
MONDAY, JANUARY 17, 1966
143
Section 12. Mineral Leasing Commission.
1965-66 _-____.-..---__-___-____,,..___._.___-.____.___._______--__-.__$ 1966-67 ....-___.__..-.._-___...-_._,,.-.__,,.___....-___..___-..-_- $
1,500.00 3,500.00
Section 13. Probation, State Board of.
1965-66 _....___.._._....___.._....__....___..__._....___......_.....___...$ 1966-67 ._.-._...._.-.._.._.-_-_..____..._.__...._.__..-__.....__.._.. $
9,680.00 65,320.00
Section 14. Public Defense, Department of. 1965-66 .__.. .....___.__...,,...___...._.__...____..,,....__._....__......$
100,000.00
Section 15. Public Health, Department of.
A. Milledgeville State Hospital. 1965-66 .._____..._.._._......_...__.__.._....__.....__...._____..._...._$
100,000.00
B. Thomasville Mental Health Facility.
1965-66 _..._.._....-.__-..-_._.-..__-...-_.-..-.__-...__..-._.-...._..._.__. $ 1966-67 ..............$
200,000.00 800,000.00
C. Bainbridge Mental Health Facility.
1966-67
.____.____._.,,-_____,,_,,__$
600,000.00
D. Grants-in-Aid to local health units. 1966-67 - _-.-._- _-__-..--_._$
830,000.00
E. Capital outlay--authority lease rentals--mental health.
1966-67 ._________._.___..._,,___ $
945,000.00
Provided, however, the above amount is for the con struction of regional mental hospitals at Augusta and Atlanta, and renovation and conversion of water storage and treatment system at Milledgeville State Hospital.
Section 16. Public Safety, Department of. 1965-66 ____--__-------.-.$
145,000.00
Section 17. Purchases, Supervisor of.
1965-66 ..,,___....___.,,.____...__....._...._.....___.__...___........._.$ 1966-67 ___.___________.-_-_.-____-____,,--_-__.___________.$
20,000.00 24,000.00
Section 18. Recreation Commission.
1965-66 __-___--_-----.--__-_$
1966-67
---.---------$
11,400.00 10,600.00
144
JOURNAL OF THE HOUSE,
Section 19. Regents, State Board of.
A. Operations for the initial cost necessary for the development of a dental school at the Medical College of Georgia.
1966-67 ...__...,,,,,,_-__,,._._--_--,,--_--.$
125,000.00
B. Authority lease rentals. 1966-67 ...-_,,..-.-.....__-.._-..._-__..-.___._.-----__-..-.... $ 3,000,000.00
Section 20. Revenue, Department of.
1965-66 ..___...__._._--.,,--..-___....___.._..._--.....-_.....__,,. $ 1966-67 -_----.-----$
Section 21. Science and Technology Commission.
1965-66 -_--------.$ 1965-66 __..__......_...-_-...._.._-..._.--.___....___-____.....$
214,100.00 835,900.00
27,400.00 97,600.00
Section 22. Secretary of State.
A. Combined divisions. 1965-66 ._.__,,_._..._...-..,,....__...-_-..-,__...-,,..-____.......$
135,000.00
B. Examining boards. 1965-66 --_---.--------$
40,000.00
C. Archives and Records.
1965-66 _.......__-...__-...._..-___....___-..-_.-__,,...,,.__..__$ 1966-67 -_._....__..._,,__.__-.___-...__-..__.-..-__-..._-_..$
18,750.00 56,250.00
Section 23. State Properties Control Commission.
1965-66 .,,________,,_,,___.__...__________ $ 1966-67 .__-_.-__.---.-----__ $
12,500.00 35,000.00
Section 24. Teachers' Retirement System. For the cost of reducing the teacher retirement age from 65 to 63.
1966-67 ___.,,______.._.__.__,,___$
562,000.00
Section 25. Veterans Service, Department of. 1966-67 ...,,_-...,,-_._-..____..___,,...__...__-__.--...___-..__.$
20,000.00
Section 26. All expenditures and appropriations made and authorized under this Act shall be according to Ob jects as specified in the Governor's recommendation con tained in the Supplemental Budget submitted to the General Assembly at the regular January Session 1966, except as otherwise specified in this Act. Provided, how-
MONDAY, JANUARY 17, 1966
145
ever, the Director of the Budget is authorized to make internal transfers within a Budget Unit between Objects; provided, also, within five days after any such transfer is made, that transfer together with an explanation of the reason therefor shall be reported, in writing, to the Chair men and Vice-Chairmen of the Appropriations Commit tees 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 de rived. In those cases in which the said Budget Report contains no recommendation of expenditures as to Objects by the Governor, the Director of the Budget, except as to the Legislative and Judicial Branches of the Govern ment, is authorized to allocate as to Object said funds as he deems proper.
Section 27. In the event it is determined by the Budget Bureau that the total funds in the State Treasury in a fiscal year in which appropriatins 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 authorized and is hereby di rected 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 pro vided 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.
TOTAL APPROPRIATION 1965-67 ..._.._.__..___..$ 6,284,703.00
TOTAL APPROPRIATION 1966-67 ._..,,__...._..$ 12,270,992.00
Section 28. All laws and parts of laws in conflict with this Act are hereby repealed.
The following Committee Substitute was read:
HB 2. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A BILL
To be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966, and the fiscal
146
JOURNAL OF THE HOUSE,
year ending June 30, 1967, 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA that the sums of money hereinafter provided are hereby appropriated as supplementary appropriations for the remainder of the fiscal year ending June 30, 1966, and the fiscal year ending June 30, 1967, in addi tion to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the pur poses provided for herein.
JUDICIAL BRANCH
Section 1. Superior Courts. 1966-67 -------
..$ 168,000.00
Provided, however, the above amount shall be used to increase the annual salaries of the Judges of the Superior Courts to $18,000.00, effective July 1, 1966, as authorized by Act No. 460 of the 1965 General Assembly, and to provide an increase in the annual contingent ex pense allowances of the Solicitors General to $3,600.00.
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Operating Expenses -_----._.------ _--,,____.__--.._____..__.$
1966-67 48,000.00
EXECUTIVE BRANCH
Section 2. Agriculture, Department of.
A. For the operation of all activities of the Depart ment.
1965-66 -,---------------------------------------- $ 1966-67 _.--__.--___--_..----.__.._.----___---__..------ $
B. For continuation of Fire Ant eradication program.
1966-67 ___-____...-__.._--_.__----.----__--_----__--$
92,000.00 69,500.00
200,000.00
C. Capital outlay--Authority lease rentals: to pay rentals under lease contracts with the State Farmers' Market Authority to permit the issuance of bonds to fi nance new projects at Columbus Farmers' Market or to finance directly said projects.
1966-67 ___---------------------$
Section 3. Banking, Department of.
1965-66 ---------------- ___
1966-67 .
_ _ _ --_,,_
120,000.00
21,464.00 26,687.00
MONDAY, JANUARY 17, 1966
147
Section 4. Capitol Square Improvement Committee. For capital outlay--authority lease rentals to pay rentals under lease contracts between the Executive Branch and the State Office Building Authority to permit the issuance of bonds to finance a Capitol Area Park and Parking Facility.
1966-67 ------------__-____ $
350,000.00
Section 5. State Board of Education--Department of Education
A. For operations.
1965-66 ....._... 1966-67 .._.....
171,000.00 457,000.00
B. Grants.
1965-66 1966-67
288,268.00 383,732.00
C. Capital outlay--authority lease rentals; to pay rentals under lease contracts with the State School Building Authority to permit the issuance of bonds to fi nance new projects.
1966-67 ,,_____.__.______,,_,,._._.___.$ 2,000,000.00
D. Capital outlay--authority lease rentals; to pay rentals under lease contract with the State School Build ing Authority to permit the issuance of bonds to finance new dormitory projects at North Georgia and South Georgia Technical and Vocational Schools.
1966-67 __.-._.--__,,..__.__ $
101,000.00
Section 6. Georgia Educational Improvement Council.
1965-66 ..,,-__.__....__,,...._....._,,.....,,....,,,,......__._.__.$ 1966-67 .,,......__..._._,,...,,...-__......-_.,,_..__....____..___,,_.___$
30,709.00 44,291.00
Section 7. Family and Children Services, Department of. Institutions. For the additional costs of constructing and equipping six (6) regional detenion centers.
1965-66 ..._-.__.....__....___...._._._.__..__.___,,...-....,,.._...._.$ 1966-67 .......................S.
200,000.00 200,000.00
Section 8. Forestry Commission.
1965-66 ....................... 1966-67 __._.___
55,832.00 6,432.00
Section 9. Highways, Department of.
148
JOURNAL OP THE HOUSE,
A. Capital outlay--airport development--State share of airport development.
1965-66 .-_.-__ -__-__.-_----___-_$
250,000.00
B. Planning and construction. Capital outlay. 1965-66 ._._.._._..__..____.-._.___-....___.-.-.__.....__.......__.$ 4,105,354.00
Section 10. Industry and Trade, Department of. For operations of Department, including the administrative cost of the Appalachian Program.
1965-66 -__-__,,___-__-_-__-._._.____._____--____-_________.$ 1966-67 _.______._,,,,._._,,..-.-,,.-..,,_.-...._..-_-___.$
6,746.00 265,180.00
Section 11. Law, Department of.
1965-66 _.._.__,,_..-._..._.....-.__-....,,,,...._.....,,-,,__-_..$ 1966-67 _____,,___..-_-._......___....-_-...._-..____-....--_..$
18,000.00 67,000.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 Personal Services ....._...._.-_..___..._$ 15,000.00 $
1966-67 60,000.00
Section 12. Mineral Leasing Commission.
1965-66 .___.,,_.__.______._.__,,-__-._._-,,$ 1966-67 ,,__._-_-___-____--__-...__-...--.......__....._.-..$
1,500.00 3,500.00
Section 13. Probation, State Board of.
1965-66 .._.-._,,_....__,,-...._-....,,-.____,,..,,_-_-.....___-_..$ 1966-67 _______--___-.__---_....__.,,___-__.._.-..__..$
9,680.00 65,320.00
Section 14. Public Defense, Department of. 1965-66 .__.____._,,_.__.,,_.._-.,,--._--$ 100,000.00
Section 15. Public Health, Department of.
A. Milledgeville State Hospital. 1965-66 .___.._________-___--_,,_,,__-.___.___$ 100,000.00
B. Thomasville Mental Health Facility.
1965-66 ____--.__--_-_-__.--------_--.$ 1966-67 -___--_____---__-_-_,,--___--__--______-._._$
200,000.00 800,000.00
C. Bainbridge Mental Health Facility. 1966-67 .._....__-_..-._......_._-,,..-_-..._-_._.......-.....$ 600,000.00
MONDAY, JANUARY 17, 1966
149
D. Grants-in-Aid to local health units. 1966-67 ___,,___________..__.._..........___.......______$
630,000.00
E. Capital outlay--authority lease rentals; to pay rentals under lease contracts with the State Hospital Au thority to permit the issuance of bonds to finance new projects at Augusta, Atlanta, and Milledgeville.
1966-67 ,,_,,__-___________$
945,000.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Grants-in-Aid ........-..-.-.--......--.-.......----......-..---..-I
1966-67 630,000.00
Section 16. Public Safety, Department of. 1965-66 -.-..__.______...._........______......___.__.....,,_____-..._$
145,000.00
Section 17. Purchases, Supervisor of.
1965-66 .-.....-__.-..-____-.....-_.,,-.....--____.....__-......-_$ 1966-67 -----------$
20,000.00 24,000.00
Section 18. Recreation Commission.
1965-66 -.--.-__.-----$ 1966-67 __-_..-__......-____....-_..__-_-....-.___..._.-_-_.-_.-$
11,400.00 10,600.00
Section 19. Regents, State Board of.
A. Operations for the initial cost necessary for the development of a dental school at the Medical College of Georgia.
1966-67 -----_.------.-$
125,000.00
B. Capital outlay--authority lease rentals; to pay rentals under lease contracts with the University System Authority to permit the issuance of bonds to finance the completion of existing projects with new projects.
1966-67 ___._.,,-,,_.------$ 3,000,000.00
Section 20. Revenue, Department of.
1965-66 ,,____.__. 1966-67 --------
214,100.00 835,900.00
Section 21. Science and Technology Commission.
1965-66 -----------------_-.---------------$ 1966-67 _,,-------------------.-- .-- _-$
27,400.00 97,600.00
150
JOURNAL OF THE HOUSE,
Section 22. Secretary of State.
A. Combined divisions. 1965-66 ..,,,,.....___-_-._-_.__..-._...____._,,..._.__.._.._.___.$
135,000.00
B. Examining boards. 1965-66 ---.--___-____$
40,000.00
C. Archives and Records.
1965-66 _-.--.----_--.-__.- $ 1966-67 ._..-___.-.....___-..-..._.__....._.-..-.._.__-._-..-..._.. $
18,750.00 56,250.00
Section 23. State Properties Control Commission.
1965-66 ....--._-_-__ $ 1966-67 --__-.___.._,,_.___ $
12,500.00 35,000.00
Section 24. Teachers' Retirement System. For the cost of reducing the teacher retirement age from 65 to 63.
1966-67 _...,,__-...,,..___,,.-.___... ....-___-.__.._-_-...___.__.$
562,000.00
Section 25. Veterans Service, Department of. 1966-67 ..___.__.___,,_.,,__.._____ $
20,000.00
Section 26. All expenditures and appropriations made and authorized under this Act shall be according to Ob jects as specified in the Governor's recommendation con tained in the Supplemental Budget submitted to the General Assembly at the regular January Session 1966, except as otherwise specified in this Act. Provided, how ever, 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 Com mittee of the House and Senate and to the Speaker of the House and Lieutenant Governor. This section applies to all funds of each Budget Unit from whatever source derived. In those cases in which the said Budget Report contains no recommendation of expenditures as to Objects by the Governor, the Director of the Budget, except as to the Legislative and Judicial Branches of the Govern ment, is authorized to allocate as to Object said funds as he deems proper.
Section 27. 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 ap propriated payable to each Department, Agency, or Insti tution of the State sums sufficient to satisfy the pay-
MONDAY, JANUARY 17, 1966
151
ments 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 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, are appropri ated 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 De partment, Agency or Institution involved, an amount suf ficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropri ations.
The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obli gations 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 28. 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 Appropri ations 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 such appropriation 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 obli gation of the State.
TOTAL APPROPRIATION 1965-66 _...____________...$ 6,274,703.00
TOTAL APPROPRIATION 1966-67 _.__.._____...___. $ 12,268,992.00
Section 29. All laws and parts of laws in conflict with this Act are hereby repealed.
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The Speaker resolved the House into a Committee of the Whole, designating Mr. D. B. Blalock of the 33rd as Chairman thereof, for the purpose of consider ing HB 1 and HB 2.
The Committee of the Whole arose and through its Chairman reported HB 1 and HB 2 to the House with the recommendations that HB 1 Do Pass, as amended, and that HB 2 Do Pass, by substitute, as amended.
The following Committee amendment to HB 1 was read:
"The Committee moves to amend HB 1 by inserting a new Section 4 and renumbering Sections 4 and 5 as Sections 5 and 6. The new Section 4 shall read as follows:
Section 4. Said Act is further amended by striking from Section 42 (C) the figure $300,000 and inserting in lieu thereof the figure $400,000.00."
The Committee amendment was adopted.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blair
Blalock Brackin Brinkley
Brown, C. Brown, M. P. Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G. Colling, J. P. Collins, M. Colwell
Conger Conner Cook
Cox Crowe Dailey Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan
Egan Elliott Evensen
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153
Farrar Fleming Floyd Fulford Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howard Howell Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambros Lane Lee, W. J. (Bill)
Lee, W. S. Leonard Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Mitchell Mixon Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Odoni Oglesby Otwell Overby Pafford Palmer Paris Parrish Peterson Phillips Powers Reaves Reid Richardson Ross Rowland Rush
Russell Savage Sherman Shields Sims Simkins Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Steis Stewart Story Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Voting in the negative was Mr. Bryant.
Those not voting were Messrs.:
Bo wen Brantley Brown, B. D. Clark, J. T. Daugherty
Etheridge Funk Houston Irvin Knight
Lambert Land Lea, F. R. McClatchey Minge
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Moore, Don C. Newton, A. S. Parker Pickard
JOURNAL OF THE HOUSE,
Rainey Roach Smith, A. B. Smith, G. L. II
Starnes Stovall Townsend Mr. Speaker
On the passage of the Bill, as amended, the ayes were 176, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Committee amendment to the Committee substitute to HB 2 was read and adopted:
The Committee moves to amend the substitute to HB 2 as follows:
Provided that no less than $50,000 of the $630,000 in this Sub section shall be allocated to grants-in-aid to local health units for re tardation day-care centers.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, as amended, was agreed to.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Black
Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley
Carnes Carr Gates Chandler Clarke, H. G. Collins, J. F. Collins, M. Colwell Conger Conner Cox Crowe D alley
MONDAY, JANUARY 17, 1966
155
Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Evensen Farrar Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Houston Howard Howell Hull Hutchinson Johnson, Dr. A. S.
Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambros Lane Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Mitchell Mixon Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parrish Peterson Phillips Powers
Reaves Reid Richardson Ross Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Steis Stewart Story Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Wells Westlake Wiergins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs. :
Bo wen Clark, J. T. Cook
Etheridge Irvin Knight
Lambert Land Lea, F. R.
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Minge Moore, Don C. Newton, A. S. Parker
JOURNAL OF THE HOUSE,
Pickard Rainey Roach Smith, G. L. II
Starnes Stovall Townsend Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 183, Nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
By unanimous consent, the following Bills and Resolution of the House were withdrawn from the Committee on Special Judiciary and recommitted to the Committee on Judiciary:
HB 66. By Messrs. Starnes and Minge of the 13th, Johnson of the 40th, Moore of the 20th and Lowrey of the 13th:
A Bill to be entitled an Act to provide that in all criminal cases punish able by life imprisonment or death, the jury shall be required to make certain recommendations, which shall be binding on the court, upon finding the defendant guilty; and for other purposes.
HB 79. By Mr. McClatchey of the 138th: A Bill to be entitled an Act to amend Code Chapter 27-25 relating to criminal sentences, so as to provide that in all jury trials the jury shall determine only guilt or innocence of the accused; and for other purposes.
HR 44-71. By Messrs. Starnes, Minge and Lowrey of the 13th and Moore of the 20th: A Resolution proposing an amendment to the Constitution to authorize the General Assembly to provide by law the procedure for the parole of certain prisoners who are convicted of crimes punishable by life imprisonment or by death; and for other purposes.
Mr. Funk of the 116th stated that he had been called from the floor of the House, but had he been present, he would have voted "aye" on HB 1.
Mr. Lambert of the 38th stated that he had been called from the floor of the House, but had he been present when the roll was called, would have voted "aye" on the passage of HB 2.
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157
Mr. Irvin of the llth stated that he had been called from the House at the time the roll was called, but had he been present, would have voted "aye" on HB 1 and HB 2.
Mr. Busbee of the 79th moved that the House do now adjourn until 10:30 o'clock tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:30 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia Tuesday, January 18, 1966
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. L. E. Williams of Brunswick, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 107. By Mr. Longino of the 122nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fairburn, so as to extend the City Limits; and for other purposes.
Referred to the Committee on Local Affairs.
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159
HB 108. By Mr. Rush of the 75th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Reidsville, so as to increase the compensation of the judge; and for other purposes.
Referred to the Committee on Local Affairs.
HB 109. By Mr. Dean of the 20th:
A Bill to be entitled an Act to amend an Act prohibiting the throwing or depositing of trash, garbage or other substances upon the public roads or public property of this State, so as to change the penalty for throw ing or depositing any substances upon the public roads or property of this State; and for other purposes.
Referred to the Committee on Highways.
HB 110. By Messrs. Bean of the 119th, Lee and Busbee of the 79th, and Harris of the 118th:
A Bill to be entitled an Act to amend Code Chapter 23-11 relating to the office 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.
HR 61-110. By Mrs. Merritt of the 68th:
A Resolution petitioning the Congress of the United States to call a convention for the purpose of proposing an amendment to the Con stitution of the United States; and for other purposes.
Referred to the Committee on Judiciary.
HR 62-110. By Mr. Dean of the 20th:
A Resolution amending a Resolution, authorizing the conveyance of certain real property, owned by the State Highway Department, and located in East Point, Georgia, so as to provide that the proceeds there from shall be paid to the Treasurer of the State Highway Department; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 63-110. By Mr. Holder of the 70th: A Resolution compensating Mrs. Ola Burch; and for other purposes.
Referred to the Committee on Appropriations.
HR 64-110. By Mr. Games of the 129th: A Resolution compensating W. H. Paradise; and for other purposes.
Referred to the Committee on Appropriations.
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JOURNAL OP THE HOUSE,
HB 111. By Mrs. Merritt of the 68th, Messrs. Lambert of the 38th, Williams of the 16th, Gary and Harrell of the 35th, Johnson of the 40th, Mitchell of the 3rd and others:
A Bill to be entitled an Act to amend Code Section 68-214 relating to motor vehicle license plates and their description, so as to require that the faces of license plates shall be treated with a reflective mate rial in order to reduce road accidents and improve the visibility and legibility of license plates after dark; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 112. By Mrs. Hamilton of the 137th, Messrs. Cook and Etheridge of the 123rd, McClatchey of the 138th, Carnes of the 129th and others:
A Bill to grant to the incorporated municipalities of this State certain basic powers, including certain powers to require the repair, closing or demolition of certain dwellings, buildings or structures; and for other purposes.
Referred to the Committee on Judiciary.
HB 113. By Messrs. Brinkley of the 112th, Bedgood of the 29th and Starnes of the 13th:
A Bill to be entitled an Act to amend Code Chapter 88-16, so as to provide that a test for phenylketonuria be administered to all infants; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HR 69-113. By Mrs. Hamilton of the 137th, Messrs. Cook and Etheridge of the 123rd, Egan of the 41st, Brown of the 120th, McClatchey of the 138th, Carnes of the 129th and others:
A Resolution proposing an amendment to the Constitution, so as to allow counties or municipal corporations to make repairs of proper ties 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.
HB 114. By Messrs. Williams and Overby of the 16th, Lambert of the 38th, Johnson of the 40th, Peterson of the 59th 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 relating to driving while intoxicated; and for other purposes.
Referred to the Committee on Motor Vehicles.
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161
HB 115. By Mr. Murphy of the 26th:
A Bill to be entitled an Act to amend an Act providing an annual salary for the treasurer of Haralson County, so as to increase the compensation of the treasurer of Haralson County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 116. By Mr. Murphy of the 26th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Haralson County, so as to increase the salary of the Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 117. By Mr. Moore of the 12th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues in the County of Stephens, so as to change the terms of office of the commissioners; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 118. By Mr. Moore of the 12th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Stephens County upon an annual salary, so as to increase the allotment of county funds for the purpose of compensat ing personnel within his office; and for other purposes.
Referred to the Committee on Local Affairs.
HB 119. By Mr. Moore of the 12th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Stephens County upon an annual salary, so as to increase the allot ment to the ordinary for the purpose of compensating personnel within his office; and for other purposes.
Referred to the Committee on Local Affairs.
HB 120. By Messrs. Wells of the 30th and Ross of the 31st:
A Bill to be entitled an Act to make it unlawful for any person to operate any vehicle on any public road, street, or highway in this State, while transporting any type of material (gravel, rock, stone, etc.), which may become dislodged from such vehicle, unless same is covered or enclosed so as to prevent any such material from spilling or being dislodged from such vehicle; and for other purposes.
Referred to the Committee on Motor Vehicles.
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JOURNAL OF THE HOUSE,
HB 121. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend Code Section 30-209, so as to provide that alimony payments to the wife shall cease on her remar. riage; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 122. By Messrs. Brinkley and Jones of the 112th:
A Bill to be entitled an Act to amend an Act providing that no judg ment, decree, or other of any court shall affect the title to real property until said judgment, decree, or order is recorded, so as to provide that the provisions of this Act shall also apply to writs handed down pur suant to any such judgment; and for other purposes.
Referred to the Committee on Judiciary.
HR 71-122. By Messrs. Smith and Mitchell of the 3rd: A Resolution compensating Mrs. Patricia Nell Boswell; and for other purposes.
Referred to the Committee on Appropriations.
HR 72-122. By Mr. Overby of the 16th: A Resolution compensating Mrs. Florence Euline Roberts; and for other purposes.
Referred to the Committee on Appropriations.
HR 73-122. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st:
A Resolution proposing an amendment to the Constitution so as to ; ;a.uthprize, the General Assembly to establish a county manager form
of county government, without regard to uniformity, for Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 123. .By. Messrs. Odom, Busbee and Lee of the 79th:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts, Emeritus, so as to provide a limitation on the amount of funds which may be received by such Judges; and for other purposes.
Referred to the Committee on Judiciary.
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163
HB 124. By Mr. Wells of the 30th:
A Bill to be entitled an Act to abolish the present system of compensat ing the Sheriff of Oglethorpe County, known as the fee system, and to provide in lieu thereof an annual salary for the Sheriff; and for other purposes.
Referred to the Committee on Local Affairs.
HR 76-124. By Mr. Lambert of the 38th:
A Resolution proposing an amendment to the Constitution so as to provide for an additional two members of the Board of Education of Morgan County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 77-124. By Messrs. Oglesby of the 92nd, Simkins of the 106th, DeLong of the 105th, Gaissert of the 34th, Mauldin of the 18th and others:
A Resolution proposing an amendment to the Constitution so as to provide for the election of judges of the Superior Courts and solicitors general by the electors of their judicial circuits; and for other pur poses.
Referred to the Committee on Judiciary.
HB 125. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to provide that the State Board of Edu cation shall prescribe by rules and regulations that a driver educa tion 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 126. By Messrs. Johnson of the 40th, Mitchell of the 3rd, Anderson of the 71st, Matthews of the 94th, Williams of the 16th 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 require certain motor vehicles employed by the Department of Public Safety for the purpose of traffic enforcement to be marked and equipped with certain uniform fix tures; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 127. By Mr. Dean of the 20th:
A Bill to be entitled an Act creating the offices of the State Highway Board, so as to authorize payment of subsistence in an amount not to exceed $1.25 per day in addition to other compensation to certain
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employees of the State Highway Department assigned to residences where such subsistence allowance is necessary to assist in staffing areas where there is a shortage of competent personnel, in order to minimize the possibility of losing Federal funds; and for other pur poses.
Referred to the Committee on Highways.
HB 128. By Messrs. Caldwell of the 51st, Doster of the 73rd, Colwell of the 5th, Rowland of the 48th, Dailey of the 66th, Bagby of the 21st, Overby of the 16th and others:
A Bill to be entitled an Act to provide for placing the clerks of the superior courts upon an annual salary; and for other purposes.
Referred to the Committee on Special Judiciary.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 100. By Mr. Lea of the 126th:
A Bill to be entitled an Act to amend an Act to incorporate the City of Hapeville, so as to eliminate the benefits to a surviving spouse; and for other purposes.
HB 101. By Messrs. Levitas of the 118th, Etheridge of the 123rd and McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act relating to the chartering of corporations, relating to classes of stock and stockholders; and for other purposes.
HB 102. By Messrs. Levitas of the 118th, Etheridge of the 123rd and McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act relating to the chartering of corporations, so as to eliminate the requirement that no shares of stock shall be convertible into shares of another class having a supe rior preference right as to dividends or as to assets upon liquidation and distribution; and for other purposes.
HB 103. By Messrs. Levitas of the 118th, Etheridge of the 123rd and McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act relating to the charter ing of corporations, so as to authorize the creation and issuance of rights or options entitling the holders thereof to purchase from the corporation any shares of its capital stock of any class on such terms, at such time or times and at such price or prices as shall be deter mined by the Board of Directors unless otherwise so provided in the charter; and for other purposes.
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165
HB 104. By Messrs. Levitas of the 118th, Etheridge of the 123rd and McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act relating to the chartering of corporations, relating to classes of stock and stockholders; to eliminate the requirement that no shares of stock shall be convertible into shares of another certain class; to authorize the creation and issuance of rights or options entitling the holders thereof to purchase from the corporation any shares of its capital stock of any class, and for other purposes.
HB 105. By Mrs. Hamilton of the 137th; Messrs. Gates of the 123rd and Adams of the 125th:
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 expenses to eligible persons and businesses for the reasonable and necessary moving expenses caused by their displacement from real property ac quired for such project; and for other purposes.
HB 106. By Mr. Egan of the 141st:
A Bill to be entitled an Act to amend Code Section 113-602, relating to the probate of a will in solemn form, as amended, so as to provide that the probate of a will in solemn form shall be conclusive as to heirs at law not effectively notified; and for other purposes.
Mr. Brinkley of the 112th District, Chairman of the Committee on Local Affairs, has 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 9. Do Pass. HB 10. Do Pass. HB 19. Do Pass. HB 20. Do Pass. HB 21. Do Pass.
Respectfully submitted, Brinkley of the 112th, Chairman.
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The following Resolutions of the House were read and adopted:
HR 81. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A RESOLUTION
Electing Honorable Thomas B. Murphy of the 26th District 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 the 26th District 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 Resolu tion to the Governor, to the Secretary of State, and to Mr. Murphy.
HR 82. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
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.
HR 83. By Mr. Smith of the 90th:
A RESOLUTION
Commending the Georgia Air National Guard for volunteer flights to Viet Nam; and for other purposes.
WHEREAS, the Military Airlift Squadrons of the Georgia Air National Guard flew six (6) flights to Viet Nam in December of 1965 in support of operation "Christmas Star" and. transported to Viet Nam over 45,000 tons of Christmas gifts and military cargo; and
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167
WHEREAS, the Military Airlift Squadrons of the Georgia Air National Guard, at the request of the United States Air Force, are presently engaged in flying volunteer flights to Viet Nam which will transport over 270,000 tons of military cargo in support of the United States commitment in Viet Nam; and
WHEREAS, all of these flights are a volunteer effort made at the request of the United States Air Force and all of these flights are in addition to the ordinary flying duties of the Georgia Air National Guard; and
WHEREAS, this volunteer effort is being made at great expense and inconvenience to the members of the Georgia Air National Guard and their employers who have demonstrated extraordinary patriotism by cooperating to make this effort possible; and
WHEREAS, this volunteer effort is in keeping with the finest traditions of the Georgia Air National Guard whose devoted and patriotic achievements have always brought great credit and respect to themselves and to the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of the Georgia Air National Guard are hereby commended for their devotion and patriotism in making the aforesaid volunteer flights to Viet Nam and the mem bers of this body hereby express sincerest appreciation to the employers whose patriotic cooperation has made these flights possible.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the Adjutant General, and the Adjutant General is hereby requested to make avail able a copy of this resolution to each of the aforesaid members of the Georgia Air National Guard and their employers.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 9. By Mr. Lewis of the 50th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Sheriff of Burke 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 116, nays 0.
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The Bill, having received the requisite constitutional majority, was passed.
HB 10. By Mr. Howell of the 86th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Sheriff of Early 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 19. By Mr. Fulford of the 67th:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Terrell 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 20. By Mr. Fulford of the 67th: A Bill to be entitled an Act to abolish the present method of compensat ing the Sheriff of Lee 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 116, nays 0,
The Bill, having received the requisite constitutional majority, was passed.
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169
HB 21. By Mr. Pulford of the 67th:
A Bill to be entitled an Act to change the terms of the Superior Court of Lee County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 29. By Messrs. Harris of the 118th and Carley of the 117th:
A Bill to be entitled an Act to amend Code Chapter 67-13 of the 1933 Code of Georgia relating to conveyances to secure debt, so as to provide for a new code section to be designated as Code Section 67-1305A; to provide the language to be incorporated in such code section; and for other purposes.
The following Committee amendment was read and adopted:
Judiciary Committee moves to amend HB 29 as follows:
(1) By amending the caption so as to add following the words "original deed" wherever the same appear the words "to secure debt".
(2) By amending Section 1 so as to add following the words "origi nal deed" on line five of the quoted section 67-1305A the words "to secure debt".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson
Bagby Barber Barfield Bean Bennett
Berry Black Blalock Brackin Brinkley
170
Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Gates Clarke, H. G. Collins, J. F. Collins, M. Conger Cox Crowe Dailey Daugherty Da vis Dean DeLong Dickinson Dollar Dorminy Doster Drew Duncan Egan Etheridge Evensen Farrar Fleming Fulford Gaissert Gary Gaynor Gignilliat Grahl Grier Hale Hamilton Harrell Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Henderson Herndon Higginbotham
JOURNAL OF THE HOUSE,
Hill Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, B. Jones, C. M. Jones, M.
Kiley Knapp Knight Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovett Lowrey Maddox Malone Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odoni Oglesby Otwell Overby Pafford Palmer Paris Parker
Parrish Peterson Phillips Powers Rainey Reaves
Reid Richardson Ross Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, J. R. Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Story Sullivan Sweat Taylor Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Wells Westlake Williams, G. J. Williams, W. M. Wood
Those not voting were Messrs.:
Bedgood Blair Bowen Brantley
Brown, B. D. Brown, C. Carr Chandler
Clark, J. T. Colwell Conner Cook
TUESDAY, JANUARY 18, 1966
171
Dillon Dixon Elliott Floyd Punk Hadaway Harrington Harrison Howard Johnson, A. S. Dr. Jones, G. Paul Jordan, Ben C. Jordan, W. H.
Lambert Lambros Land Lane Leonard Lovell Marshall McClatchey Mitchell Moore, J. H. Pickard Roach Rowland
Rush Smith, G. L. II Smith, V. T. Snow Stovall Thomas Townsend Wig-gins Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 28. By Messrs. Harris of the 118th and Carley of the 117th.
A Bill to be entitled an Act to amend Section 37-607 of the 1933 Code of Georgia, so as to provide that powers of sale and other powers in deeds of trust, mortgages, and other instruments may be exercised by transferees and other parties regardless of whether or not the transfer specifically includes such powers or conveys title to the property des cribed; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bennett Berry Black Blalock Brackin Brantley
Brinkley Brown, C. Bryant Busbee Byrd Caldwell Carley Games Gates Clarke, H. G. Collins, J. F. Collins, M. Cox Crowe
Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Doster Drew Duncan Egan Etheridge Evensen
172
Farrar Fleming Fulford Funk Gaissert Gaynor Grahl Grier Hale Hamilton Harris, 3. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, B. Jones, C. M. Jones, M. Kiley Knapp Knight Lambert Land Lane Lea, F. R. Lee, W. S. Leonard Le vitas
Lewis
JOURNAL OF THE HOUSE,
Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L.
Odom Oglesby Otwell
Overby Pafford Palmer Paris Parker Peterson Phillips Powers Rainey Reaves Reid Richardson Ross Rush Russell
Savage Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watson Webb Wells Westlake Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Bedgood Blair Bo wen Brown, B. D.
Brown, M. P.
Carr Chandler Clark, J. T. Colwell Conger
Conner Cook Dollar Dorminy Elliott Floyd Gary Gignilliat Hadaway Harrell Harrington
Howard Johnson, A. S. Dr. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Lambros Lee, W. J. (Bill) Matthews, D. R. McClatchey Mitchell Parrish
Pickard Roach Rowland Smith, V. T.
TUESDAY, JANUARY 18, 1966
173
Snow Thompson, R. Townsend Watkins
Wiggins Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 160, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 42. By Messrs. Carley, Malone and Palmer of the 117th and Harris of the 118th:
A Bill to be entitled an Act to amend an Act relating to the corporation laws of the State, so as to change the time when advertisements shall appear after the filing of the application or petition for 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 119, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 32. By Mr. Jones of the 112th: A Bill to be entitled an Act to provide that every parent having in custody and control over a minor child or children under the age of 17 shall be liable for the wilful and wanton acts of said minor resulting in injury or damage to the person or property, or both, of another; and for other purposes.
The following Committee amendment was read and adopted:
Judiciary Committee moves to amend HB 32 by adding the word "death" and a comma between the words "in" and "injury" in the 4th line of Section 1.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 112, nays 14.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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JOURNAL OF THE HOUSE,
HB 3. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to he 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 license fees, and for other purposes.
Mr. Harris of the 85th moved that HB 3 be recommitted to the Committee on Game and Fish. The motion was lost.
Mr. Harris of the 85th moved that all amendments to HB 3 be printed and the motion prevailed.
An amendment by Mr. Stalnaker of the 59th was read and lost.
The following amendment was read and adopted:
Mr. Murphy of District 26 moves to amend HB No. 3 as follows:
By adding in Section 31 of Section two at the end of the first sen tence the words:
"Except on premises owned by him or his immediate family."
By adding at the end of the second sentence of said Section the words:
"Except on premises owned by him or his immediate family."
so that Section 31 will 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 on premises owned by him or his immediate family. It shall be unlawful for any resi dent of this State to hunt, fish or trap in this State without carrying the required license upon his person except on premises owned by him or his immediate family. Any person violating any of the provisions of this Section shall be guilty of a misdemeanor and punished as provided by law."
An Amendment by Mr. Floyd of the 7th was read and lost.
An amendment by Mr. Howard of the 101st was read and lost.
TUESDAY, JANUARY 18, 1966
175
The following amendment was read and adopted:
Lovell of the 6th moves to amend HB No. 3 as follows:
By striking from the title the words "to provide that the State Game and Pish Commission may, by regulations, raise certain nonresi dent license fees;" and the words "and a Special Mountain Trout License".
By striking from the end of Section 1 the following language:
"(c) Special Mountain Trout license ..._____....._.___,,....____.. $3.00
"Provided that the Special Mountain Trout license set out in
(c) above must be obtained in addition to any other Nonresident fishing license required by this Act. Such 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."
"Provided that the Commission may, by rule or regulation, raise the amount of the nonresident trapping, hunting and fishing license fees set forth in this Section to the same amount as is required by any State geographically adjoining the State of Georgia for such nonresident trapping, hunting and fishing licenses."
and inserting in lieu thereof the following language:
"Notwithstanding the other provisions of this Act any non residents fishing for Mountain Trout must have a valid nonresi dents yearly fishing license or a valid temporary five-day fishing license regardless of his age."
By unanimous consent, the Clerk was directed to change the words in the last line of the above amendment from "three-day fishing license" to "five-day fishing license."
The following amendment was read and adopted :
Messrs. Brackin of the 87th, Smith of the 85th and Busbee of the 79th move to amend HB No. 3 as follows:
By striking from the title the word "three" and inserting in lieu thereof the word "five".
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JOURNAL OF THE HOUSE,
By striking from the language quoted as Section 30 in Section 1 of said bill the word "three" and inserting in lieu thereof the word "five".
By adding at the end of the language quoted as Section 31 in Section 2 of said bill the following:
"All sport fishing licenses issued under the provisions of this section and Section 30 hereof, shall entitle the holder thereof to sport fish in any of the fresh or salt waters of this State, but in the latter case, only within the three mile limit."
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 122, nays 17.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following members of the House requested that their names be recorded as voting "nay" on HB 3:
Messrs. Irvin of the llth, Paris of the 23rd, Abney of the 1st, Smith of the 54th.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and recommitted to the Committee on Highways:
HB 105. By Mrs. Hamilton of the 137th, Messrs. Gates of the 123rd and Adams of the 125th:
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 business for the reasonable and necessary moving expenses caused by their displacement from real property acquired for such project; and for other purposes.
Mr. Williams of the 16th, 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
90. Do Pass.
TUESDAY, JANUARY 18, 1966
177
HB 126. Do Pass. HB 114. Do Pass. HB 111. Do Pass.
Respectfully submitted, Williams of the 16th, Chairman.
Mr. Etheridge of the 123rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:--
Your Committee on Special Judiciary has had under consideration the follow ing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB
35. Do Pass by Substitute.
HB
38. Do Pass.
HB
50. Do Pass.
HB
68. Do Pass.
HB
97. Do Pass.
HB 104. Do Pass.
HB 128. Do Pass.
Respectfully submitted, Etheridge of the 123rd, Chairman.
Mr. Bagby of the 21st District, 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
55. Do Pass.
HB
92. Do Pass.
HR 21- 44. Do Pass.
HB
4. Do Pass, as Amended.
HB
5. Do Pass, as Amended.
Respectfully submitted, Bagby of 21st,
Chairman.
Mr. Bagby of the 21st moved that the House do now adjourn until 12:30 o'clock tomorrow afternoon and the motion prevailed.
The Speaker announced the House adjourned until 12:30 o'clock, tomorrow afternoon.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Wednesday, January 19, 1966.
The House met pursuant to adjournment at 12:30 o'clock, P.M., this day and was called to order by the Speaker Pro Tern.
Prayer was offered by Rev. L. E. Williams of Brunswick, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 129. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act establishing the City Court of Reidsville, so as to change the method of compensating the solicitor, clerk and the sheriff of said court; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, JANUARY 19, 1966
179
HB 130. By Messrs. Dailey of the 66th, Howell of the 86th, Fulford of the 67th, Jordan of the 78th and Brackin of the 87th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the solicitor general of the Pataula Judiical Circuit, so as to increase the compensation of the solicitor general of the Pataula Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.
HB 131. By Messrs. Vaughan and Harris of the 14th, Dean of the 20th, Minge and Lowrey of the 13th:
A Bill to be entitled an Act to amend an Act providing for the regulation and licensing of the business of selling or issuing checks or similar payment paper, so as to provide that State Chartered Savings and Loan Associations, regulated and operated under the supervision of the Secre tary of State may issue and sell money orders for the payment and transmission of money in the same manner as a bank; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 132. By Messrs. Longino of the 122nd, Gates of the 123rd, Sims of the 131st, Carnes of the 129th and others: A Bill to be entitled an Act to provide a new charter for the City of Palmetto in Fulton and Coweta Counties; and for other purposes.
Referred to the Committee on Local Affairs.
HR 78-132. By Mr. Williams of the 82nd: A Resolution authorizing the conveyance of certain tracts of stateowned property to the City of Douglas; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 79-132. By Mr. Russell of the 92nd: A Resolution compensating W. B. Garrison as Clerk of the Commis sioners of Roads and Revenues of Thomas County and Mr. W. L. Whit tle, Sr.; and for other purposes.
Referred to the Committee on Appropriations.
HR 80-132. By Mr. Irvin of the llth: A Resolution proposing an amendment to the Constitution so as to au thorize the County Board of Education of Habersham County to borrow funds and pledge certain building funds to the payment thereof; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 133. By Messrs. Howard of the 101st, Abney, Hale and Snow of the 1st, Harris of the 85th, Henderson of the 102nd and others:
A Bill to be entitled an Act to amend Code Section 30-209, to provide that alimony payments to the wife shall cease on her remarriage; and for other purposes.
Referred to the Committee on Judiciary.
HB 134. By Messrs. Lane and Nessmith of the 64th, Parker of the 55th, Newton of the 50th and Webb of the 65th:
A Bill to be entitled an Act to amend an Act relating to 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 re quired of a solicitor general by said Act; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 135. By Messrs. Spillers of the 37th, Marshall of the 39th, Grahl of the 52nd, Lambros of the 130th, Tucker of the 36th and others:
A Bill to be entitled an Act to amend an Act to provide for homesteads exempt from certain taxation, 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 Judiciary.
HR 84-135. By Mr. Spillers of the 37th: A Resolution compensating Walker C. Harris; and for other purposes.
Referred to the Committee on Appropriations.
HR 85-135. By Mr. Dickinson of the 27th:
A Resolution proposing an amendment to the Constitution, so as to create an industrial development authority for the City of Douglasville and Douglas County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 136. By Mr. Etheridge of the 123rd:
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 Special Judiciary.
WEDNESDAY, JANUARY 19, 1966
181
HB 137. By Mr. Overby of the 16th:
A Bill to be entitled an Act to amend an Act approved March 29, 1937, known as the "Unemployment Compensation Law", by modifying the benefit tables to provide increased weekly benefit amounts and the qualifications and eligibility for benefits; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 138. By Messrs. Harrington and Chandler of the 47th and Fulford of the 67th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of drivers' licenses, so as to provide for the issuance of honorary driver licenses to members and former members of the National Guard who have twenty or more years creditable service therein; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 86-138. By Messrs. Chandler and Harrington of the 47th: A Resolution compensating Benjamin Clinton Tanner; and for other purposes.
Referred to the Committee on Appropriations.
HR 87-138. By Messrs. Chandler and Harrington of the 47th: A Resolution authorizing the leasing of a certain tract of State-owned property; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 139. By Mr. Lee of the 79th: A Bill to be entitled an Act to amend Code Chapter 38-4, relating to the principles and rules governing the admission of testimony, so as to provide that in all criminal trials in this State the accused shall be competent, but not compellable, to testify as a witness in his own behalf; and for other purposes.
Referred to the Committee on Judiciary.
HB 140. By Mr. Murphy of the 26th: A Bill to be entitled an Act to amend Section 105-2012 of the Code of Georgia of 1933, which section provides for the right of contribution among several trespassers, so as to provide for the right of contribution where the several trespassers are not jointly sued; and for other purposes.
Referred to the Committee on Judiciary.
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JOURNAL OP THE HOUSE,
HB 141. By Mr. Harris of the 118th:
A Bill to be entitled an Act to amend an Act creating the Claims Ad visory Board, so as to clarify the prohibition against a member of the Claims Advisory Board or any member of the General Assembly, or any State official or employee receiving any fee, money, gift or any other thing of value in connection with any claim; and for other purposes.
Referred to the Committee on Judiciary.
HB 142. By Mr. Lambert of the 38th:
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, as amended, so as to provide for the expiration of all driver licenses on the birth date of that year in which the age of the licensee is evenly divisible by five; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 143. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A Bill to be entitled an Act to repeal Section 95-1715 of the official Code of Georgia of 1933, so as to provide for the condemnation of rightsof-way by permitting condemnation of property for State-aid road purposes and by permitting condemnation for borrow pits, and by per mitting condemnation for drainage ditches; and for other purposes.
Referred to the Committee on Highways.
HB 144. By Messrs. Carr and Rowland of the 48th:
A Bill to be entitled an Act to amend, consolidate and supersede the previous acts relating to the incorporation of the town of Harrison and to provide a new charter therefor; and for other purposes.
Referred to the Committee on Local Affairs.
HB 145. By Messrs. Smith of the 85th and Rowland of the 48th:
A Bill to be entitled an Act to amend Code Chapter 88-17, relating to vital records, so as to provide that a test for phenylketonuria shall be administered to every infant of 28 days or less; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 146. By Messrs. Smith of the 85th, Smith of the 114th and Drew of the 116th:
A Bill to be entitled an Act to amend Georgia Code Section 13-9933, which prohibits the making or delivery of a worthless check, draft or
WEDNESDAY, JANUARY 19, 1966
183
order for the payment of money, as amended, so as to provide that whenever the money, good, other property of value, wages or salary obtained has a value in excess of $50.00, then the crime shall constitute a felony; 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 107. By Mr. Longino of the 122nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fairburn, so as to extend the City Limits; and for other purposes.
HB 108. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act establishing the City Court of Reidsville, so as to increase the compensation of the judge; and for other purposes.
HB 109. By Mr. Dean of the 20th: A Bill to be entitled an Act to amend an Act prohibiting the throwing or depositing of trash, garbage or other substances upon the pubilc roads or public property of this State, so as to change the penalty for throwing or depositing any substances upon the public roads or property of this State; and for other purposes.
HB 110. By Messrs. Bean of the 119th, Lee and Busbee of the 79th, and Harris of the 118th: A Bill to be entitled an Act to amend Code Chapter 23-11 relating to the office of county surveyor, so as to provide certain qualifications for the position of county surveyor; and for other purposes.
HR 61-110. By Mrs. Merritt of the 68th: A Resolution petitioning the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitu tion of the United States; and for other purposes.
HR 62-110. By Mr. Dean of the 20th: A Resolution amending a Resolution, authorizing the conveyance of certain real property, owned by the State Highway Department, and located in East Point, Georgia, so as to provide that the proceeds there from shall be paid to the Treasurer of the State Highway Department; and for other purposes.
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JOURNAL OF THE HOUSE,
HE 63-110. By Mr. Holder of the 70th: A Resolution compensating Mrs. Ola Burch; and for other purposes.
HR 64-110. By Mr. Carnes of the 129th: A Resolution compensating W. H. Paradise; and for other purposes.
HB 111. By Mrs. Merritt of the 68th; Messrs. Lambert of the 38th, Williams of the 16th, Gary and Harrell of the 35th, Johnson of the 40th, Mitchell of the 3rd and others:
A Bill to be entitled an Act to amend Code Section 68-214 relating to motor vehicle license plates and their description, so as to require that the faces of license plates shall be treated with a reflective material in order to reduce road accidents and improve the visibility and legibility of license plates after dark; and for other purposes.
HB 112. By Mrs. Hamilton of the 137th, Messrs. Cook and Etheridge of the 123rd, McClatchey of the 138th, Carnes of the 129th and others:
A Bill to grant to the incorporated municipalities of this State certain basic powers, including certain powers to require the repair, closing or demolition of certain dwellings, buildings or structures; and for other purposes.
HB 113. By Messrs. Brinkley of the 112th, Bedgood of the 29th and Starnes of the 13th:
A Bill to be entitled an Act to amend Code Chapter 88-16, so as to provide that a test for phenylketonuria be administered to all infants; and for other purposes.
HR 69-113. By Mrs. Hamilton of the 137th, Messrs. Cook and Etheridge of the 123rd, Egan of the 141st, Brown of the 120th, McClatchey of the 138th, Carnes of the 129th and others:
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 114. By Messrs. Williams and Overby of the 16th, Lambert of the 38th, Johnson of the 40th, Peterson of the 59th 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 relating to driving while intoxicated; and for other purposes.
WEDNESDAY, JANUARY 19, 1966
185
HB 115. By Mr. Murphy of the 26th:
A Bill to be entitled an Act to amend an Act providing an annual salary for the treasurer of Haralson County, so as to increase the compensation of the treasurer of Haralson County; and for other purposes.
HB 116. By Mr. Murphy of the 26th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Haralson County, so as to in crease the salary of the Commissioner; and for other purposes.
HB 117. By Mr. Moore of the 12th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues in the County of Stephens, so as to change the terms of office of the commissioners; and for other purposes.
HB 118. By Mr. Moore of the 12th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Stephens County upon an annual salary, so as to increase the allotment of county funds for the purpose of compensating personnel within his office; and for other purposes.
HB 119. By Mr. Moore of the 12th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Stephens County upon an annual salary, so as to increase the allot ment to the ordinary for the purpose of compensating personnel within his office; and for other purposes.
HB 120. By Messrs. Wells of the 30th and Ross of the 31st:
A Bill to be entitled an Act to make it unlawful for any person to operate any vehicle on any public road, street, or highway in this State, while transporting any type of material (gravel, rock, stone, etc.), which may become dislodged from such vehicle, unless same is covered or enclosed so as to prevent any such material from spilling or being dislodged from such vehicle; and for other purposes.
HB 121. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend Code Section 30-209, so as to provide that alimony payments to the wife shall cease on her remar riage; and for other purposes.
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JOURNAL OP THE HOUSE,
HB 122. By Messrs. Brinkley and Jones of the 112th:
A Bill to be entitled an Act to amend an Act providing that no judg ment, decree, or order of any court shall affect the title to real property until said judgment, decree, or order is recorded, so as to provide that the provisions of this Act shall also apply to writs handed down pur suant to any such judgment; and for other purposes.
HE 71-122. By Messrs. Smith and Mitchell of the 3rd:
A Resolution compensating Mrs. Patricia Nell Boswell; and for other purposes.
HR 72-122. By Mr. Overby of the 16th:
A Resolution compensating Mrs. Florence Euline Roberts; and for other purposes.
HR 73-122. By Messrs. Wilson and Henderson of the 102, Howard and McDaniell of the 101st:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to establish a county manager form of county government, without regard to uniformity, for Cobb County; and for other purposes.
HB 123. By Messrs. Odom, Busbee and Lee of the 79th:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts, Emeritus, so as to provide a limitation on the amount of funds which may be received by such judges; and for other purposes.
HB 124. By Mr. Wells of the 30th:
A Bill to be entitled an Act to abolish the present system of compensat ing the Sheriff of Oglethorpe County, known as the fee system, and to provide in lieu thereof an annual salary for the Sheriff; and for other purposes.
HR 76-124. By Mr. Lambert of the 38th:
A Resolution proposing an amendment to the Constitution so as to provide for an additional two members of the Board of Education of Morgan County; and for other purposes.
HR 77-124. By Messrs. Oglesby of the 92nd, Simkins of the 106th, DeLong of the 105th, Gaissert of tha 34th, Mauldin of the 18th and others:
A Resolution proposing an amendment to the Constitution so as to provide for the election of judges of the Superior Courts and solicitors general by the electors of their judicial circuits; and for other purposes.
WEDNESDAY, JANUARY 19, 1966
187
HB 125. By Mr. Lambert of the 38th:
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 126. By Messrs. Johnson of the 40th, Mitchell of the 3rd, Anderson of the 71st, Matthews of the 94th, Williams of the 16th 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 require certain motor vehicles employed by the Department of Public Safety for the purpose of traffic enforcement to be marked and equipped with certain uni form fixtures; and for other purposes.
HB 127. By Mr. Dean of the 20th:
A Bill to be entitled an Act creating the offices of the State Highway Board, so as to authorize payment of subsistence in an amount not to exceed $1.25 per day in addition to other compensation to certain employees of the State Highway Department assigned to residences where such subsistence allowance is necessary to assist in staffing areas where there is a shortage of competent personnel, in order to minimize the possibility of losing Federal funds; and for other pur poses.
HB 128. By Messrs. Caldwell of the 51st, Doster of the 73rd, Colwell of the 5th, Rowland of the 48th, Dailey of the 66th, Bagby of the 21st, Overby of the 16th and others:
A Bill to be entitled an Act to provide for placing the clerks of the superior courts upon an annual salary; 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 17. By Senator Ballew of the 50th: A Bill to change the terms of the Superior Court of Fannin County; and for other purposes.
SB 18. By Senator Ballew of the 50th: A Bill to change the terms of the Superior Court of Pickens County; and for other purposes.
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The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate, to-wit:
SR 17. By Senator Kendrick of the 32nd:
A Resolution commending the Lockheed-Georgia Corporation; and for other purposes.
SR 20. By Senators Pennington of the 45th and Broun of the 46th:
A Resolution relative to televising the Georgia-Georgia Tech Football Game; and for other purposes.
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the House, to-wit:
HR 65. By Messrs. Brown of the 135th, Etheridge of the 123rd and Hood of the 124th:
A Resolution extending sincerest congratulations to Dr. James Philip Brawley; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 18. By Senator Ballew of the 50th:
A Bill to be entitled an Act to change the terms of the Superior Court of Pickens County; and for other purposes.
Referred to the Committee on Local Affairs.
SB 17. By Senator Ballew of the 50th:
A Bill to be entitled an Act to change the terms of the Superior Court of Fannin County; and for other purposes.
Referred to the Committee on Local Affairs.
Mr. Brinkley of the 112th District, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the followings 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 12. Do Pass. HB 13. Do Pass.
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189
HB 22. Do Pass.
HB 23. Do Pass by Substitute.
HB 40. Do Pass.
HB 61. Do Pass.
HB 62. Do Pass.
HB 64. Do Pass. HB 65. Do Pass. HB 67. Do Pass. HB 69. Do Pass. HB 70. Do Pass. HB 71. Do Pass. HB 80. Do Pass. HB 86. Do Pass as Amended. HB 87. Do Pass. HB 88. Do Pass. HB 89. Do Pass. HB 91. Do Pass. HB 93. Do Pass. HB 94. Do Pass. HB 95. Do Pass. HB 99. Do Pass. HB 100. Do Pass. HR 42-55. Do Pass. HR 43-71. Do Pass. HR 52-88. Do Pass. HR 58-97. Do Pass. HR 59-97. Do Pass. HR 60-99. Do Pass.
Respectfully submitted, Brinkley of the 112th, Chairman.
Mr. Harris of the 118th District, 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 34. Do Not Pass.
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HB 58. Do Not Pass.
HB 17. Do Pass by Substitute.
Respectfully submitted, Harris of the 118th, Chairman.
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 12. By Messrs. Lambros of the 130th. Levitas of the 118th, McClatehey of the 138th 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 office of the President of the Board of Aldermen; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 13. By Messrs. Lambros of the 130th, Dillon of the 128th, Hood of the 124th, McClatehey of the 138th and others: A Bill to be entitled an Act establishing a Municipal Court of the City of Atlanta, so as to provide for a standard and uniform cost bill; and for other purposes.
The report 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 22. By Mr. Mauldin of the 18th: A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Franklin County, known as the fee system; and for other purposes.
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191
The report 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 23. By Mr. Mauldin of the 18th:
A Bill to be entitled an Act to amend an Act incorporating the City of Royston, so as to provide that all members of the Council shall be elected from the city at large, in lieu of by wards; and for other pur poses.
The following Committee substitute to HB 23 was read and adopted:
A BILL
To be entitled an Act to amend an Act incorporating the City of Royston, approved August 24, 1905 (Ga. Laws 1905, p. 1119), as amended, particularly by an Act approved August 18, 1913 (Ga. Laws 1913, p. 1139), and an Act approved January 4, 1956 (Ga. Laws 1956, p. 2556), so as to provide that all members of the Council shall be elected from the city at large, in lieu of by wards; to provide the pro cedure connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act incorporating the City of Royston, approved August 24, 1905 (Ga. Laws 1905, p. 1119), as amended, particularly by an Act approved August 18, 1913 (Ga. Law 1913, p. 1139), and an Act ap proved January 4, 1956 (Ga. Laws 1956, p. 2556), 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. The first election to elect city officials, which is to be held in said city after the approval of this Act, shall be on the first Wednesday in December, 1966, at which election a Mayor shall be elected to serve a term of two years to succeed the pres ently incumbent Mayor, whose term expires on the first Monday in January, 1967; three Councilmen from the city at large shall be elected to serve a term of two years each to succeed the presently incumbent Councilmen, whose terms expire on the first Monday in January, 1967. Biannually, on the first Wednesday in December, after said election on said first Wednesday in December, 1966, a
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Mayor and three Councilman shall be elected to serve a term of two years each for said city. Then, on the first Wednesday in December, 1967, the second election to elect city officials, which is to be held in said city after the approval of this Act, shall be held, at which election three Councilmen from the city at large shall be elected to serve a term of two years each to succeed the presently incumbent Councilmen, whose terms expire on the first Monday in January, 1968. Biannually, on the first Wednesday in December, after said election, on the first Wednesday in December, 1967, three Councilmen shall be elected to serve a term of two years each for said city. All elections shall be held at the city hall or other place designated in said city by Mayor and Council, and shall be held between the hours of 7:00 o'clock A.M. and 6:00 P.M. and shall be secret ballot. The person receiving the highest number of votes for the office of Mayor shall be elected as Mayor and the three persons receiving the highest number of votes for the office of Councilman shall be elected Councilmen. In case of a tie between two or more candidates in any election for Mayor or Councilmen, or either of them, a new election as between candidates thus tied shall be ordered by the Mayor and Council within ten (10) days after the official result of said election has been filed with the city clerk by the election managers, and the person receiving the highest number of votes in said new election shall be declared duly elected. Said elections shall be under the management and control of a justice of the peace, who may or may not be a resident of said city, and two freeholders residents of said city, or three free holders residents of said city, which said justice of the peace and freeholders residents shall be elected by the Mayor and Councilmen then in office in said city to manage said election. The managers of said election shall receive such compensation as may be agreed upon by said Mayor and Council. Said elections, together with all
other elections held in said city for any purpose, shall be held
under the same rules and regulations as prescribed by law for hold
ing elections for members of the General Assembly of Georgia,
insofar as said rules are applicable and not in conflict with 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, 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.
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193
HB 40. By Messrs. Melton and Gaissert of the 34th:
A Bill to be entitled an Act to amend the Charter of the City of Grif fin, relating to the Commissioner's 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 61. By Mr. Watkins of the 9th:
A Bill to be entitled an Act to amend an Act creating a County Com missioner of Roads and Revenues and an Advisory Board of Gilmer 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.
HB 62. By Mr. Watkins of the 9th: A Bill to be entitled an Act to amend an Act creating the Office of Commissioner of Roads and Revenues of Pickens County, so as to change the compensation of 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.
HB 64. By Mr. Watkins of the 9th: A Bill to be entitled an Act to abolish the present method of com pensating the sheriff of Gilmer County, known as the fee system; and for other purposes.
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The report of the Committee, which was favorahle 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 65. By Mr. Watkins of the 9th:
A Bill to be entitled an Act to abolish the present method of compensat
ing the sheriff of Pickens 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 67. By Mr. Dorminy of the 72nd:
A Bill to be entitled an Act to amend an Act amending and revising the Charter for the City of Fitzgerald; and for other purposes.
The report 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. Rush of the 75th:
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 Tattnall, so as to change the compensation of the commissioner; and for other purposes.
, The report of the Committee, which was favorahle 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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195
HB 70. By Mr. Rush of the 75th:
A Bill to he entitled an Act to abolish the present mode of compensat ing the Clerk of Superior Court of Tattnall 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 71. By Mr. Rush of the 75th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Tattnall 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 80. By Mr. Wells of the 30th:
A Bill to be entitled an Act to fix the terms of the Superior Court of Oglethorpe 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.
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HB 86. By Messrs. Cook of the 123rd, Carnes of the 129th and others:
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; and for other purposes.
The following Committee amendment was read and adopted:
Local Affairs Committee moves to amend HB 86 by adding the word "Northern" after the word "the" in the 6th line of Section 2 and by striking the word "DeKalb" after the word "and" in the 12th line of Section 2 and substituting the word "Gwinnett".
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.
Mr. Hawkins of the 139th asked that his name be recorded as voting "nay" on the above Bill.
HB 87. By Mr. Johnson of the 40th:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the town of Bearing, in McDuffie County", so as to increase the term of office of the mayor and councilmen; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 88. By Mr. Johnson of the 40th: A Bill to be entitled an Act to amend an Act amending, consolidating and superseding previous acts relating to the incorporation of the City
WEDNESDAY, JANUARY 19, 1966
197
of Thompson, so as to change the procedure for the sale of property belonging to the City; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 89. By Messrs. Matthews and Newton of the 94th: A Bill to be entitled an Act to amend an Act of the legislature relative to Colquitt County compensation of sheriff, so as to change the com pensation of the sheriff 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 91. By Messrs. Richardson of the 116th, Powers of the 113th and others: A Bill to be entitled an Act to amend an Act revising and consolidating the several Acts relating to and incorporating the Town of Warsaw in Chatham County, and changing name to the Town of Thunderbolt, relating to municipal elections and polls; and for other purposes.
The report 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 93. By Mr. Lea of the 126th: A Bill to be entitled an Act to amend an Act to incorporate the City of Hapeville; to extend the city limits of Hapeville; to give said City of Hapeville jurisdiction beyond the corporate limits; and for other purposes.
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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 94. By Mr. Games of the 129th: 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 provide the compensation of the First Assistant Solicitor-General and Trial Assist ant; and for other purposes.
The report 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 95. By Mr. Games of the 129th: 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, so as to change the pro visions relative to the payment of premiums; and for other purposes.
The report 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 99. By Mr. Hawkins of the 139th: A Bill to be entitled an Act to amend an Act to create a new charter for the City of Alpharetta, by providing for the number of Council members to be elected to the City Council of said Alpharetta; 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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199
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 100. By Mr. Lea of the 126th:
A Bill to be entitled an Act to amend an Act to incorporate the City of Hapeville, so as to eliminate the benefits to a surviving spouse; and for other purposes.
The report 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.
HR 42-55. By Mr. Johnson of the 25th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Elbert County Development Authority; to provide for powers, author ity, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Elbert County in the State of Georgia to be known as the Elbert County Development Authority, which shall be an instrumentality of Elbert 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 (5) members who shall be appointed as hereinafter provided. The governing authority of Elbert County shall apopint two (2) members to the Authority, the governing authority of the City of Elberton shall appoint two (2) members to the Authority and the governing authority of the City of Bowman shall appoint one (1) member to the Authority.
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The first members appointed to the Authority by Elbert County shall be for terms of office of one (1) and four (4) years, respec tively. The first members appointed to the Authority by the City of Elberton shall be for terms of office of two (2) and three (3) years, respectively. The first member appointed to the Authority by the City of Bowman shall be for a term of office of five (5) years. Thereafter, the successors to the initial members appointed to the board shall be appointed by the respective governing author ity making the original appointment for terms of office of five (5) years and until their successors are duly appointed and qualified. Vacancies in the membership of the Authority shall be filled by the governing authority which made the appointment in which the vacancy occurs. 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 governing authority of any of the appointing authorities shall not prohibit any such member from being appointed to the Authority. Membership on the Authority 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 Elbert County. The exemption 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.
"D. The powers of the Authority shall include but shall not be limited to, the power:
"(1) To buy, acquire, accept and give options upon, develop, improve, own, operate, maintain, sell, lease, as lessor or lessee, and mortgage land, buildings, and real and personal property of all kinds within Elbert 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 Elbert 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, con vey, 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
WEDNESDAY, JANUARY 19, 1966
201
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. L. 1937, pp. 761-774), as amended, with reference to the issuance of such cer tificates or bonds and validation of same insofar as such pertain to the corporate purposes of the Authority;
"(6) To contract with Elbert 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;
"(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 development of industrial, agricultural, recreational and trade facilities in Elbert County, and to make long-range 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 structure within the limits of Elbert County suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, fabri cating plant, or any other type of structure, including all necessary and appurtenant lands and appurtenances thereto, and all neces sary or useful furnishings, machinery and equipment. Such acqui sition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing struc tures, 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 ex pansions 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 governing authority of Elbert 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 con venient to accomplish the purpose and powers of the Authority as herein stated.
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"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against Elbert County, any municipality located therein, nor the State of Georgia;
"F. The Authority shall have the same immunity and exemp tions from liability for torts and negligence as the State of Geor gia; and the officers, agents and employees of the Authority when in performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority;
"G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be au thorized by the governing authorities of Elbert County, the City of Elberton and the City of Bowman, but such compensation shall be paid from the funds of the Authority.
"H. The governing authority of Elbert 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 Elbert 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 pro vided by law, which tax shall be in addition to all other taxes authorized by law;
"I. Elbert County, the City of Elberton and the City of Bow man are authorized to appropriate to the Authority such amount from their funds each year as each respective governing authority shall determine to be appropriate, but not exceeding twenty per cent of their total receipts from business licenses for the year, and any funds so appropriated when paid to the Authority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be here after defined by law;
"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds, or in come may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.
"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Elbert County and its citizens, industry, agriculture, trade, commerce and recrea tion within Elbert County, and making of long-range plans for such development and expansion and to authorize the use of public
WEDNESDAY, JANUARY 19, 1966
203
funds of Elbert County for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;
"L. 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 Elbert County, and the scope of its operations shall be limited to the territory em braced within Elbert County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its opera tions beyond the limits of Elbert County;
"M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Author ity shall be a debt of Elbert County, the City of Elberton, or the City of Bowman, 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 Elbert 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 Elbert 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 associations 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, account ing, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary or incident to construction and/or improvements, and/or to deter mining the feasibility and/or practicability of the project, adminis trative expenses, and/or the acquisition, construction, equipping and/or operating any project or any part thereof.
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"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 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 create NO ( ) the Elbert County Development Authority?"
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 Adams Alexander Alien Anderson Bagby Barber Barfield Bedgood
Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C.
Bryant Busbee Byrd Carley Carnes Carr Chandler Clarke, H. G. Collins, J. F.
WEDNESDAY, JANUARY 19, 1966
205
Collins, M. Colwell Conger Cook Cox Crowe Dailey Daugherty Da vis Dean Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Etheridge Farrar Pulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Harrell Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Holder Hood Houston Howell Hull Hutchinson
Irvin Johnson, Dr. A. S. Johnson, B. Jones M.
Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parrish Peterson Phillips Powers
Rainey Reid Richardson Roach Ross Rowland Rush Russell Savage Sims Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thmopson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling
Ware Watkins Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bean Bowen Brantley Brown, M. P. Caldwell
Gates Clark, J. T. Conner DeLong Egan
Elliott Evensen Fleming Floyd Hale
206
Hamilton Harrington Harris, R. W. Higginbotham Hill Howard Jones, C. M. Jones, G. Paul Knight
JOURNAL OF THE HOUSE,
Lane Leonard Mitchell Nessmith, H. P. Parker Pickard Reaves Sherman Shields
Simkins Snellings Spillers Townsend Watson Westlake Mr. Speaker
On the adoption of the Resolution, the ayes were 164, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 43-71. By Mr. Rush of the 75th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the election of the members of the Board of Education of Tattnall County; 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 V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The General Assembly is authorized to provide by law for the election of the members of the Board of Education of Tattnall County by the electors thereof and to provide for all of the neces sary procedures connected therewith, including the qualifications of the members and the manner in which they shall be elected."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
WEDNESDAY, JANUARY 19, 1966
207
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 the election of
NO ( ) the members of the Board of Education of Tattnall County by the people?"
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 Adams Alexander Alien Anderson Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Carley Carnes
Carr Chandler Clarke, H. G. Collins, J. F. Collins, M. Colwell Conger Cook Cox Crowe Dailey Daugherty Davis Dean Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Etheridge
Farrar Pulford Punk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Harrell Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Holder Hood Houston Howell Hull Kutchinson
208
JOURNAL OP THE HOUSE,
Irvin Johnson, Dr. A. S. Johnson, B. Jones, M. Jordan, Ben C.
Jordan, W. H. Kiley Knapp Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas
Lewis Longino Lovell Lovett Lowrey Maddox M alone Marshall Matthews, C. Matthews, D. R. Mauldin MeClatchey McCracken McDaniell
Melton Merritt Minge
Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parrish Peterson Phillips Powers Rainey Reid Richardson Roach Ross Rowland Rush Russell Savage Sims Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T.
Smith, W. L. Snow Spikes Stalnaker Starnes Steis Stewart
Story Stovall Sullivan Sweat Taylor Thomas Thompson Thompson Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bean Bowen Brantley Brown, M. P. Caldwell
Gates Clark, J. T. Conner DeLong Egan Elliott Evensen Fleming Floyd
Hale Hamilton Harrington Harris, R. W. Higginbotham Hill Howard Jones, C. M. Jones, G. Paul Knight Lane Leonard Mitchell Nessmith, H. P.
Parker Pickard Reaves Sherman Shields Simkins Snellings Spillers Townsend Watson Westlake Mr. Speaker
On the adoption of the Resolution, the ayes were 164, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
WEDNESDAY, JANUARY 19, 1966
209
HR 52-88. By Mr. Wells of the 30th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the election of the members of the Board of Education of Oglethorpe County by the people; to pro vide for the procedure connected therewith; to provide for the appoint ment of the county school superintendent of Oglethorpe County by the Board; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution, relating to county boards of education, as amended, is hereby amended by adding at the end thereof the following:
"The Board of Education of Oglethorpe County shall be com posed of five members who shall be elected by the voters of the entire county. The terms, compensation, manner of election, time of election, method of filling vacancies, powers, duties, authority and all other matters relative to said Board, including the creation of education districts, shall be provided by law.
"The Board shall appoint the county school superintendent who shall have such qualifications, powers and duties as may be pro vided by law. The present county school superintendent of the Ogle thorpe County school system shall continue to serve until the expira tion of his term of office and until his successor is appointed and qualified.
"The General Assembly may provide by local law for all matters relative to the Oglethorpe County school system, the board of edu cation thereof, and the county school superintendent thereof. The General Assembly may provide in such local law that such pro visions of general law as deemed advisable, relative to county boards of education and county school superintendents and county school systems, shall be applicable to the system, board and superintendent created herein. Even though the system and the board and the superintendent thereof shall not replace the present system, board and superintendent until January 1, 1969 the General Assembly is hereby authorized to provide for such matters that shall be neces sary prior to that date, such as the election of members, appoint ment by the board of the superintendent and other necessary or related matters. The General Assembly is hereby authorized to amend any local law enacted pursuant to this amendment. Until such time as the necessary legislation is enacted by the General Assembly to implement this amendment, the present school system in Oglethorpe County and the offices connected therewith shall continue to exist in the same manner as if this amendment had not been ratified."
210
JOURNAL OP THE HOUSE,
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the elec-
NO ( ) tion of the members of the Board of Education of Oglethorpe County by the people and to provide for the procedure connected therewith and to provide for the appointment of the county school superintendent of Oglethorpe County by the Board?"
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 Adams Alexander Alien Anderson Bagby Barber Barfield Bedgood
Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C.
Bryant Busbee Byrd Carley Carnes Carr Chandler Clarke, H. G. Collins, J. P.
WEDNESDAY, JANUARY 19, 1966
211
Collins, M. Colwell Conger Cook Cox Crowe Dailey Daugherty Davis Dean Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Etheridge Farrar Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Harrell Harris, J. F. Harrison Hawkins Henderson Herndon Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, M. Jordan, Ben C.
Jordan, W. H. Kiley Knapp Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parrish Peterson Phillips Powers Rainey
Reid Richardson Roach Ross Rowland Rush Russell Savage Sims Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snow Spikes Stalnaker Starnes Steis Stewart
Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bean Bowen Brantley Brown, M. P. Caldwell
Gates Clark, J. T. Conner DeLong Egan
Elliott Evensen Fleming Floyd Hale
212
Hamilton Harrington Harris, R. W. Higginbotham Hill Howard Jones, C. M. Jones, G. Paul Knight
JOURNAL OF THE HOUSE,
Lane Leonard Mitchell Nessmith, P. Parker Pickard Reaves Sherman Shields
Simkins Snellings Spillers Townsend Watson Westlake Mr. Speaker
On the adoption of the Resolution, the ayes were 164, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 58-97. By Mr. Carnes of the 129th:
A RESOLUTION
Proposing an amendment to Article XI of the Constitution of the State of Georgia, so as to authorize the Commissioners of Roads and Revenues of Fulton County to regulate business and business activities in unincorporated areas of said County, and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article XI of the Constitution of the State of Georgia as heretofore amended, is further amended by inserting at the end of said Article a new paragraph which shall read as follows:
"Within the unincorporated areas of Fulton County, the Com missioners of Roads and Revenues of Fulton County shall have full power and authority to regulate business and business activi ties, except for those businesses subject to regulation by the State Public Service Commission, and to require of each person, firm or corporation (except those subject to regulation by the Public Service Commission) conducting any business or businses activities, to pay a license fee to be determined by the County Commission, for each business or classification thereof."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro-
WEDNESDAY, JANUARY 19, 1966
213
posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia o'f 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 of Georgia authorizing Fulton County to regulate and license businesses in the unincorporated areas of Fulton County.
"Against ratification of amendment to the Constitution of Georgia authorizing Fulton County to regulate and license busi nesses in the unincorporated areas of Fulton County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock
Brackin Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Carley Games Carr Chandler Clarke, H. G. Collins, J. F. Collins, M.
Colwell Conger Cook Cox Crowe Dailey Daugherty Davis Dean Dickinson Dillon Dixon Dollar Dorminy
214
JOURNAL OF THE HOUSE,
Doster Drew Duncan Etheridge Farrar Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Harrell Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S.
Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parrish Peterson Phillips Powers Rainey Reid Richardson Roach Ross
Rowland Rush Russell Savage Sims Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bean Bowen Brantley Brown, M. P. Caldwell Cates Clark, J. T. Conner DeLong Egan
Elliott Evensen Fleming Floyd Hale Hamilton Harrington Harris, R. W. Higginbotham Hill
Howard Jones, C. M. Jones, G. Paul Knight Lane Leonard Mitchell Nessmith, H. P. Parker Pickard
Reaves Sherman Shields Simkins
WEDNESDAY, JANUARY 19, 1966
215
Snellings Spillers Townsend Watson
Westlake Mr. Speaker
On the adoption of the Resolution, the ayes were 164, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 59-97. By Mr. Carnes of the 129th:
A RESOLUTION
Proposing an amendment to Article XI of the Constitution of the State of Georgia, so as to authorize the Commissioners of Roads and Revenues of Fulton County to operate sanitary landfills within the unincorporated areas of said County, and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article XI of the Constitution of the State of Georgia as heretofore amended, is further amended by inserting at the end of said Article a new paragraph which shall read as follows:
"Within the unincorporated areas of Fulton County, the Com missioners of Roads and Revenues of Fulton County shall have full power and authority to operate sanitary landfills for the purpose of providing a public dump, and for the disposal of garbage, refuse, and industrial and construction waste."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution of Georgia authorizing Fulton County, in unincorporated areas, to operate sanitary landfills, and provide for the disposal of garbage, refuse, and waste.
216
JOURNAL OF THE HOUSE,
"Against ratification of amendment to the Constitution of Georgia authorizing Pulton County, in unincorporated areas, to operate sanitary landfills, and provide for the disposal of garbage, refuse, and waste."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Carley Carnes Carr Chandler
Clarke, H. G. Collins, J. F. Collins, M. Colwell Conger Cook Cox Crowe Dailey Daugherty Davis Dean Dickinson Dillon Dixon Dollar Dorniiny Doster Drew Duncan Etheridge Farrar Fulford Funk Gaissert
Gary Gaynor Gignilliat Grahl Grier Hadaway Harrell Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, M. Jordan, Ben C. Jordan, W. H.
WEDNESDAY, JANUARY 19, 1966
217
Kiley Knapp Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy
NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parrish Peterson Phillips Powers Rainey Reid Richardson Roach Ross Rowland Rush Russell Savage Sims Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snow
Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bean Bo wen Brantley Brown, M. P. Caldwell Gates Clark, J. T. Conner DeLong Egan Elliott Evensen Fleming Floyd
Hale Hamilton Harrington Harris, R. W. Higginbotham Hill Howard Jones, C. M. Jones, G. Paul Knight Lane Leonard Mitchell Nessmith, P.
Parker Pickard Reaves Sherman Shields Simkins Snellings Spillers Townsend Watson Westlake Mr. Speaker
On the adoption of the Resolution, the ayes were 164, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
218
JOURNAL OF THE HOUSE,
HR 60-99. By Mr. Carnes of the 129th:
A RESOLUTION
A Resolution proposing an amendment to Article XI of the Con stitution, so as to authorize the Commissioners of Roads and Revenues of Fulton County to conduct recreational activities in certain cities, and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article XI of the Constitution as heretofore amended, is further amended by inserting at the end of said Article a new paragraph which shall read as follows:
"The Commissioners of Roads and Revenues of Fulton County shall have the power and authority to conduct recreational pro grams in cities of said county having a population of not more than 5,000 persons, according to the last or any future Federal Census, provided, the City in which said program is conducted shall bear at least one-half (%) of the total cost of said program, and, provided further, the cost to Fulton County in any one year for the program conducted in any such city shall not exceed the sum of Five Thousand ($5,000.00) Dollars."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize Fulton County to engage in recreational activities in cities of not more than 5,000 persons.
"Against ratification of amendment to the Constitution so as to authorize Fulton County to engage in recreational activities in cities of not more than 5,000 persons."
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.
WEDNESDAY, JANUARY 19, 1966
219
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney
Adams Alexander Alien Anderson Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Carley Carnes Carr Chandler Clarke, H. G. Collins, J. F. Collins, M. Colwell Conger Cook Cox Crowe Dailey Daugherty Davis
Dean Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Etheridge Farrar Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Harrell Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B.
Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell
Lovett Lowrey
Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L.
220
Odom Oglesby Otwell Overby Pafford Palmer Paris Parrish Peterson Phillips Powers Rainey Reid Richardson Roach Ross Rowland Rush Russell
JOURNAL OF THE HOUSE,
Savage Sims Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas
Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bean Bowen Brantley Brown, M. P. Caldwell Gates Clark, J. T. Conner DeLong Egan Elliott Evensen Fleming Floyd
Hale Hamilton Harrington Harris, R. W. Higginbotham Hill Howard Jones, C. M. Jones, G. Paul Knight Lane Leonard Mitchell Nessmith, P.
Parker Pickard Reaves Sherman Shields Simkins Snellings Spillers Townsend Watson Westlake Mr. Speaker
On the adoption of the Resolution, the ayes were 164, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Mr. Melton of the 34th served notice that at the proper time he would move that the House disagree to the report of the Committee which was unfavorable to the passage of the following Bill:
HB 34. By Messrs. Melton and Gaissert of the 34th:
A Bill to be entitled an Act to provide that it shall be unlawful for a person to incite or encourage demonstrations in which the total number
WEDNESDAY, JANUARY 19, 1966
221
of demonstrators shall exceed the total number of law enforcement officers in a municipality or exceed % of the total strength of the Geor gia State Patrol in unincorporated areas; and for other purposes.
The Bill was placed on the Calendar for the purpose of disagreeing with the report of the Committee.
Mr. Lovett of the 60th arose to a point of personal privilege and addressed the House.
Mr. Murphy stated that his name had inadvertently been placed on HB 6 and asked that the Clerk be instructed to remove his name from same.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 38. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Chapter 109A-10, relating to the Uniform Commercial Code, so as to provide for the specific repeal of certain laws concerning the law of negotiable 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 as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Barber Barfield Bedgood Bennett Berry Black Blair
Blalock Bowen Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley
Carnes Gates Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Cook Crowe Dailey Daugherty Davis
222
JOURNAL OF THE HOUSE,
Dillon Dixon Dollar Dorminy Drew Duncan Elliott Evensen Farrar Fulford Funk Gaissert Gaynor Gignilliat Grier Hadaway Harrell Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Hill Holder Hood Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Knight Lambert Lambros
Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin McCracken Melton Merritt Minge Mixon Moore, Don C. NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford
Parker Parrish Peterson Phillips Pickard Powers Reaves Reid Richardson Roach
Ross Rowland Rush Russell Shields Sims Smith, A. B. Smith, J. R. Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Walling Ware Watkins Watson Webb Wells Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bagby Bean Brantley Carr Chandler Clarke, H. G. Conner Cox Dean DeLong Dickinson Doster Egan
Etheridge Fleming Floyd Gary Grahl Hale Hamilton Harrington Higginbotham Houston Howard Howell Hull
Jones, G. Paul Jordan, W. H. Knapp Land Lane Leonard Matthews, D. R. McDaniell Mitchell Moore, J. H. Murphy Nessmith, P. Palmer
Paris Rainey Savage Sherman Simkins
WEDNESDAY, JANUARY 19, 1966
223
Smith, G. L. II Smith, V. T. Snellings Townsend Vaughn, C. R.
Westlake Williams, G. J. Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 55. By Mr. Richardson of the 116th:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the levy of a motor fuel tax and certain exemptions therefrom; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams
Alexander Alien Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blair Brackin Brinkley
Brown, B. D. Brown, C.
Brown, M. P. Bryant Busbee
Byrd Caldwell
Carley Games
Gates Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Crowe Dailey Daugherty Davis Dickinson Dillon
Dixon Dollar
Doster Drew Duncan
Etheridge Evensen
Farrar Fulford
Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harris, J. F. Harris, J. R. Harris, R. W. Harrison
Hawkins Herndon
Higginbotham Hill Holder
Hood Howard
224
JOURNAL OF THE HOUSE,
Howell Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, M. Jordan, Ben C. Kiley Knight Lambert Lambros Land Lea, F. R. Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Malone Marshall Matthews, C. McClatchey McCracken McDaniell Melton Minge
Mixon Moore, Don C. NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Parker Parrish Peterson Phillips Pickard Powers Reaves Reid Richardson Roach Rowland Rush Russell Savage Sims Smith, A. B. Smith, J. R. Smith, V. T.
Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Stewart Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Webb Wells Wiggins Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Blalock Brantley Dorminy Paris
Ross Shields Story Stovall
Those not voting were Messrs.:
Anderson Bowen
Carr Chandler Conner Cook Cox
Dean DeLong Egan Elliott Fleming Floyd Gary Hale Harrington
Henderson Houston Hull Jones, C. M. Jones, G. Paul Jordan, W. H. Knapp Lane Lee, W. J. (Bill) Leonard Maddox Matthews, D. R. Mauldin Merritt Mitchell Moore, J. H.
Taylor Watson
Murphy Nessmith, P. Palmer Rainey Sherman Simkins Smith, G. L. II Snellings Townsend Tucker Westlake Williams, G. J. Wilson, J. M. Mr. Speaker
WEDNESDAY, JANUARY 19, 1966
225
On the passage of the Bill, the ayes were 148, nays 10.
The Bill, having received the requisite constitutional majority, was passed.
HB 50. By Mr. Sweat of the 83rd:
A Bill to be entitled an Act to amend Code Section 27-101, relating to rewards offered by the Governor for the arrest of felons, so as to in crease the reward which may be offered by the Governor in capital felonies; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Anderson Barber Barfield Bean Bedgood Bennett Berry Black Blair Brantley Brinkley Brown, M. P. Bryant Busbee Byrd Carley Carnes Carr Clarke, H. G. Clark, J. T. Collins, J. P. Colwell Crowe Dailey Daugherty
Da vis DeLong Dickinson Dillon Dixon Dorminy Doster Drew Duncan Elliott Etheridge Parrar Fleming Fulford Funk Gaissert Gaynor Gignilliat Grahl Hadaway Hamilton Harrell Harris, J. P. Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham
Hill Holder Howell Hutchinson Irvin Johnson, Dr. A. S. Jones, M. Kiley Knapp Knight Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovett Lowrey Malone Matthews, C. Mauldin McClatchey McCracken McDaniell Merritt Minge Mitchell Mixon Moore, Don C. Murphy
226
NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford Palmer Paris Parrish ( Peterson Philliipa. Powers Reaves Reid Richardson Roach Ross Rowland Rush Russell
JOURNAL OF THE HOUSE,
Savage Sherman Shields Sims Simkins Smith, A. B. Smith, G. L, II Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat
Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Wells Westlake \Vigo-ins Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Brown, B. D. Grier
Hood Jordan, Ben C.
Lovell
Those not voting were Messrs.:
Bagby Blalock Bo wen Brackin Brown, C. Caldwell' .
Gates Chandler Collins, M. Conger Conner Cook Cox Dean Dollar Egan Evensen
Floyd Gary Hale Harrington Harris, R. W. Houston Howard Hull Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Lambert Lambros Land Lane Lea, F. R.
Leonard Maddox Marshall Matthews, D. R. Melton Moore, J. H. Nessmith, P. Oglesby Parker Pickard Rainey Smith, V. T. Townsend Williams, G. J. Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 149, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, JANUARY 19, 1966
227
HB 90. By Messrs. Johnson of the 40th, Minge of the 13th and many others:
A Bill to be entitled an Act to repeal Code Section 68-703, relating to the maximum permissible speed for 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.
Abney Adams Alexander Alien Anderson Barber Barfield Bean Bedgood Berry Black Blair Blalock Brackin Brantley Brinkley Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Games Carr Gates Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Colwell Crowe Dailey Daugherty Davis DeLong Dickinson Dillon Dixon
Dorminy Drew Duncan Egan Elliott Etheridge Evensen Farrar Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harris, J. P. Harrison Hawkins Herndon Hill Holder Hood Howard Howell Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Knight Lea, F. R.
Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Paris Parker Parrish Phillips, G. S. Powers Reaves Reid
228
Richardson Roach Rush Russell Savage Sherman Sims Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, W. L. Snellings
JOURNAL OF THE HOUSE,
Snow Spikes Spillers Stalnaker Starnes Steis Stewart Stovall Sullivan Sweat Taylor Thomas Thompson, A. W.
Thompson, R. Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Webb Wells Williams, G. J. Wilson, R. W. Wood
Voting in the negative were Messrs. Story and Watson.
Those not voting were Messrs.:
Bagby Bennett Bowen Brown, B. D. Caldwell Chandler Conger Conner Cook Cox Dean Dollar Doster Fleming Floyd Gary Hale
Harrington Harris, J. R. Harris, R. W. Henderson Higginbotham Houston Hull Irvin Jordan, W. H. Lambert Lambros Land Lane Levitas McCracken Moore, J. H. Nessmith, P,
Palmer Peterson Pickard Rainey Ross Rowland Shields Smith, V. T. Townsend Tucker Westlake Wiggins Williams, W. M. Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 153, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 97. By Mr. Busbee of the 79th:
A Bill to be entitled an Act to amend an Act to amend an Act which comprehensively revised, superseded, and modernized appellate and other post-trial procedure in civil and criminal cases, so as to clarify the pro visions relating to the fee which the superior court clerk shall receive from the State Law Department for furnishing an exact copy of the record or appeal in capital felony cases; and for other purposes.
WEDNESDAY, JANUARY 19, 1966
229
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, C. Bryant Caldwell Carley Games Carr Clarke, H. G. Collins, J. F. Collins, M. Colwell Cook Cox Crowe Dailey Da vis DeLong Dickinson Dillon Dixon Dorminy Drew Duncan Egan Etheridge Evensen Farrar Fulford Funk Gaissert Gaynor Gignilliat Grahl
Hadaway Hamilton Harrell Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Higginbotham Hill Holder Hood Howard Howell Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Knight Lambert Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Merritt Minge Mixon
Moore, Don C. Murphy Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Reaves Reid Richardson Roach Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R.
230
: Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. "Walling
JOURNAL OF THE HOUSE,
Ware Watkins Webb Wells Westlake Wiggins
Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Anderson Bagby Barber Bowen Brantley Brown, B. D. Brown, M. P. Busbee Byrd Gates Chandler Clark, J. T. Conger Conner Daugherty Dean Dollar
Doster Elliott Fleming Floyd Gary Grier Hale Harrington Harris, R. W. Henderson Houston Hull Johnson, B. Jones, C. M. Jordan, W. H. Lambros Lane Leonard
Lovell McDaniell Mitchell Moore, J. H. NeSmith, J. D. Nessmith, P. Rainey Ross Rowland Smith, G. L. II Smith, V. T. Stalnaker Sullivan Townsend Watson Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Barber of the 24th stated that he was called from the floor of the House when the vote was taken, but had he been present, would have voted "aye" on HB 97.
HB 4. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th:
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; to define the term motor vehicle; and for other purposes.
The following Committee amendment to HB 4 was read and adopted:
The Committee on Ways & Means moves to amend HB 4 as follows:
By inserting between the words "therefor" and "or" as they appear in the first sentence of Section 4 the following:
WEDNESDAY, JANUARY 19, 1966
231
", or at the time of the first sale or transfer of the motor vehicle after December 31st,",
so that when so amended Section 4 shall read as follows:
"Section 4. Each year every owner of a motor vehicle subject to taxation under the provisions of this Act must return the same for taxation and pay the taxes due thereon at the time the owner makes application for the registration of his motor vehicle and the purchase of a license tag therefor, or at the time of the first sale or transfer of the motor vehicle after December 31st, or on the first day of April, whichever occurs first. If the owner of a motor vehicle returns his vehicle for taxation prior to the date that the application for the purchase of a license tag is required, he shall make application for the purchase of said tag at the time he returns said vehicle for taxation. If no license plate shall be required for the motor vehicle, the owner shall nevertheless return said motor vehicle for taxation as provided for herein, but no license plate need be purchased. Except as is provided for in Section 12, no license tag for any motor vehicle shall be issued by the tax collector pr tax commissioner until all ad valorem taxes due thereon have been paid."
By striking from Section 5 the phrase:
"which has not previously been registered with the State Rev enue Commissioner",
and by inserting between the words "thereon and" and "transmit to" the following:
", at the request of the purchaser,"
so that when so amended Section 5 shall read as follows:
:
"Section 5. In those instances wherein a motor vehicle shall be purchased from a seller who is required to return said vehicle for ad valorem taxation in a county other than the county of the resi dency of the purchaser, the tax collector or tax commissioner where in said motor vehicle is returned for taxation shall collect the re quired fee for the registration of said vehicle in addition to the ad valorem tax due thereon and, at the request of the purchaser, trans mit to the tax collector or tax commissioner of the county of the purchaser's residency said fee and the application for registration along with an appropriate certificate which shall indicate that all ad valorem taxes due thereon have been paid. Upon receipt of said fee and documents, the tax collector or tax commissioner of the county of the purchaser's residency shall issue the required license tag."
The following amendment by Mr. Hale of the 1st was read and adopted:
232
JOURNAL OF THE HOUSE,
Hale of the 1st moves to amend HB 4 as follows:
By inserting in the last sentence of Section 4 between the words "taxes" and "due" the words "which become" and between the words "thereon" and "have" the words "on or after January 1, 1967,", so that when so amended the last sentence of Section 4 shall read as fol lows:
"Except as is provided for in Section 12, no license tag for any motor vehicle shall be issued by the tax collector or tax commis sioner until all ad valorem taxes which become due thereon on or after January 1, 1967, have been paid."
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 Adams Alexander Alien Barber Barfield Bean Bedgood Bennett Berry Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Games Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Conger
Conner Cox Crowe Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge Farrar Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hale
Harrell Harrington Harris, J. F.
Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Higginbotham Hill Hood Houston Howard Howell Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambert Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell
WEDNESDAY, JANUARY 19, 1966
233
Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Merritt Mixon Newton, A. S. Newton, D. L. Odom Oglesby Otwell Palmer Parker Parrish Peterson
Phillips Pickard Powers Rainey Reaves Reid Richardson
Roach Ross Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, V. T. Smith, W. L. Snellings Snow Spillers
Stalnaker Starnes Steis Story Stovall Sullivan Sweat Taylor Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughn, C. R. Walling Watkins
Webb Wells Westlake Wiggins Williams, G. J. Wilson, J. M.
Those voting in the negative were Messrs.:
Anderson Bagby Black Brantley Caldwell Collins, M. Dailey
Fulford Hadaway Herndon Johnson, B. Leonard Minge Moore, Don C.
Murphy NeSmith, J. D.
Paris Rowland Smith, G. L. II Smith, J. R. Stewart
Those not voting were Messrs.:
Bowen Cook Evensen Fleming Floyd Hamilton Holder Hull Jones, C. M.
Lambros Lane Melton Mitchell Moore, J. H. Nessmith, P.
Overby Pafford Spikes
Thomas Townsend Vaughan, D. N. Ware Watson Williams, W. M. Wilson, R. W. Wood Mr. Speaker
On the passage of the Bill, as amended, the ayes were 156, nays 21.
The Bill, having received the requisite constitutional majority, was passed, as amended.
234
JOURNAL OF THE HOUSE,
The following members of the House stated that they had been called from the floor of the House when the vote was taken, but had they been present, would have voted "aye" on HB 4: Messrs. Cook of the 123rd, Lambros of the 130th, Overby of the 16th, Williams of the 16th, Wood of the 16th and Mrs. Hamilton of the 137th.
Mr. R. W. Wilson of the 109th stated that he had been called from the floor of the House at the time the roll was called, but had be been present, would have voted "nay" on HB 4.
Mr. Vaughn of the 14th stated that had he been present when the roll was called, he would have voted "nay" on HB 4.
HB 5. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th:
A Bill to be entitled an Act to amend an Act pertaining to the registra tion and licensing of motor vehicles in the counties throughout the State, so as to provide for the registration of motor vehicles and the issuance of motor vehicle license plates by the Tax Collectors or Tax Commis sioners of the various counties; and for other purposes.
The following Committee amendment was read and adopted:
Committee on Ways and Means moves to amend HB B as follows:
By striking from the second sentence of Subsection (a) which Subsection (a) is quoted in Section 3 of said bill, the phrase:
"which has not previously been registered with the State Revenue Commissioner",
and by inserting between the word "and" and "transmit" the following:
", at the request of the purchaser,", so that when so amended the second sentence of said Subsection shall read as follows:
"In those instances wherein a motor vehicle shall be purchased from a seller who is required to return said vehicle for ad valorem taxation in a county other than the county of the residency of the purchaser, the tax collector or tax commissioner wherein said motor vehicle is returned for taxation shall collect the required fee for the registration of said vehicle and, at the request of the purchaser" transmit said fee and the application for registration along with an appropriate certificate, which shall indicate that all ad valorem taxes due thereon have been paid, to the tax collector or tax com missioner of the county of the purchaser's residency, who shall issue the required license tag."
WEDNESDAY, JANUARY 19, 1966
235
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill as amended, the roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brantley Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Carnes Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Conger Cook Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dollar Dorminy Doster Drew Duncan Egan
Elliott Etheridge Farrar Floyd Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Holder Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jordan, W. H. Kiley Knapp Knight Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis
Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Merritt Mitchell Mixon Moore, Don C. Moore, J. H. Newton, A. S. Newton, D. L. Odom Oglesby Overby Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reid Richardson Roach Ross Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II
236
Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story
JOURNAL OF THE HOUSE,
Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughn, C. R. Walling
Ware Watkins Webb Wells Westlake Wigging Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Bagby Brinkley Jones, M.
Minge Murphy Rowland
Vaughan, D. N.
Those not voting were Messrs.:
Anderson Bowen Brackin Brown, B. D. Caldwell Carr Collins, M. Conner Dixon Evensen
Fleming Fulford Hadaway Hill Johnson, B. Jones, C. M. Lambert Lane Leonard Melton
NeSmith, J. D. Nessmith, P. Otwell Pafford Pickard Reaves Town send Watson Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 167, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Wilson of the 109th stated that on HB 5 his vote was inadvertently re corded as "aye", but should have been "nay".
HB 92. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
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 of the dealer for collecting, accounting for, and remitting the tax levied by said Act; and for other purposes.
WEDNESDAY, JANUARY 19, 1966
237
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Car ley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Cook Cox Crowe Dailey Daugherty Davis Dean
DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge Farrar Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Holder Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B.
Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H.
Kiley Knapp Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson
238
Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B.
JOURNAL OF THE HOUSE,
Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas
Thompson, A. W. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bo wen Even sen Fleming Higginbotham Hill Jones, C. M. Knight
Lambert Lane Leonard Melton Merritt Moore, J. H. Nessmith, P.
Ross Spillers Thompson, R. Townsend Watson Westlake Mr. Speaker
On the passage of the Bill, the ayes were 183, nays 0.
The Bill, having received the requisite constitutional majoriy, was passed.
Mrs. Merritt of the 68th stated that she voted "aye", but because of mech anical failure her vote did not record.
HB 35. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to provide the manner in which executors, administrators and trustees may satisfy certain bequests and transfers by distribution of assets in kind; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide the manner in which executors, administrators and trustees may satisfy certain bequests and transfers
WEDNESDAY, JANUARY 19, 1966
239
hy distribution of assets in kind, to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Where a will or trust agreement authorizes or requires an executor, administrator or trustee to satisfy a pecuniary marital deduction be quest or transfer wholly or partly by a distribution of assets in kind at values as finally determined for federal estate tax purposes or at values which are determined by reference to such federal estate tax valuation, the executor, administrator or trustee shall in satisfaction of such pecuniary marital deduction bequest or transfer distribute assets, including cash, which will have an aggregate fair market value fairly representative of the distributee's proportionate share of the apprecia tion or depreciation, from the date or dates of federal estate tax valua tion to the date or dates of distribution, in the value of all property thus available for distribution in satisfaction of such pecuniary marital deduction bequest or transfer. The provisions hereof shall not apply to any will or trust agreement except as just above provided.
SECTION 2
This provision shall apply to the estates of decedents dying after the effective date of this Act, to trusts created after the effective date of this Act and to trusts, whenever created, which are revocable after the effective date of this Act, but shall not apply where otherwise ex pressly provided in the will or trust instrument.
SECTION 3
A marital deduction bequest or transfer as referred to herein is a bequest or transfer of assets, including cash, for one which qualifies for the federal estate tax marital deduction.
SECTION 4
It is intended by the enactment of this provision to clarify existing law relating to the subject matter, and the passage of this Act shall not imply that existing law is otherwise than herein provided for.
SECTION 5
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
240
JOURNAL OF THE HOUSE,
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Bagby Barber Barfield Bean Bedgood Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley Games Carr Gates Chandler Clarke, H. G. Collins, J. P. Collins, M. Colwell Conger Cook Cox Crowe Dailey Daugherty Davis Dickinson Dillon Dixon Dollar Dorminy Drew Duncan Egan Elliott Etheridge Farrar Fulford
Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Holder Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken
McDaniell Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Paris Parrish Peterson Phillips Powers Rainey Reid Richardson Roach Ross Rush Russell Savage Shields Sims Smith, A. B. Smith, G. L. II Smith, J. R. Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker
WEDNESDAY, JANUARY 19, 1966
241
Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling
Ware Watkins Webb Wells Wig-gins
Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Anderson Bennett Bowen Brantley Brown, M. P. Clark, J. T. Conner Dean DeLong Doster Evensen Fleming Ployd Hale Hamilton
Harrell Harrington Higginbotham Hill Johnson, B. Jones, C. M. Jordan, Ben C. Knight Lane Leonard Melton Merritt Mitchell Nessmith, P. Newton, D. L.
Parker Pickard Reaves Rowland Sherman Simkins Smith, V. T. Snellings Townsend Watson Westlake Wilson, J. M. Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mrs. Merritt of the 68th stated that she was called from the floor of the House when the vote was taken, but had she been present, would have voted "aye" on HB 35.
Mr. Ware of the 42nd District 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 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 37-48. Do Pass. HR 38-51. Do Pass. HB 96. Do Pass. HB 77. Do Pass.
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HB 76. Do Pass. HR 36-48. Do Pass. HR 34-48. Do Pass. HR 33-48. Do Pass. HR 57-97. Do Pass.
Respectfully submitted, Ware of 42nd Chairman.
The following Resolutions of the House and Senate were read and adopted:
HR 99. By Mr. Smith of the 54th:
A RESOLUTION
Relative to the repairing and refurbishing of Room 341, third floor, State Capitol; and for other purposes.
WHEREAS, Room 341 on the third floor of the State Capitol, usually referred to as the Old Supreme Court Hearing Room, is used constantly for committee hearings, public hearings and meetings by various groups and organizations; and
WHEREAS, many citizens of this State get their first and lasting impressions of the State Capitol and the State Government in the sur roundings of this room; and
WHEREAS, the room is in a bad state of repair and should be completely renovated, repaired and refurbished; and
WHEREAS, the portraits of former Justices should be removed to a more suitable place.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Legislative Services Committee is here by requested and urged to take whatever steps are necessary to re novate, repair and refurbish Room 341 and have the portraits located therein removed to another location. The Committee is requested to consult with the Secretary of State in connection with this project.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each member of the Legislative Services Committee and to the Secretary of State.
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243
HR 100. By Mr. NeSmith of the 43rd:
A RESOLUTION
To commend Lee Forehand, Head Football Coach and Athletic Director, and his Manchester High School Coaching Staff.
WHEREAS, Coach Forehand and his staff performed an exemplary coaching job with the 1965 Manchester High School football team; and
WHEREAS, under the leadership of this outstanding staff, the 1965 Manchester High Blue Devils did complete the first perfect regular season (ten victories, no ties, no losses) in the history of Manchester High School; and
WHEREAS, in post-season championship play, the Manchester High Blue Devils won successively, the sub-region, Region 3-B and North Georgia Class B championships; and
WHEREAS, no other Manchester High football team has ever won for itself the high distinction of being the champions of all North Georgia Class B football.
NOW THEREFORE, BE IT RESOLVED that the House of Rep resentatives of Georgia commend and congratulate Coach Lee Forehand and his staff for their superb achievements, and join the people of Manchester in expressing deep appreciation for the great honor and credit reflected upon the football team, the Manchester High School, the people and the community of Manchester, and in general upon the people of this great State as a result of the dedicated and highly ef fective work of Coach Forehand and his staff.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate copy of this Resolution to Coach Lee Forehand.
HR 101. By Messrs. Harris of the 118th, Busbee of the 79th, Smith of the 90th, and many, many others:
A RESOLUTION
Commending Honorable Arthur K. Bolton; and for other purposes.
WHEREAS, Honorable Arthur K. Bolton, former Representative of Spalding County, was appointed Attorney General by Governor Carl E. Sanders; and
WHEREAS, he was born May 14, 1922 in Griffin, Spalding County, Georgia, where he graduated from Spalding High School and received his law degree from the University of Georgia Law School; and
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WHEREAS, he served with distinction in the army during World War II, attaining the rank of captain and receiving the Silver Star, the Purple Heart, the ETO Ribbon with three Battle Stars, the Combat Infantry Badge, the American Defense Medal and the Victory Medal; and
WHEREAS, he practiced law in Griffin, Georgia, beginning in 1947 and served as Judge of the Recorder's Court of Griffin, beginning in 1952; and
WHEREAS, he is married to the former Marian Lee Cashen and they have two children, Arthur, Jr. and Marian Lee; and
WHEREAS, he began his service in the House of Representatives as Representative from Spalding County in 1949, a position which he held until his appointment in 1965 as Attorney General of the State of Georgia; and
WHEREAS, he served with distinction and was one of the most admired and respected members of this body, being noted for his honesty and fairness in dealing with his fellow members; and
WHEREAS, during the past three years he has done an outstanding job as Administration Floor Leader, a position which he filled with distinction and honor; and
WHEREAS, his advice, counsel, good humor and engaging person ality will be sorely missed by the members of this body.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable Arthur K. Bolton is hereby commended for his outstanding service to his county and his State as a member of this body, for his devotion to duty and for his integrity. Sincerest congratulations are hereby extended to him upon his appoint ment as Attorney General and the members of this body extend their best wishes for his future.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to Honorable Arthur K. Bolton.
HR 102. By Mr. Smith of the 90th:
A RESOLUTION
Commemorating January 19th as the birthday of General Robert E. Lee; and for other purposes.
WHEREAS, General Robert Edward Lee was born in Westmoreland County, Virginia on January 19, 1807, the fifth child of "Light Horse Harry" Lee, of Revolutionary War fame, and his wife, Ann Hill Lee; and
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245
WHEREAS, Robert E. Lee obtained an appointment to West Point in 1825 from which he was graduated second in his class four years later, in 1829; and
WHEREAS, he was commissioned a brevet 2nd Lieutenant of Engineers; and
WHEREAS, on June 30, 1831 he was married to Mary Ann Ran dolph Custis, the only child of Georgia Washington Parke Custis, a grandson of Martha Washington; and
WHEREAS, in 1846 Lee, then a Captain of Engineers, was sent to San Antonio, Texas, where he served with gallantry and distinction in the Mexican War, attaining the rank of Colonel; and
WHEREAS, in 1861, upon the outbreak of the Civil War, he re fused an offer from the U. S. Forces to be their Chief Commander and accepted the rank of Commander in Chief of the Military and Naval Forces of Virginia; and upon the transfer of the Virginia Troops to the Confederate Service, was appointed Brigadier General in the regular army of the Confederate States on May 14, 1861; and
WHEREAS, on January 23, 1865 he was appointed as General in Chief of the Armies of the Confederate States by the President of the Confederacy, Jefferson Davis; and
WHEREAS, he proved himself to be a great and courageous leader, winning an enormous wartime prestige from those not only in the South, but in the North as well; and
WHEREAS, his devotion to duty and ingenious battlefield strategy made him a legendary figure even before his death on October 12, 1870; and
WHEREAS, he gained the respect and admiration of citizens on both sides of the Conflict of the War Between the States, and his memory is revered by citizens of the entire United States.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body on January 19, 1966 pause to honor the memory of General Robert E. Lee on this, the ninety-sixth anniversary of his birthday, and do hereby commemorate this most auspicious occasion.
HR 103. By Mr. Smith of the 90th:
A RESOLUTION
Congratulating Mr. and Mrs. Ben C. Baldwin; and for other pur poses.
WHEREAS, Mr. Ben C. Baldwin and his lovely and charming wife, Carolyn, are the proud parents of their first child, a baby girl, born December 13, 1965, and named Kimberly Dawn; and
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WHEREAS, Ben is the popular News Editor with Radio Station WQXI, and during his coverage of the past two sessions of the General Assembly, he has made a host of friends among the members of this body; and
WHEREAS, he and Carolyn will celebrate their first wedding an niversary on February 5, 1966.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex tended to Mr. and Mrs. Ben C. Baldwin upon the birth of their lovely daughter, Kimberly Dawn, and advance best wishes are extended to them for their first wedding anniversary.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a suitable copy of this Resolution to Ben and Carolyn Baldwin.
HR 104. By Messrs. Steis of the 100th, Brown of the 120th and Palmer of the 117th:
A RESOLUTION
Congratulating Representative and Mrs. Herb C. Hawkins, Jr.; and for other purposes.
WHEREAS, the lovely and gracious wife of the Representative from the One Hundred and Thirty-Ninth District, Mrs. Herb C. (Mary Elizabeth) Hawkins, Jr., gave birth to a daughter, Mary Elizabeth Hawkins, on January 16, 1966; and
WHEREAS, throughout the ages a phenomenon of the highest order occurs whenever such a lovely family is fortunate enough to be the recipient of such a gift of joy; and
WHEREAS, this miracle, only seven pounds, nine ounces in weight and nineteen and one-fourth inches in length, is capable and has lifted both of her parents at least ten feet into the air, while, at the same time taking the gleam of four of the largest stars in the Heavens and placing it in the eyes of her parents; and
WHEREAS, Representative Hawkins has served his constituents and the people of Georgia capably and tirelessly, and Mary Elizabeth Hawkins will be a source of pride, inspiration, and comfort to Repre sentative Hawkins in his continued service to the State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that Representative and Mrs. Herb C. Hawkins, Jr., receive our heartiest congratulations and best wishes on the birth of MARY ELIZABETH HAWKINS.
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247
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to convey a suitable copy of this Resolution to Representative and Mrs. Herb C. Hawkins, Jr.
SR 17. By Senator Kendrick of the 32nd:
A RESOLUTION
Commending the Lockheed-Georgia Corporation; and for other pur poses.
WHEREAS, recently the United States Department of Defense has announced the awarding of a multi-billion dollar contract to Lock heed-Georgia Corporation for their development and production of what will be the largest aircraft in the world; and
WHEREAS, by the awarding of such a contract, the Defense De partment has expressed its confidence in the engineering and productive skills of the management and personnel of Georgia's largest private employer; and
WHEREAS, through the awarding of this vast contract, additional momentum will be added to the ever expanding economy of this state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby commend and extend its sincerest appreciation to the officers and employees of Lockheed-Georgia Corporation for their skill in securing for this state this highly sought after and competitive contract.
BE IT FURTHER RESOLVED that this body does hereby commend in particular those persons charged with the responsibility of developing and producing the C5A aircraft.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and instructed to transmit an appropriate copy of this resolution to Mr. Dick Pulver, President of Lockheed-Georgia Corporation.
SR 20. Senators Pennington of the 45th and Broun of the 46th:
A RESOLUTION
Relative to televising the Georgia-Georgia Tech Football Game; and for other purposes.
WHEREAS, the annual Georgia-Georgia Tech Football Game is of extreme interest to countless thousands of citizens of the State of Georgia; and
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WHEREAS, this outstanding athletic contest is a complete sellout each year, and because of this, untold numbers of citizens are unable to see this game; and
WHEREAS, there are many elderly citizens as well as those who are ill who are intensely interested in seeing this game on television; and
WHEREAS, both of these outstanding institutions are supported from funds which come from all the taxpayers of this State.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that the State Board of Regents and the Departments of Athletics at the University of Georgia and the Georgia Institute of Technology are hereby requested and urged to take what ever steps are necessary to provide for the televising of the annual Georgia-Georgia Tech Football Game.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to each mem ber of the State Board of Regents, to the Presidents of the aforestated institutions and to the Directors of Athletics at each of said institutions.
By unanimous consent, the following Resolutions of the House were read and referred to the Committee on Rules:
HR 105. By Alexander of the 133rd:
A RESOLUTION
Creating the teacher tenure law study committee; and for other purposes.
WHEREAS, a large number of school systems in this State do not provide permanent tenure for teachers, but instead employ teachers on a year-to-year basis; and
WHEREAS, some teachers, who teach for long periods of time, are dismissed within a short period of time from becoming eligible to re ceive retirement benefits; thereby working an extreme hardship on such teachers; and
WHEREAS, in other school systems a teacher obtains a permanent status after a certain number of years of satisfactory service, which entitles such teacher to the right of appeal in the event of dismissal; and
WHEREAS, the members of this body are in need of information concerning teacher tenure laws and the advantages and disadvantages thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that there is hereby created the teacher tenure
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249
law study committee to be composed of seven members of the House, to be appointed by the Speaker. The committee is authorized to study the teacher tenure problem in the various school systems of this State, teacher tenure laws and the administration thereof, and all other mat ters relative to said subject. The members of the committee 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 fifteen days. The committee shall make a report of its findings and recommendations on or before December 1, 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 and available to the legislative branch of the Govern ment.
HR 106. By Mr. Alexander of the 133rd:
A RESOLUTION
Creating a committee to study the feasibility of enacting a State Minimum Wage Law; and for other purposes.
WHEREAS, in this era of unprecedented prosperity countless num bers of the citizens of this State are compensated in an unbelievably small amount; and
WHEREAS, the members of this body are in need of information concerning wages of the working people of this State, the system relative thereto, and the Minimum Wage Law.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Minimum Wage Law Study Committee to be composed of seven members of the House to be appointed by the Speaker. The committee shall study all matters relative to wages with particular emphasis on the advisability and feasibility of enacting a State Minimum Wage Law. The members of the committee 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 fifteen days. The committee shall make a report of its findings and recommendations on or before December 1, 1966, on which date the committee shall stand abolished. The funds necessary to carry out the purposes of this resolu tion shall come from the funds appropriated to and available to the legislative branch of government.
HR 107. By Messrs. Higginbotham of the 119th, Mitchell of the 3rd, Jordan of the 103rd and many, many others:
A RESOLUTION
Creating a committee to study the Motor Vehicle Inspection law; and for other purposes.
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WHEREAS, the Motor Vehicle Inspection law has been the subject of much discussion since it was enacted by the General Assembly of Georgia; and
WHEREAS, it is the desire of the members of this body to deter mine if motor vehicle inspections are being performed in accordance with the provisions of the Motor Vehicle Inspection law.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five (5) members of the House of Representatives to be appointed by the Speaker. The Committee shall conduct a thorough and complete examination of the methods and procedures of inspecting motor vehicles to determine if motor vehicle inspections are being performed in accordance with the provisions of the Motor Vehicle Inspection law. The Committee shall be authorized ten (10) days within which to com plete its work. The members of the Committee shall receive the com pensation, 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 appro priated to or available to the legislative branch of the government.
BE IT FURTHER RESOLVED that the Committee shall make a report of its study, findings and recommendations, if any, to the 1967 session of the General Assembly of Georgia on or before December 1, 1966 on which date the Committee shall stand abolished.
HR 108. By Messrs. Spillers of the 37th and Harris of the 85th:
A RESOLUTION
Creating a committee to study the possibility and feasibility of establishing a historical drama on Jekyll Island; and for other purposes.
WHEREAS, the people of Georgia are proud of Jekyll Island; and
WHEREAS, many civic, governmental and fraternal organizations hold conferences and conventions there each year; and
WHEREAS, it is apparent that there is a need for some outstanding program to attract more people to the Island; and
WHEREAS, it is the belief of a great many people that a historical drama based on the Gold-n Isles of Georgia, professionally produced in an amphitheater would be appealing and would attract not only Geor gians but also out of state tourists as wall; and
WHEREAS, several states already have these dramas, namely; Kentucky "The Book of Job" and North Carolina "Unto These Hills".
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to
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251
study the possibility and feasibility of establishing a historical drama on Jekyll Island. The Committee shall be composed of three (3) mem bers of the House of Representatives and three (3) members of the Georgia Federation of Women's Clubs, to be appointed by the Speaker. The Committee shall be authorized twenty (20) days within which to complete its work. The legislative members of the Committee shall re ceive the same compensation, per diem, expenses and allowances which are authorized for members of interim legislative committees. The other members of the Committee shall receive no compensation, per diem, ex penses and allowances for their services. The funds necessary to carry out the purposes of this resolution shall come from the funds appropri ated to or available to the legislative branch of the government.
BE IT FURTHER RESOLVED that the Committee shall make a report of its recommendations to the 1967 session of the General As sembly of Georgia on or before December 1, 1966 on which date the Committee shall stand abolished.
Mr. Snow of the 1st moved that the House do now adjourn until 10:30 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:30 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia Thursday, January 20, 1966
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. Charles C. Duncan, Pastor, First Baptist Church, McCaysville, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the House, to-wit:
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253
HR 83. By Mr. Smith of the 90th:
A Resolution commending the Georgia Air National Guard for volunteer flights to Viet Nam; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 147. By Messrs. Higginbotham, Westlake, Bean and Evensen of the 119th and Jordan of the 103rd:
A Bill to be entitled an Act to amend Code Section 87-201, relating to the manner in which elections shall be held by counties, municipalities or divisions on the issue of bonds, so as to provide that every bond issue shall contain in the legal advertisement a reference that any brochures, listings or other advertisements shall be deemed to be a statement of intention of the governing body concerning the use of the bond funds; and for other purposes.
Referred to the Committee on Judiciary.
HB 148. By Mr. Busbee of the 79th:
A Bill to be entitled an Act to amend an Act creating the Peace Of ficers' Annuity and Benefit Fund, so as to provide for penalties and interest on funds to be remitted to the Board of Commissioners; and for other purposes.
Referred to the Committee on Judiciary.
HB 149. By Messrs. Smith of the 90th, Hale of the 1st, Melton of the 34th, Smith of the 54th, Busbee of the 79th, Harris of the 118th, Gaissert of the 34th and Steis of the 100th:
A Bill to be entitled an Act to amend an Act reorganizing the State Department of Law, so as to provide for the appointment, employment and removal of Assistant Attorneys General, Deputy Assistant At torneys General, Law Assistants, and other employees; and for other purposes.
Referred to the Committee on State of Republic.
HB 150. By Br. Lovell of the 6th:
A Bill to be entitled an Act to amend an Act to provide for compensation of the Ordinary of Rabun County, so as to change the compensation of the Ordinary of Rabun County; and for other purposes.
Referred to the Committee on Local Affairs.
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HB 151. By Messrs. Vaughn and Harris of the 14th:
A Bill to be entitled an Act to create and establish a joint Airport Au thority for the City of Cartersville and the County of Bartow; and for other purposes.
Referred to the Committee on Local Affairs.
HB 152. By Messrs. Harris and Vaughan of the 14th:
A Bill to be entitled an Act to amend an Act incorporating the City of Adairsville, so as to extend and redefine the corporate limits of the City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 153. By Messrs. Harris and Vaughan of the 14th:
A Bill to be entitled an Act to amend an Act incorporating the City of Adairsville, so as to provide that compensation be paid to the mem bers of the Mayor and Council; and for other purposes.
Referred to the Committee on Local Affairs.
HB 154. By Messrs. Barber of the 24th, Harris of the 118th, and Busbee of the 79th:
A Bill to be entitled an Act to create the "Commission on the Status of Women"; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 155. By Messrs. Minge, Starnes and Lowrey of the 13th, Steis of the 100th, Jones and Brinkley of the 112th and Walling of the 118th:
A Bill to be entitled an Act to amend an Act which authorized the acceptance and payment of cash bonds from persons charged with violation of traffic, game, fish or boating laws, so as to include within the purview of said Act violation of public drunkenness laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 156. By Messrs. Minge and Lowrey of the 13th, Steis of the 100th, Brinkley of the 112th, Parrar and Walling of the 118th:
A Bill to be entitled an Act to provide for the State of Georgia to have a right of appeal to the Appellate Courts of this State in criminal cases in certain specified cases; and for other purposes.
Referred to the Committee on Special Judiciary.
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255
HB 157. By Messrs. Overby of the 16th, Pickard of the 112th, Johnson of the 25th, Lowrey of the 13th, Newton of the 94th and others:
A Bill to be entitled an Act to amend an Act approved February 7, 1952, relating to taxation of banks by striking and repealing Sections 1 and 2 thereof in their entirety and by substituting a new Section in lieu thereof; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 158. By Mr. Harrison of the 98th:
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 prohibit any fishing for shrimp, crab or fish in any waters of St. Andrews Sound and Cumberland Sound with power drawn nets during certain periods of the year; and for other purposes.
Referred to the Committee on Local Affairs.
HB 159. By Mr. Harrison of the 98th:
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 authorize the governing authority to execute deeds to secure debt and security deed notes encumbering city-owned real property as security for money loaned to the city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 160. By Mr. Harrison of the 98th:
A Bill to he entitled an Act to amend an Act creating and establishing a new charter for the City of Folkston in the County of Charlton, so as to provide for council posts; and for other purposes.
Referred to the Committee on Local Affairs.
HB 161. By Messrs. Harrison of the 98th and Harris of the 118th:
A Bill to be entitled an Act to amend Code Section 46-101, relating to the right to the process of garnishment, so as to provide that no garnishment shall issue against wages until thirty days after final judgment; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 162. By Mr. Games of the 129th:
A Bill to he entitled an Act to provide that in all counties having a population of 500,000 or more, the office of Justice of the Peace Emeritus shall be created; and for other purposes.
Referred to the Committee on Judiciary.
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HB 163. By Messrs. Parrish of the 96th and Pafford of the 97th:
A Bill to be entitled an Act abolishing the fee system existing in the superior courts of the Alapaha Judicial Circuit, so as to change the compensation paid to the Solicitor General; and for other purposes.
Referred to the Committee on Local Affairs.
HB 164. By Messrs. Wells of the 30th, Richardson of the 116th, Jones of the 112th, Steis of the 100th and Lowrey of the 13th:
A Bill to be entitled an Act to amend an Act amending the adoption laws, so as to change the waiting period before final adoption; and for other purposes.
Referred to the Committee on Judiciary.
HB 165. By Messrs. Barber of the 24th and Harris of the 118th:
A Bill to be entitled an Act to provide for the distribution of property when there is no sufficient evidence that persons have died otherwise than simultaneously; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 88-165. By Mr. Harrison of the 98th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Camden County to bind said county by contract with any corporation, partnership or individual, so as to provide a stabilized property tax program for said county; and for other purposes.
Referred to the Committee on Local Affairs.
HR 89-165. By Mr. Harrison of the 98th:
A Resolution proposing an amendment to the Constitution so as to create the Camden County Development Authority; and for other pur poses.
Referred to the Committee on Local Affairs.
HR 90-165. By Mr. Harrison of the 98th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Charlton County to bind said county by contract with any corporation, partnership or individual, so as to provide a stabilized property tax program for said county; and for other purposes.
Referred to the Committee on Local Affairs.
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HR 91-165. By Mr. Harrison of the 98th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of the City of Folkston to bind said city by contract with any corporation, partnership or individual so as to provide a stabilized property tax program for said city; and for other purposes.
Referred to the Committee on Local Affairs.
HR 92-165. By Mr. Byrd of the 28th: A Resolution compensating Dennis H. Ford; and for other purposes.
Referred to the Committee on Appropriations.
HR 93-165. By Mr. Overby of the 16th: A Resolution to compensate Den M. Acres, Jr.; and for other purposes.
Referred to the Committee on Appropriations.
HR 94-165. By Mr. Overby of the 16th: A Resolution compensating Mrs. Helen Martin; and for other purposes.
Referred to the Committee on Appropriations.
HR 95-165. By Mr. Reaves of the 99th: A Resolution compensating M. J. Gaddis; and for other purposes.
Referred to the Committee on Appropriations.
HR 96-165. By Mr. Reaves of the 99th: A Resolution compensating J. A. Jarvis; and for other purposes.
Referred to the Committee on Appropriations.
HR 97-165. By Mr. Reaves of the 99th: A Resolution proposing an amendment to the Constitution so as to create the Brooks County Development Authority; and for other pur poses.
Referred to the Committee on Local Affairs.
HR 98-165. By Messrs. Harris and Vaughan of the 14th: A Resolution proposing an amendment to the Constitution so as to create the Adairsville Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
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HB 166. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act known as 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, retirement and profit sharing plans providing benefits pay able in fixed or variable dollar amounts; and for other purposes.
Referred to the Committee on Insurance.
HB 167. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to provide that any petit juror drawn, selected and summoned for service in the Superior Court of any county wherein are located any courts having countywide jurisdiction con current with the Superior Court of this State, shall be legally competent and qualified to serve as a juror in such other courts under certain conditions; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 168. By Mr. McClatchey of the 138th:
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 to make any false statement in writing respecting financial conditions; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 169. By Messrs. Pickard of the 112th, Farrar of the 118th, Barber of the 24th and Story of the 22nd:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide for an additional member of the Board of Trustees of the System; and for other purposes.
Referred to the Committee on Education.
HB 170. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry of the 110th, Shields and Thompson of the lllth:
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 remove the resident requirements of persons learning the barber trade; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 171. By Messrs. Harris of the 118th and Vaughn of the 117th:
A Bill to be entitled an Act to amend Code Section 92-229 of the Code of Georgia of 1933, so as to repeal the provision relating to time for
THURSDAY, JANUARY 20, 1966
259
making application for homestead exemptions in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 172. By Messrs. Harris of the 118th and Vaughn of the 117th:
A Bill to be entitled an Act to amend Code Section 92-6913 of the Code of Georgia of 1933, describing the duty of the board of tax assessors to ascertain what property is subject to taxation and describing penalty for unreturned taxes, so as to repeal the provision relating to certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 173. By Messrs. Harris of the 118th and Vaughn of the 117th:
A Bill to be entitled an Act to amend Code Section 92-6201 of the Code of Georgia of 1933, providing for the time of making tax returns, so as to repeal the provision relating to the time for closing books for the return of taxes in counties having a population of 250,000 and not more than 500,000; and for other purposes.
Referred to the Committee on Local Affairs.
HB 174. By Messrs. Harris of the 118th and Vaughn of the 117th:
A Bill to be entitled an Act to amend Code Section 92-6917, relating to the revision and completion of tax assessments, so as to repeal the provision relating to the tax receiver or tax commissioner of any county having a population of 250,000 and not more than 500,000; and for other purposes.
Referred to the Committee on Local Affairs.
HB 175. By Messrs. Harris of the 118th and Vaughn of the 117th:
A Bill to be entitled an Act to amend Code Section 92-6402 of the Code of Georgia of 1933, providing for the payment of taxes to the county in which returns are made, so as to repeal the provision relating to taxes in any county having a population of 250,000 and not more than 500,000; and for other purposes.
Referred to the Committee on Local Affairs.
HB 176. By Messrs. Moore of the 20th, Story of the 22nd and Parker of the 55th:
A Bill to be entitled an Act to amend an Act establishing a retirement system in the State Public Schools, so as to provide that the word "teacher" shall also include the director and any associate directors of the Georgia Council on Education; and for other purposes.
Referred to the Committee on Education.
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JOURNAL OF THE HOUSE,
HB 177. By Messrs. Games of the 129th, Daugherty of the 134th, Gates and Cook of the 123rd:
A Bill to be entitled an Act to amend an Act to establish the Criminal Court of Atlanta, so as to provide for the number of investigators which may be appointed by the Solicitor-General; and for other purposes.
Referred to the Committee on Local Affairs.
HB 178. By Messrs. Fulford of the 67th, McDaniell of the 101st, Knight of the 60th, Stalnaker of the 59th, Rowland of the 48th and others:
A Bill to be entitled an Act to provide for the adoptoin of a minimum plumbing code in the State of Georgia; to provide that the State De partment of Public Health shall be responsible for the enforcement of the code; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 179. By Messrs. Fulford of the 67th, McDaniell of the 101st, Knight of the 60th, Stalnaker of the 59th, Rowland of the 48th and others:
A Bill to be entitled an Act to provide for the adoption of the National Electrical Code as the minimum code for electrical work in the State of Georgia; to provide that the State Fire Marshal shall be responsible for the enforcement of the code; and for other purposes.
Referred to the Committee on Judiciary.
HR 109-179 By Mr. Jordan of the 103rd:
A Resolution authorizing a survey to be made by the Secretary of State; and for other purposes.
Referred to the Committee on Rules.
HB 180. By Mr. Funk of the 116th:
A Bill to be entitled an Act to amend Code Section 34-1208, relating to the form of ballot labels on voting machines, so as to provide that if the construction of voting machines require it, the ballot label for each candiate, group of candidates, political party or body, or question, to be voted on shall bear on the reverse side the designating letter or number of the machine which will register or record votes therefor; 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:
THURSDAY, JANUARY 20, 1966
261
HB 129. By Mr. Rush of the 75th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Reidsville, so as to change the method of compensating the solicitor, clerk and the sheriff of said court; and for other purposes.
HB 130. By Messrs. Dailey of the 66th, Howell of the 86th, Fulford of the 67th, Jordan of the 78th and Brackin of the 87th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the solicitor general of the Patsula Judicial Circuit, so as to increase the compensation of the solicitor general of the Patsula Judicial Circuit; and for other purposes.
HB 131. By Messrs. Vaughan and Harris of the 14th, Dean of the 20th, Minge and Lowrey of the 13th:
A Bill to be entitled an Act to amend an Act providing for the regula tion and licensing of the business of selling or issuing checks or similar payment paper, so as to provide that State Chartered Savings and Loan Associations, regulated and operated under the supervision of the Secretary of State may issue and sell money orders for the payment and transmission of money in the same manner as a bank; and for other purposes.
HB 132. By Messrs. Longino of the 122nd, Gates of the 123rd, Sims of the 131st, Carnes of the 129th and others:
A Bill to be entitled an Act to provide a new charter for the City of Palmetto in Fulton and Coweta Counties; and for other purposes.
HR 78-132. By Mr. Williams of the 82nd: A Resolution authorizing the conveyance of certain tracts of stateowned property to the City of Douglas; and for other purposes.
HR 79-132. By Mr. Russell of the 92nd: A Resolution compensating W. B. Garrison as Clerk of the Commis sioners of Roads and Revenues of Thomas County and Mr. W. L. Whittle, Sr.; and for other purposes.
HR 80-132. By Mr. Irvin of the llth: A Resolution proposing an amendment to the Constitution so as to authorize the County Board of Education of Habersham County to borrow funds and pledge certain building funds to the payment thereof; and for other purposes.
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JOURNAL OP THE HOUSE,
HB 133. By Messrs. Howard of the 101st, Abney, Hale and Snow of the 1st, Harris of the 85th, Henderson of the 102nd and others:
A Bill to be entitled an Act to amend Code Section 30-209, to provide that alimony payments to the wife shall cease on her remarriage; and for other purposes.
HB 134. By Messrs. Lane and Nessmith of the 64th, Parker of the 55th, Newton of the 50th and Webb of the 65th:
A Bill to be entitled an Act to amend an Act relating to 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.
HB 135. By Messrs. Spillers of the 37th, Marshall of the 39th, Grahl of the 52nd, Lambros of the 130th, Tucker of the 36th and others:
A Bill to be entitled an Act to amend an Act to provide for homesteads exempt from certain taxation, 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.
HR 84-135. By Mr. Spillers of the 37th: A Resolution compensating Walker C. Harris; and for other purposes.
HR 85-135. By Mr. Dickinson of the 27th:
A Resolution proposing an amendment to the Constitution, so as to create an industrial development authority for the City of Douglasville and Douglas County; and for other purposes.
HB 136. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend an Act known as the "MotorFuel 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 137. By Mr. Overby of the 16th:
A Bill to be entitled an Act to amend an Act approved March 29, 1937, known as the "Unemployment Compensation Law", by modifying the benefit tables to provide increased weekly benefit amounts and the qualifications and eligibility for benefits; and for other purposes.
THURSDAY, JANUARY 20, 1966
263
HB 138. By Messrs. Harrington and Chandler of the 47th and Fulford of the 67th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of drivers' licenses, so as to provide for the issuance of honorary driver licenses to members and former members of the National Guard who have twenty or more years creditable service therein; and for other purposes.
HR 86-138. By Messrs. Chandler and Harrington of the 47th:
A Resolution compensating Benjamin Clinton Tanner; and for other purposes.
HR 87-138. By Messrs. Chandler and Harrington of the 47th:
A Resolution authorizing the leasing of a certain tract of State-owned property; and for other purposes.
HB 139. By Mr. Lee of the 79th:
A Bill to be entitled an Act to amend Code Chapter 38-4, relating to the principles and rules governing the admission of testimony, so as to provide that in all criminal trials in this State the accused shall be competent, but not compellable, to testify as a witness in his own be half; and for other purposes.
HB 140. By Mr. Murphy of the 26th:
A Bill to be entitled an Act to amend Section 105-2012 of the Code of Georgia of 1933, which section provides for the right of contribution among several trespassers, so as to provide for the right of contribution where the several trespassers are not jointly sued; and for other purposes.
HB 141. By Mr. Harris of the 118th:
A Bill to be entitled an Act to amend an Act creating the Claims Ad visory Board, so as to clarify the prohibition against a member of the Claims Advisory Board or any member of the General Assembly, or any State official or employee receiving any fee, money, gift or any other thing of value in connection with any claim; and for other purposes.
HB 142. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and rev-
264
JOURNAL OF THE HOUSE,
ocation of motor vehicle driver licenses, as amended, so as to provide for the expiration of all driver licenses on the birth date of that year in which the age of the licensee is evenly divisible by five; and for other purposes.
HB 143. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A Bill to be entitled an Act to repeal Section 95-1715 of the official Code of Georgia of 1933, so as to provide for the condemnation of rights-of-way by permitting condemnation of property for State-aid road purposes and by permitting condemnation for borrow pits, and by permitting condemnation for drainage ditches; and for other pur poses.
HB 144. By Messrs. Carr and Rowland of the 48th:
A Bill to be entitled an Act to amend, consolidate and supersede the previous acts relating to the incorporation of the town of Harrison and to provide a new charter therefor; and for other purposes.
HB 145. By Messrs. Smith of the 85th and Rowland of the 48th:
A Bill to be entitled an Act to amend Code Chapter 88-17, relating to vital records, so as to provide that a test or phenylketonuria shall be administered to every infant of 28 days or less; and for other pur poses.
HB 146. By Messrs. Smith of the 85th, Smith of the 114th and Drew of the 116th:
A Bill to be entitled an Act to amend Georgia Code Section 13-9933, which prohibits the making or delivery of a worthless check, draft or order for the payment of money, as amended, so as to provide that whenever the money, goods, other property of value, wages or salary obtained has a value in excess of $50.00, then the crime shall constitute a felony; and for other purposes.
SB 18. By Senator Ballew of the 50th:
A Bill to be entitled an Act to change the terms of the Superior Court of Pickens County, and for other purposes.
SB 17. By Senator Ballew of the 50th:
A Bill to be entitled an Act to change the terms of the Superior Court of Fannin County, and for other purposes.
THURSDAY, JANUARY 20, 1966
265
Mr. Blalock of the 33rd District Chairman of the Committee on Appropria tions 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 20-44. Do Pass.
Respectfully submitted, D. B. Blalock of 33rd Chairman.
Mr. Brinkley of the 112th District Chairman of the Committee on Local Affairs has 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 73. Do Pass. HB 108. Do Pass. HB 115. Do Pass. HB 116. Do Pass. HR 73-122. Do Pass. HR 76-124. Do Pass.
Respectfully submitted, Brinkley of the 112th Chairman.
By unanimous consent, the following Resolutions of the House were taken up for consideration and read the third time:
HR 73-122. By Messrs. Wilson and Henderson of the 102nd, and McDaniell and Howard of the 101st:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to establish a county manager form of county gov ernment, without regard to uniformity, for Cobb 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:
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JOURNAL OF THE HOUSE,
SECTION 1
Article VI, Section XVII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The General Assembly is hereby authorized to provide by law, without regard to uniformity, a county manager form of county government for Cobb County."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 establish a county
NO ( ) manager form of county government, without re gard to uniformity, for Cobb 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 lake manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien
Anderson Bagby Barber Barfield
Bean Bennett Berry Blair
Blalock Bowen Brackin Brantley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Games Gates Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Cook Cox Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dorminy Drew Duncan Egan Etheridge Evensen Farrar Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harris, J. T.
THURSDAY, JANUARY 20, 1966
267
Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham Hill Hood Houston Howard Howell Hutchinson Johnson, Dr. A. S. Jones, M. Knapp Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Otwell Overby Pafford Palmer Paris Parker
Peterson Pickard Powers Rainey Reid Richardson Roach Ross Rush Savage Sherman Sims Smith, G. L. II Smith, V. T. Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Walling Ware Watson Wcbb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wood
Those not voting were Messrs.:
Bedgood Black Brinkley Caldwell Carr
Chandler Conger Conner Crowe Dailey
Dollar Doster Elliott Fleming Floyd
268
Fulford Harrington Harris, R. W. Holder Hull Irvin Johnson, B. Jones, C. M. Jones, C. Paul Jordan, Ben C. Jordan, W. H. Kiley Knight
JOURNAL OF THE HOUSE,
Lambert Lambros Land Lane Lovett Marshall Matthews, C. Matthews, D. R. NeSmith, J. D. Newton, D. L. Odom Oglesby Parrish
Phillips Reaves Rowland Russell Shields Simkins Smith, A. B. Smith, J. R. Snellings Vaughn, C. R. Watkins Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 150 nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 76-124. By Mr. Lambert of the 38th.
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for an additional two members of the Board of Education of Morgan Coun ty; 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 paragraph:
"The Board of Education of Morgan County shall be composed of seven members. The present members of the Board, serving at the time of the ratification of this amendment, shall continue to serve out the terms to which they were appointed and their suecesors shall be selected as provided for above. The additional members of the Board provided by this amendment shall be selected in the manner provided for above by the first Grand Jury of Morgan County which convenes after the ratification of this amendment. One of the additional members shall be appointed for an initial term of office of five years and until his successor is selected and qualified and one member shall be appointed for an initial term of office for four years and until his successor is selected and quali fied. Thereafter successors to the initial appointment of the da-
THURSDAY, JANUARY 20, 1966
269
ditional members of the Board shall be selected for terms of office of five years and until their successors are selected and qualified."
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 add two additional members to the Board of Educa-
NO ( ) tion of Morgan County?"
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:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bennett
Berry Blair Blalock Bowen Brackin Brantley Brown, B. D. Brown, C. Brown, M. P. Bryant
Busbee Byrd Carley Games Gates Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell
270
Cook Cox Daugherty Da vis Dean DeLong Dickinson Dillon Dixon Dorminy Drew Duncan Egan Etheridge Evensen Farrar Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham Hill Hood Houston Howard Howell Hutchinson
JOURNAL OP THE HOUSE,
Johnson, Dr. A. S. Jones, M. Knapp Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Otwell Overby Pafford Palmer Paris Parker Peterson Pickard Powers Rainey Reid Richardson
Roach Ross Rush Savage Sherman Sims Smith, G. L. II Smith, V. T. Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Town send Tucker Tye Underwood Vaughan, D. N. Walling Ware Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wood
Those not voting were Messrs.:
Bedgood Black Brinkley Caldwell Carr Chandler Conger Conner Crowe Dailey Dollar
Doster Elliott Fleming Floyd Fulford Harrington Harris, R. W. Holder Hull Irvin Johnson, B.
Jones, C. M. Jones, C. Paul Jordan, Ben C. Jordan, W. H. Kiley Knight Lambert Lambros Land Lane Lovett
THURSDAY, JANUARY 20, 1966
271
Marshall Matthews, C. Matthews, D. R. NeSmith, J. D. Newton, D. L. Odom Oglesby
Parrish Phillips Reaves Rowland Russell Shields Simkins
Smith, A. B. Smith, J. R. Snellings Vaughn, C. R. Watkins Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 150 nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
The following Resolutions of the House were read and adopted:
HR 110. By Messrs. Williams of the 82nd, Pafford of the 97th, Blalock of the 33rd and many others:
A RESOLUTION
Honoring Honorable Charles Edward Gross Stewart, Sr.; and for other purposes.
WHEREAS, Honorable Charles Edward Gross Stewart, Sr. passed away on July 4, 1965; and
WHEREAS, he was a member of the House of Representatives during a period in history spanning more than fifty years; and
WHEREAS, he first served as Representative from Coffee County for three terms, beginning in 1912; and
WHEREAS, in 1917 he introduced a Constitutional Amendment designed to create what is now known as Atkinson County, and was the first person to represent that County in the House of Representa tives; and
WHEREAS, after having represented Atkinson County for several terms, his friends in Coffee County prevailed upon him to return to that County, which he did and, while still a member of the House from Atkinson County, he was elected by the people of Coffee County as Representative from that County; and
WHEREAS, he later moved to Echols County, and in 1952 was honored by the citizens of that County who elected him as Representa tive from Echols County; and
WHEREAS, he served with distinction during his entire period of legislative service and left a legislative record unparalleled in the history of Georgia; and
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JOURNAL OF THE HOUSE,
WHEREAS, he devoted his life to helping those less fortunate than he, and will be sorely missed by the people of his area and of the entire State.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body hereby goes on record as honoring the memory of Charles Edward Gross Stewart, Sr., an out standing legislator and distinguished citizen of the State of Georgia, and hereby accepts a portrait of him which has been graciously of fered the State by his family to be placed in a suitable location in the State Capitol Building, such location to be selected by the Secretary of State.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the widow of Mr. Stewart, Mrs. Helen B. Stewart, and to each of his sons, Charles E., Jr., J.E.B., and George D. Stewart.
HR 116. By Messrs. Dorminy of the 72nd, Harris of the 118th, Grahl of the 52nd and many others:
A RESOLUTION
Wishing a speedy recovery for Georgia Roberts Milhollin; and for other purposes.
WHEREAS, George Roberts Milhollin, eight year old son of Mr. and Mrs. Henry R. Milhollin, is now a patient in The Henrietta Egleston Hospital for Children; and
WHEREAS, Mr. Henry R. Milhollin is a former member of this House of Representatives; and
WHEREAS, our hearts are in sympathy with both George Roberts Milhollin and his parents during his illness.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest wishes for a speedy recovery are hereby expressed for George Roberts Milhollin.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a suitable copy of this Resolution to George Roberts Milhollin and his parents, Mr. and Mrs. Henry R. Milhollin.
By unanimous consent, the following Resolutions of the House were recom mitted to the Committee of the House on State of Republic:
HR 33-48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A Resolution proposing an amendment to the Constitution of Georgia so as to change provisions relating to debts, additional debt and temporary
THURSDAY, JANUARY 20, 1966
273
loans that may be incurred by county school districts and area school districts; and for other purposes.
HR 34-48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A Resolution proposing an amendment to the Constitution of Georgia so as to provide a method whereby the manner of electing or appointing members of county boards of education and superintendent of schools may be changed by local or special law and local referendum; and for other purposes.
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 36-48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A RESOLUTION
To ratify, approve and confirm the Executive Order of the Gover nor, dated July 9, 1965, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act at tributable to the inclusion of the Federal Manufacturer's Excise Tax in the base of said Sales Tax 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 July 9, 1965, which is as follows:
"WHEREAS: The Court of Appeals of Georgia on the 20th day of May, 1965, held in the case of Hiram K. Undercofler v. Capital Automobile Company that a federal manufacturer's excise tax is an element of the cost of property sold and said federal manufacturer's excise tax is included in the base of the tax im posed by the Georgia Retailers' and Consumers' Sales and Use Tax Act; and
"WHEREAS: The Congress of the United States has indicated a phasing out of many of these excise taxes; and
"WHEREAS: The increased State revenues have not been projected in revenue estimates and the economy of the State of Georgia is such that additional revenues from the public are not needed; it is therefore
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JOURNAL OF THE HOUSE,
"ORDERED: Under the authority of Code Section 40-205, that the collection of the tax imposed by the Georgia Retailers' and Con sumers' Sales and Use Tax Act attributable to the inclusion of the Federal Manufacturer's Excise Tax imposed by Sections 4061-4211 of the Internal Revenue Code of 1954 in the base of said Sales Tax be suspended until the next meeting of the General Assembly.
"This 9th day of July, 1965.
"/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:
Those voting in the affirmative were Messrs.:
Adams Alexander Alien Anderson Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd
Caldwell Carley Games Carr Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Drew Egan Etheridge Evensen
Farrar Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Hood Howard
THURSDAY, JANUARY 20, 1966
275
Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, M. Jordan, Ben C. Kiley Knapp Land Lane Lea, P. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Mixon
Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Reaves Reid Richardson Roach Ross Rowland Rush Sherman Shields Sims Simkins Smith, G. L. II Smith, W. L,
Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Ware Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Bagby Bo wen Gates Colwell Conger Conner Cook Dixon Dollar Dorminy Doster Duncan Elliott Fleming Ployd
Hale Higginbotham Hill Holder Houston Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Knight Lambert Lambros Leonard Lovell Minge Mitchell
Murphy Oglesby Rainey Russell Savage Smith, A. B. Smith, J. R. Smith, V. T. Snow Sweat Vaughn, C. R. Walling Wells Mr. Speaker
On the adoption of the Resolution, the ayes were 158, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
276
JOURNAL OP THE HOUSE,
HR 37-48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A RESOLUTION
To ratify, approve, and confirm the Executive Order of the Gov ernor, dated March 29, 1965, suspending the collection of the tax im posed by the Georgia Retailers' and Consumers' Sales and Use Tax on the sale and use of the Holy Bible and Testaments until the next meet ing of the General Assembly; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
That the Executive Order of the Governor, dated March 29, 1965, which is as follows:
"WHEREAS: Georgia Code Section 40-205 provides that the Governor of the State of Georgia may suspend collection of taxes, or any part thereof, due the State until the next meeting of the General Assembly; it is therefore
"ORDERED: That the collection of Georgia sales and use taxes on the sale and use of Holy Bibles, Testaments and similar books commonly recognized as being Holy Scriptures, regardless of by or to whom sold, be suspended until the next meeting of the Gen eral Assembly.
This 29th day of March, 1965.
/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:
THURSDAY, JANUARY 20, 1966
277
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brackin Brantley Brinkley Brown, C. Bryant Busbee Byrd Caldwell Carley Games Carr Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Conger Conner Cook Cox
Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dollar Dorminy Drew Egan Etheridge Evensen Farrar Punk Gaissert Gary Gaynor Gignilliat Grahl
Grier Hadaway Hamilton Harrell Harrington Harris, J. P. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Hill Hood
Houston Howard Ho well Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Land Lane
Lea, P. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy
NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Reaves Reid Richardson Roach Rowland Rush
Russell Savage Sherman Shields Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins
278
Watson Webb Wells
JOURNAL OF THE HOUSE,
Westlake Wiggins Williams, G. J.
Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Anderson Bagby Bowen Brown, B. D. Brown, M. P. Gates Colwell Dixon Doster Duncan Elliott
Fleming Floyd Fulford Hale Higginbotham Holder Johnson, B. Jones, C. M. Lambert Lambros Lovett
Matthews, C. Mitchell Rainey Ross Sims Smith, A. B. Smith, J. R. Snow Sweat Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 171, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 38-51. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A RESOLUTION
To ratify, approve, and confirm the Executive Order of the Gov ernor, dated May 31, 1965, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax on all tangible personal property purchased outside the State of Georgia and subsequently brought into this State as a result of the purchaser be coming domiciled herein until the next meeting of the General Assem bly; 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 May 31, 1965, which is as follows:
"WHEREAS: Georgia Code Section 40-205 provides that the Governor may suspend collection of taxes, or any part thereof, due the State until the next meeting of the General Assembly; it is, therefore,
THURSDAY, JANUARY 20, 1966
279
"ORDERED: That the collection of the Georgia use tax on all tangible personal property purchased outside of the State of Geor gia by persons who at the time of purchase are not domiciled in this State but who subsequently become domiciled herein and bring said property into this State for the first time as a result of said change of domicile, provided said property is not brought into this State for use in a trade, business or profession, be suspended until the next meeting of the General Assembly.
This 31st day of May, 1965.
l&l 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:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Bagby Barber Barfield Bean Bennett Berry Black Blair Blalock Bowen Brackin Brinkley Brown, B. D. Brown, C. Bryant Byrd
Caldwell Carley Carnes Carr Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Conger Cook Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon
Dollar Dorminy Doster Drew Egan Etheridge Evensen Farrar Floyd Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Harrell Harrington Harris, J. F. Harris, J. R.
280
JOURNAL OF THE HOUSE,
Harris, R. W. Harrison Hawkins Herndon
Hill Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C.
Knapp Knight Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, D. R. Mauldin McClatchey McCracken
McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Richardson Roach Ross Rowland Rush Russell Savage Sherman Shields Sims
Simkins Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Anderson Bedgood Brantley Brown, M. P. Busbee Gates Collins, M. Conner Dixon Duncan Elliott Fleming Fulford
Funk Hale Hamilton Henderson Higginbotham Holder Johnson, B. Jones, C. M. Jordan, W. H. Kiley Lambert Lambros Lane
Leonard Matthews, C. Mitchell Pickard Rainey Reid Smith, A. B. Smith, G. L. II Smith, V. T. Sweat Westlake Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 165, nays 0.
THURSDAY, JANUARY 20, 1966
281
The Resolution, having received the requisite constitutional majority, was adopted.
HB 68. By Messrs. Steis of the 100th, Jones of the 76th, Minge of the 13th, Starnes of the 13th and many others: A Bill to be entitled an Act to amend an Act relating to Supreme Court and Judges of Court of Appeals, so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; and for other purposes.
Mr. Moore of the 12th moved that HB 68 and all amendments pertaining thereto be tabled.
On the motion to table the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Anderson Bean Black Brantley Brown, M. P. Bryant Clark, J. T. Collins, M. DeLong Dickinson Dixon Dollar Dorminy Evensen Farrar Floyd Funk Gaissert
Gary Grier Harrell Harrington Harris, J. F. Herndon Hill Irvin Knight Leonard Lovett Malone Matthews, D. R. Mixon Moore, Don C. Moore, J. H. Newton, A. S. Newton, D. L.
Odom Oglesby Otwell Pafford Palmer Rainey Story Stovall Sweat Taylor Vaughn, C. R. Watson Westlake Wiggins Williams, G. J. Williams, W. M. Wood
Those voting' in the negative were Messrs.
Adams Alexander Alien Bagby Barfield Bennett Berry Blair Bo wen
Brinkley Brown, B. D. Brown, C. Busbee Caldwell Carley Games Carr Chandler
Clarke, H. G. Colwell Conger Cook Cox Daugherty Dillon Drew Egan
282
Etheridge Fleming Fulford Gaynor Gignilliat Grahl Hamilton Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Higginbotham Holder Hood Houston Howard Howell Hull Hutchinson Jones, C. M. Jones, G. Paul Jones, M. Kiley Knapp Land
JOURNAL OF THE HOUSE,
Lea, F. R. Lee, W. S. Lewis Longino Lowrey Marshall Matthews, C. Mauldin McClatchey McCracken Melton Merritt Minge Murphy NeSmith, J. D. Nessmith, P. Overby Paris Peterson Phillips Pickard Powers Reaves Richardson Roach Rowland
Rush Russell Sherman Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Sullivan Thomas Thompson, A. W. Thompson, R. Town send Tucker Tye Underwood Vaughan, D. N. Walling Ware Wilson, R. W.
Those not voting were Messrs.:
Abney Barber Bedgood Blalock Brackin Byrd Gates Collins, J. F. Conner Crowe Bailey Da vis Dean Doster Duncan
Elliott Hadaway Hale Johnson, Dr. A. S. Johnson, B.
Jordan, Ben C. Jordan, W. H. Lambert Lambros Lane Lee, W. J. (Bill) Levitas Lovell Maddox McDaniell
Mitchell Parrish Reid Ross Savage Shields Smith, A. B. Smith, J. R. Snow Stewart Watkins Webb Wells Wilson Mr. Speaker
On the motion to Table, the ayes were 54, nays 105.
The motion was lost.
The following amendment was read and adopted:
Mr. Palmer of the 117th moves to amend HB 68 by inserting at the end of Section 1 and Section 2 the following words, "such additional
THURSDAY, JANUARY 20, 1966
283
raises shall become effective only upon appropriation of such additional funds by the General Assembly."
Mr. Hale of the 1st moved that the House reconsider its action on the above amendment by Mr. Palmer of the 117th and the motion prevailed.
Mr. Palmer of the 117th moved the re-adoption of the amendment and the roll call was ordered. The vote on the re-adoption of the amendment was as follows:
Those voting in the affirmative were Messrs.
Anderson Barfield Bennett Berry Brown, M. P. Bryant Carr Collins, M. Dean Dickinson Dixon Dollar Dorminy Floyd Hadaway Harrell Harris, J. F.
Harrison Hill Hutchinson Irvin Knight Lane Levitas Lovett Lowrey Malone Matthews, D. R. Mauldin Mixon Moore, Don C. Newton, D. L. Odom Oglesby
Otwell Pafford Palmer Rainey Sherman Snellings Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Underwood Watson Westlake Williams, W. M. Wood
Those voting in the negative were Messrs.
Abney Adams Alexander Alien Bagby Bean Bedgood Black Blair Bo wen Brackin Brinkley Brown, B. D. Brown, C. Busbee Caldwell Carley
Carnes Gates Chandler Clarke, H. G. Clark, J. T. Colwell Conger Cook Cox Dailey Daugherty DeLong Dillon Drew Duncan Egan Etheridge
Evensen Fleming Gaissert Gaynor Gignilliat Grahl Grier Hale Harrington Harris, J. R. Harris, R. W. Hawkins Herndon Higginbotham Holder Houston Howard
284
Hull Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Land Lea, F. R. Lee, W. S. Leonard Lewis Marshall Matthews, C. McClatchey McCracken McDaniell Melton Merritt Minge Moore, J. H.
JOURNAL OP THE HOUSE,
Murphy NeSmith, J. D. Nessmith, P. Overby Paris Parrish Peterson Phillips Pickard Powers Reid Richardson Roach Rowland Rush Russell Savage Sims Simkins Smith, G. L. II
Smith, J. R. Smith, V. T. Smith, W. L. Snow Spikes Stalnaker Starnes Steis Story Stovall Tucker Tye Vaughan, D. N. Watkins Webb Wiggins Wilson, J. M. Wilson, R. W.
Those not voting were Messrs.:
Barber Blalock Brantley Byrd Collins, J. F. Conner Crowe Davis Doster Elliott Farrar Fulford Funk Gary Hamilton
Henderson Hood Howell Johnson, Dr. A. S. Johnson, B. Jordan, W. H. Knapp Lambert Lambros Lee, W. J. (Bill) Longino Lovell Maddox Mitchell Newton, A. S.
Parker Reaves Ross Shields Smith, A. B. Spillers Stewart Townsend Vaughn, C. R. Walling Ware Wells Williams, G. J. Mr. Speaker
On the motion to re-adopt the amendment the ayes were 51, nays 109.
The amendment was lost.
The following amendment by Mr. Bagby of the 21st was read:
Mr. Bagby of the 21st moves to amend HB 68 by striking the figures $30,000.00 from Sections 1 and 2; and by substituting in lieu thereof the figures $25,000.00.
THURSDAY, JANUARY 20, 1966
285
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Anderson Bagby Barfield Bennett
Berry
Black Bo wen Brackin Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carnes Clarke, H. G. Collins, M. Cook Cox Da vis Dean DeLong Dickinson Dillon Dorminy Duncan Evensen Parrar Floyd Funk Gaissert Grahl Grier Hadaway Harrington Harris, J. F.
Harris, J. R. Harrison Hawkins Herndon Higginbotham Hill Holder Houston Howard Howell Hutchinson Irvin Jordan, Ben C. Knight Land Lane Lee, W. S. Leonard Levitas Lewis Lovett Lowrey Maddox Matthews, D. R. Mauldin McDaniell Melton Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, D. L. Odom Oglesby Otwell
Overby Pafford Paris Peterson Phillips Pickard Rainey Reaves Reid Roach Savage Shields Sims Simkins Snow Spikes Spillers Stalnaker Starnes Steis Story Sullivan Sweat Thomas Thompson, A. W. Tucker Walling Ware Watkins Watson Webb Wells Westlake Wiggins Williams, W. M. Wood
Those voting in the negative were Messrs.:
Alexander Alien Bean Blair Brinkley Caldwell Carley
Clark, J. T. Conger Daugherty Dixon Dollar Drew Egan
Etheridge Fleming Gary Gaynor Gignilliat Hamilton Harrell
286
JOURNAL OF THE HOUSE,
Harris, R. W. Hull Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Kiley Knapp Lea, F. R. Lee, W. J. (Bill) Malone Marshall Matthews, C.
McClatchey McCracken Merritt Parrish Powers Richardson Rowland Rush Russell Sherman Smith, G. L. II Smith, V. T. Smith, W. L.
Snellings Stovall Taylor Thompson, R. Townsend Tye Underwood Vaughan, D. N. Williams, G. J. Wilson, J. M. Wilson, R. W.
Those not voting were Messrs.:
Barber Bedgood Blalock Brantley Carr
Gates Chandler Collins, J. F. Colwell Conner Crowe Dailey
Doster Elliott Fulford Hale Henderson Herndon Hood Johnson, Dr. A. S. Jordan, W. H. Lambert Lambros Longino
Lovell NeSmith, J. D. Newton, A. S. Palmer Parker Ross Smith, A. B. Smith, J. R. Stewart Vaughn, C. R. Mr. Speaker
On the adoption of the amendment the ayes were 112, nays 58.
The amendment was adopted.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Alien Bagby Barfield
Bedgood Bennett Berry Black Blair
Blalock Bowen Brackin Brinkley Brown, B. D.
Brown, C. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Clarke, H. G. Colwell Conger Cook Cox Dailey Daugherty DeLong Dillon Drew Egan Etheridge Evensen Farrar Fleming Gaissert Gaynor Grahl Grier Hadaway Hale Hamilton Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Holder Houston
THURSDAY, JANUARY 20, 1966
287
Howard Howell Hull Hutchinson Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Land Lane Lea, F. R. Lee, W. S. Leonard Levitas Lewis Longino Lowrey Marshall Matthews, C. McClatchey McCracken McDaniell Melton Merritt Minge Murphy NeSmith, J. D. Nessmith, P. Oglesby Overby Paris Peterson Phillips Pickard Powers
Reaves Richardson Roach Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Story Sullivan Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Wells Wiggins Williams, G. J. Wilson, J. M. Wilson, R. W.
Those voting in the negative were Messrs.
Abney Anderson Bean Brantley Brown, M. P. Chandler Clark, J. T. Collins, M. Davis Dean Dickinson Dixon Dollar
Dorminy Duncan Floyd Funk Gary Gignilliat Harrell Harrington Harris, J. F. Herndon Higginbotham Hill Irvin
Knight Lee, W. J. (Bill) Lovett Maddox Malone Matthews, D. R. Mauldin Mixon Moore, Don C. Moore, J. H. Newton, D. L. Odom Otwell
288
Pafford Palmer Parrish Rainey Reid Smith, J. R.
JOURNAL OF THE HOUSE,
Stalnaker Stovall Sweat Taylor Watkins Watson
Webb Westlake Williams, W. M. Wood
Those not voting were Messrs.:
Barber Collins, J. F. Conner Crowe Doster Elliott Fulford
Hood Johnson, Dr. A. S. Jordan W. H. Lambert Lambros Lovell Mitchell
Newton, A. S. Parker Ross Smith, A. B. Stewart Mr. Speaker
On the passage of the Bill as amended, the ayes were 129, nays 55.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Lambros of the 130th stated that he had been called from the floor of the House when the vote was taken, but had be been present, would have voted "aye" on HB 68.
HB 111. By Mrs. Merritt of the 68th; Messrs. Lambert of the 38th, Williams of the 16th and others:
A Bill to be entitled an Act to amend Code Section 68-214 relating to motor vehicles license plates and their description, so as to require that the faces of license plates shall be treated with a reflective mate rial; and for other purposes.
The following amendment by Mr. Odom of the 79th was read and adopted:
Mr. Odom of the 79th moves to amend HB 111, Section 1, Para graph 2, by changing the last sentence of the paragraph to read as follows: "The Revenue Commissioner shall determine the design and reflecting substances to be used.", and by striking the remainder of said sentence, and by amending caption accordingly.
Mr. Underwood of the 61st moved to table HB 111 and all amendments pertaining thereto.
THURSDAY, JANUARY 20, 1966
289
On the motion to table, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Blalock Brackin Brown Gates Clarke, H. G. Colwell Davis Dorminy Drew Hadaway Harrison Holder Howard Jordan, Ben C.
Lee, W. S. Leonard Lewis Lowrey Marshall Matthews, D. R. MeCracken Minge Mitchell Mixon Moore, J. H. Newton, A. S. Odorn Parker
Reaves Reid Roach Sims Smith, V. T. Spikes Spillers Stewart Stovall Taylor Tucker Underwood Webb Wilson, J. M.
Those voting in the negative were Messrs.:
Abney Adams Alexander Anderson Barber Bean Blair Bo wen Brantley Brinkley Brown, B. D. Brown, C. Bryant Car ley Carnes Cook Cox Daugherty Dean DeLong Dickinson Dillon Dixon Egan Etheridge Evensen Parrar Ployd Punk Gary Gaynor Gignilliat
Grahl Grier Hamilton Harrell Harris, J. F. Harris, J. R. Hawkins Higginbotham Hood Houston Howell Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, M. Knapp Lea, F. R. Lee, W. J. (Bill) Levitas Longino Malone Matthews, C. McClatchey Merritt Moore, Don C. Murphy Oglesby Otwell Overby Pafford Palmer
Paris Peterson Phillips Powers Rainey Richardson Ross Rush Savage Sherman Smith, G. L. II Smith, W. L. Snellings Stalnaker Starnes Steis Story Sullivan Sweat Thompson, A. W. Thompson, R. Townsend Tye Vaughan, D. N. Vaughn, C. R. Walling Watson Westlake Wiggins Williams, G. J. Williams, W. M. Wood
290
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Alien Bagby Barfield Bedgood Bennett Berry Black Busbee Byrd Caldwell Carr Chandler Clark, J. T. Collins, J. F. Collins, M. Conger Conner Crowe Dailey Dollar Doster Duncan, A. C.
Elliott Fleming Fulford Gaissert Hale Harrington Harris, R. W. Henderson Hill Hull Jones, C. M. Jones, G. Paul Jordan, W. H. Kiley Knight Lambert Lambros Land Lane Lovell Lovett Maddox
Mauldin McDaniell Melton NeSmith, J. D. Nessmith, P. Newton, D. L. Parrish Pickard Rowland Russell Shields Simkins Smith, A. B. Smith, J. R. Snow Thomas Ware Watkins Wells Wilson Mr. Speaker
On the motion to table HB 111, the ayes were 42, nays 96.
The motion was lost.
The report of the Committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Barber Barfield Bean Berry Blair Brantley Brinkley
Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Carley Carnes Gates Clarke, H. G. Clark, J. T. Collins, M.
Colwell Cook Cox Daugherty Dean DeLong Dickinson Dillon Dixon Drew Duncan
THURSDAY, JANUARY 20, 1966
291
Egan Etheridge Evensen Farrar Floyd Funk Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. R. Harris, J. R. Harrison Hawkins Herndon Higginbotham Hill Holder Hood Houston Howard Howell Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Knapp Lambros
Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken Melton Merritt Minge Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Paris Peterson Phillips Powers Rainey Reid
Richardson Roach Ross Rush Savage Sherman Shields Sims Smith, G. L. II Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Stewart Story Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Westlake Wiggins, W. Williams, G. J. Williams, W. M. Wood
Those voting in the negative were Messrs.
Dailey Dorminy Matthews, D. R. Mitchell
Mixon Parker Steis Stovall
Underwood Wilson, J. M.
Those not voting were Messrs.:
Anderson Bagby Bedgood Bennett Black Blalock
Bo wen Brackin Busbee Caldwell Carr Chandler
Collins Conger Conner Crowe Davis Dollar
292
Doster Elliott Fleming Fulford Gaissert Harris, R. W. Henderson Hull Jones, C. M. Jordan, W. H. Kiley
JOURNAL OF THE HOUSE,
Knight Lambert Lovell Lovett McDaniell NeSmith, J. D. Newton, D. L. Parrish Pickard Reaves Rowland
Russell Simkins Smith, A. B. Smith, J. R. Smith, V. T. Spillers Ware Watkins Wells Wilson, R. W. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 143, nays 10.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Busbee of the 79th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
FRIDAY, JANUARY 21, 1966
293
Representative Hall, Atlanta, Georgia Friday, January 21, 1966
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. Richard Davis, Pastor, First Baptist Church, Dawson, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Johnson of the 40th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 181. By Mr. Crowe of the 80th: A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Worth 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.
294
JOURNAL OF THE HOUSE,
HB 182. By Mr. Hadaway of the 46th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Jasper 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 183. By Mr. Murphy of the 26th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff and ordinary of Haralson 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 184. By Messrs. Newton and Lewis of the 50th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Jenkins 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 185. By Mr. Brackin of the 87th: A Bill to be entitled an Act creating a small claims court in each county in this State having a certain population; and for other purposes.
Referred to the Committee on Local Affairs.
HB 186. By Mr. Brackin of the 87th: A Bill to be entitled an Act to fix, allow and provide for the compensa tion of the sheriff of Miller County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 187. By Messrs. Underwood of the 61st, Williams and Wood of the 16th, Harris and Smith of the 86th:
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 certain vehicles on which all ad valorem taxes have been paid, and who are contractors for the construction of highways with the State Highway Department may exceed certain weight, width and length re quirements without obtaining a special permit; and for other purposes.
Referred to the Committee on Motor Vehicles.
FRIDAY, JANUARY 21, 1966
295
HB 188. By Mr. Underwood of the 61st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the town of Higgston, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 189. By Messrs. Gaynor and Smith of the 114th, Tye of the 115th, Richard son of the 116th, Gignilliat and Powers of the 113th and others:
A Bill to be entitled an Act to increase the official bond of the sheriff of Chatham County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 190. By Messrs. Gaynor and Smith of the 114th, Richardson of the 116th, Gignilliat and Powers of the 113th, Tye of the 115th and others:
A Bill to be entitled an Act to increase the official bonds of the clerk of the superior court of Chatham County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 191. By Mr. Parrish of the 96th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Cook 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 192. By Messrs. Conner of the 91st, Pafford of the 97th and Thomas of the 77th:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to provide for a new classification for trucks transporting forest products; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 193. By Messrs. Lowrey of the 13th, Newton of the 94th, Russell and Oglesby of the 92nd, Reaves of the 99th, Wells of the 30th, Overby and Williams of the 16th:
A Bill to be entitled an Act to amend Code Chapter 42-2, relating to concentrated commercial feeding stuffs, so as to change the inspection fee upon concentrated commercial feeding stuffs; and for other pur poses.
Referred to the Committee on Agriculture.
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HB 194. By Messrs. Richardson of the 116th, Tye of the 115th, Gaynor of the 114th, Gignilliat and Powers of the 113th and others:
A Bill to be entitled an Act to amend Code Section 92-6402 of the Code of Georgia of 1933, relating to the payment of taxes to the county in which returns are made, so as to provide that in certain counties, taxes shall become due in two equal installments, one-half the 1st of July of each year and one-half the 1st of November of each year; and for other purposes.
Referred to the Committee on Local Affairs.
HB 195. By Mr. NeSmith of the 43rd:
A Bill to be entitled an Act to amend an Act placing the compensation of the Sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meriwether County on a salary basis in lieu of a fee basis, so as to change the compensation of the Sheriff, the Clerk of the Supe rior Court and the Ordinary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 196. By Mr. NeSmith of the 43rd: A Bill to be entitled an Act to amend an Act abolishing the office of Treasurer of Meriwether County and providing for depositories for the deposit of County funds, so as to change the provisions relating to the depositories for the deposit of county funds; and for other purposes.
Referred to the Committee on Local Affairs.
HR 111-196. By Mr. Barber of the 24th: A Resolution creating the Alcohol Education Study Committee; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 112-196. By Mrs. Merritt of the 68th and Mr. Blair of the 68th: 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.
HR 113-196. By Mr. Harrison of the 98th: A Resolution proposing an amendment to the Constitution so as to create the City of Woodbine Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
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297
HR 114-196. By Mr. Ployd of the 7th:
A Resolution proposing an amendment to the Constitution so as to create the Chattooga County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 197. By Mr. Hale of the 1st:
A Bill to be entitled an Act to amend the Uniform Act Regulating Traffic on Highways, so as to re-define certain words and phrases; to provide that official traffic control devices are presumed to have been installed by lawful authority; to provide for lane control signal devices; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 198. By Mr. Hale of the 1st:
A Bill to be entitled an Act to amend an Act known as the "General Appropriations Act of 1965", so as to provide that the funds appro priated to the State Highway Department for the year 1966, for pay ment of lease rental obligations to the State Office Building Authority, shall include the sum of $212,439 specifically designated for the pay ment of one year's rent on the State Highway Department Laboratory Building; and for other purposes.
Referred to the Committee on Appropriations.
HB 199. By Mr. Hale of the 1st:
A Bill to be entitled an Act known as the "State Office Building Authority Act", so as to change the definition of the word "project"; and for other purposes.
Referred to the Committee on Judiciary.
HB 200. By Messrs. Hale, Abney and Snow of the 1st, Harris of the 85th, Howard of the 101st, Lee of the 79th and others:
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; to provide for certain excep tions and exemptions from the educational requirements; and for other purposes.
Referred to the Committee on Judiciary.
HB 201. By Messrs. Blalock of the 33rd and Underwood of the 61st:
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.
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HR 115-201. By Mr. Crowe of the 80th:
A Resolution proposing an amendment to the Constitution so as to create the Worth County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 202. By Messrs. Dollar of the 89th, Richardson of the 116th, Brinkley of the 112th, Harris of the 85th, Reaves of the 99th and others:
A Bill to be entitled an Act to amend an Act creating the "Georgia Ports Authority", so as to change the membership comprising said authority; and for other purposes.
Referred to the Committee on Judiciary.
HB 203. By Messrs. Smith of the 3rd, Tucker of the 36th, Newton of the 94th, Herndon of the 74th, Abney of the 1st and others: A Bill to be entitled an Act to authorize State Personnel Board to pro vide Health Insurance Plan for employees of city boards of health; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 204. By Messrs. Busbee of the 79th and Cook of the 123rd: A Bill to be entitled an Act to amend an Act entitled the "Statewide Probation Act", so as to provide that in court's discretion the adjudi cation of the guilt of an accused may be stayed and withheld as well as the imposition of sentence; and for other purposes.
Referred to the Committee on Judiciary.
HB 205. By Mr. Fleming of the 106th: A Bill to be entitled an Act to amend an Act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for the exemption of certain machinery from the tax imposed by the provisions of said Act; and for other purposes.
Referred to the Committee on Ways and Means.
HB 206. By Mr. Hull of the 104th: A Bill to be entitled an Act to amend an Act relating to insurance, so as to delete the requirements 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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299
HR 117-206. By Messrs. Wilson of the 102nd, Jordan of the 103rd, McDaniell and Howard of the 101st:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a Zoning and Planning Commission for the unincorporated and/or incorporated areas of Cobb County and for various codes in connection therewith; and for other purposes.
Referred to the Committee on Local Affairs.
HB 207. By Messrs. Dillon of the 128th, Adams of the 125th, Brown of the 135th, Lea of the 126th, Carnes of the 129th and others:
A Bill to be entitled an Act to provide that certain notes and instru ments evidencing indebtedness which require the repayment of a sum in excess of twenty-five percent of that sum devoted to the retirement of the principal indebtedness shall be usurious; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 208. By Messrs. Egan of the 141st, Tye of the 115th, and McClatchey of the 138th:
A Bill to be entitled an Act to amend Title 92 (Public Revenue), so as to amend Code Section 92-3103 as to when fiduciaries and beneficiaries are taxable and when they are relieved from tax on income of estates or trusts; and for other purposes.
Referred to the Committee on Judiciary.
HB 209. By Messrs. Wells of the 30th, Blalock of the 33rd, Parker of the 55th, Smith of the 44th, Colwell of the 5th 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 minimum salaries established by the State Board of Education of drivers of cer tain school buses; and for other purposes.
Referred to the Committee on Education.
HB 210. By Mr. Leonard of the 3rd:
A Bill to be entitled an Act to abolish the present mode of compensat ing the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Murray County, known as the fee system; to pro vide in lieu thereof annual salaries for such officers; and for other purposes.
Referred to the Committee on Local Affairs.
HB 211. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend the Act approved August 20, 1927, providing that cities having a population of more than 150,000
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shall furnish pensions to officers and employees of such cities, so as to provide that in determining pensions for total and permanent disability or death, fractional parts of years of service shall be counted; and for other purposes.
Referred to the Committee on Local Affairs.
HB 212. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend the Act approved August 20, 1927, providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to repeal the provisions providing for a refund of contributions by mem bers to such member or his beneficiary when such member shall be compelled to retire because of age or disability, or shall die; and for other purposes.
Referred to the Committee on Local Affairs.
HB 213. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend the Act approved August 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to provide that fractional parts of years of service shall be counted in determining the pension of a beneficiary of an employee who shall die while in active service; and for other purposes.
Referred to the Committee on Local Affairs.
HB 214. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend the Act approved August 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to pro vide that fractional parts of years shall be counted in determining the pro rata pension when the officer or employee has become totally and permanently disabled by result of injuries sustained in the line of duty at any time after 5 years' service; and for other purposes.
Referred to the Committee on Local Affairs.
HB 215. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend the Act approved August 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to repeal the provisions providing that no person shall be granted any pension for disability until such person has been in the employment of the city for a period of 15 years; 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:
FRIDAY, JANUARY 21, 1966
301
HB 147. By Messrs. Higginbotham, Westlake, Bean and Evensen of the 119th and Jordan of the 103rd:
A Bill to be entitled an Act to amend Code Section 87-201, relating to the manner in which elections shall be held by counties, municipalities or divisions on the issue of bonds, so as to provide that every bond issue shall contain in the legal advertisement a reference that any brochures, listings or other advertisements shall be deemed to be a state ment of intention of the governing body concerning the use of the bond funds; and for other purposes.
HB 148. By Mr. Busbee of the 79th:
A Bill to be entitled an Act to amend an Act creating the Peace Of ficers' Annuity and Benefit Fund, so as to provide for penalties and interest on funds to be remitted to the Board of Commissioners; and for other purposes.
HB 149. By Messrs. Smith of the 90th, Hale of the 1st, Melton of the 34th, Smith of the 54th, Busbee of the 79th, Harris of the 118th, Gaissert of the 34th and Steis of the 100th:
A Bill to be entitled an Act to amend an Act reorganizing the State Department of Law, so as to provide for the appointment, employment and removal of Assistant Attorneys General, Deputy Assistant At torneys General, Law Assistants, and other employees; and for other purposes.
HB 150. By Mr. Lovell of the 6th: A Bill to be entitled an Act to amend an Act to provide for compensa tion of the Ordinary of Rabun County, so as to change the compensa tion of the Ordinary of Rabun County; and for other purposes.
HB 151. By Messrs. Vaughn and Harris of the 14th: A Bill to be entitled an Act to create and establish a joint Airport Authority for the City of Cartersville and the County of Bartow; and for other purposes.
HB 152. By Messrs. Harris and Vaughan of the 14th: A Bill to be entitled an Act to amend an Act incorporating the City of Adairsville, so as to extend and redefine the corporate limits of the City; and for other purposes.
HB 153. By Messrs. Harris and Vaughan of the 14th: A Bill to be entitled an Act to amend an Act incorporating the City of Adairsville, so as to provide that compensation be paid to the mem bers of the Mayor and Council; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 154. By Messrs. Barber of the 24th, Harris of the 118th, and Busbee of the 79th:
A Bill to be entitled an Act to create the "Commission on the Status of Women"; and for other purposes.
HB 155. By Messrs. Minge, Starnes and Lowrey of the 13th, Steis of the 100th, Jones and Brinkley of the 112th and Walling of the 118th:
A Bill to be entitled an Act to amend an Act which authorized the acceptance and payment of cash bonds from persons charged with violation of traffic, game, fish or boating laws, so as to include within the purview of said Act violation of public drunkenness laws; and for other purposes.
HB 156. By Messrs. Minge and Lowrey of the 13th, Steis of the 100th, Brinkley of the 112th, Farrar and Walling of the 118th:
A Bill to be entitled an Act to provide for the State of Georgia to have a right of appeal to the Appellate Courts of this State in criminal cases in certain specified cases; and for other purposes.
HB 157. By Messrs. Overby of the 16th, Pickard of the 112th, Johnson of the 25th, Lowrey of the 13th, Newton of the 94th and others:
A Bill to be entitled an Act to amend an Act approved February 7, 1952, relating to taxation of banks by striking and repealing Sections 1 and 2 thereof in their entirety and by substituting a new Section in lieu thereof; and for other purposes.
HB 158. By Mr. Harrison of the 98th:
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 prohibit any fishing for shrimp, crab or fish in any waters of St. Andrews Sound and Cumberland Sound with power drawn nets during certain periods of the year; and for other purposes.
HB 159. By Mr. Harrison of the 98th:
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 authorize the governing authority to execute deeds to secure debt and security deed notes encumbering city-owned real property as security for money loaned to the city; and for other purposes.
HB 160. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Folkston in the County of Charlton, so as to provide for council posts; and for other purposes.
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303
HB 161. By Messrs. Harrison of the 98th and Harris of the 118th:
A Bill to be entitled an Act to amend Code Section 46-101, relating to the right to the process of garnishment, so as to provide that no garnish ment shall issue against wages until thirty days after final judgment; and for other purposes.
HB 162. By Mr. Games of the 129th:
A Bill to be entitled an Act to provide that in all counties having a population of 500,000 or more, the office of Justice of the Peace Emeritus shall be created; and for other purposes.
HB 163. By Messrs. Parrish of the 96th and Pafford of the 97th:
A Bill to be entitled an Act abolishing the fee system existing in the superior courts of the Alapaha Judicial Circuit, so as to change the compensation paid to the Solicitor General; and for other purposes.
HB 164. By Messrs. Wells of the 30th, Richardson of the 116th, Jones of the 112th, Steis of the 100th and Lowrey of the 13th:
A Bill to be entitled an Act to amend an Act amending the adoption laws, so as to change the waiting period before final adoption; and for other purposes.
HB 165. By Messrs. Barber of the 24th and Harris of the 118th:
A Bill to be entitled an Act to provide for the distribution of property when there is no sufficient evidence that persons have died otherwise than simultaneously; and for other purposes.
HR 88-165. By Mr. Harrison of the 98th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Camden County to bind said county by contract with any corporation, partnership or individual, so as to provide a stabilized property tax program for said county; and for other purposes.
HR 89-165. By Mr. Harrison of the 98th:
A Resolution proposing an amendment to the Constitution so as to create the Camden County Development Authority; and for other pur poses.
HR 90-165. By Mr. Harrison of the 98th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Charlton County to bind said county by contract with any corporation, partnership or individual, so as to provide a stabilized property tax program for said county; and for other purposes.
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HR 91-165. By Mr. Harrison of the 98th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of the City of Folkston to bind said city by contract with any corporation, partnership or individual so as to provide a stabilized property tax program for said city; and for other purposes.
HR 92-165. By Mr. Byrd of the 28th: A Resolution compensating Dennis H. Ford; and for other purposes.
HR 93-165. By Mr. Overby of the 16th: A Resolution to compensate Den M. Acres, Jr.; and for other purposes.
HR 94-165. By Mr. Overby of the 16th: A Resolution compensating Mrs. Helen Martin; and for other purposes.
HR 95-165. By Mr. Reaves of the 99th: A Resolution compensating M. J. Gaddis; and for other purposes.
HR 96-165. By Mr. Reaves of the 99th: A Resolution compensating J. A. Jarvis; and for other purposes.
HR 97-165. By Mr. Reaves of the 99th:
A Resolution proposing an amendment to the Constitution so as to create the Brooks County Development Authority; and for other pur poses.
HR 98-165. By Messrs. Harris and Vaughan of the 14th:
A Resolution proposing an amendment to the Constitution so as to create the Adairsville Development Authority; and for other purposes.
HB 166. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act known as 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, retirement and profit sharing plans providing benefits pay able in fixed or variable dollar amounts; and for other purposes.
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305
HB 167. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to provide that any petit juror drawn, selected and summoned for service in the Superior Court of any county wherein are located any courts having countywide jurisdiction concur rent with the Superior Court of this State, shall be legally competent and qualified to serve as a juror in such other courts under certain conditions; and for other purposes.
HB 168. By Mr. McClatchey of the 138th:
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 to make any false statement in writing respecting financial conditions; and for other purposes.
HB 169. By Messrs. Pickard of the 112th, Farrar of the 118th, Barber of the 24th and Story of the 22nd:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide for an additional member of the Board of Trustees of the System; and for other purposes.
HB 170. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry of the 110th, Shields and Thompson of the lllth:
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 remove the resident requirements of persons learning the barber trade; and for other purposes.
HB 171. By Messrs. Harris of the 118th and Vaughn of the 117th:
A Bill to be entitled an Act to amend Code Section 92-220 of the Code of Georgia of 1933, so as to repeal the provision relating to time for making application for homestead exemptions in certain counties; and for other purposes.
HB 172. By Messrs. Harris of the 118th and Vaughn of the 117th:
A Bill to be entitled an Act to amend Code Section 92-6913 of the Code of Georgia of 1933, describing the duty of the board of tax assessors to ascertain what property is subject to taxation and describing penalty for unreturned taxes, so as to repeal the provision relating to certain counties; and for other purposes.
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HB 173. By Messrs. Harris of the 118th and Vaughn of the 117th:
A Bill to be entitled an Act to amend Code Section 92-6201 of the Code of Georgia of 1933, providing for the time of making tax returns, so as to repeal the provision relating to the time for closing books for the return of taxes in counties having a population of 250,000 and not more than 500,000; and for other purposes.
HB 174. By Messrs. Harris of the 118th and Vaughn of the 117th:
A Bill to be entitled an Act to amend Code Section 92-6917, relating to the revision and completion of tax assessments, so as to repeal the provision relating to the tax receiver or tax commissioner of any county having a population of 250,000 and not more than 500,000; and for other purposes.
HB 175. By Messrs. Harris of the 118th and Vaughn of the 117th:
A Bill to be entitled an Act to amend Code Section 92-6402 of the Code of Georgia of 1933, providing for the payment of taxes to the county in which returns are made, so as to repeal the provision relating to taxes in any county having a population of 250,000 and not more than 500,000; and for other purposes.
HB 176. By Messrs. Moore of the 20th, Story of the 22nd and Parker of the 55th:
A Bill to be entitled an Act to amend an Act establishing a retirement system in the State Public Schools, so as to provide that the word "teacher" shall also include the director and any associate directors of the Georgia Council on Education; and for other purposes.
HB 177. By Messrs Carnes of the 129th, Daugherty of the 134th, Gates and Cook of the 123rd: A Bill to be entitled an Act to amend an Act to establish the Criminal Court of Atlanta, so as to provide for the number of investigators which may be appointed by the Solicitor-General; and for other purposes.
HB 178. By Messrs. Fulford of the 67th, McDaniell of the 101st, Knight of the 60th, Stalnaker of the 59th, Rowland of the 48th and others:
A Bill to be entitled an Act to provide for the adoption of a minimum plumbing code in the State of Georgia; to provide that the State De partment of Public Health shall be responsible for the enforcement of the code; and for other purposes.
HB 179. By Messrs. Fulford of the 67th, McDaniell of the 101st, Knight of the 60th, Stalnaker of the 59th, Rowland of the 48th and others:
A Bill to be entitled an Act to provide for the adoption of the National Electrical Code as the minimum code for electrical work in the State
FRIDAY, JANUARY 21, 1966
307
of Georgia; to provide that the State Fire Marshal shall be responsible for the enforcement of the code; and for other purposes.
HR 109-179. By Mr. Jordan of the 103rd:
A Resolution authorizing a survey to be made by the Secretary of State; and for other purposes.
HB 180. By Mr. Funk of the 116th:
A Bill to be entitled an Act to amend Code Section 34-1208, relating to the form of ballot labels on voting machines, so as to provide that if the construction of voting machines require it, the ballot label for each candidate, group of candidates, political party or body, or question, to be voted on shall bear on the reverse side the designating letter or num ber of the machine which will register or record votes therefor; and for other purposes.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill and resolution of the Senate, to-wit:
SB 9. By Senator Wesberry of the 37th:
A bill to amend an Act requiring employees of the State to take a prescribed loyalty oath, approved Feb. 23, 1949 (Ga. Laws 1949, p. 960), as amended, so as to provide for an amended oath form; and for other purposes.
SR 7. By Senator Kendrick of the 32nd:
A resolution designating the J. M. "Hoot" Gibson Bridge; and for other purposes.
Mr. Ware of the 42nd District, 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 45. Do Pass as Amended. HB 149. Do Pass.
Respectfully submitted, Ware of the 42nd, Chairman.
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Mr. Brinkley of the 112th District, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the follow ing Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 107. Do Pass.
HB 124. Do Pass.
HB 129. Do Pass.
HB 130. Do Pass.
HB 144. Do Pass.
HR 80-132. Do Pass.
Respectfully submitted, Brinkley of the 112th, Chairman.
The following communications were received and read:
January 20, 1966
TO: HONORABLE BEN W. FORTSON, JR. SECRETARY OF STATE
This is to certify that Honorable Robert A. White 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 5th Congressional District for a term of five years and until his successor is elected and qualified, such term beginning on April 16, 1966, and expiring April 15, 1971.
This 20th day of January, 1966.
PETER ZACK GEER President of the Senate
GEORGE T. SMITH Speaker, House of Representatives
January 20, 1966
TO: HONORABLE BEN W. FORTSON, JR. SECRETARY OF STATE
This is to certify that Honorable Reginald Trice 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
FRIDAY, JANUARY 21, 1966
309
from the 6th Congressional District for a term of five years and until his suc cessor is elected and qualified, such term beginning on April 16, 1966, and ex piring April 15, 1971.
This 20th day of January, 1966.
PETER ZACK GEER President of the Senate GEORGE T. SMITH Speaker, House of Representatives
Honorable Peter Zack Geer Lieutenant Governor State Capitol Atlanta, Georgia
January 20, 1966
Dear Lieutenant Governor Geer:
Pursuant to your call for a caucus under the provisions of the Act reorganiz ing the State Highway Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), a caucus was held on January 19, 1966, at 9:00 o'clock A. M., in Room 341, State Capitol, and a member of the State Highway Board from the 5th Congressional District was elected. This is to advise that Honorable Robert A. White, Fulton County, was elected to succeed himself.
Respectfully submitted,
FRANK R. LEA Representative, 126th District Chairman 5th Congressional District Caucus
DEVEREAUX F. McCLATCHEY Representative, 138th District Secretary 5th Congressional District Caucus
Honorable George T. Smith Speaker House of Representatives State Capitol Atlanta, Georgia
January 20, 1966
Dear Speaker Smith:
Pursuant to your call for a caucus under the provisions of the Act reorganiz ing the State Highway Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), a caucus was held on January 19, 1966, at 9:00 o'clock A. M., in Room 341, State Capitol, and a member of the State Highway Board from the 5th Congressional
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District was elected. This is to advise that Honorable Robert A. White, Fulton County, was elected to succeed himself.
Respectfully submitted,
FRANK R. LEA Representative 126th District Chairman 5th Congressional District Caucus
DEVEREAUX F. McCLATCHEY Representative, 138th District Secretary 5th Congressional District Caucus
Honorable Peter Zack Geer Lieutenant Governor State Capitol Atlanta, Georgia
January 20, 1966
Dear Lieutenant Governor Geer:
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 19, 1966, at 10:00 o'clock A. M., in Room 341, State Capitol, and a member of the State Highway Board from the 6th Congressional District was elected. This is to advise that Honorable Reginald Trice, Bibb County, was elected to succeed himself.
Respectfully submitted,
D. B. BLALOCK Representative, 33rd District Chairman 6th Congressional District Caucus
WILLIAM J. WIGGINS Representative, 32nd District Secretary 6th Congressional District Caucus
Honorable George T. Smith Speaker House of Representatives State Capitol Atlanta, Georgia
January 20, 1966
Dear Speaker Smith:
Pursuant to your call for a caucus under the provisions of the Act reorganiz ing the State Highway Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), a caucus was held on January 19, 1966, at 10:00 o'clock A. M., in Room 341, State
FRIDAY, JANUARY 21, 1966
311
Capitol, and a member of the State Highway Board from the 6th Congressional District was elected. This is to advise that Honorable Reginald Trice, Bibb County, was elected to succeed himself.
Respectfully submitted,
D. B. BLALOCK Representative, 33rd District Chairman 6th Congressional District Caucus
WILLIAM J. WIGGINS Representative, 32nd District Secretary 6th Congressional District Caucus
By unanimous consent, the following Bill and Resolution of the Senate were read the first time and referred to the Committees:
SR 7. By Senator Kendrick of the 32nd:
A Resolution designating the J. M. "Hoot" Gibson Bridge; and for other purposes.
Referred to the Committee on Highways.
SB 9. By Senator Wesberry of the 37th: A Bill to be entitled an Act to amend an Act requiring employees of the State to take a prescribed loyalty oath, so as to provide for an amended oath form; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Special Judiciary:
HB 147. By Messrs. Higginbotham, Westlake, Bean and Evensen of the 119th and Jordan of the 103rd: A Bill to be entitled an Act to amend Code Section 87-201, relating to the manner in which elections shall be held by counties, municipalities or divisions on the issue of bonds, so as to provide that every bond issue shall contain the legal advertisement a reference that any bro chures, listings or other advertisements shall be deemed to be a state ment of intention of the governing body concerning the use of the bond funds; 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:
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HB 73. By Mr. Spillers of the 37th:
A Bill to be entitled an Act to amend an Act granting a new charter to the City of Covington, Georgia, as amended, so as to clarify certain provisions 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 108. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act establishing the City Court of Reidsville, as amended, so as to increase 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 115. By Mr. Murphy of the 26th: A Bill to be entitled an Act to amend an Act providing an annual salary for the treasurer of Haralson County, as amended, so as to increase the compensation of the treasurer of Haralson County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, JANUARY 21, 1966
313
HB 116. By Mr. Murphy of the 26th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Haralson County, as amended, so as to increase the salary of the Commissioner of Roads and Revenues for Haralson County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 107. By Mr. Longino of the 122nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Pairburn, so as to extend the City Limits; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 124. By Mr. Wells of the 30th:
A Bill to be entitled an Act to abolish the present system of compensating the Sheriff of Oglethorpe County, known as the fee system, and to pro vide 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 129. By Mr. Rush of the 75th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Reidsville, as amended, so as to change the method of compensating the solicitor, clerk and the sheriff of said court; 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 130. By Messrs. Dailey of the 66th, Howell of the 86th, Fulford of the 67th and others:
A Bill to be entitled an Act to amend an Act fixing the compensation of the solicitr general of the Pataula Judicial Circuit, as amended, so as to increase the compensation of the solicitor general of the Pataula 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 144. By Messrs. Carr and Rowland of the 48th:
A Bill to be entitled an Act to amend, consolidate and supersede the previous acts relating to the incorporation of the town of Harrison and to provide a new charter 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 120, nays 0.
FRIDAY, JANUARY 21, 1966
315
The Bill, having received the requisite constitutional majority, was passed.
Mr. Smith of the 54th moved that the House do now adjourn until 10:00 o'clock, Monday morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, Monday morning.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Monday, January 24, 1966
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order hy the Speaker.
Prayer was offered by Hon. Earl Story, Representative of the 22nd District.
The roll was called and the following Representatives answered to their names :
Abney Adams Alexander Alien Anderson
Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley
Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Cook Cox Crowe
Dailey Daugherty Davis Dean DeLong Dickinson
Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge Evensen Farrar
Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon
Higginbotham Hill Holder Hood Houston
Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C.
Jordan, W. H. Kiley Knapp Knight Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R.
Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard
MONDAY, JANUARY 24, 1966
317
Powers Rainey Reaves Reid Richardson Roach Ross Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story
Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Mr. Black of the 56th, 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.
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JOURNAL OF THE HOUSE,
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 216. By Mr. Cox of the 127th:
A Bill to be entitled an Act to amend Code Chapter 56-18 of the Geor gia Insurance Code, relating to non-profit medical service corporations, so as to clarify certain definitions therein; and for other purposes.
Referred to the Committee on Insurance.
HB 217. By Mr. Pulford of the 67th:
A Bill to be entitled an Act to amend Title 88 of the Code of Georgia of 1933, relating to public health, so as to change the membership of the county boards of health to include a doctor of osteopathy; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 218. By Messrs. Higginbotham of the 119th and Mitchell of the 3rd:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to hunt deer in this State unless he shall wear some fluores cent orange article of clothing clearly visible from both front and rear; and for other purposes.
Referred to the Committee on Game and Fish.
HR 118-218. By Messrs. Westlake, Bean and Higginbotham of the 119th, Colwell of the 5th, Brackin of the 87th and many others:
A Resolution creating a committee of the House and Senate on UnAmerican Activities; and for other purposes.
Referred to the Committee on Rules.
HR 119-218. By Messrs. Gignilliat and Powers of the 113th, Gaynor and Smith of the 114th, Kiley and Tye of the 115th, Funk, Richardson and Drew of the 116th:
A Resolution creating the Forward Georgia Commission; and for other purposes.
Referred to the Committee on Rules.
HB 219. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend Code Section 84-409, relating to the qualifications and requirements prescribed prior to issuing a mas-
MONDAY, JANUARY 24, 1966
319
ter barber's certificate of registration, so as to change the qualifica tions and requirements an applicant must meet prior to receiving a master barber's certificate of registration; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 220. By Mr. Palmer of the 117th:
A Bill to be entitled an Act to amend Code Chapter 88-19, constituting a part of the Georgia Health Code, relating to regulations of hospitals and related institutions, so as to provide that any person, hospital or other organization may provide information or other data relating to the condition and treatment of any person to research groups; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 181. By Mr. Crowe of the 80th:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Worth County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 182. By Mr. Hadaway of the 46th: A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Jasper County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 183. By Mr. Murphy of the 26th: A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff and ordinary of Haralson County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 184. By Messrs. Newton and Lewis of the 50th: A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Jenkins County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 185. By Mr. Brackin of the 87th: A Bill to be entitled an Act creating a small claims court in each county in this State having a certain population; and for other pur poses.
320
JOURNAL OF THE HOUSE,
HB 186. By Mr. Brackin of the 87th:
A Bill to be entitled an Act to fix, allow and provide for the compensa tion of the sheriff of Miller County; and for other purposes.
HB 187. By Messrs. Underwood of the 61st, Williams and Wood of the 16th, Harris and Smith of the 85th:
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 certain vehicles on which all ad valorem taxes have been paid, and who are contractors for the construction of highways with the State Highway Department may exceed a certain weight, width and length requirements without obtaining a special permit; and for other purposes.
HB 188. By Mr. Underwood of the 61st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the town of Higgston, so as to change the corporate limits; and for other purposes.
HB 189. By Messrs. Gaynor and Smith of the 114th, Tye of the 115th, Richard son of the 116th, Gignilliat and Powers of the 113th and others:
A Bill to be entitled an Act to increase the official bond of the sheriff of Chatham County; and for other purposes.
HB 190. By Messrs. Gaynor and Smith of the 114th, Richardson of the 116th, Gignilliat and Powers of the 113th, Tye of the 115th and others:
A Bill to be entitled an Act to increase the official bond of the clerk of the superior court of Chatham County; and for other purposes.
HB 191. By Mr. Parrish of the 96th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Cook County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 192. By Messrs. Conner of the 91st, Pafford of the 97th and Thomas of the 77th:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to provide for a new classification for trucks transport ing forest products; and for other purposes.
MONDAY, JANUARY 24, 1966
321
HB 193. By Messrs. Lowrey of the 13th, Newton of the 94th, Russell and Oglesby of the 92nd, Reaves of the 99th, Wells of the 30th, Overby and Williams of the 16th:
A Bill to be entitled an Act to amend Code Chapter 42-2, relating to concentrated commercial feeding stuffs, so as to change the inspection fee upon concentrated commercial feedings stuffs; and for other pur poses.
HB 194. By Messrs. Richardson of the 116th, Tye of the 115th, Gaynor of the 114th, Gignilliat and Powers of the 113th and others:
A Bill to be entitled an Act to amend Code Section 92-6402 of the Code of Georgia of 1933, relating to the payment of taxes to the county in which returns are made, so as to provide that in certain counties, taxes shall become due in two equal installments, one-half the 1st of July of each year and one-half the 1st of November of each year; and for other purposes.
HB 195. By Mr. NeSmith of the 43rd:
A Bill to be entitled an Act to amend an Act placing the compensation of the Sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meriwether County on a salary basis in lieu of a fee basis, so as to change the compensation of the sheriff, the clerk of the Supe rior Court and the Ordinary; and for other purposes.
HB 196. By Mr. NeSmith of the 43rd:
A Bill to be entitled an Act to amend an Act abolishing the office of Treasurer of Meriwether County and providing for depositories for the deposit of County funds, so as to change the provisions relating to the depositories for the deposit of county funds; and for other pur poses.
HR 111-196. By Mr. Barber of the 24th:
A Resolution creating the Alcohol Education Study Committee; and for other purposes.
HR 112-196. By Mrs. Merritt of the 68th and Mr. Blair of the 68th:
A Resolution authorizing the conveyance of a certain tract of stateowned property; and for other purposes.
HR 113-196. By Mr. Harrison of the 98th:
A Resolution proposing an amendment to the Constitution so as to create the City of Woodbine Development Authority; and for other purposes.
322
JOURNAL OF THE HOUSE,
HE 114-196. By Mr. Floyd of the 7th:
A Resolution proposing an amendment to the Constitution so as to create the Chattooga County Development Authority; and for other purposes.
HB 197. By Mr. Hale of the 1st:
A Bill to be entitled an Act to amend the Uniform Act Regulating Traffic on Highways, so as to re-define certain words and phrases; to provide that official traffic control devices are presumed to have been installed by lawful authority; to provide for lane control signal devices; and for other purposes.
HB 198. By Mr. Hale of the 1st:
A Bill to be entitled an Act to amend an Act known as the "General Appropriations Act of 1965", so as to provide that the funds appro priated to the State Highway Department for the year 1966, for pay ment of lease rental obligations to the State Office Building Authority, shall include the sum of $212,439 specifically designated for the pay ment of one year's rent on the State Highway Department Laboratory Building; and for other purposes.
HB 199. By Mr. Hale of the 1st:
A Bill to be entitled an Act known as the "State Office Building Au thority Act", so as to change the definition of the word "project"; and for other purposes.
HB 200. By Messrs. Hale, Abney and Snow of the 1st, Harris of the 85th, Howard of the 101st, Lee of the 79th and others:
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; to provide for certain excep tions and exemptions from the educational requirements; and for other purposes.
HB 201. By Messrs. Blalock of the 33rd and Underwood of the 61st:
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.
HR 115-201. By Mr. Crowe of the 80th:
A Resolution proposing an amendment to the Constitution so as to create Worth County Industrial Development Authority; and for other purposes.
MONDAY, JANUARY 24, 1966
323
HB 202. By Messrs. Dollar of the 89th, Richardson of the 116th, Brinkley of the 112th, Harris of the 85th, Reaves of the 99th and others:
A Bill to be entitled an Act to amend an Act creating the "Georgia Ports Authority", so as to change the membership comprising said authority; and for other purposes.
HB 203. By Messrs. Smith of the 3rd, Tucker of the 36th, Newton of the 94th, Herndon of the 74th, Abney of the 1st and others:
A Bill to be entitled an Act to authorize State Personnel Board to pro vide Health Insurance Plan for employees of city boards of health; and for other purposes.
HB 204. By Messrs. Busbee of the 79th and Cook of the 123rd:
A Bill to be entitled an Act to amend an Act entitled the "Statewide Probation Act", so as to provide that in the court's discretion the adjudication of the guilt of an accused may be stayed and withheld as well as the imposition of sentence; and for other purposes.
HB 205. By Mr. Fleming of the 106th:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for the exemption of certain machinery from the tax imposed by the provisions of said Act; and for other purposes.
HB 206. By Mr. Hull of the 104th:
A Bill to be entitled an Act to amend an Act relating to insurance, so as to delete the requirements 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.
HR 117-206. By Messrs. Wilson of the 102nd, Jordan of the 103rd, McDaniell and Howard of the 101st:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a Zoning and Planning Commission for the unincorporated and/or incorporated areas of Cobb County and for various codes in connection therewith; and for other purposes.
HB 207. By Messrs. Dillon of the 128th, Adams of the 125th, Brown of the 135th, Lea of the 126th, Carnes of the 129th and others:
A Bill to be entitled an Act to provide that certain notes and instru ments evidencing indebtedness which require the repayment of a sum in excess of twenty-five percent of that sum devoted to the retirement of the principal indebtedness shall be usurious; and for other purposes.
324
JOURNAL OF THE HOUSE,
HB 208. By Messrs. Egan of the 141st, Tye of the 115th, and McClatchey of the 138th:
A Bill to be entitled an Act to amend Title 92 (Public Revenue), so as to amend Code Section 92-3103 as to when fiduciaries and benefici aries are taxable and when they are relieved from tax on income of estates or trusts; and for other purposes.
HB 209. By Messrs. Wells of the 30th, Blalock of the 33rd, Parker of the 55th, Smith of the 44th, Colwell of the 5th 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 minimum salaries established by the State Board of Education of drivers of cer tain school buses; and for other purposes.
HB 210. By Mr. Leonard of the 3rd:
A Bill to be entitled an Act to abolish the present mode of compensat ing the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Murray County, known as the fee system; to pro vide in lieu thereof annual salaries for such officers; and for other purposes.
HB 211. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act approved August 20, 1927, providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide that in deter mining pensions for total and permanent disability or death, fractional parts of years of service shall be counted; and for other purposes.
HB 212. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend the Act approved August 20, 1927, providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to repeal the provisions providing for a refund of contributions by mem bers to such member or his beneficiary when such member shall be compelled to retire because of age or disability, or shall die; and for other purposes.
HB 213. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend the Act approved August 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to provide that fractional parts of years of service shall be counted in determining the pension of a beneficiary of an employee who shall die while in active service; and for other purposes.
MONDAY, JANUARY 24, 1966
325
HB 214. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend the Act approved August 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to provide that fractional parts of years shall be counted in determining the pro rata pension when the officer or employee has become totally and permanently disabled by result of injuries sustained in the line of duty at any time after 5 years' service; and for other purposes.
HB 215. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend the Act approved August 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to repeal the provisions providing that no person shall be granted any pension for disability until such person has been in the employment of the city for a period of 15 years; and for other purposes.
SR 7. By Senator Kendrick of the 32nd:
A Resolution designating the J. M. "Hoot" Gibson Bridge; and for other purposes.
SB 9. By Senator Wesberry of the 37th:
A Bill to be entitled an Act to amend an Act requiring employees of the State to take a prescribed loyalty oath, so as to provide for an amended oath form; and for other purposes.
Mr. Chandler of the 47th District, 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 Chairman, to report the same back to the House with the following recom mendations :
HR 62-110. Do Pass.
HR 9- 13. Do Pass.
Respectfully submitted, Chandler of the 47th, Chairman.
The Speaker presented Senator Jackson of the 16th, President Pro Tempore of the Senate, who introduced Mr. James E. Hickey, Jr., General Manager of the Columbus Ledger-Enquirer.
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JOURNAL OP THE HOUSE,
Mr. Hickey spoke briefly then presented Mr. Charlie Black, who addressed the House on the Viet Nam situation.
The Speaker presented Mr. Elmer George, Executive Director of the Georgia Municipal Association who introduced Mr. Malcolm McClean, First Vice-Presi dent of the Georgia Municipal Association and the Mayor of Savannah, Georgia, for the purpose of addressing the Members of the House.
Mr. Simkins of the 106th arose to a point of personal privilege and ad dressed the House.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 45. By Messrs. Harris of the 118th, Smith of the 90th, Hale of the 1st, Busbee of the 79th and Lambert of the 38th:
A Bill to be entitled an Act to authorize and empower the Department of Public Safety to use timing devices and radar equipment to enforce traffic ordinances and laws and safety regulations on the streets, roads and highways of the State of Georgia; and for other purposes.
Mr. Lane of the 64th moved that HB 45 and all amendments thereto be tabled.
On the motion to table, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Alien Anderson Bagby Barfield Bean Bennett Berry Black Bowen Brackin Brantley Brown, M. P. Bryant Caldwell
Clarke, H. G. Collins, J. P. Collins, M. Colwell Cox Dailey Daugherty Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew
Duncan Elliott Etheridge Evensen Fleming Floyd Gary Grahl Grier Hadaway Harrell Harrington Harris, J. F. Harris, R. W. Harrison Hawkins
MONDAY, JANUARY 24, 1966
327
Henderson Higginbotham Hill Holder Hood Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jordan, Ben C. Knight Land Lane Leonard
Lewis Lovell Lovett Maddox Marshall Mauldin McCracken
Mitchell Mixon Moore, Don C. Murphy Newton, A. S. Odom Overby Pafford Paris Parker Parrish Phillips Pickard Rainey Richardson Roach Ross Rowland Rush Savage Sherman Simkins
Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Snellings Stalnaker Stewart Story Stovall Sullivan Taylor Thomas Thompson, A. W. Tucker Tye Vaughan, D. N. Watkins Watson Wells Westlake Williams, G. J. Wilson, R. W.
Those voting in the negative were Messrs.:
Abney Barber Blalock Brinkley Brown, B. D. Brown, C. Busbee Carley Gates, G. Conner Davis Egan Farrar Funk Gaissert Gaynor Gignilliat Hale Hamilton Harris, J. R. Herndon
Houston Howard Howell Jones, M. Jordan, W. H. Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Longino Lowrey Malone Matthews, D. R. McClatchey Melton Minge Moore, J. H. NeSmith, J. D. Palmer
Peterson Powers Shields Sims Smith, W. L. Snow Spikes Spillers Starnes Steis Townsend Underwood Vaughn, C. R. Walling Ware Webb Wiggins Williams, W. M. Wood
Those not voting were Messrs.:
Bedgood Blair Byrd Games
Carr Chandler Clark, J. T. Conger
Cook Crowe Fulford Irvin
328
Jones, C. M. Kiley Levitas Matthews, C. McDaniell Merritt
JOURNAL OP THE HOUSE,
Nessmith, P. Newton, D. L. Oglesby Otwell Reaves Reid
Russell Sweat Thompson, R. Wilson, J. M. Mr. Speaker
On the motion to table, the ayes were 113, nays 61.
The motion prevailed and HB 45 was placed on the table.
HB 126. By Messrs. Johnson of the 40th, Mitchell of the 3rd, Anderson of the 71st and many others:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to require certain motor vehicles employed by the Department of Public Safety for the purpose of traffic enforcement to be marked and equipped with certain uniform fixtures; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Bagby Barber Barfield Bean Bennett Berry Black Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P.
Bryant Busbee Byrd Caldwell Carley Games Carr Cates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Cox Dailey Daugherty
Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge Evensen Farrar Fleming Floyd
MONDAY, JANUARY 24, 1966
329
Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Houston Howard Howell Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Leonard Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don. C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odoni Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Richardson Roach Ross
Rowland Rush Savage Sherman Sims Simkins Smith, A. B. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Story Stovall Sullivan Sweat Taylor Thomas Thompson Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson R. W. Wood
Those not voting were Messrs. :
Alien Bedgood Blair Bo wen Conner Cook Crowe Fulford Harris
Irvin Land Matthews, C. Matthews, D. R. Oglesby Rainey Reaves Reid Russell
Shields Smith, G. L. II Smith, J. R. Stewart Thompson, A. W. Ware Mr. Speaker
330
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 179, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 17. By Messrs. Levitas and Harris of the 118th and Harris of the 85th:
A Bill to be entitled an Act to create a commission to be known as the "Law Revision Commission"; and for other purposes.
The following Committee Substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act approved March 10, 1959 (Ga. Laws 1959, p. 152) as amended by an Act approved March 28, 1961 (Ga. Laws 1961, p. 230), relating to the Legislative Services Com mittee, to establish as an adjunct thereof a "Code Revision Council" and provide for its membership, the participation of the Legislative Counsel and Legislative Counsel's staff, compensation and reimburse ment of expenses, appointment of advisory groups; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act approved March 10, 1959 (Ga. Laws 1959, p. 152), as amended by an Act approved March 28, 1961, (Ga. Laws 1961, p. 230), relating to the Legislative Services Committee is hereby further amend ed to add the following section to be numbered as Section 8; Section 8 and the subsequent sections of said Act are hereby renumbered appro priately to accommodate this new Section 8.
"Section 8. In aid of the Legislative Services Committee and its responsibility to provide for the codification of the laws of this State, as provided in Section 2, there is hereby created an adjunct of said Legislative Services Committee to be known as the "Code Re vision Council". Its membership shall be the Chairman of the Judi ciary Committee of the Senate, the Chairman of the Judiciary Com mittee of the House (both as members of the Legislative Services Committee), one additional Senate member of the Legislative Serv ices Committee, preferably a lawyer, appointed by the President of the Senate, and one additional House member of the Legislative Services Committee, preferably a lawyer, appointed by the Speaker of the House, making a total of four members of the Legislative Services Committee on the Code Revision Council. In addition, the deans of the law schools at the University of Georgia, Mercer Uni versity and Emory University shall be members of the Code Re vision Council, so that the total membership of the Code Revision Council shall be seven persons. In each even-numbered year the Chairman of the Judiciary Committee of the Senate shall serve as
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Chairman of the Council, and the Chairman of the Judiciary Com mittee of the House shall serve as Vice-Chairman of the Council, and in odd-numhered years the Chairman of the Judiciary Com mittee of the House shall serve as Chairman of the Council, and the Chairman of the Judiciary Committee of the Senate shall serve as Vice-Chairman of the Council. The Legislative Counsel shall serve as the Secretary of the Council. The legislator-members of the Council shall receive no additional compensation, per diem, expenses or allowances for service on the Council during sessions of the General Assembly, but for each day spent in the performance of their duties hereunder between sessions such legislator-members, and the other members of the Council as well shall receive the com pensation, per diem, expenses and allowances authorized for in terim legislative committees, upon certification thereof by the Chair man of the Legislative Services Committee to the State Treasurer.
"The Code Revision shall continuously review the state of the common, statutory and codified laws of this State, and shall, from time to time, recommend to the Legislative Services Committee code revision projects to be undertaken by the Legislative Counsel and his staff. A code revision project is a project involving the com pilation, consolidation, revision or codification of existing com mon, statutory and codified laws within the existing, or an expanded structure of the 1933 Code. The recommendations of the Council shall be only advisory to the Legislative Services Committee. When the Legislative Services Committee has approved a code revision project recommended by the Code Revision Council, the Code Re vision Council shall serve in an advisory capacity to the Legislative Counsel under whose direction the project shall be completed by the legal, technical and clerical personnel attached to the Office of Legislative Counsel. The Code Revision Council may recommend to the Legislative Services Committee the appointment of technical advisory groups to aid in the completion of code revision projects when expertise is necessary, and, with the approval of the Legis lative Services Committee, the Legislative Counsel may include such technical advisory groups as technical personnel on his staff. When a code revision project recommended by the Code Revision Council has been completed, it shall be referred by the Legislative Counsel to the Code Revision Council for its recommendation to the Legis lative Services Committee. The Legislative Counsel shall render to the Code Revision Council periodic reports on the status of code revision projects. The Code Revision Council shall annually report on its work to the Legislative Services Committee. All consolida tion, revision of codification completed hereunder shall be subject to adoption by the General Assembly and approval of the Governor."
SECTION 2
Section 8 of the Act approved March 10, 1959 (Ga. Laws 1959, p. 152) as originally enacted (Section 9 when renumbered under this Act) relating to the funds necessary to carry out the provisions of the Act, shall be fully applicable to the Act as hereby amended.
SECTION 3
This Act shall become effective April 1, 1967.
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SECTION 4
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Anderson Bagby Barber Barfield Bean Bennett Berry Blalock Brinkley Brown, C. Bryant Busbee Byrd Carley Carnes Carr Gates Collins, J. F. Colwell Cox Dailey Daugherty Davis DeLong Dickinson Dillon Dixon Dorminy Doster Drew Duncan Egan Etheridge Evensen
Farrar Floyd Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hale Hamilton Harrell Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Hill Holder Houston Howard Howell Hutchinson Johnson, B. Jones, G. Paul Jones, M. Kiley Knapp Knight Lambros Land Lea, F. R. Lee, W. S. Levitas Longino
Lovell Lovett Lowrey Malone McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. NeSmith, J. D. Odom Oglesby Otwell Overby Palmer Parrish Peterson Phillips Pickard Powers Reid Richardson Roach Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, J. R. Smith, V. T. Smith, W. L.
Snellings Snow Spikes Spillers Starnes Steis Stewart Story Sullivan Sweat
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333
Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R.
Walling Watkins Watson Webb Wells Westlake Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Black Clarke, H. G.
Fleming Matthews, D. R.
Wilson, J. M.
Those not voting were Messrs.:
Alien Bedgood Blair Bo wen Brackin Brantley Brown B. D. Brown, M. P. Caldwell Chandler Clark, J. T. Collins, M. Conger Conner Cook Crowe Dean Dollar Elliott Pulford
Grahl Harrington Henderson Hood Hull Irvin Johnson, Dr. A. S. Jones, C. M. Jordan, Ben C. Jordan, W. H. Lambert Lane Lee, W. J. (Bill) Leonard Lewis Maddox Marshall Matthews, C. Mauldin Mitchell
Moore, J. H. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Pafford Paris Parker Rainey Reaves Ross Rowland Smith, G. L. II Stalnaker Stovall Ware Wiggins Williams, G. J. Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 140, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 149. By Messrs. Smith of the 90th, Hale of the 1st, Melton of the 34th and others:
A Bill to be entitled an Act to amend an Act reorganizing the State Department of Law, so as to provide for the appointment, employment and removal of Assistant Attorneys General, Deputy Assistant At torneys General, Law Assistants, and others employees; and for other purposes.
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The following amendment was read and adopted:
Mr. Busbee of District 79 moves to amend HB 149 as follows:
By striking the quoted Section 4 in Section 3 of said Bill in its entirety and substituting in lieu thereof a new quoted Section 4 in Section 3 to read as follows:
"Section 4. The Department of Law is hereby vested with com plete and exclusive authority and jurisdiction in all matters of law relating to the executive branch of the government and every department, office, institution, commission, committee, board and other agency thereof. Every department, office, institution, com mission, committee, board and other agency of the State govern ment is hereby prohibited from employing counsel in any manner whatsoever, unless otherwise specifically authorized by 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 Adams Alexander Anderson Bagby Barber Barfield Bean Bennett Berry Black Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Carley Carnes Carr Gates Chandler
Clarke, H. G. Collins, M. Conner Cox Dailey Daugherty Davis DeLong Dillon Dixon Dorminy Doster Drew Duncan Egan Elliott Etheridge Evensen Fleming Fulford Funk Gaissert Gary Gaynor Gignilliat
Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Houston Howard Howell Hutchinson Irvin Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley
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335
Knapp Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lovell Lowrey M alone Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Oglesby Otwell
Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reid Richardson Roach Ross Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow
Spikes Spillers Stalnaker Starnes Steis Stewart Story Sullivan Sweat Taylor Thomas Thompson, A. W. Townsend Tucker Tye Underwood Vaughn, C. R. Walling Ware Watson Webb Wells Westlake Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Bedgood Blair Bowen Brown, M. P. Caldwell Clark, J. T. Collins, J. P. Colwell Conger Cook Crowe Dean Dickinson Dollar
Farrar Floyd Grahl Harris, J. F. Hood Hull Johnson, Dr. A. S. Johnson, B. Jordan, W. H. Knight Lambert Lane Leonard Lewis Lovett
Maddox Marshall Matthews, C. Matthews, D. R. Moore, J. H. Newton, A. S. Pickard Reaves Smith, G. L. II Stovall Thompson, R. Vaughan, D. N. Watkins Wiggins Mr. Speaker
On the passage of the Bill, as amended, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Resolutions of the House were read and adopted:
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HR 127. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
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 officials and employees from throughout the State of Georgia; and
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 pro vide 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 com mend each and every municipal official for the outstanding manner in which they are performing their many and varied duties.
HR 129. By Messrs. Brown of the 135th, Hood of the 124th, Dillon of the 128th and others:
A RESOLUTION
Extending a sincere welcome to the Atlanta Braves and the Atlanta Falcons; and for other purposes.
WHEREAS, in the year 1966, the City of Atlanta will become the sports capital of the South with the initial season for both the Atlanta Braves Baseball Team and the Atlanta Falcons Football Team; and
WHEREAS, the fact that professional baseball and football make their debut in the same year is evidence of the outstanding growth of the capital city of Georgia and of the entire State; and
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337
WHEREAS, the members of this body, as well as the citizens of Atlanta and Georgia, eagerly look forward to seeing outstanding ath letes perform on the diamond and the gridiron and anticipate many successful seasons and many National Baseball League Pennants and National Football League Championships.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body and the citizens of Atlanta and the State of Georgia hereby extend their sincerest welcome to the Atlanta Braves and the Atlanta Falcons and wish for both teams outstanding success.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this resolu tion to Mr. William Bartholomay, Chairman, Board of Directors, and Mr. John McHale, President, of the Atlanta Braves and to Mr. Rrankin M. Smith, President and owner of the Atlanta Falcons.
HR 130. By Messrs. Sullivan, Barfield and Bennett of the 95th:
A RESOLUTION
Commending the Valdosta High School Wildcats Football Team; and for other purposes.
WHEREAS, during the 1965 high school football season, the Val dosta High School produced another fine and outstanding team; and
WHEREAS, as a result of their fine regular season, the Wildcats participated in the State AAA Championship football team and, as is their usual custom, came out victorious, thereby again achieving the State AAA Championship; and
WHEREAS, the Valdosta High School has a fine and long tradi tion of producing superlative football players who are excellently coached, thereby producing a team effort which has enabled them to have participated in many championship games and also to win the greater portion of those games in which they participated; and
WHEREAS, the 1965 Valdosta Wildcats have demonstrated to the people of this state a fine competitive spirit with the highest principles of sportsmanship and athletic ability.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and extend its sincerest congratulations to each and every member of the 1965 Valdosta High School Wildcats Football Team for their very fine and outstanding season and for their achievement of the 1965 State AAA Championship Crown.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit appro-
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priate copies of this resolution to each and every member of the 1965 Valdosta Wildcats Football Team.
HR 131. By Messrs. Lowrey, Minge and Starnes of the 13th:
A RESOLUTION
Commending Honorable Bill Callaway; and for other purposes.
WHEREAS, Honorable Bill Callaway has received the Distin guished Service Award of the Rome Jaycees, as the outstanding young man of the year in Rome, Georgia; and
WHEREAS, this award is an acknowledgment of Bill Callaway's many contributions to his community and state by his participation in the civic and religious life of his community; and
WHEREAS, it is only befitting and proper that this body recog nize the many achievements and contributions of this distinguished citizen to his community and state.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Honorable Bill Callaway is hereby commended and congratulated upon his receiving the Distinguished Service Award of the Rome Jaycees as the outstanding young man of the year in Rome, Georgia.
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 Bill Callaway of Rome, Georgia.
HR 132. By Messrs. Lowrey, Minge and Starnes of the 13th:
A RESOLUTION
Commending Honorable Paul Kennedy; and for other purposes.
WHEREAS, Honorable Paul Kennedy is the Coach of the West Rome High School Football Team; and
WHEREAS, during this school's short history, Paul Kennedy has been their football coach; and
WHEREAS, under his tutelage during the football season of 1965, the West Rome Chieftains won the Class AA Football Championship; and
WHEREAS, the many fine coaching attributes possessed by this distinguished young coach was recognized when he was awarded the
MONDAY, JANUARY 24, 1966
339
honor of being named the high school coach of the year for the entire State of Georgia; and
WHEREAS, it is only befitting and proper that this body recog nize the outstanding accomplishments of this distinguished citizen of the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does hereby commend and con gratulate Honorable Paul Kennedy for his many outstanding contribu tions to the youth of this state and for his achievement in being named Georgia's High School Football Coach of the Year.
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 Paul Kennedy, Coach of the West Rome High School Football Team.
HR 133. By Messrs. Lowrey, Minge and Starnes of the 13th:
A RESOLUTION
Commending the West Rome, Georgia, High School Football Team; and for other purposes.
WHEREAS, the West Rome Chieftains won the 1965 Class AA High School Football Championship; and
WHEREAS, during the 1965 season, this fine and outstanding group of young men displayed a high competitive spirit and fine prin ciples of sportsmanship; and
WHEREAS, it is only befitting and proper that this body recog nize the achievements and outstanding abilities of this distinguished group of young athletes.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate each and every one of the members of the West Rome High School Football Team which won the 1965 Class AA Football Cham pionship.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate number of copies of this resolution to Coach Paul Kennedy for distribution to the members of this fine team.
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HR 134. By Messrs. Jones, Pickard and Brinkley of the 112th, Thompson and Shields of the lllth, Thompson and Berry of the 110th:
A RESOLUTION
Commending Honorable Dennis Calhoun; and for other purposes.
WHEREAS, Honorable Dennis Calhoun has received the Distin guished Service Award of the Columbus Jaycees, as the outstanding young man of the year in Columbus, Georgia; and
WHEREAS, this award is an acknowledgment of Dennis Calhoun's many contributions to his community and state by his participation in the civic and religious life of his community; and
WHEREAS, it is only befitting and proper that this body recog nize the many achievements and contributions of this distinguished citizen to his community and state.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Honorable Dennis Calhoun is hereby commended and congratulated upon his receiving the Distinguished Service Award of the Columbus Jaycees as the outstanding young man of the year in Columbus, Georgia.
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 Dennis Calhoun of Columbus, Georgia.
HR 135. By Messrs. Jones, Pickard and Brinkley of the 112th, Thompson and Shields of the lllth, Thompson and Berry of the 110th:
A RESOLUTION
Commending Honorable E. Paul Stewart; and for other purposes.
WHEREAS, Honorable E. Paul Stewart was a principal organizer of the project Viet Nam Mail Call, an endeavor to instill in the hearts and minds of our fighting men in Viet Nam that they enjoy the over whelming support of the American people, notwithstanding the deplor able demonstrations to the contrary; and
WHEREAS, through the efforts of Honorable E. Paul Stewart, thousands upon thousands of pieces of correspondence have been di rected to our fighting men in Viet Nam; and
WHEREAS, the attention of our commanders in Viet Nam has been brought to this project and they have reported a marked effect upon the morale of the troops in Viet Nam; and
WHEREAS, Honorable E. Paul Stewart has devoted many of his leisure hours toward making this project a success; and
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341
WHEREAS, it is only befitting and proper that this body recog nize the contributions to the State and nation which are being made by this outstanding young citizen of the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Honorable E. Paul Stewart for his many sacrifices and con tributions which he has made in order to dramatically demonstrate to our fighting men in Viet Nam that their efforts are supported by the people back home.
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 E. Paul Stewart of Columbus, Georgia.
Mr. Busbee of the 79th moved that the House do now adjourn until 12:30 o'clock, tomorrow afternoon and the motion prevailed.
The Speaker announced the House adjourned until 12:30 o'clock, tomorrow afternoon.
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Representative Hall, Atlanta, Georgia Tuesday, January 25th, 1966
The House met pursuant to adjournment at 12:30 o'clock, P. M., this day and was called to order by the Speaker Pro Tern.
Prayer was offered by Elder T. Roe Scott, Pastor, Metter Primitive Baptist Church, Metter, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 221. By Mr. DeLong of the 105th: 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 exclude from the terms "retail sale" and "sale at retail" the sale of all drugs and medicines, which are purchased by prescription; and for other purposes.
Referred to the Committee on Ways and Means.
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343
HB 222. By Messrs. Evensen, Westlake and Higginbotham of the 119th, Dollar of the 89th, Tucker of the 36th, Johnson of the 40th and others:
A Bill to be entitled an Act to amend Code Section 92-2901 relating to the definition of certain terms insofar as they are used for the purposes of the motor vehicle license tax, so as to exclude from the definition of a truck motor vehicles which have been designed primarily for the purpose of transporting passengers; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 223. By Messrs. Wiggins and Reid of the 32nd:
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.
HB 224. By Mr. Alexander of the 133rd:
A Bill to be entitled an Act to amend an Act relating to the punish ment of any person who shall desecrate the burial place of any human body, so as to change the punishment for such crime; and for other purposes.
Referred to the Committee on Judiciary.
HB 225. By Mr. Alexander of the 133rd: A Bill to be entitled an Act to amend Code Title 26 relating to crimes against the State, so as to change the punishment for burning a bridge; and for other purposes.
Referred to the Committee on Judiciary.
HB 226. By Mr. McClatchey of the 138th: A Bill to be entitled an Act to amend Code Section 56-1022 relating to eligible investments of domestic insurers, so as to provide that mort gage loans on single family residential dwellings may not exceed eighty percent of the value of the real property or leasehold securing same; and for other purposes.
Referred to the Committee on Insurance.
HB 227. By Mr. Pafford of the 97th: A Bill to be entitled an Act to repeal an Act establishing the County Court of Atkinson County, so as to provide for a referendum; and for other purposes.
Referred to the Committee on Local Affairs.
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HB 228. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Atkinson County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 229. By Mr. Lambros of the 130th:
A Bill to be entitled an Act to amend Code Section 26-5101 relating to carrying- concealed weapons, so as to include among weapons enum erated in said section razors, and ice picks and similar devices having sharp points; and for other purposes.
Referred to the Committee on Judiciary.
HB 230. By Mr. Byrd of the 28th:
A Bill to be entitled an Act to amend an Act relating to incorporating the City of Monroe in Walton County and define its limits, so as to provide that the mayor and council shall be elected by a majority vote; and for other purposes.
Referred to the Committee on Local Affairs.
HB 231. By Messrs. Mitchell and Smith of the 3rd, Ware of the 42nd and Steis of the 100th:
A Bill to be entitled an Act to implement the provisions of an amend ment to the Constitution ratified in 1964, so as to authorize the govern ing authority of every county in this State to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place of business in the unincorporated area of the county; and for other purposes.
Referred to the Committee on Judiciary.
HB 232. By Mr. Watkins of the 9th:
A Bill to be entitled an Act to amend an Act relating to the require ments of a premarital examination for syphillis prior to the issuing of a marriage license, so as to repeal said law and all amendments thereto in its entirety; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 233. By Mr. Watkins of the 9th:
A Bill to be entitled an Act to amend Code Chapter 84-9 relating to the creation of the State Board of Medical Examiners, so as to provide persons wishing to obtain a license to practice medicine shall furnish
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345
satisfactory evidence of having completed one year of training as an intern in a hospital in good standing with the State Board of Medical Examiners; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 234. By Messrs. Etheridge of the 123rd and Townsend of the 140th:
A bill to be entitled an Act to amend Code Chapter 74-1 relating to the relationship of parent to child, so as to provide for the visitation rights and grandparents under certain conditions; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 235. By Mr. Dorminy of the 72nd:
A Bill to be entitled an Act to provide that the Clerk of the Superior Court of Ben Hill County shall be placed on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.
HB 236. By Messrs. Carr and Rowland of the 48th:
A Bill to be entitled an Act to amend an Act incorporating the City of Sandersville, so as to require public notice of a hearing on any new zoning ordinance or change in any existing zoning ordinance of the City of Sandersville; and for other purposes.
Referred to the Committee on Local Affairs.
HR 120-236. By Mr. Minge of the 13th:
A Resolution authorizing and directing the State Library to furnish certain volumes of the Georgia Reports and the Georgia Court of Appeals Reports and volumes of the Georgia Laws to the Judge of the Superior Court of the Rome Judicial Circuit; and for other purposes.
Referred to the Committee on Appropriations.
HR 121-236. By Mr. Minge of the 13th: A Resolution authorizing the State Library to furnish the governing authority of Floyd County with a complete set of the Georgia Laws; and for other purposes.
Referred to the Committee on Appropriations.
HR 122-236. By Mr. Alexander of the 133rd: A Resolution proposing an amendment to the Constitution so as to add five members to the State Board of Education; and for other purposes.
Referred to the Committee on Education.
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HR 123-236. By Mr. Smith of the 54th:
A Resolution authorizing the conveyance of a certain tract of land in Emanuel County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 237. By Messrs. Clarke of the 45th, McDaniell of the 101st, Tucker of the 36th, Doster of the 73rd, Dailey of the 66th, Spikes of the 42nd, Spillers of the 37th, Blalock of the 33rd and NeSmith of the 43rd:
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 Industry.
HB 238. By Mr. Black of the 56th:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Stewart County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 239. By Messrs. NeSmith of the 43rd and Howard of the 101st:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm, corporation or association to issue or distribute stamps or other similar devices for the sale of merchandise; and for other purposes.
Referred to the Committee on Industry.
HR 124-239. By Mr. Underwood of the 61st:
A Resolution authorizing the Governor to execute a permanent ease ment on behalf of the State of Georgia over certain property located in Little Ocmulgee State Park to the Commissioners of Roads and Revenues of Wheeler County, to be used in connection with the TelfairWheeler Airport; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 125-239. By Messrs. Newton and Matthews of the 94th: A Resolution compensating R. L. Millings; and for other purposes.
Referred to the Committee on Appropriations.
HR 126-239. By Messrs. Newton and Matthews of the 94th: A Resolution compensating Mr. F. M. Kenney; and for other purposes.
Referred to the Committee on Appropriations.
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347
HB 240. By Mr. Black of the 56th:
A Bill to be entitled an Act to authorize the governing authority of Chattahoochee County to assess and collect license fees and taxes against different classes of businesses in the interest and welfare of the citizens of Chattahoochee County; to prescribe rules and regulations concerning the same in any area of said County outside the incorporated limits of any municipality located therein; and for other purposes.
Referred to the Committee on Local Affairs.
HB 241. By Mr. Melton of the 34th:
A Bill to be entitled an Act to amend an Act creating the Georgia Educational Improvement Council, so as to provide for the payment of per diem and reimbursement of expenses of the Chairman of the State Board of Education and the Chairman of the State Board of Regents when in attendance at meetings or functions of the Council; and for other purposes.
Referred to the Committee on Education.
HB 242. By Messrs. Lane of the 64th, Parker of the 55th, Overby of the 16th, Smith of the 3rd, Newton of the 50th, Nessmith of the 64th, Matthews and Newton of the 94th, Williams of the 16th and others: A Bill to be entitled an Act to create and establish the office of Senior Superior Court Reporter; and for other purposes.
Referred to the Committee on Judiciary.
HB 243. By Mr. Hull of the 104th: A Bill to be entitled an Act to revise comprehensively the laws relating to subpoenas and other like processes; and for other purposes.
Referred to the Committee on Judiciary.
HB 244. By Mr. Hull of the 104th: A Bill to be entitled an Act to amend the Appellate Procedure Act of 1965, so as to redefine the rules relating to the necessity of filing mo tions for new trial and judgment notwithstanding the verdict; and for other purposes.
Referred to the Committee on Judiciary.
HB 245. By Messrs. Bagby of the 21st, Brown of the 120th, Rowland of the 48th, Houston of the 84th, Steis of the 100th and others:
A Bill to be entitled an Act to amend Code Title 114, relating to Work men's Compensation; and for other purposes.
Referred to the Committee on Industrial Relations.
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JOURNAL OF THE HOUSE,
HB 246. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend an Act known as the "State School Building Authority Act", so as to provide compensation for certain members of the State School Building Authority; and for other pur poses.
Referred to the Committee on Appropriations.
HB 247. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide for the issuance of honorary drivers' licenses without cost to certain veterans of this State or certain serv icemen of this State; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HR 128-247. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated May 31, 1965, suspending the collection of certain income tax for persons serving in Viet Nam; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HB 248. By Mr. Fleming of the 106th:
A Bill to be entitled an Act to provide that any contract made and entered into by any department or agency of State Government for the construction or repair of buildings or other facilities shall contain certain representations and specifications relating to the payment of prevailing minimum wages to all persons employed by the contractor; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 249. By Mr. Brown of the 19th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Bridges and a Board of Finance for Hart County, so as to remove the provision limiting the cost of the prepara tion and publication of an itemized list of expenditures of Hart County in the official organ of said county; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, JANUARY 25, 1966
349
HB 250. By Mr. Brown of the 19th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court and the Ordinary of Hart County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 251. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend an Act known as the "State Hospital Authority Act", so as to increase the amount of bonds which the State Hospital Authority may issue; and for other purposes.
Referred to the Committee on Appropriations.
HB 252. By Messrs. Rowland of the 48th, Fulford of the 67th, Dailey of the 66th, Overby of the 16th and others:
A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act," so as to change the salary of each member of the State Board of Probation; and for other purposes.
Referred to the Committee on Judiciary.
HB 253. By Messrs. Carnes of the 129th, Hood of the 124th, Dillon of the 128th, Adams of the 125th, Lambros of the 130th and others:
A Bill to be entitled an Act to provide that it shall be unlawful for any person during certain hours to loiter or prowl around certain dwelling structures; and for other purposes.
Referred to the Committee on Judiciary.
HB 254. By Messrs. Story and Watson of the 22nd, Williams of the 16th, John son of the 40th, McDaniell of the 101st, Lane of the 64th, and Mauldin of the 18th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that motor vehicles upon the highways of this State shall display lighted lamps while it is raining; and for others purposes.
Referred to the Committee on Motor Vehicles.
HB 255. By Messrs. Lowrey of the 13th, Lewis of the 50th, Brackin of the 87th, Matthews of the 94th, Rush of the 75th and Wells of the 30th:
A Bill to be entitled an Act to create within the Department of Agri culture of the State of Georgia a division to be known as the State Institutional Farms Division; and for other purposes.
Referred to the Committee on Agriculture.
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JOURNAL OF THE HOUSE,
HR 136-255. By Mr. Leonard of the 3rd:
A Resolution authorizing the exchange and conveyance of certain prop erty rights in real property located in Murray County, by and between the State of Georgia and The Cohutta Talc Company, a Georgia Cor poration; and for other purposes.
Referred to the Committee on State Institutions & Property.
HR 137-255. By Messrs. Cox of the 127th, Adams of the 125th, Games of the 129th, Dillon of the 128th, Hood of the 124th, Lea of the 126th, and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the granting of State funds to public corporations or authorities created for the pur pose of constructing, maintaining and operating mass transportation facilities of passengers for hire; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 256. By Messrs. Bryant of the 108th, Jones, Knapp, Stewart and Wilson of the 109th:
A Bill to be entitled an Act to amend an Act reenacting the charter of the City of Macon, so as to provide that the method and procedure for the condemnation of property for the widening and changing of streets and the opening of new streets and alleys shall be any method and procedure now or hereafter authorized by the laws of Georgia; and for other purposes.
Referred to the Committee on Local Affairs.
HB 257. By Messrs. Williams of the 16th, Bryant of the 108th and Knapp of the 109th:
A Bill to be entitled an Act to amend an Act creating a State Board of Registration for used car dealers, so as to change the membership of said Board and the appointments thereto; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 258. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend Code Section 30-127, relating to the custody of children in connection with the granting of divorces, so as to provide that in all divorce cases and in cases where a change of custody is sought, where the child has reached the age of 14 years, said child shall have the right to testify as to which parent with whom said child desires to live and the reason for such desire; and for other purposes.
Referred to the Committee on Special Judiciary.
TUESDAY, JANUARY 25, 1966
351
HB 259. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend Code Section 30-102, relating to the grounds for the granting of a total divorce, so as to provide that incurable insanity is grounds for divorce; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 260. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend Code Section 30-109, relating to condonation, collusion, consent to conduct, and both parties guilty of like conduct, as a bar to divorce, so as to provide that in all divorce cases like conduct shall not be a bar to the granting of a divorce but may be considered by the jury as to whether a divorce may be denied; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 261. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend Chapter 81-2, relating to process and service, so as to add thereto a mode of service by publication in the county of the plaintiff's residence in cases wherein the residence of the defendant has been unknown for a period of 2 years by creating a presumption that he is a non-resident of the State and serving him as a non-resident; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 262. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend Code Section 30-105, relating to petition, process and rules of pleadings in divorce cases, so as to pro vide the information that must be contained in the petition; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 263. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend Code Chapter 30-2, relating to alimony, so as to provide that a grant of attorney's fees at anytime during the pendency of a divorce action or alimony shall be a final judgment as to the amount granted, whether the grant be in full or on account, to the extent that the judgment may be enforced by attach ment for contempt or writ of fieri facias, whether the parties subse quently reconcile or not; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 264. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend Code Section 30-202, relating to proceedings to obtain temporary alimony, whenever an action for
352
JOURNAL OF THE HOUSE,
divorce by either party or suit for permanent alimony by the wife shall be pending, so as to provide that in all such cases when an application for temporary alimony shall be made, in which the wife shall state in her petition that either she or the minor children or child of the parties or both, are wholly dependent on the husband or father for support, the presiding judge shall set the application for hearing not less than three nor more than 30 days from the date the same is presented to him; and for other purposes.
Referred to the Committee on Special Judiciary.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 216. By Mr. Cox of the 127th:
A Bill to be entitled an Act to amend Code Chapter 56-18 of the Geor gia Insurance Code, relating to non-profit medical service corporations, so as to clarify certain definitions therein; and for other purposes.
HB 217. By Mr. Fulford of the 67th:
A Bill to be entitled an Act to amend Title 88 of the Code of Georgia of 1933, relating to public health, so as to change the membership of the county boards of health to include a doctor of osteopathy; and for other purposes.
HB 218. By Messrs. Higginbotham of the 119th and Mitchell of the 3rd: A Bill to be entitled an Act to provide that it shall be unlawful for any person to hunt deer in this State unless he shall wear some fluores cent orange article of clothing clearly visible from both front and rear; and for other purposes.
HR 118-218. By Messrs. Westlake, Bean and Higginbotham of the 119th, Colwell of the 5th, Brackin of the 87th and many others: A Resolution creating a committee of the House and Senate on UnAmerican Activities; and for other purposes.
HR 119-218. By Messrs. Gignilliat and Powers of the 113th, Gaynor and Smith of the 114th, Kiley and Tye of the 115th, Funk, Richardson and Drew of the 116th: A Resolution creating the Forward Georgia Commission; and for other purposes.
HB 219. By Mr. Steis of the 100th: A Bill to be entitled an Act to amend Code Section 84-409, relating to the qualifications and requirements prescribed prior to issuing a master
TUESDAY, JANUARY 25, 1966
353
barber's certificate of registration, so as to change the qualifications and requirements an applicant must meet prior to receiving a master barber's certificate of registration; and for other purposes.
HB 220. By Mr. Palmer of the 117th:
A Bill to be entitled an Act to amend Code Chapter 88-19, constituting a part of the Georgia Health Code, relating to regulations of hospitals and related institutions, so as to provide that any person, hospital or other organization may provide information or other data relating to the condition and treatment of any person to research groups; and for other purposes.
Mr. Brinkley of the 112th District, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:
SB
17. Do Pass.
SB
18. Do Pass.
HB 150. Do Pass.
HB 151. Do Pass.
HB 152. Do Pass.
HB 153. Do Pass.
HB 158. Do Pass.
HB 159. Do Pass.
HB 160. Do Pass.
HB 163. Do Pass.
HB 181. Do Pass.
HB 182. Do Pass.
HB 183. Do Pass.
HB 184. Do Pass.
HB 185. Do Pass.
HB 186. Do Pass.
HB 189. Do Pass.
HB 190. Do Pass.
HB 191. Do Pass.
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JOURNAL OF THE HOUSE,
HB 194. Do Pass.
HB 195. Do Pass.
HB 196. Do Pass.
HR 85-135. Do Pass as Amended.
HR 88-165. Do Pass.
HR 89-165. HR 90-165. HR 91-165. HR 115-201.
Do Pass. Do Pass. Do Pass. Do Pass.
HR 117-206. Do Pass.
Respectfully submitted, Brinkley of 112th, Chairman.
Mr. Vaughn of the 117th District, 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 127. Do Pass.
HB 109. Do Pass.
Respectfully submitted, Vaughn of 117th, Chairman.
Mr. Melton of the 34th District, 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 176. Do Pass.
HB 209. Do Pass as Amended.
Respectfully submitted, Melton of 34th, Chairman.
TUESDAY, JANUARY 25, 1966
355
Mr. Etheridge of the 123rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 25. Do Pass.
HB 136. Do Pass.
HB 168. Do Not Pass.
Respectfully submitted,
Etheridge of 123rd,
Chairman.
Mr. Conner of the 91st District, Chairman of the Committee on Insurance, has 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 14. Do Pass. HB 15. Do Pass. HB 48. Do Pass. HB 216. Do Pass.
Respectfully submitted, Conner of 91st, Chairman.
Mr. Harris of the 118th District, 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:
HR 28-44. Do Pass. HR 29-44. Do Pass.
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JOURNAL OF THE HOUSE,
HB 79. Do Not Pass.
HB 122. Do Pass By Committee Substitute.
HB 110. Do Pass.
HB 83. Do Pass, as Amended. HB 141. Do Pass. HB 133. Do Pass. HB 199. Do Pass.
Respectfully submitted, Harris of 118th, Chairman.
Mr. Snow of the 1st District, 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
6. Do Pass, as Amended.
HB 146. Do Pass, as Amended.
HB 164. Do Pass.
HB 140. Do Pass.
HR 40- 55. Do Pass.
HB 53. Do Pass.
HB 54. Do Not Pass.
HB 123. Do Pass.
HB 200. Do Pass.
HB 106. Do Pass. HR 77-124. Do Pass.
Respectfully submitted,
Snow of 1st,
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 follow ing Bills of the Senate, to-wit:
TUESDAY, JANUARY 25, 1966
357
SB 14. By Senator Sanders of the 41st:
A Bill to provide that any person who is 18 years of age or older and who is married may bind himself by contract as though said person were 21 years of age or older, and said contract shall be enforceable as though said person were 21 years of age or older; and for other pur poses.
SB 26. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th and others:
A Bill to amend an Act creating a Department of Public Safety for Georgia, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended; and for other purposes.
SB 27. By Senators Broun of the 46th, Kilpatrick of the 44th, Searcy of the 2nd and others:
A Bill to amend Code Section 68-9916, relating to the unlawful sale or possession of certain vehicles from which identifying numbers have been removed or otherwise altered for the purpose of concealing or misrepresenting the identity of such vehicles so as to change the penalty for any such violation; and for other purposes.
SB 5. By Senator Smalley of the 28th:
A Bill to amend an Act known as the "Municipal Home Rule Act of 1965", approved March 26, 1965 (Ga. Laws 1965, p. 298), so as to change and clarify the provisions relating to the calling of referendum elections; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill and Resolution of the House.
HB 21. By Mr. Fulford of the 67th:
A Bill to change the terms of the Superior Court of Lee County; and for other purposes.
HR 110. By Messrs. Williams of the 82nd, Pafford of the 97th and others:
A Resolution honoring Honorable Charles Edward Gross Stewart, Sr.; and for other purposes.
358
JOURNAL OF THE HOUSE,
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 9-13. By Mr. Jones of the 109th:
A Resolution releasing certain property belonging to Ernest Genone, Jr. from all fi fas; 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 Bagby Barfield
Bean Bedgood Bennett
Berry Brackin Brinkley Brown, B. D. Bryant Byrd Carley Carnes Carr Gates Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Cox Crowe Dailey DeLong Dixon Dollar Dorminy Drew Duncan Egan
Elliott Evensen Fleming Floyd Gaissert Gary Gaynor Gignilliat
Grahl Grier Hadaway Harrell Harris, J. R. Harrison Hawkins Henderson Herndon Hill Holder Howell Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Knight Lambert Lambros
Lea, F. R. Lee, W. J. (Bill) Lee, W. S.
Levitas Lewis Longino Lovell Lovett Maddox Malone Marshall Matthews, C. Mauldin McCracken Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Parker Parrish Peterson Phillips Powers Rainey Reid Richardson Roach Russell Sherman
Sims Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spillers Steis Stewart
TUESDAY, JANUARY 25, 1966
359
Story Stovall Taylor Thomas Thompson, A. W. Townsend Tye Walling Watkins Watson
Webb Wells Westlake Wiggins Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Adams Alexander Barber Black Blair Blalock Bo wen Brantley Brown, C. Brown, M. P. Busbee Caldwell Chandler Conner Cook Daugherty Davis Dean Dickinson Dillon Doster Etheridge Farrar Fulford Funk
Hale Hamilton Harrington Harris, J. F. Harris, R. W. Higginbotham Hood Houston Howard Hull Johnson, B. Jones, C. M. Jordan, W. H. Land Lane Leonard Lowrey Matthews, D. R. McClatchey McDaniell Melton Merritt Minge NeSmith, J. D. Nessmith, P.
Newton, D. L. Paris Pickard Reaves Ross Rowland Rush Savage Shields Simkins Smith, J. R. Spikes Stalnaker Starnes Sullivan Sweat Thompson, R. Tucker Underwood Vaughan, D. N. Vaughn, C. R. Ware Williams, G. J. Mr. Speaker
On the adoption of the Resolution, the ayes were 130, nays 0.
The Resolution having received the requisite constitutional majority, was adopted.
Mr. Barber of the 24th stated that he had been called from the floor of the House when the vote was taken, but had be been present, would have voted "aye" on HR 9-13.
Mr. Brown of the 120th stated that he had been called from the floor of the House to confer with constituents when the vote was taken, but had he been present, would have voted "aye" on HR 9-13.
360
JOURNAL OP THE HOUSE,
HB 104. By Messrs. Levitas of the 118th, Etheridge of the 123rd and McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act relating to the chartering of corporations approved January 28, 1938, as amended; and for other purposes.
The following amendment was read and adopted:
Mr. Levitas of the 118th moves to amend HB 104 by changing the word "shared" to "shares" as same appears in the third line from the bottom of Section 1 thereof.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Bagby Barfield Bean Bennett Berry Black Brinkley Brown, B. D. Brown, M. P. Carley Carnes Gates Clarke, H. G. Collins, J. F. Conger Cox Crowe
Dillon Drew Egan Etheridge Parrar Gaynor Gignilliat Grier Hamilton Harrison Hood Johnson, Dr. A. S. Jones, M. Kiley Lambros Lea, P. R. Levitas Longino Lowrey Maddox
Matthews, C. McClatchey Merritt Moore, J. H. Palmer Powers Reid Sims Smith, W. L. Snow
Steis Sullivan Thompson, A. W. Thompson, R. Townsend Tye Vaughn, C. R. Walling Wiggins
Those voting in the negative were Messrs.:
Anderson Bryant Busbee Byrd Dailey
DeLong Dixon Dorminy Duncan Elliott
Evensen Fleming
Floyd Funk Gaissert
TUESDAY, JANUARY 25, 1966
361
Grahl Had away Harris, J. R. Harris, R. W. Hawkins Henderson Herndon Higginbotham Hill Howell Hutchinson Irvin Jordan, Ben C. Knight Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Lovell Marshall Mauldin McDaniell
Melton Mitchell Mixon Moore Murphy Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Paris Parker Parrish Pickard Rainey Reaves Richardson Roach Savage Sherman
Smith, A. B. Smith, V. T. Snellings Spillers Stewart Story Stovall Sweat Taylor Thomas Tucker Underwood Watson Webb Westlake Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Barber
Bedgood Blair Blalock Bo wen Brackin Brantley Brown, C. Caldwell Carr Chandler Clark, J. T. Collins, M. Colwell Conner Cook Daugherty
Davis Dean Dickinson Dollar
Doster Pulford Gary Hale Harrell Harrington Harris, J. F. Holder Houston Howard Hull Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Knapp Lambert Land Lane Lovett Malone Matthews, D. R.
McCracken Minge NeSmith, J. D. Newton, D. L. Peterson Phillips Ross Rowland Rush Russell Shields Simkins Smith, G. L. II Smith, J. R. Spikes Stalnaker Starnes Vaughan, D. N. Ware Watkins Wells Mr. Speaker
On the passage of HB 104, as amended, the ayes were 59, nays 79.
The Bill, having failed to receive the requisite constitutional majority, was lost.
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JOURNAL OF THE HOUSE,
Mr. Levitas of the 118th gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 104, as amended.
Mr. Barber of the 24th stated that he had been called from the floor of the House when the vote was taken, but had he been present, would have voted "nay".
Mr. Brown of the 120th stated that he had been called from the floor of the House when the vote was taken, but had he been present, would have voted "aye" on HB 104.
HR 20-44. By Messrs. Clarke of the 45th, NeSmith of the 43rd, Blalock of the 33rd and others:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the General Assembly to create public corporations with the power to issue obligations for the purpose of developing industrial facilities and to empower the General Assembly to authorize the various counties, municipalities and political subdivisions to issue revenue obligations for such purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII of Section VII of the Constitution is hereby amended by inserting between Paragraphs V and VI, a new Paragraph to be num bered Paragraph VA and to read as follows:
"Paragraph VA. Revenue Obligations Authorized. The Gen eral Assembly may authorize any county, municipal corporation, or local subdivision, or may itself create and authorize any public corporation or authority, to issue revenue obligations for the public purposes hereinafter set forth. When such revenue obligations are issued in compliance with the requirements of the General Assem bly such obligations shall not constitute indebtedness within the meaning of Section VII of this Article. Revenue obligations may be issued to finance the cost of land, buildings, facilities, machinery or equipment to be sold or leased to a private business in the estab lishment of a new plant or in the expansion of an existing facility, and also for industrial development purposes as may be defined and authorized by law. The General Assembly may authorize local tax ation for industrial development purposes, as defined and author ized by law but such taxation by any county, municipal corporation or other political subdivision shall not exceed two mills annually and the proceeds of such tax shall not be used for the repayment of any revenue obligation incurred for such purpose."
TUESDAY, JANUARY 25, 1966
363
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 General Assembly to create public corporations with the power to issue revenue obligations for the
NO ( ) purpose of developing industrial facilities and to em power the General Assembly to authorize the various counties, municipalities and political subdivisions to issue revenue obligations for such purposes?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following amendment was read and adopted:
Mr. Clarke of the 45th moves to amend HR 20-44 by striking from the third line of Paragraph VA thereof the word "local" and inserting in lieu thereof the word "political".
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien
Anderson Bagby Barfield Bean
Bedgood Bennett Berry Black
364
Blalock Brinkley Brown, B. D. Bryant Busbee Byrd Carley Carnes Carr Gates Clarke, H. G. Clark, J. T. Collins, J. F. Conger Conner Cox Crowe Dailey Daugherty Da vis Dean DeLong Dillon Dixon Dollar Dorminy Drew Duncan Egan Etheridge Evensen Farrar Fleming Floyd Fulford Funk Gaissert Gary Gignilliat Grahl Grier Hadaway Hamilton Harrell Harris, J. R. Harris, R. W. Harrison Hawkins Henderson
JOURNAL OF THE HOUSE,
Herndon Higginbotham Hill Hood Howard Howell Hutchinson Irvin Johnson, Dr. A. S. Jones, M. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lovell Lovett Lowrey Malone Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker
Parrish Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Rowland Russell Savage Sherman Sims Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spillers Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Mitchell
Wilson, J. M.
TUESDAY, JANUARY 25, 1966
365
Those not voting were Messrs.:
Barber Blair Bowen Brackin Brantley Brown, C. Brown, M. P. Caldwell Chandler Coiling, M. Colwell Cook Dickinson Doster Elliott
Gaynor Hale Harrington Harris, J. F. Holder Houston Hull Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight Land Lane
Maddox Matthews, D. R. Newton, D. L. Ross Rush Shields Smith, J. R. Spikes Stalnaker Vaughan, D. N. Ware Watkins Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 159, nays 2.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
Mr. Barber of the 24th stated that he had been called from the floor of the House when the vote was taken, but had he been present, would have voted "aye" on HR 20-44, as amended.
Mr. Brown of the 120th stated that he had been called from the floor of the House when the vote was taken, but had he been present, would have voted "aye" on HR 20-44, as amended.
HB 96. By Messrs. Busbee of the 79th, Smith of the 90th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend Code Section 92-3110, relating to items not deductible for income tax purposes, as amended, so as to pro vide that any property used as gambling devices or for violating the gambling laws of this State shall not be allowed to be depreciated in computing business deductions; and for other purposes.
The following amendment was read and adopted:
Busbee of the 79th moves to amend HB 96 as follows:
By deleting Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
"SECTION 2
The provisions of this Act shall become applicable for all tax able years ending after January 1, 1966."
366
JOURNAL OP THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Anderson Bagby Barber Bean Bedgood Bennett Berry Blalock Bowen Brantley Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Conger Cox Crowe Dailey Daugherty Davis Dean DeLong Dillon Dollar Dorminy Drew Duncan Etheridge Evensen Farrar Fleming
Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Hill Holder Hood Howard Howell Hutchinson Irvin Johnson, Dr. A. S. Jones, M. Jordan, Ben C. Kiley Knapp Knight Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lovett Lowrey Malone Marshall Matthews, C. Mauldin McClatchey
McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parrish Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Rowland Russell Savage Sherman Shields Sims Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spillers Starnes Steis Stewart Story Stovall
TUESDAY, JANUARY 25, 1966
367
Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend
Tucker Tye Vaughn, C. R. Walling Watson Webb Wells
Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W.
Those not voting were Messrs.:
Barfield Black Blair Brackin Brown, C. Caldwell Collins, M. Colwell, C. Conner Cook Dickinson Dixon Doster Egan Elliott Floyd
Fulford
Hale Harrington Harris, J. F. Henderson Houston Hull Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Lane Lewis Lovell Maddox Matthews, D. R. McCracken
NeSmith, J. D.
Newton, A. S. Parker Peterson Ross Rush Simkins Smith, J. R. Spikes Stalnaker Underwood Vaughan, D. N. Ware Watkins Wilson, J. M. Wood Mr. Speaker
On the passage of the Bill, as amended, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Brown of the 120th stated that he had been called from the floor of the House when the vote was taken, but had he been present, would have voted "aye" on HB 96, as amended.
Mr. Lewis of the 50th stated that he had been called from the floor of the House when the vote was taken on HB 96, but had he been present, would have voted "aye".
HR 62-110. By Mr. Dean of the 20th: A Resolution amending a Resolution, authorizing the conveyance of certain real property, owned by the State Highway Department, and located in East Point, Georgia, so as to provide that the proceeds there from shall be paid to the Treasurer of the State Highway Department; and for other purposes.
368
JOURNAL OP THE HOUSE,
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Caldwell Carley Carnes Carr Clark, J. T. Collins, J. F. Collins, M. Cox Crowe Dailey Daugherty Da vis Dean DeLong Dickinson Dillon Dixon Dorminy Drew Duncan Egan Etheridge Evensen
Farrar Fleming Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howard Howell
Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, M. Jordan, Ben C. Kiley Knapp Knight Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lovett Lowrey Malone Marshall
Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford Palmer Paris Parker Parrish Phillips Pickard Powers Reaves Reid Richardson Roach Rowland Russell Savage Sherman Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spillers Starnes Steis
TUESDAY, JANUARY 25, 1966
369
Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W.
Townsend Tucker
Tye
Underwood Vaughn, C. R. Walling Watson Webb
Wells Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Blair Bo wen Busbee Gates Chandler Clarke, H. G. Colwell Conger Conner Cook Dollar Doster Elliott Floyd Pulford Hale
Harrington Harris, J. F. Harris, J. R. Harris, R. W. Houston Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Land Le vitas Maddox Matthews, D. R. Minge Oglesby Peterson
Rainey Ross Rush Shields Sims Smith, J. R. Spikes Stalnaker Thompson, R. Vaughan, D. N. Ware Watkins Westlake Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 57-97. By Messrs. Busbee of the 79th, Smith of the 90th, Hale of the 1st and Harris of the 118th:
A Resolution ratifying a proposed amendment to the Constitution of the United States relating to the succession to the Presidency and VicePresidency; 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:
370
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson
Barber Barfield Bean Bedgood Bennett Berry Black Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Drew Duncan Egan Etheridge Evensen Farrar Fleming Floyd Fulford
Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harris, J. F. Harris, J. R. Hawkins Herndon Higginbotham Hill Holder Hood Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, M. Jordan, Ben C. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lovett Lowrey Malone Marshall Matthews, C. Mauldin McClatchey McCracken Melton Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L.
Odom Oglesby Otwell Overby Palmer Paris Parker Parrish Phillips Pickard Powers Reaves Reid Richardson Roach Rowland Russell Savage Sherman Sims Simkins Smith, A. B. Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watson Webb Wells Westlake Williams, G. J. Williams, W. M. Wilson, R. W. Wood
TUESDAY, JANUARY 25, 1966
371
Those voting in the negative were Messrs.:
Merritt
Wiggins
Those not voting were Messrs.:
Bagby Blair Bowen Busbee Conner Cook Doster Elliott Gary Harrell Harrington Harris, R. W. Harrison Henderson
Houston Howard Howell Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Knight Land Lane Maddox Matthews, D. R. McDaniell Pafford
Peterson Rainey Ross Rush Shields Smith, G. L. II Smith, V. T. Stalnaker Sullivan Watkins Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 162, nays 2.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HB 76. By Messrs. Harris of the 118th, Smith of the 90th, Busbee of the 79th and Hale of the 1st.
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities of this State for the purpose of aiding in the construction and maintenance of streets, and for aiding in defraying the cost of providing personnel and equipment for the con trol of traffic, so as to provide for the submission of an annual audit from each such municipality to the State Auditor; and for other pur poses.
Mr. Busbee of the 79th moved further consideration on HB 76 be postponed until Wednesday, January 26th, and the motion prevailed.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time.
SB 17. By Senator Ballew of the 50th: A Bill to be entitled an Act to change the terms of the Superior Court of Fannin County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
372
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.
SB 18. By Senator Ballew of the 50th:
A Bill to be entitled an Act to change the terms of the Superior Court of Pickens 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 150. By Mr. Lovell of the 6th:
A Bill to be entitled an Act to amend an Act to provide for compensa tion of the Ordinary of Rabun County, so as to change the compensa tion of 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.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 151. By Messrs. Vaughn and Harris of the 14th:
A Bill to be entitled an Act to create and establish a joint Airport Authority for the City of Cartersville and the County of Bartow; and for other purposes.
The report 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.
TUESDAY, JANUARY 25, 1966
373
The Bill, having received the requisite constitutional majority, was passed.
HB 152. By Messrs. Vaughn and Harris of the 14th:
A Bill to be entitled an Act to amend an Act incorporating the City of Adairsville, as amended, so as to extend and redefine the corporate limits of the City; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 153. By Messrs. Harris and Vaughn of the 14th: A Bill to be entitled an Act to amend an Act incorporating the City of Adairsville, as amended, so as to provide that compensation be paid to the members of the Mayor and Council of the City of Adairsville for their services as such; and for other purposes.
The report 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 158. By Mr. Harrison of the 98th: 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, as amended, so as to prohibit any fishing for shrimp, crab or fish in any waters of St. Andrews Sound and Cumberland Sound with power drawn nets during certain periods of the 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 118, nays 0.
374
JOURNAL OP THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 159. By Mr. Harrison of the 98th:
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, as amended, so as to authorize the governing authority of the City of St. Marys to execute deeds to secure debt and security deed notes encumbering cityowned property as security for money loaned to the city; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 160. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Folkston in the County of Charlton, as amended, so as to provide for council posts; to provide that each candi date for councilman shall designate the position on the council for which he offers as a candidate; and for other purposes.
The report 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 163. By Messrs. Parrish of the 96th and Pafford of the 97th:
A Bill abolishing the fee system existing in the superior courts of the Alapaha Judicial Circuit, so as to change the compensation paid to the Solicitor General; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
TUESDAY, JANUARY 25, 1966
375
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 181. By Mr. Crowe of the 80th:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Worth 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 182. By Mr. Hadaway of the 46th: A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Jasper 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 183. By Mr. Murphy of the 26th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff and ordinary of Haralson 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.
376
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.
HB 184. By Messrs. Newton of the 50th and Lewis of the 50th: A Bill to be entitled an Act to abolish the present mode of compensat ing the Sheriff of Jenkins 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 185. By Mr. Brackin of the 87th:
A Bill to be entitled an Act creating a small claims court in each county in this State having a certain population; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 186. By Mr. Brackin of the 87th:
A Bill to be entitled an Act to fix, allow and provide for the compensa tion of the Sheriff of Miller 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 118, nays 0.
TUESDAY, JANUARY 25, 1966
377
The Bill, having received the requisite constitutional majority, was passed.
HB 189. By Messrs. Gaynor of the 114th, Smith of the 114th, Tye of the 115th and others:
A Bill to be entitled an Act to increase the official bond of the sheriff of Chatham County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 190. By Messrs. Gaynor of the 114th, Smith of the 114th, Tye of the 115th and others.
A Bill to be entitled an Act to increase the official bond of the clerk of the superior court of Chatham County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 191. By Mr. Parrish of the 96th:
A Bill to be entitled an Act to abolish the present mode of compensating the Sheriff of Cook 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.
378
JOURNAL OF THE HOUSE,
HB 194. By Messrs. Richardson of the 116th, Tye of the 115th, Gaynor of the 114th and others:
A Bill to be entitled an Act to amend Code Section 92-6402 of the Code of Georgia of 1933, relating to the payment of taxes to the county in which returns are made, so as to provide that in certain counties, taxes shall become due in two equal installments one-half the 1st of July of each year and one-half the 1st of November of each 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 195. By Mr. NeSmith of the 43rd:
A Bill to be entitled an Act to amend an Act placing the compensation of the Sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meriwether County on a salary basis, in lieu of a fee basis, as amended, so as to change the compensation of the Sheriff, 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 196. By Mr. NeSmith of the 43rd:
A Bill to be entitled an Act to amend an Act abolishing the office of Treasurer of Meriwether County and providing for depositories for the deposit of County funds, as amended, so as to change the provisions relating to the depositories for the deposit of county funds; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
TUESDAY, JANUARY 25, 1966
379
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HE 80-132. By Mr. Irvin of the llth:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the County Board of Education of Habersham County to borrow funds and pledge certain building funds to the payment thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section VII, Paragraph I of the Constitution, relating to the limitation on certain debts, is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary not withstanding, the County Board of Education of Habersham County is hereby authorized and empowered to borrow funds for the pur pose of constructing school buildings and facilities, and pledge the building funds which will or may be forthcoming to Habersham County from the State through the Minimum Foundation Program for Education as security and payment therefor."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 County Board of Education of Habersham County
NO ( ) to borrow funds and pledge certain building funds to the payment thereof?"
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".
380
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:
Abney Adams Alexander Alien Anderson
Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Games Carr Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey Daugherty Da vis
Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Drew Duncan Elliott Etheridge Evensen Farrar Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Holder Hood Howard Ho well Hull Hutchinson
Johnson, Dr. A. S. Jones, M. Jordan, Ben C.
Kiley Knapp Knight Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell
Overby Pafford Palmer Paris Parker Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Rowland Russell Savage Sherman Shields
TUESDAY, JANUARY 25, 1966
381
Sims Simkins Smith, A. B. Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W.
Thompson, R. Townsend Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Blair Caldwell Gates Cook Cox Doster Egan Hale Henderson Higginbotham Hill
Houston Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Land Leonard Maddox Nessmith, P. Parrish
Ross Rush Smith, G. L. II Smith, V. T. Sullivan Tucker Underwood Wells Mr. Speaker
On the adoption of the Resolution, the ayes were 173, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 85-135. By Mr. Dickinson of the 27th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to create an industrial development authority for the City of Douglasville and Douglas County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
382
JOURNAL OF THE HOUSE,
SECTION 1
Article V, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the 'Douglasville-Douglas County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory and embraced by Douglas County and the corporate limits of the City of Douglasville. The City and County may contract with the Authority as a public corporation as pro vided by the Constitution of Georgia.
"The members of the Authority, their qualifications, terms and method of election or appointment shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the Gen eral Assembly may pass all other necessary legislation for the implementation of this amendment.
"The Authority shall be authorized and entitled to issue deben tures and revenue bonds in accordance with the provisions of the Constitution and the laws of Georgia; and all lands and improve ments thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority shall be exempt from State and local taxation. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority.
"Douglas County and the City of Douglasville are respectively authorized to appropriate to the Authority such amount from their funds each year as each governing authority shall determine to be appropriate, and all funds so appropriated when paid to the Au thority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter defined by law.
"The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and the interest of the obligations of the City of Douglasville and Douglas County.
"Said Authority is created for the purpose of developing, pro moting and expanding for the public good and general welfare, in dustry, agriculture, commerce, natural resources, and vocational training and for the making of long range plans for the coordina tion of such development, promotion and expansion within its ter ritorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, Douglas County or the City of Douglasville. The Authority is cre ated for nonprofit purposes and all property acquired by the Au thority and any funds realized by the Authority shall be used con tinually and exclusively for the purposes for which the Authority is created.
TUESDAY, JANUARY 25, 1966
383
"No building or facility acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than 30 years from the day of transfer of possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all indebtedness, both principal and interest, and to pay all other expenses which the Authority may have incurred in connec tion with the undertaking."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in 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 a Douglasville-Douglas County Industrial Development
NO ( ) Authority?"
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:
The Committee on Local Affairs moves to amend HR 85-135 as follows:
In Section 1, 6th paragraph after the words which reads "and the interest of the obligations of the City of Douglasville and Doug las County." add a new sentence which shall read: This tax im munity shall not include exemptions from sales and use taxes on property purchased by the Authority or for use by the Authority".
384
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blalock Bo wen Brackin Brantley Brinkley
Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Games Carr Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey Daugherty Da vis Dean DeLong Dickinson Dillon Dixon Dollar
Dorminy Drew Duncan Elliott Etheridge Evensen Farrar Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Holder Hood Howard Howell Hull Hutchinson Johnson, Dr. A. S. Jones, M. Jordan, Ben C. Kiley Knapp Knight Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S.
Levitas Lewis Longino Lovell Lovett Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Rowland Russell Savage
Sherman Shields Sims Simkins Smith, A. B. Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes
TUESDAY, JANUARY 25, 1966
385
Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tye Vaughan, D. N. Vaughn, C. R.
Walling Ware Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Blair Caldwell Gates Cook Cox Doster Egan Hale Henderson Higginbotham Hill
Houston Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Land Leonard Maddox Nessmith, P. Parrish
Ross Rush Smith, G. L. II Smith, V. T. Sullivan Tucker Underwood Wells Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 173, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 88-165. By Mr. Harrison of the 98th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the governing authority of Camden County to bind said county by contract with any corporation, partnership or individual, so as to provide a stabilized property tax program for said county; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section I, Paragraph IV of the Constitution, relating to exemptions from taxation, as amended, is hereby amended by adding at the end thereof a new paragraph to read as follows:
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JOURNAL OF THE HOUSE,
"Camden County is hereby granted authority to bind itself by contract to a stabilized property tax program with any corpora tion, partnership or individual."
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 grant au thority to Camden County to bind itself by contract
NO ( ) to a stabilized property tax program?"
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 Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood
Bennett Berry Black Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C.
Brown, M. P. Bryant Busbee Byrd Carley Carnes Carr Chandler Clarke, H. G. Clark, J. T.
Collins, J. P. Collins, M. Colwell Conger Conner Crowe Dailey Daugherty Da vis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Drew Duncan Elliott Etheridge Evensen Farrar Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Holder Hood Howard Howell Hull Hutchinson
TUESDAY, JANUARY 25, 1966
387
Johnson, Dr. A. S. Jones, M. Jordan, Ben C. Kiley Knapp Knight Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Peterson Phillips Pickard
Powers Rainey Reaves Reid Richardson Roach Rowland Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs. :
Blair Caldwell Gates
Cook Cox Doster
Egan Hale Henderson
388
Higginbotham Hill Houston Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H.
JOURNAL OF THE HOUSE,
Land Leonard Maddox Nessmith, P. Parrish Ross Rush Smith, G. L. II
Smith, V. T. Sullivan Tucker Underwood Wells Mr. Speaker
On the adoption of the Resolution, the ayes were 173, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 89-165. By Mr. Harrison of the 98th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Camden County Development Authority; to provide for powers, au thority, funds, purposes and procedures connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in the County of Camden to be known as the Camden Development Authority, Woodbine, Georgia, which shall be an instrumentality of Camden County and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.
B. The Authority shall consist of seven members who shall serve for a term of four, three and two years and who shall be eligible for reappointment. The original seven members shall serve terms of three for four years, two for three years and two for two years. They shall be O. P. Middleton, Sr., R. L, Edenfield, K. L. Harrison, each to serve four years; Claude L. Miller, Jr., Richard L. Daley, each to serve three years; Harold C. Rogers, Walter C. Merck, each to serve two years. The subsequent members shall be appointed by the Camden County Commissioners for terms of four years each and until their successors are appointed and qualified. Vacancies shall be filled for the unexpired term by the Authority.
TUESDAY, JANUARY 25, 1966
389
A majority of the members shall constitute a quorum and majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.
C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Camden County.
The exemption from taxation herein provided shall not ex tend 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 agree ment for the purposes of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. The tax exemption herein provided also shall not include exemption from sale and use taxes on property purchased by the Authority or for use of the Authority.
D. The powers of the Authority shall include but not be limited to, the power:
(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings, and property of all kinds within Camden County.
(2) To receive and administer gifts, grants and donations and to administer trusts.
(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations op erating or proposing to operate any industrial plant or establish ment within Camden County. The provisions of this clause shall not be construed to limit any other power of the Authority.
(4) To borrow money and to issue notes, bonds and revenue certificates therefor and to sell, convey, mortgage, pledge and as sign any and all of its funds, property and income as security there for.
(5) To contract with Camden County and other political sub divisions and with private persons and corporations and to sue and be sued in its corporate name.
(6) To have and exercise usual powers of a private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority.
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(7) To encourage and promote the expansion of industry, agri culture, trade, commerce and recreation in Camden County, and to make long-range plans therefor.
(8) To exercise such other powers and duties as may be dele gated to it by the Camden County Commissioners.
(9) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.
(10) To designate officers to sign and act for the Authority generally or in any specific matter.
(11) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
E. The Authority shall not be authorized to create in any man ner any debt, liability or obligation against Camden County or the State of Georgia.
F. The Authority shall have the same immunity and exemption from liability from torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in performance of the work of the Authority, shall have the same im munity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Au thority may be sued the same as private corporations on any con tractual obligation of the Authority.
G. The members of the Authority shall receive only such com pensation for their services to the Authority as shall be authorized by the Authority and approved by the Board of Commissioners and such compensation shall be paid from funds of the Authority.
H. The County of Camden is authorized to levy an annual tax, not to exceed three 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 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 pro vided by law, which tax shall be in addition to all other taxes au thorized by law.
I. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Au thority and the procedure of validation, issuance and delivery shall be in all respect in accordance with the Revenue Bond Law (Ga. Laws 1937, P. 761), as amended, Ga. Code Ann., Supp., Chapter 87-8, as if said obligation had been originally authorized to be
TUESDAY, JANUARY 25, 1966
391
issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bond issued as pro vided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or in terest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to authorize said Authority to issue any bond resulting in the creation of a lien against the tax digest of Camden County.
J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority and any such property, funds or in come may be sold under legal process or under any power granted by the Authority to enforce payments of the obligation.
K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Camden County and its citizens, industry, agriculture, trade, commerce and recre ation within Camden County and making long-range plans for such development and expansion. This amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose.
L. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor.
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.
N. There shall be no limitations upon the amount of debt which the Authority may incur, but no debt created by the Au thority shall be a debt of Camden County or the State of Georgia."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in 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:
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JOURNAL OP THE HOUSE,
"YES ( ) Shall the Constitution be amended so as to create the Camden County Development Authority and to
"NO ( ) provide for powers, authority, funds, purposes and procedures 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 re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Carnes
Carr Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Drew Duncan Elliott Etheridge Evensen Farrar
Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Holder Hood Howard Howell Hull Hutchinson
TUESDAY, JANUARY 25, 1966
393
Johnson, A. S. Dr. Jones, M. Jordan, Ben C. Kiley Knapp Knight Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey M alone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C.
Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Rowland Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, J. R. Smith, W. L.
Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Westlake Wiggins Williams, G. J. Wilson, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Blair Caldwell Gates Cook Cox Doster Egan Hale Henderson Higginbotham Hill
Houston Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Land Leonard Maddox Nessmith, P.
Parrish Ross Rush Smith, G. L. II Smith, V. T. Sullivan Tucker Underwood Wells Mr. Speaker
On the adoption of the Resolution, the ayes were 173, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
394
JOURNAL OF THE HOUSE,
HE 90-165. By Mr. Harrison of the 98th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the governing authority of Charlton County to bind said county by contract with any corporation, partnership or individual, so as to provide a stabilized property tax program for said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section I, Paragraph IV of the Constitution, relating to exemptions from taxation, as amended, is hereby amended by adding at the end thereof a new paragraph to read as follows:
"Charlton County is hereby granted authority to bind itself by contract to a stabilized property tax program with any corporation, partnership or individual."
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 grant authority to Charlton County to bind itself by
NO ( ) contract to a stabilized property tax program?"
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, JANUARY 25, 1966
395
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Carnes Carr Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar
Dorminy Drew Duncan Egan Elliott Etheridge Evensen Parrar Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Holder Hood Howard Howell Hull Hutchinson Johnson, Dr. A. S. Jones, M. Jordan, Ben C. Kiley Knapp Knight Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Rowland Russell
396
Savage Sherman Shields Sims Simkins Smith, A. B. Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker
JOURNAL OF THE HOUSE,
Starnes Steis Stewart Story Stovall
Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tye Vaughan, D. N.
Vaughn, C. R. Walling Ware Watkins Watson
Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Blair Caldwell Gates Cook Cox Doster Hale Henderson Higginbotham Hill
Houston Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Land Leonard Maddox Nessmith, P.
Parrish Ross Rush Smith, G. L. II Smith, V. T. Sullivan Tucker Underwood Wells Mr. Speaker
On the adoption of the Resolution, the ayes were 173, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 91-165. By Mr. Harrison of the 98th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the governing authority of the City of Folkston to bind said city by con tract with any corporation, partnership or individual, so as to provide a stabilized property tax program for said city; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section I, Paragraph IV of the Constitution, relating to exemptions from taxation, as amended, is hereby amended by adding at the end thereof a new paragraph to read as follows:
TUESDAY, JANUARY 25, 1966
397
"The City of Folkston is hereby granted authority to bind it self by contract to a stabilized property tax program with any cor poration, partnership or individual."
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 grant auNO ( ) thority to the City of Folkston to bind itself by con tract to a stabilized property tax program?"
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 Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood
Bennett Berry Black Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C.
Brown, M. P. Bryant Busbee Byrd Carley Games Carr Chandler Clarke, H. G. Clark, J. T.
398
Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Drew Duncan Egan Elliott Etheridge Evensen Farrar Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Holder Hood Howard Howell Hull
JOURNAL OF THE HOUSE,
Hutchinson Johnson, Dr. A. S. Jones, M. Jordan, Ben C. Kiley Knapp Knight Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Peterson Phillips
Pickard Powers Rainey Reaves Reid Richardson Roach Rowland Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, J. R. Smith, W. L. Snellings Snow, Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Blair Caldwell Gates
Cook Cox Doster
Hale Henderson Higginbotham
Hill Houston Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H.
TUESDAY, JANUARY 25, 1966
399
Land Leonard Maddox Nessmith, P. Parrish Ross Rush
Smith, G. L. II Smith, V. T. Sullivan Tucker Underwood Wells Mr. Speaker
On the adoption of the Resolution, the ayes were 173, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 115-201. By Mr. Crowe of the 80th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Worth County Industrial Development Authority; to provide for powers, authority, 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:
"A. There is hereby created a body corporate and politic in Worth County to be known as the 'Worth County Industrial De velopment Authority' hereinafter referred to as the 'Authority', which shall be an instrumentality of Worth County and a public corporation.
"B. The Authority shall consist of seven (7) members who shall serve for a term of four (4) years each and who shall be eligible for reappointment. The members shall be appointed by a majority of the Commissioners of Roads and Revenues of Worth County, and the members may be residents of any area of Worth County. The first members of the Authority shall be appointed for terms of two for one year; two for two years; two for three years and one for four years and until their successors are elected and qualified. The Board of Commissioners of Roads and Revenues of Worth County shall designate the terms of office of the first members when making the appointment. Thereafter, the terms of office of all members shall be for four (4) years and until their successors are elected and qualified. Vacancies shall be filled for
400
JOURNAL OF THE HOUSE,
the unexpired term by the said Board of Commissioners of Roads and Revenues. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No va cancy shall impair the power of the Authority to act. No member of the Authority may be a member of the Board of Commissioners of Roads and Revenues of Worth County, but there shall be no other disqualification to hold public office by reason of membership on the Authority.
"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 Worth County.
"D. 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 agree ment for the purpose of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provided by general or local law. The tax exemption herein provided also shall not include exemption from sale and use taxes on property purchased by the Authority or for use of the Authority.
"E. The powers of the Authority shall include but not be limit ed 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 Worth 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 promising to operate any industrial plant or establishment within Worth County which in the judgment of the Authority will be a benefit to the people of said County. The provisions of this clause shall not be construed to limit any other power of the Authority;
(4) To borrow money, to issue notes, bonds, and revenue certificates therefor, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
(5) To contract with Worth 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
TUESDAY, JANUARY 25, 1966
401
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 Worth 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 Worth County, suitable for and in tended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnish ings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition 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;
"F. The Authority shall not be authorized to create in any manner any dept, liability or obligation against the State of Georgia or Worth County.
"G. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.
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"H. The members of the Authority shall receive no compensa tion for their services of the Authority.
"I. The Authority, with the consent of the Board of Commis sioners of Roads and Revenues of Worth 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 procedure of validation, issuance and delivery shall be in all respects in ac cordance 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 thereunder; provided, however that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or other wise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure, or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Bonds, thus issued, shall be paid first from the income of the Authority. In the event such 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 two mills.
"J. The Commissioners of Roads and Revenues are also auth orized in addition to the tax provided in Paragraph I, 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.
"K. 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.
"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Worth County and its citizens, industry, agriculture and trade within the County of Worth, and making long-range plans for such development and expansion and to authorize the use of public funds of Worth 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.
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403
"M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first mem bers of the Authority shall be appointed within thirty days after such proclamation.
"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Worth County, and the scope of its operations shall be limited to the territory embraced within Worth County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Worth County.
"0. 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 Worth 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 amend ed.
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 Worth County Industrial Development Au-
NO ( ) thority and to provide for powers, authority, funds, purposes and procedures 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 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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On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blalock Bo wen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Games Carr Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Drew Duncan Elliott
Etheridge Evensen Farrar Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Holder Hood Howard Howell Hull Hutchinson Johnson, A. S. Dr. Jones, M. Jordan, Ben C. Kiley Knapp Knight Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Lovett Lowrey Malone Marshall
Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Rowland Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker
TUESDAY, JANUARY 25, 1966
405
Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W.
Thompson, R. Townsend Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson
Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Blair Caldwell Gates Cook Cox Doster Egan Hale Henderson Higginbotham Hill
Houston Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Land Maddox Leonard. Nessmith, P. Parrish
Ross Rush Smith, G. L. II Smith, V. T. Sullivan Tucker Underwood Wells Mr. Speaker
On the adoption of the Resolution, the ayes were 173, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 117-206. By Messrs. Wilson of the 102nd, Jordan of the 103rd, and McDaniell and Howard of the 101st.
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a Zoning and Planning Commission for the unincorporated and/or incorporated areas of Cobb County and for various codes in connection therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article III, Section VII, Paragraph XXIII of the Constitution is hereby amended by adding at the end thereof the following:
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"The General Assembly is hereby authorized to provide by law for a Zoning and Planning Commission for the unincorporated and/or incorporated areas of Cobb County now or hereinafter exist ing. Such law may grant the Commission all the authority which the General Assembly has heretofore been authorized in this Para graph to grant to the governing authorities of municipalities and counties. The General Assembly is also authorized to provide by law for the promulgation of codes, rules and regulations relating to building, construction, plumbing, heating, air conditioning, ventilat ing, and electrical installation for the unincorporated and/or in corporated areas of Cobb County. Authority to administer such codes, rules and regulations may be granted to the Zoning and Planning Commission, authorized hereinbefore, or to the governing authority of Cobb County, or to both, in such manner as the General Assembly may prescribe. The General Assembly may provide for the enforcement of the actions of the Zoning and Planning Commis sion and for the aforesaid codes, rules and regulations, by the Superior Court of Cobb County. Funds of the county and such other public funds as might be available may be used for the Commission and in the administration of the aforesaid codes, rules and regula tions. The General Assembly may provide how such funds may be utilized. The General Assembly is also authorized to provide for all matters relating to the subjects provided for herein. The General Assembly is also authorized to provide for the eventual merger of the Zoning and Planning Commission, established herein with any and all other Zoning and Planning Commissions or Boards in the incorporated areas of Cobb County and to provide the procedure connected therewith."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to au thorize the General Assembly to provide by law for a Zoning Planning Commission for the un-
NO ( ) incorporated and/or incorporated areas of Cobb County and for various codes in connection there with?"
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
TUESDAY, JANUARY 25, 1966
407
State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Carnes Carr Chandler
Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey
Daugherty Davis Dean DeLong Dickinson
Dillon Dixon Dollar Dorminy
Drew Duncan Elliott Etheridge
Evensen Farrar Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat
Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Holder Hood
Howard Howell Hull Hutchinson Johnson, Dr. A. S. Jones, M. Jordan, Ben C. Kiley Knapp Knight Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H.
408
Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach
JOURNAL OF THE HOUSE,
Rowland Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sweat
Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Blair Caldwell Gates Cook Cox Doster Egan Hale Henderson Higginbotham Hill
Houston Irvin Johnson, B. Jones, C. M. Jones, C. Paul Jordan, W. H. Land Leonard Maddox Nessmith, P. Parrish
Ross Rush Smith, G. L. II Smith, V. T. Sullivan Tucker Underwood Wells Mr. Speaker
On the adoption of the Resolution, the ayes were 173 nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
The following Resolution of the House was read and adopted:
HR 142. By Mr. Melton of the 34th: HOUSE OF REPRESENTATIVES
A RESOLUTION
Expressing sincere congratulations and best wishes to Mr. John Joseph McDonough.
TUESDAY, JANUARY 25, 1966
409
WHEREAS, Mr. John Joseph McDonough, chairman of the board and chief executive officer of the Georgia Power Company, retires on February 1, 1966, following 39 years of dedicated service to the electric utility industry and to his community, state and nation; and
WHEREAS, under his dynamic management and leadership, the Georgia Power Company has experienced unparalleled growth and, in turn, has made innumerable contributions to the economic progress and prosperity of the State of Georgia; and
WHEREAS, Mr. McDonough's wisdom and business abilities and his ardent personal support of numerous youth, educational, civic and charitable organizations have benefited many thousands of Georgians; and
WHEREAS, he has directly served his state as a member of the Georgia State Board of Education, the Board of Regents of the Univer sity System of Georgia and the Board of Commissioners of the State Department of Industry and Trade, thereby, through his sound judgment and wise counsel, helping to greatly improve and advance the educational system of Georgia and to promote the industrial development of the State; and
WHEREAS, Mr. McDonough is one of the truly outstanding citizens of our state and is a person of highest ideals and character.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its grateful appreciation to Mr. McDonough for his unselfish service to his state and to the people of Georgia and extends to him its best wishes for good health, happiness and prosperity in the future.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward to Mr. McDonough an appropriate copy of this resolution.
By unanimous consent, the following Resolutions of the House were read and referred to the Committee of the House on Rules:
HR 143. By Messrs. Harris of the 118th, and Smith of the 90th:
A RESOLUTION
Creating the State Highway Grants Study Committee; and for other purposes.
WHEREAS, the General Assembly has appropriated funds to coun ties and municipalities for road and street purposes; and
WHEREAS, such appropriations are in the nature of direct grants to counties and municipalities based on existing law, although large
410
JOURNAL OP THE HOUSE,
amounts of other State funds are used for the aforesaid purposes also; and
WHEREAS, there has been considerable discussion as to whether such grants are excessive or inadequate and it would be advantageous to the members of the General Assembly to obtain information con cerning the aforesaid grants and other similar funds.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the State Highway Grants Study Committee to be composed of seven members of the House, to be appointed by the Speaker for the purpose of making a study of grants and other funds to counties and municipalities for road and street purposes. The Committee shall study the procedures and the laws under which such grants are made and shall seek to determine whether the amounts involved are excessive or inadequate. The Committee is hereby authorized to study all aspects of this subject. The Committee is hereby authorized to consult with highway officials, county officials and municipal officials, and all such officials shall cooperate and assist the Committee in every way possible. The members of the Committee shall receive the compensation, per diem, expenses and allowances au thorized for legislative members of legislative interim committees, but shall receive the same for not more than twenty days. The Committee shall make a report of its findings and recommendations on or before December 1, 1966 on which date the Committee shall stand abolished. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to and available to the legislative branch of the government.
HR 144. By Messrs. Harris of the 118th, and Smith of the 90th:
A RESOLUTION
Creating the Highway Laws Study Committee; and for other purposes.
WHEREAS, the laws relating to the State Highway Department and particularly those relative to the organization, powers, duties and operating practices thereof are oftentimes ambiguous, contradictory and confusing; and
WHEREAS, it would be highly advantageous to the Department, the State Government, to local governments and to all the citizens of this State if such laws were consolidated and revised so as to eliminate the many ambiguities.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Highway Laws Study Committee to be composed of seven members of the House, to be appointed by the Speaker for the purpose of studying ways and means relative to the consolidation and revision of all laws pertaining to the State Highway Department. In the event the Committee ascertains that such consolidation and revision might be accomplished without the
TUESDAY, JANUARY 25, 1966
411
necessity of further legislation, the Committee is authorized to recom mend that such revision be started as soon as possible. In the event it is determined that legislation is necessary to accomplish such revision, the Committee shall so recommend. The Committee shall consult with the officials and employees of the State Highway Department, the At torney General's Office and the Legislative Counsel's Office relative to the subject of its inquiry. The members of the Committee 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 fifteen days. The Committee shall make a report from its findings and recommendations on or before December 1, 1966, on which date the Committee shall stand abolished. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to and available to the legislative branch of the government.
HR 145. By Messrs. Harris of the 118th and Smith of the 90th:
A RESOLUTION
Creating the State Claims Study Committee; and for other purposes.
WHEREAS, the General Assembly is called upon to consider a large number of compensation resolutions each session, and the claims upon which such resolutions are based are presently processed through the Claims Advisory Board, which was created by the General Assembly for such purpose; and
WHEREAS, for many years the procedure for handling claims against the State has been discussed by members of the General As sembly and various proposals relative thereto have been offered; and
WHEREAS, the basic point involved is the fact that the Govern ment is immune from suit unless it grants permission for action to be taken.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that there is hereby created the State Claims Study Committee to be composed of seven members of the House, to be appointed by the Speaker. The Committee shall study the entire procedure relative to claims against the State and all proposals con cerning the subject. It shall study the possibility of creating a Claims Court or providing insurance coverage, or other possibilities for pro cessing such claims. The Committee shall seek the advise and counsel of the members and employees of the Claims Advisory Board, the At torney General's Office and the Legislative Counsel's Office. The Com mittee shall study the laws of other states on such subject and the ad ministration of such laws. The members of the Committee shall re ceive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees. The Com mittee shall make a report of its findings and recommendations on or before December 1, 1966, on which date the Committee shall stand abolished. The funds necessary to carry out the purposes of this Resolu-
412
JOURNAL OF THE HOUSE,
tion shall come from the funds appropriated to and available to the legislative branch of the government.
HR 146. By Messrs. Irvin of the llth, Story of the 22nd, Oglesby of the 92nd, Melton of the 34th, Pickard of the 112th, Mauldin of the 18th and Alien of the 93rd:
A RESOLUTION
Requesting the State Board of Education to establish an experi mental twelve-month school program and for other purposes.
WHEREAS, as a consequence of Georgia's economy becoming more industrialized, the need for better educated students becomes in creasingly more apparent; and
WHEREAS, these increasingly more complex educational demands cannot easily be incorporated into the current one hundred and eighty (180)-day school year; and
WHEREAS, Georgia is the owner of school properties valued in excess of $800,000,000.00, which are not being utilized to their fullest potential, especially during the summer months; and
WHEREAS, these increased educational demands can be met through the establishment of a meaningful summer program through the use of presently idle existing school facilities; and
WHEREAS, the establishment of such programs will serve to bene fit Georgia in at least three separate ways which are: (1) Increased educational opportunities for students; (2) Increased return for funds expended for educational purposes by putting into use existing school facilities which have in the past remained idle during the summer months; (3) a method of recognizing the superior teacher and providing him with additional compensation and eliminating the necessity of his having to search for summer employment outside of the educational field; and
WHEREAS, present summer programs are maintained on an ex clusively local basis and financed entirely through the imposition of tuition paid by the student; and
WHEREAS, this procedure results in two problems: (1) It denies the summer program to the needy student who cannot afford to pay tuition. (2) It results in each local system establishing its own curricu lum with no uniformity or standards throughout the State; and
WHEREAS, the State should contribute funds to the local systems in the same manner as is done for the regular school year, thus allowing needy students to also participate in the summer program; and
WHEREAS, the State should establish certain guidelines and stand ards to be followed throughout the State by the local systems, thus
TUESDAY, JANUARY 25, I960
413
insuring a minimum standard for courses being taught and some degree of uniformity in the teaching of those courses; and
WHEREAS, the establishment of the school system on a year-round basis is rapidly becoming a necessity; and
WHEREAS, the State Department of Education is best qualified for the establishment of a pilot program on a year-round basis, which could be utilized in the establishment of such a system throughout the State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that the State Board of Education is hereby authorized and requested to study the problems related to the establishment of a year-round school system; and that one form of this study be the establishment of an experimental twelve-month school program in one or more local school districts and such program shall be under the direction of the State Board of Education; and that, as far as practicable, the experimental program will be available to all students accessible to it, regardless of whether the student is currently attending classes in the school district in which the pilot program has been established.
BE IT FURTHER RESOLVED that upon the completion of such study, the State Board of Education shall report back to this Body its findings and recommendations and the same shall include the results of the experimental twelve-month school program.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit a copy of this resolution to the State Board of Education.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 5. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act known as the "Municipal Home Rule Act of 1965", so as to change and clarify the provisions relating to the calling of referendum elections; and for other purposes.
Referred to the Committee on Judiciary.
SB 14. By Senator Sanders of the 41st:
A Bill to be entitled an Act to provide that any person who is 18 years of age or older and who is married may bind himself by contract as though said person were 21 years of age or older, and said contract shall be enforceable as though said person were 21 years of age or older; and for other purposes.
Referred to the Committee on Judiciary.
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JOURNAL OF THE HOUSE,
SB 26. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th, and others:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide that the Director of Public Safety shall automatically revoke the driver's license of any person convicted of the theft of a motor vehicle or any part thereof; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 27. By Senators Broun of the 46th, Kilpatrick of the 44th, Searcy of the 2nd and others:
A Bill to be entitled an Act to amend Code Section 68-9916 relating to the unlawful sale or possession of certain vehicles from which identifying numbers have been removed or otherwise altered for the purpose of concealing or misrepresenting the identity of such vehicles so as to change the penalty for any such violation; and for other purposes.
Referred to the Committee on Motor Vehicles.
The following communication was received from the Executive Department:
STATE OF GEORGIA Executive Department
Atlanta January 10, 1966
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 Constitution of the State of Georgia, I respectfully submit herewith to your Honorable Body criminal cases in which the death sentence was suspended by me:
State of Georgia v. George Charles Jones: convicted of Murder in Fulton County, Georgia, and sentenced to death by electrocution on June 16, 1965; sentence stayed for a period of thirty days on June 10, 1965, 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. Albert Vanleeward: convicted of Rape in Muscogee County, Georgia, and sentenced to death by electrocution on July 30, 1965; sentenced stayed for a period of sixty days on July 22, 1965, in
TUESDAY, JANUARY 25, 1966
415
order to enable the State Board of Pardons and Paroles to have suf ficient time within which to hear and pass upon said case.
State of Georgia v. Johnny Lee Clarke: convicted of Murder in Fulton County, Georgia, and sentenced to death by electrocution on August 20, 1965; sentence stayed for a period of sixty days on August 6, 1965, in order to enable the State Board of Pardons and Paroles to have sufficient time within which to hear and pass upon said case.
With kindest personal regards to each of you, I am
Sincerely,
CES/ag
/a/ Carl E. Sanders Governor
Mr. Harris of the 118th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
416.
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Wednesday, January 26, 1966
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker Pro Tern.
Prayer was offered by Rev. Don Hazel, Pastor, First Baptist Church, Villa Rica, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, 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 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:
WEDNESDAY, JANUARY 26, 1966
417
SB 3. By Senator Smalley of the 28th:
A Bill to create the Superior Court Judges and Solicitors General and Judges and Solicitors of Inferior Courts Retirement Fund; to provide that said Fund shall be administered by the Board of Trustees of the Employee's Retirement System; and for other purposes.
SB 36. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A Bill to provide that it shall be unlawful for any person to report or communicate by any device or means the presence or existence of any explosive device or mechanism or its supposed location when such per son knows or has reasonable cause to know that such information is false, untrue or misleading; to provide for a penalty; and for other purposes.
SB 1. By Senator Webb of the llth:
A Bill to provide that the holding, owning, having in possession of or paying tax for a wagering occupational tax stamp or a coin operated gambling device tax stamp issued by the International Revenue authori ties of the United States shall be prima facie evidence in all the courts of this State against the person holding such stamp in any prosecution of the gambling laws of this State; and for other purposes.
The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate, to-wit:
SR 15. By Senators Gillis of the 20th, Rowan of the 8th and others:
A Resolution proposing an amendment to the Constitution so as to provide the General Assembly to provide by law for the establishment of a uniform method of assessment of farm and forest lands which shall be based upon the capability of such land to produce farm and forest crops; and for other purposes.
SR 11. By Senators Johnson of the 42nd and Webb of the llth:
Proposing an amendment to the Constitution so as to declare public transportation of passengers for hire to be an essential governmental function and a public purpose for which the power of taxation of this State may be exercised and its public funds expended; and for other purposes.
By unanimous consent, the following Bills and Resolutions were introduced* read the first time and referred to the Committees:
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JOURNAL OF THE HOUSE,
HB 265. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend Code Section 13-203, relating to branch banks, so as to provide for the establishment of branch banks in counties having a certain population; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 266. By Mr. Savage of the 58th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Macon County on a salary basis in lieu of the fee system of compensa tion, so as to change the compensation of the ordinary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 267. By Mr. Savage of the 58th: A Bill to be entitled an Act to amend an Act placing the tax receiver of Macon County on a salary basis in lieu of the fee system of com pensation, so as to change the compensation of the tax receiver; and for other purposes.
Referred to the Committee on Local Affairs.
HB 268. By Mr. Rowland of the 48th: A Bill to be entitled an Act to repeal in its entirety Section 24-3103 of the Code of Georgia of 1933, relating to compensation of stenog raphers and reporters in civil cases, so as to provide compensation for the reporter or stenographer in civil cases for reporting and furnishing transcript of cases reported; and for other purposes.
Referred to the Committee on Judiciary.
HB 269. By Mr. McCracken of the 49th: A Bill to be entitled an Act to establish a new charter for the City of Louisville, so as to provide that the book for the registration of voters shall be opened at all times except for periods of 20 days before each election; and for other purposes.
Referred to the Committee on Local Affairs.
HB 270. By Mr. Overby of the 16th: A Bill to be entitled an Act to amend an Act relating to eminent domain procedures, before a special master, so as to provide a more efficient and certain method of service upon non-residents who own the property condemned; and for other purposes.
Referred to the Committee on Judiciary.
WEDNESDAY, JANUARY 26, 1966
419
HB 271. By Mr. Overby of the 16th:
A Bill to be entitled an Act to amend Section 92-6216, relating to the oath of persons making returns of taxable property, so as to provide that copies of the Tax Returns of the owner of any property, upon certification as true and correct, shall be received in evidence in any court of this State as to any issue before such court concerning the value of the property; and for other purposes.
Referred to the Committee on Judiciary.
HB 272. By Mr. Overby of the 16th:
A Bill to be entitled an Act to amend an Act, relating to the procedures connected for the power of eminent domain, so as to provide a more efficient and certain method of service upon non-residents who own the property condemned; and for other purposes.
Referred to the Committee on Judiciary.
HB 273. By Mr. Overby of the 16th:
A Bill to be entitled an Act to amend Code Chapter 36-11, relating to condemnation and eminent domain, so as to provide a more efficient and certain method of service upon non-residents who own the property condemned; and for other purposes.
Referred to the Committee on Judiciary.
HB 274. By Mr. Brackin of the 87th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenue for Miller County, so as to change the provisions relating to the compensation of the Chairman; and for other purposes.
Referred to the Committee on Local Affairs.
HB 275. By Mr. Floyd of the 7th:
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 276. By Mr. Ployd of the 7th:
A Bill to be entitled an Act to amend an Act placing the sheriff of the superior court of Chattooga County on a salary system, 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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HB 277. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court of Chattooga County on a salary, so as to provide that the clerk of the superior court 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 278. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to repeal an Act establishing the City Court of Chattooga County, so as to provide an effective date; and for other purposes.
Referred to the Committee on Local Affairs.
HB 279. By Messrs. Lee, Gary and Harrell of the 35th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenue for Clayton County, so as to provide that the Clayton County purchasing agent shall be a full-time employee of Clayton County and shall be eligible to come under the Clayton County Civil Service System; and for other purposes.
Referred to the Committee on Local Affairs.
HB 280. By Mr. Otwell of the 10th:
A Bill to be entitled an Act to change the compensation of the clerk of the superior court, the sheriff and the tax commissioner of Forsyth; and for other purposes.
Referred to the Committee on Local Affairs.
HB 281. By Mr. Otwell of the 10th: 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 provide for an expense allowance for the Chairman of the Board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 282. By Mr. Otwell of the 10th: A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Dawson County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, JANUARY 26, 1966
421
HB 283. By Mr. Pickard of the 112th:
A Bill to be entitled an Act to amend Code Section 34-1006, relating to qualification of candidates, so as to provide that if a person qualifies for party nomination and no other person qualifies against him by the end of the qualifying period, such person shall be declared the nominee of the party without the necessity of keeping the polls open in the district; and for other purposes.
Referred to the Committee on Judiciary.
HB 284. By Mr. Pickard of the 112th:
A Bill to be entitled an Act to amend an Act, relating to taxation on certain intangible property, so as to provide that no person shall be required to report such property and pay taxes thereon if the amount due is $5.00 or less; and for other purposes.
Referred to the Committee on Ways and Means.
HB 285. By Messrs. Hale, Abney and Snow of the 1st:
A Bill to be entitled an Act to amend an Act abolishing the offices of the tax collector and tax receiver of Dade County and creating in lieu thereof the office of tax commissioner, so as to change the compensa tion of the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 286. By Messrs. Hale, Abney and Snow of the 1st:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue for Dade County, so as to change the compensation of the commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 287. By Messrs. Hale, Abney and Snow of the 1st:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Dade County upon an annual salary, so as to increase the maximum clerical expense allowance for the Ordinary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 288. By Messrs. Hale, Abney and Snow of the 1st:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Dade County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OP THE HOUSE,
HB 289. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Jordan of the 103rd:
A Bill to be entitled an Act to amend Code Section 47-102, relating to senatorial districts, so as to change the provisions relating to the 32nd and 33rd Senatorial Districts of Cobb County; and for other purposes.
Referred to the Committee on Judiciary.
HB 290. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act relating to the judges of the superior courts, providing that any judge may request any judge emeritus to serve and preside in the superior court of any county in the judicial circuit of judge making said request; and for other pur poses.
Referred to the Committee on Judiciary.
HB 291. By Mr. Wells of the 30th: A Bill to be entitled an Act to amend an Act incorporating the town of Farmington in the County of Oconee, so as to provide for an election for the mayor and council; and for other purposes.
Referred to the Committee on Local Affairs.
HR 138-291. By Messrs. Thomas of the 77th, Pafford of the 97th, Herndon of the 74th and Byrd of the 28th: 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.
Referred to the Committee on Ways and Means.
HR 139-291. By Messrs. Harris and Smith of the 85th: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local act for the creation of a Charter Commission to study all matters relating to the consolida tion of the government of the City of Brunswick and Glynn County and for the establishing of a successor government; and for other purposes.
Referred to the Committee on Local Affairs.
HR 140-291. By Mr. Ployd of the 7th: A Resolution proposing an amendment to the Constitution so as to change the manner of election and terms of office of the members of the Board of Education of Chattooga County; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, JANUARY 26, 1966
423
HR 141-291. By Messrs. Floyd of the 7th, Steis of the 100th, Murphy of the 26th, Wiggins of the 32nd, Paris of the 23rd and others:
A Resolution proposing an amendment to the Constitution so as to change the qualifications of Justices of the Supreme Court and the Judges of the Court of Appeals; and for other purposes.
Referred to the Committee on Judiciary.
HB 292. By Messrs. Newton of the 94th, Irvin of the llth, Farrar of the 118th, Jones of the 112th, Story of the 22nd, Barber of the 24th, Blair of the 68th, Smith of the 54th 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 minimum sum in determining the funds needed by local units of administration for maintenance, operation and sick lease expenses not otherwise pro vided in said Act; and for other purposes.
Referred to the Committee on Education.
HB 293. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to place the Ordinary 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 294. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend Code Section 24-1801, relating to clerks of County Ordinaries, so as to authorize the Ordinaries in certain counties to appoint a clerk whose salary shall be paid from county funds; and for other purposes.
Referred to the Committee on Local Affairs.
HB 295. By Mr. Fleming of the 106th:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Retailers' and Consumers' Sale and Use Tax Act", so as to exclude from the terms "retail sale" and "sale at retail" tangible personal property which is employed directly in any facility which has been installed or constructed for the primary purpose of reducing air or water pollution; and for other purposes.
Referred to the Committee on Ways and Means.
HB 296. By Messrs. Abney, Snow and Hale of the 1st and Clark of the 2nd:
A Bill to be entitled an Act to amend an Act providing for an additional judge of the superior courts of the Lookout Mountain Judicial Circuit,
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JOURNAL OP THE HOUSE,
so as to provide that such additional judge shall receive the salary supplement which the other judge of said Circuit receives; and for other purposes.
Referred to the Committee on Local Affairs.
HB 297. By Messrs. Pafford of the 97th and Matthews of the 94th: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide for a minimum wage for school lunch program personnel; and for other purposes.
Referred to the Committee on Education.
HB 298. By Messrs. Henderson and Wilson of the 102nd, McDaniell and Howard of the 101st, Jordan of the 103rd, DeLong and Sherman of the 105th: 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 exempt from the provisions of said Act the sale of medicines, drugs, burial caskets, coffins and vaults; and for other purposes.
Referred to the Committee on Ways and Means.
HB 299. By Messrs. Henderson and Wilson of the 102nd, McDaniell of the 101st, Jordan of the 103rd, DeLong and Sherman of the 105th: A Bill to be entitled an Act to amend Code Section 92-3901, relating to the deductions from the gross income, so as to allow a deduction from gross income of Federal income taxes; and for other purposes.
Referred to the Committee on Ways and Means.
HB 300. By Mr. Matthews of the 94th: A Bill to be entitled an Act to amend Code Section 34-1317, relating to assistance to electors when voting and the number of electors a person shall assist in any primary or election, so as to change the number of electors a person shall assist in any primary or election; and for other purposes.
Referred to the Committee on Judiciary.
HB 301. By Mr. Conger of the 89th: A Bill to be entitled an Act to amend Code Title 13, known as the "Banking Law" of Georgia, so as to provide for the establishment and operation of banking facilities as an expansion or extension of existing facilities; and for other purposes.
Referred to the Committee on Banks and Banking.
WEDNESDAY, JANUARY 26, 1966
425
HE 147-301. By Messrs. McDaniell of the 101st, Jordan of the 103rd, Fulford of the 67th, Watson and Story of the 22nd and Henderson of the 102nd:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a change of venue in certain condemnation cases; and for other purposes.
Referred to the Committee on Judiciary.
HR 148-301. By Mr. Elliott of the 107th:
A Resolution authorizing the conveyance of certain State Property located in Bibb County, Georgia; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 302. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
A Bill to be entitled an Act to amend Section 92-1403 relating to the "Motor Fuel Tax Law", so as to provide for the levy of the tax on motor fuel, kerosene and fuels not commonly measured by the gallon; and for other purposes.
Referred to the Committee on Ways and Means.
HB 303. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to remove as one of the require ments for an exemption of the tax on machinery used in the manufac ture of tangible personal property in certain plants that the installation of such machinery must result in a substantial increase in the employ ment of the plant; 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 221. By Mr. DeLong of the 105th:
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 exclude from the terms "retails sale" and "sale at retail" the sale of all drugs and medicines, which are purchased by prescription; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 222. By Messrs. Evensen, Westlake and Higginbotham of the 119th, Dollar of the 89th, Tucker of the 36th, Johnson of the 40th and others:
A Bill to be entitled an Act to amend Code Section 92-2901 relating to the definition of certain terms insofar as they are used for the pur poses of the motor vehicle license tax, so as to exclude from the defini tion of a truck motor vehicles which have been designed primarily for the purpose of transporting passengers; and for other purposes.
HB 223. By Messrs. Wiggins and Reid of the 32nd:
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.
HB 224. By Mr. Alexander of the 133rd:
A Bill to be entitled an Act to amend an Act relating to the punish ment of any person who shall desecrate the burial place of any human body, so as to change the punishment for such crime; and for other purposes.
HB 225. By Mr. Alexander of the 133rd:
A Bill to be entitled an Act to amend Code Title 26 relating to crimes against the State, so as to change the punishment for burning a bridge; and for other purposes.
HB 226. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Section 56-1022 relating to eligible investments of domestic insurers, so as to provide that mort gage loans on single family residential dwellings may not exceed eighty percent of the value of the real property or leasehold securing same; and for other purposes.
HB 227. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to repeal an Act establishing the County Court of Atkinson County, so as to provide for a referendum; and for other purposes.
HB 228. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Atkinson County, known as the fee system; and for other purposes.
WEDNESDAY, JANUARY 26, 1966
427
HB 229. By Mr. Lambros of the 130th:
A Bill to be entitled an Act to amend Code Section 26-5101 relating to carrying concealed weapons, so as to include among weapons enum erated in said section razors, and ice picks and similar devices having sharp points; and for other purposes.
HB 230. By Mr. Byrd of the 28th:
A Bill to be entitled an Act to amend an Act relating to incorporating The City of Monroe in Walton County and define its limits, so as to provide that the mayor and council shall be elected by a majority vote; and for other purposes.
HB 231. By Messrs. Mitchell and Smith of the 3rd, Ware of the 42nd and Steis of the 100th:
A Bill to be entitled an Act to implement the provisions of an amend ment to the Constitution ratified in 1964, so as to authorize the govern ing authority of every county in this State to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place of business in the unincorporated area of the county; and for other purposes.
HB 232. By Mr. Watkins of the 9th:
A Bill to be entitled an Act to amend an Act relating to the require ment of a premarital examination for syphilis prior to the issuing of a marriage license, so as to repeal said law and all amendments thereto in its entirety; and for other purposes.
HB 233. By Mr. Watkins of the 9th:
A Bill to be entitled an Act to amend Code Chapter 84-9 relating to the creation of the State Board of Medical Examiners, so as to pro vide persons wishing to obtain a license to practice medicine shall fur nish satisfactory evidence of having completed one year of training as an intern in a hospital in good standing with the State Board of Medical Examiners; and for other purposes.
HB 234. By Messrs. Etheridge of the 123rd and Townsend of the 140th:
A Bill to be entitled an Act to amend Code Chapter 74-1 relating to the relationship of parent to child, so as to provide for the visitation rights of grandparents under certain conditions; and for other pur poses.
HB 235. By Mr. Dorminy of the 72nd:
A Bill to be entitled an Act to provide that the Clerk of the Superior Court of Ben Hill County shall be placed on a salary basis in lieu of a fee basis; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 236. By Messrs. Carr and Rowland of the 48th:
A Bill to be entitled an Act to amend an Act incorporating the City of Sandersville, so as to require public notice of a hearing on any new zoning ordinance or change in any existing zoning ordinance of the City of Sandersville; and for other purposes.
HR 120-236. By Mr. Minge of the 13th:
A Resolution authorizing and directing the State Library to furnish certain volumes of the Georgia Reports and the Georgia Court of Ap peals Reports and volumes of the Georgia Laws to the Judge of the Superior Court of the Rome Judicial Circuit; and for other purposes.
HR 121-236. By Mr. Minge of the 13th:
A Resolution authorizing the State Library to furnish the governing authority of Floyd County with a complete set of the Georgia Laws; and for other purposes.
HR 122-236. By Mr. Alexander of the 133rd:
A Resolution proposing an amendment to the Constitution so as to add five members to the State Board of Education; and for other pur poses.
HR 123-236. By Mr. Smith of the 54th:
A Resolution authorizing the conveyance of a certain tract of land in Emanuel County; and for other purposes.
HB 237. By Messrs. Clarke of the 45th, McDaniell of the 101st, Tucker of the 36th, Doster of the 73rd, Dailey of the 66th, Spikes of the 42nd, Spillers of the 37th, Blalock of the 33rd and NeSmith of the 43rd:
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.
HB 238. By Mr. Black of the 56th:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Stewart County, known as the fee system; and for other purposes.
HB 239. By Messrs. NeSmith of the 43rd and Howard of the 101st:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm, corporation or association to issue or distribute stamps or other similar devices for the sale of merchandise; and for other purposes.
WEDNESDAY, JANUARY 26, 1966
429
HE 124-239. By Mr. Underwood of the 61st:
A Resolution authorizing the Governor to execute a permanent ease ment on behalf of the State of Georgia over certain property located in Little Ocmulgee State Park to the Commissioners of Roads and Revenues of Wheeler County, to be used in connection with the TelfairWheeler Airport; and for other purposes.
HR 125-239. By Messrs. Newton and Matthews of the 94th: A Resolution compensating R. L. Millings; and for other purposes.
HR 126-239. By Messrs. Newton and Matthews of the 94th:
A Resolution compensating Mr. F. M. Kenney; and for other purposes.
HB 240. By Mr. Black of the 56th:
A Bill to be entitled an Act to authorize the governing authority of Chattahoochee County to assess and collect license fees and taxes against different classes of businesses in the interest and welfare of the citizens of Chattahoochee County; to prescribe rules and regula tions concerning the same in any area of said County outside the in corporated limits of any municipality located therein; and for other purposes.
HB 241. By Mr. Melton of the 34th:
A Bill to be entitled an Act to amend an Act creating the Georgia Educational Improvement Council, so as to provide for the payment of per diem and reimbursement of expenses of the Chairman of the State Board of Education and the Chairman of the State Board of Regents when in attendance at meetings or functions of the Council; and for other purposes.
HB 242. By Messrs. Lane of the 64th, Parker of the 55th, Overby of the 16th, Smith of the 3rd, Newton of the 50th, Nessmith of the 64th, Matthews and Newton of the 94th, Williams of the 16th and others:
A Bill to be entitled an Act to create and establish the office of Senior Superior Court Reporter; and for other purposes.
HB 243. By Mr. Hull of the 104th:
A Bill to be entitled an Act to revise comprehensively the laws relating to subpoenas and other like processes; and for other purposes.
HB 244. By Mr. Hull of the 104th:
A Bill to be entitled an Act to amend the Appellate Procedure Act of 1965, so as to redefine the rules relating to the necessity of filing
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JOURNAL OF THE HOUSE,
motions for new trial and judgment notwithstanding the verdict; and for other purposes.
HB 245. By Messrs. Bagby of the 21st, Brown of the 120th, Rowland of the 48th, Houston of the 84th, Steis of the 100th and others:
A Bill to be entitled an Act to amend Code Title 114, relating to Work men's Compensation; and for other purposes.
HB 246. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend an Act known as the "State School Building Authority Act", so as to provide compensation for certain members of the State School Building Authority; and for other purposes.
HB 247. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide for the issuance of honorary drivers' licenses without cost to certain veterans of this State or certain serv icemen of this State; and for other purposes.
HR 128-247. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated May 31, 1965, suspending the collection of certain income tax for persons serving in Viet Nam; and for other purposes.
HB 248. By Mr. Fleming of the 106th:
A Bill to be entitled an Act to provide that any contract made and entered into by any department or agency of State Government for the construction or repair of buildings or other facilities shall contain certain representations and specifications relating to the payment of prevailing minimum wages to all persons employed by the contractor; and for other purposes.
HB 249. By Mr. Brown of the 19th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Bridges and a Board of Finance for Hart County, so as to remove the provision limiting the cost of the prepara tion and publication of an itemized list of expenditures of Hart County in the official organ of said county; and for other purposes.
WEDNESDAY, JANUARY 26, 1966
431
HB 250. By Mr. Brown of the 19th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court and the Ordinary of Hart County, known as the fee system; and for other purposes.
HB 251. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend an Act known as the "State Hos pital Authority Act", so as to increase the amount of bonds which the State Hospital Authority may issue; and for other purposes.
HB 252. By Messrs. Rowland of the 48th, Fulford of the 67th, Dailey of the 66th, Overby of the 16th and others:
A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act," so as to change the salary of each member of the State Board of Probation; and for other purposes.
HB 253. By Messrs. Carnes of the 129th, Hood of the 124th, Dillon of the 128th, Adams of the 125th, Lambros of the 130th and others:
A Bill to be entitled an Act to provide that it shall be unlawful for any person during certain hours to loiter or prowl around certaining dwelling structures; and for other purposes.
HB 254. By Messrs. Story and Watson of the 22nd, Williams of the 16th, John son of the 40th, McDaniell of the 101st, Lane of the 64th, and Mauldin of the 18th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that motor vehicles upon the highways of this State shall display lighted lamps while it is raining; and for other purposes.
HB 255. By Messrs. Lowrey of the 13th, Lewis of the 50th, Brackin of the 87th, Matthews of the 94th, Rush of the 75th and Wells of the 30th:
A Bill to be entitled an Act to create within the Department of Agricul ture of the State of Georgia a division to be known as the State Insti tutional Farms Division; and for other purposes.
HR 136-255. By Mr. Leonard of the 3rd:
A Resolution authorizing the exchange and conveyance of certain property rights in real property located in Murray County, by and between the State of Georgia and The Cohutta Talc Company, a Geor gia Corporation; and for other purposes.
432
JOURNAL OF THE HOUSE,
HR 137-255. By Messrs. Cox of the 127th, Adams of the 125th, Carnes of the 129th, Dillon of the 128th, Hood of the 124th, Lea of the 126th, and others.
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the granting of State funds to public corporations or authorities created for the purpose of constructing, maintaining and operating mass transporta tion facilities of passengers for hire; and for other purposes.
HB 256. By Messrs. Bryant of the 108th, Jones, Knapp, Stewart and Wilson of the 109th:
A Bill to be entitled an Act to amend an Act reenacting the charter of the City of Macon, so as to provide that the method and procedure for the condemnation of property for the widening and changing of streets and the opening of new streets and alleys shall be any method and procedure now or hereafter authorized by the laws of Georgia; and for other purposes.
HB 257. By Messrs. Williams of the 16th, Bryant of the 108th and Knapp of the 109th:
A Bill to be entitled an Act to amend an Act creating a State Board of Registration for used car dealers, so as to change the membership of said Board and the appointments thereto; and for other purposes.
HB 258. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend Code Section 30-127, relating to the custody of children in connection with the granting of divorces, so as to provide that in all divorce cases and in cases where a change of custody is sought, where the child has reached the age of 14 years, said child shall have the right to testify as to which parent with whom said child desires to live and the reason for such desire; and for other purposes.
HB 259. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend Code Section 30-102, relating to the grounds for the granting of a total divorce, so as to provide that incurable insanity is grounds for divorce; and for other purposes.
HB 260. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend Code Section 30-109, relating to condonation, collusion, consent to conduct, and both parties guilty of like conduct, as a bar to divorce, so as to provide that in all divorce cases like conduct shall not be a bar to the granting of a divorce but may be considered by the jury as to whether a divorce may be denied; and for other purposes.
WEDNESDAY, JANUARY 26, 1966
433
HB 261. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend Chapter 81-2, relating to process and service, so as to add thereto a mode of service by publication in the county of the plaintiff's residence in cases wherein the residence of the defendant has been unknown for a period of 2 years by creating a presumption that he is a non-resident of the State and serving him as a non-resident; and for other purposes.
HB 262. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend Code Section 30-105, relating to petition, process and rules of pleadings in divorce cases, so as to provide the information that must be contained in the petition; and for other purposes.
HB 263. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend Code Chapter 30-2, relating to alimony, so as to provide that a grant of attorney's fees at anytime during the pendency of a divorce action or alimony shall be a final judgment as to the amount granted, whether the grant be in full or on account, to the extent that the judgment may be enforced by attach ment for contempt or writ of fieri facias, whether the parties subse quently reconcile or not; and for other purposes.
HB 264. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend Code Section 30-202, relating to proceedings to obtain temporary alimony, whenever an action for divorce by either party or suit for permanent alimony by the wife shall be pending, so as to provide that in all such cases when an application for temporary alimony shall be made, in which the wife shall state in her petition that either she or the minor children or child of the parties or both, are wholly dependent on the husband or father for support, the presiding judge shall set the application for hearing not less than three nor more than 30 days from the date the same is pre sented to him; and for other purposes.
SB 5. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act known as the "Municipal Home Rule Act of 1965", so as to change and clarify the provisions relating to the calling of referendum elections; and for other purposes.
SB 14. By Senator Sanders of the 41st:
A Bill to be entitled an Act to provide that any person who is 18 years of age or older and who is married may bind himself by contract as though said person were 21 years of age or older, and said contract shall be enforceable as though said person were 21 years of age or older; and for other purposes.
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SB 26. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th, and others:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide that the Director of Public Safety shall automatically revoke the driver's license of any person convicted of the theft of a motor vehicle or any part thereof; and for other purposes.
SB 27. By Senators Broun of the 46th, Kilpatrick of the 44th, Searcy of the 2nd and others:
A Bill to be entitled an Act to amend Code Section 68-9916 relating to the unlawful sale or possession of certain vehicles from which identify ing numbers have been removed or otherwise altered for the purpose of concealing or misrepresenting the identity of such vehicles so as to change the penalty for any such violation; and for other purposes.
Mr. Lee of the 35th District, Chairman of the Committee on Industrial Re lations submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations 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 39. Do Pass. HB 41. Do Pass. HB 137. Do Pass.
Respectfully submitted, Lee of 35th, Chairman.
Mr. Brinkley of the 112th District, 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 132. Do Pass as Amended. HB 210. Do Pass. HB 227. Do Pass. HB 228. Do Pass.
WEDNESDAY, JANUARY 26, 1966
435
HB 230. Do Pass. HB 235. Do Pass. HB 238. Do Pass. HB 249. Do Pass. HB 250. Do Pass. HB 256. Do Pass. HB 188. Do Pass. HE 113-196. Do Pass as Amended. HE 114-196. Do Pass as Amended.
Eespectfully submitted, Brinkley of 112th, Chairman.
Mr. Smith of the 3rd District, 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 52. Do Pass. HB 203. Do Pass. HB 233. Do Pass. HB 60. Do Pass as Amended. HB 219. Do Pass.
Eespectfully submitted, Smith of 3rd, Chairman.
Mr. Williams of the 16th District, 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 197. Do Pass.
436
JOURNAL OF THE HOUSE,
HB 254. Do Pass. HB 192. Do Pass as Amended.
Respectfully submitted, Williams of 16th, Chairman.
Mr. Harris of the 118th District, 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 155. Do Pass. HR 32-48. Do Pass, By Committee Substitute. HB 24. Do Not Pass. HB 33. Do Pass. HB 82. Do Pass, By Committee Substitute. HR 30-44. Do Pass. HR 31-44. Do Pass.
Respectfully submitted, Harris of 118th, Chairman.
Mr. Daugherty of the 134th presented the Committee of Peace Chorus of Archer High School, Atlanta, Georgia, who ably rendered several selections.
Mr. Thompson presented Mrs. Carl Sanders, wife of the Governor, who dis played some of her works of art to the members of the House.
By unanimous consent, the following Bills and Resolutions of the Senate were read and referred to the Committees:
SB 1. By Senator Webb of the llth:
A Bill to provide that the holding, owning, having in possession of or paying the tax for a wagering occupational tax stamp, or for paying
WEDNESDAY, JANUARY 26, 1966
437
the special tax on certain coin-operated devices issued by the Internal Revenue Authorities of the United States shall be held in all the courts of this State as prima facie evidence against the person holding such stamp in any prosecution of such person for violating of the gambling laws of this State; and for other purposes.
Referred to the Committee on Judiciary.
SB 3. By Senator Smalley of the 28th:
A Bill to create the Superior Court Judges and Solicitors General and Judges and Solicitors of Inferior Courts Retirement Fund; and for other purposes.
Referred to the Committee on Judiciary.
SR 11. By Senators Johnson of the 42nd and Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to de clare public transportation of passengers for hire to be an essential governmental function and a public purpose for which the power of taxation of this State may be exercised and its public funds expended; and for other purposes.
Referred to the Committee on Special Judiciary.
SR 15. By Senators Gillis of the 20th, Rowan of the 8th, Pennington of the 45th, Gayner of the 5th, Edenfield of the 4th, Padgett of the 23rd and McGill of the 24th:
A Resolution proposing an amendment to the Constitutiton so as to authorize the General Assembly to provide by law for the establishment of a uniform method of assessment of farm and forest lands which shall be based upon the capability of such land to produce farm and forest crops; and for other purposes.
Referred to the Committee on Ways and Means.
SB 36. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to report or communicate by any device or means the presence or existence of any explosive device or mechanism or its supposed loca tion when such person knows or has reasonable cause to know that such information is false, untrue, or misleading; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the House reconsidered its action in failing to give the requisite constitutional majority to the following Bill of the House:
438
JOURNAL OF THE HOUSE,
HB 104. By Messrs. Levitas of the 118th, Etheridge of the 123rd and McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act relating to the chartering of corporations, relating to classes of stock and stockholders; to elimi nate the requirement that no shares of stock shall be convertible into shares of another certain class; to authorize the creation and issuance of rights or options entitling the holders thereof to purchase from the corporation any shares of its capital stock of any class, and for other purposes.
By unanimous consent, the above captioned HB 104 was recommitted to the Committee on Special Judiciary.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and recommitted to the Committee on Special Judici ary.
HB 242. By Messrs. Lane of the 64th, Parker of the 55th and others:
A Bill to be entitled an Act to create and establish the office of Senior Superior Court Reporter; and for other purposes.
Mr. Conner of the 91st presented the Mothers Three, who sang several favorite selections for the members of the House.
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 25. By Mr. Pickard of the 112th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to change the provisions relating to the cost for blood alcohol tests to determine whether or not a person was operating a motor vehicle while under the influence of intoxicating liquor; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
WEDNESDAY, JANUARY 26, 1966
439
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Bean Bedgood Black Blalock Bo wen Brackin Brantley Brinkley Brown, B. D. Brown, C. Bryant Byrd Caldwell Carley Carnes Carr Collins, M. Conger Cox Crowe Dailey Daugherty Davis Dean DeLong Dillon Dixon Dollar Doster Drew Duncan Egan Elliott Etheridge Even sen Farrar Gaissert Gary Gaynor Gignilliat
Grier Had away Hamilton Harrell Harris, J. F. Hawkins Herndon Higginbotham Hill Holder Hood Howell Hutchinson Irvin Johnson, A. S. Dr. Jones, G. Paul Jones, M. Kiley Knapp Lambert Lambros Lee, W. J. (Bill) Leonard Levitas Longino Lovell Lovett Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey MeCracken McDaniell Melton Merritt Minge Mitchell Mixon Murphy Nessmith, P. Newton, A. S.
Newton, D. L. Oglesby Otwell Overby Parker Phillips Pickard Powers Rainey Reaves Reid Richardson Rowland Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, W. L. Snellings Snow Spillers Starnes Steis Stewart Stovall Taylor Thompson, A. W. Thompson, R. Tye Underwood Vaughn, C. R. Walling Watson Webb Westlake Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.: Lee, W. S., Odom, Sweat and Thomas.
Those not voting were Messrs.:
Anderson Bagby Barber
Barfield Bennett Berry
Blair Brown, M. P. Busbee
440
Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Conner Cook Diekinson Dorminy Fleming Floyd Fulford Funk Grahl Hale Harrington Harris, J. R. Harris, R. W. Harrison
JOURNAL OF THE HOUSE,
Henderson Houston Howard Hull Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Knight Land Lane Lea, F. R. Lewis, P. B. Maddox Moore, Don C. Moore, J. H. NeSmith, J. D. Pafford Palmer Paris
Parrish Peterson Roach Ross Rush Smith, V. T. Spikes Stalnaker Story Sullivan Townsend Tucker Vaughan, D. N. Ware Watkins Wells Wiggins Williams, G. J. Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 131, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
HB 14. By Mr. Westlake of the 119th:
A Bill to be entitled an Act to amend Code Section 56-805a, relating to the examination of applicants for certain licenses issued by the Insurance Commissioner, so as to allow certain applicants who have completed certain examinations to receive such licenses without the necessity of taking certain written examinations; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Alien Anderson Barfield Bean
Bedgood Bennett Blair Brackin Brinkley Brown, B. D.
Brown, C. Bryant Byrd Caldwell Carley Carnes
WEDNESDAY, JANUARY 26, 1966
441
Carr Gates Conger Cox Dailey Daugherty Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Drew Duncan Elliott Etheridge Evensen Parrar Fulford Punk Gaissert Gaynor Gignilliat Grier Hadaway Hamilton Harris, J. R. Harris, R. W. Harrison Hawkins Higginbotham Holder Hood Houston
Howell Hutchinson Johnson, A. S. Dr. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lambert Lambros Lea, P. R. Lee, W. S. Levitas Lewis Lovett Lowrey Maddox Marshall Matthews, C. Matthews, D. R. McClatchey McDaniell Melton Merritt Minge Mixon Murphy
Odom Oglesby Otwell Overby Pafford Palmer
Paris Powers Reid Richardson Ross Rowland Russell Savage Sherman Sims Simkins Smith, A. B. Smith, W. L. Snellings Spillers Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Tye Vaughn, C. R. Walling Watkins Watson Webb Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Bo wen Brantley Clark, J. T. Crowe Davis Gary Harris, J. F. Henderson Herndon
Hill Lee, W. J. (Bill) Longino Lovell Malone Mauldin Nessmith, P. Newton, A. S. Parker
Those not voting were Messrs.:
Abney Bagby Barber Berry
Black Blalock Brown, M. P. Busbee
Phillips Rainey Reaves Smith, J. R. Thomas Thompson, A. W. Thompson, R. Wilson, J. M.
Chandler Clarke, H. G. Collins, J. F. Collins, M.
442
Colwell Conner Cook Doster Egan Fleming Ployd Grahl Hale Harrell Harrington Howard Hull Irvin Johnson, B.
JOURNAL OP THE HOUSE,
Jordan, Ben C. Knight Land Lane Leonard McCracken Mitchell Moore, Don C. Moore, J. H. NeSmith, J. D. Newton, D. L. Parrish Peterson Pickard Roach
Rush Shields Smith, G. L. II Smith, V. T. Snow Spikes Stalnaker Townsend Tucker Underwood Vaughan, D. N. Ware Wells Williams, G. J. Mr. Speaker
On the passage of the Bill, the ayes were 121, nays 26.
The Bill, having received the requisite constitutional majority, was passed.
HB 15. By Mr. Westlake of the 119th:
A Bill to be entitled an Act to amend Code Section 56-806b, relating to the examination of certain applicants for licenses issued by the Insurance Commissioner so as to exempt applicants for certain of such licenses who have successfully completed certain of the examinations given by the Society of Chartered Property and Casualty Underwriters; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Barfield Bean Bedgood Bennett
Berry Black Blair Brackin Brinkley Brown, C. Bryant Byrd Carley
Carnes Carr Gates Conger Cox Dailey Daugherty Dean DeLong
WEDNESDAY, JANUARY 26, 1966
443
Dillon Dollar Dorminy Doster Drew Duncan Elliott Etheridge Evensen Farrar Fulford Funk Gaissert Gaynor Gignilliat Grier Hadaway Hamilton Harris, J. R. Harrison Hawkins Higginbotham Hood Houston Hutchinson Irvin Johnson, A. S. Dr. Jones, G. Paul Jones, M. Jordan, W. H. Kiley
Knapp Lambert Lambros Lea, F. R. Lee, W. S. Le vitas Lewis Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McDaniell Melton Merritt Mitchell Mixon Murphy Otwell Overby Pafford Palmer Paris Peterson Powers Reid Richardson Ross Rowland
Savage Sherman Sims Simkins Smith, A. B. Smith, W. L. Snellings Snow Spikes Starnes Steis Stewart
Story Stovall Sullivan Sweat Taylor Tucker Tye Vaughn, C. R. Walling Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Bowen Clark, J. T. Collins, J. F. Crowe Dickinson Gary Harris, J. F. Harris, R. W.
Henderson Herndon Hill Howard Lee, W. J. (Bill) Longino McCracken Minge
Those not voting were Messrs.:
Bagby Barber Blalock Brantley Brown, B. D. Brown, M. P. Busbee Caldwell
Chandler Clarke, H. G. Collins, M. Colwell Conner Cook Davis Dixon
NeSmith, J. D. Nessmith, P. Reaves Russell Smith, J. R. Thomas, G. Thompson, A. W. Wilson, J. M.
Egan Fleming Floyd Grahl Hale Harrell Harrington Holder
444
Howell Hull Johnson, B. Jones, C. M. Jordan, Ben C. Knight Land Lane Leonard Lovell Lovett McClatchey Moore, Don C.
JOURNAL OF THE HOUSE,
Moore, J. H. Newton, A. S. Newton, D. L. Odom Oglesby Parker Parrish Phillips Pickard Rainey Roach Rush Shields
Smith, G. L. II Smith, V. T. Spillers Stalnaker Thompson, R. Townsend Underwood Vaughan, D. N. Ware Wells Mr. Speaker
On the passage of the Bill, the ayes were 119, nays 24.
The Bill, having received the requisite constitutional majority, was passed.
HB 48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend an Act authorizing the State Personnel Board to provide a Health Insurance Plan for State em ployees, as amended, so as to remove the provision excluding coverage of certain dental care; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Barfield Bean Bedgood Bennett Berry Black Blair
Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley
Carnes Carr Gates Chandler Clark, J. T. Colwell Cox Crowe Dailey Daugherty DeLong Dillon
WEDNESDAY, JANUARY 26, 1966
445
Dixon Dorminy Duncan Egan Elliott Etheridge Evensen Farrar Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hamilton Harrell Harrington Harris, J. R. Harrison Hawkins Herndon Hill Hood Houston Howard Howell Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H.
Kiley Knapp Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovett Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey MeCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish
Peterson Pickard Powers Rainey Reid Richardson Rowland Russell Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, W. L. Snellings Spikes Spillers Starnes Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Vaughan, D. N. Vaughn, C. R. Walling Webb Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bagby Barber Bowen Clarke, H. G. Collins, J. F. Collins, M. Conger Conner Cook Davis Dean Dickinson Dollar Doster
Drew Fleming Grahl Hale Harris, J. F. Harris, R. W. Henderson Higginbotham Holder Hull Irvin Knight Land Leonard
Le vitas Lovell Maddox Mitchell NeSmith, J. D. Nessmith, P. Newton, D. L. Phillips Reaves Roach Ross Rush Smith, A. B. Smith, J. R.
446
Smith, V. T. Snow Stalnaker Steis Townsend Tye
JOURNAL OF THE HOUSE,
Underwood Ware Watkins Watson Wells Westlake
Wiggins Williams, G. J. Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HE 28-44. By Mr. Carley of the 117th:
A RESOLUTION
Proposing an amendment to Article VI, Section XI, Paragraph 1 of the Constitution of Georgia, relating to the office and election of solicitors general, so as to provide that each solicitor general shall be elected only by the electors of the circuit for which such solicitor general shall serve; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VI, Section XI, Paragraph I of the Constitution of Georgia, relating to the office and election of solicitors general, is hereby amended by striking from said Paragraph the words "whole state", and inserting in lieu thereof the words "circuit wherein the solicitor general is to serve, who are", so that when so amended, Article VI, Section XI, Paragraph I shall read as follows:
"Paragraph I. Number; term of office; vacancies. There shall be a solicitor general for each judicial circuit, whose official term (except to fill a vacancy) shall be four years. The successors of present and subsequent incumbents shall be elected by the electors of the circuit wherein the solicitor general is to serve, who are qualified to vote for members of the General Assembly, at the general election hied next preceding the expiration of their respec tive terms. Every vacancy occasioned by death, resignation, or other cause shall be filled by appointment of the Governor, until the first day of January after the general election held next after the ex piration of 30 days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected."
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
WEDNESDAY, JANUARY 26, 1966
447
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 provide that solicitors general shall be elected only by the
NO ( ) electors residing in the circuit in which the solici tor general is to serve?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The 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.:
Adams Alexander Alien Anderson Barfield Bean Bedgood Bennett Berry Black Blair Blalock Bowen, R. L. Brackin Brantley Brinkley
Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Caldwell Carley Games Carr Gates Chandler Clark, J. T. Collins, J. F. Collins, M. Conger Cox
Crowe Dailey Daugherty Davis Dean DeLong Dillon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge Evensen
448
JOURNAL OF THE HOUSE,
Farrar Fleming Floyd Fulford Gaissert Gary Gaynor Gignilliat Grier Hadaway Harrell Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Higginbotham Hill Hood Houston Howard Howell Hull Hutchinson Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambert Lambros Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Levitas Longino Lovell Lovett Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, D. L. Odom Oglesby Otwell Overby Pafford Paris Phillips Pickard Powers Reaves Reid Richardson Ross Rowland Russell Savage Sherman
Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, W. L. Snellings Spillers Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.
Abney
Dixon
Parrish
Those not voting were Messrs.:
Bagby Barber Busbee Clarke, H. G. Colwell Conner Cook Dickinson
Funk Grahl Hale Hamilton Harrington Henderson Herndon Holder
Irvin Johnson, B. Land Lane Leonard Lewis Maddox McDaniell
WEDNESDAY, JANUARY 26, 1966
449
Merritt Mitchell Moore, J. H. Nessmith, P. Newton, A. S. Palmer Parker
Peterson Rainey Roach Rush Smith, V. T. Snow Spikes
Stalnaker Underwood Ware Watkins Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 3.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 29-44 By Mr. Carley of the 117th.
A RESOLUTION
Proposing an amendment to Article VI, Section III, Paragraph II of the Constitution of Georgia, relating to the office and election of superior court judges, so as to provide that each superior court judge shall be elected only by the electors of the circuit for which such superior court judge shall serve; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VI, Section III, Paragraph II of the Constitution of Georgia, relating to the office and election of superior court judges, is hereby amended by striking from said Paragraph the words "whole state", and inserting in lieu thereof the words "circuit wherein the superior court judge is to serve, who are", so that when so amended, Article VI, Section III, Paragraph II shall read as follows:
Paragraph II. Elections, when to be held. The successors to the present and subsequent incumbents shall be elected by the electors of the circuit wherein the superior court judge is to serve, who are entitled to vote for members of the General Assembly, at the general election held for such members, next preceding the expiration of their respective terms.
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
450
JOURNAL OF THE HOUSE,
XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to pro vide that superior court judges shall be elected only by the electors residing in the circuit in
NO ( ) which the superior court judge is to serve ?"
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 ceritfy 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.:
Adams Alexander Alien Anderson Barber
Barfield Bean Bedgood Bennett
Berry Black Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant
Busbee Byrd Caldwell Carley Carnes
Carr Gates Clark, J. T. Collins, C.
Colwell Cox Crowe Dailey Daugherty Davis DeLong Dickinson Dillon Drew Duncan
Egan Elliott Etheridge Evensen Farrar
Fleming Floyd Fulford Funk
Gaissert Gary Gaynor Gignilliat Grier Hadaway Harrell Harrington Harris, J. F. Harris, J. R. Harrison
WEDNESDAY, JANUARY 26, 1966
451
Hawkins Henderson Herndon Higginbotham Hill Hood Houston Howard Howell Hull Hutchinson Johnson, A. S. Dr. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Lovett Lowrey Malone Marshall
Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Paris Parker Phillips Pickard Powers Reaves Reid Richardson Rowland Russell Savage Sherman Shields Sims
Simkins Smith, A. B. Smith, J. R. Smith, W. L. Snellings Snow Spillers Starnes Steis Stewart Story Stovall Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.
Abney
Dixon
Those not voting were Messrs.:
Bagby Bowen Chandler Clarke, H. G. Collins, J. P. Conger Conner Cook Dean Dollar Dorminy
Doster Grahl Hale Hamilton Harris, R. W. Holder Irvin Jones, C. M. Lane Leonard Maddox
McDaniell Mitchell Nessmith, P. Palmer Parrish Peterson Rainey Roach Ross Rush Smith, G. L. II
452
Smith, V. T. Spikes Stalnaker
JOURNAL OF THE HOUSE,
Taylor Underwood Ware
Watkins Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 160 nays 2.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Mr. Melton of the 34th arose to a point of personal privilege and addressed the House.
Mr. Melton of the 34th asked unanimous consent that his notice of motion to disagree with the adverse report of the Committee be withdrawn on the following Bill of the House:
HB 34. By Messrs. Melton and Gaissert of the 34th: A Bill to be entitled an Act to provide that it shall be unlawful for a person to incite or encourage demonstrations in which the total number of demonstrators shall exceed the total number of law enforcement officers in a municipality or exceed one-fourth of the total strength of the Georgia State Patrol in unincorporated areas; and for other purposes.
Unanimous consent was granted and the notice of motion to disagree with the report of the Committee was withdrawn.
The Speaker announced the House recessed until 2:00 o'clock, P.M.
AFTERNOON SESSION
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 140. By Mr. Murphy of the 26th: A Bill to be entitled an Act to amend Section 105-2012 of the Code of Georgia of 1933, which section provides for the right of contribution among several trespassers so as to provide for the right of contribution where the several trespassers are not jointly sued; and for other pur poses.
WEDNESDAY, JANUARY 26, 1966
453
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Bagby Bean Bedgood Berry Black Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Carley Carr Gates Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Crowe Dailey Davis Dean DeLong Dixon Dollar Doster Drew Duncan Elliott Evensen Fleming Fulford Gaissert Gaynor Gignilliat
Grahl Grier Hadaway Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Hill Hood Houston Howard Howell Hull Johnson, A. S. Dr. Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambert Lambros Land Lea, F. R. Lee, W. S. Leonard Le vitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell
Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Pickard Powers Reaves Reid Richardson Rowland Russell Savage Sherman Sims Simkins Smith, A. B. Smith, G. L. II Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Taylor Thomas
454
Thompson, R. Tucker Tye Underwood Vaughan, D. N.
JOURNAL OP THE HOUSE,
Vaughn, C. R. Watson Webb Wells Williams, G. J.
Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Barber Barfield Bennett Blair Bowen Busbee Caldwell Carnes Chandler Conner Cook
Cox
Daugherty Dickinson Dillon Dorminy Egan Etheridge Farrar
Floyd Funk Gary Hale Hamilton Harrell Harris, R. W. Higginbotham Holder Hutchinson Irvin Johnson, B. Jones, G. Paul Lane Lee, W. J. (Bill) Marshall Melton Mitchell Newton, D. L. Odom
Oglesby Phillips Rainey Roach Ross Rush Shields Smith, J. R. Smith, V. T. Sweat Thompson, A. W. Townsend Walling Ware Watkins Westlake Wiggins Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 145, 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 for consideration:
HB 76. By Messrs. Harris of the 118th, Smith of the 90th, Busbee of the 79th and Hale of the 1st:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities of this State for the purpose of aiding in the construction and maintenance of streets, so as to provide for the submission of an annual audit from each such municipality to the State Auditor; and for other purposes.
The following amendment was read and adopted:
Mr. Harris of the 118th moves to amend HB 76 by striking from the end of the next to the last sentence of Section 1 the words
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455
"until an audit has been made and submitted to the State Auditor"
and inserting in lieu thereof the following:
"until either (a) an audit has been made and submitted to the State Auditor or (b) the Mayor or Clerk shall have submitted a statement under oath to the State Auditor stating (1) that the municipality does not now have a regular annual audit, (2) that the funds received under this Act have been deposited in and disbursed from a separate account, and (3) that the funds have been expended for the purposes authorized by this Act."
The following amendment was read and adopted:
Mr. Brantley of the 63rd moves to amend HB 76 at the end of (Section 1; Upon the passage of this Act, a copy of this Bill shall be mailed to every mayor in each of the municipalities affected.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Barber Bean Bedgood Berry Blair Blalock Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Carley Carnes Carr Gates Conger Conner
Cox Crowe Dailey Daugherty Davis Dean Dillon Dixon Dollar Drew Duncan Egan Elliott Etheridge Evensen Gaissert Gary Gaynor Gignilliat Grier Hale
Hamilton Harrell Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Hill Hood Houston Howell Hull Hutchinson Irvin Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Lambert
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JOURNAL OF THE HOUSE,
Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Longino Lovell Lovett Lowrey Maddox Malone Marshall Mathews, C. Mauldin McClatchey McDaniell Merritt Minge Mitchell
Moore, J. H. Odom Oglesby Overby Palmer Peterson Pickard Powers Reid Richardson Rowland Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, W. L. Snellings Spikes
Spillers Starnes Steis Stewart Story Sweat Thompson, A. W. Townsend Tucker Tye Underwood Vaughn, C. R. Walling Watson Wells Wiggins Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Alien Anderson Bagby Barfield Bennett Black Bowen Brackin Brantley Brown, M. P. Clark, J. T. Collins, J. F. Collins, M. Colwell Dickinson Dorminy Doster Floyd Fulford Grahl
Hadaway Harris, J. F. Herndon Holder Johnson, A. S. Dr. Johnson, B. Jordan, W. H. Knight Land Lane Lewis Matthews, D. R. McCracken Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L.
Otwell Pafford Paris Parker Parrish Rainey Reaves Russell Savage Smith, J. R. Stalnaker Stovall Sullivan Taylor Thomas Thompson, R. Vaughan, D. N. Webb Westlake Williams, G. J.
Those not voting were Messrs.:
Caldwell Chandler Clarke, H. G. Cook DeLong Farrar Fleming
Funk Harrington Higginbotham Howard Melton Phillips Roach
Ross Rush Smith, V. T. Snow Ware Watkins Mr. Speaker
WEDNESDAY, JANUARY 26, 1966
457
On the passage of the Bill, as amended, the ayes were 123, nays 60.
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 taken up for consideration and read the third time:
HB 77. By Messrs. Harris of the 118th, Smith of the 90th, Busbee of the 79th and Hale of the 1st:
A Bill to be entitled an Act to amend Code Section 92-1404, relating to the distribution of funds to counties for the construction and maintenance of public roads, so as to provide for the submission of an annual audit from each county to the State Auditor; and for other purposes.
An amendment to HB 77 was offered by Mr. McCrackin of the 49th and the amendment was lost.
The following amendment was read and adopted:
Mr. Brantley of the 63rd moves to amend HB 77 by inserting at the end of Section 1; Upon the passage of this Act, a copy of this Bill shall be mailed to every County Commission Chairman or Clerk of Commissioners 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Barber Bean Bedgood Berry Blair
Blalock Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Carnes
Gates Conger Conner Cox Crowe Dailey Daugherty Davis
458
Dean DeLong Dillon Dixon Dollar Drew Duncan Egan Elliott Etheridge Fleming Fulford Gaissert Gary Gaynor Gignilliat Grier Hale Hamilton Harrell Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Hill Hood Houston Howard Howell Hull Hutchinson Irvin Jones, C. M.
JOURNAL OP THE HOUSE,
Jones, G. Paul Jones, M. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Longino Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin McClatchey McDaniell Merritt Minge Moore, J. H. Odom Oglesby Otwell Overby Palmer Parrish Pickard Powers Reid Richardson Sherman Shields
Sims Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Stewart Story Sweat Thompson, A. W. Townsend Tucker Tye Underwood Vaughn, C. R. Walling Ware Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Alien Anderson Bagby Barfield Black Bowen Brackin Brantley Brown, M. P. Clark, J. T. Collins, J. F. Collins, M. Colwell Dorminy Doster Floyd Grahl
Hadaway Herndon Higginbotham Holder Jordan, W. H. Lane Leonard Lewis Lovell Matthews, D. R. McCracken Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S.
Pafford Paris Parker Eeaves Rowland Russell Savage Smith, J. R. Stalnaker Stovall Sullivan Taylor Thomas Thompson, R. Webb
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459
Those not voting were Messrs.:
Bennett Caldwell Carley Carr Chandler Clarke, H. G. Cook Dickinson Evensen Farrar Funk
Harrington Harris, J. F. Johnson, Dr. A. S. Johnson, B. Jordan, Ben C. Knight Land Levitas Melton Mitchell Newton, D. L.
Peterson Phillips Rainey Roach Ross Rush Vaughan, D. N. Westlake Mr. Speaker
On the passage of the Bill, as amended the ayes were 124, nays 49.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 83. By Mr. Alexander of the 133rd:
A Bill to be entitled an Act to provide that certain persons accused of crimes, with their consent, be put on probation after the finding but before an adjudication of their guilt; and for other purposes.
Mr. Jones of the 109th moved that HB 83 and all amendment thereto be recommitted to the Committee on Judiciary.
On the motion to recommit, the roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Anderson Barfield Bean Black Blair Bowen Brackin Brantley Bryant Carley Carr Gates
Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Dailey DeLong Dickinson Dollar Dorminy Drew Elliott Fleming
Gaissert Hadaway Harrell Harris, R. W. Harrison Herndon Higginbotham Holder Houston Howell Hull Hutchinson Johnson, Dr. A. S.
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Jones, G. Paul Knapp Knight Land Lane Lewis Longino Lovett Lowrey Maddox Malone Matthews, D. R. McCracken Melton Minge Moore, Don C.
Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Parrish Rainey Reaves Richardson Rowland Sherman Simkins Smith, A. B.
Smith, J. R. Snellings Spillers Starnes Stewart Story Stovall Sweat Taylor Tucker Watkins Watson Webb Westlake Wilson
Those voting in the negative were Messrs.:
Abney Adams Alexander Bagby Barber Bedgood Berry Blalock Brinkley Brown, B. D. Brown, C. Brown, M. P. Busbee Byrd Caldwell Carnes Cook Cox Crowe Daugherty Davis Dean Dillon Dixon Doster Duncan Egan Etheridge Floyd Fulford Gary Gaynor
Gignilliat Grahl Grier Hale Hamilton Harris, J. F. Hawkins Henderson Hood Howard Irvin Jones, C. M. Jones, M. Jordan, W. H. Kiley Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lovell Marshall Matthews, C. Mauldin McClatchey Merritt Mitchell Mixon Murphy Odom
Pafford Palmer Paris Peterson Pickard Powers Reid Russell Shields Sims Smith, V. T. Smith, W. L. Snow Spikes Stalnaker Steis Thomas Thompson, A. W. Thompson, R. Townsend Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wood
Those not voting were Messrs.:
Bennett Chandler
Clarke, H. G. Conner
Evensen Farrar
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461
Funk Harrington Harris, J. R. Hill Johnson, B. Jordan, Ben C.
McDaniell Parker Phillips Roach Ross Rush
Savage Smith, G. L. II Sullivan Ware Mr. Speaker
On the motion to recommit, the ayes were 86, nays 95.
The motion was lost.
The following Committee amendment was read and adopted:
Committee on Judicary moves to amend HB 83 as follows:
By inserting between the words "any" and "purpose" as they appear in Section 2 the word "criminal", and by striking the phrase, "civil or criminal" and substituting in lieu thereof the phrase:
", shall not affect any civil right or liberties," so that when so amended Section 2 shall read as follows:
"Section 2. Upon fulfillment of the terms of probation the defendant shall be discharged without court adjudication of guilt. Such discharge shall completely exonerate the defendant for any criminal purpose, shall not affect any civil right or liberties, and he shall not be considered to have a criminal conviction."
The following amendment was read and adopted:
Mr. Underwood of the 61st moves to amend HB 83 by adding after the last sentence of Section 2 as follows:
"Should a person be placed under probation under this Act, a record of the same shall be forwarded to the office of the State Probation System."
An amendment, offered by Mr. Simkins of the 106th, was read and lost.
The following amendment was read and adopted:
Mr. Levitas of the 118th moves to amend HB 83 by adding to Section 1 the following sentence:
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"No person may avail himself of the provisions of this Act on more than one occasion."
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 Adams Alexander Bagby Barber Barfield Bedgood Bennett Berry Blair Blalock Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Gates Clark, J. T. Colwell Cook Cox Crowe Daugherty Davis Dean Duncan Egan Elliott Etheridge Fleming Floyd Gaissert Gary Gaynor Gignilliat
Grahl Grier Hamilton Harrell Harris, J. P. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Hill Holder Hood Houston Howard Howell Hull Irvin Johnson, Dr. A. S. Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Le vitas Longino Lovell Maddox Marshall Matthews, C. McClatchey McCracken McDaniell Melton
Merritt Mitchell Murphy Newton, A. S. Pafford Palmer Paris Peterson Pickard Powers Reid Richardson Rowland Sherman Shields Sims Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Steis Stovall Taylor Thomas Thompson, A. W. Thompson, R. Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wood
WEDNESDAY, JANUARY 26, 1966
463
Those voting in the negative were Messrs.:
Anderson Bean Black Bowen Brackin Brantley Clarke, H. G. Collins, J. F. Collins, M. Conger DeLong Dickinson Dixon Dorminy Doster Harrington Herndon Higginbotham Hutchinson
Jones, G. Paul Knight Lane Lee, W. S. Leonard Lewis Lowrey Malone Matthews, D. R. Mauldin Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, D. L. Odoni Otwell Overby
Parker Parrish Rainey Reaves Russell Savage Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Starnes Stewart Story Sweat Tucker Watson Webb Westlake Wilson, R. W.
Those not voting were Messrs.:
Alien Carr Chandler Conner
Fulford Funk Hadaway Hale
Dailey Dillon
Johnson, B. Lovett
Dollar Drew Evensen
Minge Oglesby Phillips
Farrar
Roach
Ross Rush Stalnaker Sullivan Townsend Ware Watkins Mr. Speaker
On the passage of the Bill, as amended, the ayes were 119, nays 57.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 6. By Messrs. Hull of the 104th, Murphy of the 26th, Conger of the 89th, Jones of the 112th and others: A Bill to be entitled an Act to comprehensively revise, supersede, and modernize pretrial, trial and certain posttrial procedures in civil cases; and for other purposes.
By unanimous consent, further action on HB 6 was postponed until tomorrow.
Mr. Paris of the 23rd moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia Thursday, January 27, 1966.
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker Pro Tern,
Prayer was offered by Rev. Tom C. Lawler, Pastor, First Baptist Church, Chamblee, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 304. By Mr. Farrar of the 118th:
A Bill to be entitled an Act to create a State Council for the Preserva tion of Natural Areas; and for other purposes.
Referred to the Committee on Natural Resources.
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465
HR 149-304. By Messrs. Farrar and Walling of the 118th:
A Resolution authorizing General Assembly to provide for indemnifying of private citizen, his spouse or child for personal injury, death or damage to property sustained in preventing commission of a crime or in assisting a peace officer in prevention of a crime or apprehension of a criminal; and for other purposes.
Referred to the Committee on Judiciary.
HR 150-304. By Mr. Mauldin of the 18th:
A Resolution authorizing the conveyance of a certain tract of land in Franklin County to Garner D. Crump; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 305. By Mr. Clark of the 2nd: A Bill to be entitled an Act to repeal an Act creating a Board of Utility Commissioners for Catoosa County, so as to provide that all vacancies on the Board of Utility Commissioners shall be filled by appointment by the governing authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 306. By Messrs. Sherman of the 105th, Fleming of the 106th, Clarke of the 45th, Knapp of the 109th, Lee of the 79th and many others: A Bill to be entitled an Act to regulate the sale of admission tickets to athletic contests other than those of colleges of the University System of Georgia, so as to provide that no ticket to athletic contests regulated by this Act shall be sold for more than $1.00; and for other purposes.
Referred to the Committee on Judiciary.
HB 307. By Messrs. Harris and Smith of the 85th: A Bill to be entitled an Act to amend Code Section 27-902, relating to amount of bail in misdemeanor cases, so as to provide that sheriffs and constables may accept cognizance bonds in certain misdemeanor cases involving military personnel; and for other purposes.
Referred to the Committee on Judiciary.
HB 308. By Mr. Moore of the 12th: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Stephens County upon an annual salary, so as to in crease the allotment of county funds for the purpose of compensating personnel within his office; and for other purposes.
Referred to the Committee on Local Affairs.
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HB 309. By Mr. Moore of the 12th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues in the County of Stephens, so as to change the terms of office of the commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 310. By Messrs. Brantley of the 63rd, Nessmith of the 64th, Smith of the 54th, Newton and Matthews of the 94th 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 relating to the participation by the State Government and local govern ments in the cost of the minimum foundation program; and for other purposes.
Referred to the Committee on State of Republic.
HB 311. By Mr. Moore of the 12th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Stephens County upon an annual salary, so as to increase the allotment to the ordinary for the purpose of compensating personnel within his office; and for other purposes.
Referred to the Committee on Local Affairs.
HB 312. By Mr. Savage of the 58th:
A Bill to be entitled an Act creating a Small Claims Court in each county having a certain population; and for other purposes.
Referred to the Committee on Local Affairs.
HB 313. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Toombs County, so as to change the maximum compensation of the clerk of the Board of Commissioners: and for other purposes.
Referred to the Committee on Local Affairs.
HR 151-313. By Mr. Collins of the 62nd: A Resolution compensating Mr. T. H. Sapp; and for other purposes.
Referred to the Committee on Appropriations.
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467
HR 152-313. By Mr. Collins of the 62nd:
A Resolution proposing an amendment to the Constitution so as to create the Toombs County Development Authority; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 314. By Messrs. Bedgood and Matthews of the 29th, Lowrey and Starnes of the 13th, Anderson of the 71st, Hadaway of the 46th and many 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 exempt therefrom certain transactions wherein personal property is furnished by certain governmental units for the purpose of installing, repairing or extending water, gas or sewage system; and for other purposes.
Referred to the Committee on Ways and Means.
HB 315. By Messrs. Conger and Dollar of the 89th:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Decatur County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 316. By Messrs. Conger and Dollar of the 89th:
A Bill to be entitled an Act to amend an Act relating to the establish ment of the City Court of Bainbridge in the county of Decatur, so as to provide that the sheriff of the City Court of Bainbridge shall receive no compensation for his services as such except which is prescribed for his duties as sheriff of Decatur County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 317. By Messrs. Conger and Dollar of the 89th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bainbridge, so as to decrease the number of aldermen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 318. By Mr. Hull of the 104th:
A Bill to be entitled an Act to amend an Act relating to incorporating the Trustees of the Masonic Hall in the City of Augusta, so as to en large the powers of the Trustees with respect to providing a Masonic
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JOURNAL OP THE HOUSE,
Hall for the use of certain Masonic institutions; and for other purposes. Referred to the Committee on Local Affairs.
HB 319. By Messrs. Lambros of the 130th and Sims of the 131st:
A Bill to be entitled an Act to provide for the issuance and use of distinctive flags or distress signals by handicapped or paraplegic drivers of motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 153-319. By Messrs. Dollar and Conger of the 89th: A Resolution authorizing the Governor to execute a permanent ease ment in behalf of the State of Georgia over certain property located in Bainbridge State Park, Decatur County, Georgia, to the United States of America, to be used in connection with the Jim Woodruff Dam and Reservoir; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 320. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th, Harris, Levitas, Walling and Farrar of the 118th, Bean, Evensen, Higginbotham and Westlake of the 119th: A Bill to be entitled an Act to fix the salary of the judge of the juvenile court in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 321. By Messrs. Chandler and Harrington of the 47th, Paris of the 23rd, Rainey of the 69th and Brown of the 19th: A Bill to be entitled an Act to amend an Act providing for payment of the cost of care of persons admitted to state institutions coming under the control of the State Board of Health or Department of Public Health, so as to delete certain definitions; and for other purposes.
Referred to the Committee on State Institutions & Property.
HR 154-321. By Mr. Maddox of the 8th: A Resolution proposing an amendment to the Constitution so as to create the Gordon County Development Authority; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 322. By Messrs. Jones of the 76th and Smith of the 114th: A Bill to be entitled an Act to amend Code Title 109A known as the "Uniform Commercial Code", so as to provide definitions for the words
THURSDAY, JANUARY 27, 1966
469
"clearing corporation" and "custodian bank"; to provide for establish ing means for accomplishing appropriate delivery, transfer and pledge of investment securities within a Central Depository System; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 323. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend Code Chapter 36-11, relating to the condemnation of property by those authorities who possess the power of eminent domain, so as to define the phrase "just and adequate compensation" as contained therein and pursuant to the Authority con tained within Article I, Section III, Paragraph I of the Constitution; and for other purposes.
Referred to the Committee on Judiciary.
HB 324. By Messrs. Newton of the 94th, Marshall of the 30th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th and Black of the 56th:
A Bill to be entitled an Act to amend an Act known as the "Structural Pest Control Act", so as to provide for the election of a Vice-Chairman from the membership of the Commission; and for other purposes.
Referred to the Committee on Agriculture.
HB 325. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th, and Black of the 56th:
A Bill to be entitled an Act to amend an Act entitled "An Act to be known as the 'Georgia Food Act,' ", so as to regulate the manufacture, sale, delivery and the holding or offering for sale of food; and for other purposes.
Referred to the Committee on Agriculture.
HB 326. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th, and Black of the 56th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Fertilizer Act of 1960", so as to provide for renewals of registration; and for other purposes.
Referred to the Committee on Agriculture.
HB 327. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th, Collins of the 88th and Reaves of the 99th:
A Bill to be entitled an Act to amend an Act relating to the regulation and sale of livestock at auctions, so as to provide that every operator of a sales establishment for the sale of livestock at auction shall main-
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tain a custodial account in a national or state chartered bank; and for other purposes.
Referred to the Committee on Agriculture.
HB 328. By Messrs. Sullivan, Barfield and Bennett of the 95th:
A Bill to be entitled an Act to place the sheriff of Lowndes County upon an annual salary; to provide for the disposition of all fees and commissions formerly allowed the sheriff as compensation; and for other purposes.
Referred to the Committee on Local Affairs.
HR 155-328. By Messrs. Lambros of the 130th, Hawkins of the 139th, Cox of the 127th, Games of the 129th, Adams of the 125th and others:
A Resolution creating an interim committee to study the problems as sociated with mental health, mental retardation, and all matters relating thereto and the facilities associated therewith in Fulton County; and for other purposes.
Referred to the Committee on Rules.
HB 329. By Mr. Ware of the 42nd:
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 pur poses.
Referred to the Committee on Local Affairs.
HB 330. By Messrs. Russell of the 92nd, Lambert of the 38th, Reaves of the 99th and Collins of the 88th:
A Bill to be entitled an Act to prohibit the sale or offering for sale in this State of any meat imported from without the boundaries of the United States or any meat product containing such imported meat without labeling such imported meat or meat products; and for other purposes.
Referred to the Committee on Agriculture.
HR 156-330. By Mr. Russell of the 92nd:
A Resolution authorizing the conveyance of a certain tract of Stateowned property in Thomas County to Wade E. Freeman; and for other purposes.
Referred to the Committee on State Institutions & Property.
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471
HB 331. By Mr. Webb of the 65th:
A Bill to be entitled an Act to repeal an Act creating and establishing the City Court of Pembroke in and for the County of Bryan, so as to provide for the disposition of all suits, cases, papers, processes, books, indices and other matters of said court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 332. By Mr. Webb of the 65th:
A Bill to be entitled an Act to amend an Act creating and establishing the office of County Treasurer of Bryan County, so as to raise the salary of the Treasurer of Bryan County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 333. By Messrs. Bowen of the 69th, Lane of the 64th, Alien of the 93rd, Smith of the 44th, Dollar of the 89th, Clark of the 2nd, and others:
A Bill to be entitled an Act to amend Code Section 13-9933, relating to making or delivery of worthless checks, drafts or orders for pay ment of money, so as to provide that any person who shall make, draw, utter or deliver any check, draft or order for the payment of money, knowing at the time of having no funds or insufficient funds on deposit in any such bank, shall be guilty of a misdemeanor; and for other purposes.
Referred to the Committee on Judiciary.
HB 334. By Messrs. Spillers of the 37th, Barber of the 24th, Rainey of the 69th, NeSmith of the 43rd, Otwell of the 10th, Williams of the 82nd and others:
A Bill to be entitled an Act to provide that the Department of Public Safety may issue a special learner's permit to any person who is 14 years of age or over and who is physically and mentally able to operate a motor driven cycle; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 335. By Messrs. Mitchell and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act known as the Georgia Water Quality Control Act, so as to amend the powers of the Georgia Water Quality Control Board to remove the requirement of mandatory hearing prior to the rendition of any order by the Board; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 336. By Messrs. Wells of the 30th, Moore of the 20th, Matthews and Bedgood of the 29th, Johnson of the 40th, Dean of the 20th, Moore of the 12th and Brown of the 19th:
A Bill to be entitled an Act to amend Code Section 26-2603, relating to the larceny of certain motor vehicles, so as to provide for a new
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definition of motor vehicles covered under the provisions of this Act; to provide that the theft of parts of these vehicles shall also be a crime; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 337. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend Code Section 92-2406, relating to taxation of shares of banks and banking associations organized under authority of this State or the United States, so as to provide for the proper calculation of the market value of the shares of such a bank, by fixing the market value of the shares as the capital, surplus and undivided profits; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 338. By Messrs. Etheridge of the 123rd, Overby of the 16th, Tucker of the 36th, Grahl of the 52nd, Vaughn of the 117th, McCracken of the 49th and Daugherty of the 134th:
A Bill to be entitled an Act to provide for the defense of indigents, so as to provide for the appointment of counsel and authorize the estab lishment of the Office of Public Defender; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 157-338. By Messrs. Chandler and Harrington of the 47th:
A Resolution conveying a certain lot, tract or parcel of land and all permanent improvements made thereon or connected therewith within the 320th Militia District of Baldwin County, Georgia to the Wardens and vestry of St. Stephen's Church and their successors, in Milledgeville, Georgia; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 339. By Messrs. Hawkins of the 139th, Hood of the 124th, Brown of the 120th, Adams of the 125th, Longino of the 122nd and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education", so as to increase the amount of dependent benefits from 50% to 60%; and for other purposes.
Referred to the Committee on Local Affairs.
HB 340. By Messrs. Hawkins of the 139th, McClatchey of the 138th, Lambros of the 130th, Hood of the 124th, Brown of the 120th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to
THURSDAY, JANUARY 27, 1966
473
teacshers and employees of the Board of Education", so as to provide that a teacher or employee may designate certain dependents as bene ficiaries; and for other purposes.
Referred to the Committee on Local Affairs.
HB 341. By Messrs. Hawkins of the 139th, Dillon of the 128th, Hood of the 124th, Adams of the 125th, Grier of the 132nd, Brown of the 120th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Pulton County a system for pension and retirement pay to teachers and employees of the Board of Education, so as to provide for refund of a portion of employees' contributions in certain cases; and for other purposes.
Referred to the Committee on Local Affairs.
HR 158-341. By Messrs. Chandler and Harrington of the 47th:
A Resolution authorizing the conveyance of all that certain lot, tract or parcel of land containing 2.82 acres together with any and all per manent improvements located thereon or connected therewith lying and being in the corporate limits of the City of Milledgeville within the 320th Militia District of Baldwin County, Georgia to the Board of Trustees of the Georgia Military College; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 342. By Messrs. Story and Watson of the 22nd, Lambert of the 38th, Paris of the 23rd and Steis of the 100th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide certain require ments for vehicles transporting explosives; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 343. By Messrs. Story of the 22nd, Mauldin of the 18th, Lane of the 64th, Moore of the 20th, Parker of the 55th, Watson of the 22nd and Alien of the 93rd.
A Bill to be entitled an Act to amend an Act establishing a retirement system for State Public Schools, so as to change the provisions relating to the designation, appointment and terms of office of the members of the Board of Trustees of the Teachers' Retirement System of Georgia; and for other purposes.
Referred to the Committee on Education.
HB 344. By Messrs. Harris of the 118th and Levitas of the 118th:
A Bill to he entitled an Act to provide that any person who steals an article representing a trade secret or copies an article representing a
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trade secret with intent to deprive the owner thereof, the control of such trade secrets shall be guilty of a crime; 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 265. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend Code Section 13-203, relating to branch banks, so as to provide for the establishment of branch banks in counties having a certain population; and for other purposes.
HB 266. By Mr. Savage of the 58th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Macon County on a salary basis in lieu of the fee system of compensa tion, so as to change the compensation of the ordinary; and for other purposes.
HB 267. By Mr. Savage of the 58th:
A Bill to be entitled an Act to amend an Act placing the tax receiver of Macon County on a salary basis in lieu of the fee system of com pensation, so as to change the compensation of the tax receiver; and for other purposes.
HB 268. By Mr. Rowland of the 48th:
A Bill to be entitled an Act to repeal in its entirety Section 24-3103 of the Code of Georgia of 1933, relating to compensation of stenog raphers and reporters in civil cases, so as to provide compensation for the reporter or stenographer in civil cases for reporting and furnishing transcript of cases reported; and for other purposes.
HB 269. By Mr. McCracken of the 49th:
A Bill to be entitled an Act to establish a new charter for the City of Louisville, so as to provide that the book for the registration of voters shall be opened at all times except for periods of 20 days before each election; and for other purposes.
HB 270. By Mr. Overby of the 16th:
A Bill to be entitled an Act to amend an Act relating to eminent domain procedures, before a special master, so as to provide a more efficient and certain method of service upon non-residents who own the property condemned; and for other purposes.
THURSDAY, JANUARY 27, 1966
475
HB 271. By Mr. Overby of the 16th:
A Bill to be entitled an Act to amend Section 92-6216, relating to the oath of persons making returns of taxable property, so as to provide that copies of the Tax Returns of the owner of any property, upon certification as true and correct, shall be received in evidence in any court of this State as to any issue before such court concerning the value of the property; and for other purposes.
HB 272. By Mr. Overby of the 16th:
A Bill to be entitled an Act to amend an Act, relating to the procedures connected for the power of eminent domain, so as to provide a more efficient and certain method of service upon non-residents who own the property condemned; and for other purposes.
HB 273. By Mr. Overby of the 16th:
A Bill to be entitled an Act to amend Code Chapter 36-11, relating to condemnation and eminent domain, so as to provide a more efficient and certain method of service upon non-residents who own the property condemned; and for other purposes.
HB 274. By Mr. Brackin of the 87th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenue for Miller County, so as to change the provisions relating to the compensation of the Chairman; and for other purposes.
HB 275. By Mr. Floyd of the 7th:
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 276. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act placing the sheriff of the superior court of Chattooga County on a salary system, so as to pro vide 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.
HB 277. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court of Chattooga County on a salary, so as to provide that the clerk of the superior court shall not receive any compensation for his services as ex-officio clerk of the City Court of Chattooga County; and for other purposes.
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JOURNAL OP THE HOUSE,
HB 278. By Mr. Ployd of the 7th:
A Bill to be entitled an Act to repeal an Act establishing the City Court of Chattooga County, so as to provide an effective date; and for other purposes.
HB 279. By Messrs. Lee, Gary and Harrell of the 35th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenue for Clayton County, so as to provide that the Clayton County purchasing agent shall be a full-time employee of Clayton County and shall be eligible to come under the Clayton County Civil Service System; and for other purposes.
HB 280. By Mr. Otwell of the 10th:
A Bill to be entitled an Act to change the compensation of the clerk of the superior court, the sheriff and the tax commissioner of Forsyth; and for other purposes.
HB 281. By Mr. Otwell of the 10th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Forsyth County, so as to provide for an expense allowance for the Chairman of the Board; and for other purposes.
HB 282. By Mr. Otwell of the 10th:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Dawson County, known as the fee system; and for other purposes.
HB 283. By Mr. Pickard of the 112th:
A Bill to be entitled an Act to amend Code Section 34-1006, relating to qualification of candidates, so as to provide that if a person quali fies for party nomination and no other person qualifies against him by the end of the qualifying period, such person shall be declared the nominee of the party without the necessity of keeping the polls open in the district; and for other purposes.
HB 284. By Mr. Pickard of the 112th:
A Bill to be entitled an Act to amend an Act, relating to taxation on certain intangible property, so as to provide that no person shall be required to report such property and pay taxes thereon if the amount due is $5.00 or less; and for other purposes.
THURSDAY, JANUARY 27, 1966
477
HB 285. By Messrs. Hale, Abney and Snow of the 1st:
A Bill to be entitled an Act to amend an Act abolishing the officers of the tax collector and tax receiver of Bade County and creating in lieu thereof the office of tax commissioner, so as to change the compensa tion of the tax commissioner; and for other purposes.
HB 286. By Messrs. Hale, Abney and Snow of the 1st:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue for Bade County, so as to change the compensation of the commissioner; and for other purposes.
HB 287. By Messrs. Hale, Abney and Snow of the 1st:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Bade County upon an annual salary, so as to increase the maximum clerical expense allowance for the Ordinary; and for other purposes.
HB 288. By Messrs. Hale, Abney and Snow of the 1st:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Bade County, known as the fee system; and for other purposes.
HB 289. By Messrs. Wilson and Henderson of the 102nd, Howard and McBaniell of the 101st and Jordan of the 103rd:
A Bill to be entitled an Act to amend Code Section 47-102, relating to senatorial districts, so as to change the provjsions relating to the 32nd and 33rd Senatorial Bistricts of Cobb County; and for other purposes.
HB 290. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act relating to the judges of the superior courts, providing that any judge may request any judge emeritus to serve and preside in the superior court of any county in the judicial circuit of judge making said request; and for other pur poses.
HB 291. By Mr. Wells of the 30th:
A Bill to be entitled an Act to amend an Act incorporating the town of Parmington in the County of Oconee, so as to provide for an elec tion for the mayor and council; and for other purposes.
HR 138-291. By Messrs. Thomas of the 77th, Pafford of the 97th, Herndon of the 74th and Byrd of the 28th:
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.
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JOURNAL OF THE HOUSE,
HR 139-291. By Messrs. Harris and Smith of the 85th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local act for the creation of a Charter Commission to study all matters relating to the consolida tion of the government of the City of Brunswick and Glynn County and for the establishing of a successor government; and for other purposes.
HR 140-291. By Mr. Floyd of the 7th:
A Resolution proposing an amendment to the Constitution so as to change the manner of election and terms of office of the members of the Board of Education of Chattooga County; and for other purposes.
HR 141-291. By Messrs. Floyd of the 7th, Steis of the 100th, Murphy of the 26th, Wiggins of the 32nd, Paris of the 23rd and others:
A Resolution proposing an amendment to the Constitution so as to change the qualifications of Justices of the Supreme Court and the Judges of the Court of Appeals; and for other purposes.
HB 292. By Messrs. Newton of the 94th, Irvin of the llth, Farrar of the 118th, Jones of the 112th, Story of the 22nd, Barber of the 24th, Blair of the 68th, Smith of the 54th 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 minimum sum in determining the funds neeeded by local units of administration for maintenance, operation and sick leave expenses not otherwise pro vided in said Act; and for other purposes.
HB 293. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to place the Ordinary of Upson County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
HB 294. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend Code Section 24-1801, relating to clerks of County Ordinaries, so as to authorize the Ordinaries in cer tain counties to appoint a clerk whose salary shall be paid from county funds; and for other purposes.
HB 295. By Mr. Fleming of the 106th:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Retailers' and Consumers' Sale and Use Tax Act", so as to exclude from the terms "retail sale" and "sale at retail" tangible personal property which is employed directly in any facility which has been installed or constructed for the primary purpose of reducing air or water pollution; and for other purposes.
THURSDAY, JANUARY 27, 1966
479
HB 296. By Messrs. Abney, Snow and Hale of the 1st and Clark of the 2nd:
A Bill to be entitled an Act to amend an Act providing for an additional judge of the superior courts of the Lookout Mountain Judicial Circuit, so as to provide that such additional judge shall receive the salary supplement which the other judge of said Circuit receives; and for other purposes.
HB 297. By Messrs. Pafford of the 97th and Matthews of the 94th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide for a mini mum wage for school lunch program personnel; and for other purposes.
HB 298. By Messrs. Henderson and Wilson of the 102nd, McDaniell and How ard of the 101st, Jordan of the 103rd, DeLong and Sherman of the 105th:
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 exempt from the provisions of said Act the sale of medicines, drugs, burial caskets, coffins and vaults; and for other purposes.
HB 299. By Messrs. Henderson and Wilson of the 102nd, McDaniell of the 101st, Jordan of the 103rd, DeLong and Sherman of the 105th:
A Bill to be entitled an Act to amend Code Section 92-3901, relating to the deductions from gross income, so as to allow a deduction from gross income of Federal income taxes; and for other purposes.
HB 300. By Mr. Matthews of the 94th:
A Bill to be entitled an Act to amend Code Section 34-1317, relating to assistance to electors when voting and the number of electors a person shall assist in any primary or election, so as to change the number of electors a person shall assist in any primary or election; and for other purposes.
HB 301. By Mr. Conger of the 89th:
A Bill to be entitled an Act to amend Code Title 13, known as the "Banking Law" of Georgia, so as to provide for the establishment and operation of banking facilities as an expansion or extension of existing facilities; and for other purposes.
HR 147-301. By Messrs. McDaniell of the 101st, Jordan of the 103rd, Fulford of the 67th, Watson and Story of the 22nd and Henderson of the 102nd:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a change of venue in certain condemnation cases; and for other purposes.
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JOURNAL OF THE HOUSE,
HE 148-301. By Mr. Elliott of the 107th:
A Resolution authorizing the conveyance of certain State Property located in Bibb County, Georgia; and for other purposes.
HB 302. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
A Bill to be entitled an Act to amend Section 92-1403 relating to the "Motor Fuel Tax Law", so as to provide for the levy of the tax on motor fuel, kerosene and fuels not commonly measured by the gallon; and for other purposes.
HB 303. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to remove as one of the require ments for an exemption of the tax on machinery used in the manufac ture of tangible personal property in certain plants that the installa tion of such machinery must result in a substantial increase in the employment of the plant; and for other purposes.
SB 1. By Senator Webb of the llth:
A Bill to provide that the holding, owning, having in possession of or paying the tax for a wagering occupational tax stamp, or for paying the special tax on certain coin-operated devices issued by the Internal Revenue Authorities of the United States shall be held in all the courts of this State as prima facie evidence against the person holding such stamp in any prosecution of such person for violating of the gambling laws of this State; and for other purposes.
SB 3. By Senator Smalley of the 28th:
A Bill to create the Superior Court Judges and Solicitors General and Judges and Solicitors of Inferior Courts Retirement Fund; and for other purposes.
SR 11. By Senators Johnson of the 42nd and Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to de clare public transportation of passengers for hire to be an essential governmental function and a public purpose for which the power of taxation of this State may be exercised and its public funds expended; and for other purposes.
SR 15. By Senators Gillis of the 20th, Rowan of the 8th, Pennington of the 45th, Gayner of the 5th, Edenfield of the 4th, Padgett of the 23rd and McGill of the 24th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the establish-
THURSDAY, JANUARY 27, 1966
481
ment of a uniform method of assessment of farm and forest lands which shall be based upon the capability of such land to produce farm and forest crops; and for other purposes.
SB 36. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to report or communicate by any device or means the pres ence or existence of any explosive device or mechanism or its supposed location when such person knows or has reasonable cause to know that such information is false, untrue, or misleading; and for other pur poses.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by requisite constitutional majority the following Bills and Resolution of the Senate, to-wit:
SB 2. By Senator Bateman of the 27th:
A Bill to amend Code Sec. 59-112, relative to persons exempt from jury duty, as amended, so as to provide the persons who shall be entitled to exemption from all jury duty; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
SB 6. By Senator Smalley of the 28th:
A Bill to amend Code Chap. 39-6, relating to the satisfaction of exe cutions, so as to provide for the entering upon the fi. fa. of part pay ment made on judgments; to provide for the cancellation of executions; and for other purposes.
SB 43. By Senator Ballew of the 50th:
A Bill to amend Code Chap. 74-4, so as to provide for a different time limit for the granting of adoptions under certain circumstances; to provide the circumstances under which the different time limits shall apply; to provide the procedure connected therewith; to repeal conflict ing laws; and for other purposes.
SB 51. By Senators Salome of the 36th and Coggin of the 35th:
A Bill to amend Code Chap. 9-1, relating to applicants for admission to the practice of law, as amended, so as to change the educational requirements for applicants for admission to the practice of law; and for other purposes.
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JOURNAL OF THE HOUSE,
SR 9. By Senator Smalley of the 28th:
Proposing an amendment to the Constitution so as to exempt personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, tools and implements of trade of manual laborers, and domestic animals, from all ad valorem taxation for State, county, municipal and school purposes; and for other purposes.
Mr. Newton of the 94th District, 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 327. Do Pass. HB 255. Do Pass. HB 193. Do Pass. HB 330. Do Pass. HB 325. Do Pass. HB 326. Do Pass.
Respectfully submitted, Newton of 94th, Chairman.
Mr. Blalock of the 33rd District, 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 and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 26- 44. Do Pass as Amended. HR 24- 44. Do Pass. HR 56- 91. Do Pass. HR 11- 13. Do Pass. HR 27- 44. Do Pass. HR 45- 71. Do Pass. HR 41- 55. Do Pass.
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483
HR 47- 72. Do Pass. HR 48- 72. Do Pass. HR 55- 89. Do Pass. HR 51- 88. Do Pass. HR 120-236. Do Pass. HR 121-236. Do Pass. HB 198. Do Pass.
Respectfully submitted, Blalock of 33rd, Chairman.
Mr. Steis of the 100th District, 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 and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HB 247. Do Pass. HR 128-247. Do Pass.
Respectfully submitted, Steis of 100th, Chairman.
Mr. Brinkley of the 112th District, 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 97-165. Do Pass as Amended. HR 98-165. Do Pass as Amended. HR 139-291. Do Pass. HR 140-291. Do Pass. HB 177. Do Pass.
484
HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB
JOURNAL OP THE HOUSE,
266. Do Pass. 267. Do Pass. 269. Do Pass. 274. Do Pass. 275. Do Pass. 276. Do Pass. 277. Do Pass. 278. Do Pass. 279. Do Pass. 280. Do Pass. 281. Do Pass. 282. Do Pass. 285. Do Pass. 286. Do Pass. 287. Do Pass. 288. Do Pass. 291. Do Pass. 293. Do Pass. 294. Do Pass.
Respectfully submitted, Brinkley of 112th, Chairman.
Mr. Williams of the 16th District, 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 Senate and has instructed me as Chairman, to re port the same back to the House with the following recommendations:
HB 187. Do Pass. HB 138. Do Pass. HB 74. Do Pass by Committee Substitute. HB 75. Do Pass by Committee Substitute.
THURSDAY, JANUARY 27, 1966
485
SB 26. Do Pass. SB 27. Do Pass.
Respectfully submitted, Anderson of 71st, Vice-Chairman.
Mr. Etheridge of the 123rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bills and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
SR 11. Do Pass. HB 161. Do Pass. HB 167. Do Pass. HB 16. Do Pass. HB 234. Do Pass. HB 259. Do Pass. HB 263. Do Pass. HB 264. Do Pass.
Respectfully submitted, Etheridge of 123rd, Chairman.
Mr. Chandler of the 47th District, 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 Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 87-138. Do Pass by Committee Substitute. HR 124-239. Do Pass. HR 136-255. Do Pass.
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JOURNAL OF THE HOUSE,
HR 123-236. Do Pass.
Respectfully submitted, Chandler of 47th, Chairman.
Mr. Bagby of the 21st District, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
SR 15. Do Pass. HR 39- 55. Do Pass. HB 284. Do Pass. HB 47. Do Pass as Amended.
Respectfully submitted, Bagby of 21st, Chairman.
By unanimous consent, the following Bill of the House was recommitted to the Committee on Hygiene and Sanitation:
HB 233. By Mr. Watkins of the 9th:
A Bill to be entitled an Act to amend Code Chapter 84-9, relating to the creation of the State Board of Medical Examiners, as amended, so as to provide persons wishing to obtain a license to practice medicine shall furnish certain evidence of training; and for other purposes.
By unanimous consent, the following Resolution of the House was withdrawn from further consideration:
HR 77-124. By Messrs. Oglesby of the 92nd, Simkins of the 106th, DeLong of the 105th and others:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of judges of the Superior Courts and solicitors general by the electors of their judicial circuits; and for other purposes.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
THURSDAY, JANUARY 27, 1966
487
HB 132. By Messrs. Longino of the 122nd, Gates of the 123rd, Sims of the 131st and many others:
A Bill to be entitled an Act to provide a new charter for the City of Palmetto in Fulton and Coweta Counties, Georgia; and for other purposes.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend Section 38.1 by changing the period at the end of the second sentence to a semicolon and adding the following:
"Provided, however, that no code so adopted, nor regulations promulgated in connection therewith, shall apply to communica tion equipment installations made by or for a utility rendering common carrier communication services and required by it to be utilized as a part of its plant in the rendition of its duly author ized services to the public."
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend Section 28.1 by changing the period at the end of the first sentence to a semicolon and adding the following:
"Provided, however, that the provisions of this section shall not apply to public utility corporations under the supervision of the Georgia Public Service Commission."
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend Section 35.3 by striking the last sentence thereof 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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JOURNAL OP THE HOUSE,
HB 188. By Mr. Underwood of the 61st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the town of Higgston, as amended, 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 210. By Messrs. Leonard, Smith and Mitchell of the 3rd:
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 Murray 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 227. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to repeal an Act establishing the County Court of Atkinson County, as amended, so as to provide for a refer endum; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, JANUARY 27, 1966
489
HB 228. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Atkinson County, Georgia, known as the fee system; to provide that the sheriff shall be compensated 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 230. By Mr. Byrd of the 28th:
A Bill to be entitled an Act to amend an Act relating to incorporating the City of Monroe, as amended, so as to provide that the mayor and council shall be elected by a majority vote; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was 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. Dorminy of the 72nd: A Bill to be entitled an Act to provide that the Clerk of the Superior Court of Ben Hill County, Georgia, 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 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.
490
JOURNAL OF THE HOUSE,
HB 238. By Mr. Black of the 56th:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Stewart County, known as the fee system; to provide in lieu thereof 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 249. By Mr. Brown of the 19th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Bridges and a Board of Finance for Hart County, as amended, so as to remove the provision limiting the cost of the preparation and publication of an itemized list of expenditures of Hart County in the official organ of said county; and for other pur poses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 250. By Mr. Brown of the 19th: A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court and the Ordinary of Hart 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, JANUARY 27, 1966
491
HB 256. By Messrs. Bryant of the 108th; Jones, Knapp, Stewart and Wilson of the 109th:
A Bill to he entitled an Act to amend an Act reenacting the charter of the City of Macon, as amended, so as to provide that the method and procedure for the condemnation of property for the widening and changing of streets and the opening of new streets and alleys shall be any method and procedure now or hereafter authorized by the laws of Georgia; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was read and adopted:
HR 160. By Mr. Spillers of the 37th:
A RESOLUTION.
Commending the Newton County High School "Rams" basketball teams and Coach Ronald Bradley; and for other purposes.
WHEREAS, the Newton County High School "Rams" basketball teams have won 103 consecutive basketball games on their home court; and
WHEREAS, the Newton County High School "Rams" basketball teams have been ably coached by Coach Ronald Bradley; and
WHEREAS, Coach Bradley has been able to instill the desire to win in all of the players he has coached at Newton County High School; and
WHEREAS, the most notable factor contributing to this outstand ing record has been the display of superior team work on the part of all of the members of the different teams which compiled this enviable record; and
WHEREAS, the different teams coached by Coach Bradley have established a reputation for battling down to the last minute, never admitting defeat or accepting victory until the last whistle; and
WHEREAS, these teams have cast honor upon their community and the State of Georgia, both in quality of their play and in the sports manship they have exhibited while on the basketball court.
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JOURNAL OF THE HOUSE,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Newton County High School "Rams" basketball teams and Coach Ronald Brad ley for their outstanding record of achievement.
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 Coach Ronald Bradley.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:
SB 2. By Senator Bateman of the 27th:
A Bill to amend Code Section 59-112, relating to persons exempt from jury duty, so as to provide the persons who shall be entitled to exemp tion from all jury duty; and for other purposes.
Referred to the Committee on Judiciary.
SB 6. By Senator Smalley of the 28th:
A Bill to amend Code Chapter 39-6, relating to the satisfaction of executions, so as to provide for the entering upon the fi. fa. of part payments made on judgments; and for other purposes.
Referred to the Committee on Judiciary.
SB 43. By Senator Ballew of the 50th:
A Bill to provide for a different time limit for the granting of adop tions under certain circumstances; to provide the circumstances under which the different time limits shall apply; and for other purposes.
Referred to the Committee on Judiciary.
SB 51. By Senators Salome of the 36th and Coggin of the 35th:
A Bill relating to applicants for admission to the practice of law so as to change the educational requirements for applicants for admis sion to the practice of law; and for other purposes.
Referred to the Committee on Judiciary.
SR 9. 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, equipment and other personal property used within the home, tools and implements of trade of manual laborers, and domestic animals, from all ad valorem taxation for State, county, municipal and school purposes; and for other purposes.
Referred to the Committee on Ways and Means.
THURSDAY, JANUARY 27, 1966
493
Under the general order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HE 30-44. By Mr. Gaissert of the 34th:
A Resolution to relieve Otis David Hatchett as surety on an appearance bond and to cancel a fi. fa. issued against him; 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.:
Matthews, D. R. Mauldin McClatchey McDaniell Melton Mitchell Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Paris Parrish Powers Reid Richardson Ross Russell Savage Sherman Shields Sims Smith, A. B. Smith, V. T. Smith, W. L. Spikes Starnes Stewart Stovall
Gaissert Gaynor Gignilliat Grahl Grier Harrell Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Herndon Higginbotham Holder Hood Houston Howard Howell Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jordan, Ben C. Kiley Knapp Knight Lambert Lambros Land Leonard Lewis Maddox Malone Marshall
Abney Adams Alien Barfield Bean Bennett Berry
Black Brackin Brinkley Brown, B. D. Bryant Busbee Byrd Carley Games Gates Conner Cook Cox Crowe Dailey DeLong Dickinson Dillon Dixon Drew Elliott Evensen Farrar Fleming Floyd Fulford Funk
494
JOURNAL OP THE HOUSE,
Sweat Taylor Thomas Thompson, A. W. Tucker
Tye Vaughan, D. N. Watkins Watson Webb
Westlake Williams, G. J. Williams, W. M. Wilson, J. M. Wood
Voting in the negative was Mr. W. S. Lee.
Those not voting were Messrs.:
Alexander Anderson Bagby Barber Bedgood Blair Blalock Bo wen Brantley Brown, C. Brown, M. P. Caldwell Carr Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Colwell Conger Daugherty Davis Dean Dollar Dorminy Doster Duncan Egan Etheridge
Gary Hadaway Hale Hamilton Harrington Harrison Henderson Hill Irvin Jones, C. M. Jones, M. Jordan, W. H. Lane Lea, P. R. Lee, W. J. (Bill) Levitas Longino Lovell Lovett Lowrey Matthews, C. McCracken Merritt Minge Mixon Moore, Don C. Nessmith, P. Odom Parker
Peterson Phillips Pickard Rainey Reaves Roach Rowland Rush Simkins Smith, G. L. II Smith, J. R. Snellings Snow Spillers Stalnaker Steis Story Sullivan Thompson, R. Townsend Underwood Vaughn, C. R. Walling Ware Wells Wiggins Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 117, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 31-44. By Messrs. Gaissert and Melton of the 34th: A Resolution to relieve A. J. Martin as surety on an appearance bond and to cancel a fi. fa. issued against him; and for other purposes.
THURSDAY, JANUARY 27, 1966
495
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Barber Barfield Bean Bennett Berry Black Brackin Brinkley Brown, B. D. Bryant Busbee Byrd Carley Carnes Gates Conner Cook Cox Crowe Dailey DeLong Dillon Drew Elliott Evensen Parrar Fleming Funk Gaissert Gaynor Gignilliat Grahl Grier Harris, J. F. Harris, J. R. Hawkins Herndon
Higginbotham Holder Hood Howard Howell Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Kiley Knapp Knight Lambert Lambros Leonard Lewis Lovell Maddox Malone Marshall Matthews, D. R. Mauldin McCracken McDaniell Melton Minge Mitchell Mixon Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Ogleshy Otwell Overby Pafford
Palmer Paris Parker Parrish Powers Reid Richardson Roach Ross Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, V. T. Smith, W. L. Spikes Starnes Stewart Stovall
Sweat Taylor Thomas Thompson, A. W. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Watkins Watson Webb Westlake Williams, G. J. Williams, W. M. Wilson, J. M. Wood
Voting in the negative was Mr. W. S. Lee.
496
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Alexander Anderson Bagby Bedgood Blair Blalock Bowen Brantley Brown, C. Brown, M. P. Caldwell Carr Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Daugherty Davis Dean Dickinson Dixon Dollar Dorminy Doster Duncan
Egan Etheridge Floyd Fulford Gary Hadaway Hale Hamilton
Harrell Harrington Harris, R. W. Harrison Henderson Hill Houston Irvin Jones, M. Jordan, W. H. Land Lane Lea, F. R. Lee, W. J. (Bill) Levitas Longino Lovett Lowrey Matthews, C. McClatchey
Merritt Moore, Don C. Nessmith, P. Odom Peterson Phillips Pickard Rainey Reaves Rowland Rush Smith, G. L. II Smith, J. R. Snellings Snow Spillers Stalnaker Steis Story Sullivan Thompson, R. Town send Walling Ware Wells Wiggins Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 119, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 141. By Mr. Harris of the 118th:
A Bill to be entitled an Act to amend an Act creating the Claims Ad visory Board, as amended, so as to clarify the prohibition against a member of the Claims Advisory Board or any member of the General Assembly, or any State official or employee; and for other purposes.
The report of the Committee, which was favorable to the 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, JANUARY 27, 1966
497
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Bagby Barfield Bean Bennett Berry Black Blair Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Carnes Gates Conger Conner Cook Cox Crowe Dailey Daugherty DeLong Dillon Dollar Drew Elliott Etheridge Evensen Farrar Fulford Funk Gaissert Gaynor Gignilliat Grahl
Grier Hadaway Harris, J. R. Harris, R. W. Hawkins Henderson Herndon Higginbotham Holder Hood Houston Howell Hutchinson Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Kiley Knapp Lambert Lambros Land Lea, F. R. Lee, W. S. Leonard Levitas Lewis Lovett Lowrey Maddox Malone Marshall Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Minge Mixon Murphy Newton, A. S.
Oglesby Overby Pafford Palmer Paris Parrish Powers Reid Richardson Roach Ross Rowland Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, W. L. Snow Spikes Starnes Stewart Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Watkins Watson Webb Westlake Williams, G. J. Williams, W. M. Wood
Voting in the negative were Messrs.: Jordan Ben C., NeSmith, J. D.
Those not voting were Messrs.:
Anderson Barber Bedgood
Blalock Bowen Brantley
Caldwell Carr Chandler
498
Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Colwell Davis Dean Dickinson Dixon Dorminy Doster Duncan, A. C. Egan Fleming Ployd Gary Hale Hamilton Harrell Harrington Harris, J. P. Harrison
JOURNAL OP THE HOUSE,
Hill Howard Hull Irvin Jones, M. Knight Lane Lee, W. J. (Bill) Longino Lovell Matthews, C. Merritt Mitchell Moore, Don C. Moore, J. H. Nessmith, P. Newton, D. L. Odom Otwell Parker Peterson Phillips
Pickard Rainey Reaves Rush Smith, G. L. II Smith, J. R. Smith, V. T. Snellings Spillers Stalnaker Steis Story Sullivan Vaughan, D. N. Vaughn, C. R. Walling Ware Wells Wiggins Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, the ayes were 127, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 122. By Messrs. Brinkley and Jones of the 112th:
A Bill to be entitled an Act to amend an Act providing that no judg ment, decree, or other of any court shall affect the title to real property until said judgment, decree, or order is recorded; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act providing that no judgment, decree, or order of any superior court, county court, city court, justice court, municipal court, or any United States court shall affect the title to real property until said judgment, decree, or order is recorded, approved March 25, 1958 (Ga. Laws 1958, p. 379), so as to provide that the provisions of this Act shall also apply to writs handed down pursuant to any such judgment, decree or order; to provide definitions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
THURSDAY, JANUARY 27, 1966
499
Section 1. An Act providing that no judgment, decree, or order of any superior court, county court, city court, justice court, municipal court, or any United States court shall affect the title to real property until said judgment, decree, or order is recorded, approved March 25, 1958 (Ga. Laws 1958, p. 379), 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. No judgment, decree, or order or any writ granted pursuant to any such judgment, decree, or order of any superior court, county court, city court, justice court, municipal court, or any United States court shall, in any way, affect or become a lien upon the title to real property until said judgment, decree, order or writ of fieri facias is recorded in the office of the clerk of the superior court of the county in which such real property is located, and is entered in the indexes to the applicable records in the office of such clerk. Such entries and recordings must be requested and paid for by the plaintiff or defendant, or their attorney-at-law."
Section 2. Said Act is further amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. Definitions.
The term 'applicable records' shall include deed books, lis pendens dockets, federal tax lien dockets, general execution dockets and attachment dockets."
Section 3. Said Act is further amended by striking Section 3 in its entirety and by renumbering Sections 4, 5 and 6 as Sections 3, 4, and 5, respectively.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment was read and adopted:
Brinkley of the 112th moves to amend the Committee Substitute to HB 122 as follows:
By adding to the second line of the new Section 1 after the word "writ" and before the word "granted", the words "of fieri facias", so that when so amended the new Section 1 shall read as follows:
"Section 1. No judgment, decree, or order or any writ of fieri facias granted pursuant to any such judgment, decree, or order of any superior court, county court, city court, justice court, munici pal court, or any United States court shall, in any way, affect or become a lien upon the title to real property until said judgment, decree, order or writ of fieri facias is recorded in the office of the clerk of the superior court of the county in which such real property is located, and is entered in the indexes to the applicable records in
500
JOURNAL OF THE HOUSE,
the office of such clerk. Such entries and recordings must be re quested and paid for by the plaintiff or defendant, or their attorneyat-law, and amend the caption accordingly."
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 Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Colwell Cook Cox Crowe Dailey Daugherty
DeLong Dillon Dixon Drew Duncan Egan Elliott Etheridge Even sen Parrar Ployd Funk Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrington Harris, J. P. Harris, J. R. Harris, R. W. Hawkins Henderson Herndon Holder Hood Houston Howard Howell Hutchinson Johnson, A. S. Dr. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C.
Jordan, W. H. Kiley Knapp Knight Lambert Lambros Land Lea, P. R. Lee, W. S. Leonard Lewis Longino Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin McCracken McDaniell Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Oglesby Otwell Overby Pafford Palmer Paris
Parrish Peterson Pickard Powers Reaves Reid Richardson Roach Ross Rowland Russell Savage Sherman Shields Sims Smith, A. B.
THURSDAY, JANUARY 27, 1966
501
Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker
Tye
Underwood Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bowen Brantley Busbee Caldwell Collins, M. Conger Conner Davis Dean Dickinson Dollar Dorminy Doster Fleming Pulford Gaissert Gary
Hale Harrell Harrison Higginbotham Hill Hull Irvin
Jones, C. M. Lane Lee, W. J. (Bill) Levitas Lovell Matthews, D. R. McClatchey Melton Mitchell
Newton, D. L. Odom Parker Phillips Rainey Rush Simkins Smith, G. L, II Smith, J. R. Smith, V. T. Snellings Sullivan Townsend Ware Wells Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Under the general order of business, the following Bill of the House was again taken up for consideration:
HB 6. By Messrs. Hull of the 104th, Murphy of the 26th, Conger of the 89th and others:
A Bill to be entitled an Act to comprehensively revise, supersede, and modernize pretrial, trial and certain posttrial procedures in civil cases; and for other purposes.
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JOURNAL OF THE HOUSE,
By unanimous consent, further consideration of HB 6 was postponed until Monday, January 31st,
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 200. By Messrs. Hale, Abney and Snow of the 1st, Harris of the 85th and others: A Bill to be entitled an Act to amend Code Chapter 9-1, relating to applicants for admission to the practice of law; and for other purposes.
The following amendment was read and adopted:
Mr. Bagby of the 21st District moves to amend HB 200 by adding to Code Section 9-110, the following:
"Provided that no question on any bar examination shall be so framed so as to require the applicant to include as part of his answer the title or the name of the author of any book, or the style or citation of any decision."
so that when so amended, Code Section 9-110 shall read as follows:
"9-110. Topics and subjects of the examination. The applicant must be examined touching his knowledge of such subjects pertain ing to the practice of law and pertaining to his qualifications for admission to the practice of law as may seem advisable to the Board of Bar Examiners; also, touching knowledge of:
(1) The principles of the common law and statutes of Eng land, of force in this State;
(2) The law of pleading and evidence;
(3) The principles of equity;
(4) The Code of this State, the Constitutions of the United States and of this State, and the rules of practice in the Supreme Court of Georgia, the Court of Appeals of Georgia and the superior courts of this State;
Provided that no question on any bar examination shall be so framed so as to require the applicant to include as part of his answer the title or the name of the author of any book, or the style or citation of any decision."
THURSDAY, JANUARY 27, 1966
503
SECTION 4
Said Chapter is further amended by deleting from the last sentence of Code Section 9-116, the word "two" and substituting in place thereof the word "one",
so that when so amended, Code Section 9-116 shall read as follows:
"9-116. Authority of Justices of Supreme Court to adopt rules governing bar examinations. The Justices of the Supreme Court shall be authorized to make and adopt rules as to the making of application to take examination and as to the time, manner and places of holding examinations for admission to the bar of this State and are hereby specifically authorized to provide for the holding of said examinations under the supervision of the board of bar examiners at not more than three cities, under such rules and regulations as may be prescribed by them, and may provide for said examination to be held over such period of days as in their judgment shall be fair to the applicant for examination, pro vided, that nothing in this section shall be construed as limiting applicants for admission to the bar to college trained persons. There shall be held not less than one such examination during each calendar year, the dates of which shall be fixed by the Justices of the Supreme Court."
The following amendment was read and adopted:
Mr. Sweat of the 83rd moves to amend HB 200 by striking Section 2 in its entirety and renumbering the Sections accordingly.
The following amendment was read and adopted:
Mr. Hale of the 1st moves to amend HB 200 by striking from Section I, Paragraph (b) sub paragraph (iii) the date "July 1, 1968" and substituting in lieu thereof the date "July 1, 1969".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Barber Barfield
Bean Bedgood Bennett Black Blair
Blalock Brackin Brinkley Brown, B. D. Bryant
504
Busbee Byrd Caldwell Carley Carnes Carr Gates Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Colwell Conger Conner Cook Cox Crowe Dailey Davis Dean DeLong Dillon Dollar Drew Duncan Egan Elliott Etheridge Evensen Farrar Fleming Floyd Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hale Hamilton Harrell Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Henderson Herndon Higginbotham
JOURNAL OF THE HOUSE,
Holder Hood Houston Howard Howell Hull Hutehinson Irvin Johnson, A. S. Dr. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Land Lea, F. R. Lee, W. S. Levitas Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey MeCracken McDaniell Melton Minge Mitchell Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer
Paris Parrish Peterson Pickard Powers Richardson Roach Ross Rowland Russell Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Stewart Story Sullivan Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Brown, C. Brown, M. P. Gary Lee, W. J. (Bill)
Lewis Merritt Murphy Nessmith, P.
Savage Stovall
THURSDAY, JANUARY 27, 1966
505
Those not voting were Messrs.:
Alexander Anderson Bagby Berry Bowen Brantley Chandler
Daugherty Dickinson Dixon Dorminy
Doster Hadaway Harrington Harrison Hill Johnson, B. Knight Lane Leonard Odom Parker
Phillips Rainey Reaves Reid Rush Smith, V. T. Stalnaker Sweat Ware Mr. Speaker
On the passage of the Bill, as amended, the ayes were 162, nays 10.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 192. By Messrs. Conner of the 91st, Pafford of the 97th and Thomas of the 77th:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to provide for a new classification for trucks transporting forest products; and for other purposes.
The following Committee amendment was read and adopted:
Committee on Motor Vehicles moves to amend HB 192 as follows:
By adding at the end of the language quoted as subsection 17 of Code Section 92-2902 in Section 1 of said bill the following:
"Provided, however, that skidders, tractors, and loaders used only in the woods shall not be required to obtain a license tag."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Bagby
Barber Bean Bedgood Berry
Black Blair Blalock Brackin
606
Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Clarke, H. G. Collins, J. P. Collins, M. Colwell Conger Conner Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dollar Dorminy Drew Elliott Etheridge Evensen Parrar Fleming Floyd Funk Gaissert
Gary
Gaynor
Gignilliat
Grahl
Grier
Hamilton
Harrell
Harrington
Harrison
JOURNAL OP THE HOUSE,
Hawkins Herndon Hill Holder Hood Houston Howard Howell Hull Hutchinson Johnson, Dr. A. S. Jones, M. Jordan, W. H. Kiley Knapp Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. McClatchey McCracken Melton Merritt Mixon Moore, Don C. Moore, J. H. Nessmith, P.
Newton, A. S.
Newton, D. L.
Oglesby
Otwell
Overby
Pafford
Palmer
Paris
Parker
Parrish Peterson Pickard Reid Powers Richardson Roach Ross Rowland Savage Sherman Shields Sims Simkins Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins
Watson
Webb
Westlake
Wiggins
Williams, G. J.
Williams, W. M.
Wilson, R. W.
Wood
Those voting in the negative were Messrs.:
Bennett Harris, J. F.
Starnes Sullivan
THURSDAY, JANUARY 27, 1966
507
Those not voting were Messrs.:
Alien Anderson Barfield Bo wen Brantley Chandler Clark, J. T. Cook Dixon Doster Duncan, A. C. Egan Fulford Hadaway Hale Harris, J. R. Harris, R. W.
Henderson Higginbotham Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Knight Lambert Lane Levitas Lovett Mauldin McDaniell Minge Mitchell Murphy
NeSmith, J. D. Odom Phillips Rainey Reaves Rush Russell Smith, A. B. Smith, G. L. II Smith, V. T. Town send Underwood Wells Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 151, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 60. By Messrs. Watkins of the 9th, Savage of the 58th and Holder of the 70th:
A Bill to be entitled an Act to authorize sterilization of certain indi viduals by doctors of medicine; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Hygiene and Sanitation moves to amend HB 60 as follows:
By inserting in the title between the word "persons" and the word "to" the following:
"to provide for the notarization of certain papers;"
By adding at the end of Section 2 the following:
"Provided, however, the consultation agreement between the two physicians or surgeons shall be in writing and such agreement and the written request of the person desiring the operation and his or her spouse shall be attested to before a Notary Public."
508
JOURNAL OP THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Blair Blalock Bo wen Brackin Brantley Brinkley Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Clarke, H. G. Clark, J. T. Colling, J. F. Collins, M. Colwell Conger Cook Cox Crowe Davis DeLong Dillon Dixon Dollar Drew Elliott Evensen Parrar
Fleming Punk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Harrell Harrington Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Holder Hood Houston Howard Howell Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jordan, W. H. Kiley Knapp Knight Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall
Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Oglesby Otwell Pafford Palmer Paris Parrish Peterson Pickard Reaves Reid Richardson Roach Ross Rowland Russell Savage Sherman Shields Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Snellings Snow Spillers Starnes Steis Stewart Story Stovall
THURSDAY, JANUARY 27, 1966
509
Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker
Tye Vaughan, D. N. Vaughn, C. R. Ware Watkins Watson Webb Wells
Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.
Alexander Black Brown, B. D. Daugherty
Duncan Gary Hamilton Powers
Sims Smith, W. L.
Those not voting were Messrs.:
Chandler Conner Dailey Dean Dickinson Dorminy Doster Egan Etheridge Floyd Fulford Hale
Harris Hill Hull Johnson,B. Jones, C. M. Jones, M. Jordan, Ben C. Lane Levitas McClatchey Moore, J. H. Newton, D. L.
Odom Overby Parker Phillips Rainey Rush Smith, V. T. Spikes Stalnaker Underwood Walling Mr. Speaker
On the passage of the Bill, as amended, the ayes were 158, nays 10.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 52. By Mr. Richardson of the 116th: 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
510
JOURNAL OP THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Cook Cox Dailey Daugherty Davis Dean DeLong Dillon Dixon Dollar Doster Drew Duncan Egan Elliott Etheridge
Evensen
Farrar
Fleming
Floyd
Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Hadaway Hamilton Harrell Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Higginbotham Hill Holder Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jordan, W. H. Kiley Knapp Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken
Melton
Merritt
Minge
Mixon
Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Otwell Overby Pafford Palmer Paris Parrish Powers Reaves Reid Richardson Roach Rowland Savage Sherman Sims Smith, A. B. Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Stewart Story Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Watson Webb Wells Westlake Wiggins Williams, G. J.
Williams, W. M.
Wilson, R. W.
Wood
THURSDAY, JANUARY 27, 1966
511
Those not voting were Messrs.:
Anderson Bowen Brackin Busbee Caldwell Crowe Dickinson Dorminy Grier Hale Harrington Harris, R. W. Henderson Johnson, B. Jones, C. M. Jones, M.
Jordan, Ben C. Knight Lane Leonard Maddox McDaniel Mitchell Moore, J. H. Newton, D. L. Oglesby Parker Peterson Phillips Pickard Rainey Ross
Rush Russell Shields Simkins Smith, G. L. II Smith, V. T. Stalnaker Stovall Underwood Walling Ware Watkins Wilson, J. M. Mr, Speaker
On the passage of the Bill, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 40-55. By Mr. Richardson of the 116th:
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.
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.:
Alexander Barber Black Blair Blalock Brown, C. Byrd Carnes
Carr Clarke, H. G. Collins, J. F. Collins, M. Conger Cook Cox Dailey
Daugherty Davis Dean DeLong Dillon Dixon Dollar Drew
512
Egan Etheridge Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Hamilton Harris Hawkins Holder Houston Hutchinson Jones, G. Paul Lambert Lea, F. R. Lee, W. S.
JOURNAL OF THE HOUSE,
Levitas Lewis Lovell Lovett Lowrey Malone Matthews, D. R. McClatchey Merritt Minge Murphy Nessmith, P. Newton, A. S. Newton, D. L. Palmer Parrish Powers Reid Richardson
Rowland Sherman Sims Simkins Smith, W. L. Snellings Spikes Starnes Steis Thompson, A. W. Tucker Tye Vaughan, D. N. Watson Webb Wells Wiggins Wilson, R. W.
Those voting in the negative were Messrs.
Abney Adams Alien Barfield Bean Bennett Berry Brackin Brantley Brinkley Bryant Carley Gates Colwell Doster Duncan Elliott Evensen Farrar Fleming Floyd Hadaway Harrington Harris, R. W.
Harrison Henderson Herndon Higginbotham Hull Kiley Knapp Leonard Longino Maddox Marshall Mauldin McDaniell Mixon Moore, Don C. NeSmith, J. D. Odom Oglesby Otwell Overby Pafford Paris Pickard Reaves
Ross Russell
Savage Shields Smith, A. B. Smith, J. R. Smith, V. T. Snow Spillers Stalnaker Stewart Story Stovall Sullivan Taylor Thomas Thompson, R. Underwood Walling Westlake Williams, G. J. Williams, W. M. Wood
Those not voting were Messrs.:
Anderson Bagby Bedgood Bo wen
Brown, B. D. Brown, M. P. Busbee Caldwell
Chandler Clark, J. T. Conner Crowe
THURSDAY, JANUARY 27, 1966
513
Dickinson Dorminy Grier Hale Harrell Harris, J. R. Hill Hood Howard Howell Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M.
Jones, M. Jordan, Ben C. Jordan, W. H. Knight Lambros Land Lane Lee, W. J. (Bill) Matthews, C. McCracken Melton Mitchell Moore, J. H. Parker
Peterson Phillips Rainey Roach Rush Smith, G. L. II Sweat Townsend Vaughn, C. R. Ware Watkins Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 80, nays 71.
The Resolution, having failed to receive the requisite constitutional twothirds majority, was lost.
Mr. Richardson of the 116th served notice that at the proper time he would move that the House reconsider its action in failing to give the requisite con stitutional majority to the above captioned HR 40-55.
Mr. Odom of the 79th stated that he had been called from the floor of the House to confer with constituents, and wished to be recorded as voting "aye" on the following Bills and Resolutions of the House: HR 30-44, HR 31-44, HB 141, HB 122 Sub, Am, HB 200.
The Speaker announced the House Recessed until 2:00 o'clock, P. M.
AFTERNOON SESSION The House was called to order by the Speaker.
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 106. By Mr. Egan of the 141st: A Bill to be entitled an Act to amend Code Section 113-602, relating to the probate of a will in solemn form, as amended; and for other pur poses.
514
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.
Adams Alexander Alien Bagby Bennett Berry Blair Brackin Brantley Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Games Gates Clark, J. T. Collins, M. Colwell Cook Cox Daugherty Dean DeLong Dillon Dixon Doster Drew Duncan Egan Elliott Etheridge Evensen Parrar Fulford Funk Gary Gaynor Gignilliat Grahl Hadaway
Hamilton Harrell Harris, J. F. Harris, R. W. Hawkins Herndon Hill Holder Hood Houston Howard Hutchinson Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Lambert Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lovell Lovett Lowrey Maddox Malone Marshall McClatchey McDaniell Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Odom Oglesby Otwell Overby Pafford Palmer Paris
Parrish Peterson Pickard Powers Reaves Reid Richardson Roach Ross Rowland Russell Savage Shields Sims Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Story Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watson Webb Wiggins Williams, G. J. Williams, W. M. Wood
THURSDAY, JANUARY 27, 1966
515
Those not voting were Messrs.:
Abney Anderson Barber Barfield Bean Bedgood Black Blalock Bowen Brown, C. Carr Chandler Clarke, H. G. Collins, J. F. Conger Conner Crowe Dailey Davis Dickinson Dollar Dorminy Fleming Floyd Gaissert
Grier Hale Harrington Harris, J. R. Harrison Henderson Higginbotham Howell Hull Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jordan, W. H. Knight Lambros Land Lane Lea, F. R. Leonard Lewis Matthews, C. Matthews, D. R. Mauldin McCracken
Melton NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Parker Phillips Rainey Rush Sherman Simkins Smith, J. R. Snow Stewart Stovall Taylor Townsend Underwood Watkins Wells Westlake Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, the ayes were 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Lambros of the 130th stated that he was called from the House when the vote was taken on HB 106, but had he been present, would have voted "aye".
Mr. Lea of the 126th stated that he had been called from the House when the vote was taken on HB 106, but had he been present, would have voted "aye".
HB 53. By Mr. Richardson of the 116th:
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.
516
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.
Adams Alien Anderson Bean Bennett Berry Black Blair Blalock Bowen, R. L. Brackin Brantley Brinkley Brown, M. P. Bryant Byrd Caldwell Carley Carnes Carr Gates Clark, J. T. Collins, M. Cook Cox Dailey Pougherty Davis Dean DeLong Dillon Dixon Drew Duncan Elliott Evensen Fleming Funk Gaissert Gary
Gaynor Gignilliat Grahl Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Hill Holder Houston Hull Hutchinson Jones, G. Paul Jordan, Ben C. Kiley Knapp Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lovell Lokwrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Merritt Minge Mitchell
Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Otwell Palmer Paris Parrish Peterson Powers Rainey Reaves Reid Richardson Roach Savage Sherman Sims Smith, V. T. Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Story Sullivan Thompson, R. Tucker Tye Vaughan, D. N. Walling Watkins Watson Webb Wells Williams, G. J. Wilson, R. W.
Those voting in the negative were Messrs.:
Brown, B. D. Farrar Hood Jones, M.
Pafford Ross Smith, A. B. Sweat
Thomas Thompson, A. W. Williams, W. M. Wood
THURSDAY, JANUARY 27, 1966
517
Those not voting were Messrs.:
Abney Alexander Bagby Barber Barfield Bedgood Brown, C. Busbee Chandler Clarke, H. G. Collins, J. F. Colwell Conger Conner Crowe Dickinson Dollar Dorminy Doster Egan Etheridge Ployd Fulford Grier
Hale Harrell Harris, R. W. Henderson Higginbotham Howell Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jordan, W. H. Knight Land Leonard Lewis Longino Lovett Maddox Melton Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby
Overby Parker Phillips Pickard Rowland Rush Russell Shields Simkins Smith, G. L. II Smith, J. R. Snow Stewart Stovall Taylor Townsend Underwood Vaughn, C. R. Ware Westlake Wiggins Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 120, nays 12.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Brown of the 120th stated that he had been called from the floor of the House when the vote was taken on HB 53, but had he been present, would have voted "aye".
Mr. Odom of the 79th stated that he had been called from the floor of the House when the vote was taken on HB 53, but had he been present, would have voted "aye".
HB 109. By Mr. Dean of the 20th:
A Bill to be entitled an Act to amend an Act prohibiting the throwing or depositing of trash, garbage or other substances upon the public roads or public property of this State; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered, and the vote was as follows:
518
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Abney Adams Alien Bagby Barfield Bedgood Bennett Blair Blalock Brackin Brinkley Bryant Busbee Byrd Carley Carnes Carr Clarke, H. G. Collins, J. F. Colwell Cook Cox Davis Dean DeLong Doster Duncan Egan Evensen Fleming Gaissert Gary Grahl Harrell
Harrington Harris, J. F. Harris, J. R. Hawkins Hill Holder Houston Howell Hull Hutchinson Jones, C. Paul Knapp Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lovell Lovett Lowrey Maddox Malone Matthews, C. Matthews, D. R. McDaniell Merritt Minge Moore, Don C. Moore, J. H. Murphy Newton, D. L. Oglesby Otwell Pafford Palmer
Paris Peterson Rainey Reid Roach Rowland Russell Savage Sherman Sims Smith, G. L. II Snellings Spikes Spillers Stalnaker Starnes Steis Story Stovall Sullivan Thompson, R. Town send Tucker Vaughn, C. R. Walling Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.
Alexander Anderson Berry Black Bowen Brantley Brown, B. D.
Brown, C. Caldwell
Gates Clark, J. T. Dailey Daugherty Dillon Dixon
Dorminy Drew Elliott Gaynor Gignilliat Grier Hadaway Hamilton Harris, R. W. Harrison Herndon Hood Jones, M. Jordan, Ben C. Kiley
Lambert Lane Lea, F. R. Longino Marshall Mauldin McClatchey McCracken Mitchell Nessmith, P. Odom Overby Parrish
Pickard
Powers
Ross Shields Smith, A. B. Smith, J. R.
THURSDAY, JANUARY 27, 1966
519
Smith, W. L. Stewart Sweat Thomas
Thompson, A. W. Tye Vaughan, D. N. Webb
Those not voting were Messrs.:
Barber Bean Brown, M. P. Chandler Collins, M. Conger Conner Crowe Dickinson Dollar Etheridge Farrar Floyd Fulford Funk Hale
Henderson Higginbotham Howard Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jordan, W. H. Knight Lambros Land Lewis Melton Mixon NeSmith, J. D. Newton, A. S.
Parker Phillips Reaves Richardson Rush Simkins Smith, V. T. Snow Taylor Underwood Ware Watkins Westlake Mr. Speaker
On the passage of the Bill, the ayes were 101, nays 57.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Dean of the 20th served notice that at the proper time, he would move that the House reconsider its action in failing to give the requisite constitutional majority to the above captioned HB 109.
HB 114. By Messrs. Williams of the 16th, Lambert of the 38th, Johnson of the 40th and others:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to change the provisions relating to driving while intoxicated; and for other purposes.
Mr. Dillon of the 128th moved that HB 114 be tabled.
On the motion to table, the roll call was ordered and the vote was as follows:
520
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Abney Alexander Barfield Bean Bennett Black Blair Bowen Brantley Brown, M. P. Caldwell Carnes Clark, J. T. Collins, J. F. Dailey Daugherty DeLong Dickinson Dillon Dixon Dorminy Drew
Duncan Elliott Etheridge Fleming
Floyd Gaynor Gignilliat Grahl Hamilton Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Hull Jordan, Ben C. Lane Leonard Longino Marshall McClatchey McCracken McDaniell Mixon Moore, Don C. NeSmith, J. D. Nessmith, P. Odom Oglesby Otwell
Parrish Pickard Reaves Richardson Roach Ross Russell Sherman Smith, J. R. Smith, W. L. Snellings Snow Spillers Steis Stewart Sullivan Sweat Tucker Vaughan, D. N. Vaughn, C. R. Webb Williams, G. J. Wilson, J. M. Wilson, R. W.
Those voting in the negative were Messrs.
Adams Anderson Bedgood Berry Blalock Brackin Brinkley Brown, C. Bryant Carley Carr Gates Clarke, H. G. Colwell Cook Davis Dean Doster Egan Evensen Farrar Gaissert Gary
Grier Hadaway Harrell Harrison Hawkins Herndon Higginbotham
Hill Hood Houston Howard Ho well Hutchinson
Jones, M. Kiley Lambert Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas
Lovell Lovett Lowrey
Malone Matthews, C. Mauldin Minge Mitchell Murphy Newton, D. L. Overby Pafford Palmer Paris Peterson Powers Rainey Reid Savage Shields Sims Smith, G. L. II Smith, V. T. Stalnaker Starnes
Story
THURSDAY, JANUARY 27, 1966
521
Taylor Thomas Thompson, A. W. Thompson, R. Townsend
Tye Walling Ware Watkins Watson
Wiggins Williams, W. M. Wood
Those not voting were Messrs.:
Alien Bagby Barber Brown, B. D. Busbee Byrd Chandler Collins, M. Conger Conner Cox Crowe Dollar Fulford Funk Hale
Harrington Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, C. Paul Jordan, W. H. Knapp Knight Lambros Land Lewis Maddox Matthews, D. R. Melton Merritt
Moore, J. H. Newton, A. S. Parker Phillips Rowland Rush Simkins Smith, A. B. Spikes Stovall Underwood Wells Westlake Mr. Speaker
On the motion to table HB 114, the ayes were 76, nays 82.
The motion was lost.
Mr. Lewis of the 50th stated that he had been called from the floor of the House when the vote was taken to table HB 114, but had be been present, would have voted "aye".
The following amendment was read:
Mr. Odom of the 79th moves to amend HB 114 by striking Section Two of said Bill in its entirety.
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 Alexander Anderson Bagby Barfield Bean
Berry Black Bowen Brackin Brantley Brown, B. D.
Brown, M. P. Caldwell Carley Carnes Clarke, H. G. Clark, J. T.
522
Collins, J. F. Collins, M. Dailey Daugherty Dean DeLong Dickinson Dillon Dorminy Doster Drew Elliott Etheridge Evensen Fleming Fulford Gaynor Grahl Hadaway Hamilton Harris, J. F. Harris, R. W. Henderson Higginbotham Hood Houston Howard
JOURNAL OF THE HOUSE,
Hull Johnson, A. S. Dr. Jones, M. Jordan, Ben C. Kiley Lane Leonard Levitas Lewis Marshall MeClatchey McDaniell Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Pafford Paris Parrish Pickard
Powers Rainey Richardson Roach Ross Sherman Smith, J. R. Smith, W. L. Snellings Snow Stalnaker Starnes Steis Stewart Sullivan Sweat Taylor Thomas Thompson, A. W. Tucker Tye Vaughan, D. N. Westlake Wilson, J. M. Wilson, R. W.
Those voting in the negative were Messrs.:
Adams Alien Bedgood Blair Blalock Brinkley Brown, C. Bryant Byrd
Carr
Gates Cook Davis Egan
Farrar
Floyd Gaissert Gignilliat Grier Harrell Harrison
Hawkins Herndon Hill Holder Hutchinson Lambert Lambros Lea, F. R.
Lee, W. J. (Bill)
Lee, W. S.
Longino
Lovell Lovett
Lowrey
Malone Matthews, C.
Mauldin Newton, D. L.
Overby
Palmer
Peterson
Reid Shields Sims Smith, G. L. II Smith, V. T. Spikes Spillers Story Thompson, R.
Townsend
Vanghn, C. R.
Walling
Ware
Watkins
Watson
Webb
Wiggins
Williams, G. J.
Williams, W. M.
Wood
THURSDAY, JANUARY 27, 1966
523
Those not voting were Messrs.:
Barber Bennett Busbee Chandler Colwell Conger Conner Cox Crowe Dixon Dollar Duncan Funk Gary Hale
Harrington Harris, J. R. Howell Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Knight Land Maddox Matthews, D. R. McCracken Melton Merritt
Otwell Parker Phillips Reaves Rowland Rush Russell Savage Simkins Smith, A. B. Stovall Underwood Wells Mr. Speaker
On the adoption of the amendment, the ayes were 98, nays 62.
The amendment was adopted.
The following amendment was read and adopted:
Mr. Lee of the 79th moves to amend HB 114 by striking the following language "or in physical control of" from the following sections of said Bill:
47 (a) 47 (b) 47 (g) 47A (a) 47A (d).
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.:
Adams Alien Bedgood Blair Blalock
Brinkley Brown, C. Bryant Byrd Carnes
Carr Gates Chandler Clarke, H. G. Collins, J. F.
524
Cook Davis Dean Dillon Drew Duncan Egan Elliott Floyd Gary Gaynor Gignilliat Grahl Grier Hamilton Harrell Harrington Harrison Hawkins Hill Holder Houston Hutchinson Johnson, B. Kiley
JOURNAL OF THE HOUSE,
Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Longino Lovell Lovett Lowrey Matthews, C. Matthews, D. R. Mauldin McCracken Merritt Moore, Don C. Newton, D. L. Otwell Overby Palmer Peterson Powers Reid Richardson Russell
Savage Sherman Sims Smith, G. L. II Smith, V. T. Smith, W. L. Spillers Stewart Story Tayor Thompson, R. Townsend Tye Vaughn, C. R. Walling Ware Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Alexander Anderson Bagby Barfield Bean Bennett Berry Black Bowen Brackin Brantley Brown, B. D. Brown, M. P. Carley Clark, J. T. Dailey Daugherty DeLong Dixon Dorminy Doster Etheridge Evensen Farrar Fleming Gaissert
Hadaway Harris, J. F. Harris, R. W. Herndon Higginbotham Hood Howard Howell Hull Johnson, A. S. Dr. Jones, M. Jordan, Ben C. Lane Leonard Le vitas Lewis Malone Marshall McClatchey McDaniell Minge Mitchell Mixon Murphy NeSmith, J. D. Newton, A. S.
Odom Oglesby Pafford Paris Parrish Pickard Rainey Reaves Roach Ross Rowland Shields Smith, J. R. Snow Stalnaker Starnes Steis Stovall Sullivan Sweat Thomas Thompson, A. W. Tucker Vaughan, D. N. Westlake Wilson, J. M.
THURSDAY, JANUARY 27, 1966
525
Those not voting were Messrs.:
Abney Barber Busbee Caldwell Collins, M. Colwell Conger Conner Cox Crowe Dickinson Dollar Fulford
Funk Hale Harris, J. R. Henderson Irvin Jones, C. M. Jones, G. Paul Jordan, W. H. Knight Land Maddox Melton
Moore, J. H. Nessmith, P. Parker Phillips Rush Simkins Smith, A. B. Snellings Spikes Underwood Webb Mr. Speaker
On the passage of the Bill, the ayes were 89, nays 78.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Williams of the 16th served notice that at the proper time he would move that the House reconsider its action in failing to give the requisite consti tutional majority to the above captioned HB 114.
HB 209. By Messrs. Wells of the 30th, Blalock of the 33rd, Parker of the 55th, Smith of the 44th 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 minimum salaries established by the State Board of Education of drivers of certain school buses; and for other purposes.
The following committee amendment was read and adopted:
Education Committee moves to amend HB 209 by striking Section 2 in the entirety and substituting in lieu thereof a new Section 2 to read as follows:
The provisions of this Act shall not become effective until funds necessary to carry out provisions of this Act are made available through appropriations by the General Assembly.
An amendment presented by Mr. Jordan of the 103rd was read and lost.
526
JOURNAL OP THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Bean Bedgood Bennett Berry Black Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Cook Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dorminy Doster Drew Duncan
Egan Elliott Evensen Farrar Fleming Floyd Fulford Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Houston Howard Hull Hutchinson Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Lambert Lambros Lane
Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Powers Rainey Reaves Reid Richardson Roach
THURSDAY, JANUARY 27, 1966
527
Ross Rowland Russell Savage Sherman Sims Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers
Stalnaker Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Town send Tucker Tye Underwood
Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Voting in the negative was Mr. Etheridge.
Those not voting were Messrs.:
Barber Barfield Blair Bowen Collins, M. Conger Conner Cox Dollar
Funk Howell Irvin Jordan, W. H. Knight Land McClatchey Melton
Nessmith, P. Phillips Pickard Rush Shields Simkins Sullivan Mr. Speaker
On the passage of the Bill, as amended, the ayes were 178, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Collins of the 88th stated that he had been called from the floor of the House when the vote was taken, but had he been present, would have voted "aye" on HB 209.
Mr. Howell of the 86th stated that he had been called from the floor of the House when the vote was taken, but had he been present, would have voted "aye" on HB 209.
528
JOURNAL OF THE HOUSE,
HB 41. By Messrs. Matthews of the 29th, Rowland of the 48th, Elliott of the 107th and others:
A Bill to be entitled an Act to amend an Act creating the State Board of Workmen's Compensation, as amended, so as to change the compensa tion of the Chairman and the other two members of the board; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Bagby Bean Bedgood Bennett Black Blair Blalock Brinkley Brown, B. D. Bryant Busbee Caldwell Carley Games Carr Gates Chandler Clarke, H. G. Clark, J. T. Colwell Cook Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Drew Duncan Egan
Elliott Etheridge Evensen Farrar Fleming Fulford Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Henderson Herndon Higginbotham Hill Hood Houston Howard Howell Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Kiley
Knapp Lambros Lee, W. J. (Bill) Lee, W. S. Le vitas Longino Lowrey Maddox Marshall Matthews, C. Mauldin McClatchey McCracken Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Paris Parrish Pickard Powers Reid Richardson Roach Ross Rowland
THURSDAY, JANUARY 27, 1966
529
Russell Savage Sherman Shields Sims Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow
Spillers Starnes Steis Stewart Story Sweat Thompson, A. W. Townsend Tucker Tye Underwood
Vaughan, D. N. Vaughn, C. R. Walling Watson Wells Westlake Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Alien Barber Barfield Berry Bowen Brackin Brantley Brown, C. Brown, M. P. Byrd Collins, J. F. Collins, M. Conger Conner Cox Crowe Dollar Dorminy Doster Floyd Funk Gary
Harrell Harrison Holder Irvin Jordan, Ben C. Jordan, W. H. Knight Lambert Land Lane Lea, F. R. Leonard Lewis Lovell Lovett Malone Matthews, D. R. McDaniell Melton Nessmith, P. Newton, D, L. Pafford Palmer
Parker Peterson Phillips Rainey Reaves Rush Simkins Smith, J. R. Spikes Stalnaker Stovall Sullivan Taylor Thomas Thompson, R. Ware Watkins Webb Wiggins Williams, G. J. Wilson, J. 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. Lambert of the 38th stated that he had been called from the floor of the House when the vote was taken, but had be been present, would have voted "aye" on HB 41.
Mr. Floyd of the 7th stated that he had been called from the floor of the House when the vote was taken on HB 41, but had he been present, would have voted "aye".
530
JOURNAL OF THE HOUSE,
By unanimous consent, the following Resolution of the House was withdrawn from consideration and recommitted to the Committee on Judiciary for further study:
HR 32-48. By Messrs. Harris of the 118th and Vaughn of the 117th:
A Resolution proposing an amendment to the Constitution so as to pro vide the periods of State and county residence for persons to be allowed to register and vote; and for other purposes.
By unanimous consent, further consideration of the following Bill of the House was postponed until Monday morning, January 31, 1966:
HB 164. By Messrs. Wells of the 30th, Richardson of the 116th, Jones of the 112th and others: A Bill to be entitled an Act to amend an Act amending the adoption laws, approved March 27, 1941, as amended, so as to change the waiting period before the final adoption; and for other purposes.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 110. By Messrs. Bean of the 119th, Lee of the 79th, Busbee of the 79th and Harris of the 118th: A Bill to be entitled an Act to amend Code Chapter 23-11, relating to the office of county surveyor, so as to provide certain qualifications for the position of county surveyor; and for other purposes.
The following amendment was read and adopted:
Mr. Richardson of the 116th moves to amend HB 110 as follows:
By striking Section 4 in its entirety and inserting in lieu thereof the following:
"The provisions of this Act shall become effective immediately, provided however, that any person currently holding the position of County Surveyor, either elected or appointed, shall not be re quired to meet the qualifications as enumerated under this Act so long as said person remains in position of County Surveyor whether reappointed or reelected to his position."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
THURSDAY, JANUARY 27, 1966
531
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Alien Bean Bedgood Brinkley Brown, B. D. Brown, C. Bryant Busbee Caldwell Carley Carnes Carr Gates Cook Cox DeLong Dixon Egan Elliott Evensen Farrar Fleming Gaissert Gaynor Gignilliat Grahl Grier Hamilton Harris, J. F.
Harris, J. R. Henderson Higginbotham Hill Holder Howard Hull Hutchinson Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Lambros Lea, F. R. Lee, W. S. Leonard Le vitas Lovett Malone Matthews, C. McClatchey McDaniell Moore, J. H. Odom Oglesby Overby Palmer Parrish Powers Roach
Rowland Russell Sherman Sims Smith, G. L. II Snellings Snow Spikes Steis Stewart Story Stovall Sweat Taylor Thompson, A. W. Townsend Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watson Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Anderson Black Blair Blalock Brackin Brown, M. P. Byrd Chandler Clarke, H. G. Collins, M. Colwell Dailey Davis Dean
Dickinson Dillon Doster Drew Duncan Fulford Gary Hadaway Harrington Harrison Hawkins Herndon Hood Howell
Johnson, Dr. A. S. Lambert Lane Lewis Longino Lovell Lowrey Marshall Mauldin Merritt Minge Mitchell Mixon Moore, Don C.
532
Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Otwell Paris Rainey
JOURNAL OP THE HOUSE,
Reaves Reid Richardson Ross Savage Smith, W. L. Spillers
Stalnaker Starnes Thomas Tucker Watkins Webb
Those not voting were Messrs.:
Abney Bagby Barber Barfield Bennett Berry Bowen Brantley Clark, J. T. Collins, J. F. Conger Conner Crowe Daugherty Dollar Dorminy Etheridge
Ployd Funk Hale Harrell Harris, R. W. Houston Irvin Johnson, B. Jones, C. M. Jordan, W. H. Knight, D. W. Land Lee, W. J. (Bill) Maddox Matthews, D. R. McCracken Melton
Newton, D. L. Pafford Parker Peterson Phillips Pickard Rush Shields Simkins Smith, A. B. Smith, J. R. Smith, V. T. Sullivan Thompson, R. Underwood Wells Mr. Speaker
On the passage of the Bill, as amended, the ayes were 91, nays 62.
The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.
Mr. Bean of the 119th served notice that at the proper time, he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 110.
HB 127. By Mr. Dean of the 20th:
A Bill to be entitled an Act creating the offices of the State Highway Board, as amended, so as to authorize payment of subsistence in an amount not to exceed $1.25 per day in addition to other compensation to certain employees of the State Highway Department assigned to certain residences; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
THURSDAY, JANUARY 27, 1966
533
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alien Bagby Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Games Carr Gates Chandler Clarke, H. G. Collins, M. Colwell Cook Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dorminy Doster Drew Duncan Egan Elliott Etheridge Evensen Farrar Fleming Gaissert Gary Gignilliat Grahl Grier Hadaway Hale Harrell
Harrington Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howard Howell Hull Hutchinson Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey MeDaniell Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Odom Oglesby Otwell
Overby Pafford Palmer Paris Parrish Peterson Powers Rainey Reaves Reid Richardson Roach Ross Rowland Russell Savage Sherman Shields Sims Smith, A. B. Smith, G. L. II Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Town send Tucker Tye Underwood Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
534
JOURNAL OP THE HOUSE,
Those not voting were Messrs.:
Alexander Anderson Barber Barfield Bean Bedgood Bennett Berry Bowen Brantley Clark, J. T. Collins, J. P. Conger Conner Cox Crowe Dollar
Ployd Pulford Funk Gaynor Hamilton Harris, J. P. Houston Irvin Johnson, B. Jones, C. M. Jordan, W. H. Knight Land Lane Levitas McCracken Melton
Mitchell NeSmith, J. D. Newton, D. L. Parker Phillips Pickard Dewey Simkins Smith, J. R. Smith, V. T. Spikes Sullivan Thompson, R. Vaughan, D. N. Ware Watkins 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 155. By Messrs. Minge of the 13th, Steis of the 100th, Starnes of the 13th and others:
A Bill to be entitled an Act to amend an Act which authorized the ac ceptance and payment of cash bonds from persons charged with certain violations, as amended, to include within the purview of said Act violation of public drunkenness laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alexander Alien Bagby Bedgood Blair Blalock
Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee
Byrd Carley Carnes Carr Gates Clarke, H. G. Collins, M.
THURSDAY, JANUARY 27, 1966
535
Colwell Cook
Cox
Davis Dean DeLong Dickinson Dillon Dorminy Doster Drew Duncan Egan Etheridge Evensen Farrar Fleming Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrington Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Holder Hood Hull Hutchinson Johnson, A. S. Dr.
Jones, G. Paul Jones, M. Kiley Lambros
Lea, F. R. Lee, W. S. Leonard Le vitas Lewis Lovell Lowrey Maddox M alone Matthews, C. Matthews, D. R. Mauldin Merritt Minge Mixon Moore, Don. C. Moore, J. H. Murphy Nessmith, P. Odom Oglesby Otwell Overby Pafford Palmer Paris Parrish Peterson Powers Rainey Reaves Reid Richardson
Roach Rowland Russell Savage Sherman Shields Sims Smith, A. B. Smith, G. L. II Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Townsend Tucker Tye Underwood Vaughn, C. R. Walling Watkins Watson Webb Westlake Wiggins Williams, G. J. Wilson, R. W.
Those voting in the negative were Messrs.:
Hill
Williams, W. M.
Wood
Those not voting were Messrs.:
Adams Anderson Barber Barfield Bean Bennett Berry Black Bo wen
Brantley Caldwell Chandler
Clark, J. T. Collins, J. F. Conger Conner Crowe Dailey
Daugherty Dixon Dollar Elliott Floyd Fulford
Funk Gary
Harrell
536
Harris, J. F. Higginbotham Houston Howard Howell Irvin Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Knapp Knight Lambert Land
JOURNAL OF THE HOUSE,
Lane Lee, W. J. (Bill) Longino Lovett Marshall McClatchey McCracken McDaniell Melton Mitchell NeSmith, P. Newton, A. S. Newton, D. L. Parker
Phillips Pickard Ross Rush Simkins Smith, J. R. Smith, V. T. Spikes Thompson, R. Vaughan, D. N. Ware Wells Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 132, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, further consideration of the following Bill of the House was postponed until Monday, January 31st:
HB 254. By Messrs. Story of the 22nd, Williams of the 16th, Johnson of the 40th and others:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide that motor vehicles upon the highways of this State shall display lighted lamps while it is raining; and for other purposes.
Mr. Busbee of the 79th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
FRIDAY, JANUARY 28, 1966
537
Representative Hall, Atlanta, Georgia Friday, January 28, 1966.
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by Mr. Steis of the 100th District, who was designated by the Speaker to perform the duties of the Chair during the period of unani mous consents.
Prayer was offered by Rev. Bob Kerr, Pastor, Maple Avenue Methodist Church, Marietta, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Mr. Matthews of the 29th reported that the Journal of the previous legisla tive day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 345. By Mr. Collins of the 88th: A Bill to be entitled an Act relating to the City of Pelham, so as to authorize the mayor and council to alter, change, close and abandon
538
JOURNAL OF THE HOUSE,
streets and alleys when found beneficial to do so; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 346. By Mr. Wilson of the 109th:
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 a personal exemption of $1200 for each dependent of the taxpayer's net income if such dependent attends a school for the physically handicapped; and for other purposes.
Referred to the Committee on State of Republic.
HB 347. By Messrs. Wilson of the 102nd, Howard and McDaniell of the 101st, Henderson of the 102nd and Jordan of the 103rd:
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.
Referred to the Committee on Local Affairs.
HR 159-347. By Messrs. Evensen, Westlake, Bean, and Higginbotham of the 119th and Malone of the 117th:
A Resolution proposing an amendment to the Constitution so as to empower the General Assembly to authorize the governing authority of DeKalb County to levy a fee upon certain types and kinds of con struction; and for other purposes.
Referred to the Committee on Local Affairs.
HB 348. By Mr. Underwood of the 61st:
A Bill to be entitled an Act to abolish the present mode of compensating the Sheriff of Treutlen 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 349. By Mr. Underwood of the 61st:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Montgomery 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.
FRIDAY, JANUARY 28, 1966
539
HB 350. By Messrs. Bagby of the 21st, Murphy of the 26th and Paris of the 23rd:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to declare that it shall be the public policy of the State of Georgia that no motor vehicle shall be sold for use upon public roads unless such vehicle is equipped and in condition that it will be approved by any laws relating to inspec tions; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 351. By Mr. Bagby of the 21st:
A Bill to be entitled an Act to provide that all vehicle tires manufac tured, sold or distributed in the State of Georgia shall have the date of the processing of said tires and a serial number stamped thereon in raised letters, so as to protect the citizens of the State of Georgia against misrepresentation and fraud in the manufacture, sale and dis tribution of vehicle tires; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 352. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act creating the Lookout Judicial Circuit, so as to provide that the judges of said circuit shall be entitled to receive no compensation for their services as such, except the compensation authorized by general law; and for other purposes.
Referred to the Committee on Local Affairs.
HB 353. By Messrs. Bagby of the 21st, Murphy of the 26th and Paris of the 23rd:
A Bill to be entitled an Act to provide for confirmation of sales under powers of sales contained in any contract, bill of sale to secure a debt, conditional sales contract, or any other agreement on personal property; and for other purposes.
Referred to the Committee on Judiciary.
HB 354. By Mr. Bagby of the 21st:
A Bill to be entitled an Act to provide a tax on transfers of stock and other corporate certificates; to provide for the amount of the tax; to provide an additional emergency tax; and for other purposes.
Referred to the Committee on Ways and Means.
HB 355. By Mr. Rainey of the 69th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court, the Sheriff, the Ordinary and the
540
JOURNAL OF THE HOUSE,
Tax Commissioner of Crisp County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 356. By Messrs. McClatchey of the 138th, Brown of the 120th, Longino of the 122nd, Lambros of the 130th, Adams of the 125th and Lea of the 126th and others:
A Bill to be entitled an Act to amend the act approved August 20, 1927 to provide that cities having a population of more than 150,000 shall furnish pensions to all officers and employees of such cities, so as to provide additional pension benefits to former officers and employees who have been awarded pensions under the terms of this Act; and for other purposes.
Referred to the Committee on Local Affairs.
HR 161-356. By Mr. Clark of the 2nd:
A Resolution proposing an amendment to the Constitution so as to re move the authority of the board of tax administrators for Catoosa County to levy taxes; and for other purposes.
Referred to the Committee on Local Affairs.
HB 357. By Messrs. NeSmith of the 43rd, Howard of the 101st, Jordan of the 103rd, Reaves of the 99th, Herndon of the 74th, McCracken of the 49th, Blalock of the 33rd and others:
A Bill to be entitled an Act to amend an Act creating the Franklin D. Roosevelt Warm Springs Memorial Commission, so as to provide that the Governor shall appoint all successors to members of the Commission; and for other purposes.
Referred to the Committee on State of Republic.
HB 358. By Messrs. Bagby of the 21st and Murphy of the 26th:
A Bill to be entitled an Act to provide the conditions under which deficiency judgments may be taken after foreclosure under powers in any security agreement involving tangible personal property; and for other purposes.
Referred to the Committee on Judiciary.
HR 162-358. By Mr. Floyd of the 7th:
A Resolution compensating Mr. Glenn Hendrix; and for other pur poses.
Referred to the Committee on Appropriations.
FRIDAY, JANUARY 28, 1966
541
HB 359. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Muscogee County, so as to change the time of the election of a chairman and vice-chairman for said Board from the first meeting in January following the General Election at which a new member shall have been elected; and for other purposes.
Referred to the Committee on Local Affairs.
HB 360. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend Code Section 23-1704, providing for contractors to give bond on contracts for building or repairing any public building, so as to provide that in certain counties that one good and solvent security for the faithful performance of the contract and to indemnify the county for any damages occasioned by failure, shall be sufficient; and for other purposes.
Referred to the Committee on Local Affairs.
HB 361. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act known as the Urban Redevelopment Law, so as to provide that in certain counties the term "municipality" used in said Act shall also mean "County" and to provide further that in any such county all powers, privileges, duties and immunities now or heretofore granted to municipalities are hereby granted to every such county; and for other purposes.
Referred to the Committee on Local Affairs.
HB 362. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act regulating traffic on the streets and highways of this State, so as to provide that in certain counties, law enforcement vehicles may be equipped with a lighted lamp displaying a flashing blue light; and for other purposes.
Referred to the Committee on Local Affairs.
HB 363. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend Code Section 23-1703, relating to the method of giving notice of the letting of county contracts for pub lic buildings or other public works, so as to provide that in certain counties notice of the contract to be let may be given by publishing
542
JOURNAL OF THE HOUSE,
such notice once a week for only two weeks in the newspaper wherein the sheriff's sales are advertised; and for other purposes.
Referred to the Committee on Local Affairs.
HB 364. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act providing for a perma nent pension fund for certain present and future employees of Mus cogee County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 163-364. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to consolidate and combine the Museogee County and City of Columbus Tax Assessors for both real and personal property; and for other purposes.
Referred to the Committee on Local Affairs.
HR 164-364. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth: A Resolution proposing an amendment to the Constitution so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Columbus and Muscogee County Building Commission; and for other purposes.
Referred to the Committee on Local Affairs.
HB 365. By Mr. Doster of the 73rd: A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Wilcox 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 366. By Messrs. Harris and Carley of the 118th: A Bill to be entitled an Act to provide that it shall be unlawful for any person to knowingly and willfully instigate, engage in or do anything in furtherance of an act of cruelty to any wild animal; and for other purposes.
Referred to the Committee on Game and Fish.
FRIDAY, JANUARY 28, 1966
543
HB 367. By Messrs. Lee, Gary and Harrell of the 35th:
A Bill to be entitled an Act to change the name of a certain militia district located in Clayton County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 368. By Mr. Brown of the 19th:
A Bill to be entitled an Act to amend Code Section 24-2715, relating to the duties of the clerks of superior court, so as to provide for the keep ing of facilities to file wills of persons still in life; and for other pur poses.
Referred to the Committee on Ways and Means.
HB 369. By Mr. Lovell of the 6th:
A Bill to be entitled an Act to amend an Act superseding and consoli dating the laws relating to the State Game and Fish Commission, so as to authorize the State Game and Fish Commission to appoint deputy wildlife rangers of the State-at-Large; and for other purposes.
Referred to the Committee on Game and Fish.
HB 370. By Messrs. Richardson of the 116th, Smith of the 3rd and Jones of the 109th:
A Bill to be entitled an Act to amend the Georgia Election Code, as the same is codified in Title 34 of the Code of Georgia, relating to the comprehensive regulation of primaries and federal, State and county elections, so as to provide that municipal primaries and elections shall be regulated by the Georgia Election Code; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 371. By Messrs. Richardson of the 116th, Smith of the 3rd and Jones of the 109th:
A Bill to be entitled an Act to amend Code Section 87-203, relating to the issuance of bonds, to provide that the proper officers of a county, municipality or political division may issue bonds in accordance with the Constitution of the State of Georgia; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 165-371. By Messrs. Richardson of the 116th, Smith of the 3rd and Jones of the 109th:
A Resolution proposing an amendment to the Constitution so as to provide that returns for every election of Governor shall be transmitted by the election officers to the Secretary of State who shall cause said
544
JOURNAL OF THE HOUSE,
returns to be presented to the Senate the day after the two Houses are organized, and said returns shall be transmitted by the Senate to the House of Representatives; and for other purposes.
Referred to the Committee on Judiciary.
HR 166-371. By Messrs. Richardson of the 116th, Smith of the 3rd and Jones of the 109th:
A Resolution proposing an amendment to the Constitution so as to pro vide that a person shall be entitled to register and vote at any elec tion by the people if he has resided in this State at least one hundred and eighty days, and in the county or municipality at least ninety days next preceding the election in which he offers to vote; and for other purposes.
Referred to the Committee on Judiciary.
HB 372. By Messrs. Howard of the 101st and Jordan of the 103rd:
A Bill to be entitled an Act to provide that the judge or judges of every court of this State having jurisdiction of the violation of traffic laws or traffic ordinances which occur outside corporate limits of munici palities may provide by written order for the establishment of a traffic violations Bureau; and for other purposes.
Referred to the Committee on Judiciary.
HB 373. By Messrs. Overby of the 16th, Sullivan of the 95th, Sherman of the 105th, Simkins of the 106th and Jones of the 109th:
A Bill to be entitled an Act to amend an Act known as the "Motor Fuel Tax Law", so as to change the excise tax imposed upon all dis tributors of motor fuel; and for other purposes.
Referred to the Committee on Ways and Means.
HB 374. By Messrs. Overby of the 16th, Sullivan of the 95th, Sherman of the 105th and Simkins of the 106th:
A Bill to be entitled an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt products which are chiefly used as a fuel for the propulsion of motor vehicles on the public highways; and for other purposes.
Referred to the Committee on Ways and Means.
HB 375. By Mr. Jones of the 109th:
A Bill to be entitled an Act to amend an Act relating to the State High way Board, so as to change the procedure relating to the expenditure of certain funds by the State Highway Board; and for other purposes.
Referred to the Committee on Highways.
FRIDAY, JANUARY 28, 1966
545
HR 167-375. By Mr. Fleming of the 106th:
A Resolution relative to a monument for the 1st Cavalry Division; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HB 376. By Mr. Carley of the 117th:
A Bill to be entitled an Act to amend an Act prescribing an additional procedure for the exercise of the power of eminent domain by the State of Georgia, so as to provide for the posting, publishing and mail ing of notices to known non-resident owners and others; and for other purposes. Referred to the Committee on Judiciary.
HB 377. By Messrs. Carley and Vaughn of the 117th, Harris and Levitas of the 118th and Snow of the 1st:
A Bill to be entitled an Act to amend an Act providing for the dismissal of suits in the courts of this State when they have been pending for a period of 5 years or longer, so as to extend the provisions of this Act to other actions and proceedings; and for other purposes.
Referred to the Committee on Judiciary.
HB 378. By Mr. Hadaway of the 46th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Gray, so as to change the corporate limits of said city; to provide for filling vacancies in the offices of mayor and councilman; and for other purposes.
Referred to the Committee on Local Affairs.
HB 379. By Messrs. Barber of the 24th, Carnes of the 129th, Dillon of the 128th, Adams of the 125th and others:
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 . . ."; so as to provide that any person who was granted an "Official Military Leave" to do or perform duties with the Armed Forces may receive prior service credit for such period of time for retirement purposes; and for other purposes.
Referred to the Committee on Education.
HB 380. By Messrs. Adams of the 125th, Carnes of the 129th, Dillon of the 128th, Gates of the 123rd, Brown of the 135th and others:
A Bill to be entitled an Act to amend Code Section 92-3107, relating to the definition of "gross income", so as to provide that "gross income"'
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shall not include amounts received as retirement income by persons who are 65 years of age or over, under the provisions of the Federal Civil Service Retirement Law; and for other purposes.
Referred to the Committee on Ways and Means.
HB 381. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd and Jordan of the 103rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Acworth, so as to change election laws for the Mayor and Board of Alderman; and for other purposes.
Referred to the Committee on Local Affairs.
HR 168-381. By Mr. Otwell of the 10th: A Resolution compensating Charles L. Wilson; and for other purposes.
Referred to the Committee on Appropriations.
HR 169-381. By Mr. Harris of the 14th: A Resolution compensating Warren Marchialette; and for other pur poses.
Referred to the Committee on Appropriations.
HR 170-381. By Mr. Vaughan of the 14th: A Resolution compensating Miss Marie Morgan and Mrs. Bertha Wilkins; and for other purposes.
Referred to the Committee on Appropriations.
HB 382. By Mr. Jones of the 112th: A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to reopen survivors benefits for certain persons; and for other purposes.
Referred to the Committee on Judiciary.
HB 383. By Mr. Hutchinson of the 79th: A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation to operate an ambulance which is answering an emergency call unless said ambulance shall contain a person who has successfully completed a course in emergency first aid; and for other purposes.
Referred to the Committee on Judiciary.
FRIDAY, JANUARY 28, 1966
547
HR 171-383. By Messrs. Chandler and Harrington of the 47th:
A Resolution to compensate Reverend James L. Travis; and for other purposes.
Referred to the Committee on Appropriations.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 304. By Mr. Farrar of the 118th:
A Bill to be entitled an Act to create a State Council for the Preserva tion of Natural Areas; and for other purposes.
HR 149-304. By Messrs. Farrar and Walling of the 118th:
A Resolution authorizing General Assembly to provide for indemnify ing of private citizen, his spouse or child for personal injury, death or damage to property sustained in preventing commission of a crime or in assisting a peace officer in prevention of a crime or apprehension of a criminal; and for other purposes.
HR 150-304. By Mr. Mauldin of the 18th:
A Resolution authorizing the conveyance of a certain tract of land in Franklin County to Garner D. Crump; and for other purposes.
HB 305. By Mr. Clark of the 2nd:
A Bill to be entitled an Act to repeal an Act creating a Board of Utility Commissioners for Catoosa County, so as to provide that all vacancies on the Board of Utility Commissioners shall be filled by appointment by the governing authority; and for other purposes.
HB 306. By Messrs. Sherman of the 105th, Fleming of the 106th, Clarke of the 45th, Knapp of the 109th, Lee of the 79th and many others:
A Bill to be entitled an Act to regulate the sale of admission tickets to athletic contests other than those of colleges of the University Sys tem of Georgia, so as to provide that no ticket to athletic contests regulated by this Act shall be sold for more than $1.00; and for other purposes.
HB 307. By Messrs. Harris and Smith of the 85th:
A Bill to be entitled an Act to amend Code Section 27-902, relating to amount of bail in misdemeanor cases, so as to provide that sheriffs and constables may accept cognizance bonds in certain misdemeanor cases involving military personnel; and for other purposes.
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JOURNAL OP THE HOUSE,
HB 308. By Mr. Moore of the 12th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Stephens County upon an annual salary, so as to in crease the allotment of county funds for the purpose of compensating personnel within his office; and for other purposes.
HB 309. By Mr. Moore of the 12th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues in the County of Stephens, so as to change the terms of office of the commissioners; and for other pur poses.
HB 310. By Messrs. Brantley of the 63rd, Nessmith of the 64th, Smith of the 54th, Newton and Matthews of the 94th 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 relating to the participation by the State Government and local gov ernments in the cost of the minimum foundation program; and for other purposes.
HB 311. By Mr. Moore of the 12th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Stephens County upon an annual salary, so as to increase the allot ment to the ordinary for the purpose of compensating personnel within his office; and for other purposes.
HB 312. By Mr. Savage of the 58th:
A Bill to be entitled an Act creating a Small Claims Court in each county having a certain population; and for other purposes.
HB 313. By Mr. Collins of the 62nd: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Toombs County, so as to change the maximum compensation of the clerk of the Board of Commissioners; and for other purposes.
HR 151-313. By Mr. Collins of the 62nd: A Resolution compensating Mr. T. H. Sapp; and for other purposes.
HR 152-313. By Mr. Collins of the 62nd: A Resolution proposing an amendment to the Constitution so as to create the Toombs County Development Authority; and for other pur poses.
FRIDAY, JANUARY 28, 1966
549
HB 314. By Messrs. Bedgood and Matthews of the 29th, .Lowrey and Starnes of the 13th, Anderson of the 71st, Hadaway of the 46th and many 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 exempt therefrom certain transactions wherein personal property is furnished by certain governmental units for the purpose of installing, repairing or extending water, gas or sewage system; and for other purposes.
HB 315. By Messrs. Conger and Dollar of the 89th:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Decatur County, known as the fee system; and for other purposes.
HB 316. By Messrs. Conger and Dollar of the 89th:
A Bill to be entitled an Act to amend an Act relating to the establish ment of the City Court of Bainbridge in the county of Decatur, so as to provide that the sheriff of the City Court of Bainbridge shall receive no compensation for his services as such except which is prescribed for his duties as sheriff of Decatur County; and for other purposes.
HB 317. By Messrs. Conger and Dollar of the 89th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bainbridge, so as to decrease the number of aldermen; and for other purposes.
HB 318. By Mr. Hull of the 104th:
A Bill to be entitled an Act to amend an Act relating to incorporating the Trustees of the Masonic Hall in the City of Augusta, so as to enlarge the powers of the Trustees with respect to providing a Masonic Hall for the use of certain Masonic institutions; and for other pur poses.
HB 319. By Messrs. Lambros of the 130th and Sims of the 131st:
A Bill to be entitled an Act to provide for the issuance and use of distinctive flags or distress signals by handicapped or paraplegic drivers of motor vehicles; and for other purposes.
HR 153-319. By Messrs. Dollar and Conger of the 89th: A Resolution authorizing the Governor to execute a permanent eassment in behalf of the State of Georgia over certain property located in Bainbridge State Park, Decatur County, Georgia, to the United States of America, to be used in connection with the Jim Woodruff Dam and Reservoir; and for other purposes.
550
JOURNAL OP THE HOUSE,
HB 320. By Messrs.- Carley, Palmer, Malone and Vaughn of the 117th, Harris, Levitas, Walling and Farrar of the 118th, Bean, Evensen, Higginbotham and Westlake of the 119th:
A Bill to be entitled an Act to fix the salary of the judge of the juvenile court in certain counties; and for other purposes.
HB 321. By Messrs. Chandler and Harrington of the 47th, Paris of the 23rd, Rainey of the 69th and Brown of the 19th:
A Bill to be entitled an Act to amend an Act providing for payment of the cost of care of persons admitted to state institutions coming under the control of the State Board of Health or Department of Public Health, so as to delete certain definitions; and for other purposes.
HR 154-321. By Mr. Maddox of the 8th:
A Resolution proposing an amendment to the Constitution so as to create the Gordon County Development Authority; and for other pur poses.
HB 322. By Messrs. Jones of the 76th and Smith of the 114th:
A Bill to be entitled an Act to amend Code Title 109A known as the "Uniform Commercial Code", so as to provide definitions for the words "clearing corporation" and "custodian bank"; to provide for establish ing means for accomplishing appropriate delivery, transfer and pledge of investment securities within a Central Depository System; and for other purposes.
HB 323. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend Code Chapter 36-11, relating to the condemnation of property by those authorities who possess the power of eminent domain, so as to define the phrase "just and adequate compensation" as contained therein and pursuant to the Authority con tained within Article I, Section III, Paragraph I of the Constitution; and for other purposes.
HB 324. By Messrs. Newton of the 94th, Marshall of the 30th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th and Black of the 56th:
A Bill to be entitled an Act to amend an Act known as the "Structural Pest Control Act", so as to provide for the election of a Vice-Chairman from the membership of the Commission; and for other purposes.
HB 325. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th, and Black of the 56th:
A Bill to be entitled an Act to amend an Act entitled "An Act to be known as the 'Georgia Food Act'" so as to regulate the manufacture,
FRIDAY, JANUARY 28, 1966
551
sale, delivery and the holding or offering for sale of food; and for other purposes.
HB 326. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th, and Black of the 56th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Fertilizer Act of 1960", so as to provide for renewals of registration; and for other purposes.
HB 327. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th, Collins of the 88th and Reaves of the 99th:
A Bill to be entitled an Act to amend an Act relating to the regulation and sale of livestock at auctions, so as to provide that every operator of a sales establishment for the sale of livestock at auction shall main tain a custodial account in a national or state chartered bank; and for other purposes.
HB 328. By Messrs. Sullivan, Barfield and Bennett of the 95th:
A Bill to be entitled an Act to place the sheriff of Lowndes County upon an annual salary; to provide for the disposition of all fees and commissions formerly allowed the sheriff as compensation; and for other purposes.
HR 155-328. By Messrs. Lambros of the 130th, Hawkins of the 139th, Cox of the 127th, Games of the 129th, Adams of the 125th and others:
A Resolution creating an interim committee to study the problems associated with mental health, mental retardation, and all matters relat ing thereto and the facilities associated therewith in Fulton County; and for other purposes.
HB 329. By Mr. Ware of the 42nd:
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 municipalities located in certain counties of this State; and for other purposes.
HB 330. By Messrs. Russell of the 92nd, Lambert of the 38th, Reaves of the 99th and Collins of the 88th:
A Bill to be entitled an Act to prohibit the sale or the offering for sale in this State of any meat imported from without the boundaries of the United States or any meat product containing such imported meat without labeling such imported meat or meat product; and for other purposes.
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JOURNAL OF THE HOUSE,
HR 156-330. By Mr. Russell of the 92nd:
A Resolution authorizing the conveyance of a certain tract of Stat&owned property in Thomas County to Wade E. Freeman; and for other purposes.
HB 331. By Mr. Webb of the 65th:
A Bill to be entitled an Act to repeal an Act creating and establishing the City Court of Pembroke in and for the County of Bryan, so as to provide for the disposition of all suits, cases, papers, processes, books, indices and other matters of said court; and for other purposes.
HB 332. By Mr. Webb of the 65th:
A Bill to be entitled an Act to amend an Act creating and establishing the office of County Treasurer of Bryan County, so as to raise the salary of the Treasurer of Bryan County; and for other purposes.
HB 333. By Messrs. Bowen of the 69th, Lane of the 64th, Alien of the 93rd, Smith of the 44th, Dollar of the 89th, Clark of the 2nd, and others:
A Bill to be entitled an Act to amend Code Section 13-9933, relating to making or delivery of worthless checks, drafts or orders for payment of money, so as to provide that any person who shall make, draw, utter or deliver any check, draft or order for the payment of money, know ing at the time of having no funds or insufficient funds on deposit in any such bank, shall be guilty of a misdemeanor; and for other pur poses.
HB 334. By Messrs. Spillers of the 37th, Barber of the 24th, Rainey of the 69th, NeSmith of the 43rd, Otwell of the 10th, Williams of the 82nd and others:
A Bill to be entitled an Act to provide that the Department of Public Safety may issue a special learner's permit to any person who is 14 years of age or over and who is physically and mentally able to operate a motor driven cycle; and for other purposes.
HB 335. By Messrs. Mitchell and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act known as the Georgia Water Quality Control Act, so as to amend the powers of the Georgia Water Quality Control Board to remove the requirement of mandatory hearing prior to the rendition of any order by the Board; and for other purposes.
HB 336. By Messrs. Wells of the 30th, Moore of the 20th, Matthews and Bedgood of the 29th, Johnson of the 40th, Dean of the 20th, Moore of the 12th and Brown of the 19th:
A Bill to be entitled an Act to amend Code Section 26-2603, relating to the larceny of certain motor vehicles, so as to provide for a new
FRIDAY, JANUARY 28, 1966
553
definition of motor vehicles covered under the provisions of this Act; to provide that the theft of parts of these vehicles shall also be a crime; and for other purposes.
HB 337. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend Code Section 92-2406, relating to taxation of shares of banks and banking associations organized under authority of this State or the United States, so as to provide for the proper calculation of the market value of the shares of such a bank, by fixing the market value of the shares as the capital, surplus and un divided profits; and for other purposes.
HB 338. By Messrs. Etheridge of the 123rd, Overby of the 16th, Tucker of the 36th, Grahl of the 52nd, Vaughn of the 117th, McCracken of the 49th and Daugherty of the 134th:
A Bill to be entitled an Act to provide for the defense of indigents, so as to provide for the appointment of counsel and authorize the estab lishment of the Office of Public Defender; and for other purposes.
HR 157-338. By Messrs. Chandler and Harrington of the 47th:
A Resolution conveying a certain lot, tract or parcel of land and all permanent improvements made thereon or connected therewith within the 320th Militia District of Baldwin County, Georgia to the Wardens and vestry of St. Stephen's Church and their successors, in Milledgeville, Georgia; and for other purposes.
HB 339. By Messrs. Hawkins of the 139th Hood of the 124th, Brown of the 120th, Adams of the 125th, Longino of the 122nd and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education", so as to increase the amount of dependent benefits from 50% to 60%; and for other purposes.
HB 340. By Messrs. Hawkins of the 139th, McClatchey of the 138th, Lambros of the 130th, Hood of the 124th, Brown of the 120th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education", so as to provide that a teacher or employee may designate certain dependents as bene ficiaries; and for other purposes.
HB 341. By Messrs. Hawkins of the 139th, Dillon of the 128th, Hood of the 124th, Adams of the 125th, Grier of the 132nd, Brown of the 120th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to
554
JOURNAL OF THE HOUSE,
teachers and employees of the Board of Education, so as to provide for refund of a portion of employees' contributions in certain cases; and for other purposes.
HR 158-341. By Messrs. Chandler and Harrington of the 47th:
A Resolution authorizing the conveyance of all that certain lot, tract or parcel of land containing 2.82 acres together with any and all per manent improvements located thereon or connected therewith lying and being in the corporate limits of the City of Milledgeville within the 320th Militia District of Baldwin County, Georgia to the Board of Trustees of the Georgia Military College; and for other purposes.
HB 342. By Messrs. Story and Watson of the 22nd, Lambert of the 38th, Paris of the 23rd and Steis of the 100th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide certain require ments for vehicles transporting explosives; and for other purposes.
HB 343. By Messrs. Story of the 22nd, Mauldin of the 18th, Lane of the 64th, Moore of the 20th, Parker of the 55th, Watson of the 22nd and Alien of the 93rd:
A Bill to be entitled an Act to amend an Act establishing a retirement system for State Public Schools, so as to change the provisions relating to the designation, appointment and terms of office of the members of the Board of Trustees of the Teachers' Retirement System of Geor gia; and for other purposes.
HB 344. By Messrs. Harris of the 118th and Levitas of the 118th:
A Bill to be entitled an Act to provide that any person who steals an article representing a trade secret or copies an article representing a trade secret with intent to deprive the owner thereof, the control of such trade secrets shall be guilty of a crime; and for other purposes.
SB 2. By Senator Bateman of the 27th:
A Bill to amend Code Section 59-112, relating to persons exempt from jury duty, so as to provide the persons who shall be entitled to exemp tion from all jury duty; and for other purposes.
SB 6. By Senator Smalley of the 28th:
A Bill to amend Code Chapter 39-6, relating to the satisfaction of exe cutions, so as to provide for the entering upon the fi. fa. of part pay ments made on judgments; and for other purposes.
FRIDAY, JANUARY 28, 1966
555
SB 43. By Senator Ballew of the 50th:
A Bill to provide for a different time limit for the granting of adoptions under certain circumstances; to provide the circumstances under which the different time limits shall apply; and for other purposes.
SB 51. By Senators Salome of the 36th and Coggin of the 35th:
A Bill 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.
SR 9. 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, equipment and other personal property used within the home, tools and implements of trade of manual laborers, and domestic animals, from all ad valorem taxation for State, county, municipal and school purposes; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the follow ing Bills of the Senate, to-wit:
SB 4. By Senator Smalley of the 28th: A Bill to amend Code Sec. 81-202 relating to the service of process in civil actions, as amended, by an Act approved Feb. 1, 1946 (Ga. Laws 1946, p. 761), and an Act approved Dec. 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 440), so as to delete therefrom those provisions per mitting the defendant to be served by leaving a copy of the petition and process at the defendant's residence; and for other purposes.
SB 11. By Senators Webb of the llth, Carter of the 14th and others: A Bill to amend an Act creating the Georgia Educational Improve ment Council, approved March 8, 1964 (Ga. Laws 1964, p. 711), so as to provide for additional members; to provide for the appointment of such members; and for other purposes.
SB 55. By Senator Downing of the 1st: A Bill to require the identification of the registry of all ships, for the protection of the public; to require such information be contained in all promotional material; and for other purposes.
556
JOURNAL OP THE HOUSE,
SB 80. By Senator Fincher of the 51st:
A Bill to amend an Act relating to the dispensing of certain dangerous drugs, approved March 16, 1939 (Ga. Laws 1939, p. 288), as amended, so as to provide that it shall be unlawful for any person to obtain or attempt to obtain a dangerous drug or procure or attempt to procure the administration of such a drug under certain circumstances; and for other purposes.
SB 34. By Senators Ballew of the 50th, Kilpatrick of the 44th and others:
A Bill to amend Code Chapter 56-32 of the Code of Georgia of 1933, relating to property insurance, so as to provide for the inspection of property insured against fire; to provide for the measure of damages in the event the company fails to inspect the property; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House, to-wit:
HB 71. By Mr. Rush of the 75th:
A Bill to abolish the present mode of compensating the sheriff of Tattnall County, known as the fee system; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolution of the House, to-wit:
HB 12. By Messrs. Lambros of the 130th, Levitas of the 118th and others:
A Bill to amend an Act establishing a new charter for the City of Atlanta, relating to the office of the President of the Board of Alder men; and for other purposes.
HB 100. By Mr. Lea of the 126th:
A Bill to amend an Act to incorporate the City of Hapeville, so as to eliminate the benefits to a surviving spouse; and for other purposes.
HR 129. By Messrs. Brown of the 135th, Dillon of the 128th and others:
A Resolution extending a sincere welcome to the Atlanta Braves and the Atlanta Falcons; and for other purposes.
FRIDAY, JANUARY 28, 1966
557
Mr. Melton of the 34th District, 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 125. Do Pass by Substitute. HB 46. Do Pass. HB 343. Do Pass. HB 241. Do Pass.
Respectfully submitted, Melton of 34th, Chairman.
Mr. Brinkley of the 112th District, 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 211. Do Pass. HB 212. Do Pass. HB 213. Do Pass. HB 214. Do Pass. HB 215. Do Pass. HB 305. Do Pass. HB 308. Do Pass. HB 309. Do Pass. HB 311. Do Pass. HB 312. Do Pass. HB 313. Do Pass. HB 315. Do Pass. HB 316. Do Pass. HB 317. Do Pass. HB 320. Do Pass.
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JOURNAL OP THE HOUSE,
HB 328. Do Pass. HB 331. Do Pass. HB 332. Do Pass. HB 339. Do Pass. HB 340. Do Pass. HB 341. Do Pass.
Respectfully submitted, Brinkley of 112th, Chairman.
Mr. Smith of the 3rd District, 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 and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 335. Do Pass. HB 220. Do Pass as Amended. HB 233. Do Pass by Substitute.
Respectfully submitted, Smith of 3rd, Chairman.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 177. By Messrs. Carnes of the 129th, Daugherty of the 134th, Gates of the 123rd and others:
A Bill to be entitled an Act to amend an Act to establish the Criminal Court of Atlanta, as amended, by providing for the number of investi gators which may be appointed by the Solicitor-General of said Court; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
FRIDAY, JANUARY 28, 1966
559
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 266. By Mr. Savage of the 58th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Macon County on a salary basis in lieu of the fee system, as amended, so as to change the compensation of the ordinary; 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 267. By Mr. Savage of the 58th:
A Bill to be entitled an Act to amend an Act placing the tax receiver of Macon County on a salary basis in lieu of the fee system of com pensation, as amended, so as to change the compensation of the tax receiver; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 269. By Mr. McCracken of the 49th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Louisville, as amended, so as to provide that the book for registration of voters shall be opened at certain times and so as to reduce the penalty for failure to file tax returns from 100% to 10%; and for other purposes.
The report 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.
560
JOURNAL OF THE HOUSE,
HB 274. By Mr. Brackin of the 87th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenue for Miller County, as amended, so as to change the provisions relating to the compensation of the Chair man of the Board of Commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 275. By Mr. Floyd of the 7th: 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 276. By Mr. Floyd of the 7th: A Bill to be entitled an Act to amend an Act placing the sheriff of the Superior Court of Chattooga County on a 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, JANUARY 28, 1966
561
HB 277. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court of Chattooga County on a salary basis; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 278. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to repeal an Act establishing the City Court of Chattooga County, as amended, to provide an effective date; to re peal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 279. By Messrs. Lee, Gary and Harrell of the 35th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenue for Clayton County, as amended, so as to provide that the Clayton County purchasing agent shall be a full-time employee of Clayton County and shall be eligible to come under the Clayton County Civil Service System; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
562
JOURNAL OF THE HOUSE,
HB 280. By Mr. Otwell of the 10th:
A Bill to be entitled an Act to change the compensation of the clerk of the Superior Court, the sheriff and the tax commissioner 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 112, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 281. By Mr. Otwell of the 10th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Forsyth County, as amended, so as to provide for an expense allowance for 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 282. By Mr. Otwell of the 10th: A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Dawson 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 112, nays 0. The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, JANUARY 28, 1966
563
HB 285. By Messrs. Hale, Abney and Snow of the 1st:
A Bill to be entitled an Act to amend an Act abolishing the offices of the tax collector and tax receiver of Dade County and creating in lieu thereof the office of tax commissioner of Dade County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 286. By Messrs. Hale, Abney and Snow of the 1st:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenue for Dade County, so as to change the compensation of the Commissioner; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 287. By Messrs. Hale, Abney and Snow of the 1st:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Dade County upon an annual salary, so as to increase the maximum clerical expense allowance for the Ordinary; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
564
JOURNAL OF THE HOUSE,
HB 288. By Messrs. Hale, Abney and Snow of the 1st.
A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Dade 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 291. By Mr. Wells of the 30th:
A Bill to be entitled an Act to amend an Act incorporating the town of Farmington in the County of Oconee, so as to provide for an elec tion for the mayor and council; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 293. By Mr. Caldwell of the 51st: A Bill to be entitled an Act to place the Ordinary 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 294. By Mr. Caldwell of the 51st: A Bill to be entitled an Act to amend Code Section 24-1801, relating to clerks of County Ordinaries so as to authorize the Ordinaries in certain counties to appoint a clerk whose salary shall be paid from county funds; and for other purposes.
FRIDAY, JANUARY 28, 1966
565
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 211. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act approved August 20, 1927, providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 212. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend the Act approved August 20, 1927, providing that cities having a population of more than 150,000 shall furnish pensions to officer and employees of such cities, so as to repeal the provisions providing for a refund of contributions by members to such member or his beneficiary when such member shall be compelled to retire because of age or disability, or shall die; and for other purposes.
The report 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 213. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend the Act approved August 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to provide that fractional parts of years of service shall be counted under certain conditions; and for other purposes.
566
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 214. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend the Act approved August 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to pro vide that fractional parts of years shall be counted 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 215. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act approved August 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to repeal the provisions providing that no person shall be granted any pension for disability until such person has been in the employment of the city for a period of 15 years; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
FRIDAY, JANUARY 28, 1966
567
SB 4. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Code Section 81-202, relating to the service of process in civil actions, so as to delete therefrom those provisions permitting the defendant to he served by leaving a copy of the petition and process at the defendant's residence; and for other purposes.
Referred to the Committee on Judiciary.
SB 11. 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 Educa tional Improvement Council, so as to provide for the appointment of such members; and for other purposes.
Referred to the Committee on Education.
SB 34. By Senators Ballew of the 50th, Kilpatrick of the 44th, Carter of the 14th and others: A Bill to be entitled an Act to amend Code Chapter 56-32 of the Code of Georgia of 1933, relating to property insurance, so as to provide for the inspection of property insured against fire; and for other purposes.
Referred to the Committee on Insurance.
SB 55. By Senator Downing of the 1st: A Bill to be entitled an Act to require the identification of the registry of all ships, for the protection of the public; to require such information be contained in all promotional material; and for other purposes.
Referred to the Committee on State Institutions & Property.
SB 80. By Senator Fincher of the 51st: A Bill to be entitled an Act to amend an Act relating to the dispensing of certain dangerous drugs, so as to provide that it shall be unlawful for any person to obtain or attempt to obtain a dangerous drug or procure or attempt to procure the administration of such a drug under certain circumstances; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
By unanimous consent, the following Resolution of the House was read and adopted:
568
JOURNAL OF THE HOUSE,
HE 179. By Messrs. Steis of the 100th and Brown of the 120th:
A RESOLUTION
Congratulating Honorable and Mrs. Michael J. Egan, Jr.; and for other purposes.
WHEREAS, the charming and attractive wife of Honorable Michael J. Egan, Jr., the distinguished Representative from the 141st District, gave birth to their sixth child, a son, John Patrick Egan, at St. Josephs Hospital on January 22, 1966; and
WHEREAS, the members of this body share the happiness of these proud parents on this joyous occasion.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Mr. and Mrs. Michael J. Egan, Jr. receive our heartiest congratulations on the birth of John Patrick Egan.
BE IT FURTHER RESOLVED that the clerk of the House of Representatives is hereby authorized to transmit an appropriate copy of this resolution to Mr. and Mrs. Michael J. Egan, Jr.
By unanimous consent, the following Resolution of the House was read and further action postponed until Monday, January 31:
HR 180. By Mr. Pafford of the 97th:
A RESOLUTION
Commending the Georgia High School Association and Sam F. Burke, its Executive Secretary; and for other purposes.
WHEREAS, the Georgia High School Association was established in 1905 for the purpose of coordinating the athletic and related school activities of the high school students of this state; and
WHEREAS, in 1946 the activities and responsibilities of the Georgia High School Association had grown to such an extent that it was neces sary to have a full time executive secretary directing the activities of the association; and
WHEREAS, in 1946, while serving as the superintendent of the Thomaston public school system, the Honorable Sam F. Burke was re quested to accept the position of executive secretary, a position which he has held continuously since that date; and
WHEREAS, under the leadership and direction of this outstanding administrator, the Georgia High School Association has developed from
FRIDAY, JANUARY 28, 1966
569
a very loosely organized association at its inception into a vigorous and aggressive association, actively pursuing its goals; and
WHEREAS, some of the association's goals are to promote in every way possible the saftey of high school athletes, in coordination of athletic events and activities with an over-all educational program, affording an opportunity for every school child to compete and participate under systematic standards with representative schools and the over-all pro motion of the education of our youth; and
WHEREAS, through the cooperation of the daily and weekly news papers, the international wire service and the other public news media, programs of the Georgia High School Association have been promoted and enhanced; and
WHEREAS, as one example of the activities of the Georgia High School Association, it is conservatively estimated that three and onehalf million people observe high school basketball games each year; and
WHEREAS, the present status and position of the Georgia High School Association and the success with which its programs have met is due in a large part to the dedicated devotion to his duties of its executive secretary, Sam F. Burke.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby commend the Georgia High School Association and, in particular, Honorable Sam F. Burke, its executive secretary, for the very fine and outstanding job which this association and its executive secretary is playing in the over-all development of the youth of this state.
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 Sam F. Burke, Execu tive Secretary of the Georgia High School Association.
The Speaker resumed the Chair.
By unanimous consent, the House reconsidered its action in failing to give the requisite constitutional majority to the following Bill and Resolution of the House:
HB 109. By Mr. Dean of the 20th:
A Bill to be entitled an Act to amend an Act prohibiting the throwing or depositing of trash, garbage, or other substances upon the public roads or public property of this State, as amended, so as to change the penalty for throwing or depositing said substances upon the public roads or property of this State; and for other purposes.
570
JOURNAL OP THE HOUSE,
HR 40-55. By Mr. Richardson of the 116th:
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.
By unanimous consent, the motion to reconsider the following Bill of the House was postponed until Monday, January 31st:
HB 110. By Messrs. Bean of the 119th, Lee of the 79th, Busbee of the 79th and Harris of the 118th:
A Bill to be entitled an Act to amend Code Chapter 23-11, relating to the office of county surveyor, so as to provide certain qualifications for the position of county surveyor; to provide that the county need not furnish the county surveyor with an office or facilities; and for other purposes.
Mr. Williams of the 16th 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 114. By Messrs. Williams of the 16th, Lambert of the 38th, Johnson of the 40th and others: A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to change the provisions relating to driving while intoxicated; and for other purposes. Mr. Bagby of the 21st objected.
Mr. Williams of the 16th moved that the House reconsider its action in failing to give the requisite constitutional majority to the above captioned HB 114.
The Speaker determined that a quorum was not now present and stated that all unfinished business now before the House would be postponed until Monday morning, January 31, 1966.
Mr. Busbee of the 79th moved that the House do now adjourn until 10:30 o'clock, Monday morning, January 31, 1966, and the motion prevailed.
The Speaker announced the House adjourned until 10:30 o'clock, Monday morning.
MONDAY, JANUARY 31, 1966
571
Representative Hall, Atlanta, Georgia Monday, January 31, 1966.
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 Dr. Albert Trulock, District Superintendent, Valdosta District of the Methodist Church.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, 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.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Monday, January 31, 1966, and submits the following:
HB
6. Civil Cases, revise procedures.
HR 11- 13. Compensate Gordon J. McGraw.
572
JOURNAL OF THE HOUSE,
HB
33. County officers, Grand Jury indictment.
HR 24- 44. Loans and scholarships, Gracewood.
HR 26- 44. Compensate Willard York.
HR 27- 44. Compensate Fannin County Agricultural Association.
HB
47. Income tax, student exemptions.
HR 41- 55. Compensate L. H. Flowers.
HR 45- 71. Compensate Grady Barfield.
HR 47- 72. Compensate T. R. Herndon.
HR 48- 72. Compensate Lt. T. E. Caldwell.
HB
74. Motor vehicles, seat belts.
HB
75. Motor vehicles; seat belts.
HR 51- 88. Compensate Jack W. Fambrough.
HR 55- 89. Compensate J. Frank Lee.
HR 56- 91. Compensate Washington County Sweet Potato Association.
HB 133. Alimony pay, cease on remarriage.
HB 137. Unemployment Compensation, benefits.
HR 87-138. Releasing State-owned property.
HB 146. Worthless checks, felony.
HB 161. Garnishment, 30 days after judgment.
HB 164. Adoption Law, waiting period (Postponed).
HB 198. Appropriations, Highway Laboratory.
HB 199. Office Building Authority, define "Project".
HB 203. City Boards of Health, insurance plan.
HB 216. Insurance, non-profit medical service.
HB 234. Grandparents, visitation rights.
HR 123-236. Convey land, Emanuel County.
HR 120-236. Law books, Rome Judicial Circuit.
HR 121-236. Law books, Floyd County.
HR 124-239. Easement, Little Ocmulgee State Park.
HB 247. Veterans, honorary drivers' licenses.
HR 128-247. Income tax, persons serving in Viet Nam.
HB 254. Motor vehicles, lights when raining (Postponed).
HB 255. State Institutional Farms Division, create.
HR 136-255. Convey property, Murray County.
MONDAY, JANUARY 31, 1966
573
HB 263. Divorce cases, attorney's fee. HB 264. Divorce, temporary alimony hearing.
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 79th, Vice-Chairman.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 384. By Mr. Black of the 56th:
A Bill to be entitled an Act to authorize the governing authority of Chattahoochee County to assess and collect license fees, license and regulate taxicabs and cabs for hire, classify businesses and business enterprises, assess different license fees and taxes in the interest and welfare of the citizens of Chattahoochee County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 385. By Messrs. Matthews and Bedgood of the 29th:
A Bill to be entitled an Act to amend an Act relating to the licensing of warm air heating contractors, so as to provide that certain counties shall come within the terms and provisions of said Act; and for other purposes.
Referred to the Committee on Local Affairs.
HR 172-385. By Mr. Harris of the 118th: A Resolution compensating Doyle F. Whiteaker; and for other purposes.
Referred to the Committee on Appropriations.
HR 173-385. By Mr. Harris of the 118th:
A Resolution compensating Mr. Arthur W. Wainwright; and for other purposes.
Referred to the Committee on Appropriations.
HR 174-385. By Mr. Harris of the 118th:
A Resolution compensating Mr. and Mrs. Randolph E. Ward; and for other purposes.
Referred to the Committee on Appropriations.
574
JOURNAL OP THE HOUSE,
HE 175-385. By Mr. Harris of the 118th:
A Resolution compensating Mr. Samuel Bushing Smith; and for other purposes.
Referred to the Committee on Appropriations.
HR 176-385. By Mr. Harris of the 118th:
A Resolution compensating Mr. Raymond J. Wrinn; and for other purposes.
Referred to the Committee on Appropriations.
HR 177-385. By Mr. Harris of the 118th:
A Resolution compensating Mr. and Mrs. Samuel C. Williams; and for other purposes.
Referred to the Committee on Appropriations.
HR 178-385. By Mr. Harris of the 118th:
A Resolution compensating Mrs. Frank R. Rippetoe; and for other purposes.
Referred to the Committee on Appropriations.
HR 181-385. By Mr. Dickinson of the 27th:
A Resolution compensating Mr. Johnny A. Brown; and for other purposes.
Referred to the Committee on Appropriations.
HR 182-385. By Mr. Westlake of the 119th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for idemnifying any person who incurs personal injury or indemnifying his estate for loss of life while assisting any law enforcement officer in the official per formance of his duties; and for other purposes.
Referred to the Committee on Judiciary.
HR 183-385. By Mr. Dean of the 20th:
A Resolution authorizing the conveyance of certain State property lo cated in Cobb County; and for other purposes.
Referred to the Committee on State Institutions & Property.
MONDAY, JANUARY 31, 1966
575
HB 386. By Mr. Story of the 22nd:
A Bill to be entitled an Act to amend an Act providing appropriations for the State Government for the fiscal year 1965-66 and 1966-67, so as to delete the provision requiring funds appropriated to the State De partment of Education for Section 12 of the Act known as the "Minimum Foundation Program of Education Act"; and for other purposes.
Referred to the Committee on Education.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 345. By Mr. Collins of the 88th:
A Bill to be entitled an Act relating to the City of Pelham, so as to authorize the mayor and council to alter, change, close and abandon streets and alleys when found beneficial to do so; and for other pur poses.
HB 346. By Mr. Wilson of the 109th:
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 a personal exemption of $1200 for each dependent of the taxpayer's net income if such de pendent attends a school for the physically handicapped; and for other purposes.
HB 347. By Messrs. Wilson of the 102nd, Howard and McDaniell of the 101st, Henderson of the 102nd and Jordan of the 103rd:
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 at tendance at such additional meetings; and for other purposes.
HR 159-347. By Messrs. Evensen, Westlake, Bean, and Higginbotham of the 119th and Malone of the 117th:
A Resolution proposing an amendment to the Constitution so as to em power the General Assembly to authorize the governing authority of DeKalb County to levy a fee upon certain types and kinds of construc tion; and for other purposes.
HB 348. By Mr. Underwood of the 61st:
A Bill to be entitled an Act to abolish the present mode of compensating the Sheriff of Treutlen County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
576
JOURNAL OF THE HOUSE,
HB 349. By Mr. Underwood of the 61st:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Montgomery County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 350. By Messrs. Bagby of the 21st, Murphy of the 26th and Paris of the 23rd:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to declare that it shall be the public policy of the State of Georgia that no motor vehicle shall be sold for use upon public roads unless such vehicle is equipped and in condition that it will be approved by any laws relating to inspections; and for other purposes.
HB 351. By Mr. Bagby of the 21st:
A Bill to be entitled an Act to provide that all vehicle tires manufactured, sold or distributed in the State of Georgia shall have the date of the processing of said tires and a serial number stamped thereon in raised letters, so as to protect the citizens of the State of Georgia against misrepresentation and fraud in the manufacture, sale and distribution of vehicle tires; and for other purposes.
HB 352. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act creating the Lookout Judicial Circuit, so as to provide that the judges of said circuit shall be entitled to receive no compensation for their services as such, except the compensation authorized by general law; and for other purposes.
HB 353. By Messrs. Bag-by of the 21st, Murphy of the 26th and Paris of the 23rd: A Bill to be entitled an Act to provide for confirmation of sales under powers of sales contained in any contract, bill of sale to secure a debt, conditional sales contract, or any other agreement on personal property; and for other purposes.
HB 354. By Mr. Bagby of the 21st:
A Bill to be entitled an Act to provide a tax on transfers of stock and other corporate certificates; to provide for the amount of the tax; to provide an additional emergency tax; and for other purposes.
HB 355. By Mr. Rainey of the 69th:
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 Crisp County, known as the fee system; and for other purposes.
MONDAY, JANUARY 31, 1966
577
HB 356. By Messrs. McClatchey of the 138th, Brown of the 120th, Longino of the 122nd, Lambros of the 130th, Adams of the 125th and Lea of the 126th and others:
A Bill to be entitled an Act to amend the act approved August 20, 1927 to provide that cities having a population of more than 150,000 shall furnish pensions to all officers and employees of such cities, so as to provide additional pension benefits to former officers and employees who have been awarded pensions under the terms of this Act; and for other purposes.
HR 161-356. By Mr. Clark of the 2nd:
A Resolution proposing an amendment to the Constitution so as to re move the authority of the board of tax administrators for Catoosa Coun ty to levy taxes; and for other purposes.
HB 357. By Messrs. NeSmith of the 43rd, Howard of the 101st, Jordan of the 103rd, Reaves of the 99th, Herndon of the 74th, McCracken of the 49th, Blalock of the 33rd and others:
A Bill to be entitled an Act to amend an Act creating the Franklin D. Roosevelt Warm Springs Memorial Commission, so as to provide that the Governor shall appoint all successors to members of the Commis sion; and for other purposes.
HB 358. By Messrs. Bagby of the 21st and Murphy of the 26th:
:
A Bill to be entitled an Act to provide the conditions under which deficiency judgments may be taken after foreclosure under powers in any security agreement involving tangible personal property; and for other purposes.
HR 162-358. By Mr. Floyd of the 7th: A Resolution compensating Mr. Glenn Hendrix; and for other purposes.
HB 359. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act creating the Board of Com missioners of Roads and Revenues of Muscogee County, so as to change the time of the election of a chairman and vice-chairman for said Board from the first meeting in January following the General Election at which a new member shall have been elected; and for other purposes.
HB 360. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend Code Section 23-1704, providing for contractors to give bond on contracts for building or repairing any
578
JOURNAL OF THE HOUSE,
public building, so as to provide that in certain counties that one good and solvent security for the faithful performance of the contract and to indemnify the county for any damages occasioned by failure, shall be sufficient; and for other purposes.
HB 361. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act known as the Urban Re development Law, so as to provide that in certain counties the term "municipality" used in said Act shall also mean "County" and to provide further that in any such county all powers, privileges, duties and im munities now or heretofore granted to municipalities are hereby granted to every such county; and for other purposes.
HB 362. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act regulating traffic on the streets and highways of this State, so as to provide that in certain counties, law enforcement vehicles may be equipped with a lighted lamp displaying a flashing blue light; and for other purposes.
HB 363. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend Code Section 23-1703, relating to the method of giving notice of the letting of county contracts for public works, so as to provide that in certain counties notice of the contract to be let may be given by publishing such notice once a week for only two weeks in the newspaper wherein the sheriff's sales are advertised; and for other purposes.
HB 364. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act providing for a perma nent pension fund for certain present and future employees of Muscogee County; and for other purposes.
HR 163-364. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to consolidate and combine the Muscogee County and City of Columbus Tax Assessors for both real and personal property; and for other purposes.
MONDAY, JANUAEY 31, 1966
679
HR 164-364. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A Resolution proposing an amendment to the Constitution so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Columbus and Muscogee County Build ing Commission; and for other purposes.
HB 365. By Mr. Doster of the 73rd:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Wilcox County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 366. By Messrs. Harris and Carley of the 118th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to knowingly and wilfully instigate, engage in or do any thing in furtherance of an act of cruelty to any wild animal; and for other purposes.
HB 367. By Messrs. Lee, Gary and Harrell of the 35th:
A Bill to be entitled an Act to change the name of a certain militia district located in Clayton County; and for other purposes.
HB 368. By Mr. Brown of the 19th:
A Bill to be entitled an Act to amend Code Section 24-2715, relating to the duties of the clerks of superior court, so as to provide for the keep ing of facilities to file wills of persons still in life; and for other pur poses.
HB 369. By Mr. Lovell of the 6th:
A Bill to be entitled an Act to amend an Act superseding and consoli dating the laws relating to the State Game and Fish Commission, so as to authorize the State Game and Pish Commission to appoint deputy wildlife rangers of the State-at-Large; and for other purposes.
HB 370. By Messrs. Richardson of the 116th, Smith of the 3rd and Jones of the 109th:
A Bill to be entitled an Act to amend the Georgia Election Code, as the same is codified in Title 34 of the Code of Georgia, relating to the comprehensive regulation of primaries and federal, State and county elections, so as to provide that municipal primaries and elections shall be regulated by the Georgia Election Code; and for other purposes.
580
JOURNAL OF THE HOUSE,
HB 371. By Messrs. Richardson of the 116th, Smith of the 3rd and Jones of the 109th:
A Bill to be entitled an Act to amend Code Section 87-203, relating to the issuance of bonds, to provide that the proper officers of a county, municipality or political division may issue bonds in accordance with the Constitution of the State of Georgia; and for other purposes.
HR 165-371. By Messrs. Richardson of the 116th, Smith of the 3rd and Jones of the 109th:
A Resolution proposing an amendment to the Constitution so as to provide that returns for every election of Governor shall be transmitted by the election officers to the Secretary of State who shall cause said returns to be presented to the Senate the day after the two Houses are organized, and said returns shall be transmitted by the Senate to the House of Representatives; and for other purposes.
HR 166-371. By Messrs. Richardson of the 116th, Smith of the 3rd and Jones of the 109th:
A Resolution proposing an amendment to the Constitution so as to pro vide that a person shall be entitled to register and vote at any election by the people if he has resided in this State at least one hundred and eighty days, and in the county or municipality at least ninety days next preceding the election in which he offers to vote; and for other pur poses.
HB 372. By Messrs. Howard of the 101st and Jordan of the 103rd:
A Bill to be entitled an Act to provide that the judge or judges of every court of this State having jurisdiction of the violation of traffic laws or traffic ordinances which occur outside corporate limits of munici palities may provide by written order for the establishment of a traffic violations Bureau; and for other purposes.
HB 373. By Messrs. Overby of the 16th, Sullivan of the 95th, Sherman of the 105th, Simkins of the 106th and Jones of the 109th:
A Bill to be entitled an Act to amend an Act known as the "Motor Fuel Tax Law", so as to change the excise tax imposed upon all distributors of motor fuel; and for other purposes.
HB 374. By Messrs. Overby of the 16th, Sullivan of the 95th, Sherman of the 105th and Simkins of the 106th:
A Bill to be entitled an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to exempt products which are chiefly used as a fuel for the propulsion of motor vehicles on the pub lic highways; and for other purposes.
MONDAY, JANUARY 31, 1966
581
HB 375. By Mr. Jones of the 109th:
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 the expendi ture of certain funds by the State Highway Board; and for other pur poses.
HE 167-375. By Mr. Fleming of the 106th:
A Resolution relative to a monument for the 1st Cavalry Division; and for other purposes.
HB 376. By Mr. Carley of the 117th:
A Bill to be entitled an Act to amend an Act prescribing an additional procedure for the exercise of the power of eminent domain by the State of Georgia, so as to provide for the posting, publishing and mailing of notices to known non-resident owners and others; and for other purposes.
HB 377. By Messrs. Carley and Vaughn of the 117th, Harris and Levitas of the 118th and Snow of the 1st:
A Bill to be entitled an Act to amend an Act providing for the dismissal of suits in the courts of this State when they have been pending for a period of 5 years or longer, so as to extend the provisions of this Act to other actions and proceedings; and for other purposes.
HB 378. By Mr. Hadaway of the 46th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Gray, so as to change the corporate limits of said city; to provide for filling vacancies in the offices of mayor and councilman; and for other purposes.
HB 379. By Messrs. Barber of the 24th, Carnes of the 129th, Dillon of the 128th, Adams of the 125th and others:
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 . . ."; so as to provide that any person who was granted an "Official Military Leave" to do or perform duties with the Armed Forces may receive prior service credit for such period of time for retirement purposes; and for other purposes.
HB 380. By Messrs. Adams of the 125th, Carnes of the 129th, Dillon of the 128th, Gates of the 123rd, Brown of the 135th and others:
A Bill to be entitled an Act to amend Code Section 92-3107, relating to the definition of "gross income", so as to provide that "gross income" shall not include amounts received as retirement income by persons who are 65 years of age or over, under the provisions of the Federal Civil Service Retirement Law; and for other purposes.
582
JOURNAL OP THE HOUSE,
HB 381. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd and Jordan of the 103rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Acworth, so as to change election laws for the Mayor and Board of Alderman; and for other purposes.
HR 168-381. By Mr. Otwell of the 10th: A Resolution compensating Charles L. Wilson; and for other purposes.
HR 169-381. By Mr. Harris of the 14th:
A Resolution compensating Warren Marchialette; and for other pur poses.
HR 170-381. By Mr. Vaughan of the 14th:
A Resolution compensating Miss Marie Morgan and Mrs. Bertha Wilkins; and for other purposes.
HB 382. By Mr. Jones of the 112th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to reopen survivors benefits for certain persons; and for other purposes.
HB 383. By Mr. Hutchinson of the 79th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation to operate an ambulance which is answering an emergency call unless said ambulance shall contain a person who has successfully completed a course in emergency first aid; and for other purposes.
HR 171-383. By Messrs. Chandler and Harrington of the 47th:
A Resolution to compensate Reverend James L. Travis; and for other purposes.
SB 4. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Code Section 81-202, relating to the service of process in civil actions, so as to delete therefrom those provisions permitting the defendant to be served by leaving a copy of the petition and process at the defendant's residence; and for other purposes.
MONDAY, JANUARY 31, 1966
583
SB 11. By Senators Webb of the llth, Carter of the 114th, Plunkett of the 30th and Broun of the 46th:
A Bill to be entitled an Act to amend an Act creating the Georgia Edu cational Improvement Council, so as to provide for the appointment of such members; and for other purposes.
SB 34. By Senators Ballew of the 50th, Kilpatrick of the 44th, Carter of the 14th and others:
A Bill to be entitled an Act to amend Code Chapter 56-32 of the Code of Georgia of 1933, relating to property insurance, so as to provide for the inspection of property insured against fire; and for other purposes.
SB 55. By Senator Downing of the 1st:
A Bill to be entitled an Act to require the identification of the registry of all ships, for the protection of the public; to require such informa tion to be contained in all promotional materials; and for other pur poses.
SB 80. By Senator Fincher of the 51st:
A Bill to be entitled an Act to amend an Act relating to the dispensing of certain dangerous drugs, so as to provide that it shall be unlawful for any person to obtain or attempt to obtain a dangerous drug or pro cure or attempt to procure the administration of such a drug under certain circumstances; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:
SB 92. By Senators Dean of the 6th, Searcy of the 2nd and others:
A Bill to authorize, direct and empower the standards that should be required of Day Care Centers operated and maintained to furnish a training program and to care for the mentally retarded; and for other purposes.
Mr. Harris of the 118th District, 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
584
JOURNAL OF THE HOUSE,
to the House with the following recommendations: HB 30. By Committee Substitute, is voted out without recommendation. HB 202. Do Pass. HB 229. Do Pass. HB 162. Do Pass. HB 253. Do Pass. HB 231. Do Pass. HB 224. Do Pass by Committee Substitute. HB 225. Do Not Pass. HB 208. Do Pass by Substitute. HB 307. Do Pass. HB 223. Do Pass as Amended. Respectfully submitted, Harris of 118th, Chairman.
Mr. Bean of the 119th 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 110. By Messrs. Bean of the 119th, Lee and Busbee of the 79th, and Harris of the 118th:
A Bill to be entitled an Act to amend Code Chapter 23-11 relating to the office of county surveyor; and for other purposes.
There was objection.
Mr. Bean of the 119th moved that the House reconsider its action in failing to give the requisite constitutional majority to the above captioned HB 110.
On the motion to reconsider, the ayes were 66, nays 38.
The motion prevailed and the House reconsidered its action in failing to give the requisite constitutional majority to HB 110.
Mr. Williams of the 16th asked unanimous consent that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
MONDAY, JANUARY 31, 1966
585
HB 114. By Messrs. Williams and Overby of the 16th, Lambert of the 38th, Johnson of the 40th and others:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic of Highways", so as to change the provisions relating to driving while intoxicated; and for other purposes.
There was objection.
Mr. Williams moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 114.
On the motion to reconsider, the ayes were 62, nays 61.
The motion prevailed, and the House reconsidered its action in failing to give the requisite constitutional majority to HB 114.
By unanimous consent HB 114 was recommitted to the Committee on Judici ary for further study.
Mr. Rush of the 75th arose to a point of personal privilege and addressed the House.
Mr. Pafford of the 97th arose to a point of personal privilege and addressed the House.
The following Resolution was read:
HR 180. By Mr. Pafford of the 97th:
A RESOLUTION
Commending the Georgia High School Association and Sam P. Burke, its Executive Secretary; and for other purposes.
WHEREAS, the Georgia High School Association was established in 1905 for the purpose of coordinating the athletic and related school activities of the high school students of this state; and
WHEREAS, in 1946 the activities and responsibilities of the Geor gia High School Association had grown to such an extent that it was
586
JOURNAL OF THE HOUSE,
necessary to have a full time executive secretary directing the activities of the association; and
WHEREAS, in 1946, while serving as the superintendent of the Thomaston public school system, the Honorable Sam F. Burke was requested to accept the position of executive secretary, a position which he has held continuously since that date; and
WHEREAS, under the leadership and direction of this outstanding administrator, the Georgia High School Association has developed from a very loosely organized association at its inception into a vigorous and aggressive association, actively pursuing its goals; and
WHEREAS, some of the association's goals are to promote in every way possible the safety of high school athletes, in coordination of ath letic events and activities with an over-all educational program, af fording an opportunity for every school child to compete and participate under systematic standards with representative schools and the over-all promotion of the education of our youth; and
WHEREAS, through the cooperation of the daily and weekly news papers, the international wire service and the other public news media, programs of the Georgia High School Association have been promoted and enhanced; and
WHEREAS, as one example of the activities of the Georgia High School Association, it is conservatively estimated that three and onehalf million people observe high school basketball games each year; and
WHEREAS, the present status and position of the Georgia High School Association and the success with which its programs have met is due in a large part to the dedicated devotion to his duties of its executive secretary, Sam F. Burke.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby commend the Georgia High School Association and, in particular, Honorable Sam F. Burke, its executive secretary, for the very fine and outstanding job which this association and its executive secretary is playing in the over all development of the youth of this state.
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 Sam F. Burke, Execu tive Secretary of the Georgia High School Association.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Barber
Berry Black Blalock
Bowen Brackin Brantley
Brinkley Brown, C. Brown, M. P. Byrd Caldwell Carley Carnes Carr Gates Clark, J. T. Conner Cox Crowe Dailey Davis Dillon Duncan Fleming Fulford Gaissert Grahl Hadaway
MONDAY, JANUARY 31, 1966
587
Harrell Harrington Harris, J. F. Herndon Hull Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Leonard Longino Lovell Mauldin Melton Minge Mitchell Moore, J. H. Murphy Newton, A. S. Oglesby Overby Pafford
Paris Parker Parrish Phillips Pickard Roach Rowland Russell Shields Sims Smith, G. L. II Smith, J. R. Smith, V. T. Spillers Steis Sullivan Thomas Thompson, R. Vaughan, D. N. Vaughn, C. R. Wood
Those voting in the negative were Messrs.:
Abney Alexander Bean Brown, B. D. Daugherty DeLong Dickinson Dixon Dollar Gaynor Gignilliat Grier Hawkins Henderson Hill Hood Houston
Howard Hutchinson Irvin Jordan, Ben C. Kiley Lovett M alone Marshall Matthews, C. McDaniell Moore, Don C. NeSmith, J. D. Odom Otwell Palmer Peterson Powers
Rainey Richardson Ross Sherman Snellings Starnes Story Stovall Sweat Tye Underwood Watson Webb Williams, W. M. Wilson, J. M.
Those not voting were Messrs.:
Anderson
Bagby Barfield Bedgood Bennett Blair Bryant Busbee Chandler
Clarke, H. G. Collins, J. F. Collins, M. Colwell Conger Cook Dean Dorminy Doster
Drew Egan Elliott Etheridge Evensen Farrar Floyd Funk Gary
588
JOURNAL OF THE HOUSE,
Hale Hamilton Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Howell Jones, G. Paul Jordan, W. H. Knapp Knight Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Levitas Lewis Lowrey Maddox Matthews, D. R. McClatchey McCracken Merritt Mixon Nessmith, P. Newton, D. L. Reaves Reid Rush Savage Simkins Smith, A. B.
Smith, W. L. Snow Spikes Stalnaker Stewart Taylor Thompson, A. W. Townsend Tucker Walling Ware Watkins Wells Westlake Wiggins Williams, G. J. Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 74, nays 49.
The Resolution was adopted.
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 305. By Mr. Clark of the 2nd:
A Bill to be entitled an Act to repeal an Act creating a Board of Utility Commissioners for Catoosa County, so as to provide that all vacancies on the Board of Utility Commissioners shall be filled by appointment by the governing authority; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 308. By Mr. Moore of the 12th:
A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court of Stephens County upon an annual salary, so as to increase the allotment of county funds for the purpose of compensating personnel within his office; and for other purposes.
MONDAY, JANUARY 31, 1966
589
The report of the Committee, which was favorable to the passage of the Bill, was 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 309. By Mr. Moore of the 12th: A Bill to be entitled an Act to amend an Act creating a board of Com missioners of Roads and Revenues in the County of Stephens, so as to change the terms of office 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 311. By Mr. Moore of the 12th: A Bill to be entitled an Act to amend an Act placing the ordinary of Stephens County upon an annual salary, so as to increase the allotment to the ordinary for the purpose of compensating personnel within his 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 312. By Mr. Savage of the 58th: A Bill to be entitled an Act creating a Small Claims Court in each county having a certain population; and for other purposes.
590
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 313. By Mr. Collins of the 62nd: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Toombs County, so as to change the maximum compensation of the clerk of the Board of Commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 315. By Messrs. Conger and Dollar of the 89th:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Decatur 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 316. By Messrs. Conger and Dollar of the 89th:
A Bill to be entitled an Act to amend an Act relating to the establish ment of the City Court of Bainbridge in the county of Decatur, so as to provide that the sheriff of the City Court of Bainbridge shall re ceive no compensation for his services as such except which is pre scribed for his duties as sheriff of Decatur County; and for other purposes.
MONDAY, JANUARY 31, 1966
591
The report of the Committee, which was favorable to the passage of the Bill, was 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 317. By Messrs. Conger and Dollar of the 89th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bainbridge, so as to decrease the number of aldermen; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 320. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th, Harris, Levitas, Walling and Farrar of the 118th, and others: A Bill to be entitled an Act to fix the salary of the judge of the juve nile court in certain counties; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 328. By Messrs. Sullivan, Barfield and Bennett of the 95th: A Bill to be entitled an Act to place the sheriff of Lowndes County upon an annual salary; to provide for the disposition of all fees and commissions formerly allowed the sheriff as compensation; and for other purposes.
592
JOURNAL OP THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 331. By Mr. Webb of the 65th: A Bill to be entitled an Act to repeal an Act creating and establishing the City Court of Pembroke in and for the County of Bryan, so as to provide for the disposition of all suits, cases, papers, processes, books, indices and other matters 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.
HB 332. By Mr. Webb of the 65th: A Bill to be entitled an Act to amend an Act creating and establishing the office of County Treasurer of Bryan County, so as to raise the salary of the Treasurer of Bryan County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 339. By Messrs. Hawkins of the 139th, Hood of the 124th, Brown of the 120th, Adams of the 125th and others. A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to
MONDAY, JANUARY 31, 1966
593
teachers and employees of the Board of Education", so as to increase the amount of dependent benefits from 50% to 60%; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was 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 340. By Messrs. Hawkins of the 139th, McClatchey of the 138th; Lambros of the 130th, Hood of the 124th, Brown of the 120th, and others.
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education.", so as to provide that a teacher or employee may designate certain dependents as beneficiaries; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 341. By Messrs. Hawkins of the 139th, Dillon of the 128th, Hood of the 124th, Adams of the 125th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education; so as to provide for refund of a portion of employees' contributions in certain cases; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.
594
JOURNAL OF THE HOUSE,
HR 97-165. By Mr. Reaves of the 99th:
A RESOLUTION.
Proposing an amendment to the Constitution so as to create the Brooks County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution, relating to the taxing power and restriction of contributions of counties, cities and political divisions, is hereby amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the 'Brooks County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Brooks County. The County of Brooks may contract with the Authority as a public corporation as provided by the Constitution of Georgia.
"Brooks County is authorized to levy a tax on all the taxable property therein not to exceed one mill for the purpose of securing a fund to be set aside and used by said Authority for the general purposes hereinafter prescribed.
"The members of the Authority, their qualifications, terms, and the method of election or appointment shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the Gen eral Assembly may pass all other necessary legislation for the implementation of this amendment.
"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation.
"Said Authority is created for the purpose of developing, pro moting, and expanding, for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long-range plans for the coordina tion of such development, promotion and expansion within its terri torial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or the County of Brooks. The Authority is created for non-profit pur poses and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created."
MONDAY, JANUARY 31, 1966
595
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 create the NO ( ) Brooks County Development Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment 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 following amendment was read and adopted:
The Committee on Local Affairs moves to amend HR 97-165 as follows:
Add a new sentence to the end of the 5th paragraph in Section 1 as follows:
The exemptions from taxation herein provided 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 Adams Alexander
Alien Anderson Bagby
Barber Barfield Bean
596
Bedgood Berry Black Blalock Bo wen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Gates Clarke, H. G. Collins, J. F. Collins, M. Colwell Cook
Cox
Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dorminy Drew Duncan Etheridge Evensen Farrar Fleming Floyd Fulford Gaissert Gary Gignilliat Grahl Grier Hadaway Hamilton Harrell
JOURNAL OF THE HOUSE,
Harris, J. F. Harris, J. R. Harrison Hawking Henderson Herndon Higginbotham Hill Holder Hood Houston Howard Howell Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Knapp Lambros Lane Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. McClatchey McDaniell Melton Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford
Palmer Paris Parker Parrish Peterson Pickard Powers Rainey Reaves Reid Richardson Roach Ross Rush Savage Sherman Shields Sims Smith, G. L. II Smith, J. R. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Williams, W. M. Wilson, R. W.
Those not voting were Messrs.:
Bennett Blair Carr
Chandler Clark, J. T. Conger
Conner Dollar Doster
Egan Elliott Punk Gaynor Hale Harrington Harris, R. W. Irvin Jones, G. Paul Jordan, W. H. Knight Lambert
MONDAY, JANUARY 31, 1966
597
Land Lea, F. R. Leonard Lewis Lovett Matthews, D. R. Mauldin McCracken Merritt Minge Nessmith, P. Phillips
Rowland Russell Simkins Smith, A. B. Smith, V. T. Smith, W. L. Ware Wiggins Williams, G. J. Wilson, J. M. Wood
On the adoption of the Resolution, as amended, the ayes were 159, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 98-165. By Messrs. Harris and Vaughan of the 14th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to create the Adairsville Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in the City of Adairsville in Bartow County to be known as the Adairs ville Development Authority, which shall be an instrumentality of the City of Adairsville and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the Mayor and Council of the City of Adairsville. The first members shall be ap1 pointed for terms of one, two, three, four and five years, and thereafter their successors shall be appointed for terms of five years. Vacancies shall be filled for the unexpired term by the Mayor and Council. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter.
598
JOURNAL OF THE HOUSE,
The members shall elect one from among themselves to serve as chairman from year to year. No vacancy shall impair the power of the Authority to act.
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of the City of Adairsville, Georgia;
"D. The powers of the Authority shall include, but not be limited to, the power:
"(1) To receive and administer gifts, grants and donations and to administer trusts;
"(2) To borrow money, to issue notes, bonds and revenue cer tificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, prop erty and income as security therefor;
"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
"(4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(5) To encourage and promote the expansion and develop ment of industrial and commercial facilities in the City of Adairs ville and within a radius of 7 miles as measured from the center of said city, but not to exceed the limits of Bartow County, Georgia, so as to relieve insofar as possible unemployment within its boun daries, and to that end to acquire by purchase or gift any building or structure within aforesaid territorial limits suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appur tenant lands and appurtenances thereto, and all necessary or use ful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such build ing;
"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser
MONDAY, JANUARY 31, 1966
599
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 specific matter;
"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia, Bartow County, or City of Adairsville.
"P. The members of the Authority shall receive no compensa tion for their services to the Authority;
"G. In order to finance any undertaking with the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the 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 thereunder; provided, however, that any property, real or personal of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agree ment or indenture not in conflict with the provisions of this amend ment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment 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 either Bartow County or the City of Adairs ville to pay any of the said obligations of said Authority.
"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issued as may be provided in the authorizing proceedings.
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"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:
"(1) The undertaking for which the bonds are to be issued will increase employment within the territorial limits herein desig nated.
"(2) The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said terri torial limits, reduce the number of employees employed by asid lessee or purchaser elsewhere in the State of Georgia.
"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses.
"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of Adairsville subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.
"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare, industry and trade in the City of Adairsville and its vicinity and reducing unemploy ment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally con strued for the accomplishment of these purposes.
"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.
"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority, The Authority shall be an instrumentality of the City of Adairs ville and the scope of its operations shall be limited to the territory embraced within said city and within a radius of 7 miles as meas ured from the center of said city, but not to exceed the limits of Bartow County, Georgia. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro-
MONDAY, JANUARY 31, 1966
601
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 create NO ( ) the Adairsville 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 note "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend HR 98-165 as follows:
Add a new sentence to the end of Section 1 Paragraph C as follows:
The tax exemption herein provided shall not include exemption from sale and use taxes on property purchased by the Authority or for use of the Authority;
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield
Bean Bedgood Berry Black Blalock Brackin Brantley Bowen
Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell
602
Carley Carnes Gates Clarke, H. G. Collins, J. F. Collins, M. Colwell Cook Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dorminy Drew Duncan Etheridge Evensen Farrar Fleming Floyd Fulford Gaissert Gary Gignilliat Grahl Grier Hadaway Hamilton Harrell Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood
JOURNAL OF THE HOUSE,
Houston Howard Howell Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Knapp Lambros Lane Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. McClatchey McDaniell Melton Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newon, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson
Pickard Powers Rainey Reaves Reid Richardson Roach Ross Rush Savage Sherman Shields Sims Smith, G. L. II Smith, J. R. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Williams, W. M. Wilson, R. W.
Those not voting were Messrs.:
Bennett Blair Carr Chandler Clark, J. T. Conger
Conner Dollar Doster Egan Elliott Funk
Gaynor Hale Harrington Harris, R. W. Irvin Jones, G. Paul
MONDAY, JANUARY 31, 1966
603
Jordan, W. H. Knight Lambert Land Lea, F. R. Leonard Lewis Lovett Matthews, D. R.
Mauldin McCracken Merritt Minge Nessmith, P. Phillips Rowland Russell Simkins
Smith, A. B. Smith, V. T. Smith, W. L. Ware Wiggins Williams, G. J. Wilson Wood Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 159, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 113-196. By Mr. Harrison of the 98th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the City of Woodbine Development Authority; to provide for powers, au thority, funds, purposes and procedures connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article 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 'City of Woodbine Development Authority', herein after referred to as the 'Authority', which shall be an instrumentali ty of the State of Georgia and a public corporation.
"B. The Authority shall consist of 5 members who shall be ap pointed by the governing authority of the City of Woodbine. The first members appointed to the Authority shall be appointed for terms of 1, 2, 3, 4 and B years respectively. The governing authority shall designate the term of office of each of the first members of the Authority when making the appointment. Thereafter, the terms of all members shall be for 5 years each and until their successors are appointed and qualified. Vacancies for unexpired terms shall be filled in the same manner as appointments. A majority of the members shall constitute a quorum and may act for the Authority in any matter which may come before the Authority. No vacancy shall impair the power of the Authority to act.
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"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. The Au thority 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 here inafter 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 the City of Woodbine. 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.
(1) The word 'Authority' shall mean the 'City of Woodbine Development 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 in dustry or industries, or the assistance, promotion or expansion of existing industry, trade or commerce in the City of Woodbine, or any combination thereof, the acquisition of any such property for any such purpose or purposes; the improvement of any such proper ty or properties; or the construction, installation or expansion of one or more buildings, plants, or articles of equipment for the pur pose of using, selling, donating, leasing or renting such land, properties, improvements, structures or equipment to public or pri vate 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, in spection, fiscal or legal expenses; cost of plans or specifications; or any other expenses necessary or incident to construction or improve ments, or to determining the feasibility or practicability 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 the powers necessary or con venient 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;
MONDAY, JANUARY 31, 1966
605
(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 the State of Georgia, any instrumentality thereof, any county or any municipality thereof, and any other political subdivision and with private persons, firms, corporations and associations;
(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, reconstructing, renovating or remodeling any project or part thereof already ac quired, 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 purposes 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 com pensation 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 Au thority or from any contribution or loans by persons, firms or corpo rations, 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 pur pose of refunding any such bonds of the Authority theretofore issued. Such revenue-anticipation bonds shall be issued and validated under and in accordance with the applicable provisions of the Act of the General Assembly of 1937 (Ga. Laws 1937, pp. 761-774), as amended, providing for the issuance of revenue-anticipation bonds. As security for the payment of any revenue-anticipation bonds so authorized, any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered and the Authority may execute any trust agreement or
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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 con dition contained in such agreement of indenture. The State of Georgia in behalf of the State and the City of Woodbine hereby waives any right the State or the City of Woodbine may have to prevent the forced sale or foreclosure of any property of the Au thority so mortgaged or encumbered and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms hereof. For purposes of the aforesaid judicial validation, the Authority shall be regarded as being located in Camden County, and the Superior Court of Camden County shall have jurisdiction and the requisite notices shall be published in Camden 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;
(12) to do all things necessary or convenient to carry out the powers expressly conferred by this amendment.
"G. The governing authority of the City of Woodbine is hereby authorized to levy an annual ad valorem tax on all taxable property located within the corporate limits of said city not to exceed 3 mills and to transfer the funds produced by such levy to the City of Woodbine Development Authority to be used by said Authority for industrial development purposes in general.
"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 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 the City of Woodbine and reduce un employment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberal ly construed for the accomplishment of these purposes.
"K. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and exercise thereof,
MONDAY, JANUARY 31, 1966
607
and may enlarge and restrict the same, and may likewise further regulate management and conduct of the Authority. 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 the City of Woodbine. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of the City of Woodbine.
"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, or the City of Woodbine.
"M. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real or personal, held by the Authority at the time of such dissolution shall revert to the City of Woodbine 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 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 create NO ( ) the City of Woodbine 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 amendment was read and adopted:
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The Committee on Local Affairs moves to amend HR 113-196 by adding a new sentence to the end of Section 1 Paragraph D the follow ing:
"The exemptions from taxation herein provided shall not in clude 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 Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Berry Black Blalock Bo wen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Gates Clarke, H. G. Collins, J. P. Collins, M. Colwell Cook Cox Crowe Dailey
Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dorminy Drew Duncan Etheridge Evensen Farrar Fleming Floyd Fulford Gaissert Gary Gignilliat Grahl Grier Hadaway Hamilton Harrell Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Houston
Howard Howell Hull Hutchinson Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Knapp Lambros Lane Lee, W. J. (Bill) Lee, W. S. Le vitas Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. McClatchey McDaniell Melton Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom
Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Pickard Powers Rainey Reaves Reid Richardson Roach Ross Rush
MONDAY, JANUARY 31, 1966
609
Savage Sherman Shields Sims Smith, G. L. II Smith, J. R. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat
Taylor Thomas Thompson, A. W. Thompson, R. Town send Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Williams, W. M. Wilson, R. W.
Those not voting were Messrs.:
Bennett Blair Carr Chandler Clark, J. T. Conger Conner Dollar Doster Egan Elliott Funk Gaynor Hale Harrington
Harris, R. W. Irvin Jones, G. Paul Jordan, W. H. Knight Lambert Land Lea, P. R. Leonard Lewis Lovett Matthews, D. R. Mauldin McCracken Merritt
Minge Nessmith, P. Phillips Rowland Russell Simkins Smith, A. B.
Smith, V. T. Smith, W. L. Ware Wiggins Williams, G. J. Wilson, J. M. Wood Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 159, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 114-196. By Mr. Ployd of the 7th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Chattooga County Development Authority; to provide for powers, au thority, funds, purposes and procedure connected therewith; to provide
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for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
That the Constitution of the State of Georgia as heretofore amended, is hereby further amended by adding at the end of Article VII, Section V, Paragraph I the following paragraphs, to be appropriately numbered, which shall read as follows:
"A. There is hereby created a body corporate and politic in Chattooga County to be known as the Chattooga County Develop ment Authority, which shall be an instrumentality of the State of Georgia and Chattooga County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of five members. The Commis sioner of Roads and Revenues for Chattooga County shall appoint one member, the Mayor and Council of the City of Summerville shall appoint one member; the Mayor and Council of the City of Trion shall appoint one member; the Mayor and Council of the City of Menlo shall appoint one member and the Mayor and Council of the City of Lyerly shall appoint one member. All members shall serve for four-year terms and may succeed themselves. Said mem bers shall have control, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly, and such additional powers as may be delegated to the Authority by Chattooga County. Members of the Authority shall be residents of Chattooga County. The Authority shall elect a chairman, a vice-chairman and a secretary-treasurer. The secretarytreasurer shall not be required to be a member of the Authority. A majority of the members shall constitute a quorum and a majority may act for the Authority in any manner.;
"C. All property or income the title to which is vested in the Authority and all debentures, notes, bonds and revenue bonds or obligations issued by the Authority shall have the same immunity from taxation within the State of Georgia as property, income and obligations and interest on the obligations of Chattooga 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 obli gations, to execute trust agreements or indentures, and to sell, con vey, mortgage, pledge and assign any and all of its funds, property, contract rights and income as security therefor;
MONDAY, JANUARY 31, 1966
611
"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
"(4) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties; which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(5) To encourage and promote the expansion and develop ment of industrial and commercial facilities in Chattooga County so as to relieve insofar as possible unemployment within its bound aries, and to that end to acquire by purchase or gift any building or structure within the limits of Chattooga County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnish ings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building;
"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty 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 pur pose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in con nection with the undertaking;
"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(8) To designate officers to sign and act for the Authority generally or in any specific matter;
"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia or Chattooga County.
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"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 or obligations then outstanding, the Authority is hereby authorized to issue bonds bearing a rate or rates of interest and maturing in the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Eevenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, and the validation shall have the same force and effect as if said obligations had been originally authorized to be issued thereunder. Any prop erty, real or personal, in existence or anticipated, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for the payment of said bonds. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing contained herein shall be construed to create a right to compel any exercise of the taxing power of Chattooga County to pay any such bonds or the interest thereon nor to enforce payment' thereof against any property of Chattooga County.
"H. No monies derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expense.
"I. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the municipalities of Summerville, Trion, Menlo, Lyerly and to Chat tooga County, subject to any mortgages, liens, leases or other en cumbrances outstanding against or in respect to said property at that time.
"J. The Authority, in exercising the powers in the manner here in granted, is hereby deemed and declared to be a public corporation and an instrumentality of purely public charity performing an essential governmental function in behalf of Chattooga County. This amendment is adopted for the purpose of promoting and ex panding for the public good and welfare, industry and trade within Chattooga County and reducing unemployment to the greatest ex tent possible, and this amendment and any law enacted with refer ence to the Authority shall be liberally construed for the accomplish ment of these purposes.
"K. This amendment shall be effective immediately upon procla mation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty days after such proclamation.
MONDAY, JANUARY 31, 1966
613
"L. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise there of, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Au thority shall be an instrumentality of the State of Georgia and Chattooga County and the scope of the operations of the Authority 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 the limits of Chattooga County."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 NO ( ) the Chattooga 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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the re sult to the Governor, who shall issue his proclamation thereon.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend HR 114-196 by adding a new sentence to the end of Section 1 Paragraph C the follow ing;
"The exemptions from taxation herein provided shall not in clude 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:
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JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Andersen Bagby Barber Barfield Bean Bedgood Berry Black Blalock Bo wen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Games Gates Clarke, H. G. Collins, J. F. Collins, M. Colwell Cook Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dorminy Drew Duncan Etheridge Evensen Farrar Fleming
Floyd
Fulford
Gaissert
Gary
Gignilliat Grahl Grier Hadaway Hamilton Harrell Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Houston Howard Howell Hull Hutchinson Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Knapp Lambros Lane Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. McClatchey McDaniell Melton Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D.
Newton, A. S.
Newton, D. L.
Odom
Oglesby
Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Pickard Powers Rainey Reaves Reid Richardson Roach Ross Rush Savage Sherman Shields Sims Smith, G. L. II Smith, J. R. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Town send Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb
Wells
Westlake
Williams, W. M.
Wilson, R. W.
MONDAY, JANUARY 31, 1966
615
Those not voting were Messrs.:
Bennett Blair Carr Chandler Clark, J. T. Conger Conner Dollar Doster Egan Elliott Funk Gaynor Hale Harrington
Harris, R. W. Irvin Jones, G. Paul Jordan, W. H. Knight Lambert Land Lea, P. R. Leonard Lewis Lovett Matthews, D. R. Mauldin McCracken Merritt
Minge Nessmith, P. Phillips Rowland Russell Simkins Smith, A. B. Smith, V. T. Smith, W. L. Ware Wiggins Williams, G. J. Wilson, J. M. Wood Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 159, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 139-291. By Messrs. Harris and Smith of the 85th:
A RESOLUTION
Proposing a constitutional amendment so as to authorize the General Assembly to provide by local act for the creation of a Charter Commis sion to study all matters relating to the consolidation of the govern ment of the City of Brunswick and Glynn County and for the establish ment of a successor government with powers and jurisdiction through out the territorial limits of Glynn County and to draft a charter to create such government; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
Article XI, Section I, Paragraph VII of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provision of this Constitution to the contrary not withstanding, the General Assembly is hereby authorized to provide by local act for the creation of a Charter Commission to study all matters relating to the establishment of a single county-wide gov ernment with powers and jurisdiction throughout the territorial limits of Glynn County which single government shall supersede
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and replace the existing governments of the City of Brunswick and Glynn County.
Said local act may further authorize said Charter Commission to draft a proposed charter creating such county-wide government and for the submission of such charter to the voters of Glynn Coun ty for approval or rejection in such manner as the General Assembly shall provide by said local act.
To carry out the purposes of this amendment, the General As sembly is hereby expressly authorized to delegate its powers by said local act to said Charter Commission and may authorize said Com mission to draft a proposed county-wide government which may include any provisions necessary to effectuate the purposes of this amendment. To that end, and without limiting the generality of the foregoing, the General Assembly is hereby authorized to pro vide by said local act that said Charter Commission may draft a proposed charter which would provide for any one or more of the following:
1. For the abolishment of the existing governments of the City of Brunswick and Glynn County and for the creation of a new single government having all powers formerly exercised by the City of Brunswick and Glynn County, and having such other powers as may be necessary or desirable including such rights, powers, duties and liabilities as are now or may hereafter be vested in municipalities or counties, or both, by the Constitution of Georgia or by other provisions of law; the form and composition of said new govern ment to be as said charter shall provide.
2. For the new county-wide government to continue to be eligi ble to have, hold, enjoy and be entitled to any assistance, credits, benefits, monies, grants, grants in aid, funds, loans, aid, appropria tions and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future State or Federal programs.
3. For the abolishment of any one or more public offices in cluding coroner, county surveyor, tax collector, tax receiver, and county treasurer, or positions of public employment of the City of Brunswick and Glynn County.
4. For the creation of the governing authority of the single county-wide government including the number of members of said governing authority, their powers, duties, terms of office, manner of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of said county-wide governing authority.
5. For the creation of the various departments, boards, bu reaus, offices, commissions and positions of public employment of
MONDAY, JANUARY 31, 1966
617
said county-wide government and all other matters necessary or incidental thereto.
6. For the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by said county-wide government in accordance with the kind, character, type and degree of services provided by said government within said taxing districts, and the rate and manner of taxation may vary in any one district from that in another or other districts, and provide that the powers, authority, duties, liabilities and functions of any such new govern ing authority so created may vary from district to district.
7. For the assumption by said county-wide government of all bonded indebtedness and all other obligations of whatever kind of the City of Brunswick and Glynn County and a method by which said county-wide government shall assume the payment of any ob ligations of the City of Brunswick and Glynn County issued under the Revenue Bond Law.
8. For the transfer to said county-wide government of the assets, contracts and franchises of the City of Brunswick and Glynn County.
9. The purposes for which said county-wide government or gov erning authority or any agency thereof may levy taxes and the debt limitations applicable to such county-wide government or any agency thereof.
10. For the method or methods by which said Charter may be amended.
Said local act may further provide for the qualifications and compensation of the members of said Charter Commission and for the expenses of said Charter Commission. The compensation of the members of the Charter Commission and the expenses of the Com mission shall be shared by the City of Brunswick and Glynn County in such manner as the General Assembly shall provide by said local act, and the governing authority of the City of Brunswick and the governing authority of Glynn County are hereby authorized to ex pend public funds for such purposes.
Nothing herein shall be construed so as to authorize the Gen eral Assembly or any Charter Commission created pursuant to any local act passed by the General Assembly in pursuance of this amendment to:
1. Abolish or alter the status of the Board of Education of Glynn County or the Glynn County school system.
2. Impair or diminish any civil service pension and retirement rights existing at the time of the ratification of this amendment.
3. Abolish the office of sheriff.
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JOURNAL OF THE HOUSE,
4. Abolish or alter the status of any State, county, or City courts presently existing in Glynn County or the City of Brunswick.
5. Impair or diminish any homestead or other exemptions from taxation now or hereafter specified in this Constitution.
Provided, however, that none of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power with respect to the board of education, school district, office of sheriff, civil service and pension rights, home stead exemptions and courts which existed prior to the adoption of this paragraph. Provided further, that the foregoing limitation relating to courts shall not be construed so as to prohibit the abol ishment of any court created by and operating under the provisions of the charter of the City of Brunswick.
The powers herein granted to the General Assembly:
1. Are remedial and shall be liberally construed to effectuate their purpose.
2. May be exercised by the General Assembly notwithstanding any other provisions of this Constitution or of law.
3. Shall not be exhausted by their initial exercise but may be exercised from time to time as said General Assembly may deter mine.
4. Are cumulative of all other powers now held by the General Assembly and are not in lieu thereof."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by local act for the creation of a Charter Commission to study all matters
NO ( ) relating to the consolidation of the governments of the City of Brunswick and Glynn County and for the establishment of a successor government with powers and jurisdiction throughout the territorial limits of Glynn County and to draft a charter to create such government?"
MONDAY, JANUARY 31, 1966
619
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 he made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following amendment was read and adopted:
"Mr. Harris of the 85th and Smith of the 85th move to amend HR 139-291 by striking from line one of paragraph two of Section 1 the word 'may' and substituting in lieu thereof the word 'shall'."
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 as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Berry Black Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C.
Brown, M. P. Bryant Busbee
Byrd Caldwell Carley Carnes Gates Clarke, H. G. Collins, J. F. Collins, M. Colwell Cook Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon
Dixon Dorminy Drew
Duncan Etheridge Evensen Farrar Fleming Floyd Fulford Gaissert Gary Gignilliat Grahl Grier Hadaway Hamilton Harrell Harris, J. F. Harris, J. R. Harrison Hawkins
Henderson Herndon Higginbotham
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JOURNAL OP THE HOUSE,
Hill Holder
Hood Houston Howard Howell Hull Hutchinson Johnson, Dr. A. S. Johnson, B.
Jones, C. M. Jones, M. Jordan, Ben C. Kiley Knapp Lambros Lane Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. McClatchey McDaniell Melton Mitchell
Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Pickard Powers Rainey Reaves Reid Richardson Roach Ross Rush Savage Sherman Shields Sims Smith, G. L. II
Smith, J. R. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Williams, W. M. Wilson, R. W.
Those not voting were Messrs.:
Bennett Blair Carr Chandler Clark, J. T. Conger Conner Dollar Doster Egan Elliott Punk Gaynor Hale Harrington
Harris, R. W. Irvin Jones, G. Paul Jordan Knight Lambert Land Lea, P. R. Leonard Lewis Lovett Matthews, D. R. Mauldin McCracken Merritt
Minge Nessmith, P. Phillips Rowland Russell Simkins Smith, A. B. Smith, V. T. Smith, W. L. Ware Wiggins Williams, G. J. Wilson, J. M. Wood Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 159, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
MONDAY, JANUARY 31, 1966
621
HR 140-291. By Mr. Floyd of the 7th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to change the manner of election and terms of office of the members of the Board of Education of Chattooga County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION I
Article VIII, Section V, Paragraph I of the Constitution, as amended by the constitutional amendment ratified at the November, 1960 election and published on page 453 of the Georgia Laws of 1959, is hereby amended by adding a new paragraph at the end of said amendment to read as follows:
"Notwithstanding any other provisions of the Constitution, at the next election for members of the Board of Education of Chattooga County, the members from Education Districts one and five shall each be elected for a term of four (4) years and until their successors are elected and qualified. The members from Education Districts, two, three and four shall each be elected for a term of two (2) years and until their successors are elected and qualified. Thereafter, all elections for members of the Board of Education shall be held biennially on the same day that county officers are elected. All future members from the five Education Districts shall be elected for terms of four (4) years and until their successors are elected and qualified. Each member elected shall take office on January 1st of the year following his election.
In the event two or more candidates receive the same number of votes for any such office, the ordinary shall conduct a runoff election in the same manner and within the same time limits as for other runoff elections for county officials. Vacancies on the Board shall be filled as previously provided."
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 proNO ( ) vide staggered terms for the members of the
Board of Education for Chattooga County?"
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JOURNAL OF THE HOUSE,
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 Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Berry Black Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Games Gates Clarke, H. G. Collins, J. F. Collins, M. Colwell Cook
Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dorminy Drew Duncan Etheridge Evensen Farrar Fleming Floyd Fulford Gaissert Gary Gignilliat Grahl Grier Hadaway Hamilton Harrell Harris, J. F. Harris, J. R. Harrison Hawkins Henderson
Herndon Higginbotham Hill Holder Hood Houston Howard Howell Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Knapp Lambros Lane Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. McClatchey McDaniell Melton
Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Pickard Powers Rainey
MONDAY, JANUARY 31, 1966
623
Reaves Reid Richardson Roach Ross Rush Savage Sherman Shields Sims Smith, G. L. II Smith, J. R. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story
Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Town send Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Williams, W. M. Wilson, R. W.
Those not voting were Messrs.:
Bennett Blair Carr Chandler Clark, J. T. Conger Conner Dollar Doster Egan Elliott Funk Gaynor Hale Harrington
Harris, R. W. Irvin Jones, G. Paul Jordan, W. H. Knight Lambert Land Lea, F. R. Leonard Lewis Lovett Matthews, D. R. Mauldin McCracken Merritt
Minge Nessmith, H. P. Phillips Rowland Russell Simkins Smith, A. B. Smith, V. T. Smith, W. L. Ware Wiggins Williams, G. J. Wilson, J. M. Wood Mr. Speaker
On the adoption of the Resolution, the ayes were 159, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 92. By Senators Dean of the 6th, Searcey of the 2nd and Hall of the 52nd: A Bill to be entitled an Act to authorize, direct and empower the standards that should be required of Day Care Centers operated and
624
JOURNAL OP THE HOUSE,
maintained to furnish a training program and to care for the mentally retarded; and for other purposes.
Referred to the Committee on Welfare.
By unanimous consent, the following Resolutions of the House were read and adopted:
HR 196. By Messrs. Westlake, Higginbotham and Evensen of the 119th, Harris of the 118th and many others:
A RESOLUTION
Relative to the change of the name of Georgia State College to Georgia State University; and for other purposes.
WHEREAS, Georgia State College possesses the attributes of ex cellence associated with the title "University"; and
WHEREAS, Georgia State College meets the criteria associated with the title "University" established by accrediting bodies; and
WHEREAS, the graduate programs of Georgia State College are significant and are comparable to those offered by institutions with the title "University"; and
WHEREAS, it is in the best interests of the State of Georgia, the Board of Regents, current and prospective students, and alumni that its institutions bear names proper to their missions; and
WHEREAS, it is timely that formal recognition be made of the support of this growing institution by the State of Georgia and its Board of Regents.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express to the Board of Regents and the Chancellor of the University System of Georgia its sentiment that the name of this great institution be changed from Georgia State College to Georgia State University.
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 each member of the Board of Regents of the University System of Georgia and to the Chancellor of said system.
HR 198. By Messrs. Daugherty of the 134th, Smith of the 90th, Mixon of the 81st and Johnson of the 40th:
A RESOLUTION
Commending the Archer High School Committee for Peace Chorus; and for other purposes.
MONDAY, JANUARY 31, 1966
625
WHEREAS, on Wednesday, July 26, 1965, the Archer High School Committee, for Peace Chorus performed a concert before the Georgia House of Representatives; and
WHEREAS, the group was under the able direction of Mr. Hampton Barker; and
WHEREAS, the chorus was accompanied by Mr. W. H. Odom, an accomplished pianist; and
WHEREAS, the performance of the chorus was highly entertain ing; and
WHEREAS, it is only proper that this group be commended for this outstanding performance.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Archer High School Committee for Peace Chorus and its director Mr. Hampton Barker and Mr. W. H. Odom, pianist, for the pleasure they afforded the members of this body.
BE IT FURTHER RESOLVED that this body does hereby express its appreciation to Mr. A. H. Richardson, Principal of Archer High School, for allowing the Archer High School Committee for a Peace Chorus to appear and perform before this body.
BE IT FURTHER RESOLVED that the clerk of the House of Representatives is hereby authorized to furnish Honorable J. C. Daugherty, Representative of 134th district, with sufficient copies of this resolution to present a copy to each member of the Archer High School Committee for Peace Chorus and to each person named in this resolu tion.
By unanimous consent, the following Resolutions of the House were read and referred to the Committee on Rules:
HR 197. By Mr. Daugherty of the 134th:
A RESOLUTION
Creating an interim committee to study Fair Housing Laws; and for other purposes.
WHEREAS, many states of the United States have adopted laws commonly referred to as "Fair Housing Laws"; and
WHEREAS, the general welfare and the health and living stand ards of all of our citizens require the realization as soon as feasible of the goal of a decent home and a suitable living environment for every American family; and
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JOURNAL OF THE HOUSE,
WHEREAS, it would be to the benefit of Georgia and its citizens to make a thorough study of such laws and the legal questions involved in order to prevent hardship and burdensome litigation in the future.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim commit tee to be composed of ten members of the House of Representatives to be appointed by the Speaker. The committee shall make a thorough examination of all Fair Housing Laws which have been enacted by the various states of the United States and such laws which are in effect in various cities throughout the United States. Said committee shall also examine the legal questions involved with regard to Fair Housing Laws or with regard to the absence of such laws. The committee shall be authorized twenty (20) days within which to complete its work. The members of the committee 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 avail able to the legislative branch of government.
BE IT FURTHER RESOLVED that the committee shall make a report of its study, findings, recommendations and proposed legislation, if any, to the 1967 session of the General Assembly of Georgia on or before December 1, 1966, on which date the committee shall stand abolished.
HR 199. By Messrs. Richardson of the 116th, Palmer of the 117th, Hawkins of the 139th, Irvin of the llth and others:
A RESOLUTION
Creating an interim athletic and literary activities study com mittees; and for other purposes.
WHEREAS, the Georgia High School Association is presently the sole regulatory authority in regard to athletic and literary activities in the common schools of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee composed of seven members to be appointed by the Speaker. Said Committee's purpose will be to study the activities conducted by the Georgia High School Association as they relate to athletic and literary activities affecting the youth of the common schools of the State of Georgia. Said Committee shall be authorized to conduct in quiries calling upon the Georgia High School Association, its officers and directors, and those persons related to the activities of the Georgia High School Association in the conduct of athletic and literary activities in the common schools.
BE IT FURTHER RESOLVED that the members shall receive the compensation, per diem, expenses and allowances authorized for legisla-
MONDAY, JANUARY 31, 1966
627
tive members of interim legislative committees but shall receive the same for not more than twenty (20) days per member. The funds neces sary to carry out this resolution shall come from funds appropriated to or available to the legislative branch of government. The Committee shall make a report of its findings and recommendations on or before December 1, 1966, on which date the Committee shall stand abolished.
By unanimous consent, the following Bill of the House, having been reported from the Committee on Judiciary without recommendation, was recommitted to the Committee on Special Judiciary:
HB 30. By Messrs. Harris of the 118th and Carley of the 117th:
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; to provide that upon the return of a verdict of guilty, the jury shall hear evidence as to what sentence should be imposed; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time:
HR 124-239. By Mr. Underwood of the 61st:
A Resolution authorizing the Governor to execute a permanent ease ment on behalf of the State of Georgia over certain property located in Little Ocmulgee State Park to the Commissioners of Roads and Revenues of Wheeler County, Georgia, to be used in connection with the Telfair-Wheeler Airport.
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.:
Adams Alexander Alien Bagby Bean Bedgood
Berry Black Blalock Bowen Brackin Brinkley
Brown, B. D. Brown, C. Brown, M. P. Byrd Caldwell Carley
628
Games Carr Clark, J. T. Collins, J. P. Conger Cook
Cox
Crowe Dailey Davis DeLong Dickinson Dillon Dixon Dollar Doster Duncan Egan Etheridge Floyd Fulford Gaissert Gignilliat Grahl Grier Hadaway Hamilton Harrell Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Hill Holder Hood Howard Howell Hutchinson
JOURNAL OF THE HOUSE,
Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Kiley Knapp Knight Lambert Lambros Lee, W. S. Longino Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard
Powers Reaves Reid Richardson Roach Ross Rush Sherman Shields Sims Simkins Smith, G. L. II Smith, J. R. Snellings Spikes Spillers Stalnaker Starnes Stewart Story Stovall Sweat Taylor Thomas Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Westlake Wiggins
Those not voting were Messrs.:
Abney Anderson Barber Barfield Bennett Blair Brantley Bryant Busbee Gates Chandler Clarke, H. G.
Collins, M. Colwell, C. Conner Daugherty Dean Dorminy Drew Elliott Evensen Farrar Fleming Funk
Gary Gaynor Hale Harrington Harris, R. W. Higginbotham Houston Hull Jones, G. Paul Jordan, Ben C. Jordan, W. H. Land
MONDAY, JANUARY 31, 1966
629
Lane Lea, F. R. Lee, W. J. (Bill) Leonard Le vitas Lewis Lovell Matthews, D. R. McClatchey Mitchell Murphy
NeSmith, J. D. Nessmith, P. Newton, D. L. Rainey Rowland Russell Savage Smith, A. B. Smith, V. T. Smith, W. L. Snow
Steis Sullivan Thompson, A. W. Wells Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood Mr. Speaker
On the adoption of the Resolution, the ayes were 136, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Mr. Barber of the 24th stated that he had been called from the floor of the House when the vote was taken on HR 124-239, but had he been present, would hav voted "aye".
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 6. By Mssrs. Hull of the 104th, Murphy of the 26th, Conger of the 89th, Jones of the 112th and others:
A Bill to be entitled an Act to comprehensively revise, supersede, and modernize pretrial, trial and certain posttrial procedures in civil cases; and for other purposes.
The Speaker announced the House recessed until 2:00 o'clock this afternoon.
AFTERNOON SESSION
The Speaker called the House to order.
Under the general order of business, established by the Committee on Rules, the House again took up for consideration HB 6 which was under consideration immediately prior to the noon recess.
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JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 6 as follows:
By inserting in the title immediately before the phrase "to define harmless error;" the following:
"to provide for relief from judgments;".
By striking the next to the last word from Subsection (c) of Section 4 and inserting in lieu thereof the words "a later", so that when so amended the last sentence of Subsection (c) of Section 4 shall read as follows:
"When service is to be made within this State, the person making such service shall make such service within five days from the time of receiving the summons and complaint; but failure to make service within such five day period will not invalidate a later service."
By striking from the first sentence of Subsection (a) of Section 7 the word "thirty-party" and substituting in lieu thereof the word "third-party", so that when so amended Subsection (a) of Section 7 shall read as follows:
"(a) Pleadings. There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a crossclaim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned under the provisions of Section 14; and a third-party answer, if a third-party complaint is served."
By striking from the first sentence of Subsection (c) of Section 8 the words "contributory or", so that when so amended the first sentence of Subsection (c) of Section 8 shall read as follows:
"In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, as sumption of risk, comparative negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res pudicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense."
By striking from the fourth sentence of Section 11 the word "in" as it appears between the words "circumstances" and "abolished" and substituting in lieu thereof the word "is" and by striking from the fifth sentence of said Section the word "had" as it appears between the words "he" and "read" and substituting in lieu thereof the word "has", so that when so amended the fourth and fifth sentences of Section 11 shall read as follows:
"The rule in equity that the averments of an answer under oath must be overcome by the testimony of two witnesses or of one
MONDAY, JANUARY 31, 1966
631
witness sustained by corroborating circumstances is abolished. The signature of an attorney constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, informa tion and belief there is good ground to support it; and that it is not interposed for delay."
By striking from the last sentence of Subsection (e) of Section 12 the word "fixe" and substituting in lieu thereof the word "fix", so that when so amended the last sentence of Subsection (e) of Section 12 shall read as follows:
"If the motion is granted and the order of the court is not obeyed within fifteen (15) days after notice of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as
it deems just."
By adding at the end of Subsection (b) of Section 13 immediately before the period the following:
", unless the parties otherwise agree",
so that when so amended the last sentence of Subsection (b) of Section 13 shall read as follows:
"But any such permissive counterclaim must be separated for the purposes of trial, unless the parties otherwise agreed."
By striking from Subsection (b) of Section 18 the following:
"Joinder of Remedies; Fraudulent Conveyances.", and substituting in lieu thereof the following:
"Joinder of Remedies; Fraudulent Conveyances."
By striking from Subsection (a) of Section 19 the following "In dispensable Parties.", so that when so amended Subsection (a) of Section 19 shall read as follows:
"(a) Subject to the provisions of Section 23 and of subdivision (b) of this Section, persons having a joint interest shall be made parties and be joined on the same side as plaintiffs or defendants. When a person who should join as a plaintiff refuses to do so, he may be made a defendant or, in proper cases, an involuntary plaintiff."
By striking from the second sentence of Section 20 the word "jointed" and substituting in lieu thereof the word "joined", so that when so amended the second sentence of Section 20 shall read as follows:
"All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative,
632
JOURNAL, OF THE HOUSE,
any right to relief in respect of or arising out of the same transac tion, occurrence, or series of transactions or occurrences, and if any question of law or fact common to all of them will arise in the action."
By striking from Section 23 the following "Class Actions" and substituting in lieu thereof the following: "Class Actions".
By adding at the end of Subsection (b) of Section 23 the following:
"This Section is cumulative of, and not intended to supersede, Georgia Code Section 22-711."
By striking in its entirety Subsection (c) of Section 51.
By striking Section 60 in its entirety and substituting in lieu thereof a new Section 60 to read as follows:
"Section 60 Relief from Judgments.
(a) Collateral Attack. A judgment void on its face may be attacked in any court by any person. In all other instances, judg ments shall be subject to attack only by a direct proceeding brought for that purpose in one of the methods hereinafter prescribed.
(b) Methods of Direct Attack. A judgment may be attacked by motion for new trial, motion to set aside, or by complaint in equity. Judgments may be attacked by motion only in the court of rendition. Judgments may be attacked by complaint in equity in any superior court of appropriate jurisdiction.
(c) Motion for New Trial. A motion for new trial must be predicated upon some extrinsic defect which does not appear upon the face of the record or pleadings.
(d) Motion to Set Aside. A motion to set aside must be predicated upon some nonamendable defect which does appear upon the face of the record or pleadings. To be subject to motion to set aside, it is not sufficient that the complaint or other pleading fails to state a claim upon which relief can be granted, but the pleadings must affirmatively show that no claim in fact existed.
(e) Complaint in Equity. Complaint in equity may be brought to set aside a judgment for fraud, accident or mistake, or the acts of the adverse party unmixed with the negligence or fault of the complainant. Where a judgment is subject to be set aside in equity, the court may grant such other and further relief, legal or equitable, as may be necessary to afford complete relief.
(f) Procedure; Time of Relief. Reasonable notice by rule nisi shall be afforded the parties on all motions. Relief in equity must proceed by complaint and summons. A judgment void because of lack of jurisdiction of the person or subject matter may be attacked
MONDAY, JANUARY 31, 1966
633
at any time. Motions for new trial must be brought within the time now or hereafter prescribed by law. In all other instances, all motions, complaints or other proceedings to set aside or attack judgments shall be brought within three (3) years from entry of the judgment complained of.
(g) Clerical Mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from over sight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.
(h) Law of the Case Rule. The law of the case rule is hereby abolished."
By striking from Section 84 the figure "103" and substituting in lieu thereof the figure "101", so that when so amended Section 84 shall read as follows:.
"Section 84. Forms. The forms contained in Sections 101 through 134 of this Act are sufficient under the provisions of this Act and are intended to indicate the simplicity and brevity of state ment which this Act contemplates."
By striking from the first paragraph of Section 135 the word "The" and substituting in lieu thereof the following:
"In respect to those courts and actions to which this Act is applicable, the",
so that when so amended the first paragraph of Section 135 shall read as follows:
"In respect to those courts and actions to which this Act is applicable, the following statutes, acts and code sections are hereby repealed:"
By striking from Subsection (1) of Section 135 the following: "Sec tion 81-217 through 220," and substituting in lieu thereof the following "Section 81-217 through 221,".
The following amendments were read and adopted:
Mr. Murphy of the 26th moves to amend HB No. 6 as follows:
By striking from Sub-section (b) of Section 65 the figure and words "30 days", and inserting in lieu thereof the words and figures "60 days".
634
JOURNAL OF THE HOUSE,
Mr. Paris of the 23rd moves to amend HB No. 6 as follows:
By substituting a comma for the period at the end of Sub-section (c) of Section 28, and adding the following language thereto:
"unless such disqualification is waived in writing by all parties to the action."
Mr. Murphy of the 26th moves to amend HB No. 6 as follows:
By striking from Sub-section (d) (5) of Section 4 the words "or clerk" wherever it appears so said section as amended shall read as follows:
"(5) If against a county, municipality, city, or town, to the Chairman of the Board of Commissioners, President of the Council of Trustees, Mayor or City Manager of the City, or to an agent authorized by appointment to receive service or process."
Mr. Murphy of the 26th moves to amend HB No. 6 as follows:
By striking from Sub-section (ii) of Sub-section (e) of Paragraph (6) of Section 4 the words "or clerk" wherever they appear therein.
Mr. Murphy of the 26th moves to amend HB No. 6 as follows:
By striking from the last sentence of Section 11 the following words:
"that to the best of his knowledge, information and belief there is good ground to support it;"
Mr. Murphy of the 26th moves to amend HB No. 6 as follows:
By striking Sub-section (a) of Section 12 in its entirety and insert ing in lieu thereof the following Sub-section (a) :
"(a) When presented, a defendant shall serve his answer within 30 days after the service of the summons and complaint upon him, unless otherwise provided by statute. A cross claim or counter claim shall not require an answer, unless one is required by order of the court, and shall automatically stand denied."
Mr. Murphy of the 26th moves to amend HB No. 6 as follows:
MONDAY, JANUARY 31, 1966
635
By striking the colon after the word "motion" and inserting the following words "in writing" in Section 12 (b).
Mr. Murphy of the 26th moves to amend HB No. 6 as follows:
By striking Sub-section 4 of Section 27 in its entirety and inserting in lieu thereof the following Sub-section 4:
"(4) Use of Depositions. If a deposition to perpetuate testi mony is taken under this section or if, although not so taken, it would be otherwise admissible under the laws of this state, it may be used in any action involving the same parties, and same subject matter subsequently brought."
Mr. Murphy of the 26th moves to amend HB No. 6 as follows: By striking from Sub-section (c) of Section 30 the following
sentence: "the testimony shall be taken stenographically and transcribed
unless the parties agree otherwise."
and inserting in lieu thereof the following sentence:
"the testimony shall be taken stenographically, or by recording machine and transcribed."
Mr. Murphy of the 26th moves to amend HB No. 6 as follows:
By striking Sub-section (a) of Section 51, and renumbering same Section (b) accordingly.
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 Adams Alexander Alien Barber Barfield Bedgood
Bennett Black Brackin Brinkley Brown, B. D. Brown, C. Busbee
Byrd Caldwell Games Gates Collins, J. F. Conger Cook
636
Cox D alley Daug-herty DeLong Dillon Dollar Dorminy Drew Duncan Egan Elliott Etheridge Evensen Farrar Fleming Fulford Gaissert Gaynor Gignilliat Grahl Grier Hamilton Harris, J. F. Harris, R. W. Harrison Hawkins Higginbotham Hood Houston Hull Hutchinson Irvin
JOURNAL OP THE HOUSE,
Johnson, A. S. Dr. Jones, C. M. Jones, M. Kiley Knapp Knight Lambert Lambros Land Lee, W. S. Levitas Longino Lowrey Maddox Matthews, C. Mauldin McClatchey Melton Minge Mitchell Mixon Moore, J. H. Murphy Newton, D. L. Odom Oglesby Otwell Paris Parrish Peterson Pickard Powers
Rainey Richardson Ross Rowland Rush Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Stalnaker Starnes Steis Sullivan Thompson, A. W. Thompson, R. Town send Tucker Tye Vaughan, D. N. Walling Watkins Watson Wells Westlake
Those voting in the negative were Messrs.:
Bagby Bean Blalock Brantley Bryant Carley Chandler Clark, J. T. Col-well Crowe Davis Dean Dickinson Floyd Gary Hadaway Harrell Harrington Harris, J. R.
Henderson Herndon Holder Howard Howell Johnson, B. Jordan, Ben C. Jordan, W. H. Lane Lee, W. J. (Bill) Lovett Malone Marshall McCracken McDaniell Merritt NeSmith, J. D. Newton, A. S. Overby
Pafford Palmer Parker Reaves Reid Roach Russell Spikes Spillers Story Stovall Underwood Vaughn, C. R. Webb Wiggins Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
MONDAY, JANUARY 31, 1966
637
Those not voting were Messrs.:
Anderson Berry Blair Bo wen Brown, M. P. Carr Clarke, H. G. Collins, M. Conner Dixon Doster
Funk Hale Hill Jones, G. Paul Lea, F. R. Leonard Lewis Lovell Matthews, D. R. Moore, Don C. Nessmith, P.
Phillips Savage Smith, J. R. Stewart Sweat Taylor Thomas Ware Williams, G. J. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 115, nays 57.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 216. Messrs. Cox of the 127th, Carnes of the 129th, Adams of the 125th and others.
A Bill to be entitled an Act to amend Code Chapter 56-18 of the Georgia Insurance Code, relating to non-profit medical service corporations, as amended, so as to clarify certain definitions therein; and for other purposes.
An amendment, presented by Mr. Bennett of the 95th, was read and lost.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Bennett Brown, B. D. Brown, C. Carnes
Gates Collins, J. F. Conger Conner Cox Crowe
Daugherty Dillon Dollar Egan Elliott Evensen
638
Fulford Gaissert Gary Grier Harrell Harris, J. F. Harrison Hawkins Hill Hood Hutchinson Irvin
JOURNAL OP THE HOUSE,
Knapp Lambros Lee, W. J. (Bill) Leonard Longino Malone NeSmith, J. D. Odom Otwell Pafford Palmer Phillips
Powers Rush Russell Sims Starnes Steis Sullivan Thompson, A. W. Underwood Vaughan, D. N. Watson Wood
Those voting in the negative were Messrs.:
Abney Alien Anderson Barber Barfield Bedgood Berry Blalock Bowen Brackin Brantley Brinkley Brown, M. P. Bryant Busbee Caldwell Carley Chandler Clarke, H. G. Clark, J. T. Collins, M. Colwell Cook Dailey Davis Dean Dixon Dorminy Drew Duncan Farrar Floyd Gignilliat Grahl
Hadaway Harrington Harris, J. R. Henderson Higginbotham Holder Houston Howell Johnson, A. S. Dr. Johnson, B. Jones, M. Jordan, Ben C. Kiley Knight Lambert Land Lane Lee, W. S. Levitas Lovell Lowrey Maddox Marshall Matthews, C. Mauldin Melton Minge Mitchell Mixon Moore, J. H. Newton, D. L. Oglesby Overby Parrish
Pickard Rainey Reid Richardson Roach Ross Savage Sherman Shields Simkins Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Stewart Story Stovall Sweat Taylor Thomas Thompson, R. Tucker Tye Walling Watkins Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W.
Those not voting were Messrs.:
Bagby Bean Black
Blair Byrd Carr
DeLong Dickinson Doster
Etheridge Fleming Funk Gaynor Hale Hamilton Harris, R. W. Herndon Howard Hull Jones, C. M. Jones, G. Paul Jordan, W. H. Lea, F. R.
MONDAY, JANUARY 31, 1966
639
Lewis Lovett Matthews, D. R. McClatchey McCracken McDaniell Merritt Moore, Don C. Murphy Nessmith, P. Newton, A. S. Paris Parker Peterson
Reaves Rowland Smith, A. B. Smith, G. L. II Smith, V. T. Stalnaker Town send Vaughn, C. R. Ware Williams, G. J. Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 54, nays 101.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Cox of the 127th served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional majority to HB 216.
Mr. Elliott of the 107th stated that he had inadvertently voted "aye" on HB 216, but that he wished to be recorded as voting "nay".
HR 11-13. By Messrs. Abney, Snow and Hale of the 1st:
A Resolution compensating Gordon J. McGraw, Jr., and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 151, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 27-44. By Mr. Duncan of the 4th:
A Resolution compensating the Fannin County Agricultural Association, Inc.; and for other purposes.
640
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 ayes were 151, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 41-55. By Mr. Richardson of the 116th: A Resolution compensating L. H. Flowers; 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 151, nays 0.
The Resolution, having received the requisite majority, was adopted.
HR 45-71. By Messrs. Snow, Abney and Hale of the 1st: A Resolution compensating Grady Barfield; 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 151, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 47-72. By Mr. Thomas of the 77th: A Resolution compensating T. R. Herndon; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
MONDAY, JANUARY 31, 1966
641
On the adoption of the Resolution, the ayes were 151, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 48-72. By Mr. Thomas of the 77th: A Resolution compensating Lt. T. E. Caldwell; 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 151, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 51-88. By Mr. Wells of the 30th:
A Resolution compensating Mr. Jack W. Fambrough; 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 151, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 55-89. By Mr. Longino of the 122nd: A Resolution compensating Mr. J. Frank Lee; 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 151, nays 0.
642
JOURNAL OF THE HOUSE,
The Resolution, having received the requisite constitutional majority, was adopted.
HR 56-91. By Mr. Carr of the 48th:
A Resolution compensating the Washington County Sweet Potato Association; 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 151, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 26-44. By Mr. Lovell of the 6th: A Resolution compensating Mr. Willard York; and for other purposes.
The following Committee Amendment was read and adopted:
"The Committee on Appropriations moves to amend HR 26-44 by striking the sum of $1,200.00 and inserting the sum of $300.00."
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 151, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 136-255. By Mr. Leonard of the 3rd:
A Resolution authorizing the exchange and conveyance of certain property located in Murray County, Georgia by and between the State of Georgia and the Cohutta Talc Company, a Georgia Corporation; and for other purposes.
MONDAY, JANUARY 31, 1966
643
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bedgood Black Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Games Carr Gates Chandler Clarke, H. G. Collins, M. Colwell Conner Cook Cox Crowe Dailey Da vis Dean DeLong Dickinson Dillon Dixon Drew Duncan Evensen Farrar Fulford
Gaissert Gary Gignilliat Grahl Grier Hadaway Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Houston Howard Howell Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, M. Jordan, Ben C. Kiley Lambros Lane Lee, W. J. (Bill) Leonard Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell
Melton Minge Mitchell Mixon Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Reaves Reid Richardson Roach Rush Russell Savage Sherman Sims Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stain aker Starnes Steis Story Stovall Sullivan Sweat Taylor
644
Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye
JOURNAL OF THE HOUSE,
Underwood Vaughan, D. N. Walling Watkins Watson Webb
Wells Wiggins Williams, W. M. Wood
Voting in the negative was Mr. W. S. Lee.
Those not voting were Messrs.:
Bean Bennett Berry Blair Caldwell Clark, J. T. Collins, J. P. Conger Daugherty Dollar Dorminy Doster Egan Elliott Etheridge Fleming Floyd Funk
Gaynor Hale Hamilton Harris, R. W. Hull Jones, C. M. Jones, G. Paul Jordan, W. H. Knapp Knight Lambert Land Lea, F. R. Le vitas Lewis Merritt Moore, Don C.
Nessmith, P. Oglesby Rainey Ross Rowland Shields Simkins Smith, A. B. Smith, J. R. Stewart Vaughn, C. R. Ware Westlake Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 151, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were again taken up for consideration:
HB 164. By Messrs. Wells of the 30th, Richardson of the 116th, Jones of the 112th and others:
A Bill to be entitled an Act to amend an Act amending the adoption laws, so as to change the waiting period before final adoption; and for other purposes.
MONDAY, JANUARY 31, 1966
645
The following amendment was read and adopted:
Mr. Wells of the 30th moves to amend HB 164 by striking the last sentence of Section 5 in Section 1 (on page 1 of said Bill) in its
entirety.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Bagby Bedgood Black Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Carnes Gates Chandler Clarke, H. G. Collins, M. Colwell Cook Cox Crowe Dailey Daugherty Davis Dean DeLong Dillon Dixon Dorminy Drew
Duncan Etheridge Evensen Farrar Fleming Fulford Gaissert Gary Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Houston Howard Howell Hutchinson Irvin Johnson, A. S. Dr. Jones, M. Jordan, Ben C. Kiley Knapp Lambros Land Lane Lee, W. J. (Bill)
Lee, W. S. Levitas Longino Lovell Lovett Lowrey Maddox M alone Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell
Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Reaves Reid Richardson
646
Ross Rush Russell Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow
JOURNAL OF THE HOUSE,
Spillers Stalnaker Starnes Steis Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend
Tucker Tye Underwood Vaughn, C. R. Walling Watkins Watson Webb Wells Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs. Odom and Wiggins.
Those not voting were Messrs.:
Alien Barber Barfield Bean Bennett Berry Blair Caldwell Carr Clark, J. T. Collins, J. F. Conger Conner Dickinson Dollar Doster Egan Elliott
Floyd Funk
Gaynor Gignilliat Hale Harris, J. F. Harris, R. W. Hull
Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Knight Lambert Lea, F. R. Leonard Lewis Matthews, D. R.
Melton Merritt Moore, J. H. Nessmith, P. Rainey Roach Rowland Smith, A. B. Smith, J. R. Spikes Stewart Vaughan, D. N. Ware Westlake Williams, G. J. Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 149, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Barber of the 24th stated that he had been called from the floor of the House when the vote was taken, but had he been present, would have voted "aye" on HB 164.
MONDAY, JANUARY 31, 1966
647
HB 254. By Messrs. Story of the 22nd, Williams of the 16th, Johnson of the 40th and otheras:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide that motor vehicles upon the highways of this State shall display lighted lamps while it is raining; and for other purposes.
The following amendments were read and adopted:
"Mr. Bagby of the 21st moves to amend HB 254 by adding a new Section to be appropriately numbered to read as follows:
'A violation of this Act shall be deemed not to be a moving traffic violation'".
"Mr. Underwood of the 61st moves to amend HB 254 as follows:
'Provided, however, that this law will not apply to vehicles which have been approved by the vehicle inspection law for day-time operation only.' "
"Mr. Wiggins of the 32nd moves to amend HB 254 by striking the word 'and' as it appears after the word 'raining'; also after the word 'sunrise' and placing therein the word 'or'."
"Mr. Tye of the 141st moves to amend HB 254 by adding the words "or snowing" after the word "raining" wherever the same appear."
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:
Adams Barber Bean Blalock Brown, B. D. Brown, C. Bryant Games Gates Cook Cox
Crowe Dickinson Dillon Duncan Egan Etheridge Evensen Farrar Gignilliat Grier Hamilton
Harris, J. R. Hawkins Holder Hood Howard Hutchinson Kiley Lambert Land Lane Leonard
648
Levitas Maddox McDaniell Murphy NeSmith, J. D. Newton, D. L. Oglesby Overby Palmer Peterson
JOURNAL OF THE HOUSE,
Phillips Richardson Roach Savage Sims Smith, G. L. II Smith, W. L. Steis Story Stovall
Townsend Tye Underwood Walling Watson Webb Westlake Wiggins Williams, W. M. Wilson, R. W.
Those voting in the negative were Messrs.:
Alexander Alien Barfield Berry Black Bowen Brackin Brinkley Brown, M. P. Busbee Byrd Caldwell Carley Dailey Daugherty Davis DeLong Dixon Dorminy Drew Elliott Fleming Floyd Fulford Gaissert
Gary Grahl Hadaway Harrell Harris, J. F. Herndon Higginbotham Hill Houston Howell Johnson, A. S., Dr. Jones, M. Jordan, Ben C. Knapp Lee, W. J. (Bill) Lee, W. S. Longino Lovell Lowrey Malone Matthews, C. McClatchey Minge Mixon Moore, Don C.
Newton, A. S. Odom Pafford Paris Parker Parrish Pickard Powers Rush Russell Sherman Shields Simkins Snellings Spillers Starnes Stewart Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Tucker Vaughan, D. N.
Those not voting were Messrs.:
Abney Anderson Bagby Bedgood Bennett Blair Brantley Carr Chandler Clarke, H. G. Clark, J. T. Collins, J. F.
Collins, M. Colwell Conger Conner Dean Dollar Doster Funk Gaynor Hale Harrington Harris, R. W.
Harrison Henderson Hull Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Knight Lambros Lea, F. R. Lewis
MONDAY, JANUARY 31, 1966
649
Lovett Marshall Matthews, D. R. Mauldin McCracken Melton Merritt Mitchell Moore, J. H. Nessmith, P. Otwell
Rainey Reaves Reid Ross Rowland Smith, A. B. Smith, J. R. Smith, V. T. Snow Spikes Stalnaker
Taylor Vaughn, C. R. Ware Watkins Wells Williams, G. J. Wilson, J. M. Wood Mr. Speaker
On the passage of the Bill, as amended, the ayes were 63, nays 74.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Busbee of the 79th moved that the House do now adjourn until 10:30 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:30 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia Tuesday, February 1, 1966
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. A. J. Cooke, Pastor, Lake Pleasant Baptist Church, Pelham, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous 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.
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 1, 1966, and submits the following:
HB
33. County officers, Grand Jury indictment
HR 24- 44. Loans and scholarships, Gracewood
TUESDAY, FEBRUARY 1, 1966
651
HB
47. Income tax, student exemptions
HR 39- 55. Water pollution, exemption from taxation
HR 40- 55. Planning and zoning, local authority (reconsidered)
HB
74. Motor vehicles, seat belts
HB
75. Motor vehicles; seat belts
HB 133. Alimony pay, cease on remarriage
HB 136. Motor fuel tax, refund counties and municipalities
HB 137. Unemployment compensation, benefits
HB 87-138. Releasing State-owned property
HB 146. Worthless checks, felony
HB 161. Garnishment, 30 days after judgment
HB 198. Appropriations, Highway Laboratory
HB 199. HB 233. HB 234. HR 123-236. HR 120-236. HR 121-236. HB 247. HR 128-247. HB 255. HB 264. HB 325. HB 326. HB 327.
Office Building Authority, define "Project" Medical license, intern training Grandparents, visitation rights Convey land, Emanuel County Law books, Rome Judicial Circuit Law books, Floyd County Veterans, honorary drivers' licenses Income tax, persons serving in Viet Nam. State Institutional Farms Division, create Divorce, temporary alimony hearing Georgia Food Act, amend Fertilizer Act, registration Livestock auction, regulate
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of 79th
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 and Senate, to-wit:
652
JOURNAL OF THE HOUSE,
HB 3. By Mr. Lewis of the 50th:
A Bill to abolish the present mode of compensating the Sheriff of Burke County known as the fee system; and for other purposes.
HB 64. By Mr. Watkins of the 9th:
A Bill to abolish the present method of compensating1 the sheriff of Gilmer County, known as the fee system; and for other purposes.
HB 65. By Mr. Watkins of the 9th:
A Bill to abolish the present method of compensating the sheriff of Pickens County, known as the fee system; and for other purposes.
HB 89. By Messrs. Matthews and Newton of the 94th:
A Bill to amend an Act of the legislature relative to Colquitt County compensation of sheriff, so as to change the compensation of the sheriff of Colquitt County; and for other purposes.
HB 94. By Mr. Carnes of the 129th:
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 provide the compensation of the First Assistant Solicitor-General and Trial Assistant; and for other purposes.
HB 150. By Mr. Lovell of the 6th:
A Bill to amend an Act to provide for compensation of the Ordinary of Rabun County, so as to change the compensation of the Ordinary of Rabun County; and for other purposes.
HR 58-97. By Mr. Carnes of the 129th:
A Resolution proposing an amendment to Article XI of the Constitution of the State of Georgia, so as to authorize the Commissioners of Roads and Revenues of Fulton County to regulate business in unincorporated areas of said county; and for other purposes.
HR 59-97. By Mr. Carnes of the 129th:
A Resolution proposing an amendment to Article XI of the Constitution of the State of Georgia, so as to authorize the Commissioners of Roads and Revenues of Fulton County to operate sanitary landfills within the unincorporated areas of said county; and for other purposes.
TUESDAY, FEBRUARY 1, 1966
653
HR 60-99. By Mr. Carries of the 129th:
A Resolution proposing an amendment to the Constitution so as to authorize the Commissioner of Roads and Revenues of Pulton County to conduct Recreational activities in certain cities; and for other purposes.
SB 100. By Senators Fincher of the 51st, Moore of the 31st and Fincher of the 54th:
A Bill to amend Code Section 84-1304, relating to the filling of vacancies in the Georgia State Board of Pharmacy, as amended, so as to provide that the Georgia Pharmaceutical Association shall annually elect or nominate three practicing registered pharmacists to fill vacancies; and for other purposes.
SB 25. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th and others:
A Bill to provide for the submission of certain information to the Department of Public Safety, Bureau of Investigation; to provide what persons shall be required to furnish such information; to provide that the Department of Public Safety shall promulgate certain rules and regulations; and for other purposes.
SB 28. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th and others:
A Bill provided to protect property of the citizens of this State and to facilitate the identification of motor vehicles, parts, accessories and assemblies thereof, by prohibiting the sale in the State of Georgia of new motor vehicles and certain components not bearing identification numbers; and for other purposes.
SB 29. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th and others:
A Bill to amend Code Sec. 26-2603, relating to the larceny of certain motor vehicles and other vehicles, as amended, particularly by an Act approved April 1, 1965 (Ga. Laws 1965, p. 504), so as to provide for a new definition of motor vehicles covered under the provisions of this Act; to provide that the theft of parts of these vehicles shall also be a crime; and for other purposes.
654
JOURNAL OP THE HOUSE,
SB 68. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd and others:
A Bill to provide that any Bill relative to any retirement, pension or emeritus system or any other similar system, must be introduced in the General Assembly during the first ten days of any session thereof; to provide for fiscal notes, to provide the procedure connected with the foregoing; 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 Smith of the 18th, Downing of the 1st and Johnson of the 42nd:
A Bill to amend an Act creating the Department of Public Safety and providing for the issuance, revocation, suspension and renewal of driver licenses, as amended, so as to provide that the Director may revoke the license of certain licensees upon their conviction of certain offenses; and for other purposes.
SB 110. By Senator Smith of the 18th:
A Bill to amend an Act creating a Board of County Commissioners for the County of Houston, as amended, so as to provide that Posts Num bered Four and Five shall be separate from each other, and subject to same voting requirements as Posts Numbered 1, 2 and 3; and for other purposes.
SR 42. By Senator Kendrick of the 32nd:
A Resolution commending Mrs. Bernice McCullar; and for other purposes.
SB 33. By Senators Broun of the 46th, Minish of the 48th, Kilpatrick of the 44th and others:
A Bill to create a State Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers, and Motor Vehicle Rebuilders; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 387. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend the Revenue Bond Law (formerly known as the Revenue Certificate Law of 1937), relating to the publi-
TUESDAY, FEBRUARY 1, 1966
655
cation of notice to the public of a hearing to validate Revenue Bonds; and for other purposes.
Referred to the Committee on Judiciary.
HB 388. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend Section 87-303 of the Code of Georgia relating to the publication of notice to the public of the hearing to validate general obligation bonds to be issued by a County, munici pality or political subdivision; and for other purposes.
Referred to the Committee on Judiciary.
HB 389. By Mrs. Hamilton of the 137th, Messrs. Carnes of the 129th and Lambros of the 130th:
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 exempt from the provisions of said Act certain sales of tangible personal property and services which are used exclusively for eleemosynary and charitable purposes by certain institutions; and for other purposes.
Referred to the Committee on Ways and Means.
HR 184-389. By Mr. Ross of the 31st:
A Resolution compensating Bobby Gene Rocker; and for other purposes.
Referred to the Committee on Appropriations.
HB 390. By Mr. Palmer of the 117th:
A Bill to be entitled an Act to amend Code Chapter 23-9, relative to creating the county management form of county government and the composition thereof, so as to provide in certain counties the creation of the county management form of county government and the compo sition thereof, shall be created; and for other purposes.
Referred to the Committee on Judiciary.
HB 391. By Messrs. Alien of the 93rd and Rush of the 75th:
A Bill to be entitled an Act to provide that buildings and facilities constructed in this State by the use of State, county and municipal funds or of any public authority created for the purpose of constructing or contracting for the construction of any public buildings shall adhere to certain design principles, standards and specifications in order to make these facilities accessible to and usable by the physically handi capped; and for other purposes.
Referred to the Committee on State of Republic.
656
JOURNAL OF THE HOUSE,
HB 392. By Mr. Smith of the 44th:
A Bill to be entitled an Act to amend an Act fixing the salary for the Commissioners of Roads and Revenues of Pike County, so as to increase the compensation of the commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 393. By Mr. Smith of the 44th:
A Bill to be entitled an Act to amend an Act fixing the salary of the Clerk of the Board of Commissioners of Roads and Revenues of Pike County, so as to change the compensation of the clerk; and for other purposes.
Referred to the Committee on Local Affairs.
HB 394. By Mr. Smith of the 44th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Zebulon, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 395. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to provide for the removal of the city manager by the mayor and council by resolution, which resolution shall be final and conclusive and not subject to review; and for other purposes.
Referred to the Committee on Local Affairs.
HB 396. By Messrs. Brown of the 135th and Hood of the 124th:
A Bill to be entitled an Act to provide for the minimum hourly wage to be paid to certain employees of this State; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 397. By Messrs. Brown of the 135th and Hood of the 124th:
A Bill to be entitled an Act to amend an Act creating the Georgia State Board of Funeral Service, so as to change the composition of the Board; and for other purposes.
Referred to the Committee on Judiciary.
TUESDAY, FEBRUARY 1, 1966
657
HB 398. By Messrs. Brown of the 120th, Cox of the 127th, Carnes of the 129th, Dillon of the 128th, Adams of the 125th, Brown of the 135th, Hood of the 124th, Grier of the 132nd and Bagby of the 21st:
A Bill to be entitled an Act to provide that every employer shall furnish and maintain employment and a place of employment which shall be reasonably safe and healthful for employees as are reasonably necessary to protect the life, health and safety of such employees; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 399. By Mr. Leonard of the 3rd:
A Bill to be entitled an Act to amend an Act creating a commissioner of roads and revenues for Murray County, so as to increase the com pensation of the commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HR 185-399. By Mr. Underwood of the 61st:
A Resolution proposing an amendment to the Constitution so as to create the Wheeler County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HR 186-399. By Mr. Underwood of the 61st:
A Resolution proposing an amendment to the Constitution so as to create the Montgomery County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HR 187-399. By Messrs. Overby, Williams and Wood of the 16th: A Resolution authorizing the conveyance of certain land owned by the State Highway Department; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 400. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Rockdale, so as to authorize the commissioner to appoint an executive assistant for the purpose of assisting the commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
658
JOURNAL OP THE HOUSE,
HB 401. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of roads and revenues for Rockdale County, so as to change the compensation of the commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 402. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Rockdale County, known as the fee system; to provide in lieu thereof a fixed salary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 403. By Messrs. Carr and Rowland of the 48th:
A Bill to be entitled an Act to amend an Act incorporating the City of Sandersville, so as to abolish the Water and Light Commission and transfer all the functions of said Commission to the Mayor and Council; and for other purposes.
Referred to the Committee on Local Affairs.
HB 404. By Mr. Fleming of the 106th:
A Bill to be entitled an Act to make it a misdemeanor for any persons, firm or corporation to possess or use the same wave length of the radio system adopted by any law enforcement agency in this State without written authorization; and for other purposes.
Referred to the Committee on Judiciary.
HB 405. By Mr. Fleming of the 106th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to make it unlawful to possess the same wave length of the radio system adopted by the Department of Public Safety without prior written authorization of the Director of said Department; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 188-405. By Mr. Phillips of the 41st:
A Resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly may grant to the governing authority of Columbia County the right to construct and repair streets and side walks and to assess the costs thereof; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 1, 1966
659
HB 406. By Mr. Harris of the 85th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Glynn County, so as to provide for the election of members by a majority vote; and for other purposes.
Referred to the Committee on Local Affairs.
HB 407. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, the sheriff and the tax commissioner of Mclntosh County upon an annual salary, so as to allow the clerk of the superior court to retain certain fees authorized for certain of his services; and for other purposes.
Referred to the Committee on Local Affairs.
HR 189-407. By Mr. Collins of the 62nd:
A Resolution compensating Deputy Sheriff Dessie Kea; and for other purposes.
Referred to the Committee on Appropriations.
HR 190-407. By Messrs. Pickard, Brinkley and Jones of the 112th, Thompson and Berry of the 110th, Thompson and Shields of the lllth:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly, upon recommendation by the Board of Commissioners of Roads and Revenues of Muscogee County, to com bine or consolidate administrative departments and functions of county and municipal governments within the limits of Muscogee County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 191-407. By Messrs. Pickard and Brinkley of the 112th, Thompson and Shields of the lllth, Thompson and Berry of the 110th:
A Resolution proposing an amendment to the Constitution so as to provide that in lieu of the Commissioner of Roads and Revenues of Muscogee County and the City Commission of the City of Columbus, a single commission be established; and for other purposes.
Referred to the Committee on Local Affairs.
HB 408. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A Bill to be entitled an Act to amend Code Chapter 95-19, relative to grade crossing elimination, so as to provide the procedure relative to the installation of automobile signalling devices at grade crossings of municipal streets; and for other purposes.
Referred to the Committee on Highways.
660
JOURNAL OF THE HOUSE,
HB 409. By Mr. Smith of the 54th:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Emanuel County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 410. By Mr. Harris of the 118th:
A Bill to be entitled an Act to amend Code Chapter 26-28 so as to provide for criminal sanctions for the larceny or conversion of tangible personal property which has been rented or leased; and for other purposes.
Referred to the Committee on Judiciary.
HB 411. By Mr. McCracken of the 49th:
A Bill to be entitled an Act to amend the Charter of the City of Wadley, by providing for the opening of registration books forty-five (45) days prior to the date of election and closing same fifteen (15) days prior to the date of election, whenever any election is to be held in and for the said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 412. By Mr. Grahl of the 52nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fort Valley, so as to provide maximum salaries for the mayor, recorder, city councilmen, chairman of the utility commission and members of the utility commission; and for other purposes.
Referred to the Committee on Local Affairs.
HR 192-412. By Mr. Rainey of the 69th:
A Resolution to compensate William Myers Brock; and for other purposes.
Referred to the Committee on Appropriations.
HR 193-412. By Mr. Dillon of the 128th: A Resolution compensating Perry L. Willford; and for other purposes.
Referred to the Committee on Appropriations.
HB 413. By Messrs. Dillon of the 128th, Hawkins of the 139th, Hood of the 124th, Adams of the 125th, Grier of the 132nd 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
TUESDAY, FEBRUARY 1, 1966
661
cities having a population of more than 150,000, so as to change the provisions as to reduced pension benefits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 414. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Lumpkin County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 415. By Mr. Clark of the 2nd:
A Bill to be entitled an Act to abolish the present mode of compensating the Sheriff of Catoosa County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 416. By Messrs. Newton of the 94th, Irvin of the llth, Steis of the 100th, Matthews of the 94th and Bedgood of the 29th:
A Bill to be entitled an Act to provide for a tax on each deed, instru ment or other writing by which any real estate is sold, transferred or conveyed when the consideration or value of the interest or property conveyed exceeds $100.00; and for other purposes.
Referred to the Committee on Judiciary.
HB 417. By Mr. Thomas of the 77th:
A Bill to be entitled an Act to provide for additional terms of the superior court of Wayne County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 418. By Messrs. Thomas of the 77th and Pafford of the 97th:
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 ap pliances, 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.
HR 194-418. By Mr. Thomas of the 77th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Wayne County to levy a tax not
662
JOURNAL OF THE HOUSE,
to exceed one mill for industrial development purposes; and for other purposes.
Referred to the Committee on Local Affairs.
HB 419. By Mr. Lee of the 79th:
A Bill to be entitled an Act to provide an alternative method, cumulative to existing methods, for extending municipal boundaries of municipali ties having a population of less than 5,000 persons; and for other purposes.
Referred to the Committee on Judiciary.
HB 420. By Mr. Lee of the 79th:
A Bill to be entitled an Act to provide an alternative method, cumulative to existing methods for extending municipal boundaries of municipalities having a population of 5,000 or more persons; and for other purposes.
Referred to the Committee on Judiciary.
HB 421. By Messrs. Mauldin of the 18th, Blalock of the 33rd, Smith of the 3rd, Oglesby of the 92nd, Melton of the 34th and others:
A Bill to be entitled an Act to provide for the regulation of "Perpetual Care" and "Endowment Care" cemeteries; and for other purposes.
Referred to the Committee on Judiciary.
HR 195-421. By Mr. Marshall of the 39th:
A Resolution proposing an amendment to the Constitution so as to create the Hancock County Development Authority; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 422. By Mr. Williams of the 82nd:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Douglas, so as to extend the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 423. By Messrs. Murphy of the 26th, Overby of the 16th and Pickard of the 112th:
A Bill to be entitled an Act to amend the Intangible Property Tax Act of 1955, so as to provide that the holder of a long-term note secured by real estate shall remit to the Tax Collector or Tax Commissioner or
TUESDAY, FEBRUARY 1, 1966
663
his deputy a tax collected by such holder of such long-term note secured by real estate from the person or persons executing such long-term note; and for other purposes.
Referred to the Committee on Banks and Banking.
HR 200-423. By Messrs. Harris, Farrar, Walling and Levitas of the 118th, Palmer, Malone, Carley and Vaughn of the 117th, Westlake, Evensen, Bean and Higginbotham of the 119th:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues of DeKalb County to provide systems of garbage disposal; 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 384. By Mr. Black of the 56th:
A Bill to be entitled an Act to authorize the governing authority of Chattahoochee County to assess and collect license fees, license and regulate taxicabs and cabs for hire, classify businesses and business enterprises, assess different license fees and taxes in the interest and welfare of the citizens of Chattanooga County; and for other purposes.
HB 385. By Messrs. Matthews and Bedgood of the 29th:
A Bill to be entitled an Act to amend an Act relating to the licensing of warm air heating contractors, so as to provide that certain counties shall come within the terms and provisions of said Act; and for other purposes.
HR 172-385. By Mr. Harris of the 118th: A Resolution compensating Doyle F. Whiteaker; and for other purposes.
HR 173-385. By Mr. Harris of the 118th:
A Resolution compensating Mr. Arthur W. Wainwright; and for other purposes.
HR 174-385. By Mr. Harris of the 118th:
A Resolution compensating Mr. and Mrs. Randolph E. Ward; and for other purposes.
664
JOURNAL OF THE HOUSE,
HR 175-385. By Mr. Harris of the 118th:
A Resolution compensating Mr. Samuel Rushing Smith; and for other purposes.
HR 176-385. By Mr. Harris of the 118th:
A Resolution compensating Mr. Raymond J. Wrinn; and for other purposes.
HR 177-385. By Mr. Harris of the 118th:
A Resolution compensating Mr. and Mrs. Samuel C. Williams; and for other purposes.
HR 178-385. By Mr. Harris of the 118th:
A Resolution compensating Mrs. Prank R. Rippetoe; and for other purposes.
HR 181-385. By Mr. Dickinson of the 27th:
A Resolution compensating Mr. Johnny A. Brown; and for other purposes.
HR 182-385. By Mr. Westlake of the 119th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnifying any person who incurs personal injury or indemnifying his estate for loss of life while assisting any law enforcement officer in the official per formance of his duties; and for other purposes.
HR 183-385. By Mr. Dean of the 20th:
A Resolution authorizing the conveyance of certain State property located in Cobb County; and for other purposes.
HB 386. By Mr. Story of the 22nd:
A Bill to be entitled an Act to amend an Act providing appropriations for the State Government for the fiscal year 1965-66 and 1966-67, so as to delete the provision requiring funds appropriated to the State De partment of Education for Section 12 of the Act known as the "Mini mum Foundation Program of Education Act"; and for other purposes.
TUESDAY, FEBRUARY 1, 1966
665
SB 92. By Senators Dean of the 6th, Searcey of the 2nd and Hall of the 52nd:
A Bill to be entitled an Act to authorize, direct and empower the standards that should be required of Day Care Centers operated and maintained to furnish a training program and to care for the mentally retarded; and for other purposes.
Mr. Newton of the 50th District, Chairman of the Committee on Agriculture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture has had under consideration the following Bill of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 324. Do Pass. Respectfully submitted, Newton of 50th District, Chairman.
Mr. Blalock of the 33rd District, Chairman of the Committee on Appropri ations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Bills and Resolutions of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 251. Do Pass.
HB
51. Do Pass.
HR 12- 13. Do Pass.
HR 64-110. Do Pass.
HR 95-165. Do Pass
HR 63-110. Do Pass.
HR 71-122. Do Pass.
HR 72-122. Do Pass, as Amended.
HR 96-165. Do Pass.
HR 79-132. Do Pass.
Respectfully submitted,
Blalock of 33rd District,
Chairman.
666
JOURNAL OF THE HOUSE,
Mr. Melton of the 34th District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education, 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 169. HB 297. HR 122-236. HB 292.
Do Pass. Do Not Pass. Do Not Pass. Do Pass.
Respectfully submitted,
Melton of 34th District,
Chairman.
Mr. Steis of the 100th District, Chairman of the Committee on Defense and Veteran's Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense & Veterans Affairs, has had under consideration the following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 167-375. Do Pass. Respectfully submitted, Steis of 100th District Chairman.
Mr. Vaughn of the 117th District, 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 105. Do Pass, by Substitute. HB 143. Do Pass, as Amended. HB 201. Do Pass, as Amended.
Respectfully submitted, Vaughn of 117th District, Chairman.
TUESDAY, FEBRUARY 1, 1966
667
Mr. Brinkley of the 112th District, 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:
HR 152-313. Do Pass, as Amended. HR 154-321. Do Pass, as Amended. HR 164-364. Do Pass, as Amended. HR 163-364. Do Pass. HB 236. Do Pass. HB 345. Do Pass. HB 347. Do Pass. HB 348. Do Pass. HB 349. Do Pass. HB 359. Do Pass. HB 360. Do Pass. HB 361. Do Pass. HB 362. Do Pass. HB 364. Do Pass. HB 365. Do Pass. HB 367. Do Pass. HB 378. Do Pass. HB 381. Do Pass.
Respectfully submitted,
Brinkley of 112th District,
Chairman.
Mr. Williams of the 16th District, 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 222. Do Pass. HB 336. Do Pass.
Respectfully submitted, Williams of 16th District, Chairman.
668
JOURNAL OF THE HOUSE,
Mr. Etheridge of the 123rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the follow ing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 370. Do Pass, as Amended. HB 242. Do Pass, as Amended. HB 134. Do Pass. HB 154. Do Pass. HB 170. Do Pass. HB 371. Do Pass. HB 36. Do Pass.
Respectfully submitted, Etheridge of 123rd District, Chairman.
Mr. Barber of the 24th District, 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 98. Do Pass. Respectfully submitted, Barber of 24th, Chairman.
Mr. Cox of the 127th 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 216. By Messrs. Cox of the 127th, Carnes of the 129th, Adams of the 125th and others: A Bill to be entitled an Act to amend Code Chapter 56-18 of the Georgia Insurance Code, relating to non-profit medical service corporations, as
TUESDAY, FEBRUARY 1, 1966
669
amended, so as to clarify certain definitions therein; and for other purposes.
Mr. Savage of the 58th objected.
Mr. Cox of the 127th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 216.
On the motion to reconsider, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Bean Black Brown, B. D. Busbee Caldwell Carley Carnes Gates Collins, J P. Conger Cox Crowe Daugherty Dillon Dollar Doster
Duncan Egan Evensen Gaynor Grier Harrell Harris, J. F. Harrison Hawkins Herndon Hill Hood Hutchinson Lambros Lee, W. S. Lewis Longino
Those voting in the negative were Messrs.:
Alien Barber Berry Brinkley Brown, M. P. Bryant Byrd Clarke, H. G. Clark, J. T. Colwell Conner Cook Dailey Dean DeLong
Dorminy Drew Elliott Floyd Gignilliat Grahl Harris, R. W. Henderson Holder Johnson, Dr. A. S. Johnson, B. Jones, M. Kiley Knapp Knight
Malone Minge Murphy Odom Otwell Paris Peterson Phillips Powers Shields Sims Smith, G. L. II Starnes Steis Thompson, A. W. Vaughan, D. N. Ware
Lane Maddox McCracken Melton Merritt Mixon Moore, Don C. Moore, J. H. Newton, A. S. Oglesby, J. W. Overby Pafford Parker Parrish Pickard
670
Rainey Reid Richardson Roach Ross Rowland Savage Sherman Smith, J. R.
JOURNAL OF THE HOUSE,
Snellings Spikes Spillers Stewart Story Sullivan Taylor Thomas Town send
Tye Watkins Watson Webb Wigging Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Alexander Anderson Bagby Barfield Bedgood Bennett Blair Blalock Bowen Brackin Brantley Brown, C. Carr Chandler Collins, M. Davis Dickinson Dixon Etheridge Farrar Fleming Fulford Funk Gaissert Gary Had away
Hale Hamilton Harrington Harris, J. R. Higginbotham Houston Howard Howell Hull Irvin Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Lambert Land Lea, F. R. Lee, W. J. (Bill) Leonard Le vitas Lovell Lovett Lowrey Marshall Matthews, C. Matthews, D. R. Mauldin
McClatchey McDaniell Mitchell NeSmith, J. D. Nessmith, P. Newton, D. L. Palmer Reaves Rush Russell Simkins Smith, A. B. Smith, V. T. Smith, W. L. Snow Stalnaker Stovall Sweat Thompson, R. Tucker Underwood Vaughn, C. R. Walling Wells Westlake Wilson, J. M. Mr. Speaker
On the motion to reconsider HB 216, the ayes were 51, nays 72.
The motion was lost.
Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time:
HR 123-236. By Mr. Smith of the 54th:
A Resolution authorizing the conveyance of a certain tract of land in Emanuel County; and for other purposes.
TUESDAY, FEBRUARY 1, 1966
671
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Barber Bean Bedgood Black Brackin Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Gates Clarke, H. G. Clark, J. T. Conger Cox Crowe Dailey Davis Dean Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Ployd Gaissert
Gaynor
Gignilliat
Grahl
Hadaway
Harrell
Harris, J. R.
Harris, R. W.
Harrison Henderson Herndon Hood Houston Howard Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Kiley Knapp Knight Lambros Land Lane Lee, W. S. Levitas Lewis Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H.
Murphy, T. B.
Nessmith, P.
Newton, A. S.
Oglesby
Otwell
Overby
Pafford
Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rowland Savage Sherman Sims Simkins Smith, G. L. II Snellings Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Tye Vaughn, C. R. Watkins Watson
Webb
Wells
Westlake Wiggins
Williams, W. M.
Wilson, R. W.
Wood
672
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Alexander Anderson Bagby Barfield Bennett Berry Blair Blalock Bowen Brantley Brinkley Brown, B. D. Carr Chandler Collins, J. F. Collins, M. Colwell Conner Cook Daugherty DeLong Elliott Etheridge Evensen Farrar Fleming
Fulford Funk Gary Grier Hale Hamilton Harrington Harris, J. F. Hawkins Higginbotham Hill Holder Howell Hull Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Lambert Lea, F. R. Lee, W. J. (Bill) Leonard Longino Lovett Mauldin
NeSmith, J. D. Newton, D. L. Odom Pickard Rainey Rush Russell Shields Smith, A. B. Smith, J. R. Smith, V. T. Smith, W. L. Spillers Thompson, A. W. Thompson, R. Townsend Tucker Underwood Vaughan, D. N. Walling Ware Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 128, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Mr. Conger of the 89th arose to a point of personal privilege and addressed the House.
Under the general order of business established by the Committee on Rules, the following Resolution of the House was again taken up for consideration:
HR 40-55. By Mr. Richardson of the 116th:
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, busi ness, residential and recreational purposes; to provide for the submis-
TUESDAY, FEBRUARY 1, 1966
673
sion of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article XI 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 I. County Planning and Zoning. The governing authority of each county is empowered to enact for un incorporated areas of the county appropriate planning and zoning ordinances for public safety, historic, health, business, residential and recreational purposes. Such governing authority is hereby au thorized to establish planning and zoning commissions separately or in conjunction with any combination of other counties and munici palities 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 II. Municipal Planning and Zoning. The govern ing authority of each municipality is empowered to enact appro priate planning and zoning ordinances for public safety, historic, health, business, residential or recreational purposes. Such govern ing authority is hereby authorized to establish planning and zoning commissions separately or in conjunction with any combination of other municipalities and counties 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."
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 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?"
674
JOURNAL OF THE HOUSE,
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 substitute to HR 40-55 was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authorities of the City of Savannah and Chatham County to enact planning and zoning ordinances for historic purposes; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article XI of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authorities of the City of Savannah and Chat ham County are empowered to enact appropriate planning and zoning ordinances for historic purposes. Such governing authorities are hereby authorized to establish planning and zoning commissions separately or in conjunction with one another. The General Assem bly is hereby authorized to provide by law for such a joint planning and zoning commission and to provide the powers and duties there of. Such governing authorities are hereby authorized to participate in the costs of such planning commissions."
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:
TUESDAY, FEBRUARY 1, 1966
675
"YES ( ) Shall the Constitution be amended so as to authorize governing authorities of the City of Savannah and
NO ( ) Chatham County to enact planning and zoning ordi nances for historic 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 Resolution, was agreed to, by substitute.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alien Anderson Bagby Bedgood Black Blalock Brackin Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Carnes Gates Clark, J. T. Conger Conner Cox Dailey Daugherty Davis Dean
DeLong Dickinson Dillon Dixon Dollar Dorminy Drew Duncan Egan Etheridge Evensen Farrar Fleming Floyd Fulford Gary Gignilliat Grahl Grier Hadaway Hale Harrell Harris, J. R. Harris, R. W. Harrison Hawkins
Henderson Herndon Higginbotham Hill Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jordan, Ben C. Knapp Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell
676
Lovett Lowrey Maddox Malone Marshall Matthews, D. R. McClatchey McCracken McDaniell Merritt Minge Mitchell Mixon Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby
JOURNAL OF THE HOUSE,
Pafford Palmer Paris Parker Parrish Phillips Powers Reid Richardson Roach Ross Rush Russell Savage Sherman Sims Simkins Smith, J. R. Smith, W. L. Snellings Snow Spikes
Stalnaker Starnes Steis Stewart Story Sullivan Thomas Townsend Tye Underwood Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, J. M. Wilson, R. W.
Those voting in the negative were Messrs. Gaynor and Kiley.
Those not voting were Messrs.:
Alexander Barber Barfield Bean Bennett Berry Blair Bowen Brantley Brinkley Caldwell
Carr Chandler Clarke, H. G. Collins, J. F. Collins, M. Colwell Cook Crowe Doster
Elliott Funk Hamilton Harrington Harris Holder Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Knight Leonard Matthews, C. Mauldin Melton Moore, J. H. NeSmith, J. D. Peterson Pickard Rainey
Reaves Rowland Shields Smith, A. B. Smith, G. L. II Smith, V. T. Spillers Stovall Sweat Taylor Thompson, A. W. Thompson, R. Tucker Vaughan, D. N. Ware Williams, G. J. Wood Mr. Speaker
On the adoption of the Resolution, by substitute, the ayes were 143, nays 2.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, by substitute.
TUESDAY, FEBRUARY 1, 1966
677
Mr. Barber of the 24th stated that he had been called from the floor of the House, but had he been present, would have voted "aye" on HR 40-55, as amended.
Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 39-55. By Mr. Richardson of the 116th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from taxation of all facilities installed for the primary purpose of reducing air or water pollution; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The General Assembly shall have the authority to provide for the exemption from any and all taxation any facilities which shall be installed or constructed for the primary purpose of eliminating or reducing air or water pollution. The General Assembly is further authorized to provide for the manner in which such exemptions shall be granted and to prescribe the prerequisites which shall be required to be met before any such exemption shall be granted, including the designation of any appropriate state agency or organi zation to which the General Assembly shall be authorized to dele gate any and all powers necessary and appropriate to carry out the purposes and responsibilities of this paragraph."
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 General Assembly to provide for the exemption
678
JOURNAL OF THE HOUSE,
NO ( ) from taxation of all facilities installed for the primary purpose of reducing air or water pollution?"
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 Adams Alexander Alien Anderson Barber Black Blalock Brackin Brantley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Caldwell Carley Carnes Carr Gates Clark, J. T. Colwell Conger Cox Crowe Dailey Davis Dean
DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Etheridge Evensen Farrar Fleming Floyd Gaissert Gary Gaynor Gignilliat
Grahl Grier Hale Harrell Harris, J. F. Harris, J. R. Harrison Hawkins Henderson
Herndon Higginbotham Hill Hood Houston Howard Howell Irvin Johnson, Dr. A. S. Jordan, Ben C. Kiley Knapp Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Mauldin McClatchey McCracken
McDaniell Melton Merritt Minge Mitchell Moore, Don C. Moore, J. H. Murphy Newton, A. S. Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips
TUESDAY, FEBRUARY 1, 1966
679
Powers Reaves Reid Richardson Roach Ross Rowland Rush Russell Savage Sherman Sims Simkins Smith, G. L. II Smith, W. L. Snellings Snow Stalnaker Starnes
Steis Stewart Story Sullivan Sweat Thomas Townsend Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wiggins Wilson, R. W.
Voting in the negative was Mr. W. S. Lee.
Those not voting were Messrs.:
Bagby Barfield Bean Bedgood Bennett Berry Blair Bo wen Brinkley Busbee Chandler Clarke, H. G. Collins, J. F. Collins, M. Conner Cook Daugherty Elliott Fulford Funk Hadaway Hamilton
Harrington Harris, R. W. Holder Hull Hutchinson Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Knight Lambert Leonard Marshall
Matthews, C. Matthews, D. R. Mixon NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Pickard
Rainey Shields Smith, A. B. Smith, J. R. Smith, V. T. Spikes Spillers Stovall Taylor Thompson, A. W. Thompson, R. Tucker Ware Wells Westlake Williams, G. J. Williams, W. M. Wilson, J. M. Wood Mr. Speaker
On the adoption of the Resolution, the ayes were 139, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
680
JOURNAL OP THE HOUSE,
HB 161. By Messrs. Harrison of the 98th and Harris of the 118th:
A Bill to be entitled an Act to amend Code Section 46-101, relating to the right to the process of garnishment, as amended, so as to provide that no garnishment shall issue against wages until thirty days after final judgment; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Barber Barfield Bennett Brackin Brantley Brown, C. Busbee Byrd Carley Carnes Conger Cox Crowe Daugherty DeLong Dillon Dixon Dollar Drew Etheridge Evensen Grahl Grier
Hale Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hood Houston Howell Hutchinson Jones, C. M. Land Lee, W. S. Levitas Longino Maddox Malone McDaniell Melton Mixon Newton, A. S. Overby Pafford Palmer Parker Parrish
Peterson Phillips Richardson
Roach Ross Rush Smith, G. L. II Smith, W. L. Snellings Snow Stalnaker Steis Stovall Sullivan Sweat Taylor Thomas Underwood
Vaughn, C. R. Walling Webb Wells Westlake Williams, W. M. Wood
Those voting in the negative were Messrs.:
Alien Anderson Black Blalock Bo wen Bryant
Carr Gates Collins, J. F. Colwell Dailey Davis
Dean Dickinson Dorminy Duncan Ployd Gaissert
TUESDAY, FEBRUARY 1, 1966
681
Gary Gaynor Gignilliat Harris, J. F. Hawking Herndon Hill Holder Howard Johnson, Dr. A. S. Johnson, B. Jordan, Ben C. Knight Lea, F. R. Lee, W. J. (Bill)
Leonard Lewis Lovett Lowrey Marshall Mauldin McClatchey McCracken Minge Mitchell Moore, Don C. Moore, J. H. Murphy Oglesby Otwell
Paris Powers Rainey Russell Savage Sherman Sims Simkins Starnes Stewart Story Tye Vaughan, D. N. Watson Wilson, R. W.
Those not voting were Messrs.:
Bagby Bean Bedgood Berry Blair Brinkley Brown, B. D. Brown, M. P. Caldwell Chandler Clarke, H. G. Clark, J. T. Collins, M. Conner Cook Doster Egan Elliott Farrar Fleming Fulford Funk
Hadaway Hamilton Harrell Harrington Hull Irvin Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lambert Lambros Lane Lovell Matthews, C. Matthews, D. R. Merritt NeSmith, J. D. Nessmith, P. Newton, D. L. Odom
Pickard Reaves Reid Rowland Shields Smith, A. B. Smith, J. R. Smith, V. T. Spikes Spillers Thompson, A. W. Thompson, R. Townsend Tucker Ware Watkins Wiggins Williams, G. J. Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 77, nays 63.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Harrison of the 98th served notice that at the proper time, he would ask the House to reconsider its action in failing to give the requisite constitu tional majority to the above captioned HB 161.
682
JOURNAL OF THE HOUSE,
HB 74. By Messrs. Dickinson of the 27th, Moore of the 12th, Evensen of the 119th, Jordan of the 103rd, Westlake of the 119th and Levitas of the 118th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide that all 1967 and later model passenger automobiles, station wagons and certain trucks be equipped with safety belts on all seats; and for other purposes.
The following Committee substitute to HB 74 was read and adopted:
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 approved March 12, 1965 (Ga. Laws 1965, p. 188), so as to provide that on all 1967 and later model passenger automobiles, station wagons and certain trucks, safety belts on all seats thereof shall be required in order to pass inspection and for an official certificate of inspection and approval to be issued thereon; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 12, 1965 (Ga. Laws 1965, p. 188), is hereby amended by adding at the end of Section 126(a) (10) the following:
"Each 1967 and later model passenger automobile station wagon or truck shall be inspected for and must be equipped with two sets of safety belts for the front seat thereof, and two sets of safety belts for each of the remaining seats thereof. For the purpose of this Act, the word 'truck' shall mean any truck designed for the transportation of persons or property with a manufacturer's rated load capacity of one ton or less and, in the event such truck has no such rate capacity, then any truck having a gross weight of 6,000 pounds or less."
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:
TUESDAY, FEBRUARY 1, 1966
683
Those voting in the affirmative were Messrs.:
Adams Barber Bean Bedgood Brackin Brown, C. Busbee Byrd Caldwell Carley Carnes
Gates Collins, J. F. Colwell Conger Cox Daugherty Dean Dickinson Dillon Dollar Dorminy Egan Elliott Evensen Floyd Gaissert Gaynor
Gignilliat Grahl Hale Harris, J. R. Harrison Hawkins Higginbotham Hill Hood Houston Hull Hutchinson Johnson, B. Jordan, Ben C. Kiley Knapp Lambert Lambros Lea, F. R. Levitas Longino Matthews, C. McClatchey McDaniell Melton Minge Moore, Don C. Moore, J. H.
Newton, D. L. Oglesby Otwell Overby Palmer Peterson Powers Rush Russell Sherman Sims Simkins Smith, G. L. II Smith, W. L. Snow Starnes Steis Stewart Townsend Tye Underwood Vaughn, C. R. Walling Watkins Wells Williams, W. M. Wood
Those voting in the negative were Messrs.:
Alien Anderson Barfield Black Bo wen Brown, M. P. Bryant Clarke, H. G. Clark, J. T. Collins, M. Cook Crowe Dailey Da vis DeLong
Dixon Drew Duncan Etheridge Fleming Gary Grier Hadaway
Hamilton Harrell Harrington Herndon Holder Howell Irvin Johnson, Dr. A. S. Knight Land Lane Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Lovell Lovett Maddox Malone McCracken Merritt Mitchell Mixon
Murphy Nessmith, P. Newton
Paris Parker Parrish Rainey Reaves Richardson Roach Ross Savage Smith, V. T. Stalnaker Story Stovall Sullivan
Sweat laylor Watson Webb Wiggins
684
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Abney Alexander Bagby Bennett Berry Blair Blalock Brantley Brinkley Brown, B. D. Carr Chandler Conner Doster Farrar Fulford Funk Harris, J. F.
Harris, R. W. Henderson Howard Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Lowrey Marshall Matthews, D. R. Mauldin NeSmith, J. D. Odom Pafford Phillips Pickard Reid Rowland
Shields Smith, A. B. Smith, J. R. Snellings Spikes Spillers Thomas Thompson, A. W. Thompson, R. Tucker Vaughan, D. N. Ware Westlake Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, the ayes were 83, nays 68.
The Bill, having failed to receive the requisite constitutional majority, was lost.
HR 120-236. By Mr. Minge of the 13th:
A Resolution authorizing and directing the State Library to furnish certain volumes of the Georgia Reports and the Georgia Court of Ap peals Reports and volumes of the Georgia Laws to the Judge of the Superior Court of the Rome Judicial Circuit; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson
Barber Barfield Bean Bedgood Bennett
Blalock Brackin Brown, B. D. Brown, C. Brown, M. P.
Bryant Busbee Byrd Carries Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Conger Cox Crowe Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Duncan Egan Elliott Etheridge Farrar Fleming Floyd Gaissert Gaynor Gignilliat Grahl Grier Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins
TUESDAY, FEBRUARY 1, 1966
685
Herndon Hill Holder Howard Howell Johnson, Dr. A. S. Johnson, B. Jordan, Ben C. Knapp Lambert Lambros Lane Lea, F. R. Lee, W. S. Lewis Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Oglesby Otwell Overby Palmer Paris Parker Parrish
Powers Rainey Reaves Richardson Roach Ross Rush Russell Savage Sherman Sims Simkins Smith, J. R. Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bagby Berry Black Blair Bowen Brantley Brinkley Caldwell Carley Carr Collins, M.
Conner Cook Dailey Daugherty Doster Drew Evensen Fulford Funk Gary Hadaway
Hale Hamilton Henderson Higginbotham Hood Houston Hull Hutchinson Irvin Jones, C. M. Jones, G. Paul
686
Jones, M. Jordan, W. H. Kiley Knight Land Lee, W. J. (Bill) Leonard Levitas Longino Matthews, D. R. Mauldin McClatchey McCracken
JOURNAL OP THE HOUSE,
NeSmith, J. D. Newton, D. L. Odom Pafford Peterson Phillips Pickard Reid Rowland Shields Smith, A. B. Smith, G. L. II Smith, V. T.
Spikes Thomas Thompson, A. W. Thompson, R. Town send Tucker Ware Westlake Wiggins Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 133, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 121-236. By Mr. Minge of the 13th:
A Resolution authorizing the State Library to furnish the governing authority of Floyd County with a complete set of the Georgia Laws; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Anderson
Bagby Barber Barfield Bean Bedgood Bennett Black Bowen
Brackin Brown, B. D. Brown, M. P. Busbee Byrd Carley Carnes Carr
Gates Clarke, H. G. Clark, J. T. Collins, J. F. Conger
Cox Crowe Dailey Daugherty Da vis DeLong Dickinson Dillon Dixon Dollar Doster Drew Duncan
TUESDAY, FEBRUARY 1, 1966
687
Egan Elliott Etheridge Evensen Farrar Fleming Floyd Gaissert Gaynor Gignilliat
Grahl Grier Hale Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Hill Holder Hood Howard Howell Hutchinson Johnson, Dr. A. S. Johnson, B. Knapp Lambert Lambros Land Lea, F. R. Lee, W. S. Lewis
Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Oglesby Otwell Overby Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reaves Reid Ross Rowland
Rush Russell Savage Sherman Sims Simkins Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Berry Blair Blalock Brantley Brinkley Brown, C. Bryant Caldwell Chandler Collins, M. Colwell Conner Cook Dean Dorminy Fulford
Funk Gary Hadaway Hamilton Harris, R. W. Henderson Higginbotham Houston Hull Irvin Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H.
Kiley
Knight Lane Lee, W. J. (Bill) Leonard Levitas Matthews, D. R. McClatchey McCracken NeSmith, J. D. Newton, D. L. Odom Pafford Pickard Richardson Roach Shields
688
Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L.
JOURNAL OF THE HOUSE,
Thomas, G. Thompson, A. W. Thompson, R. Town send Tucker
Ware Westlake Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 142, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 247. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety for Georgia, as amended, so as to provide for the issuance of honorary drivers' licenses without cost to certain veterans of this State or certain servicemen of this State; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Anderson Bagby Barfield Bean Bedgood Bennett Black Bo wen Brantley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd
Caldwell Carley Carr Gates Chandler Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Cook Cox Crowe Dailey Davis Dean DeLong Dickinson Dillon
Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Evensen Farrar Fleming Floyd Fulford Gaissert Gary Gaynor Gignilliat Grahl Grier
TUESDAY, FEBRUARY 1, 1966
689
Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawking Henderson Herndon Higginbotham
Hill Holder Hood Howard Howell Hutchlnson Irvin Johnson, Dr. A. S. Johnson, B. Jordan, Ben C.
Kiley Knapp Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lowrey
Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell Melton
Merritt Minge Mitchell Mixon Moore, J. H. Murphy Nessmith, P. Newton, A. S. Odom Ogleshy Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Richardson Roach Ross Rowland Rush
Russell Savage Sherman Sims Simkins Smith, G. L. II Smith, W. L. Snellings Snow Spillers Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Townsend Tye Vaughan, D. N. Walling Watkins Watson Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Barber Berry Blair Blalock Brackin Brinkley Carnes
Clarke, H. G. Conner
Daugherty Etheridge Funk
Harris, R. W. Houston Hull
Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Knight Lane Leonard Lovett Matthews, D. R. Moore, Don C. NeSmith, J. D. Newton, D. L. Pickard Reaves Reid
Shields Smith, A. B. Smith, J. R. Smith, V. T. Spikes Stalnaker Thompson, A. W.
Thompson, R.
Tucker Underwood
Vaughn, C. R.
Ware Westlake Mr. Speaker
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On the passage of the Bill, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 128-247. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A RESOLUTION
To ratify, approve and confirm the Executive Order of the Gover nor, dated May 31, 1965, suspending the collection of certain income tax for persons serving in Viet Nam; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
The Executive Order of the Governor, dated May 31, 1965, which reads as follows:
"WHEREAS: The President of the United States has desig nated Viet Nam as a combat zone including the adjacent waters extending from the coast of North and South Viet Nam 100 miles; and
"WHEREAS: Residents of the State of Georgia are presently serving their country in said combat zone at great personal sacri fice; and
"WHEREAS: Section 40-205 of the Code of Georgia provides that the Governor of the State may suspend collection of taxes, or any part thereof, due the State until the next meeting of the Gen eral Assembly, but no longer; it is therefore
"ORDERED: That the compensation of all persons for serving in the Armed Forces of the United States in said combat zone as enlisted personnel shall not be subject to Georgia income taxes, and the compensation received for such services shall not constitute 'gross income'; and it is further
"ORDERED: That the compensation of all persons for serving in the Armed Forces of the United States in said combat zone as officer personnel shall not be subject to Georgia Income Taxes to the extent of $200.00 per month and said compensation received for such services shall not constitute 'gross income'.
"This suspension shall be effective for all tax periods ending after January 1, 1965, and shall continue in effect until the next meeting of the General Assembly. This 31st day of May, 1965.
/s/ Carl E. Sanders GOVERNOR"
is hereby ratified, approved and confirmed.
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691
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 adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Black Brantley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, M. Colwell Conger Cook Crowe Dailey Daugherty Davis Dean
DeLong Dillon Dixon Dollar Dorminy
Doster Drew Duncan Egan Elliott Etheridge Evensen Ployd Fulford Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Hill Holder Hood Houston Howard Howell
Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jordan, Ben C. Kiley Knapp Knight Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Minge Mitchell Mixon Moore, J. H. Murphy Newton, A. S. Odom
692
Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reaves Richardson Roach Ross Rowland Rush
JOURNAL OP THE HOUSE,
Russell Savage Sherman Sims Simkins Smith, G. L. II Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat
Taylor Thomas Townsend Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wiggins Williams, G. L. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Berry Blair Blalock Bo wen Brackin Brinkley Collins, J. F. Conner
Cox Dickinson Farrar Fleming Funk Harris, R. W. Henderson
Higginbotham Hull Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Lambert Lane Lovett Merritt Moore, Don C. NeSmith, J. D. Nessmith, P. Newton, D. L. Pickard
Reid Shields Smith, A. B. Smith, J. R. Smith, V. T. Spikes Thompson, A. W. Thompson, R. Tucker Underwood Ware Wells Westlake Mr. Speaker
On the adoption of the Resolution, the ayes were 160, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
By unanimous consent, the following Resolutions of the House were adopted:
HR 210. By Mr. Dean of the 20th:
A RESOLUTION
Commending the 1965-66 officers of the Polk County 4-H Council; and for other purposes.
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693
WHEREAS, the Polk County 4-H Clubs have elected the following officers to the Polk County 4-H Council for the 1965-66 school year, namely: Ken Carlton, President; Dondra Tuck, Girls Vice-President; Eddie Goss, Boys Vice-President; Linda Vinson, Secretary; Ray Wil liams, Reporter; and Becky Crawford, Parliamentarian; and
WHEREAS, all of these student leaders participate in the athletic, civic and religious activities of their school and community; and
WHEREAS, it is only befitting that these young leaders be recog nized for their accomplishments and achievements.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the 1965-66 officers of the Polk County 4-H Council for their exemplary 4-H Club work.
BE IT FURTHER RESOLVED the clerk of the House of Repre sentatives is hereby authorized and directed to forward an appropriate copy of this resolution to each person named in this resolution.
HR 219. By Messrs. Irvin of the llth and Moore of the 12th:
A RESOLUTION
Commending the State Highway Maintenance Patrolmen and their crews; and for other purposes.
WHEREAS, during the last several days, adverse weather condi tions of near blizzard strength would have caused the public roads and highways in North Georgia to become impassable but for the magnifi cent job done by the State Highway Maintenance Patrolmen and their crews; and
WHEREAS, these men remained on duty continuously, enduring long, hard and bitterly cold days and nights so that their fellow citi zens might be able to use the roads and highways; and
WHEREAS, it is only fitting that such devotion to duty and ex emplary service to Georgia should be recognized by this body.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body wishes to commend all of the State Highway Maintenance Patrolmen and each member of their crew serving in North Georgia for their devotion to duty and service to the State, since only through the efforts of men like these was a situation averted that might have resulted in the roads and highways of North Georgia becoming impassable.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an
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appropriate copy of this Resolution to each of the State Highway Maintenance Patrolmen and each member of their crew in North Geor gia who helped to avert this crises.
HR 211. By Messrs. Smith of the 90th, Smith of the 54th, Thomas of the 77th, Caldwell of the 51st and many others:
A RESOLUTION
Relative to the tax equalization decision; and for other purposes.
WHEREAS, pursuant to an order handed down in the case of McLennan v. Undercofler, State Revenue Commissioner, in Fulton Supe rior Court, the State Revenue Commissioner has issued an order that counties tax property at 40% of the assessed valuation; and
WHEREAS, this action creates an almost intolerable burden and impossible situation in a large number of the counties of this State; and
WHEREAS, although this body realizes that the above court de cision must be followed by the State Revenue Commissioner, it believes that if the court is fully apprised of the situation in the various coun ties of this State a delay might be granted.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the State Revenue Commissioner and the Attorney General are hereby requested to take whatever legal action is deemed necessary to attempt to obtain a delay in the application of the above court decision so that the counties of this State will have addi tional time within which to bring about an orderly readjustment of tax equalization and assessments and forestall a multiplicity of law suits on this subject.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the State Reve nue Commissioner and the Attorney General.
The following members of the House stated that they had been called from the House to confer with constituents when the above HR 211 was adopted, but had they been present, would have voted "nay".
Messrs. Etheridge of the 123rd, Egan of the 141st, Hawkins of the 139th, Lambros of the 130th, Brown of the 120th, Cook of the 123rd, Adams of the 125th, Dillon of the 128th and Longino of the 122nd.
Mr. Odom of the 79th stated that he had been called from the floor of the House when the votes were taken on the following Bills and Resolutions of the House, but had he been present, would have voted as follows:
HR 123-236 "aye"
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695
HR 39- 55 "aye"
HB 161 "nay"
HB
74 "nay".
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 25. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th and others:
A Bill to be entitled an Act to provide for the submission of certain information to the Department of Public Safety, Bureau of Investiga tion; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 28. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th and others:
A Bill to he entitled an Act to protect property of the citizens of this State and to facilitate the identification of motor vehicles, parts, acces sories and assemblies thereof, by prohibiting the sale in the State of Georgia of new motor vehicles and certain components not bearing identification numbers; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 29. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th and others:
A Bill to be entitled an Act to amend Code Section 26-2603, relating to the larceny of certain motor vehicles and other vehicles, so as to pro vide for a new definition of motor vehicles covered under the provisions of this Act; to provide that the theft of parts of these vehicles shall also be a crime; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 33. By Senators Broun of the 46th, Minish of the 48th, Kilpatrick of the 44th and others:
A Bill to be entitled an Act to create a State Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantelrs, and Motor Vehicle Rebuilders; and for other purposes.
Referred to the Committee on Motor Vehicles,
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SB 68. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd and others:
A Bill to be entitled an Act to provide that any bill relative to any retirement, pension or emeritus system or any other similar system, must be introduced in the General Assembly during the first ten days of any session thereof; and for other purposes.
Referred to the Committee on Judiciary.
SB 75. By Senators Smith of the 18th, Downing of the 1st and Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, revocation, suspension and renewal of driver licenses, so as to provide that the Director may revoke the license of certain licensees upon their conviction of certain offenses; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 100. By Senators Fincher of the 51st, Moore of the 31st, and Fincher of the 54th:
A Bill to be entitled an Act to amend Code Section 84-1304, relating to the filling of vacancies on the Georgia State Board of Pharmacy; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 110. By Senator Smith of the 18th:
A Bill to be entitled an Act to amend an Act creating a Board of Coun ty Commissioners for the County of Houston, so as to provide that Posts Numbered Four and Five shall be separate from each other, and sub ject to same voting requirements as Posts Numbered 1, 2 and 3; and for other purposes.
Referred to the Committee on Local Affairs.
The Speaker announced the House recessed until 2:00 o'clock this afternoon.
AFTERNOON SESSION
The House was called to order by the Speaker.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
TUESDAY, FEBRUARY 1, 1966
697
HB 162. By Messrs. Games of the 129th, Adams of the 125th, Dillon of the 128th and others:
A Bill to be entitled an Act to provide that in all counties in the State of Georgia having a population of 500,000 or more according to the United States Census of 1960 or any future census, the office of Justice qf the Peace emeritus shall be created; and for other purposes.
The report 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 236. By Messrs. Carr and Rowland of the 48th:
A Bill to be entitled an Act to amend an Act incorporating the City of Sandersville, as amended, so as to require public notice of a hearing on any new zoning ordinance or change in any existing zoning ordi nance; and for other purposes.
The report 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 345. By Mr. Collins of the 88th:
A Bill to be entitled an Act relating to the City of Pelham; to authorize the mayor and council of said city to alter, change, close and abandon streets and alleys of the city of Pelham when found beneficial to do so; and for other purposes.
The report 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.
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JOURNAL OF THE HOUSE,
HB 347. By Messrs. Wilson of the 102nd, Howard of the 101st, Henderson of the 102nd, Jordan of the 103rd and McDaniell of the 101st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, as amended, 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; to increase the corporate limits of the City of Kennesaw; and for other purposes.
The report 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 348. By Mr. Underwood of the 61st: A Bill to be entitled an Act to abolish the present mode of compensat
ing the Sheriff of Treutlen County, Georgia, 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 349. By Mr. Underwood of the 61st:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Montgomery County, Georgia, known as the fee sys tem; to provide in lieu thereof an annual salary; 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, FEBRUARY 1, 1966
699
HB 359. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Muscogee County, as amended, by changing the time of certain 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.
The Bill, having received the requisite constitutional majority, was passed.
HB 360. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry and Thomp son of the 110th, and Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend Code Section 23-1704, providing for contractors to give bond on contracts for building or repairing any public building, as amended; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 361. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thomp son of the 110th, and Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act known as the Urban Re development Law, as amended, so as to provide that in certain counties the term "municipality" used in said Act shall also mean "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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 362. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thomp son of the 110th, and Shields and Thompson of the lllth.
A Bill to be entitled an Act to amend an Act regulating traffic on the streets and highways of this State, as amended, so as to provide that in certain counties, law enforcement vehicles may be equipped with a lighted lamp displaying a flashing blue light; and for other purposes.
The report 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 364. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thomp son of the 110th, and Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act providing for a permanent pension fund for certain present and future employees of Muscogee County, as amended; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 365. By Mr. Doster of the 73rd:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Wilcox 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.
TUESDAY, FEBRUARY 1, 1966
701
HB 367. By Messrs. Lee, Gary and Harrell of the 35th:
A Bill to be entitled an Act to change the name of a certain militia district located in Clayton County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 378. By Mr. Hadaway of the 46th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Gray, as amended, so as to change the corporate limits of said city; to provide for the filling of vacancies in the offices of mayor and councilman; and for other purposes.
The report 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 381. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd, and Jordan of the 103rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Acworth, as amended, so as to change election laws for the mayor and board of aldermen; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
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HB 136. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend an Act known as the "Motor-Fuel Tax Law", as amended, 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.
The following substitute by Mr. Etheridge of the 123rd was read and adopted:
A BILL
To be entitled an Act to amend an Act known as the "Motor Fuel Tax Law", approved March 18, 1937 (Ga. Laws 1937, p. 167) that reenacted a new Code Chapter 92-14 and particularly a new Code Section 92-1403, as amended, so as to provide for refund of motor vehicle fuel tax to counties and incorporated municipalities and school districts of the State of Georgia; to provide for the procedure in connection with such refunds; to authorize the State Revenue Commissioner to issue rules and regulations in connection with such refunds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act known as the "Motor Fuel Tax Law" approved March 18, 1937 (Ga. Laws 1937, p. 167), that re-enacted a new Code Chapter 92-14 and particularly a new Code Section 92-1403, as amended, is further amended by inserting at the end of said Code Section 92-1403, a new subsection thereof which shall be known as Subsection (L) and which shall read as follows:
"(L) (1) All counties and incorporated municipalities (includ ing independent school systems) and school districts of the State of Georgia purchasing motor fuel and kerosene and using said motor fuel and kerosene exclusively in the operation of vehicles, machin ery or equipment owned by said county or municipality or school district, shall be entitled to a refund of all the State tax collected on such motor fuel and kerosene by the State Revenue Department, less an amount of such tax equal to one cent per gallon, subject to the conditions set forth in this subsection. The right to receive any refund under the provisions of this subsection shall not be assign able and any assignment thereof shall be utterly void and of no effect. Nor shall any payment thereof be made by the Treasurer of the State to any person other than the original county or incor porated municipality or school district entitled thereto, using motor fuel as hereinabove set forth in this subsection. No refunds shall be allowed except for funds paid directly from tax revenues.
(2) Provided, however, that no county or incorporated munici pality shall be entitled to a refund under this subsection unless such county or incorporated municipality or school district is the holder of an unrevoked vendee's refund permit to be issued to such county or incorporated municipality or school district by the State
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703
Revenue Commissioner upon application as hereinafter provided. The application for such permit shall be in such form as the State Revenue Commissioner may prescribe, shall be sworn to, and shall set forth such information as the Commissioner may require, to enable him to determine the right of the applicant to obtain re funds under this subsection. This application shall contain a com plete list and a reasonable description of all vehicles, machines or machinery and equipment owned by said applicant in which motor fuel and kerosene is used or is to be used, including motor vehicles, airplanes, tractors, farm machinery, and any other machinery or equipment in which motor fuel and kerosene is used, regardless of whether or not refund claim is to be made for tax paid on motor fuel and kerosene used in such machine, machinery, or equipment. The application shall be signed by the applicant and duly verified. Permits so issued shall be numbered and each application for re funds made under this section shall contain applicant's permit number.
(3) Any county or incorporated municipality which shall be entitled to a refund of the tax with respect to any motor fuel and kerosene under the provision of this subsection shall be reimbursed to the extent of the amount of the tax paid on such motor fuel and kerosene, less an amount of such tax to one cent per gallon, in the following manner and subject to the following conditions:
(a) All applications for refunds must be filed with the State Revenue Commissioner within 12 months from the date of purchase of the motor fuel and kerosene with respect to which refund is claimed. Such applications may be filed monthly.
(b) Such applications shall be in such form as shall be prescribed by the Commissioner, shall be sworn to, and shall state the total quantity of motor fuel and kerosene purchased by the applicant during the period for which refund claim is made, the date of each purchase and from whom purchased, also, the quantity of motor fuel and kerosene on hand at the beginning and the quantity of motor fuel and kerosene on hand at the end of the period for which refund is claimed. The appli cation shall show the quantity of motor fuel and kerosene used in the machines or equipment listed in the user's application for permit, the quantity of motor fuel and kerosene used on which refund is claimed and the quantity of motor fuel and kerosene used on which no refund claim is made, and such other information as the Commissioner shall require.
(c) Such application shall be accompanied by the invoices showing such purchases.
(d) Refunds shall be allowed only for tax paid on motor fuel and kerosene used in vehicles, machinery, and equipment listed by the vendee in its application for permit, or a sworn supplement thereto, such vehicles, machinery or equipment having been used exclusively by the applicant in performing official functions of the applicant, and refunds shall not be authorized on individual purchases of such motor fuel and
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kerosene in amounts of less than twenty-five gallons. If the Commissioner, after such investigation as he deems necessary, shall be satisfied that the application for a vendee's refund per mit has been made in good faith and that applicant has com plied with the requirements of this subsection, the Commis sioner shall issue a vendee's refund permit to the applicant, privileging it to make application, in accordance with the re quirements of this subsection, for refund of the tax as herein provided. Whenever there is any change in the facts stated in the application for such permit, the holder of such permit shall promptly notify the Commissioner of such change and the Com missioner may thereupon issue to the holder an amended per mit, or suspend or revoke such permit, if in the judgment of the Commissioner the facts constitute just cause therefor. The Commissioner shall keep a permanent record of all permits issued and a cumulative record of the amount of refund claimed and paid to each claimant.
(e) Such application shall contain a statement signed by the applicant that no part of the motor fuel and kerosene upon which it applies for the refund was sold by the applicant or permitted by the applicant to be sold and that no part was used or permitted to be used for propelling a vehicle not owned by the applicant.
(f) If, in the opinion of the Commissioner, any application for refund filed by an applicant shall contain a false statement, or if the applicant is indebted to the State because of any tax refund which has been erroneously paid to it, the Commissioner shall decline to approve the claim for refund until said applicant has complied with the law and removed the delinquency, where upon said applicant shall be paid its claim for refund of motor fuel and kerosene taxes as prescribed in this subsection if the Commissioner finds that he is justly entitled thereto.
(g) The State Revenue Commissioner shall promulgate such rules and regulations as he determines will effect the most efficient and economical administration of the law, not incon sistent with this section, providing for refunds of State motor fuel and kerosene taxes used exclusively for official functions of counties and incorporated municipalities (including inde pendent school systems) and school districts.
(4) The above conditions having been fully complied with, the Commissioner shall determine the amount of the refund due on such application, and shall certify such amount to the Director of the Budget. The Director of the Budget shall thereupon draw a warrant for such certified amount on the Treasurer of the State in favor of the person claiming such refund, and the Treasurer of the State shall thereupon make payment of same to such applicant.
(a) The State Revenue Commissioner shall make such rules and regulations, not inconsistent with the provisions of this subsection as are necessary and proper for the enforcement
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705
of this subsection to include a method of selection of monthly, quarterly, semi-annual or annual application for refunds availa ble to those applicants who come within these provisions and who regularly made application for refund. Such rules and regulations shall have the force of law and shall be observed by all users seeking the benefit of this subsection.
(b) In the event the Commissioner concludes that any user has willfully violated the terms of this subsection, or will fully failed to observe any of the rules and regulations adopted by the Commissioner for the administration of this subsection, the Commissioner may in his discretion suspend the right of such person to participate in the benefits of this subsection for a term of not more than one year."
Section 2. This Act shall become effective on July 1, 1966, but rules and regulations pertaining to the administration hereof may be promul gated prior to that time.
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, 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.:
Adams Alexander Bean Berry Blair Brinkley Brown, B. D. Brown, C. Bryant Busbee Carley Games Gates Cook Cox Daugherty Dillon Egan Elliott Etheridge Evensen Parrar
Gaissert Gaynor Gignilliat Grier Hamilton Harris, J. R. Hawkins Higginbotham Hill Hood Howard Hutchinson Jones, M. Jordan, Ben C. Knapp Lambros Lea, P. R. Lee, W. S. Levitas Longino Malone Matthews, C.
McClatchey McDaniell Merritt Mitchell Odom Palmer Pickard Sherman Shields Sims Snow Starnes Steis Stewart Sweat Thompson, A. W. Townsend Walling Westlake Wilson, J. M. Wilson, R. W.
706
JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Anderson Bagby Barfield Bennett Black Blalock Bo wen Brackin Brantley Brown, M. P. Byrd Caldwell Carr Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey Davis Dean DeLong Dickinson Dixon Dollar Dorminy Doster Drew Duncan Fleming Floyd Fulford Grahl Hadaway Harrell
Harrington
Harris, J. F. Harris, R. W. Harrison Henderson Herndon Holder Houston Howell Hull Irvin Johnson, A. S. Dr. Jones, C. M. Kiley Knight Lambert Land Lane Lee, W. J. (Bill) Leonard Lewis Lovell Lovett Lowrey Maddox Marshall Matthews, D. R. Mauldin McCracken Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Otwell Overby
Pafford Parker Parrish Phillips Powers Rainey Reaves Reid Roach Ross Rowland Rush Russell Savage Simkins Smith, J. R. Smith, W. L. Snellings Spikes Spillers Stalnaker Story Stovall Sullivan Taylor Thomas Thompson, R. Tucker Tye Underwood Vaughan, D. N. Watkins Watson Webb Wells Wiggins Williams, G. J. Williams, W. M. Wood
Those not voting were Messrs.:
Abney Alien Barber Bedgood Funk Gary Hale Johnson, B.
Jones, G. Paul Jordan, W. H. Melton Moore, J. H. Oglesby Paris Peterson
Richardson Smith, A. B. Smith, G. L. II Smith, V. T. Vaughn, C. R. Ware Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 65, nays 117.
TUESDAY, FEBRUARY 1, 1966
707
The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.
Mr. Richardson of the 116th stated that he was called from the floor of the House when the vote was taken, but had he been present would have voted "aye" on HB 136, by substitute.
Mr. Johnson of the 40th stated that he had been called from the floor of the House when the vote was taken, but had he been present, would have voted "nay" on HB 136, by substitute.
HR 87-138. By Messrs. Chandler and Harrington of the 47th:
A Resolution authorizing the leasing of a certain tract of State-owned property; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Authorizing the leasing of a certain tract of state-owned property; and for other purposes.
WHEREAS, the State of Georgia owns the following described tract of land:
"That certain now vacant and unimproved triangular-shaped lot, piece or parcel of land situate, lying and being along and im mediately adjoining the original northwesterly limit line of the City of Milledgeville-Gray State Highway, which is now identified as State Highway Route #22, and on and along the southerly side of the curvature of the right-of-way of the paved northerly projection of North Cobb Street, in the original First Land and present 308th Militia District, in Baldwin County, Georgia, it lying in and being a part of Land Lot Number 282, which was originally granted by the state unto Stephen Dyche, the land here described including and containing an area of six and twenty-four one hundredths (6.24) acres, and is more particularly described as follows:
BEGINNING at a point on the northerly side of the present right-of-way of the present Milledgeville-Gray State Highway, be ing State Highway #22, which marks the property corner thereon common to said city limit line and to the land here described, and from said point of beginning along the northerly right-of-way of the said Milledgeville-Gray State Highway north 34 31' west a distance of 567.96 feet to a right-of-way marker; thence south 47 53' west a distance of 15 feet to a right-of-way marker; thence north 41 42' west a distance of 152.63 feet to an iron pin; thence north 9 11' west a distance of 125.11 feet to an iron pin; thence
708
JOURNAL OF THE HOUSE,
south 79 13' east a distance of 280.80 feet to a point; thence in a southeasterly direction following the curvature of the right-of-way of North Cobb Street a distance of 600 feet to an iron pin; thence south 42 15' west a distance of 533.84 feet to the point of beginning; all as shown on a plat of survey of property of the State of Georgia, dated October 2, 1965, prepared by Marion Ennis, Jr., Registered Land Surveyor No. 1410, which plat is on file with the State Properties Control Commission"; and
WHEREAS, said tract has been transferred to the custody and control of the State Properties Control Commission; and
WHEREAS, said tract is surplus to the needs of the state and no longer of any use to the state or any department or agency thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Control Commis sion is hereby authorized to investigate the circumstances surrounding the leasing of the above described tract; and if in its own determination should decide that said tract is surplus and not useful to the needs of the state, said Commission is authorized to advertise all or a portion of said property for leasing in the manner set forth in Georgia Code Section 91-109a; and if in the estimation of said Commission, favorable bids are received for the leasing of said property, then said Commission is authorized, acting for and in behalf of the State of Georgia, to lease all or any portion of said tract to the highest responsible bidder, for an indefinite term of years and upon such terms, conditions and restric tions, as said Commission may deem to be in the best interest of the state, and that such lease, when approved and executed by the chairman and secretary of the Commission, shall be binding upon the State of Georgia.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Bagby Barber Barfield Bean Bedgood Bennett Blair
Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Byrd Caldwell Carnes Carr
Chandler Clark, J. T. Collins, J. F. Collins, M. Cook Cox Davis Dean DeLong Dickinson
TUESDAY, FEBRUARY 1, 1966
709
Dillon Dixon Doster Drew Duncan Egan Evensen Fleming Gaissert Gignilliat Grahl Grier Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Hill Holder Hood Howard Howell Hutchinson Johnson, A. S. Dr. Jones, C. M. Jones, M. Jordan, Ben C. Knapp Lambros Land
Lane Lee, W. S. Lewis Longino Lovett Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McDaniell Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy
NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford Palmer Paris Parker Peterson Powers Reaves Reid Roach Rowland
Rush Savage Sherman Sims Simkins Smith, G. L. II Smith, V. T. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Tucker Vaughan, D. N. Walling Ware Watkins Webb Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Anderson Berry Black Bowen Brantley
Bryant Busbee Carley Gates Clarke, H. G. Colwell Conger Conner Crowe Dailey
Daugherty Dollar Dorminy Elliott Etheridge Farrar Floyd Fulford Funk Gary
Gaynor Hale Harrell Henderson Houston Hull
Irvin Johnson, B. Jones, G. Paul Jordan, W. H. Kiley Knight Lambert Lea, F. R. Lee, W. J. (Bill) Leonard Levitas Lovell Maddox McClatchey McCracken Melton
710
Mitchell Oglesby Parrish Phillips Pickard Rainey Richardson Ross
JOURNAL OF THE HOUSE,
Russell Shields Smith, A. B. Smith, J. R. Smith, W. L. Thompson, R. Town send Tye
Underwood Vaughn, C. R. Watson Wells Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, by substitute, the ayes were 133, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
HR 24-44. By Mr. Jones of the 112th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that service at Gracewood State School and Hospital or at any other facility operated by or under the jurisdiction of the State Department of Public Health shall be applicable service for the repayment of medical loans and scholarships and that such service shall be retroactive; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section I, Paragraph II of the Constitution, as amend ed by an amendment ratified at the General Election in 1952 (Ga. Laws 1951, p. 861), an amendment ratified at the General Election in 1960 (Ga. Laws 1960, p. 1300), an amendment ratified at the General Elec tion in 1962 (Ga. Laws 1962, p. 1039), and an amendment ratified at the General Election in 1964 (Ga. Laws 1964, p. 944), is hereby amend ed by striking from the eighth paragraph of that portion of Paragraph II added by the 1952 amendment and amended by the 1960, 1962 and 1964 amendments as follows:
"One fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of practicing his profession in a community of 5,000 population or less, according to the United States Decennial Census of 1960 or any future such decennial census, or at Milledgeville State Hospital, or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections, and no annual interest on the scholarship loan shall be paid during such practice or service. Credit for practice at Milledgeville State Hospital, or at any of the above
TUESDAY, FEBRUARY 1, 1966
711
facilities of the State Board of Corrections, shall be retroactive and shall apply to any applicants engaging in such practice at any time. In the event an applicant has repaid any part of such loan or scholarship for which he would otherwise have received credit for service, he shall be repaid whatever sum is necessary to take into consideration the credit he would have received.",
and inserting in lieu thereof the following:
"One-fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of practicing his profession in a community of 5,000 population or less, according to the United States Decennial Census of 1960 or any future such decennial census, or at Milledgeville State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the State Department of Public Health or at any prison or detention camp or work camp operated under the jurisdic tion of the State Board of Corrections, and no annual interest on the scholarship loan shall be paid during such practice or service. Credit for practice at Milledgeville State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the State Department of Public Health or at any of the above facilities of the State Board of Corrections, shall be retroactive and shall apply to any applicants engaging in such practice at any time. In the event an applicant has repaid any part of such loan or scholarship for which he would otherwise have re ceived credit for service, he shall be repaid whatever sum is neces sary to take into consideration the credit he would have received.",
so that when so amended said eighth paragraph of Paragraph II shall read as follows:
"Applicants who are granted loans or scholarships by the board shall receive a loan not to exceed $5,000.00 to any one applicant to be paid in annual installments not exceeding $1,500.00 per annum, with which to defray his or her tuition and other expenses in any reputable, accepted and accredited four-year medical college or school in the United States, or a scholarship in such medical college or school for a term not exceeding four years, the cost of such scholarship not to exceed $5,000.00, same to be paid at such time and in such manner as may be determined by the Board. The loans and scholarship herein provided shall not exceed the sums herein stated, but they may be prorated in such manner as to pay to the medical school to which any applicant is admitted such funds as are required by that school, and the balance to be paid direct to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the board. The said loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount thereof shall be repaid to the State of Georgia in cash in full with 4% interest from the date of each payment by the State on such loan or scholar ship, same to be payable annually, the first annual payment to be due on or before one year from the date the applicant completes his internship, or same may be repaid to the State of Georgia in services to be rendered by the applicant by practicing his profession
712
JOURNAL OF THE HOUSE,
at some place within the State of Georgia to be approved by the board. One-fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of practicing his profession in a community of 5,000 population or less, according to the United States Decennial Census of 1960 or any future such decennial census, or at Milledgeville State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the State Department of Public Health or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections, and no annual in terest on the scholarship loan shall be paid during such practice or service. Credit for practice at Milledgeville State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the State Department of Public Health or at any of the above facilities of the State Board of Corrections, shall be retroactive and shall apply to any applicants engaging in such practice at any time. In the event an applicant has repaid any part of such loan or scholarship for which he would otherwise have received credit for service, he shall be repaid whatever sum is neces sary to take into consideration the credit he would have received. After the third full year of practice or services within this State as herein provided, but not before the said applicant shall be privi leged, entirely at the discretion of the board heretofore created to pay off the balance of the scholarship loan, together with accrued interest thereon, and upon such payment shall be relieved from further obligations under his contract for loan or scholarship."
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 VIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amend ed.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to pro vide that service at Gracewood State School and
NO ( ) Hospital or at any other facility operated by or under the jurisdiction of the State Department of Public Health shall be applicable service for the repayment of medical loans and scholarships and that such service shall be retroactive?"
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
TUESDAY, FEBRUARY 1, 1966
713
State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Bagby Barber Barfield Bean Bedgood Bennett Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Caldwell Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Conger Cook Cox Dailey Daugherty Davis Dean DeLong Dickinson Dillon
Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge Evensen Farrar Floyd Fulford Gaissert Gaynor Gignilliat Grahl Grier Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howard Howell Hutchinson Johnson, A. S. Dr. Johnson, B. Jones, C. M.
Jones, M. Jordan, Ben C.
Kiley Knapp Knight Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. McCracken McDaniell Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Otwell Overby Palmer Paris Parker
714
Peterson Phillips Pickard Powers Reaves Reid Richardson Ross Rowland Rush Savage Sherman Sims Simkins Smith, G. L. II Smith, V. T.
JOURNAL OF THE HOUSE,
Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Town send
Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Anderson Berry Black Bo wen Brantley Busbee Carley Colwell Conner Crowe Fleming Funk Gary Hadaway Hale
Houston Hull Irvin Jones, G. Paul Jordan, W. H. Lane Levitas Longino Mauldin McClatchey Melton Murphy Nessmith, P. Oglesby Pafford
Parrish Rainey Roach Russell Shields Smith, A. B. Smith, J. R. Spikes Thompson, R. Ware Wiggins Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 161, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HB 199. By Mr. Hale of the 1st: A Bill to amend an Act known as the "State Office Building Authority Act", as amended, so as to change the definition of the word "project"; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
TUESDAY, FEBRUARY 1, 1966
715
On the passage of the Bill, the ayes were 112, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 198. By Mr. Hale of the 1st:
A BILL
To be entitled an Act To amend an Act known as the "General Appropriations Act of 1965", approved March 1, 1965 (Ga. Laws 1965, p. 44), as amended, so as to provide that the funds appropriated to the State Highway Department for the year 1966, for payment of lease rental obligations to the State Office Building Authority, shall include the sum of $212,439.00 specifically designated for the payment of one year's rent on the State Highway Department Laboratory Building; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act known as the "General Appropriations Act of 1965", ap proved March 1, 1965 (Ga. Laws 1965, p. 44), as amended, is hereby amended by adding the following at the end of Subparagraph (B) of Section 25:
"The funds appropriated herein for 1966-67 shall include the sum of $212,439.00 specifically designated for the payment of rent for one year on the State Highway Department Laboratory Build ing at Forest Park, Georgia, to the State Office Building Authori ty.";
so that said Subparagraph (B) of Section 25 when so amended shall read as follows:
"(B) Authority Rentals. For lease rental obligations of the High way Department to the Georgia State Highway 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. Not withstanding 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 con tracts, executed, or to be executed, as authorized by law, are hereby appropriated as the first charge on all funds ap propriated to the Highway Department. The funds appropri ated herein for 1966-67 shall include the sum of $212,439.00 specifically designated for the payment of rent for one year on the State Highway Department Laboratory Building at Forest Park, Georgia, to the State Office Building Authority.
1965-66 1966-67
$18,300,000.00 $18,300,000.00."
716
JOURNAL OF THE HOUSE,
SECTION 2
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, designating Mr. Smith of the 54th as Chairman thereof, for the purpose of considering HB 198.
The Committee of the Whole arose and through its Chairman reported HB 198 to the House with the recommendation that it Do Pass.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Bagby Barber Barfield Bennett Blalock Brackin Brinkley Brown, C. Brown, M. P. Byrd Caldwell Carnes Carr Gates Chandler Clark, J. T. Collins, M. Conger Cook Cox Crowe Davis Dean DeLong Dillon Dixon Dollar
Doster Drew Duncan Evensen Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. R. Harrison Hawkins Herndon Holder Hood Houston Howell Hutchinson Irvin Johnson, A. S. Dr. Kiley Knapp Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S.
Lewis Lovell Lovett Lowrey Maddox Malone Marshall Mauldin McCracken Minge Mixon Moore, Don C. Moore, J. H. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Palmer Paris Parker Peterson Phillips Powers Rainey Reaves Reid Richardson Roach
Ross Rowland Rush Russell Savage Sherman Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow
TUESDAY, FEBRUARY 1, 1966
717
Spikes Spillers Stalnaker Starnes Steis Stewart
Story Stovall Sullivan Sweat Taylor Thompson, A. W. Tucker
Tye Underwood Walling Ware Watkins
Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Blair Townsend
Gaissert
Merritt
Those not voting were Messrs.:
Alexander Anderson Bean Bedgood Berry Black Bo wen Brantley Brown, B. D. Bryant Busbee Carley Clarke, H. G. Collins, J. F. Colwell Conner Dailey Daugherty Dickinson Dorminy Egan Elliott Etheridge Farrar
Fleming Floyd Fulford Funk Gary Hale Harris, J. F. Harris, R. W. Henderson Higginbotham Hill Howard Hull Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight Lambert Land Leonard Levitas
Longino Matthews, C. Matthews, D. R. McClatchey McDaniell Melton Mitchell Murphy NeSmith, J. D. Nessmith, P. Pafford Parrish Pickard Shields Smith, A. B. Smith, J. R. Thomas Thompson, R. Vaughan, D. N. Vaughn, C. R. Williams, G. J. Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 129, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
718
JOURNAL OF THE HOUSE,
HB 47. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
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 a personal exemption of $1200 for each dependent providing said dependents is a student; and for other purposes.
By unanimous consent, the Committee amendment to HB 47 was withdrawn. An amendment offered by Mr. Simkins of the 106th was read and lost.
The following amendments were read and adopted:
Mr. Fleming of the 106th moves to amend HB 47 as follows:
By adding a new paragraph to Section I sub-section (3) to read as follows:
"(J) any person who is considered as a dependent under the Georgia Revenue Act or Georgia Income Tax Act.
Mr. Egan of the 141st moves to amend HB 47 as follows:
By inserting in the title immediately before the phrase "to repeal conflicting laws" the following:
"to provide an additional exemption if the taxpayer is a stu dent as that term is defined as provided for herein;".
By adding at the end of Section 1 the following:
"and by adding between subsections (d) and (f) a new subsection (e) to read as follows:
'(e) $600.00 if the taxpayer is a student as the term "student" is defined in section 151 (e) of the Internal Revenue Code of 1954:'"
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:
TUESDAY, FEBRUARY 1, 1966
719
Those voting in the affirmative were Messrs.:
Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bennett Blair Blalock Bowen Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Colwell Conger Cook Cox Crowe Da vis Dean DeLong Dillon Dixon
Dollar
Dorminy
Doster
Drew
Duncan
Egan
Elliott
Evensen
Fleming
Floyd
Gaissert
Gaynor
Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Hill Holder Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jordan, Ben C. Kiley Knapp Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R.
Mauldin
McCracken
Merritt
Minge
Mitchell
Mixon
Moore, Don C.
Newton, A. S.
Newton, D. L.
Odom
Oglesby
Overby
Palmer Paris Parker Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Ross Rowland Rush Russell Savage Sherman Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thompson, A. W. Townsend Tucker Tye
Vaughan, D. N.
Vaughn, C. R.
Walling
Ware
Watkins
Watson
Webb
Westlake
Wiggins
Williams, W. M.
Wilson, R. W.
Wood
720
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Abney Bedgood Berry Black Brantley Carley Conner Dailey Daugherty Dickinson Etheridge Farrar Fulford Funk Gary Hale Henderson
Higginbotham Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Knight Lambert Land Leonard Levitas Longino Lovett McClatchey McDaniell Melton Moore, J. H. Murphy
NeSmith, J. D. Nessmith, P. Otwell Pafford Parrish Shields Smith, A. B. Smith, J. R. Snow Thomas Thompson, R. Underwood Wells Williams, G. J. Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 255. By Messrs. Lowrey of the 13th, Lewis of the 50th, Brackin of the 87th, Matthews of the 94th, Rush of the 75th and Wells of the 30th: A Bill to be entitled an Act to create within the Department of Agri culture of the State of Georgia a division to be known as the State Institutional Farms Division; and for other purposes.
The following amendment was read and adopted:
Mr. Lowrey of the 13th moves to amend HB 255 as follows:
By striking from Section 3 the following:
"; and the President of the Abraham Baldwin Agricultural College, Tifton, Georgia"
so that when so amended Section 3 shall read as follows:
"Section 3. There is hereby created within the Division a Commission on Institutional Farms. The Commission shall be com posed of the following ex officio members to-wit: Commissioner of Agriculture, Chairman; Dean of the College of Agriculture, Uni versity of Georgia; Dean of the School of Veterinary Medicine, University of Georgia; Director of the Agricultural Extension
TUESDAY, FEBRUARY 1, 1966
721
Service, University of Georgia; Director of the Agricultural Ex periment Stations, University of Georgia. The Commission shall meet upon the call of the Chairman or a majority of the members thereof as shall be necessary to perform the duties of the Commis sion. The members of the Commission shall serve without additional compensation for their services as members, but shall be reimbursed for actual expenses incurred in the performance of their duties and such funds shall be paid from the funds of the Department of Agri culture. The ex officio members provided herein shall be authorized to designate persons to serve for them as members of the Com mission."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Bagby Barber Bean Bedgood Blair Bo wen Brackin Brinkley Brown, C. Brown, M. P. Busbee Byrd Caldwell Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, M. Colwell Conger Cook Cox Davis Dean Dickinson Dillon Dixon
Dollar Dorminy Doster Duncan Evensen Gaissert Gignilliat Grahl Hadaway Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Houston Howell Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Kiley Knapp Lambert Lambros Land Lane Lee, W. J. (Bill) Lee, W. S. Lewis Lovell
Lowrey Maddox Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Overby Palmer Paris Parker Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rowland Rush
722
Russell Savage Sherman Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snow Spillers Stalnaker Starnes
JOURNAL OF THE HOUSE,
Steis Stewart Story Stovall Sullivan Sweat Taylor Thompson, A. W. Townsend Tucker Underwood Vaughan, D. N.
Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Bennett Blalock Brown, B. D.
DeLong Drew Fleming
Grier Hamilton Hood
Those not voting were Messrs.:
Alexander Barfield Berry Black Brantley Bryant
Carley Collins, J. F. Conner Crowe Dailey Daugherty Egan Elliott Etheridge Farrar Floyd Fulford Funk Gary
Gaynor Hale Harrell Henderson Hill Holder Howard Hull Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight Lea, F. R. Leonard Levitas Longino Lovett Malone
McClatchey Melton Murphy Nessmith, P. Otwell Pafford Parrish Pickard Rainey Shields Smith, A. B. Smith, J. R. Snellings Spikes Thomas Thompson, R. Tye Ware Williams, G. J. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 135, nays 9.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Steis of the 100th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
WEDNESDAY, FEBRUARY 2, 1966
723
Representative Hall, Atlanta, Georgia Wednesday, February 2, 1966
The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by Mr. Barber of the 24th, who was designated by the Speaker to perform the duties of the Chair during the period of unanimous consent.
Prayer was offered by Rev. Joseph Lamar Peacock, Rector of St. Paul Episcopal Church, Savannah, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, 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.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for Wednes day, February 2, 1966, and submits the following:
HB 33 County officers, Grand Jury indictment HB 75 Motor vehicles, seat belts
724
JOURNAL OF THE HOUSE,
HB 109 Public property, litter, penalty (Reconsidered) HB 133 Alimony pay, cease on remarriage HB 137 Unemployment Compensation, benefits HB 146 Worthless checks, felony HB 176 Teachers' Retirement, members HB 197 Highway traffic, control devices HB 202 Ports Authority, membership HB 208 Tax, income of estates HB 220 Hospitals, Research Groups HB 223 Civil cases, court costs HB 233 Medical license, intern training HB 234 Grandparents, visitation rights HB 264 Divorce, temporary alimony hearing HB 325 Georgia Food Act, amend HB 326 Fertilizer Act, registration HB 327 Livestock auction, regulate HB 336 Motor Vehicle, theft of Parts HR 12- 13 Compensate, Majorie K. Knight HR 63-110 Compensate, Ola Burch HR 64-110 Compensate, W. H. Paradise HR 71-122 Compensate, Patricia Nell Boswell HR 72-122 Compensate, Florence Roberts HR 95-165 Compensate, M. J. Gaddis HR 79-132 Compensate, W. B. Garrison HR 96-165 Compensate, J. A. Jarvis
The Speaker shall have the right to call the above Bills and Reso lutions in any order which he may desire.
Respectfully submitted, Busbee of 79th, Vice-Chairman.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
WEDNESDAY, FEBRUARY 2, 1966
725
HB 424. By Mr. Land of the 53rd:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Twiggs County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 425. By Mr. Stovall of the 17th:
A Bill to be entitled an Act to amend an Act changing the mode of compensating the clerk of the superior court, the ordinary, the tax commissioner and coroner of Madison County, so as to change the compensation allowed the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 426. By Messrs. Blalock of the 33rd and Games of the 129th:
A Bill to be entitled an Act to amend Code Section 69-902 relating to an alternative method of annexing territory to the municipalities of this State so as to make the provisions of this section apply to any munici pality within the State regardless of population of the county in which any municipality lies; and for other purposes.
Referred to the Committee on Judiciary.
HB 427. By Messrs. Lewis and Newton of the 50th:
A Bill to be entitled an Act to change the terms of the Superior Court of Burke County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 428. By Mr. Webb of the 65th:
A Bill to be entitled an Act to amend an Act incorporating the City of Guyton, so as to fix the date for the taking of office by the Mayor and Council-elect; and for other purposes.
Referred to the Committee on Local Affairs.
HB 429. By Mr. Hood of the 124th:
A Bill to he 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 stamps or retail liquor license may be sold to residents of certain municipalities under certain circumstances; and for other purposes.
Referred to the Committee on Temperance.
726
JOURNAL OF THE HOUSE,
HB 430. By Messrs. Minge, Lowrey and Starnes of of the 13th:
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 pro vide that the Director of the Department of Public Safety shall dis pense with certain actions in regard to the drivers' licenses and motor vehicle registrations of certain operators involved in certain actions; and for other purposes.
Referred to the Committee on Judiciary.
HB 431. By Messrs. Minge, Starnes and Lowrey of the 13th:
A Bill to be entitled an Act to amend an Act creating the office of judge of the superior courts emeritus, so as to provide that the Gover nor may call on any judges emeritus of the courts of Georgia to serve as judges of the superior courts of this State; and for other purposes.
Referred to the Committee on Judiciary.
HR 201-431. By Mr. Harris of the 85th:
A Resolution proposing an amendment to the Constitution, so as to provide additional definitions relating to the Brunswick and Glynn County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HR 202-431. By Mr. Gignilliat of the 113th:
A Resolution authorizing the conveyance of an easement over, across and through certain real property owned by the State of Georgia in Chatham County; and for other purposes.
Referred to the Committee on State Institutions & Property.
HR 203-431. By Mr. Roach of the 15th:
A Resolution repealing two resolutions regarding land in Cherokee County; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 432. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, and Snellings of the 104th:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, so as to provide for a more equitable method of making assessments for street improvements where the street or alleys to be improved exceed 30 feet in width; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, FEBRUARY 2, 1966
727
HB 433. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, and Snellings of the 104th:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to authorize the city council of Augusta to maintain on the streets a system of sprinkling and to charge the cost against abutting property and the owners thereof, and against other persons using the streets, by repealing said Act in its entirety; and for other purposes.
Referred to the Committee on Local Affairs.
HB 434. By Mr. McCracken of the 49th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Coroner of Jefferson County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 435. By Mr. McCracken of the 49th:
A Bill to be entitled an Act to amend an Act creating the office of treasurer for the county of Jefferson, so as to change the salary of the treasurer; and for other purposes.
Referred to the Committee on Local Affairs.
HR 204-435. By Mr. Hale of the 1st:
A Resolution proposing an amendment to the Constitution, so as to provide that certain property in Dade County shall be exempt from all ad valorem taxes; and for other purposes.
Referred to the Committee on Local Affairs.
HR 205-435. By Messrs. Williams, Wood and Overby of the 16th:
A Resolution proposing an amendment to the Constitution, so as to provide that the county school superintendent of Hall County shall be appointed by the Board of Education of Hall County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 206-435. By Mr. Underwood of the 61st:
A Resolution proposing an amendment to the Constitution so as to create the Treutlen County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
728
JOURNAL OF THE HOUSE,
HB 436. By Messrs. Higginbotham of the 119th and Wiggins of the 32nd:
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 that a violation of the speed limit not in excess of 10 miles per hour shall be excluded from the requirement that the drivers' license of a licensee shall be revoked upon the 3rd conviction; and for other pur poses.
Referred to the Committee on Motor Vehicles.
HB 437. By Messrs. Higginbotham of the 119th and Wiggins of the 32nd:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide that the drivers' license of certain licensees shall not be revoked for the commission of offenses for ex ceeding the prescribed speed limit by less than 11 miles per hour; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 207-437. By Messrs. Nessmith of the 64th and Harris of the 85th:
A Resolution creating an interim committee to study the problems, laws and procedures relating to strip mining operations and the min ing industry; and for other purposes.
Referred to the Committee on Rules.
HB 438. By Messrs. Abney and Snow of the 1st:
A Bill to be entitled an Act to amend an Act providing for homestead exemption from certain taxes, so as to provide for the deduction ol the homestead exemption from the fair market value of said home stead; and for other purposes.
Referred to the Committee on Ways and Means.
HR 208-438. By Mr. Wilson of the 102nd: A Resolution compensating Carl Green; and for other purposes.
Referred to the Committee on Appropriations,
HR 209-438. By Messrs. Evensen, Bean, Westlake and Higginbotham of the 119th, Carley, Malone, Palmer and Vaughn of the 117th, Parrar, Wall ing, Harris and Levitas of the 118th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of DeKalb County to appropriate public monies to support the activities of any private agency within said county which has been created for the purpose of providing a shelter for animals abandoned or lost; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, FEBRUARY 2, 1966
729
HB 439. By Messrs. Harris, Farrar, Levitas and Walling of the 118th, Palmer, Carley, Malone and Vaughn of the 117th, Bean, Westlake, Evensen and Higginbotham of the 119th:
A Bill to be entitled an Act to amend Code Chapter 113-10, relating to distribution, advancements, and years' support, so as to provide that in an application for years' support, notice of the filing must be given to the tax commissioner or tax collector of any county in which prop erty sought to be set aside is located, if property in another county; and for other purposes.
Referred to the Committee on Judiciary.
HB 440. By Messrs. Bean, Evensen, Higginbotham and Westlake of the 119th:
A Bill to be entitled an Act to amend an Act creating and establishing in DeKalb County, districts from which the Board of Education are elected, so as to change the terms of board members; and for other purposes.
Referred to the Committee on Local Affairs.
HB 441. By Messrs. Bean, Evensen, Higginbotham and Westlake of the 119th:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County and creating a Board of Commissioners of Roads and Revenues for DeKalb County, so as to change the method of electing certain members of the Board of Commissioners; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 442. By Messrs. Bean, Evensen, Westlake and Higginbotham of the 119th:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County, and creating a Board of Commissioners of Roads and Revenues for DeKalb County, so as to change the method of electing certain members of the Board of Commissioners; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 443. By Messrs. Wiggins of the 32nd, Gary of the 35th and Malone of the 117th:
A Bill to be entitled an Act to amend an Act providing the procedure for extending social security coverage to the employees of the State of Georgia, so as to provide that "political subdivision" shall include the Georgia Municipal Association for the purposes of this Act; and for other purposes.
Referred to the Committee on Judiciary.
730
JOURNAL OP THE HOUSE,
HB 444. By Mr. Reaves of the 99th:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Brooks County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HR 212-444. By Mr. Herndon of the 74th:
A Resolution compensating Mrs. Jacquelyn S. Horen; and for other purposes.
Referred to the Committee on Appropriations.
HR 213-444. By Messrs. Reaves of the 99th, Herndon of the 74th, Newton and Matthews of the 94th, Collins of the 88th, McDaniell of the 101st, Oglesby of the 92nd, Phillips of the 41st and others:
A Resolution proposing an amendment to the Constitution so as to pro vide 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 445. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Courts of the Chattahoochee Judicial Circuit, as ap plied to the office of solicitor general, and providing for the payment of the salary of said solicitor general, so as to change the salary of said solicitor general; and for other purposes.
Referred to the Committee on Local Affairs.
HB 446. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act relating to the establish ment of a City Court in the City of Columbus for Muscogee County, so as to change the salary of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 447. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act establishing the salary of the Sheriff of Muscogee County, so as to change the salary of said sheriff; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, FEBRUARY 2, 1966
731
HB 448. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act abolishing the offices of tax receiver and tax collector of Muscogee County, so as to change the compensation to be paid said Tax Commissioner; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 449. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act relating to the salary of the judge of the juvenile court in counties in the State having a popu lation of not less than 150,000 and more than 175,000, so as to change the salary of the judge of the juvenile court in such counties; and for other purposes.
Referred to the Committee on Judiciary.
HB 450. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act establishing a salary for the Clerk of the Superior Court of Muscogee County, so as to change the salary of said clerk; and for other purposes.
Referred to the Committee on Local Affairs.
HB 451. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act establishing the salary of the Ordinary of Muscogee County, so as to change the salary of said ordinary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 452. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act abolishing justice courts and offices of justice of the peace and notary public ex officio justices of the peace and establishing in lieu thereof a municipal court for the City of Columbus and County of Muscogee, so as to change the pro visions relating to the jurisdiction of said court; and for other pur poses.
Referred to the Committee on Local Affairs.
732
JOURNAL OF THE HOUSE,
HB 453. By Mr. Houston of the 84th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Pierce County on an annual salary in lieu of the fee basis of compensa tion, so as to change the salary of the sheriff; and lor other purposes.
Referred to the Committee on Local Affairs.
HB 454. By Mr. Houston of the 84th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Blackshear, so as to change the method of electing aldermen; and for other purposes.
Referred to the Committee on Local Affairs.
HR 214-454. By Mr. Houston of the 84th:
A Resolution compensating Mr. L. L. Rhoden, Jr.; and for other pur poses.
Referred to the Committee on Appropriations.
HR 215-454. By Messrs. Lovett and Knight of the 60th:
A Resolution proposing an amendment to the Constitution so as to create the Dublin-Laurens School System by merging the independent school system of the City of Dublin and the county school system of Laurens County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 455. By Mr. Irvin of the llth:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Cornelia, so as to clarify the provisions of the charter of the City of Cornelia relating to the election of a member of the City Commission from Ward Number One; and for other purposes.
Referred to the Committee on Local Affairs.
HB 456. By Mr. Irvin of the llth:
A Bill to be entitled an Act to amend an Act relating to the incorporation of the City of Cornelia, so as to eliminate the limitation on the amount of salary per annum which may be paid the City Manager; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, FEBRUARY 2, 1966
733
HB 457. By Mr. Irvin of the llth:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Cornelia, so as to grant the power of eminent domain for the purpose of acquiring lands, easements, rights in lands and water rights for public purposes of constructing water and sewer systems without the corporate limits of the City of Cornelia; and for other purposes.
Referred to the Committee on Local Affairs.
HB 458. By Mr. Irvin of the llth:
A Bill to be entitled an Act to amend an Act establishing the city court of Habersham County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 459. By Mr. Irvin of the llth:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Cornelia, so as to provide for the payment of monthly salaries to the members of the City Commission elected to serve as Mayor and other members of the City Commission; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 460. By Messrs. Elliott of the 107th, Wilson, Steward and Knapp of the 109th:
A Bill to be entitled an Act to amend an Act providing a pension and/ or retirement plan and fund for certain employees of Bibb County, so as to increase the maximum age for participation in the pension plan thereby created from 40 years to 55 years; and for other purposes.
Referred to the Committee on Local Affairs.
HB 461. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A Bill to be entitled an Act to create the Bibb County Water and Sewerage Authority and to authorize such authority to acquire, con struct, equip, etc., self-liquidating projects embracing sources of water supply; and for other purposes.
Referred to the Committee on Local Affairs.
HR 216-461. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A Resolution proposing an amendment to the Constitution so as to empower the governing authority of Bibb County to adopt, revise,
734
JOURNAL OF THE HOUSE,
amend and modify pension, disability and retirement plans and to levy a tax to pay therefor in whole or in part; and for other purposes.
Referred to the Committee on Local Affairs.
HR 217-461. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A Resolution proposing an amendment to the Constitution so as to empower the governing authority of Bibb County to establish, main tain, alter and discontinue a system or systems of recreation and to levy a tax to pay cost thereof; and for other purposes.
Referred to the Committee on Local Affairs.
HR 218-461. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A Resolution proposing an amendment to the Constitution so as to empower the governing authority of Bibb County to levy a tax to pay or contribute to the payment of insurance premiums for group life insurance, as well as for group hospital, surgical and medical care for employees and for other purposes.
Referred to the Committee on Local Affairs.
HB 462. By Messrs. Snow of the 1st, Jones of the 112th, Blair of the 68th, Harris of the 85th, Mitchell of the 3rd and others:
A Bill to be entitled an Act to amend an Act authorizing the govern ing authorities of municipalities and counties to establish planning commissions, so as to authorize municipal governing authorities to pro vide for the inclusion of adjacent unincorporated territory within the planning and zoning jurisdiction of the municipality; and for other purposes.
Referred to the Committee on Judiciary.
HB 463. By Messrs. Carnes of the 129th, Lea of the 126th, Dillon of the 128th, Adams of the 125th, Hood of the 124th, Grier of the 132nd and Cox of the 127th:
A Bill to be entitled an Act to amend Code Chapter 57-1 relating to interest, so as to provide for interest on unliquidated damages; and for other purposes.
Referred to the Committee on Judiciary.
HB 464. By Messrs. Simkins of the 106th, Sherman of the 105th and Snellings of the 104th:
A Bill to be entitled an Act to amend Code Section 26-2625, relating to punishment for larceny, so as to change the punishment for certain
WEDNESDAY, FEBRUARY 2, 1966
735
larcenies when the value of the goods taken exceeds a certain amount; and for other purposes.
Referred to the Committee on Judiciary.
HB 465. By Mr. Collins of the 88th:
A Bill to be entitled an Act to change the terms of the Superior Court of Mitchell County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 466. By Mr. Collins of the 88th:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Mitchell County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 467. By Mr. Tucker of the 36th:
A Bill to be entitled an Act to amend an Act fixing the comppensation of the members of the Board of Education of Henry County, so as to change the compensation of the Chairman and the other members of the Board; and for other purposes.
Referred to the Committee on Local Affairs.
HR 220-467. By Messrs. Wilson of the 102nd, McDaniell and Howard of the 101st, and Jordan of the 103rd:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Marietta to incur additional indebtedness for school purposes.
Referred to the Committee on Local Affairs.
HR 221-467. By Mr. Tucker of the 36th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the County school superintendent of Henry County by the Board of Education of Henry County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 222-467. By Mr. Tucker of the 36th:
A Resolution proposing an amendment to the Constitution so as to create the Henry County Development Authority; and for other pur poses.
Referred to the Committee on Local Affairs.
736
JOURNAL OF THE HOUSE,
HR 223-467. By Mr. Tucker of the 36th:
A Resolution to amend a Resolution proposing an amendment to Arti cle VIII, Section V, Paragraph I of the Constitution (Resolution Act No. 77, Ga. Laws 1958, p. 436) relating to the election of the members of the Board of Education of Henry County, so as to change the terms of office of the members of the Board and provide for staggered terms; and for other purposes.
Referred to the Committee on Local Affairs.
HB 468. By Mr. Conger of the 89th:
A Bill to be entitled an Act to repeal Code Section 92-7002 providing that it shall be the duty of the State Revenue Commissioner to examine the tax digests of the several counties; to amend Code Chapter 92-70 providing the duties of the State Revenue Commissioner relative to the tax digest of the several counties; so as to provide that beginning March 1, 1968 it shall be the duty of the State Revenue Commissioner to examine the tax digests of the several counties; and for other pur poses.
Referred to the Committee on State of Republic.
HB 469. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th:
A Bill to be entitled an Act to provide that for the purposes of deter mining income taxes due the State of Georgia, that gross income shall not include compensation received by certain enlisted personnel for active service as a member below the grade of commissioned officer in the Armed Forces of the United States for any years; and for other pur poses.
Referred to the Committee on Defense and Veterans Affairs.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 387. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend the Revenue Bond Law (formerly known as the Revenue Certificate Law of 1937), relating to the pub lication of notice to the public of a hearing to validate Revenue Bonds; and for other purposes.
HB 388. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend Section 87-303 of the Code of Georgia relating to the publication of notice to the public of the hear ing to validate general obligation bonds to be issued by a County, municipality or political subdivision; and for other purposes.
WEDNESDAY, FEBRUARY 2, 1966
737
HB 389. By Mrs. Hamilton of the 137th, Messrs. Carnes of the 129th and Lambros of the 130th:
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 exempt from the provisions of said Act certain sales of tangible personal prop erty and services which are used exclusively for eleemosynary and charitable purposes by certain institutions; and for other purposes.
HR 184-389. By Mr. Ross of the 31st:
A Resolution compensating Bobby Gene Rocker; and for other pur poses.
HB 390. By Mr. Palmer of the 117th:
A Bill to be entitled an Act to amend Code Chapter 23-9, relative to creating the county management form of county government and the composition thereof, so as to provide in certain counties the creation of the county management form of county government and the composi tion thereof, shall be created; and for other purposes.
HB 391. By Messrs. Alien of the 93rd and Rush of the 75th:
A Bill to be entitled an Act to provide that buildings and facilities con structed in this State by the use of State, county and municipal funds or of any public authority created for the purpose of constructing or contracting for the construction of any public buildings shall adhere to certain design principles, standards and specifications in order to make these facilities accessible to and usable by the physically handi capped; and for other purposes.
HB 392. By Mr. Smith of the 44th:
A Bill to be entitled an Act to amend an Act fixing the salary for the commissioners of Roads and Revenues of Pike County, so as to increase the compensation of the commissioners; and for other purposes.
HB 393. By Mr. Smith of the 44th:
A Bill to be entitled an Act to amend an Act fixing the salary of the Clerk of the Board of Commissioners of Roads and Revenues of Pike County, so as to change the compensation of the clerk; and for other purposes.
HB 394. By Mr. Smith of the 44th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Zebulon, so as to change the corporate limits of said City; and for other purposes.
738
JOURNAL OP THE HOUSE,
HB 395. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to provide for the removal of the city manager by the mayor and council by resolution, which resolution shall be final and conclusive and not subject to review; and for other pur poses.
HB 396. By Messrs. Brown of the 135th and Hood of the 124th:
A Bill to be entitled an Act to provide for the minimum hourly wage to be paid to certain employees of this State; and for other purposes.
HB 397. By Messrs. Brown of the 135th and Hood of the 124th:
A Bill to be entitled an Act to amend an Act creating the Georgia State Board of Funeral Service, so as to change the composition of the Board; and for other purposes.
HB 398. By Messrs. Brown of the 120th, Cox of the 127th, Carnes of the 129th, Dillon of the 128th, Adams of the 125th, Brown of the 135th, Hood of
the 124th, Grier of the 132nd and Bagby of the 21st: A Bill to be entitled an Act to provide that every employer shall furnish and maintain employment and a place of employment which shall be reasonably safe and healthful for employees as are reasonably neces sary to protect the life, health and safety of such employees; and for other purposes.
HB 399. By Mr. Leonard of the 3rd:
A Bill to be entitled an Act to amend an Act creating a commissioner of roads and revenues for Murray County, so as to increase the com pensation of the commissioner; and for other purposes.
HR 185-399. By Mr. Underwood of the 61st:
A Resolution proposing an amendment to the Constitution so as to create the Wheeler County Development Authority; and for other pur poses.
HR 186-399. By Mr. Underwood of the 61st:
A Resolution proposing an amendment to the Constitution so as to create the Montgomery County Development Authority; and for other purposes.
WEDNESDAY, FEBRUARY 2, 1966
739
HR 187-399. By Messrs. Overby, Williams and Wood of the 16th:
A Resolution authorizing the conveyance of certain land owned by the State Highway Department; and for other purposes.
HB 400. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Rockdale, so as to authorize the commissioner to appoint an executive assistant for the purpose of assisting the commissioner; and for other purposes.
HB 401. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of roads and revenues for Rockdale County, so as to change the compensation of the commissioner; and for other purposes.
HB 402. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Rockdale County, known as the fee system; to pro vide in lieu thereof a fixed salary; and for other purposes.
HB 403. By Messrs. Carr and Rowland of the 48th:
A Bill to be entitled an Act to amend an Act incorporating the City of Sandersville, so as to abolish the Water and Light Commission and transfer all the functions of said Commission to the Mayor and Council; and for other purposes.
HB 404. By Mr. Fleming of the 106th:
A Bill to be entitled an Act to make it a misdemeanor for any persons, firm or corporation to possess or use the same wave length of the radio system adopted by any law enforcement agency in this State without written authorization; and for other purposes.
HB 405. By Mr. Fleming of the 106th: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to make it unlawful to possess the same wave length of the radio system adopted by the Department of Public Safety without prior written authorization of the Director of said Department; and for other purposes.
HR 188-405. By Mr. Phillips of the 41st:
A Resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly may grant to the governing authority of Columbia County the right to construct and repair streets and side walks and to assess the costs thereof; and for other purposes.
740
JOURNAL OF THE HOUSE,
HB 406. By Mr. Harris of the 85th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Glynn County, so as to provide for the election of members by a majority vote; and for other purposes.
HB 407. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, the sheriff and the tax commissioner of Mclntosh County upon an annual salary, so as to allow the clerk of the superior court to retain certain fees authorized for certain of his services; and for other purposes.
HR 189-407. By Mr. Coiling of the 62nd:
A Resolution compensating Deputy Sheriff Dessie Kea; and for other purposes.
HR 190-407. By Messrs. Pickard, Brinkley and Jones of the 112th, Thompson and Berry of the 110th, Thompson and Shields of the lllth:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly, upon recommendation by the Board of Commissioners of Roads and Revenues of Muscogee County, to com bine or consolidate administrative departments and functions of county and municipal governments within the limits of Muscogee County; and for other purposes.
HR 191-407. By Messrs. Pickard and Brinkley of the 112th, Thompson and Shields of the lllth, Thompson and Berry of the 110th:
A Resolution proposing an amendment to the Constitution so as to pro vide that in lieu of the Commissioner of Roads and Revenues of Mus cogee County and the City Commission of the City of Columbus, a single commission be established; and for other purposes.
HB 408. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A Bill to be entitled an Act to amend Code Chapter 95-19, relative to grade crossing elimination, so as to provide the procedure relative to the installation of automobile signalling devices at grade crossings of municipal streets; and for other purposes.
HB 409. By Mr. Smith of the 54th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Emanuel County, known as the fee system; and for other purposes.
WEDNESDAY, FEBRUARY 2, 1966
741
HB 410. By Mr. Harris of the 118th:
A Bill to be entitled an Act to amend Code Chapter 26-28 so as to pro vide for criminal sanctions for the larceny or conversion of tangible personal property which has been rented or leased; and for other pur poses.
HB 411. By Mr. McCracken of the 49th:
A Bill to be entitled an Act to amend the Charter of the City of Wadley, by providing for the opening of registration books forty-five (45) days prior to the date of election and closing same fifteen (15) days prior to the date of election, whenever any election is to be held in and for the said city; and for other purposes.
HB 412. By Mr. Grahl of the 52nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Port Valley, so as to provide maximum salaries for the mayor, recorder, city councilmen, chairman of the utility commis sion and members of the utility commission; and for other purposes.
HR 192-412. By Mr. Rainey of the 69th:
A Resolution to compensate William Myers Brock; and for other purposes.
HR 193-412. By Mr. Dillon of the 128th: A Resolution compensating Perry L. Willford; and for other purposes.
HB 413. By Messrs. Dillon of the 128th, Hawkins of the 139th, Hood of the 124th, Adams of the 125th, Grier of the 132nd 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, so as to change the provisions as to reduced pension benefits; and for other purposes.
HB 414. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Lumpkin County, known as the fee system; and for other purposes.
HB 415. By Mr. Clark of the 2nd:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Sheriff of Catoosa County, known as the fee system; and for other purposes.
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HB 416. By Messrs. Newton of the 94th, Irvin of the llth, Steis of the 100th, Matthews of the 94th and Bedgood of the 29th:
A Bill to be entitled an Act to provide for a tax on each deed, instru ment or other writing by which any real estate is sold, transferred or conveyed when the consideration or value of the interest or property conveyed exceeds $100.00; and for other purposes.
HB 417. By Mr. Thomas of the 77th:
A Bill to be entitled an Act to provide for additional terms of the supe rior court of Wayne County; and for other purposes.
HB 418. By Messrs. Thomas of the 77th and Pafford of the 97th:
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.
HR 194-418. By Mr. Thomas of the 77th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Wayne County to levy a tax not to exceed one mill for industrial development purposes; and for other purposes.
HB 419. By Mr. Lee of the 79th:
A Bill to be entitled an Act to provide an alternative method, cumu lative to existing methods, for extending municipal boundaries of municipalities having a population of less than 5,000 persons; and for other purposes.
HB 420. By Mr. Lee of the 79th:
A Bill to be entitled an Act to provide an alternative method, cumu lative to existing methods for extending municipal boundaries of municipalities having a population of 5,000 or more persons; and for other purposes.
HB 421. By Messrs. Mauldin of the 18th, Blalock of the 33rd, Smith of the 3rd, Oglesby of the 92nd, Melton of the 34th and others:
A Bill to be entitled an Act to provide for the regulation of "Perpetual Care" and 'Endowment Care" cemeteries; and for other purposes.
WEDNESDAY, FEBRUARY 2, 1966
743
HR 195-421. By Mr. Marshall of the 39th:
A Resolution proposing an amendment to the Constitution so as to create the Hancock County Development Authority; and for other purposes.
HB 422. By Mr. Williams of the 82nd:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Douglas, so as to extend the corporate limits; and for other purposes.
HB 423. By Messrs. Murphy of the 26th, Overby of the 16th and Pickard of the 112th:
A Bill to be entitled an Act to amend the Intangible Property Tax Act of 1955, so as to provide that the holder of a long-term note secured by real estate shall remit to the Tax Collector or Tax Commissioner or his deputy a tax collected by such holder of such long-term note secured by real estate from the person or persons executing such longterm note; and for other purposes.
HR 200-423. By Messrs. Harris, Parrar, Walling and Levitas of the 118th, Palmer, Malone, Carley and Vaughn of the 117th, Westlake, Evensen, Bean and Higginbotham of the 119th:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues of DeKalb County to provide systems of garbage disposal; and for other purposes.
SB 25. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th and others:
A Bill to be entitled an Act to provide for the submission of certain information to the Department of Public Safety, Bureau of Investiga tion; and for other purposes.
SB 28. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th and others:
A Bill to be entitled an Act to protect property of the citizens of this State and to facilitate the identification of motor vehicles, parts, ac cessories and assemblies thereof, by prohibiting the sale in the State of Georgia of new motor vehicles and certain components not bearing identification numbers; and for other purposes.
SB 29. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th and others:
A Bill to be entitled an Act to amend Code Section 26-2603, relating to the larceny of certain motor vehicles and other vehicles, so as to provide
744
JOURNAL OF THE HOUSE,
for a new definition of motor vehicles covered under the provisions of this Act; to provide that the theft of parts of these vehicles shall also be a crime; and for other purposes.
SB 33. By Senators Broun of the 46th, Minish of the 48th, Kilpatrick of the 44th and others:
A Bill to be entitled an Act to create a State Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers, and Motor Vehicle Rebuilders; and for other purposes.
SB 68. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd and others:
A Bill to be entitled an Act to provide that any bill relative to any retirement, pension or emeritus system or any other similar system, must be introduced in the General Assembly during the first ten days of any session thereof; and for other purposes.
SB 75. By Senators Smith of the 18th, Downing of the 1st and Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, revocation, suspension and renewal of driver licenses, so as to provide that the Director may revoke the license of certain licensees upon their conviction of certain offenses; and for other purposes.
SB 100. By Senators Fincher of the 51st, Moore of the 31st, and Fincher of the 54th:
A Bill to be entitled an Act to amend Code Section 84-1304, relating to the filling of vacancies on the Georgia State Board of Pharmacy; and for other purposes.
SB 110. By Senator Smith of the 18th:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for the County of Houston, so as to provide that Posts Numbered Four and Five shall be separate from each other, and subject to same voting requirements as Posts Numbered 1, 2 and 3; and for other purposes.
Mr. Harrison of the 98th asked unanimous consent that the House recon sider its action in failing to give the requisite constitutional majority to the following Bill of the House:
WEDNESDAY, FEBRUARY 2, 1966
745
HB 161. By Messrs. Harrison of the 98th and Harris of the 118th:
A Bill to be entitled an Act to amend Code Section 46-101, relating to the right to the process of garnishment, so as to provide that no garnish ment shall issue against wages until thirty days after final judgment; and for other purposes.
Mr. Paris of the 23rd object.
Mr. Harrison of the 98th moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the above captioned HB 161.
On the motion to reconsider, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Alien Anderson Bagby Barfield Bean
Bennett Berry Black Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Carley Games Gates Clark, J. T. Collins, M. Conger Cook Cox Crowe Dailey Daugherty Davis Dillon Dixon Drew Duncan Etheridge Floyd
Fulford Gaissert Gaynor Gignilliat Hadaway Harrell Harris, J. R. Harris, R. W. Harrison Higginbotham Hill Holder Hood Houston Howell Hutchinson Johnson, Dr. A. S. Jordan, W. H. Kiley Land Lane Lee, W. J. (Bill) Lee, W. S. Lewis Lovell Malone Matthews, D. R. McCracken Melton Merritt Murphy Nessmith, P. Newton, A. S. Newton, D. L.
Overby Palmer Parker Peterson Phillips Powers Rainey Reid Richardson Rush Savage Sherman Sims Smith, G. L. II Smith, W. L. Snellings Snow Spikes Spillers Steis Story Stovall Sullivan Sweat Taylor Thompson, R. Tucker Tye Ware Webb Wells Wiggins Wood
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Those voting in the negative were Messrs.:
Bryant Byrd Carr Collins, J. P. Colwell Dickinson Egan Evensen Harris, J. F. Hawkins Herndon Howard
Jones, M. Jordan, Ben C. Lambert Lea, F. R. Leonard Lovett Maddox Marshall Minge Moore, Don C. Moore, J. H. Oglesby
Paris Parrish Ross Shields Starnes Stewart Vaughan, D. N. Watkins Watson Westlake Wilson
Those not voting were Messrs.:
Abney Barber Bedgood Blair Bowen Brantley Busbee Caldwell Chandler Clarke, H. G. Conner Dean DeLong Dollar Dorminy Doster Elliott Farrar Fleming Funk Gary Grahl Grier
Hale Hamilton Harrington Henderson Hull Irvin Johnson, B. Jones, C. M. Jones, G. Paul Knapp Knight Lambros Levitas Longino Lowrey Matthews, C. Mauldin McClatchey McDaniell Mitchell Mixon NeSmith, J. D. Odom
Otwell Pafford Pickard Reaves Roach Rowland Russell Simkins Smith, A. B. Smith, J. R. Smith, V. T. Stalnaker Thomas Thompson, A. W. Townsend
Underwood Vaughn, C. R. Walling Williams, G. J. Williams, W. M. Wilson, J. M. Mr. Speaker
On the motion to reconsider, the ayes were 101, nays 35.
The Bill was reconsidered.
Mr. Conger of the 89th District, 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-
WEDNESDAY, FEBRUARY 2, 1966
747
lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 157. Do Pass.
HB 265. Do Not Pass.
Respectfully submitted, Conger of 89th, Chairman.
Mr. Mitchell of the 3rd District, Chairman of the Committee on Game & Fish, submitted the following report:
Mr. Speaker:
Your Committee on Game & Fish 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 218. Do Pass By Substitute. HB 369. Do Pass.
Respectfully submitted, Mitchell of 3rd, Chairman.
Mr. Conner of the 91st District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 166. Do Pass. HB 206. Do Pass. HB 226. Do Pass.
Respectfully submitted, Conner of 91st, Chairman.
748
JOURNAL OF THE HOUSE,
Mr. Harris of the 118th District, 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 306. Do Pass. HB 252. Do Pass. HB 323. Do Pass. HB 383. Do Not Pass. HB 290. Do Pass. HR 166-371. Do Pass. HB 283. Do Pass.
Respectfully submitted, Harris of 118th, Chairman.
Mr. Brinkley of the 112th District, 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:
HR 190-407. Do Pass. HR 191-407. Do Pass. HR 195-421. Do Pass. HR 200-423. Do Pass. HB 355. Do Pass. HB 363. Do Pass. HB 384. Do Pass. HB 385. Do Pass. HB 407. Do Pass. HB 409. Do Pass. HB 411. Do Pass. HB 356. Do Pass.
WEDNESDAY, FEBRUARY 2, 1966
749
HB 412. HB 422. HR 188-405. HR 194-418. HB 417. HB 415. HB 414. HB 403. HB 402. HB 401. HB 400. HB 395.
Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.
Respectfully submitted, Brinkley of 112th, Chairman.
Mr. Williams of the 16th District, 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 257. Do Pass as Amended. HB 334. Do Pass.
Respectfully submitted, Anderson of 71st, Vice-Chairman.
Mr. Etheridge of the 123rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 30. Do Pass by Substitute.
Respectfully submitted, Etheridge of 123rd, Chairman.
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JOURNAL OF THE HOUSE,
Mr. Chandler of the 47th District, 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 Chairman, to report the same back to the House with the following recom mendations :
HR 150-304. Do Pass.
HR 148-301. Do Pass.
HR 158-341. Do Pass as Amended.
Respectfully submitted,
Chandler of 47th,
Chairman.
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 355. By Messrs. Rainey and Bowen of the 69th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court, the Sheriff, the Ordinary and the Tax Commissioner of Crisp County, known as the fee system; to pro vide 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 356. By Messrs. McClatchey of the 138th, Brown of the 120th, Longino of the 122nd and others:
A Bill to be entitled an Act to amend the Act approved August 20, 1927, to provide that cities having a population of more than 150,000 as dis closed by the United States Census of 1920 or subsequent census, so as to increase pension benefits.
WEDNESDAY, FEBRUARY 2, 1966
751
The report 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 385. By Messrs. Matthews and Bedgood of the 29th:
A Bill to be entitled an Act to amend an Act relating to the licensing of warm air heating contractors, as amended, so as to provide that certain counties shall come within the terms and provisions 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 ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 384. By Mr. Black of the 56th:
A Bill to be entitled an Act to authorize the governing authority of Chattahoochee County to assess and collect license fees, license and regulate taxicabs and cabs for hire, classify businesses and business enterprises; and for other purposes.
The following substitute to HB 384 was read and adopted:
Mr. Black of the 56th District offered the following Substitute for HB 384:
A BILL
To be entitled an Act to authorize the governing authority of Chat tahoochee County to classify businesses and business enterprises, assess and collect different license fees and taxes against different classes of businesses, license certain businesses and business enterprises in the interest and welfare of the citizens of Chattahoochee County and to prescribe rules and regulations concerning the same in any area of Chattahoochee County outside the incorporated limits of any munici pality located therein; to provide the procedures connected therewith;
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to except from the application of the provisions of this Act those busi nesses which are subject to regulation by the State Public Service Com mission; to provide for a penalty for the violation of any license regu lation adopted by the governing authority or the failure to pay any license fee or tax prescribed for any business; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. The governing authority of Chattahoochee County is hereby authorized to fix, levy and assess license fees or taxes on all persons, firms and corporations maintaining a place or places of busi ness in the area of Chattahoochee County, Georgia outside the incor porated limits of any municipality located therein except those busi nesses which are subject to regulation by the State Public Service Com mission and to classify all such persons, firms and corporations subject to the provisions of this Act according to the nature, manner and size of business conducted by such persons, firms and corporations and to fix, levy and assess different license fees or taxes against different classes of trades, businesses, callings, avocations or professions. Such licenses shall be issued, annually or otherwise, and may be revoked, cancelled or suspended after notice and a hearing, in accordance with rules, prescribed by said governing authority. The governing authority shall be further authorized and empowered to adopt ordinances and resolutions to govern and regulate all such trades, businesses, callings, avocations or professions, not contrary to the provisions of general law, for the purposes of protecting and preserving the health, safety, welfare and morals of the citizens of said county. Payment of said license fees or taxes may be enforced by fi. fas. issued by the govern ing authority of said county and levied by any officer in said county authorized by law to levy fi. fas. for taxes, assessments, fines, costs or forfeitures due said county. Said governing authority shall be author ized, in its discretion, to require any and all persons, firms or corpora tions licensed under the provisions of this Act to give a bond payable to Chattahoochee County and conditioned to pay said county or anyone else, suing in the name of said county and for their use, for injuries or damages received on account of dishonest, fraudulent, immoral or im proper conduct in the administration of the business so licensed, such bond to be fixed and approved by said governing authority but not to exceed the sum of $5,000.00. Such license fees or taxes shall be in addi tion to all other taxes or assessments heretofore or hereafter levied by said county, and all funds received from same shall be paid into the county depository as general funds of said county.
Section 2. Any person, firm or corporation who shall violate any license regulation adopted by the governing authority of Chattahoochee County or who shall fail to pay any license fee or tax prescribed for any business under the provisions of this Act shall be guilty of a mis demeanor 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.
WEDNESDAY, FEBRUARY 2, 1966
753
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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HE 152-313. By Mr. Collins of the 62nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Toombs County Development Authority; to provide for powers, author ity, funds, purposes and procedure connected therewith; to provide for the levy of a tax for the use thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
Article VII, Section 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 Toombs County to be known as the Toombs County Development Authority, which shall be an instrumentality of the State of Geor gia and of Toombs County and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.
"B. (1) The Authority shall consists of five (5) members who shall serve for a term of five (5) years and until their successors are appointed and qualified and who shall be eligible for reappointment. The members shall be appointed by the Board of Commis sioners of Roads and Revenue of Toombs County (hereinafter re ferred to as 'Board') as herein provided. A majority of the mem bers 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. Members of the Authority shall not be disqualified by reason of membership on the Authority to hold any other public office. Vacancies shall be filled for the unexpired term by the Board as herein provided.
(2) For the purpose of appointment of members of the Au thority, Toombs County is divided into two Authority Districts: Authority District No. 1 shall consist of the 43rd, 51st, 1715th and 1823rd Georgia Militia Districts; Authority District No. 2 shall con sist of that part of Toombs County not included in Authority Dis trict No. 1.
754
JOURNAL OF THE HOUSE,
(3) Three (3) members of the Authority shall be residents of Authority District No. 1, and at least two (2) of such members shall be residents of the City of Vidalia. Two members of the Authority shall be residents of Authority District No. 2 and at least one of such members shall be a resident of the City of Lyons.
(4) The first members of the Authority shall be appointed by the Board after this amendment is ratified and prior to January 1, 1967 and their terms of office shall begin January 1, 1967. The first members shall be appointed for terms of one, two, three, four and five years and thereafter their successors (except in the case of appointments filling unexpired terms) shall be appointed for terms of five years. All appointments other than the original ap pointments and including appointments to fill unexpired terms shall be made as follows: The Authority shall nominate three qualified persons for the appointment and the Board shall appoint one of the three nominees.
"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 Toombs County.
"D. The powers of the Authority shall include but not be lim ited to, the power:
(1) To purchase, acquire, develop, improve, construct, own, operate, maintain, sell, lease as lessor and lessee, and mortgage real and personal property of all kinds, including but not limited to, land, buildings, machinery, equipment, industrial plants, manu facturing plants, processing plants, commercial buildings, ware houses and other storage facilities, and plants and other facilities for storing, handling or processing agricultural and livestock prod ucts within the limits of Toombs County.
(2) To accept and administer gifts, grants and donations and to administer trusts.
(3) To donate, grant, loan and lease without adequate con sideration or without any consideration or with or without security and on such terms as the Authority shall see fit, any of its funds or property to private persons and corporations operating or pro posing to operate within Toombs County any industrial, commer cial, agricultural, or recreational plant, facility, or enterprise. The provisions of this clause shall not be construed to limit any other power of the Authority.
(4) To borrow money and to issue notes, bonds and certificates of indebtedness therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property, revenues, and income as security therefor.
(5) To contract with Toombs County, State of Georgia, and with other public authorities, political subdivisions, and public
WEDNESDAY, FEBRUARY 2, 1966
755
agencies of the State of Georgia and also with the United States, and with any department, agency, or instrumentality of the United States.
(6) To have and exercise usual powers of private corpora tions except such as are inconsistent with this amendment, includ ing the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority.
(7) To aid, foster and encourage, and to promote the expan sion of industry, agriculture, trade, commerce and recreation in Toombs County, and to make long-range plans therefor.
(8) To exercise such others powers and duties as may be dele gated to it by the Board.
(9) To accumulate (if the Authority shall see fit) its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.
(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
(11) To contract with private persons and corporations and to sue and be sued in its corporate name.
"E. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.
"F. The members of the Authority shall receive only such com pensation for their services and expenses to the Authority as shall be authorized by the Board, but such compensation shall be paid from funds of the Authority.
"G. Toombs County, acting by the Board, is authorized to levy an annual tax, not to exceed one mill, on all taxable property within Toombs 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 the Board 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.
756
JOURNAL OF THE HOUSE,
"H. 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.
"I. The Authority is created and this amendment is adopted for the purpose of aiding, promoting, developing, and expanding for the public good and welfare of Toombs County and its citizens, industry, agriculture, trade, commerce and recreation in Toombs County, and to authorize the use of public funds of Toombs County for such purposes so as to provide employment and to improve the economy and living conditions in Toombs County, and this amend ment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose.
"J. This amendment shall be self-executing and shall be effec tive immediately upon proclamation of its ratification by the Gov ernor.
"K. 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 scope and jurisdiction of the Authority shall be limited to Toombs County. The General Assembly shall not extend the juris diction of the Authority nor the scope of its operations beyond the limits of Toombs County.
"L. 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 Toombs County, subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.
"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 Toombs County or of the State of Georgia and the Authority shall not be authorized to create in any manner any debt, liability, or obligation against the State of Georgia or Toombs County.
"N. (1) The Authority shall be authorized to issue revenue bonds for the purpose of financing or refinancing any project or undertaking within the scope of the Authority's powers, and may pledge any of its assets, income, or revenues as security for such bonds.
(2) Revenue bonds issued or proposed for issue by the Au thority may be validated as provided in the Act of the Legislature now known as the 'Revenue Bond Law' (Ga. Laws 1937, pp. 761, et seq.), as amended, and the term 'municipality' wherever used in said Act, as amended, shall include the Authority, and the Au thority shall have all of the rights and powers conferred upon municipalities by said Act, as amended.
WEDNESDAY, FEBRUARY 2, 1966
757
(3) Any private person or corporation and also any political subdivision, public authority or agency contracting with the Au thority with respect to revenue bonds of the Authority proposed for validation under said Act, as amended, or with respect to any project or undertaking of the Authority to be financed or refinanced by such bonds may be made a party to the proceedings to validate such bonds under said Act, as amended, for the purpose of vali dating any such contract.
(4) This part of this amendment (Part N) shall not limit the other powers given the Authority in this amendment to borrow money and to give security therefor or to require the validation of the obligations of the Authority by any court.
"0. The term 'Board' where used herein shall include the present Board of Commissioners of Roads and Revenue of Toombs County and also any other board, group, or individual which may hereafter constitute the governing body or authority of Toombs County.
"P. The Board shall be authorized to appropriate to the Au thority any surplus funds at the time held by Toombs County, which appropriation shall be in addition to the tax provided in Part G.
"Q. The Authority, with the agreement of the Board, may pledge the Authority's revenues from the annual tax provided in Part G as security for any obligation or undertaking of the Au thority. If said revenues are pledged as security for revenue bonds issued by the Authority, the agreement between Toombs County (acting by the Board) and the Authority shall be subject to valida tion as provided in Paragraph (3) of Part N of this amendment.
"R. If any provision of this amendment should be judicially determined to be invalid for any reason, such determination shall not affect any other part of the amendment nor the validity of the provision so determined to be invalid with respect to any person other than the person in whose favor such determination is made."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the Toombs County Development Authority; to provide for the powers, authority, funds, purposes and pro-
758
JOURNAL OF THE HOUSE,
cedure of such Authority; and to provide for the levy NO ( ) of a tax of one mill in Toombs County to provide funds
for such Authority?"
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 amendment was read and adopted:
The Committee on Local Affairs moves to amend HR 152-313 by adding a new sentence to end of Section 1 paragraph C as follows:
The exemption from taxation herein provided 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.
Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Black Blair Blalock Bo wen Brackin Brown, B. D.
Brown, C. Brown, M. P.
Bryant Busbee Byrd Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Conger Cook Cox
Crowe Dailey Daugherty Davis Dean Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Ether idge
WEDNESDAY, FEBRUARY 2, 1966
759
Evensen Parrar Fleming Floyd Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Higginbotham Hill Holder Hood Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S.
Leonard Levitas Lewis Longino Lovell
Lovett Lowrey Maddox Malone Marshall
Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Roach Ross
Rowland Rush Russell Savage Sherman Sims Simkins Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Berry Brantley Brinkley Caldwell
Carley
Colwell Conner
DeLong Fulford
Hadaway
Hale Harris, R. W. Herndon Houston Johnson, B.
Jones, C. M.
Jones, M. Knight Land
Lane
Matthews, D. R.
Merritt Moore, J. H. Nessmith, P. Pafford Pickard
Rainey
Richardson
Shields
Smith, A. B.
Smith, G. L. II
Smith, J. R.
760
Smith, V. T. Smith, W. L. Thomas
JOURNAL OF THE HOUSE,
Thompson, A. W. Thompson, R. Underwood
Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 164, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 154-321. By Mr. Maddox of the 8th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Gordon County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article V, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the 'Gordon County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by the corporate limits of Gordon County. The County may contract with the Authority as a public corporation as provided by the Constitution of Georgia.
"The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assem bly may pass all other necessary legislation for the implementation of this amendment.
"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local tax ation. The exemption from taxation herein provided shall not ex tend to tenants nor lessees of the Authority.
"The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and the interest of the obligations of Gordon County.
WEDNESDAY, FEBRUARY 2, 1966
761
"Said Authority is created for the purpose of developing, pro moting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long range plans for the coordina tion of such development, promotion and expansion within its ter ritorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or Gordon County. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created.
"No building or facility acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than 30 years from the day of transfer of possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the pur pose, to retire all indebtedness, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in 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 NO ( ) Gordon County Development Authority?"
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 amendment was read and adopted:
The Committee on Local Affairs moves to amend HR 154-321 by adding a new sentence to Section 1 fifth paragraph so that the para graph will read as follows:
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JOURNAL OF THE HOUSE,
The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and the interest of the obligations of Gordon County. The exemptions from taxation herein provided 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.
Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Black Blair Blalock Bo wen Brackin Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Conger Cook Cox Crowe Dailey Daugherty Davis
Dean Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge Evensen Farrar Fleming Floyd Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Higginbotham Hill Holder Hood Howard
Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Minge Mitchell Mixon Moore, Don C. Murphy
WEDNESDAY, FEBRUARY 2, 1966
763
NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Roach Ross Rowland
Rush Russell Savage Sherman Sims Simkins Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor
Town send Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Berry Brantley Brinkley Caldwell Carley Colwell Conner DeLong Fulford Hadaway Hale Harris, R. W. Herndon
Houston Johnson, B. Jones, C. M. Jones, M. Knight Land Lane Matthews, D. R. Merritt Moore, J. H. Nessmith, P. Pafford Pickard Rainey
Richardson Shields Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Thomas Thompson, A. W. Thompson, R. Underwood Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 164, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 163-364. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th, and Shields and Thompson of the lllth:
A RESOLUTION
To amend the Constitution so as to authorize the General Assembly to consolidate and combine the Muscogee County and the City of Colum-
764
JOURNAL OF THE HOUSE,
bus Tax Assessors for both real and personal property; to provide the powers and duties of such new entity; to provide the procedure con nected therewith; to provide for the submission of the proposed amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article XI, Section I, Paragraph VI, of the Constitution of the State of Georgia is hereby amended by ading thereto a paragraph to read as follows:
"The General Assembly shall have the power to consolidate and combine the county and city board of tax assessors for both real and personal property of the City of Columbus and County of Muscogee, and all the governmental functions and powers now vested in and exercised by said board of tax assessors in the City of Columbus and County of Muscogee; to create, designate and give a name to a city-county board of tax assessors for the municipality of the City of Columbus and the entire area of Muscogee County; to vest and confer upon such city-county board of tax assessors such authority as may be conferred upon tax assessors of munici palities, counties, or both, under existing laws; to abolish any and all offices now existing under any and all Acts under the city charter of the City of Columbus pertaining to the board of tax assessors for both real and personal property for the City of Co lumbus, and any and all offices now existing under any and all Acts relating to the Muscogee County Board of Tax Assessors; to create a city-county board of tax assessors and offices for the purpose of exercising and carrying out the powers to be vested in such board and the powers and duties formerly appertaining to such boards and offices; to provide a mode and method for the appoint ment of the members of the city-county board of tax assessors; to delegate to the governing authority of the municipality of the City of Columbus and the County of Muscogee full power and authority to abolish the presently constituted board of tax assessors of the City of Columbus and County of Muscogee, and to create in lieu thereof new offices and a city-county board of tax assessors to be vested with all of the duties and powers of the offices and boards of tax assessors thus abolished; to provide for the employment of assistants to such board; to provide for the payment of compensa tion to the city-county board of tax assessors; to provide that the General Assembly in exercising the powers herein conferred may include in the Act or law, or any amendment thereto, any one or more of the powers or provisions herein enumerated and may ex clude therefrom any one or more of the powers herein enumerated and in exercising the powers herein conferred, it shall not be nec essary that the enactment or enactments of the General Assembly pursuant hereto carry with it a referendum to the qualified voters of the County of Muscogee and the City of Columbus; and for other purposes."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two
WEDNESDAY, FEBRUARY 2, 1966
765
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 General Assembly by law to consolidate and com-
NO ( ) bine the County of Muscogee and City of Columbus Boards of Tax Assessors into a single Board of Tax Assessors for said city and 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 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.:
Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Black Blair Blalock Bowen Brackin Brown, B. D.
Brown, C. Brown, M. P. Bryant Busbee Byrd Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Conger Cook Cox
Crowe Dailey Daugherty Davis Dean Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge
766
JOURNAL OF THE HOUSE,
Evensen Farrar Fleming Floyd Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Higginbotham Hill Holder Hood Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S.
Leonard Levitas Lewis Longino Lovell Lovett Lowrey
Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Roach Ross
Rowland Rush Russell Savage Sherman Sims Simkins Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Berry Brantley Brinkley Caldwell Carley Colwell Conner DeLong Fulford Hadaway Hale Harris, R. W. Herndon
Houston Johnson, B. Jones, C. M. Jones, M. Knight Land Lane Matthews, D. R. Merritt Moore, J. H. Nessmith, P. Pafford Pickard Rainey
Richardson Shields Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Thomas Thompson, A. W. Thompson, R. Underwood Mr. Speaker
WEDNESDAY, FEBRUARY 2, 1966
767
On the adoption of the Resolution, the ayes were 164, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 164-364. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th, and Shields and Thompson of the lllth:
A RESOLUTION
To propose an amendment to the Constitution of the State of Geor gia to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Columbus and Muscogee County Building Commission; to provide the manner in which the name of such Commission may be changed; to authorize the said Commission to ac quire, construct, equip, maintain, and operate self-liquidating projects embracing buildings and facilities for use by the City of Columbus and Muscogee County, Georgia, for their governmental, proprietary, and administrative functions and for use by such other agencies, authorities, departments, and political subdivisions of the State of Georgia or of the United States of America, as may contract with the Commission for the use of such facilities, to authorize the City of Columbus and Muscogee County to lease or sell lands and buildings to such Commission; to pro vide for the appointment of the members of the Commission; to pro vide for the manner of changing the number of members and the man ner of their appointment; to define certain words and terms; to confer powers and impose duties on the Commission; to grant limitations to the Commission; to authorize the Commission and the City of Colum bus and Muscogee County and other agencies, authorities, departments, and political subdivisions of the State of Georgia to enter into contracts and leases pertaining to the use of such facilities, which contracts and leases shall obligate the lessees to make payment for the use of the facilities for the term thereof and to pledge for that purpose money derived from taxation; to provide that no debt within the meaning of the Constitution of the State of Georgia, Article VII, Section VII, Paragraph I, of the City of Columbus or Muscogee County or of any other political subdivision of the State of Georgia shall be incurred by the exercise of any of the powers hereby granted; to authorize the issuance of revenue bonds of the Commission payable from the revenues, rents, and earnings, and other funds of the Commission to pay the costs of such projects; to authorize the collecting and pledging of such reve nues, rents, and earnings for the payment of such bonds; to authorize the adoption of resolutions and the execution of trust indentures to secure the payment of such bonds and to define the rights of the holders of such bonds; to make the bonds of the Commission exempt from tax ation; to provide the right and power for the Commission to condemn property of every kind and character; to authorize the issuance of reve nue refunding bonds; to provide for the validation of such bonds and to fix the venue or jurisdiction of actions relating to any provisions of this amendment; to exempt the property and income of the Commission from taxation; to provide for the Commission immunity and exemption from liability for torts and negligence; to provide that the property of
768
JOURNAL OP THE HOUSE,
the Commission shall not be subject to levy and sale; to provide that this amendment shall be liberally construed; to provide an effective date for this amendment; to provide that no enabling legislation shall be necessary; to define the scope of the Commission's operations; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"1. COLUMBUS AND MUSCOGEE COUNTY BUILDING COM MISSION CREATED. There is hereby created a public body corporate and politic to be known as the Columbus and Muscogee County Build ing Commission, hereinafter sometimes designated as the Commission, which shall be an instrumentality and a public corporation of the State of Georgia, the name of which, however may be changed in the future by act of the General Assembly and the purpose of which shall be to acquire, construct, and equip self-liquidating projects including build ings and facilities for use by the City of Columbus and Muscogee Coun ty for their governmental, proprietary, and administrative functions and for use by such other agencies, authorities, departments, and politi cal subdivisions of the State of Georgia and of the United States of America as may contract with the Commission for the use of such facili ties, and the City of Columbus and Muscogee County are hereby granted the right and power by proper resolution of the appropriate governing body to sell or lease to said Commission lands and buildings owned by them.
"2. MEMBERSHIP. The Commission shall consist of five members, who shall be eligible to succeed themselves. Two members shall be elected by the mayor and commissioners of the City of Columbus, and two mem bers shall be elected by the Commissioners of Roads and Revenues of Muscogee County. The fifth member shall be selected by the Mayor of the City of Columbus and the Chairman of the Commissioners of Roads and Revenues of Muscogee County. The members of each of said bodies shall be eligible to be elected to and to serve on said commission. The members of the Commission shall hold office for the term of two years and until their successors shall be elected, provided, however, that of the original members elected to the Commission, one shall be elected by each body for a term of one year, and one two years. Any vacancy on the Commission shall be filled for the unexpired term by the body which had elected the member whose term has become vacant. Immediately after their election the members of the Commission shall enter upon their duties. The Commission shall elect one of its members as Chair man, and one as Vice-Chairman, and shall also elect a Secretary and a Treasurer, or a Secretary-Treasurer, who need not necessarily hold membership on the Commission. Seven members of the Commission shall constitute a quorum, and no vacancy on the Commission shall im pair the right of the quorum to exercise all the rights and perform all the duties of the Commission, and in every instance a majority vote of a quorum shall authorize any legal act of the Commission, including
WEDNESDAY, FEBRUARY 2, 1966
760
all things necessary to authorize and issue revenue bonds. The members of the Commission shall receive no compensation for their services but may be reimbursed by the Commission for their actual expenses properly incurred in the performance of their duties. The Commission shall make rules and regulations for its own government and shall have perpetual existence. In the event the number of members of the Commission, or the number required to constitute a quorum, or the qualifications or compensation of the members of the Commission, or the manner in which the members of the Commission shall be selected shall ever be come the subject of change, the same may be accomplished by act of the General Assembly.
"3. DEFINITIONS. As used herein, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context:
"(a) The word, 'Commission' shall mean the Columbus and Muscogee County Building Commission, created hereby.
"(b) The word 'project' shall mean and include real and per sonal property acquired or held by the Commission for one or a combination of two or more of the following undertakings; build ings and facilities intended for use as a courthouse, city hall, jail, police department, fire department, administrative offices, govern mental offices, proprietary and utility offices, all buildings and facilities of every kind and character determined by the Commission to be desirable for the efficient operation of any department, board, office, commission, or agency of the City of Columbus and Muscogee County or either of them in the performance of their governmental, proprietary, and administrative functions, and buildings and facili ties intended for use by any division, department, institution, au thority, agency, or political subdivision of the State of Georgia of the United States of America.
"(c) The term 'cost of project' shall embrace the cost of lands, buildings, improvements, machinery, equipment, property, ease ments, rights, franchises, material, labor, services acquired or con tracted for, plans and specifications, financing charges, construc tion costs, interest prior to and during construction, architectural, accounting, engineering, inspection, administrative, fiscal, and legal expenses, expenses incident to determining the feasibility or prac ticability of the project, expenses incident to the acquiring, con structing, equipping, and operating of any project or any part thereof and to the placing of the same in operation and to the con demnation of any property incident to such construction and opera tion.
"(d) The term 'revenue bonds' as used in this amendment, shall mean revenue bonds under the provisions of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as amended, codified in Ga. Code Ann., Ch. 87-8, and under the provisions of this amendment. The obligations authorized hereby may be issued by the Commission in the manner authorized under said Revenue Bond Law.
"4. POWERS. The Commission shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions.
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JOURNAL OF THE HOUSE,
of this amendment, including, but without limiting the generality of the foregoing, the power:
"(a) to sue and be sued;
"(b) to adopt and alter a corporate seal;
"(c) to make and execute with public and private persons and corporations, contracts, leases, rental agreements, and other instru ments relating to its projects and incident to the exercise of the powers of the Commission including contracts for constructing, renting, and leasing of its projects for the use of the City of Co lumbus and Muscogee County or either of them and for the use of any division, department, institution, authority, agency, or political subdivision of the State of Georgia or of the United States of America, and all divisions, departments, institutions, authorities, agencies, municipalities, counties, and political subdivisions of the State of Georgia are hereby authorized to enter into such contracts, leases, or agreements with the Commission upon such terms and for such purposes as they determine to be advisable; and, without limit ing the generality of the foregoing, authority is specifically granted to the said city and county and to any division, department, insti tution, agency, authority, or political subdivision of the State of Georgia to enter into lease contracts and related agreements for the use of any structure, building, or facility or a combination of any two or more structures, buildings, or facilities of the Commis sion for a term not exceeding thirty years, and any division, de partment, institution, agency, authority, or political subdivision of the State of Georgia may obligate itself to pay an agreed sum for the use of such property and the City of Columbus and Muscogee County or either of them may enter into lease contracts and related agreements for the use of any structure, building, or facility or a combination of two or more structures, buildings, or facilities of the Commission for a term not exceeding thirty years upon a ma jority vote of their governing bodies and may obligate themselves to pay an agreed sum for the use of such property so leased and also obligate themselves as a part of the undertaking to pay the cost of maintaining, repairing, and operating the property fur nished by and leased from the Commission; provided, however, that when the sums agreed to be paid under the provisions of such lease contracts or related agreements are pledged or assigned to secure the payment of revenue bonds issued hereunder, then the contract ing parties shall be authorized to make the term of such contracts or agreements for a period not to exceed thirty years or until all of such bonds, as to both principal and interest, are fully paid, and provided, further, that under any such lease contract or related agreement, the lessees or tenants shall have the right to sub-let to public or private persons or corporations any portion of the leased or rented premises not needed for the purposes of the lessees or tenants.
"(d) to acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for pub-
WEDNESDAY, FEBRUARY 2, 1966
771
lie use, or by gift, grant, lease, or otherwise real property or rights and easements therein and franchises and personal property neces sary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or disposition of the same in any manner it deems to the best advantage of the Commission; provided, however, that the Commission shall be under no obliga tion to accept and pay for any property condemned as provided herein except from the funds provided herein, and, in any pro ceedings, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the Commis sion and to the owners of the property to be condemned and no property shall be acquired as provided herein upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money shall be deposited in trust to pay and redeem the fair value of such lien or encumbrance;
" (e) to improve, extend, add to, reconstruct, renovate, or re model any project or part thereof already acquired;
"(f) to pledge or assign any revenues, income, rent, charges, and fees received by the Commission;
"(g) to appoint and select agents, engineers, architects, attor neys, fiscal agents, accountants, and employees and to provide for their compensation and duties;
"(h) to construct, reconstruct, acquire, own, alter, repair, re model, maintain, extend, improve, operate, manage, and equip projects located on land owned or leased by the Commission and to pay all or part of the costs of any such project from the pro ceeds of revenue bonds of the Commission or from any contribu tions, loans, or grants by persons, firms, or corporations, including the United States of America, and any other contribution, all of which the Commission is hereby authorized to receive, accept, and use;
"(i) to accept, receive, and administer gifts, grants, loans, and devises of money, material, and property of any kind, including loans and grants from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
"(j) to borrow money for any of its corporate purposes and to issue revenue bonds payable solely from funds pledged for that pur pose, and to provide for the payment of the same and for the rights of the holders thereof;
"(k) to exercise all powers usually possessed by private cor porations performing similar functions, which are not in conflict with the constitution and laws of this state; and
"(1) pursuant to proper resolution of the Commission to issue revenue bonds payable from the rents and revenues of the Com-
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mission and its projects to provide funds for carrying out the pur poses of the Commission, which bonds may be issued in either fully negotiable coupon form, in which event they shall have all the qualities and incidents of negotiable instruments under the law of Georgia, or they may be issued in whole or in part in non-negotiable fully registered form without coupons, payable to a designated payee or to the registered assigns of the payee with such conver sion privileges as the Commission may provide, for the purpose of paying all or any part of the cost of any project, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving such project, or for the purpose of refunding, as herein provided, any such bonds of the Commission theretofore issued. Such revenue bonds shall be issued and validated under and in accordance with the procedure of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as amended, codified in Ga. Code Ann., Ch. 87-8, providing for the issuance of revenue bonds, and in accordance with all terms and provisions thereof not in conflict herewith and in accordance with the Signatures on Public Securi ties Act, I Ga. L. 1958, p. 689, codified in Ga. Code Ann., Section 87-119, and, as security for the payment of any revenue bonds so au thorized, any rents and revenues of the Commission may be pledged and assigned. Such bonds are declared to be issued for an essential public and governmental purpose, and such bonds and all income therefrom shall be exempt from all taxation within the State of Georgia.
"5. CREDIT NOT PLEDGED AND DEBT NOT CREATED BY BONDS. Revenue bonds issued under the provisions hereof shall not con stitute a debt or a pledge of the faith and credit of the State of Georgia, the City of Columbus, or Muscogee County, or of any other city, county, or political subdivision of the State or instrumentality of the United States of America which may have contracted with the Commission, but such bonds shall be payable from the rentals, revenues, earnings, and funds of the Commission as provided in the resolution and trust agree ment or indenture authorizing the issuance and securing the payment of such bonds, and the issuance of such bonds shall not directly, indi rectly, or contingently obligate the state or any city, county, or political subdivision thereof to levy or pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment there of against any property of the state or of any city or county thereof nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section. However, any such county or municipality of the state may obligate itself to pay the amounts required under any contract entered into with the Commission from funds received from taxes to be
levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section, and from any
other source, and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the
obligor but shall not constitute a debt of the obligor within the meaning
of the Constitution of the State of Georgia, Art. VII, Section VII, Para
graph I; and when such obligation is made to make such payments
from taxes to be levied for that purpose, then the obligation shall be
WEDNESDAY, FEBRUARY 2, 1966
773
mandatory to levy and collect such taxes from year to year in amount sufficient to fulfill and fully comply with the terms of such obligation.
"6. TRUST AGREEMENT. In the discretion of the Commission any issue of revenue bonds may be secured by a trust agreement or in denture made by the Commission with a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the State of Georgia. Such trust agreement or inden ture may pledge and assign rents, fees, charges, revenues, and earnings to be received by the Commission. The resolution providing for the issu ance of revenue bonds and such trust agreement or indenture may con tain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver upon default of the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rents, fees, charges, or revenues for use of the project or projects necessary to pay all costs of operation and all reserves provided for, all principal and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the Commission. Such resolution and such trust agreement or indenture may include covenants setting forth the duties of the Commission in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds and covenants providing for the operation, maintenance, repair, and insurance of the project or projects and may contain provisions concerning the conditions, if any, upon which addi tional revenue bonds may be issued. Such trust agreement or indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in securing bonds and debentures of corporations and may contain such other provisions as the Commission may deem reason able and proper for the security of the bondholders. All expenses incur red in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust.
"7. REFUNDING BONDS. The Commission is hereby authorized to provide by resolution for the issuance of revenue bonds of the Com mission for the purpose of calling, refunding, or refinancing any reve nue bonds issued under the provisions hereof and then outstanding, and to include in the amount of such refunding bonds all interest and any call premiums that may be required for the redemption and refunding of such outstanding bonds.
"8. VENUE OF ACTIONS, JURISDICTION. Any action to pro tect or enforce any rights under the provisions hereof or any action against the Commission brought in the courts of the State of Georgia, shall be brought in the Superior Court of Muscogee County, Georgia, and any action pertaining to validation of any bonds issued under the provisions hereof shall be brought in said court which shall have exclu sive, original jurisdiction of such actions.
"9. REVENUE BOND VALIDATION. All bonds of the Commis sion shall be confirmed and validated in the Superior Court of Mus cogee County in accordance with the procedure of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as amended, codified in Ga. Code
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Ann., Ch. 87-8. The petition for validation shall be brought against said Commission and, in the event the payments to be made by any depart ment or agency of the United States of America, if such department or agency is subject to be sued, or by any municipality, county, author ity, instrumentality, or political subdivision of the State of Georgia under a contract entered into between the Commission and such other contracting party are pledged as security for the payment of the reve nue bonds sought to be validated, such other contracting party or par ties shall also be made a party or parties defendant, and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be adjudi cated to be in all respect valid and binding upon such contracting par ties. It shall be incumbent upon such defendants to defend against adjudication of the validity and binding effect of such contract or con tracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the Clerk of the Superior Court of Muscogee County in which court such validation proceedings shall be initiated. Any resi dent of the State of Georgia may intervene in the validation proceeding by filing an action or proceeding for such purpose prior to the entry of the judgment of the court validating such bonds and may assert any ground of objection to the validity and binding effect of such bonds and the security therefor and of such contract or contracts and reso lution and trust agreement on his own behalf and on behalf of all citi zens and residents of the State of Georgia. After the expiration of such period of limitation no right of action or defense founded upon the invalidity of such bonds, resolution, trust instrument, or contracts shall be asserted nor shall the validity and binding effect of such bonds, resolution, trust instrument, or contracts be opened to question or at tack in any court upon any ground whatever, except in an action or proceeding commenced and filed prior to the entry of the decree validat ing such bonds, and if no exception is filed to the decree validating such bonds within twenty days from the date upon which such decree is entered, or if filed and the judgment shall be affirmed by the proper appellate court of this state, such decree shall be final and no appeal may be taken therefrom and shall be forever conclusive upon the issue of the validity of such contracts and bonds and the security therefor and of such resolution and trust agreement against the Commission is suing the same and against the parties to such contracts and against all residents of the State of Georgia.
"10. INTEREST OF BONDHOLDERS PROTECTED. While any of the bonds issued by the Commission remain outstanding, the powers, duties, or existence of said Commission or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority shall be created which will compete with the Commission so as to affect ad versely the interest and rights of the holders of such bonds nor will the State itself so compete with the Commission. The provisions hereof shall be for the benefit of the Commission 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.
"11. REVENUES, EARNINGS, RENTS, AND CHARGES; USE.
WEDNESDAY, FEBRUARY 2, 1966
775
"(a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the Com mission with revenue bonds, the Commission is authorized and empow ered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rentals, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of said Commission:
"(i) to pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extra ordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof unless such cost shall be otherwise provided for;
"(ii) to pay the principal of and interest on such revenue bonds as the same shall become due, including premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects;
"(iii) to comply with any sinking fund requirements con tained in the resolution or trust agreement or indenture pertain ing to the issuance of and security for such bonds;
"(iv) to perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged;
"(v) to accumulate any excess income which may be required by the purchasers of such bonds or may be dedicated by the re quirements of such resolution or trust agreement or indenture or of achieving ready marketability of and low interest rates on such bonds;
"(vi) to pay any expenses in connection with such bond issue or of such project or projects including but not limited to trustees', attorneys', and fiscal agents' fees.
"(b) Such rental shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor and any such contract or lease may provide for the commence ment of rental payments to the Commission prior to the completion of the undertaking by the Commission of any such project, and it may provide for the payment of rental during such times as such project or projects may be partially or wholly untenantable;
"(c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep in good repair, including complete reconstruction, if necessary, the rented or leased premises and projects regardless of the cause of the necessity of such maintenance, repair, or reconstruction;
"(d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the Commission from any and
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JOURNAL OF THE HOUSE,
all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at the ex pense of the tenants or lessees, the defense of any action brought against the Commission by reason of injury or damages to persons or property occurring on or by reason of the leased premises;
"(e) In the event of any failure or refusal on the part of the ten ants or lessees to perform punctually any covenant or obligation con tained in any such rental contract or lease, the Commission may enforce performance by any legal or equitable process against the tenants, or lessees;
"(f) The Commission shall be permitted to assign any rental pay able to it pursuant to such rental contract or lease to a trustee or pay ing agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds;
"(g) The use and disposition of the Commission's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same.
"12. SINKING FUND. The revenue, rents, and earnings derived from any particular project or projects and any and all revenues, rents, and earnings received by the Commission regardless of whether or not such revenues, rents, and earnings were produced by a particular proj ect for which bonds have been issued, unless otherwise pledged, may be pledged by the Commission to payment of the principal of and interest on revenue bonds of the Commission as may be provided in any reso lution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust in strument and which may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall be come due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds retired by call or purchase, and the use and disposition of any sinking fund may be subject to such regulation as may be provided for in the reso lution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same.
"13. EXEMPTION FROM TAXATION. The exercise of the powers conferred upon the Commission hereunder shall constitute an essential
governmental function for a public purpose, and the Commission shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or super vision or upon its activities in the operation and maintenance of prop erty acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the Commission.
WEDNESDAY, FEBRUARY 2, 1966
777
"14. IMMUNITY PROM TORT ACTIONS. The Commission shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents, and em ployees of the Commission, when in performance of work of the Com mission, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the State of Georgia. The Commission may be sued the same as private corporations may be sued on any contractural obligation of the Com mission.
"15. PROPERTY NOT SUBJECT TO LEVY AND SALE. The property of the Commission shall not be subject to levy and sale under legal process.
"16. TRUST FUNDS. All funds received pursuant to the authority hereof, whether as proceeds from the sale of revenue bonds or as reve nues, rents, fees, charges, or other earnings, or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied solely as provided herein, and the bondholders entitled to re ceive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the Commission.
"17. CONSTRUCTION. This amendment and all provisions, rights, powers, and authority granted hereunder shall be effective, notwith standing any other provision of this constitution to the contrary, and this amendment and any law enacted with reference to the Commission shall be liberally construed for the accomplishment of its purposes.
"18. EFFECTIVE DATE. This amendment shall be effective im mediately upon proclamation of its ratification by the Governor.
"19. GENERAL ASSEMBLY. This amendment is self enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and pre scribe the powers and enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Commission. The Commission shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of Muscogee County, as the same now or may hereafter exist.
"20. CONVEYANCE OF PROPERTY UPON DISSOLUTION. Should said Commission for any reason be dissolved after full payment of all bonded indebtedness incurred hereunder, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the Commission at the time of such dissolution shall be con veyed to Muscogee County or to the City of Columbus, or both, in such manner that the interest conveyed to each shall be that part of the whole which the amount of rent paid on such property by such grantee shall bear to the whole amount of rent paid on such property, or in such manner or may be agreed upon by the City of Columbus and Muscogee County, or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject
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to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance."
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 the State of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"Shall the Constitution be amended so as to create the Colum bus and Muscogee County Building Commission and to provide for powers, authority, limitations, funds, purposes, and procedures con nected therewith and to authorize the Commission to issue its bonds and to provide the method and manner of such issuance and valida tion and the effect thereof.
"YES ( )
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 the constitution it shall become a part of the constitution of this state. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secre tary of State to ascertain the result and certify the result to the Gov ernor who shall issue his proclamation thereon.
The following Committee amndment was read and adopted:
Local Affairs Committee moves to amend HR 164-364 as follows:
Section 2 Membership:
Strike the word "Seven" and insert "Three" so that sentence will read:
"Three members of the Commission shall constitute a quorum, etc. . . ."
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
WEDNESDAY, FEBRUARY 2, 1966
779
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs:
Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Black Blair Blalock Bo wen Brackin Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Games Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Conger Cook Cox Crowe Dailey Daugherty Davis Dean Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge Evensen
Farrar Fleming
Floyd Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Higginbotham Hill Holder Hood Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lovett Lowrey Maddox M alone Marshall Matthews, C.
Mauldin McClatchey McCracken McDaniell Melton Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Palmer Paris Parker Parrish Peterson
Phillips Powers Reaves Reid Roach Ross Rowland Rush Russell Savage Sherman Sims Simkins Snellings Snow Spikes Spillers Stain aker Starnes Steis Stewart Story Stovall Sullivan Sweat . Taylor Townsend
780
Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Ware
JOURNAL OP THE HOUSE,
Watkins Watson Webb Wells Westlake Wiggins
Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Berry Brantley Brinkley Caldwell Carley Colwell Conner DeLong Fulford Hadaway Hale Harrison, R. W. Herndon
Houston Johnson, B. Jones, C. M. Jones, M. Knight Land Lane Matthews, D. R. Merritt Moore, J. H. Nessmith, P. Pafford Pickard Rainey
Richardson Shields Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Thomas Thompson, A. W. Thompson, R. Underwood Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 164, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
By unanimous consent, the following Bill of the House was recommitted to the Committee on Agriculture for further study:
HB 193. By Messrs. Lowrey of the 13th, Newton of the 94th, Russell of the 92nd, Oglesby of the 92nd, Reaves of the 99th and others: A Bill to be entitled an Act to amend Code Chapter 42-2, relating to concentrated commercial feeding stuffs, as amended, so as to change the inspection fee upon concentrated commercial feeding stuffs; and for other purposes.
By unanimous consent, the following Resolutions of the House and Senate were adopted:
HR 234. By Mr. Rainey of the 69th:
A RESOLUTION
Commending the family of Dr. Loran E. Williams, Sr. for his many services for and on behalf of Crisp County; and for other purposes.
WEDNESDAY, FEBRUARY 2, 1966
781
WHEREAS Dr. Loran E. Williams, Sr. has recently passed away after having retired from active service as Chairman of the Board of Commissioners of Roads and Revenues of Crisp County, having served as a county commissioner for 43 years, 32 of those years as Chairman; and
WHEREAS, his service to Crisp County and the State of Georgia has always been of the highest character and ability, exemplifying to all who had the privilege of knowing or knowing of him, an ideal example of a man's devotion to his fellow citizens and to the pursuit of truth, regardless of its unpopularity; and
WHEREAS, the Board of Commissioners of Roads and Revenues for Crisp County and the Association of County Commissioners of Georgia have each passed resolutions commending the remarkable achievements of Dr. Loran E. Williams Sr. in causing Crisp County to be looked upon and serve as a leader in the quality of accomplishments capable under responsible local governmental leadership.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body join with the many relatives, friends and admirers of the late Dr. Loran E. Williams, Sr. in extend ing to the family of Dr. Williams our grateful appreciation for his unselfish and untiring service to all of the citizens of Georgia and par ticularly the citizens of Crisp County, and by providing each and every Representative with a model to emulate of the ideal public servant, and our sincerest condolences at his passing.
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 his beloved wife, Mrs. Loran E. Wil liams, Sr.
HR 235. By Messrs. Wilson of the 102nd, Howard of the 101st, Jordan of the 103rd and McDaniell of the 101st:
A RESOLUTION
Commending Honorable J. H. (Jack) Henderson, Jr.; and for other purposes.
WHEREAS, the Honorable J. H. (Jack) Henderson, Jr., is serv ing his first term of office as an elected representative in the House of Representatives of the General Assembly of Georgia, from the 102nd representative district; and
WHEREAS, during his relatively short and dedicated period of pub lic life, Jack Henderson has demonstrated his ability to distinguish himself as one of the most dynamic and progressively minded young leaders of our state; and
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JOURNAL OF THE HOUSE,
WHEREAS, Jack Henderson has unselfishly devoted many of his busy working days and hours to publicly spirited endeavors having given freely of his valuable time and energies to many of the worthwhile civic and charitable activities within his community; and
WHEREAS, the success encountered by Representative Henderson in his many and varied business interests and activities speaks highly of his outstanding ability to provide inspirational leadership to any endeavor to which he lends his many diversified talents; and
WHEREAS, Dr. Henderson is recognized in his community, county and state as the epitome of a solid public spirited citizen; and
WHEREAS, in addition to the many achievements and accomplish ments which this outstanding young man has achieved during his rela tively short adult life, he was recently honored by being named the outstanding Young Man of the Year by the Marietta Jaycees and was awarded that organization's Distinguished Service Award; and
WHEREAS, it is only befitting and proper that this body recog nize and commend this outstanding citizen of the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Honorable J. H. (Jack) Henderson, Jr., Representative of the 102nd District, is hereby commended for his many outstanding accomplishments and achievements.
BE IT FURTHER RESOLVED that this body does hereby encour age Representative Henderson to continue his outstanding service to his community and state and does hereby express to him its every wish for his continued and outstanding success.
HR 236. By Mr. Rainey of the 69th:
A RESOLUTION
Congratulating Coach Ben Rogers and the Crisp County High School "Rebel" basketball team; and for other purposes.
WHEREAS, the Crisp County High School basketball team, the "Rebels", has established a record of having won their last 21 games in succession, establishing a record for the most consecutive wins in the history of Crisp County; and
WHEREAS, the "Rebels" have compiled the enviable record of 21 wins as against only 2 losses for the 1965-66 basketball season, as well as winning the Fitzgerald Christmas Invitational Tournament; and
WHEREAS, these feats can only be attributed to the spirit of determination, drive, pride, and sportsmanship instilled in these young athletes by Coach Ben Rogers; and
WEDNESDAY, FEBRUARY 2, 1966
783
WHEREAS, all of the citizens of Georgia, and particularly those citizens residing within Crisp County, are justly proud of these achieve ments.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body join with the many relatives and friends of Coach Ben Rogers and the young men of the Crisp County High School "Rebel" basketball team in extending to them our heartiest congratulations for their many accomplishments on the hardwood floors of friendly competition.
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 Crisp County High School, Coach Ben Rogers, and every member of the "Rebel" basketball team.
HR 237. By Messrs. Simkins of the 106th, Oglesby of the 92nd, Sherman of the 105th and many others:
A RESOLUTION
WHEREAS, we respect the right of any working man to join or to not join a labor organization requiring the payment of dues in order to secure employment; and
WHEREAS, the State of Georgia in the year 1947 passed by Acts of 1947, page 620, Codified as Code Section 54-804, a statute commonly known as the "Right-to-work Law" which states that:
"It shall be unlawful for any person, acting alone or in con cert with one or more other persons to compel or attempt to compel any person to join or refrain from joining any labor organization, or to strike or refrain from striking against his will by any threat ened or actual interference with his person, immediate family, or physical property, or by any threatened or actual interference with the pursuit of lawful employment by such person, or by his imme diate family", and
WHEREAS, eighteen other states of the United States have simi lar statutes for the benefit of working individuals, and these statutes benefit both union and non-union workers; and
WHEREAS, the states presently having "Right to Work" laws are enjoying a greater rate of industrial growth and employment than the rest of the nation; and
WHEREAS, it can be clearly demonstrated by case decisions that union members in "union" and "closed" shops are frequently denied their internal, administrative remedies by their own unions, and fre quently must resort to legal actions in the courts seeking relief; and
784
JOURNAL OP THE HOUSE,
WHEREAS, any repeal of Section 14 (b) of the said Act would con stitute interference by the Congress of the United States in the laws and internal affairs of the State of Georgia.
NOW THEREFORE, be it resolved by the House of Representa tives of Georgia that the 89th Congress of the United States of America be duly notified of our support of Section 14 (b) of the National Labor Relations Act, commonly known as the Taft-Hartley Act, as amended; and further, that the Senators and Congressmen of the State of Georgia do actively and diligently oppose all efforts to repeal same.
SR 42. By Senator Kendrick of the 32nd:
A Resolution commending Mrs. Bernice McCullar; and for other pur poses.
By unanimous consent, the following Resolutions of the House were read and referred to the Committee on Rules.
HR 238. By Messrs. Moore of the 20th, Farrar of the 118th and Matthews of the 29th:
A RESOLUTION
Creating an interim study committee on uniform transcripts for high school student records; and for other purposes.
WHEREAS, the high school principals of Georgia are responsible for the preparation and transmission of the transcripts for any high school graduates within their schools to any college or prospective employer; and
WHEREAS, the average number of transcripts has become so great as to place a burdensome demand upon the time and efforts of school personnel which should be devoted to the supervision of instruc tional programs; and
WHEREAS, many school systems do not have the necessary secre tarial help which such demands require; and
WHEREAS, computers are now available in the State Department of Education which could be used effectively in providing much needed assistance to the Georgia public school systems in this area.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker of the House of Representa tives appoint a committee of five members to study the possibility of establishing a uniform high school transcript and to explore the possi bility of this information being transmitted to a central agency within the State Department of Education, so that all requests for transcripts
WEDNESDAY, FEBRUARY 2, 1966
785
be directed to said department and answered therein. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The committee shall make a report of its findings and recommendations to the 1967 session of the General Assembly, at which time it shall stand abolished. The funds necessary for the purposes of this resolution shall come from the funds appropriated and available to the legislative branch of government.
BE IT FURTHER RESOLVED that the committee is authorized to seek the services and advice of the Georgia Education Improvement Council and any other technical assistance which they may require.
HR 239. By Mr. Vaughn of the 117th:
A RESOLUTION
Creating an interim legislative committee for the purpose of study ing the appointment of pages for the General Assembly and the effec tual use of such pages; and for other purposes.
WHEREAS, each member of the General Assembly is authorized to appoint five (5) pages during each regular session of the General Assembly, and
WHEREAS, such pages are required to be at least twelve (12) years of age, and
WHEREAS, the only duty inferred to said pages is that they shall distribute documents and papers to the members of the General Assem bly, and
WHEREAS, the services of pages in the General Assembly should be an educational and memorable occasion, and
WHEREAS, a more appropriate program relative to pages, in cluding the use of such pages, instructions and training of such pages and a more dignified recognition of such pages should be studied and recommendations made relative thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created an interim leg islative committee to be composed of three members of the Senate, to be appointed by the President of the Senate (Lieutenant Governor), and three members of the House of Representatives, to be appointed by the Speaker of the House of Representatives.
BE IT FURTHER RESOLVED that the committee shall be au thorized to:
(a) Make a study of the rules of both houses of the General Assem bly relative to pages,
786
JOURNAL OF THE HOUSE,
(b) Determine the manner in which the services of such pages could be utilized more advantageously to the members of the General Assembly,
(c) Determine measures that would dignify the position of pages in both houses of the General Assembly,
(d) Determine if a course of instruction and training of pages could be instituted in the General Assembly,
(e) Make recommendations for rule changes relatives to pages in both houses of the General Assembly, and
(f) Make such other inquiries and studies that may be necessary to effectively carry out the purposes of this resolution.
BE IT FURTHER RESOLVED that the members of the commit tee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees, but shall re ceive the same for not more than ten (10) days per member. The funds necessary for the purposes of this resolution shall come from those funds appropriated to or available to the legislative branch of govern ment. The committee shall make a report of its findings and recom mendations, including proposed rule changes, if any, on or before De cember 1, 1966 on which date the committee shall stand abolished and cease to exist.
The Speaker resumed the Chair.
Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 12-13. By Mr. Parker of the 55th:
A Resolution compensating Mrs. Marjorie K. Knight; 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 142, nays 3.
The Resolution, having received the requisite constitutional majority, was adoptedo.
WEDNESDAY, FEBRUARY 2, 1966
787
HR 63-110. By Mr. Holder of the 70th: A Resolution compensating Mrs. Ola Burch; 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 142, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 64-110. By Mr. Carnes of the 129th: A Resolution compensating W. H. Paradise; 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 142, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 71-122. By Messrs. Smith and Mitchell of the 3rd:
A Resolution compensating Mrs. Patricia Nell Boswell; 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 142, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted.
788
JOURNAL OF THE HOUSE,
HR 72-122. By Mr. Overby of the 16th:
A Resolution compensating Mrs. Florence Euline Roberts; and for other purposes.
The following Committee amendment was read and adopted.
The Appropriations Committee amends HR 72-122 by striking the figure $3250.00 and inserting therein the figure $329.75.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the ayes were 142, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 95-165. By Mr. Reaves of the 99th: A Resolution compensating M. J. Gaddis; 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 142, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 79-132. By Mr. Russell of the 92nd: A Resolution compensating W. B. Garrison as Clerk of the Commis sioners of Roads and Revenues of Thomas County and Mr. W. L. Whittle, Sr.; 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 142, nays 3.
WEDNESDAY, FEBRUARY 2, 1966
789
The Resolution, having received the requisite constitutional majority, was adopted.
HR 96-165. By Mr. Reaves of the 99th: A Resolution compensating J. A. Jarvis; 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 142, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 176. By Messrs. Moore of the 20th, Story of the 22nd and Parker of the 55th:
A Bill to be entitled an Act to amend an Act establishing a retirement system in the State Public Schools, as amended, so as to provide that the word "teacher" shall also include the director and any associate directors of the Georgia Council on Education; and for other purposes.
The following amendment was read and adopted:
Mr. Moore of the 20th moves to amend HB 176 by striking from the Title thereof the words "Georgia Council on Education" and inserting in lieu thereof the words "Georgia Educational Improvement Council" and in Section I of the Bill striking the word "Georgia Council on Education" wherever they appear and inserting in lieu thereof the words "Georgia Educational Improvement Council".
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.:
Adams Alexander Alien Anderson Barfield Bean Bedgood
Bennett Berry Black Blair Blalock Brackin Brantley
Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd
790
Caldwell Carley Games Carr Chandler Clarke, H. G. Clark, J. T. Collins, M. Conger Cook Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Elliott Etheridge Even sen Farrar Fleming Floyd Fulford Funk Gaissert Gaynor Gignilliat Grier Hadaway Hamilton Harrington Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Hill Hood Howard
JOURNAL OF THE HOUSE,
Howell Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knapp Knight Lambert Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Palmer Paris Parker Parrish
Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Ware Watkin Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson Wood
Those not voting were Messrs.:
Abney Bagby Barber
Bowen Gates Collins, J. F.
Colwell Conner Egan
WEDNESDAY, FEBRUARY 2, 1966
791
Gary Grahl Hale Harrell Harris, J. F. Higginbotham Holder Houston Hull Irvin
Kiley Lambros Le vitas Mauldin McClatchey Mitchell Pafford Pickard Rainey Smith, A. B.
Smith, J. R. Smith, V. T. Snow Thomas Underwood Walling Williams, G. L. Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 137. By Mr. Overby of the 16th: A Bill to be entitled an Act to amend an Act known as the "Unemploy ment Compensation Law", by modifying the benefit tables thereof; and for other purposes.
An amendment offered by Mr. Townsend of the 140th was read and lost.
Mr. Games of the 129th offered an amendment which was read:
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bean Black Bowen Brantley Brown, B. D. Carley Carnes Carr Gates Chandler Clark, J. T. Collins, M. Conger
Cook Cox Dailey Dillon Dollar Dorminy Doster Drew Egan Etheridge Fulford Gary Gignilliat Hamilton
Harrington Harris, J. F. Hawkins Higginbotham Hill Johnson, Dr. A. S. Jordan, W. H. Kiley Knight, D. W. Lambros Lane Lea, F. R. Lovell Lovett
792
Malone Matthews, D. R. McClatchey McDaniell Mixon Nessmith, P.
JOURNAL OF THE HOUSE,
Parrish Peterson Richardson Sherman Sims Simkins
Stalnaker Townsend Tye Underwood Vaughan, D. N. Webb
Those voting in the negative were Messrs.:
Abney Alien Anderson Bagby Barfield Bennett Berry Brackin Brinkley Brown, C. Brown, M. P. Bryant Busbee Caldwell Clarke, H. G. Colwell Conner Crowe Davis Dean DeLong Dickinson Dixon Duncan Elliott Farrar Fleming Floyd Funk Grahl
Hadaway Harrell Harris, J. R. Harrison Hood Houston Hutchinson Irvin Jones, G. Paul Jones, M. Knapp Lambert Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lowrey Maddox Marshall Matthews, C. McCracken Merritt Minge Moore, Don C. Murphy Odom Overby Pafford Paris Phillips
Powers Rainey Roach Ross Rowland Rush Russell Savage Shields Smith, G. L. II Smith, V. T. Snow Spillers Starnes Stewart Story Sullivan Sweat Taylor Thompson, A. W. Thompson, R. Tucker Vaughn, C. R. Ware Watkins Watson Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Barber Bedgood Blair Blalock Byrd Collins, J. F. Daugherty Evensen Gaissert Gaynor
Grier Hale Harris, R. W. Henderson Herndon Holder Howard Howell Hull Johnson, B. Jones, C. M.
Jordan, Ben C. Land Leonard Le vitas Mauldin Melton Mitchell Moore, J. H. NeSmith, J. D. Newton, A. S. Newton, D. L.
Oglesby Otwell Palmer Parker Pickard Reaves Reid
WEDNESDAY, FEBRUARY 2, 1966
793
Smith, A. B. Smith, J. R. Smith, W. L. Snellings Spikes Steis Stovall
Thomas Walling Wells Westlake Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the amendment, the ayes were 60, nays 90.
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:
Those voting in the affirmative were Messrs.
Abney Alexander Alien Bagby Berry Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Caldwell Games Gates Chandler Clarke, H. G. Colwell Crowe Davis Dean DeLong Dickinson Dillon Dixon Duncan Egan
Elliott Farrar Fleming Floyd Funk Gary Grahl Hadaway Hale Hamilton Harrell Harrington Harrison Holder Hood Houston Howell Hull Hutchinson Irvin Jones, G. Paul Jones, M. Knapp Lambert Land Lee, W. J. (Bill) Lee, W. S. Levitas
Lewis Longino Lowrey Maddox Matthews, C. Matthews, D. R. McCracken Merritt Minge Moore, Don C. Murphy Newton, D. L. Odom Oglesby Overby Pafford Paris Phillips Pickard Powers Reaves Roach Rowland Rush Russell Savage Sherman Shields
794
Sims Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Starnes
JOURNAL OF THE HOUSE,
Steis Stewart Story Sweat Thompson, A. W. Thompson, R. Tucker Underwood Vaughn, C. R.
Walling Ware Watkins Watson Wells Wiggins Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Anderson Barfield Bean Bennett Black Bowen Brantley Carley Clark, J. T. Cook Dailey Dollar Dorminy Doster Drew Etheridge Fulford
Gignilliat Harris, J. F. Hawkins Henderson Higginbotham Hill Johnson, Dr. A. S. Jordan, Ben C. Jordan, W. H. Kiley Knight Lambros Lane Lea, F. R. Lovell Lovett Malone
McClatchey McDaniell Mixon Parrish Rainey Richardson Stalnaker Stovall Sullivan Taylor Townsend Tye Vaughan, D. N. Webb Westlake
Those not voting were Messrs.:
Adams Barber Bedgood Blair Byrd Carr Collins, J. F. Collins, M. Conger Conner Cox Daugherty Evensen Gaissert Gaynor
Grier Harris, J. R. Harris, R. W. Herndon Howard Johnson, B. Jones, C. M. Leonard Marshall Mauldin Melton Mitchell Moore, J. H. NeSmith, J. D. Nessmith, P.
Newton, A. S. Otwell Palmer Parker Peterson Reid Ross Smith, A. B. Smith, W. L. Snellings Thomas Williams, G. J. Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 111, nays 49.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, FEBRUARY 2, 1966
795
The following members of the House stated that they had been called from the floor of the House to confer with constituents when the roll was called on HB 137, but had they been present would have voted "aye".
Messrs. Blair of the 68th, Gaissert of the 34th, Melton of the 34th and Byrd of the 28th.
HB 197. By Mr. Hale of the 1st:
A Bill to be entitled an Act to amend the Uniform Act Regulating Traf fic on Highways, so as to re-define certain words and phrases; to provide that official traffic control devises are presumed to have been installed by lawful 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 Adams Alexander Alien Anderson Bagby Barfield Bean Bedgood Bennett Berry Black Blalock Brackin Brinkley Brown, B. D. Brown, C. Bryant Busbee Caldwell Carley Games Carr Gates Chandler Clark, J. T.
Collins, J. F. Collins, M. Colwell Conger Cook Cox Crowe Dailey Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge Fleming Floyd Fulford Funk
Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Higginbotham Holder Hood Howard Howell Hull Hutchinson Johnson, Dr. A. S, Jones, G. Paul Jordan, Ben C. Jordan, W. H.
796
Kiley Knight, D. W. Lambert Lambros Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Odom
JOURNAL OP THE HOUSE,
Oglesby Overby Pafford Paris Parker Peterson Phillips Powers Richardson Roach Ross Rush Russell Sherman Shields Sims Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes
Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Westlake Wiggins Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Barber Blair Bowen Brantley Brown, M. P. Byrd Clarke, H. G. Conner Daugherty Even sen Farrar Gaissert Hale Herndon Hill
Houston Irvin Johnson, B. Jones, C. M. Jones, M. Knapp Land Lane Lea, F. R. Lovett Matthews, D. R. McDaniell Melton Mitchell Moore, J. H.
Nessmith, P. Newton, D. L. Otwell Palmer Parrish Pickard Rainey Reaves Reid Rowland Savage Smith, A. B. Underwood Williams, G. J. Mr. Speaker
On the passage of the Bill, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and recommitted to the Committee on Hygiene and Sanitation:
WEDNESDAY, FEBRUARY 2, 1966
797
HB 421. By Messrs. Mauldin of the 18th, Blalock of the 33rd, Smith of the 3rd and others:
A Bill to be entitled an Act to provide for the regulation of perpetual care and endowment care cemeteries; and for other purposes.
By unanimous consent, the following Bill of the House was recommitted to the Committee on Education for further study:
HB 297. By Messrs. Pafford of the 97th, Matthews of the 94th, Rainey of the 69th and Melton of the 34th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", as amended, so as to provide for a minimum wage for school lunch program personnel; and for other purposes.
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 109. By Mr. Dean of the 20th:
A Bill to be entitled an Act to amend an Act prohibiting the throwing or depositing of trash, garbage, or other substances upon the public roads or public property of this State, as amended; and for other purposes.
The following amendment was read and adopted.
Mr. Dean of the 20th District moves to amend HB 109 by striking Section 1 thereof in its entirety and inserting in lieu thereof the fol lowing:
"Section 1. Any person who throws or places or causes to be thrown or placed, or leaves in such a way that it is likely to fall, be blown or tracked onto the right-of-way of any public road, high way, or other public property of the State of Georgia, any trash, paper, garbage, cans, bottles, debris, litter, nails, tacks, glass, crockery, scrap iron, wire or other like materials of an offensive nature, shall be guilty of a misdemeanor, and upon conviction there of shall be punished by a fine not to exceed One Hundred ($100.00) Dollars, or imprisonment not to exceed thirty (30) days, or both."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
798
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 Adams Alien Bagby Barfield Bean Berry Black Blair Blalock Brackin Brown, B. D. Brown, C. Caldwell Carley Carnes Carr Cates Collins, J. F. Colwell Conger Cook Cox Crowe Dailey Dean DeLong Dickinson Dillon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge Floyd Funk Gary Gaynor Gignilliat Grahl Grier Hadaway
Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Higginbotham Hill Holder Hood Howell Hutchinson Johnson, Dr. A. S. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kiley Knight Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. McClatchey McCracken McDaniell Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, D. L.
Oglesby Overby Paris Peterson Phillips Powers Reid Roach Ross Rush Russell Sherman Shields Sims Smith, G. L. II Smith, J. R. Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Stewart Story Stovall Taylor Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughn, C. R. Watkins Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Bryant Dixon Fleming
Lee, W. S. Odom Sweat
Vaughan, D. N.
WEDNESDAY, FEBRUARY 2, 1966
799
Those not voting were Messrs.:
Alexander Anderson Barber Bedgood Bennett Bowen Brantley Brinkley Brown, M. P. Busbee Byrd Chandler Clarke, H. G. Clark, J. T. Collins, M. Conner Daugherty Davis Evensen Farrar Fulford Gaissert
Harris, R. W. Henderson Herndon Houston Howard Hull Irvin Johnson, B. Jones, C. M. Jones, M. Knapp Land Leonard Lovett Matthews, D. R. Mauldin Melton Mitchell Moore, J. H. Newton, A. S. Otwell Pafford
Palmer Parker Parrish Pickard Rainey Reaves Richardson Rowland Savage Simkins Smith, A. B. Smith, V. T. Spikes Steis Sullivan Thomas Walling Ware Williams, G. J. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 133, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Speaker announced the House recessed until 2:00 o'clock this afternoon. AFTERNOON SESSION
The House was called to order by the Speaker.
Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 336. By Messrs. Wells of the 30th, Moore of the 20th, Matthews and Bedgood of the 29th, Johnson of the 40th, Dean of the 20th, Moore of the 12th and Brown of the 19th:
A Bill to be entitled an Act to amend Code Section 26-2603, relating to the larceny of certain motor vehicles, so as to provide for a new definition of motor vehicles covered under the provisions of this Act; to
800
JOURNAL OF THE HOUSE,
provide that the theft of parts of these vehicles shall also be a crime; and for other purposes.
The following amendments were read and adopted:
Mr. Murphy of the 26th moves to amend HB 336:
By adding at the end of Subsection 1 of Subsection A of Code
Section 26-2603 of Section 1 the following language:
"Provided that the Jury may recommend that same be punished as for a misdemeanor."
By adding to the end of Subsection 2 of Section A of Code Section 26-2603 of Section 1 the following language:
"Provided that upon a recommendation of a Jury same shall be treated as a misdemeanor and the court upon a plea of guilty shall have the power to punish 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 Adams Alien Bagby Bedgood Bennett Black Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Carley Carnes
Gates Chandler Clark, J. T. Collins, M. Colwell Cook
Cox Crowe Dailey Davis Dickinson Dillon Dixon Dorminy Doster Drew Duncan Egan
Etheridge Farrar Funk Gaissert Gaynor Gignilliat Grahl Grier Hamilton Harrington Harris, J. F. Harrison Hawkins Herndon Hill Hood Howard Hutchinson
WEDNESDAY, FEBRUARY 2, 1966
801
Johnson, Dr. A. S. Johnson, B. Kiley Knapp Lambert Lambros Land Lea, F. R. Le vitas Lewis Longino Lovell Malone Marshall Matthews, C. McClatchey McCracken McDaniell Moore, Don C. Moore, J. H.
Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Otwell Palmer Paris Parrish Pe'eerson Phillips Powers Rainey Reaves Richardson Rush Russell Sims Simkins Smith, J. R.
Smith, W. L. Snow Spikes Spillers Stalnaker
Story Stovall Taylor Thompson, R. Townsend Tye Walling Watkins Watson Webb Wells Williams, G. J. Wilson, R. W.
Those voting in the negative were Messrs.:
Berry Houston Lee, W. S. Merritt
Minge Reid Starnes Steis
Thompson, A. W. Wiggins
Those not voting were Messrs.:
Alexander Anderson Barber Barfield Bean Blair Busbee Byrd Caldwell Carr Clarke, H. G. Collins, J. F. Conger Conner Daugherty Dean DeLong Dollar Elliott Evensen Fleming Floyd Fulford Gary
Hadaway Hale Harrell Harris, J. R. Harris, R. W. Henderson Higginbotham Holder Howell Hull Irvin Jones, C. M. Jones, G. Paul
Jones, M. Jordan, Ben C. Jordan, W. H. Knight Lane Lee, W. J. (Bill)
Leonard Lovett Lowrey Maddox Matthews, D. R.
Mauldin
Melton Mitchell Mixon Odom Oglesby Overby Pafford Parker Pickard Roach
Ross Rowland
Savage Sherman Shields Smith, A. B. Smith, G. L. II Smith, V. T. Snellings Stewart Sullivan Sweat Thomas
802
Tucker Underwood Vaughan, D. N. Vaughn, C. R.
JOURNAL OP THE HOUSE,
Ware Westlake Williams, W. M. Wilson, J. M.
Wood Mr. Speaker
On the passage of the Bill, as amended, the ayes were 112, nays 10.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following members of the House stated that they had been called from the floor of the House to confer with constituents when the roll call was ordered on HB 336, as amended, but had they been present, would have voted "aye": Messrs. Overby, Williams and Wood of the 16th, Sweat of the 83rd and Barber of the 24th.
HB 327. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th, Collins of the 88th and Reaves of the 99th:
A Bill to be entitled an Act to amend an Act relating to the regulation and sale of livestock at auctions, so as to provide that every operator of a sales establishment for the sale of livestock at auction shall main tain a custodial account in a national or state chartered bank; and for other purposes.
The following amendment was read and adopted:
Mr. Gaynor of the 114th moves to amend HB 327 as follows:
By striking from Section 4 thereof the last sentence which reads:
"Any banking institution paying a check or allowing a with drawal without the certificate hereby shall forfeit its banking charter."
Amend caption 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:
WEDNESDAY, FEBRUARY 2, 1966
803
Those voting in the affirmative were Messrs.
Adams Alien Barber Bean Bedgood Bennett Berry Black Blalock Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Carley Carnes Gates Chandler Clark, J. T. Collins, M. Cook Cox Crowe Dailey Davis Dickinson Dillon Dixon Dorminy Doster Drew Duncan Egan Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell
Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Hill Holder Hood Houston Hutchinson Irvin Jones, C. M. Jones, G. Paul Jordan, W. H. Kiley Knapp Lambert Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. McCracken Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Overby Palmer
Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rush Russell Sims Simkins Smith, G. L. II Smith, W. L. Spikes Spillers Stalnaker Starnes Steis Story Stovall Sullivan Sweat Taylor Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Walling Watkins Watson Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Alexander Anderson Bagby Barfield
Blair Bowen Brackin Busbee Caldwell
Carr Clarke, H. G. Collins, J. P. Colwell Conger
804
Conner Daugherty Dean DeLong Dollar Elliott Etheridge Evensen Farrar Fleming Floyd Gary Hale Harris, R. W. Henderson Higginbotham Howard Howell
JOURNAL OF THE HOUSE,
Hull Johnson, Dr. A. S. Johnson, B. Jones, M. Jordan, Ben C. Knight Lambros Lane Leonard Lovett Mauldin McClatchey McDaniell Melton Mitchell NeSmith, J. D. Odom Otwell
Pafford Pickard Rainey Rowland Savage Sherman Shields Smith, A. B. Smith, J. R. Smith, V. T. Snellings Snow Stewart Thomas Vaughn, C. R. Ware Westlake Mr. Speaker
On the passage of the Bill, as amended, the ayes were 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 326. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Fertilizer Act of 1960", as amended, so as to provide for renewals of registration; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Alien Bagby Barfield Bean Bennett Berry
Black Blalock Brackin Brantley Brinkley Brown, B. D. Brown, M. P. Bryant
Byrd Carley Carnes Gates Chandler Clark, J. T. Collins, J. F. Collins, M.
WEDNESDAY, FEBRUARY 2, 1966
805
Cook Cox Crowe Dailey Daugherty Davis DeLong Dickinson Dillon Dixon Dorminy Doster Drew Duncan Egan Fulford Funk Gaissert Gary Gignilliat Grahl Grier Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawking Herndon Holder Hood Houston Hutchinson Irvin Jones, G. Paul Jordan, Ben C. Jordan, W. H.
Kiley Knapp Lambert Lambros Land Lea, F. R. Lee, W. S. Leonard Levitas Lewis Longino Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. McClatchey McCracken Minge Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Palmer Paris Parker Parrish Peterson Phillips Powers
Reaves Reid Richardson Roach Ross Rush Russell Sherman Sims Smith, W. L. Snellings Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Walling Watkins Watson Webb Wells Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Anderson Barber Bedgood Blair Bowen Brown, C. Busbee Caldwell Carr Clarke, H. G. Colwell Conger Conner
Dean Dollar Elliott Etheridge Evensen Farrar Fleming Floyd Gaynor Hadaway Hale Harris, R. W. Henderson Higginbotham
Hill Howard Howell Hull Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Knight Lane Lee, W. J. (Bill) Lovell Lovett Mauldin
806
McDaniell Melton Merritt Mitchell NeSmith, J. D. Pafford Pickard Eainey Rowland
JOURNAL OP THE HOUSE,
Savage Shields Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes
Thomas Vaughn, C. R. Ware Westlake Wiggins Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 137, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 234. By Messrs. Etheridge of the 123rd and Townsend of the 140th:
A Bill to be entitled an Act to amend Code Chapter 74-1, relating to the relationship of parent to child, as amended, so as to provide for the visitation rights of grandparents 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Bagby Barfield Bean Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Byrd
Caldwell Carley Games Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Cook Cox Crowe Dailey Daugherty Davis DeLong Dillon Dixon
Dorminy Doster Drew Duncan Egan Etheridge Evensen Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hale Hamilton Harrell Harrington
WEDNESDAY, FEBRUARY 2, 1966
807
Harris, J. P. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Hill Holder Hood Howard Howell Hutchinson Irvin Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lanibros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lowrey Maddox Malone
Marshall Matthews, C. McClatchey McCracken Mixon Moore, J. H. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rush Russell Sherman Shields Sims Simkins
Smith, G. L. II Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Steis Stewart Story Stovall Sullivan Sweat Taylor Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, R. W.
Those voting in the negative were Messrs.:
Dickinson Floyd
Minge
Those not voting were Messrs.:
Anderson Barber Bedgood Bowen Brantley Bryant Busbee Carr Colwell Conger Conner Dean Dollar Elliott Farrar
Fleming Fulford Hadaway Henderson Houston Hull Johnson, Dr. A. S. Johnson, B. Jones, C. M. Knight Lambert Land Lane Leonard Lovett
Moore, Don C.
Matthews, C. Mauldin McDaniell Melton Merritt Mitchell NeSmith, J. D. Odom Pafford Pickard Rainey Rowland Savage Smith, A. B. Smith, J. R.
808
Smith, V. T. Starnes Thomas
JOURNAL OF THE HOUSE,
Underwood Ware Westlake
Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 147, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Barber of the 24th stated that he was called from the floor of the House when the vote was taken on HB 234, but had he been persent, would have voted "aye".
HB 133. By Messrs. Howard of the 101st, Abney of the 1st, Snow of the 1st, Harris of the 85th and others:
A Bill to amend Code 30-209; to provide that alimony payments to the wife shall cease on her remarriage; to specify elements to be considered in fixing the amount of permanent alimony; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bennett Berry Black Blair Blalock Bowen Brackin Brinkley Brown, B. D.
Brown, C. Brown, M. P. Bryant Byrd Caldwell Carley Games Gates Chandler Clarke, H. G. Clark, J. T. Collins, M. Cook Cox Crowe Dailey Daugherty Davis
DeLong Dickinson Dillon Dixon Dorminy Doster Drew Duncan Egan Elliott Etheridge Evensen Farrar Floyd Funk Gaissert Gary Gaynor
WEDNESDAY, FEBRUARY 2, 1966
809
Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Herndon Higginbotham Hill Holder Hood Howard Howell Hutchinson Irivn Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell
Lowrey Maddox Malone Marshall Matthews, D. R. McClatchey McCracken McDaniell Merritt Minge Mitehell Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rush Russell Sherman
Sims Simkins Smith, G. L. II Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Walling Watkins
Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bedgood Brantley Busbee Carr Collins, J. F. Colwell Conger Conner Dean Dollar Fleming Fulford Harrington Hawkins
Houston Hull Johnson, B. Jones, C. M. Knight Land Lane Leonard Levitas Lovett Matthews, C. Mauldin Melton NeSmith, J. D.
Odom Pafford Pickard Rainey Rowland Savage Shields Smith, A. B. Smith, V. T. Thomas Vaughn, C. R. Ware Watson Mr. Speaker
On the passage of the Bill, the ayes were 162, nays 0.
810
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
Mr. Odom of the 79th stated that he had been called from the floor of the House when the vote was taken on HB 133, but had he been present would have voted "aye".
HB 233. By Mr. Watkins of the 9th:
A Bill to be entitled an Act to amend Code Chapter 84-9, relating to the creation of the State Board of Medical Examiners, as amended, so as to provide persons wishing to obtain a license to practice medicine shall furnish satisfactory evidence of having completed one year of training as an intern in a hospital in good standing with the State Board of Medical Examiners; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Chapter 84-9, relating to the creation of the State Board of Medical Examiners, as amended, so as to remove the provision relating to the naming of the system of practice an applicant proposes to follow; to provide that persons wishing to obtain a license to practice medicine shall, in addition to other require ments, furnish satisfactory evidence of having completed one year of training as an intern in a hospital in good standing with the State Board of Medical Examiners; to provide for the conditions upon which licenses by reciprocity are granted by the said State Board of Medical Exami ners; 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 Chapter 84-9, relating to the creation of the State Board of Medical Examiners, as amended, is hereby amended by striking Code Section 84-907, relating to licenses to practice medicine, in its entirety and substituting in lieu thereof a new Code Section 84-907 to read as follows:
"84-907. License to practice medicine; how obtained; qualifica tions of applicants.--Any person wishing to obtain the right to practice medicine in this State, who has not heretofore been regis tered or licensed so to do, shall, before it shall be lawful for him to practice medicine in this State, make application to the State Board of Medical Examiners through the Joint-Secretary, State Examining Boards, upon such form and in such manner as shall be adopted and prescribed by the Board, and obtain from the Board a license so to do. Unless such person shall have obtained a license as aforesaid, it shall be unlawful for him to practice, and if he shall practice medicine without first having obtained such a license, he shall be deemed to have violated the provisions of this Chapter.
WEDNESDAY, FEBRUARY 2, 1966
811
All applicants for a license to practice medicine or for a renewal of any such license which has been revoked shall furnish the Board with evidence of good moral character. Applications from candi dates to practice medicine or surgery in any of its branches shall be accompanied with proof that the applicant is a graduate of one of the two colleges of medicine now existing in the State of Georgia, or from some other legally incorporated medical college or institu tion in good standing with the Board. The Board shall have the power to revoke the certificate granted to any applicant who makes any misstatement of any material fact in his application for exami nation.
"Any person who is a graduate of medical school or institution approved by the Board shall be eligible to stand any regular exami nation given by the Board for a license to practice medicine in this State. However, before such person shall be eligible to receive a license to practice medicine in this State, he shall furnish the Board with satisfactory evidence of attainments and qualifications under the provisions of this Section and the rules and regulations of the Board. Nothing contained in this Section shall be construed so as to require a person who has previously passed an examination given by the Board for a license to practice medicine in this State to stand another examination.
"If the applicant submits proof that he has had one year of training as an intern in a hospital in good standing with the Board, or in a hospital of another State if the standards of such hospital are approved by the Board, and if he furnishes satisfactory evidence of attainments and qualifications under the provisions of this Chapter and the rules and regulations of the Board, he shall be eligible to receive a license from the Board giving him absolute authority to practice medicine in this State. If the applicant does not submit proof that he has had one year of training as an intern in such hospital but otherwise furnishes satisfactory evidence of attainments and qualifications under the provisions of this Chapter and the rules and regulations of the Board, he shall be eligible to receive an interning license from the Board giving him authority to practice medicine in the hospitals in this State but not otherwise. Upon satisfactory proof by a person holding an interning license from the Board that he has had one year of training as an intern in a hospital in good standing with the Board or in a hospital of another State if the standards of such hospital are approved by the Board, the Board shall forthwith issue him a license from the Board giving him absolute authority to practice medicine in this State."
Section 2. Said Code Chapter is further amended by striking Code Section 84-914, relating to license fees, in its entirety and substituting in lieu thereof a new Code Section 84-914 to read as follows:
"84-914. License fees and licensees by reciprocity.--There shall be paid to the Joint-Secretary, State Examining Boards, by each applicant for a license by examination, who is a resident of Georgia, a fee of $20.00, or a fee of $50.00 for a non-resident applicant for a license by examination, which shall accompany the application. The same fee shall be charged for issuing a temporary license, which
812
JOURNAL OF THE HOUSE,
shall include fee for examination for permanent license; and a fee of $100.00 shall be charged for issuing a license by reciprocity. A fee of $10.00 shall be charged for issuing a full license to a person holding an interning license. No part of any fee shall be returnable under any circumstances; nor shall this Chapter be construed as affecting or changing in any way laws in reference to license taxes to be paid by physicians and surgeons.
"The Board of Medical Examiners may grant a license without examination to licentiates of boards of other states requiring equal or higher qualifications, upon the same basis as such states recipro cate with the State of Georgia, all upon the following terms and conditions:
"(a) If the date of the license from the boards of such other states is on or before January 1, 1967, no proof of interning in an approved hospital need be submitted to obtain a license from the Board giving the applicant absolute authority to practice medicine in this State;
"(b) If such date of such license is after January 1, 1967, the Board shall grant the applicant an interning license from the Board giving him authority to practice medicine in the hospitals in this State but not otherwise unless the applicant submits proof that he has had one year of training as an intern in a hospital in good standing with the Board or in a hospital of another State if the standards of such hospital are approved by the Board, in which event the Board shall grant the applicant a license from the Board giving the applicant absolute authority to practice medicine in this State. A person holding an interning license granted by reciprocity may obtain a full license upon making proof to the Board as re quired in Section 84-907 and upon paying the fee provided in this Section. Provided, however, the Board may, in its discretion, waive the requirements of this subsection after determining that an appli cant, licensed to practice medicine in another State which does not require an internship, has been actively engaged in the practice of medicine in such other State for at least two years."
Section 3. Said Code Chapter is further amended by striking Code Section 84-915, relating to issuance and renewal of licenses to practice medicine, in its entirety and substituting in lieu thereof a new Code Section 84-915 to read as follows:
"84-915. Issuance and renewal of licenses to practice. Duty of Joint-Secretary to aid in prosecutions.--The Board of Medical Ex aminers shall have authority to administer oaths, to summon wit nesses, and to take testimony in all matters relating to its duties. Said Board shall issue licenses to practice medicine to all persons who shall furnish satisfactory evidence of attainments and qualifi cations under the provisions of this Chapter and the rules and regu lations of the Board. Such license shall be signed by the President of the State Board of Medical Examiners and attested by the JointSecretary, State Examining Boards, under the Board's adopted seal, and, in the case of a full license, it shall give absolute authority to the person to whom it is issued to practice medicine in this State,
WEDNESDAY, FEBRUARY 2, 1966
813
and, in the case of an interning license, it shall give authority to practice medicine in hospitals in this State but not otherwise. It shall be the duty of the Joint-Secretary under the direction of the Board to aid the solicitors in the enforcement of this Chapter and in the prosecution of all persons charged with violations of its provisions.
"All licenses to practice medicine, whether full licenses or in terning licenses, shall expire on December 31 of each year and shall become invalid on that date unless renewed. The fee for renewal shall be $3.00. On or before December 1, the Joint-Secretary, State Examining Boards, shall mail to each person holding a current li cense to practice medicine, whether a full license, or an interning license, a blank to be used in applying for renewal of his license and a statement of the fee. Upon receipt of the application and renewal fee, the Joint-Secretary, acting under the direction of the State Board of Medical Examiners, shall be authorized to renew the license. Failure to apply for renewal of a license and to remit the renewal fee during the month of December shall not withdraw the right of renewal but the renewal fee, if submitted after Decem ber 31, shall be $10.00."
Section 4. The provisions of this Act shall become effective at 12:01 a.m. on January 1, 1967.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Blair Blalock Bowen Brackin
Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley Games Carr Gates Clark, J. T. Collins, M. Conger Cook Cox
Crowe Daugherty Davis Dean DeLong Dickinson Dillon Dollar Drew Duncan Egan Elliott Etheridge Evensen Farrar
814
JOURNAL OF THE HOUSE,
Fleming Floyd Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. K. Harrison Hawkins Higginbotham Hill Holder Hood Hull Hutchinson Irvin Johnson, Dr. A. S. Jordan, W. H. Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Longino
Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. McClatchey McCracken McDaniell Merritt Minge Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Odom Overby Palmer Paris Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rush Russell Savage
Sherman Sims Simkins Smith, G. L. II Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sweat Taylor Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Voting in the negative was Mr. Dixon.
Those not voting were Messrs.:
Berry Black Brantley Brinkley Brown, M. P. Chandler Clarke, H. G. Collins, J. F. Colwell Conner Dailey Dorminy Doster Fulford
Hale Harris, R. W. Henderson Herndon Houston Howard Howell Johnson, B. Jones, C. M. Jones, G. Paul Jones M. Jordan, Ben C. Kiley Knight
Land Lane Leonard Levitas Mauldin Melton Mitchell Mixon Nessmith, P. Newton, D. L. Oglesby Otwell Pafford Parker
WEDNESDAY, FEBRUARY 2, 1966
815
Pickard Rainey Rowland Shields Smith, A. B.
Smith, J. R. Smith, V. T. Sullivan Thomas Thompson, A. W.
Thompson, R. Ware Mr. Speaker.
On the passage of the Bill, by substitute, the ayes were 147, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 220. By Mr. Palmer of the 117th:
A Bill to be entitled an Act to amend Code Chapter 88-19, constituting a part of the Georgia Health Code, relating to regulations of hospitals and related institutions; and for other purposes.
The following Committee amendment was read and adopted:
The Hygiene and Sanitation Committee moves to amend HB 220 as follows:
By inserting the following language:
"approved by the medical staff of the institution involved", in the title between the words "groups" and "governmental", in Code Section 88-1908, which Code Section is quoted in Section 1 of said bill between the words "groups" and "governmental", and in Code Section 88-1909, which Code Section is quoted in Section 2 of said bill between the words "groups" and "governmental".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Barber Barfield Bean
Bedgood Bennett Blalock Brown, B. D. Brown, C. Brown, M. P. Bryant
Busbee Byrd Carley Games Carr Gates Chandler
816
Clarke, H. G. Clark, J. T. Collins, M. Cook Cox Crowe Daugherty Davis Dickinson Dillon Dollar Drew Duncan Egan Elliott Etheridge Evensen Parrar Floyd Funk Gaynor Gignilliat Grahl Grier Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Hill Hood Howard Howell Hutchinson Irvin
JOURNAL OF THE HOUSE,
Johnson, A. S. Dr. Jones, G. Paul Jordan, Ben C. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lovell Lovett Lowrey Malone Marshall Matthews, C. McCracken Merritt Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Palmer Paris Parker Parrish
Peterson Phillips Powers Reid Richardson Roach Rush Russell Savage Sherman Sims Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Taylor Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Wilson, J. M. Wood
Voting in the negative were Messrs.: Dixon and Sweat.
Those not voting were Messrs.:
Anderson Bagby Berry Black Blair Bowen Brackin Brantley Brinkley Caldwell Collins, J. F.
Colwell Conger Conner Dailey Dean DeLong Dorminy Doster Fleming Fulford Gaissert
Gary Hadaway Hale Harris, R. W. Henderson Herndon Higginbotham Holder Houston Hull Johnson, B.
WEDNESDAY, FEBRUARY 2, 1966
817
Jones, C. M. Jones, M. Jordan, W. H. Knight Land Lane Maddox Matthews, D. R. Mauldin McClatchey McDaniell Melton Moore, J. H.
Nessmith, P. Newton, D. L. Pafford Pickard Rainey Reaves Ross Rowland Shields Simkins Smith, A. B. Smith, G. L. II Smith, J. R.
Smith, V. T. Spikes Thomas Thompson, A. W. Thompson, R. Underwood Ware Watkins Williams, W. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Busbee of the 79th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
818
JOURNAL OP THE HOUSE,
Representative Hall, Atlanta, Georgia. Thursday, February 3, 1966.
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. H. Collins, Pastor First Baptist Church, Winder, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, 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.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for Thursday, February 3, 1966, and submits the following:
HB
33. County officers, Grand Jury indictment.
HB
36. Criminal procedure, bond forfeited.
THURSDAY, FEBRUARY 3, 1966
819
HB
39. Real estate sales, commission.
HB
46. Education, control other departments.
HB
51. Firemen's Pensions, increase.
HB
75. Motor vehicles, seat belts.
HB
98. Georgia youth council, create.
HB 105. State Highway, relocation expenses.
HB 134. Solicitor General Emeritus, term of service.
HB 154. Commission on status of women, create.
HB 166. Life Insurers, investment accounts.
HB 187. Motor vehicles, weight.
HB 202. Ports Authority, membership.
HB 208. Tax, income of estates.
HB 223. Civil cases, court costs.
HB 226. Mortgage Loans, Value.
HB 229. Concealed weapons, devices.
HB 252. Board of Probation, Salary.
HB 264. Divorce, temporary alimony hearing.
HB 284. Taxation, intangible property.
HB 306. Athletic Contests, Admission Price.
HB 307. Cognizance bonds, military personnel.
HB 323. Eminent Domain, Compensation.
HB 325. Georgia Food Act, amend.
HB 335. Water Quality Control Act, hearing.
HB 369. Deputy Wildlife Ranger, appoint.
HR 158-341. Convey Property, Baldwin County.
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Busbee of 79th District Vice-Chairman.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
820
JOURNAL OF THE HOUSE,
HB 470. By Messrs. Busbee, Odom, Hutchinson and Lee of the 79th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Albany, so as to authorize the city commissioners to designate the place for holding elections; and for other purposes.
Referred to the Committee on Local Affairs.
HB 471. By Mr. Stovall of the 17th:
A Bill to be entitled an Act to abolish the present mode of compensating the ordinary of Banks County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 472. By Mr. Stovall of the 17th:
A Bill to be entitled an Act to amend an Act creating a board of commissioners of roads and revenues of Madison County, so as to pro vide that certain personnel personally objected to by the chairman shall not be employed by the board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 473. By Mr. Stovall of the 17th:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Banks County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 474. By Mr. Stovall of the 17th:
A Bill to be entitled an Act to abolish the present mode of compensating the clerk of the superior court of Banks County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HR 224-474. By Mr. Funk of the 116th:
A Resolution proposing an amendment to the Constitution so as to provide for increased homestead exemption for each resident of Chatham County actually occupied by the owner as a residence and homestead; and for other purposes.
Referred to the Committee on Local Affairs.
HB 475. By Messrs. Overby, Williams and Wood of the 16th:
A Bill to be entitled an Act to add one additional Judge of the Superior Court for the Northeastern Judicial Circuit of Georgia, so as to provide for two judges in said court; and for other purposes.
Referred to the Committee on Judiciary.
THURSDAY, FEBRUARY 3, 1966
821
HB 476. By Mr. Brackin of the 87th:
A Bill to be entitled an Act to fix, allow and provide for the compen sation of the Sheriff of Seminole County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 477. By Mr. Brackin of the 87th:
A Bill to be entitled an Act to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Colquitt in the County of Miller, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 478. By Mr. Lane of the 64th:
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 an annual salary, expense and mileage for members of the General Assembly; and for other purposes.
Referred to the Committee on Judiciary.
HB 479. By Mr. Nessmith of the 64th:
A Bill to be entitled an Act to repeal an Act creating an "Agricultural Commodities Authority"; and for other purposes.
Referred to the Committee on Agriculture.
HB 480. By Mr. Egan of the 141st:
A Bill to be entitled an Act to provide for personal jurisdiction over any non-domiciliary, or his executor or administrator, as to a cause of action arising from the transaction of business within the state, or the commission of a tortious act within the state, or owning, using or pos sessing real property situated within the state; and for other purposes.
Referred to the Committee on Judiciary.
HR 225-480. By Messrs. Smith of the 114th, Tye of the 115th, Powers and Gignilliat of the 113th, Drew of the 116th and others:
A Resolution proposing an amendment to the Constitution so as to pro vide to the qualified voters of Chatham County an amendment to Article VII, Section I, Paragraph III, providing for tax equalization by au thorizing levying of taxes other than taxes on real and personal property; and for other purposes.
Referred to the Committee on Local Affairs.
822
JOURNAL OF THE HOUSE,
HR 226-480. By Mr. Rainey of the 69th: A Resolution compensating Mr. John B. Porter; and for other purposes.
Referred to the Committee on Appropriations.
HR 227-480. By Mr. Overby of the 16th: A Resolution compensating William T. Bell; and for other purposes.
Referred to the Committee on Appropriations.
HB 481. By Messrs. Vaughn of the 117th, Smith of the 54th, Blalock of the 33rd, Ware of the 42nd, Harris of the 118th, Steis of the 100th and Richardson of the 116th: A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt the sale of tangible personal property and services to certain private schools from the taxes imposed by said Act; and for other purposes.
Referred to the Committee on Rules.
HB 482. By Mr. Black of the 56th: A Bill to be entitled an Act to fix the compensation of the clerk of the commissioners of roads and revenue of all counties having a certain population, to provide that such compensation shall be paid from county funds by the governing authorities of such counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 483. By Mr. Black of the 56th:
A Bill to be entitled an Act to amend an Act abolishing the office of tax collector and tax receiver and creating the office of tax commissioner in their stead, so as to change the compensation of the tax commissioner of Chattahoochee County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 484. By Mr. Black of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Chattahoochee County on an annual salary in lieu of the fee basis of compensation, so as to authorize the governing authority of Chattahoo chee County to fix the compensation of the sheriff within a certain salary range; and for other purposes.
Referred to the Committee on Local Affairs.
THURSDAY, FEBRUARY 3, 1966
823
HB 485. By Mr. Black of the 56th:
A Bill to be entitled an Act to provide that in all counties of this State having a certain population, the ordinaries of such counties shall be compensated on a salary basis in lieu of the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 486. By Mr. McClatchey of the 138th:
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, so as to provide that bonds issued by corporations may be signed with the facsimile signatures of the officers authorized to sign such bonds; and for other purposes.
Referred to the Committee on Judiciary.
HB 487. By Messrs. Murphy of the 26th and Paris of the 23rd:
A Bill to be entitled an Act to amend Code Section 27-704, relating to the trial of certain defendants, so as to provide that defendants charged with violating the traffic laws of this state may be tried upon accusa tions filed by the prosecuting officer of the court without the necessity of securing the defendant's waiver of indictment by the grand jury; and for other purposes.
Referred to the Committee on Judiciary.
HB 488. By Messrs. Newton of the 94th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th and Herndon of the 74th:
A Bill to be entitled an Act to be entitled "Department of Agriculture Registration, License and Permit Act"; to require persons applying to the Department of Agriculture for the State of Georgia for registration, to designate a place where the applicant may be personally served with legal process; and for other purposes.
Referred to the Committee on Judiciary.
HB 489. By Messrs. Richardson of the 116th, Gignilliat and Powers of the 113th, Smith of the 114th, Tye and Kiley of the 115th:
A Bill to be entitled an Act to amend an Act incorporating Garden City, so as to confer upon the mayor and the councilmen additional powers; and for other purposes.
Referred to the Committee on Local Affairs.
HR 228-489. By Messrs. Carley of the 117th and Harris of the 118th: A Resolution compensating James R. Everett and the Minnesota Mining and Manufacturing Company; and for other purposes.
Referred to the Committee on Appropriations.
824
JOURNAL OF THE HOUSE,
HB 490. By Messrs. Bedgood and Matthews of the 29th:
A Bill to be entitled an Act to place the sheriff of Clarke County upon an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 491. By Messrs. Bedgood and Matthews of the 29th:
A Bill to be entitled an Act to amend an Act providing for the merger of the independent school system of the Mayor and Council of the City of Athens and the existing school district of Clarke County, so as to provide that no educational tax shall be levied at a rate in excess of 20 mills; and for other purposes.
Referred to the Committee on Local Affairs.
HB 492. By Messrs. Matthews and Bedgood of the 29th:
A Bill to be entitled an Act to amend an Act relating to the charter of the Town of Athens, so as to authorize the appointment of Deputy Registrars; and for other purposes.
Referred to the Committee on Local Affairs.
HB 493. By Messrs. Matthews and Bedgood of the 29th:
A Bill to be entitled an Act to fix the compensation of the treasurer of Clarke County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 494. By Messrs. Sherman and DeLong of the 105th, Fleming and Simkins of the 106th, Hull and Snellings of the 104th:
A Bill to be entitled an Act to amend an Act authorizing the establish ment of law libraries in courts in certain counties, so as to authorize an assistant for the official operating such libraries; and for other purposes.
Referred to the Committee on Judiciary.
HR 229-494. By Mr. Maddox of the 8th: A Resolution compensating Mr. Joe B. Bunch; and for other purposes.
Referred to the Committee on Appropriations.
HR 230-494. By Mr. Maddox of the 8th:
A Resolution compensating Mr. William Walraven; and for other purposes.
Referred to the Committee on Appropriations.
THURSDAY, FEBRUARY 3, 1966
825
HR 231-494. By Mr. Maddox of the 8th: A Resolution compensating Easter Faye Garrett; and for other purposes.
Referred to the Committee on Appropriations.
HR 232-494. By Mr. Matthews of the 29th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by local act for the creation of a Charter Commission to study the consolidation of the government of the mayor and council of the City of Athens and Clarke County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 495. By Mr. Lambert of the 38th:
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 496. By Messrs. Pickard of the 112th, Richardson of the 116th, Odom of the 79th, Shields of the lllth and others:
A Bill to be entitled an Act to amend an Act relating to the negotiation of highway contracts by the State Highway Director and State Highway Department, so as to provide for the negotiation of such contracts with incorporated municipalities when such contracts are deemed to be in the interest of the public; and for other purposes.
Referred to the Committee on Highways.
HB 497. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Jordan of the 103rd:
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 provide that the charge for licenses issued for certain business activities within Cobb County shall be limited to actual expenses incurred in issuing such licenses; and for other purposes.
Referred to the Committee on Local Affairs.
HR 233-497. By Messrs. Richardson and Drew of the 116th, Tye and Kiley of the 115th, Gignilliat and Powers of the 113th, Smith and Gaynor of the 114th:
A Resolution adopting a new song "Georgia-Georgia" as the official State Song; and for other purposes.
Referred to the Committee on State of Republic.
826
JOURNAL OF THE HOUSE,
HB 498. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend an Act relating to the sale of admission tickets to athletic contests of the colleges of the university system of Georgia, so as to strike the provision making it unlawful to sell admission tickets anywhere except places designated by the athletic authorities of the college issuing said tickets; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 499. By Mr. Black of the 56th:
A Bill to be entitled an Act to provide that in all counties of this State having a certain population the governing authorities of such counties shall furnish the Sheriff of said counties firearms and ammunition and a two-way radio for the sheriff's office; and for other purposes.
Referred to the Committee on Local Affairs.
HB 500. By Messrs. Matthews of the 94th and Overby of the 16th:
A Bill to be entitled an Act to provide a supplemental appropriation, pursuant to the provisions of Sections 9 and 13 of the Employment Security Law, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this State's account in the Unemployment Trust Fund, for the purpose of providing suitable offices for use by the Employment Security Agency in the Department of Labor and for the procurement of lands and buildings therefor; and for other purposes.
Referred to the Committee on Appropriations.
HB 501. By Messrs. Snellings and Hull of the 104th, DeLong and Sherman of the 105th, Fleming and Simkins of the 106th:
A Bill to be entitled an Act to amend an Act regulating public instruc tion in the County of Richmond, so as to change the compensation of the members, president and vice-president, of the board of education; and for other purposes.
Referred to the Committee on Local Affairs.
HB 502. By Messrs. Elliott of the 107th, Knapp, Stewart, Wilson and Jones of the 109th, and Bryant of the 108th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Macon, in and for the County of Bibb, so as to change the name of the city court of Macon; and for other purposes.
Referred to the Committee on Local Affairs.
THURSDAY, FEBRUARY 3, 1966
827
HB 503. By Messrs. Elliott of the 107th, Knapp, Stewart, Wilson and Jones of the 109th, and Bryant of the 108th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Macon, in and for the County of Bibb, so as to provide for the establishment of a court probation office, the appointment of probation officers and other assistants, to provide duties of said probation officers; and for other purposes.
Referred to the Committee on Local Affairs.
HB 504. By Mr. Smith of the 54th:
A Bill to be entitled an Act to amend an Act incorporating the City of Swainsboro, so as to provide for the qualifications and registration of voters; and for other purposes.
Referred to the Committee on Local Affairs.
HR 240-504. By Mr. Smith of the 54th: A Resolution compensating Mr. J. Dewey Williams; and for other purposes.
Referred to the Committee on Appropriations.
HR 241-504. By Mr. Vaughn of the 117th: A Resolution proposing an amendment to the Constitution so as to increase the debt limitation of Rockdale County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 242-504. By Messrs. Story and Watson of the 22nd: A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Gwinnett County to establish and administer fire protection districts and sewerage districts in said coun ty; and for other purposes.
Referred to the Committee on Local Affairs.
HB 505. By Mr. Anderson of the 71st: A Bill to be entitled an Act to amend an Act placing the Ordinary of Pulaski County upon an annual salary in lieu of the fee system, so as to provide that ordinary shall be entitled to receive fees, which are payable to local custodians of vital statistics in the event said ordinary is designated local custodian of vital statistics; and for other purposes.
Referred to the Committee on Local Affairs.
828
JOURNAL OF THE HOUSE,
HB 506. By Mr. Anderson of the 71st:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Pulaski County upon an annual salary in lieu of the fee system, so as to provide that the clerk shall receive an allowance payable from the funds of Pulaski County for assistance rendered to the Board of Tax Assessors of Pulaski County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 507. By Messrs. Overby, Wood and Williams of the 16th:
A Bill to be entitled an Act to incorporate and to grant a new charter to the City of Oakwood; and for other purposes.
Referred to the Committee on Local Affairs.
HB 508. By Messrs. Lea of the 126th and Gary of the 35th:
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.
Referred to the Committee on Appropriations.
HB 509. By Messrs. Smith of the 3rd, Steis of the 100th, Jones of the 112th, Hawkins of the 139th, Smith of the 114th, Hale of the 1st, and Richard son of the 116th:
A Bill to be entitled an Act to be known as the "Water Resources and Planning Act"; to provide a statement of policy and the intent of said Act; to create within the executive branch of government the Georgia Department of Water Resources; to create a Georgia Water Resources Commission; and for other purposes.
Referred to the Committee on Rules.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 86. By Senators Webb of the llth, Rowan of the 8th and others:
A bill to amend Code Sec. 47-102, relating to State Senatorial Districts, as amended, particularly by an Act approved Oct. 5, 1962 (Ga. Laws 1962, Sept. Oct., Ex. Sess., p. 7), so as to remove the provision requiring Senators in those Senatorial Districts consisting of less than one county to be elected by all voters of the county in which the district is located; and for other purposes.
THURSDAY, FEBRUARY 3, 1966
829
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 424. By Mr. Land of the 53rd:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Twiggs County, known as the fee system; and for other purposes.
HB 425. By Mr. Stovall of the 17th:
A Bill to be entitled an Act to amend an Act changing the mode of compensating the clerk of the superior court, the ordinary, the tax commissioner and coroner of Madison County, so as to change the com pensation allowed the tax commissioner; and for other purposes.
HB 426. By Messrs. Blalock of the 33rd and Carnes of the 129th:
A Bill to be entitled an Act to amend Code Section 69-902 relating to an alternative method of annexing territory to the municipalities of this State so as to make the provisions of this section apply to any municipality within the State regardless of population of the county in which any municipality lies; and for other purposes.
HB 427. By Messrs. Lewis and Newton of the 50th:
A Bill to be entitled an Act to change the terms of the Superior Court of Burke County; and for other purposes.
HB 428. By Mr. Webb of the 65th:
A Bill to be entitled an Act to amend an Act incorporating the City of Guyton, so as to fix the date for the taking of office by the Mayor and Council-elect; and for other purposes.
HB 429. By Mr. Hood of the 124th:
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 stamps or retail liquor license may be sold to residents of certain municipalities under certain circumstances; and for other purposes.
HB 430. By Messrs. Minge, Lowrey and Starnes of the 13th:
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 that the Director of the Department of Public Safety shall dispense with certain actions in regard to the drivers' licenses and motor vehicle registrations of certain operators involved in certain actions; and for other purposes.
830
JOURNAL OF THE HOUSE,
HB 431. By Messrs. Minge, Starnes and Lowrey of the 13th:
A Bill to be entitled an Act to amend an Act creating the office of judge of the superior courts emeritus, so as to provide that the Governor may call on any judges emeritus of the courts of Georgia to serve as judges of the superior courts of this State; and for other purposes.
HE 201-431. By Mr. Harris of the 85th:
A Resolution proposing an amendment to the Constitution, so as to provide additional definitions relating to the Brunswick and Glynn County Development Authority; and for other purposes.
HR 202-431. By Mr. Gignilliat of the 113th:
A Resolution authorizing the conveyance of an easement over, across and through certain real property owned by the State of Georgia in Chatham County; and for other purposes.
HR 203-431. By Mr. Roach of the 15th:
A Resolution repealing two resolutions regarding land in Cherokee County; and for other purposes.
HB 432. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, and Snellings of the 104th:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, so as to provide for a more equitable method of making assess ments for street improvements where the streets or alleys to be im proved exceed 30 feet in width; and for other purposes.
HB 433. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, and Snellings of the 104th:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to authorize the city council of Augusta to maintain on the streets a system of sprinkling and to charge the cost against abutting property and the owners thereof, and against other persons using the streets, by repealing said Act in its entirety; and for other purposes.
HB 434. By Mr. McCracken of the 49th:
A Bill to be entitled an Act to abolish the present mode of compensating the Coroner of Jefferson County, known as the fee system; and for other purposes.
HB 435. By Mr. McCracken of the 49th:
A Bill to be entitled an Act to amend an Act creating the office of treasurer for the county of Jefferson, so as to change the salary of the treasurer; and for other purposes.
THURSDAY, FEBRUARY 3, 1966
831
HR 204-435. By Mr. Hale of the 1st:
A Resolution proposing an amendment to the Constitution, so as to provide that certain property in Dade County shall be exempt from all ad valorem taxes; and for other purposes.
HR 205-435. By Messrs. Williams, Wood and Overby of the 16th:
A Resolution proposing an amendment to the Constitution, so as to provide that the county school superintendent of Hall County shall be appointed by the Board of Education of Hall County; and for other purposes.
HR 206-435. By Mr. Underwood of the 61st:
A Resolution proposing an amendment to the Constitution so as to create the Treutlen County Development Authority; and for other purposes.
HB 436. By Messrs. Higginbotham of the 119th and Wiggins of the 32nd:
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 that a violation of the speed limit not in excess of 10 miles per hour shall be excluded from the requirement that the drivers' license of a licensee shall be revoked upon the 3rd conviction; and for other purposes.
HB 437. By Messrs. Higginbotham of the 119th and Wiggins of the 32nd:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide that the drivers' license of certain licensees shall not be revoked for the commission of offenses for exceed ing the prescribed speed limit by less than 11 miles per hour; and for other purposes.
HR 207-437. By Messrs. Nessmith of the 64th and Harris of the 85th:
A Resolution creating an interim committee to study the problems, laws and procedures relating to strip mining operations and the mining industry; and for other purposes.
HB 438. By Messrs. Abney and Snow of the 1st:
A Bill to be entitled an Act to amend an Act providing for homestead exemption from certain taxes, so as to provide for the deduction of the homestead exemption from the fair market value of said homestead; and for other purposes.
HR 208-438. By Mr. Wilson of the 102nd: A Resolution compensating Carl Green; and for other purposes.
832
JOURNAL OF THE HOUSE,
HR 209-438. By Messrs. Evensen, Bean, Westlake and Higginbotham of the 119th, Carley, Malone, Palmer and Vaughn of the 117th, Farrar, Walling, Harris and Levitas of the 118th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of DeKalb County to appropriate public monies to support the activities of any private agency within said county which has been created for the purpose of providing a shelter for animals abandoned or lost; and for other purposes.
HB 439. By Messrs. Harris, Farrar, Levitas and Walling of the 118th, Palmer, Carley, Malone and Vaughn of the 117th, Bean, Westlake, Evensen and Higginbotham of the 119th:
A Bill to be entitled an Act to amend Code Chapter 113-10, relating to distribution, advancements, and years' support, so as to provide that in an application for years' support, notice of the filing must be given to the tax commissioner or tax collector of any county in which property sought to be set aside is located, if property in another county; and for other purposes.
HB 440. By Messrs. Bean, Evensen, Higginbotham and Westlake of the 119th:
A Bill to be entitled an Act to amend an Act creating and establishing in DeKalb County, districts from which the Board of Education are elected, so as to change the terms of board members; and for other purposes.
HB 441. By Messrs. Bean, Evensen, Higginbotham and Westlake of the 119th:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County and creating a Board of Commissioners of Roads and Revenues for DeKalb County, so as to change the method of electing certain members of the Board of Commissioners; and for other purposes.
HB 442. By Messrs. Bean, Evensen, Westlake and Higginbotham of the 119th:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County, and creating a Board of Commissioners of Roads and Revenues for DeKalb County, so as to change the method of electing certain members of the Board of Commissioners; and for other purposes.
HB 443. By Messrs. Wiggins of the 32nd, Gary of the 35th and Malone of the 117th:
A Bill to be entitled an Act to amend an Act providing the procedure for extending social security coverage to the employees of the State of Georgia, so as to provide that "political subdivision" shall include the Georgia Municipal Association for the purposes of this Act; and for other purposes.
THURSDAY, FEBRUARY 3, 1966
833
HB 444. By Mr. Reaves of the 99th:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Brooks County, known as the fee system; and for other purposes.
HR 212-444. By Mr. Herndon of the 74th:
A Resolution compensating Mrs. Jacquelyn S. Horen; and for other purposes.
HR 213-444. By Messrs. Reaves of the 99th, Herndon of the 74th, Newton and Matthews of the 94th, Collins of the 88th, McDaniell of the 101st, Oglesby of the 92nd, Phillips of the 41st and others:
A Resolution proposing an amendment to the Constitution so as to pro vide that only the qualified voters who are freeholders, and their spouses, may vote in bond elections; and for other purposes.
HB 445. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Courts of the Chattahoochee Judicial Circuit, as applied to the office of solicitor general, and providing for the payment of the salary of said solicitor general, so as to change the salary of said solicitor general; and for other purposes.
HB 446. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act relating to the establish ment of a City Court in the City of Columbus for Muscogee County, so as to change the salary of the judge and solicitor of said court; and for other purposes.
HB 447. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act establishing the salary of the Sheriff of Muscogee County, so as to change the salary of said sheriff; and for other purposes.
HB 448. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act abolishing the offices of tax receiver and tax collector of Muscogee County, so as to change the compensation to be paid said Tax Commissioner; and for other purposes.
834
JOURNAL OF THE HOUSE,
HB 449. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act relating to the salary of the judge of the juvenile court in counties in the State having a popu lation of not less than 150,000 and more than 175,000, so as to change the salary of the judge of the juvenile court in such counties; and for other purposes.
HB 450. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act establishing a salary for the Clerk of the Superior Court of Muscogee County, so as to change the salary of said clerk; and for other purposes.
HB 451. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act establishing the salary of the Ordinary of Muscogee County, so as to change the salary of said ordinary; and for other purposes.
HB 452. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act abolishing justice courts and offices of justice of the peace and notary public ex officio justices of the peace and establishing in lieu thereof a municipal court for the City of Columbus and County of Muscogee, so as to change the provisions relating to the jurisdiction of said court; and for other purposes.
HB 453. By Mr. Houston of the 84th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Pierce County on an annual salary in lieu of the fee basis of compensa tion, so as to change the salary of the sheriff; and for other purposes.
HB 454. By Mr. Houston of the 84th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Blackshear, so as to change the method of electing aldermen; and for other purposes.
HR 214-454. By Mr. Houston of the 84th:
A Resolution compensating Mr. L. L. Rhoden, Jr.; and for other pur poses.
THURSDAY, FEBRUARY 3, 1966
835
HR 215-454. By Messrs. Lovett and Knight of the 60th:
A Resolution proposing an amendment to the Constitution so as to create Dublin-Laurens School System by merging the independent school system of the City of Dublin and the county school system of Laurens County; and for other purposes.
HB 455. By Mr. Irvin of the llth:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Cornelia, so as to clarify the provisions of the charter of the City of Cornelia relating to the election of a member of the City Commission from Ward Number One; and for other purposes.
HB 456. By Mr. Irvin of the llth:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Cornelia, so as to eliminate the limitation on the amount of salary per annum which may be paid the City Manager; and for other purposes.
HB 457. By Mr. Irvin of the llth:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Cornelia, so as to grant the power of eminent domain for the purpose of acquiring lands, easements, rights in lands and water rights for public purposes of constructing water and sewer systems without the corporate limits of the City of Cornelia; and for other purposes.
HB 458. By Mr. Irvin of the llth:
A Bill to be entitled an Act to amend an Act establishing the city court of Habersham County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
HB 459. By Mr. Irvin of the llth:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Cornelia, so as to provide for the payment of monthly salaries to the members of the City Commission elected to serve as Mayor and other members of the City Commission; and for other purposes.
HB 460. By Messrs. Elliott of the 107th, Wilson, Stewart and Knapp of the 109th:
A Bill to be entitled an Act to amend an Act providing a pension and/or retirement plan and fund for certain employees of Bibb County, so as to increase the maximum age for participation in the pension plan thereby created from 40 years to 55 years; and for other purposes.
836
JOURNAL OP THE HOUSE,
HB 461. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A Bill to be entitled an Act to create the Bibb County Water and Sewer age Authority and to authorize such authority to acquire, construct, equip, etc., self-liquidating projects embracing sources of water supply; and for other purposes.
HR 216-461. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A Resolution proposing an amendment to the Constitution so as to empower the governing authority of Bibb County to adopt, revise, amend and modify pension, disability and retirement plans and to levy a tax to pay therefor in whole or in part; and for other purposes.
HR 217-461. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A Resolution proposing an amendment to the Constitution so as to empower the governing authority of Bibb County to establish, maintain, alter and discontinue a system or systems of recreation and to levy a tax to pay cost thereof; and for other purposes.
HR 218-461. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A Resolution proposing an amendment to the Constitution so as to em power the governing authority of Bibb County to levy a tax to pay or contribute to the payment of insurance premiums for group life in surance, as well as for group hospital, surgical and medical care for employees and for other purposes.
HB 462. By Messrs. Snow of the 1st, Jones of the 112th, Blair of the 68th, Harris of the 85th, Mitchell of the 3rd and others:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning com missions, so as to authorize municipal governing authorities to provide for the inclusion of adjacent unincorporated territory within the plan ning and zoning jurisdiction of the municipality; and for other purposes.
HB 463. By Messrs. Carnes of the 129th, Lea of the 126th, Dillon of the 128th, Adams of the 125th, Hood of the 124th, Grier of the 132rd and Cox of the 127th:
A Bill to be entitled an Act to amend Code Chapter 57-1 relating to interest, so as to provide for interest on unliquidated damages; and for other purposes.
THURSDAY, FEBRUARY 3, 1966
837
HB 464. By Messrs. Simkins of the 106th, Sherman of the 105th and Snellings of the 104th:
A Bill to be entitled an Act to amend Code Section 26-2625, relating to punishment for larceny, so as to change the punishment for certain larcenies when the value of the goods taken exceeds a certain amount; and for other purposes.
HB 465. By Mr. Collins of the 88th:
A Bill to be entitled an Act to change the terms of the Superior Court of Mitchell County and for other purposes.
HB 466. By Mr. Collins of the 88th:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Mitchell County, known as the fee system; and for other purposes.
HB 467. By Mr. Tucker of the 36th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the members of the Board of Education of Henry County, so as to change the compensation of the Chairman and the other members of the Board; and for other purposes.
HR 220-467. By Messrs. Wilson of the 102nd, McDaniell and Howard of the 101st, and Jordan of the 103rd:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Marietta to incur additional indebtedness for school purposes.
HR 221-467. By Mr. Tucker of the 36th:
A Resolution proposing an amendment to the Constitution so as to provide for the appointment of the County school superintendent of Henry County by the Board of Education of Henry County; and for other purposes.
HR 222-467. By Mr. Tucker of the 36th:
A Resolution proposing an amendment to the Constitution so as to create the Henry County Development Authority; and for other purposes.
HR 223-467. By Mr. Tucker of the 35th:
A Resolution to amend a Resolution proposing an amendment to Article VIII, Section V, Paragraph I of the Constitution (Resolution Act No. 77, Ga. Laws 1958, p. 436) relating to the election of the members of
838
JOURNAL OF THE HOUSE,
the Board of Education of Henry County, so as to change the terms of office of the members of the Board and provide for staggered terms; and for other purposes.
HB 468. By Mr. Conger of the 89th:
A Bill to be entitled an Act to repeal Code Section 92-7002 providing that it shall be the duty of the State Revenue Commissioner to examine the tax digests of the several counties; to amend Code Chapter 92-70 providing the duties of the State Revenue Commissioner relative to the tax digest of the several counties; so as to provide that beginning March 1, 1968 it shall be the duty of the State Revenue Commissioner to examine the tax digests of the several counties; and for other purposes.
HB 469. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th:
A Bill to be entitled an Act to provide that for the purposes of de termining income taxes due the State of Georgia, that gross income shall not include compensation received by certain enlisted personnel for active service as a member below the grade of commissioned officer in the Armed Forces of the United States for any years; and for other purposes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 86. By Senators Webb of the llth, Rowan of the 8th, Spinks of the 9th and others: 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 voters of the county in which the district is located; and for other purposes.
Referred to the Committee on Special Judiciary.
Mr. Conger of the 89th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 423. Do Pass. HB 337. Do Pass.
THURSDAY, FEBRUARY 3, 1966
839
HB 301. Do Pass. HB 85. Do Pass, by Committee Substitute. HB 322. Do Pass. HB 131. Do Not Pass.
Respectfully submitted, Conger of 89th District, Chairman.
Mr. Steis of the 100th District, 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 469. Do Pass.
Respectfully submitted, Steis of 100th District, Chairman.
Mr. Vaughn of the 117th District, Chairman of the Committee on Highways, submitted the following report:
Mr. Speaker:
Your Committee on Highways has had under consideration the following Bills and Resolution of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendation:
HB 408. Do Pass. HB 375. Do Not Pass. HB 375. Do Not Pass. 13-5 SR 7. Do Not Pass.
Respectfully submitted, Vaughn of 117th District, Chairman.
840
JOURNAL OF THE HOUSE,
Mr. Smith of the 3rd District, 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 421. Do Pass, by Committee Substitute.
HB 113. Do Pass, by Committee Substitute.
SB 100. Do Pass.
SB 80. Do Pass.
Respectfully submitted, Smith of 3rd District, Chairman.
Mr. Harris of the 118th District, 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 148. Do Pass.
HB 344. Do Pass.
HB 377. Do Pass, as Amended.
HR 149-304. Do Pass.
HB 387. Do Pass.
HB 388. Do Pass.
HB
27. Do Pass.
HB 289. Do Pass.
HR 141-291. Do Pass, as Amended.
Respectfully submitted, Harris of 118th District, Chairman.
THURSDAY, FEBRUARY 3, 1966
841
Mr. Williams of the 16th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the fol lowing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 319. Do Pass. SB 25. Do Pass. SB 29. Do Pass. SB 33. Do Pass.
Respectfully submitted, Williams of 16th District, Chairman.
Mr. Etheridge of the 123rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 101. Do Pass. HB 102. Do Pass. HB 103. Do Pass. HB 165. Do Pass. HB 261. Do Pass. HB 262. Do Pass. HB 156. Do Not Pass.
Respectfully submitted, Etheridge of 123rd District Chairman.
Mr. Chandler of the 47th District, Chairman of the Committee on State Institution and Properties, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Properties has had under con sideration the following Bill and Resolutions of the House and Senate and has
842
JOURNAL OF THE HOUSE,
instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 187-399. Do Pass.
HR 202-431. Do Pass.
HR 112-196. Do Pass.
HR 203-431. Do Pass.
SB
55. Do Pass.
Respectfully submitted,
Chandler of 47th District,
Chairman.
By unanimous consent, the following Resolutions of the House were taken up for consideration and read the third time:
HR 188-405. By Mr. Phillips of the 41st:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide that the General Assembly may grant to the governing authority of Columbia County the right to construct and repair streets and sidewalks and to lay curbing, water and sewer mains in certain areas of Columbia County and to assess the costs thereof pro rata against the abutting property owners, provided the owners of 75% of the property abutting such improvement shall consent thereto; 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 II of the Constitution is hereby amended by adding at the end thereof the following:
"The General Assembly may grant to the governing authority of Columbia County the right to construct or repair streets and sidewalks and to lay curbing, water and sewer mains and to assess the costs thereof pro rata against the abutting property owners, provided the owners of 75% of the property abutting such improve ments shall consent thereto and to provide for the issuance and enforcement of execution for the collection of such assessments and for the creation of liens thereby against such abutting property. Provided, however, that any Act of the General Assembly adopted pursuant hereto shall restrict the authority to those areas of said county where the property has been subdivided into lots having three hundred and fifty (350) feet of street frontage or less."
THURSDAY, FEBRUARY 3, 1966
843
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 that the General Assembly may grant to the govern ing authority of Columbia County the right to con-
NO ( ) struct and repair streets and sidewalks and to lay curbing, water and sewer mains in certain areas of Columbia County and to assess the costs thereof pro rata against the abutting property owners, provided the owners of 75% of the property abutting such improvements shall consent thereto?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Bagby Barber Barfield
Bean Bedgood Berry Black Blair Brackin Brantley
Brinkley Brown, B. D. Brown, M. P. Busbee Byrd Carley Games
844
Carr Chandler Clarke, H. G. Colwell Conger Cook Cox Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dollar Dorminy Doster Drew Duncan Egan Etheridge Evensen Fleming Floyd Fulford Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harris, J. R. Harris, R. W. Hawkins Herndon Higginbotham Hood Howard Howell Hull
JOURNAL OP THE HOUSE,
Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lovell Lowrey Malone Marshall Matthews, C. Mauldin Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Overby Palmer Paris Parker Peterson
Powers Rainey Reaves Reid Rowland Rush Savage Sherman Shields Sims Simkins Smith, J. R. Smith, V. T. Snellings Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. L. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Voting in the negative was Mr. Blalock.
Those not voting were Messrs.:
Alien Bennett Bo wen Brown, C. Bryant
Caldwell Cates Clark, J. T. Collins, J. F. Collins, M.
Conner Crowe Dixon Elliott Farrar
Punk Gary Harrington Harris, J. F. Harrison Henderson Hill
Holder Houston Jordan, W. H. Knight Land Lane
THURSDAY, FEBRUARY 3, 1966
845
Longino Lovett Maddox Matthews, D. R. McClatchey McCracken McDaniell Oglesby Pafford Parrish Phililps Pickard Richardson
Roach Ross Russell Smith, A. B. Smith, G. L. II Smith, W. L. Spillers Sweat Taylor Thomas Ware Watkins Mr, Speaker
On the adoption of the Resolution, the ayes were 149, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 190-407. By Messrs. Pickard, Brinkley and Jones of the 112th, Thompson and Berry of the 110th, Thompson and Shields of the lllth:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia to authorize the General Assembly, upon recommendation by the Board of Commissioners of Roads and Revenues of Muscogee County and any municipality located within the limits of Muscogee County, to combine or consolidate administrative departments and functions of county gov ernment with administrative departments and functions of any munici pality located within the limits of Muscogee County; to provide the procedure connected herewith, to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article XI, Section I, Paragraph VII of the Constitution is hereby amended by adding at the end thereof the following:
"The General Assembly shall have power, by legislation, after recommendation by the Board of Commissioners of Roads and Rev enues of Muscogee County and the governing body of any munici pality located within the limits of Muscogee County, to combine or consolidate any of the several powers, authorities, duties, and func tions of administrative departments vested in the County of Mus cogee with the powers, authorities, duties and functions of the administrative departments of any municipal corporation located
846
JOURNAL OF THE HOUSE,
within the limits of Muscogee County, and to effect the combination or consolidation, may combine or consolidate any administrative board, bureau, agency, office, or any other administrative depart ment; all subject only to such limitations as are within this para graph provided.
"To that end, and without limiting the generality of the fore going, the General Assembly is authorized to:
"1. Specify the respective methods of selection, terms, com pensation, powers, authority, duties, liabilities, and functions of the combined administrative officers or office, board, bureau, public agency or any other administrative department.
"2. Vest in any such combined administrative agency, office, officers, board or bureau, or administrative agency such powers as it shall deem proper.
"3. Provide for the preservation of all existent civil service, pension and retirement rights.
The powers herein granted:
"1. Are remedial and shall be liberally construed to effectuate their purpose.
"2. May be exercised by it notwithstanding any other provision of this Constitution or of law.
"3. Shall not be exhausted by their initial exercise, but may be exercised from time to time.
"4. Are cumulative of all other powers now held by the General Assembly, Muscogee County, and any municipality located within the limits of Muscog-ee County, and are not in lieu thereof.
"5. Shall not be construed as giving any right or power to consolidate or combine any elective officers or offices."
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 granted 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:
"Shall the Constitution be amended so as to authorize the General Assembly, after recommendation by the Board of Commis-
THURSDAY, FEBRUARY 3, 1966
847
sioners of Roads and Revenues of Museogee County and any munici pality located within the limits of Muscogee County, to combine and consolidate administrative boards, bureaus, public agencies, offices, officers, or any other administrative departments of Muscogee Coun ty with administrative departments of any municipal corporation located in Muscogee County.
YES ( )
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 the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secre tary of State to ascertain the result and certify the result to the Gov ernor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Anderson Bagby Barber Barfield Bean Bedgood Berry Black Blair Brackin Brantley Brinkley Brown, B. D. Brown, M. P. Busbee Byrd Carley Carnes Carr
Chandler Clarke, H. G. Colwell Conger Cook Cox Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dollar Dorminy Doster Drew Dunean Egan Etheridge Evensen Fleming
Floyd Fulford Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harris, J. R. Harris, R. W. Hawkins Herndon Higginbotham Hood Howard Howell Hull Hutchinson Irvin
JOURNAL OP THE HOUSE,
Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lovell Lowrey Malone Marshall Matthews, C. Mauldin Melton Merritt Minge Mitchell Mixon Moore, Don C.
Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Overby Palmer Paris Parker Peterson Powers Rainey Reaves Reid Rowland Rush Savage Sherman Shields Sims Simkins Smith, J. R. Smith, V. T. Snellings Snow
Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Thompson, A. W. Thompson, R. Town send Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Voting in the negative was Mr. Blalock.
Those not voting were Messrs.:
Alien Bennett Bowen Brown, C. Bryant Caldwell Gates Clark, J. T. Collins, J. F. Collins, M. Conner Crowe Dixon
Elliott
Farrar
Funk
Gary
Harrington
Harris, J. F. Harrison Henderson Hill Holder Houston Jordan, W. H. Knight Land Lane Longino Lovett Maddox
Matthews, D. R.
McClatchey
McCracken
McDaniell
Oglesby
Pafford Parrish Phillips Pickard Richardson Roach Ross Russell Smith, A. B. Smith, G. L. II Smith, W. L. Spillers Sweat
Taylor
Thomas
Ware
Watkins
Mr. Speaker
THURSDAY, FEBRUARY 3, 1966
849
On the adoption of the Resolution, the ayes were 149, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 191-407. By Messrs. Pickard and Brinkley of the 112th, Thompson and Shields of the lllth and Thompson and Berry of the 110th:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia, so as to provide that in lieu of the Commissioners of Roads and Revenues of Muscogee County and the City Commission of the City of Columbus, a single Commission with authority to administer the affairs of the City of Columbus and the affairs of the County of Muscogee, but not elimi nating the entity of either the City of Columbus or the County of Muscogee; by providing that such single Commission shall be elected by the electorate of the entire County; by providing that the General Assembly of Georgia may authorize the creation of such Commission by Legislative Act which shall only be effective when approved by a majority vote of Commissioners of Roads and Revenues of Muscogee County and a majority vote of the City Commission of the City of Columbus; by providing for the repeal of conflicting laws; to provide for the submission of the proposed amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article XI, Section I, Paragraph VI of the Constitution of the State of Georgia, as the same has heretofore been amended is hereby further amended by adding at the end of said Paragraph, as amended, a new Paragraph to read as follows:
"In lieu of the Commissioners of Roads and Revenues of Mus cogee County and the City Commission of the City of Columbus, there is hereby authorized for the City of Columbus and the County of Muscogee, the creation of a single Commission with authority to administer the affairs of the City of Columbus and the affairs of the County of Muscogee, but not eliminating the entity of the City of Columbus or the County of Muscogee. Such single Commis sion shall be elected by the electorate of the entire County, and the General Assembly of Georgia may provide for the creation of such single Commission by Legislative Act which shall only be effective when approved by a majority vote of the Commissioners of Roads and Revenues of Muscogee County and a majority vote of the City Commission of the City of Columbus."
850
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 authorize the General Assembly to consolidate the governing
NO ( ) bodies of the County of Muscogee and the City of Columbus, Georgia into a single governing body for both Muscogee County and Columbus, Georgia?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assmbly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Bagby Barber Barfield Bean Bedgood Berry
Black Blair Brackin Brantley Brinkley Brown, B. D. Brown, M. P. Busbee Byrd Carley
Carnes Carr Chandler Clarke, H. G. Colwell Conger Cook Cox Dailey Daugherty
THURSDAY, FEBRUARY 3, 1966
851
Davis Dean DeLong Dickinson Dillon Dollar Dorminy Doster Drew Duncan Egan Etheridge Evensen Fleming Floyd Fulford Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harris, J. R. Harris, R. W. Hawkins Herndon Higginbotham Hood Howard Howell Hull Hutchinson Irvin Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, G. Paul
Jones, M. Jordan, Ben C. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lovell Lowrey Malone Marshall Matthews, C. Mauldin Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odoni Otwell Overby Palmer Paris Parker Peterson Powers Rainey Reaves
Reid Rowland Rush Savage Sherman Shields Sims Simkins Smith, J. R. Smith, V. T. Snellings Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Thompson, A. W. Thompson, R. Townsend Tucker
Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Bennett Blalock Bowen Brown, C. Bryant Caldwell Gates Clark, J. T. Collins, J. F. Collins, M.
Conner Crowe Dixon Elliott Farrar Funk Gary Harrington Harris, J. F. Harrison Henderson
Hill Holder Houston Jordan, W. H. Knight Land Lane Longino Lovett Maddox Matthews, D. R.
852
McClatchey McCracken McDaniell Oglesby Pafford Parrish Phillips Pickard
JOURNAL OF THE HOUSE,
Richardson Roach Ross Russell Smith, A. B. Smith, G. L. II Smith, W. L. Spillers
Sweat Taylor Thomas Ware Watkins Mr. Speaker
On the adoption of the Resolution, the ayes were 149, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Mr. Jones of the 112th stated that he wished to be recorded as voting "nay'! on HR 191-407.
HR 194-418. By Mr. Thomas of the 77th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Wayne County to levy a tax not to exceed one mill for industrial development purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of Wayne County is hereby authorized to levy a tax, in addition to any other tax authorized to be levied, not to exceed one mill on all the taxable property in said county for industrial purposes. The proceeds or any part thereof of such tax may be turned over to the Wayne County Industrial Develop ment Authority for use by said authority as provided by laws re lative thereto. Such tax funds may also be used in connection with industrial parks. Such funds may be used in any manner for as sisting, promoting, and encouraging the location of industries in Wayne County and to assist and promote in any manner the indus trial development of Wayne County."
SECTION 2
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 3, 1966
853
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 governing authority of Wayne County to levy a
NO ( ) tax not to exceed one mill for industrial development purposes?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The 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 order-ed and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Bagby Barber Barfield Bean Bedgood Berry Black Blair Brackin Brantley Brinkley Brown, B. D. Brown, M. P.
Busbee Byrd Carley Carnes Carr Chandler Clarke, H. G. Colwell Conger Cook Cox Dailey Daugherty Davis Dean DeLong Dickinson
Dillon Dollar Dorminy Doster Drew Duncan Egan Etheridge Evensen Fleming Floyd Fulford Gaissert Gaynor Gignilliat Grahl Grier
854
JOURNAL OF THE HOUSE,
Hadaway Hale Hamilton Harrell Harris, J. R. Harris, R. W. Hawkins Herndon Higginbotham Hood Howard Howell Hull Hutchinson Irvin Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Lambert Lambros Lea, P. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lovell Lowrey
Malone Marshall Matthews, C. Mauldin Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Overby Palmer Paris Parker Peterson Powers Rainey Reaves Reid Rowland Rush Savage Sherman Shields Sims
Simkins Smith, J. R. Smith, V. T. Snellings Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Bennett Blalock Bowen Brown, C. Bryant Caldwell Gates Clark, J. T. Collins, J. F. Collins, M. Conner Crowe Dixon Elliott Farrar Funk Gary Harrington
Harris, J. F. Harrison Henderson Hill Holder Houston Jordan Knight Land Lane Longino Lovett Maddox Matthews, D. R. McClatchey McCracken McDaniell Oglesby
Pafford Parrish Phillips Pickard Richardson Roach Ross Russell Smith, A. B. Smith, G. L. II Smith, W. L. Spillers Sweat Taylor Thomas Ware Watkins Mr. Speaker
THURSDAY, FEBRUARY 3, 1966
855
On the adoption of the Resolution, the ayes were 149, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 195-421. By Mr. Marshall of the 39th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Hancock County Development Authority; to provide for powers, author ity, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Hancock County in the State of Georgia to be known as the Han cock County Development Authority, which shall be an instru mentality of Hancock County and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.
"B. The Authority shall consist of five (5) members who shall be appointed as hereinafter provided. The governing authority of Hancock County shall appoint three members to the Authority for initial terms of office of 1, 2 and 3 years, respectively. The governing authority of the City of Sparta shall appoint two mem bers to the Authority for initial terms of office of 4 and 5 years, respectively. Thereafter, successors to the initial members of the Authority shall be appointed by the respective governing authority which made the initial appointment for a term of 5 years and until their successors are duly appointed and qualified. Vacancies in the membership of the Authority shall be filled in the same manner as appointments to the Authority are made. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. Membership on the governing authority of any of the appointing authorities shall not prohibit any such mem ber from being appointed to the Authority. Membership on the Authority will not disqualify any person to hold any public office. In the event that the City of Sparta and Hancock County are ever combined or consolidated into one governmental unit, then the governing authority of such combined governmental unit shall appoint the members of the Authority as herein provided.
856
JOURNAL OF THE HOUSE,
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Hancock County. The exemption 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.
"D. The powers of the Authority shall include but shall not be limited to, the power:
"(1) To buy, acquire, accept and give options upon, develop, improve, own, operate, maintain, sell, lease, as lessor or lessee, and mortgage land, buildings, and real and personal property of all kinds within Hancock 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 proposing to operate any industrial plant or establish ment within Hancock 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 privi leges 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), 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 Hancock County and other political subdivisions of the State of Georgia and with private persons and corporations and to sue and to be sued in its corporate name;
"(7) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire 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;
THURSDAY, FEBRUARY 3, 1966
857
"(8) To encourage and promote the expansion and development of industrial, agricultural, recreational and trade facilities in Han cock County, and to make long-range 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 structure within the limits of Hancock 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, reconstruction, 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 ex pansions 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 governing authority of Hancock 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 in vested ;
"(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 con venient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against Hancock County, any municipality located therein, nor the State of Georgia;
"F. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia; and the officers, agents and employees of the Authority when in performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual 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 governing authorities of Hancock County and the City of Sparta, but such compensation shall be paid from the funds of the Authority;
858
JOURNAL OF THE HOUSE,
"H. The governing authority of Hancock County is hereby authorized 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 Hancock 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. Hancock County and the City of Sparta are authorized to appropriate to the Authority such amount from their funds each year as each respective governing authority shall determine to be appropriate, but not exceeding twenty per cent of their total receipts from business licenses for the year, and any funds so appropriated when paid to the Authority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter 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 in come may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.
"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Hancock County and its citizens, industry, agriculture, trade, commerce and recrea tion within Hancock County, and making of long-range plans for such development and expansion and to authorize the use of public funds of Hancock County for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accompishment 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 Hancock County, and the scope of its operations shall be limited to the territory embraced within Hancock County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Hancock County;
"M. 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 Hancock County, the City of Sparta, 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
THURSDAY, FEBRUARY 3, 1966
859
by the Authority at the time of such dissolution shall revert to Hancock County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time;
"O. 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 ex pansion of existing industry, trade or commerce in Hancock County, or any combination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; and/or the construction, installation and/or expansion of one or more buildings, plants, and/or articles of equipment for the purpose of using, selling, donating, leasing and/or renting such land, properties, improvements, structures or equip ment to public or private persons, firms, corporations and/or associations for such purposes.
"(2) The term 'cost of project' shall embrace: The cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and services ac quired and/or contracted for; the cost of financing charges and/or interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal and/or legal expanses; cost of plans and/or specifications; and/or any other expenses necessary or incident to construction and/or improvements, and/or to determin ing the feasibility and/or practicability of the project, administra tive 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 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:
860
JOURNAL OF THE HOUSE,
"YES ( ) Shall the Constitution be amended so as to create the NO ( ) Hancock County Development Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Anderson Bagby Barber Barfield Bean Bedgood Berry Black Blair Brackin Brantley Brinkley Brown, B. D. Brown, M. P. Busbee Byrd Carley Carnes Carr Chandler Clarke, H. G. Colwell Conger Cook Cox
Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dollar Dorminy Doster Drew Duncan Egan Etheridge Evensen Fleming Floyd Fulford Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harris, J. R.
Harris, R. W. Hawkins Herndon Higginbotham Hood Howard Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Lovell Lowrey
THURSDAY, FEBRUARY 3, 1966
861
M alone Marshall Matthews, C. Mauldin Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Overby Palmer Paris, J. W. Parker
Peter son Powers Rainey Reaves Reid Rowland Rush Savage Sherman Shields Sims Simkins Smith, J. R. Smith, V. T. Snellings Snow Spikes Stain aker Starnes Steis Stewart Story
Stovall Sullivan Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Bennett Blalock Bo wen Brown, C. Bryant Caldwell Gates Clark, J. T. Collins, J. F. Collins, M. Conner Crowe
Dixon
Elliott
Farrar
Funk
Gary
Harrington
Harris, J. F. Harrison Henderson Hill Holder Houston Jordan, W. H. Knight Land Lane Longino Lovett Maddox
Matthews, D. R.
McClatchey
McCracken
McDaniell
Oglesby
Pafford
Parrish Phillips Pickard Richardson Roach Ross Russell Smith, A. B. Smith, G. L. II Smith, W. L. Spillers Sweat Taylor
Thomas
Ware
Watkins
Mr. Speaker
On the adoption of the Resolution, the ayes were 149, nays 1.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
862
JOURNAL OF THE HOUSE,
HR 200-423. By Messrs. Harris, Farrar, Walling and Levitas of the 118th, Palmer, Malone, Carley and Vaughn of the 117th, and Westlake, Evensen, Bean and Higginbotham of the 119th:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to authorize the Board of Commissioners of Roads and Revenues of DeKalb County, Georgia, to provide systems of garbage disposal; to provide for the division of said county into such territorial sanitation districts as said board shall deem advisable; to provide for service charges against residents and businesses served by such garbage disposal facilities; to provide for the compliance with rules and regulations adopted by said Board by all businesses and residents in said districts; to provide for the issuance of executions for said services; to provide for the submission of this amendment for ratification or rejection at the next general election; and for other purposes.
SECTION 1
Be it resolved by the General Assembly of the State of Georgia that Article VII, Section IV, Paragraph I, of the Constitution of the State of Georgia of 1945 be, and the same is hereby amended by adding a new paragraph thereto, which shall read as follows:
"The Board of Commissioners of Roads and Revenues of De Kalb County, Georgia, as the governing authority of said county, in addition to all powers heretofore conferred upon it, is hereby authorized and empowered to provide systems of garbage disposal in said county. For the carrying out of such purpose, said board of commissioners shall be authorized to establish sanitation districts in such territorial areas of the county as it deems advisable and to levy assessments or make service charges against all businesses, residents and property served by said garbage disposal facilities as said Board shall deem necessary for the services rendered in said sanitation districts. Said board of commissioners shall have the power and authority to require and compel all businesses located therein and all persons residing in said area to comply with all rules and regulations adopted by said board for garbage disposal facilities. The assessments or service charges levied to pay the cost of such garbage disposal systems may be enforced by the issuance of fi. fas. or executions for said charges in the same manner and with the same lien dignity and priority as fi. fas. or executions are issued for county taxes and shall be collected by the tax commissioner of said county in the same manner as taxes are collected."
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
THURSDAY, FEBRUARY 3, 1966
863
XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945 as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the establishment of sanitary districts and service charges for garbage disposal facilities within DeKalb County."
"Against ratification of amendment to the Constitution so as to provide for the establishment of sanitary districts and service charges for garbage disposal facilities within DeKalb County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Para graph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Bagby Barber Barfield Bean Bedgood Berry Black Blair Brackin Brantley
Brinkley Brown, B. D. Brown, M. P. Busbee Byrd Carley Games Carr Chandler Clarke, H. G. Colwell Conger Cook Cox
Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dollar Dorminy Doster Drew Duncan Egan Etheridge
864
JOURNAL OF THE HOUSE,
Even sen Fleming Floyd Fulford Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harris, J. R. Harris, R. W. Hawkins Herndon Higginbotham Hood Howard Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Leonard Levitas Lewis Lovell Lowrey Malone Marshall Matthews, C. Mauldin Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Overby Palmer Paris Parker Peterson Powers Rainey Reaves Reid Rowland Rush Savage
Sherman Shields Sims Simkins Smith, J. R. Smith, V. T. Snellings Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Thompson, A. W. Thompson, R. fownsend Pucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Bennett Blalock Bowen Brown, C. Bryant Caldwell Gates Clark, J. T. Collins, J. F. Collins, M. Conner Crowe Dixon Elliott Farrar
Funk Gary Harrington Harris, J. F. Harrison Henderson Hill Holder Houston Jordan, W. H. Knight Land Lane Longino Lovett Maddox
Matthews, D. R. McClatchey McCracken McDaniell Oglesby Pafford Parrish Phillips Pickard Richardson Roach Ross Russell Smith, A. B. Smith, G. L. II Smith, W. L.
Spillers Sweat Taylor
THURSDAY, FEBRUARY 3, 1966
865
Thomas Ware Watkins
Mr. Speaker
On the adoption of the Resolution, the ayes were 149, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Mr. Blalcok of the 33rd stated that he had inadvertently voted "nay", but wished to be recorded as voting "aye" on each of the above local Constitutional Amendments numbers HR 188-405, HR 190-407, HR 191-407, HR 194-418, HR 195-421 and HR 200-423.
Mr. Brown of the 120th stated that he had been called from the House to confer with constituents when the roll was called on local Constitutional Amendments numbers HR 188-405, HR 190-407, HR 191-407, HR 194-418, HR 195-421 and HR 200-423, but had he been present, would have voted "aye".
By unanimous consent, the following Bill of the House was recommitted to the Committee on Judiciary for further study:
HB 363. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th, and Thompson and Shields of the lllth: A Bill to be entitled an Act to amend Code Section 23-1703, relating to the method of giving notice of the letting of county contracts for public buildings or other public works, as amended; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for considera tion and read the third time:
HB 369. By Mr. Lovell of the 6th: A Bill to be entitled an Act to amend an Act superseding and consolidat ing the laws relating to the State Game and Fish Commission, as amended, so as to authorize the State Game and Fish Commission to appoint deputy wildlife rangers of the State-at-large; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
866
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.
Adams Alexander
Barber Barfield Bean Bedgood Bennett
Berry Black Blalock Brackin
Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley Carnes Gates Chandler Clark, J. T. Collins, J. F. Collins, M. Conger Cook Cox Crowe Dailey
Davis Dickinson
Dillon Dollar Dorminy Doster Drew Duncan Etheridge Evensen Fulford Funk
Gaissert Gaynor
Gignilliat
Grier Hadaway Hamilton Harrell
Harris, J. F. Harris, J. R. Hawkins Henderson Herndon Higginbotham Holder Hood Howard Hutchinson Irvin Johnson, A. S. Dr.
Johnson, B. Jones, M. Jordan, W. H.
Kiley Knapp Lambert Lambros Land
Lewis Longino Lovell Lovett Lowrey Malone
Marshall Matthews, C. Mauldin McCracken Merritt Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D.
Newton, A. S. Newton, D. L.
Odom Oglesby Otwell Overby Palmer Paris Peterson
Phillips Pickard Powers Reaves Richardson
Ross Russell Savage Sherman Shields Sims Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow
Spikes Spillers Stalnaker Starnes Stovall Sullivan Taylor Thompson, R. Townsend
Tye Underwood Vaughan, D. N.
Vaughn, C. R. Walling Webb Westlake
Williams, G. J. Williams, W. M. Wilson, J. M.
Wilson, R. W. Wood
Those voting in the negative were Messrs.:
DeLong Dixon Floyd Gary
Lea, F. R. Lee, W. S. Nessmith, P. Reid
Sweat Tucker Wiggins
THURSDAY, FEBRUARY 3, 1966
867
Those not voting were Messrs.:
Abney Alien Anderson Bagby Blair Bowen Brantley Brown, M. P. Carr Clarke, H. G. Colwell Conner Daugherty Dean Egan Elliott Farrar Fleming Grahl Hale Harrington
Harris, R. W. Harrison Hill Houston Howell Hull Jones, C. M. Jones, G. Paul Jordan, Ben C. Knight Lane Lee, W. J. (Bill) Leonard Levitas Maddox Matthews, D. R. McClatchey McDaniell Melton Moore, J. H. Pafford
Parker Parrish Rainey Roach Rowland Rush Simkins Smith, A. B. Smith, J. R. Steis Stewart Story Thomas Thompson, A. W. Ware Watkins Watson Wells Mr. Speaker
On the passage of the Bill, the ayes were 132, nays 11. The Bill, having received the requisite constitutional majority, was passed.
HB 284. By Mr. Pickard of the 112th:
A Bill to be entitled an Act to amend an Act, relating to taxation on certain intangible property, as amended, so as to provide that no person shall be required to report such property and pay taxes thereon if the amount due is $5.00 or less; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien
Barber Barfield Bean Bedgood
Bennett Berry Black Blair
868
Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Carnes Carr Gates Chandler Clark, J. T. Collins, M. Conger Cook Cox Crowe Dailey Daugherty Davis DeLong Dickinson Dillon Dixon Dollar Doster Drew Duncan Egan Etheridge Evensen Farrar Floyd Fulford Funk Gaissert Gaynor Gignilliat Grier Hadaway Hale Hamilton Harrell
JOURNAL OF THE HOUSE,
Harris, J. R. Harrison Hawkins Herndon Higginbotham Holder Hood Howard Howell Hutchinson Johnson, A. S. Dr. Jones, M. Jordan, W. H. Kiley Knapp Lambert Lanibros Land Lea, F. R. Lee, W. S. Levitas Lewis Lovell Lovett Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Merritt Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Odom Otwell Overby Pafford Palmer Paris
Parker Peterson Phillips Pickard Powers Reaves Reid Richardson Ross Rowland Russell Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes
Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Wilson, R. W. Wood
Those not voting were Messrs.:
Anderson Bagby Bo wen Caldwell
Clarke, H. G. Collins, J. F. Colwell Conner
Dean Dorminy Elliott Fleming
THURSDAY, FEBRUARY 3, 1966
869
Gary Grahl Harrington Harris, J. F. Harris, R. W. Henderson Hill Houston Hull Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C.
Knight Lane Lee, W. J. (Bill) Leonard Longino Maddox Melton Moore, J. H. Nessmith, P. Newton, D. L. Oglesby Parrish Rainey Roach
Rush Smith, A. B. Smith, J. R. Steis Stewart Vaughan, D. N. Ware Watkins Williams, G. J. Williams, W. M. Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 208. By Messrs. Egan of the 141st, Tye of the 115th, Gaynor of the 114th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Title 92 (Public Revenue), as amended, so as to amend Code Section 92-3103 as to when fiduciaries and beneficiaries are taxable; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act To amend Title 92 (Public Revenue), Division I (Sources of Revenue), Part IX (Income Taxes), Chapters 92-31 (Imposition, Rate and Computation of Tax; Exemptions), 92-32 (Re turns and Furnishing of Information) of the 1933 Code of Georgia, as amended, so as to amend Code Section 92-3103 as to when fiduciaries and beneficiaries are taxable and when they are relieved from tax on income of estates or trusts; to require a schedule of distributed or distributable net income claimed as a deduction by fiduciaries in sup port of such deduction on returns of income by fiduciaries, such schedule to be in lieu of the returns required of fiduciaries by Code Section 92-3205; to allow on certain returns of fiduciaries the optional standard deduction allowed by subsection (1) of Code Section 92-3109 to individual taxpayers; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
That Section 92-3103 of the Code of Georgia, as amended, which relates to the imposition of the income tax on fiduciaries, be amended in
870
JOURNAL OF THE HOUSE,
order to make it clear that non-resident fiduciaries are subject to tax, that non-resident as well as resident beneficiaries are taxable on distributions of net income otherwise taxable in this State, that the unreturned income of decreased taxable non-residents as well as resi dents, and the entire taxable net income of non-resident insolvent or incompetent taxpayers, as well as resident, where the fiduciary has complete charge of such net income is taxable to the fiduciary, and that income from certain sources is not subject to tax by striking Section 92-3103 of the Georgia Code of 1933, as amended, in its entirety and by substituting therefor a new Code Section 92-3103 to read as follows:
"92-3103. Fiduciaries. The tax imposed by this law shall be imposed upon resident fiduciaries and upon non-resident fiduciaries receiving income from business done in this State, or having in charge funds or property located in this State, or having in charge funds or property for the benefit of a resident of this State, and at the rates provided for individuals, which tax shall be levied, collected, and paid annually with respect to:
"(a) That part of the net income of estates or trusts which has not become distributable during the taxable year. It is the purpose of this section to tax to fiduciaries or the beneficiaries all income otherwise taxable under this law. Income received by a resident fiduciary from business done outside this State or from property held outside this State or income received from intangible property, other than from the licensing for use of such property, held by a fiduciary (including gains from the sale or exchange of such property), which income is accumulated for or is distributed or becomes distributable during the taxable year to a non-resident of this State, shall not be subject to the tax imposed by this law, and no return of such income shall be required.
"(b) The taxable net income received during the taxable year by deceased individuals who, at the time of death, were taxpayers and who have died during the taxable year or subsequent thereto without having made a return.
"(c) The entire taxable net income of insolvent or incompetent persons whether or not any portion thereof is held for the future use of the beneficiaries, where the fiduciary has complete charge of such net income.
"Except as provided in Code Section 92-3203 (b), the net in come of the estate or trust shall be computed in the same manner and on the same basis as in the case of an individual.
"If the taxable year of a beneficiary is different from that of the estate or trust, the amount which he is required to include in computing his net income shall be based upon the income of the estate or trust for any taxable year for the estate or trust ending within his taxable year.
"The tax imposed upon a fiduciary shall be a charge against the estate or trust."
THURSDAY, FEBRUARY 3, 1966
871
SECTION 2
That subsection (b) of Section 92-3203 of the Code of Georgia of 1933, as amended, which relates to the returns of fiduciaries, be amended so as to allow on certain returns of fiduciaries the optional standard deduction allowed by Code Section 92-3109 to individuals, by adding at the end of said subsection the following:
"and except that the optional standard deduction as provided in subsection (1) of Code Section 92-3109 shall be allowed only with respect to income reported under subsections (b) and (c) of Code Section 92-3103.",
so that subsection (b) of Code Section 92-3203, as so amended, shall read:
"(b) Fiduciaries required to make returns under this law shall be subject to all the provisions of this law which apply to individuals, except as to the exemptions contained in this law, and except that the optional standard deduction as provided in subsection (1) of Code Section 92-3109 shall be allowed only with respect to income reported under subsections (b) and (c) of Code Section 92-3103."
SECTION 3
That Section 92-3203 of the Code of Georgia of 1933, as amended, which relates to the returns of fiduciaries, be amended so as to require a schedule of distributed or distributable income claimed as a deduction by a fiduciary on returns of income required by Section 92-3103 of the Georgia Code of 1933, as amended, by adding a new paragraph, to be designated paragraph (c) of said Section 92-3203, which shall read as follows:
"(c) Deductions claimed for net income distributed or distribut able during the taxable year in accordance with the provisions of Section 92-3103 shall be itemized, showing amount and name and address of beneficiary, and such itemized schedule shall be in lieu of the returns of such distributed or distributable net income re quired of fiduciaries by Section 92-3205."
SECTION .4
Should any provisions of this Act or the application thereof to any person or circumstance be held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 5
The provisions of this Act shall become effective for all taxable periods ending on or after January 1, 1966.
872
JOURNAL OP THE HOUSE,
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Anderson Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Carley Carnes Cates Chandler Clarke, H. G. Collins, J. P. Collins, M. Conger Cook Cox Crowe Dailey Daugherty Davis DeLong Dickinson Dillon
Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Farrar Pulford Punk Gaissert Gary Gaynor Gignilliat Grier Hamilton Harrell Harrington Haris, J. R. Harrison Hawkins Herndon Higginbotham Holder Hood Howell Hutchinson Jones, M. Jordan, W. H. Kiley Knapp Lambert Lambros Land Lea, P. R. Lee, W. J. (Bill) Lovell
Lovett Lowrey Maddox Malone Matthews, C. Mauldin McClatchey McCracken McDaniell Minge Mixon Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford Palmer Paris, J. W. Parker Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Ross Rush Russell Savage Sherman Shields Sims
THURSDAY, FEBRUARY 3, 1966
873
Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Steis Stewart Story
Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood
Vaughn, C. R. Walling Watkins Watson Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs. Lewis and Don C. Moore.
Those not voting were Messrs.:
Bagby Bowen Brantley Busbee Caldwell Carr Clark, J. T. Colwell Conner Dean Etheridge Evensen Fleming Floyd
Grahl Hadaway Hale Harris, J. F.
Harris, R. W. Henderson Hill Houston Howard Hull Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Knight Lane
Lee, W. S. Leonard Levitas Longino
Marshall Matthews, D. R. Melton Merritt Mitchell Moore, J. H. Nessmith, P. Oglesby Parrish Rowland Simkins Smith, A. B. Smith, J. R. Vaughan, D. N.
Ware Westlake Wilson, J. M. Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 148, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 252. By Messrs. Rowland of the 48th, Fulford of the 67th, Daily of the 66th and Overby of the 16th:
A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act", as amended, so as to change the salary of each member of the State Board of Probation; and for other purposes.
874
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Bagby Barber Barfield Bedgood Bennett Black Blair Blalock Brinkley Brown, C. Brown, M. P. Busbee Byrd Caldwell Carley Carr Gates Clarke, H. G. Clark, J. T. Collins, M. Conger Cox Crowe Dailey Daugherty Dean DeLong Dillon Dollar Doster Drew Elliott Farrar Fulford
Gaissert Grier Hadaway Harrell Harrison Herndon Holder Houston Howard Hutchinson Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Lambert Lambros Land Lane Lea, F. R. Lee, W. S. Leonard Lewis Lovett Marshall Matthews, C. McClatchey McCracken Minge Mitchell Mixon Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell
Overby Paris Parker Peterson Phillips Powers Rainey Reaves Richardson Roach Rowland Rush Russell Savage Sherman Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snow Spillers Stalnaker Starnes Steis Sullivan Tucker Tye Underwood Vaughn, C. R. Walling Watson Wells Westlake Wiggins Williams, G. J. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Alien Berry Carnes
Dixon Duncan Funk
Gary Gignilliatt Hamilton
THURSDAY, FEBRUARY 3, 1966
875
Knapp Lee, W. J. (Bill) M alone Pafford
Palmer Reid Snellings Stewart
Sweat Webb
Those not voting were Messrs.:
Bean Bowen Brackin Brantley Brown, B. D. Bryant Chandler Collins, J. P. Colwell Conner Cook Davis Dickinson Dorminy Egan Etheridge Evensen Fleming Floyd Gaynor Grahl Hale Harrington Harris, J. F.
Harris, J. R. Harris, R. W. Hawkins Henderson Higginbotham Hill Hood Howell Hull Irvin Johnson, B. Jordan, Ben C. Knight Levitas Longino Lovell Lowrey Maddox Matthews, D. R. Mauldin McDaniell Melton Merritt Moore, Don C.
Moore, J. H. Nessmith, P. Newton, D. L. Parrish Pickard Ross Shields Sims Simkins Smith, A. B. Spikes Story Stovall Taylor Thomas Thompson, A. W. Thompson, R. Town send Vaughan, D. N. Ware Watkins Williams, W. M. Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 113, nays 19.
The Bill, having received the requisite constitutional majority, was passed.
Mrs. Hamilton of the 137th stated that she wished to be recorded as voting "aye" on HB 252.
HB 325. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th and others: A Bill to be entitled an Act to amend an Act entitled "An Act to be known as the "Georgia Food Act' "; to regulate the manufacture, sale, delivery and holding or offering for sale of food; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
876
JOURNAL OF THE HOUSE,
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Barber Barfield Bean Bedgood Bennett Berry Black Blair Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Carley Carnes Carr Chandler Clarke, H. G. Clark, J. T. Collins, M. Colwell Conger Cook Cox Crowe Dailey Daugherty DeLong Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge Evensen Fulford Funk Gaissert Gaynor
Gignilliat Grier Hadaway Hamilton Harrington Harris, J. R. Harrison Herndon Hill Holder Hood Houston Howell Hutchinson Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Lovett Lowrey Maddox Malone
Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P.
Newton, A. S. Newton, D. L. Odom Oglesby
Otwell Overby Pafford Palmer Paris Parker Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Ross Rowland Rush Russell Savage Sherman Shields Sims Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spillers Stain aker Starnes Steis Stewart Story Stovall Sullivan
Sweat Thomas Thompson, A. W.
Thompson, R. Townsend Tucker Underwood Walling Watson Webb Westlake
Wiggins Williams, G. J. Wilson, R. W. Wood
THURSDAY, FEBRUARY 3, 1966
877
Voting in the negative was Mr. Howard.
Those not voting were Messrs.:
Bagby Blalock Bowen Busbee Caldwell Gates Collins, J. F. Conner Davis Dean Dickinson Farrar Fleming Floyd Gary Grahl Hale
Harrell Harris, J. F. Harris, R. W. Hawkins Henderson Higginbotham Hull Irvin Johnson, B. Jones, C. M. Jordan, Ben C. Knight Leonard Levitas Longino Lovell Mitchell
Murphy Parrish Simkins Smith, A. B. Smith, G. L. II Spikes Taylor Tye Vaughan, D. N. Vaughn, C. R. Ware Watkins Wells Williams, W. M. Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 153, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 323. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend Code Section Chapter 36-11, re lating to the condemnation of property by those authorities who possess the power of eminent domain, so as to define the phrase "just and adequate compensation''; and for other purposes.
Mr. Murphy of the 26th moved that HB 323 and all amendments thereto be placed 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 Bagby Barber Barfield
Bean Bennett Berry Black Bowen
Brackin Brown, B. D. Brown, M. P. Gates Chandler
878
JOURNAL OF THE HOUSE,
Clarke, H. G. Clark, J. T. Collins, J. F. Crowe DeLong Dickinson Dorminy Evensen Fleming Floyd Fulford Gaissert Hadaway Harrington Hawkins Herndon Higginbotham Johnson, Dr. A. S.
Jones, C. M. Lambert Land Leonard Marshall Matthews, D. R. Melton Mitchell Mixon Murphy Newton, D. L. Oglesby Overby Paris Parrish Rainey Savage Shields
Simkins Smith, G. L. II Snellings Spillers Stewart Story Sullivan Sweat Tucker Vaughan, D. N. Watkins Watson Webb Westlake Williams, G. J. Wilson, J. M. Wood
Those voting in the negative were Messrs.:
Abney Adams Alexander Blair Blalock Brantley Brinkley Brown, C. Bryant Busbee Carley Carnes Carr Collins, M. Colwell Conger Cook Dailey Daugherty Dean Dillon Dollar Doster Drew Duncan Egan Elliott Etheridge Farrar Gary Gaynor Gignilliat Grier Hale Hamilton
Harrell Harris, J. R. Harris, R. W. Harrison Hill Hood Houston Howard Howell Hutchinson Irvin Johnson, B. Jones, M. Jordan, W. H. Kiley Knapp Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis
Longino Lovett Maddox Malone Matthews, C. Mauldin McClatchey McCracken Merritt Minge Moore, J. H. Nessmith, P. Newton, A. S.
Odom Otwell Pafford Palmer Parker Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rush Russell Sherman Sims Smith, V. T. Smith, W. L. Snow Spikes Starnes Steis Thompson, A. W. Thompson, R. Townsend
Tye Underwood Vaughn, C. R. Walling Ware Wiggins Williams, W. M. Wilson, R. W.
THURSDAY, FEBRUARY 3, 1966
879
Those not voting were Messrs.:
Bedgood Byrd Caldwell Conner Cox Davis Dixon Funk Grahl Harris, J. F. Henderson
Holder Hull Jones, G. Paul Jordan, Ben C. Knight Lane Lovell Lowrey McDaniell Moore, Don C. NeSmith, J. D.
Pickard Rowland Smith, A. B. Smith, J. R. Stalnaker
Stovall Taylor Thomas Wells Mr. Speaker
On the motion to table HB 323, the ayes were 68, nays 104.
The motion was lost.
The following amendment was read and adopted: Mr. Busbee of the 79th moves to amend HB 323 as follows: By striking in its entirety Section 4 and by renumbering Section
5 as Section 4.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Berry Blair Blalock Brackin Brantley Brinkley Brown, C. Busbee Byrd Carley
Carnes Carr Clark, J. T. Collins, M. Colwell Conger Conner Cook Crowe Daugherty Dean Dillon Dixon
Dollar Doster Drew Duncan Egan Etheridge Farrar Funk Gary Gaynor Gignilliat Grier Hale
880
Hamilton Harrell Harris, J. R. Harrison Houston Hutchinson Irvin Johnson, Dr. A. S. Jones, M. Jordan, W. H. Kiley Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovett Maddox Malone Matthews, C.
JOURNAL OF THE HOUSE,
Mauldin McClatchey Merritt Moore, J. H. Newton,A. S. Odom Otwell Pafford Palmer Parker Parrish Peter son Phillips Powers Reaves Reid Richardson Roach Ross Rowland Rush Russell
Sims Smith, V. T. Smith, W. L. Snow Spikes Spillers Starnes Steis Stovall Sweat Thompson, A. W. Thompson, R. Townsend Tye Underwood Vaughan, C. R. Walling Ware Watkins Wiggins Williams, W. M. Wood
Those voting in the negative were Messrs.:
Alien Anderson Bagby Barber Barfield Bean Bennett Bowen Brown, M. P. Bryant
Gates Chandler Clarke, H. G. Collins, J. F. DeLong Dickinson Dorminy Elliott Evensen Fleming Floyd Gaissert Hadaway
Harrington Harris, R. W. Hawkins Herndon Higginbotham Hill Hood Howard Howell Johnson, B. Knapp Lambert Land Lane Leonard Marshall Matthews, D. R. McCracken Melton Minge Mitchell Mixon Murphy
NeSmith, J. D. Nessmith, P. Newton, D. L. Oglesby Overby Paris Rainey Savage Sherman Simkins Smith, G. L. II Snellings Stewart Story Sullivan Tucker Vaughan, D. N. Watson Webb Westlake Williams, G. J. Wilson, J. M. Wilson, R. W.
Those not voting were Messrs.:
Bedgood Black Brown, B. D.
Caldwell Cox Dailey
Davis Fulford Grahl
THURSDAY, FEBRUARY 3, 1966
881
Harris, J. F. Henderson Holder Hull Jones, C. M. Jones, G. Paul Jordan, Ben C.
Knight Lovell Lowrey McDaniell Moore, Don C. Pickard Shields
Smith, A. B. Smith, J. R. Stalnaker Taylor Thomas Wells Mr. Speaker
On the passage of the Bill, as amended, the ayes were 105, nays 69.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Speaker announced the House recessed until 2:00 o'clock this afternoon.
AFTERNOON SESSION
The House was called to order by the Speaker.
Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 226. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Section 56-1022, relating to eligible investments of domestic insurers, as amended, so as to provide that mortgage loans on single family dwellings may not exceed eighty percent of the value of the real property or leasehold securing 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Barber
Bean Berry Black Blair Brinkley
Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd
882
Caldwell Games Carr Gates Chandler Clarke, H. G. Collins, J. F. Conger Cox Dailey Daugherty Dean DeLong Dickinson Dillon Dixon Dollar Drew Duncan Etheridge Evensen Funk Gaissert Gary Gaynor Gignilliat Grier Hale Harrell Harris, J. F. Harris, J. R. Hawkins
JOURNAL OF THE HOUSE,
Henderson Hood Houston Hutchinson Irvin Jordan, W. H. Kiley Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lewis Lowrey Malone Mauldin McClatchey McCracken McDaniell Merritt Minge Mitchell Mixon Newton, A. S. Oglesby Otwell Overby Pafford Paris Parker Peterson Phillips Rainey
Richardson Roach Rush Sherman Shields Sims Smith, G. L. II Smith, W. L. Snow Spikes Stalnaker Starnes Steis Story Stovall Sullivan Taylor Thomas Thompson, A. W. Thompson, R. Town send Underwood Vaughan, D. N. Vaughn, C. R. Ware Webb Westlake Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Brackin Colwell
Johnson, Dr. A. S. Jones, M.
Ross
Those not voting were Messrs.:
Alien Bagby Barfield Bedgood Bennett
Blalock Bo wen Brantley Busbee Carley Clark, J. T. Collins, M. Conner
Cook Crowe Davis Dorminy Doster Egan Elliott Farrar Fleming Floyd Fulford Grahl Had away
Hamilton Harrington Harris, R. W. Harrison Herndon Higginbotham Hill Holder Howard Howell Hull Johnson, B. Jones, C. M.
THURSDAY, FEBRUARY 3, 1966
883
Jones, G. Paul Jordan, Ben C. Knapp Knight Lambert Land Lee, W. S. Leonard Levitas Longino Lovell Lovett Maddox Marshall Matthews, S. C. Matthews, D. R.
Melton
Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Palmer Parrish Pickard Powers Reaves Reid Rowland Russell Savage
Simkins
Smith, A. B. Smith, J. R. Smith, V. T. Snellings Spillers Stewart Sweat Tucker Tye Walling Watkins Watson Wells Wiggins Williams, G. J. Mr. Speaker
On the passage of the Bill, the ayes were 110, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
HB 166. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act known as the Georgia Insurance Code, as amended, so as to provide authority for the establish ment of separate investment accounts 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Barber Bean Bedgood
Berry Black Blair Blalock Brown, B. D. Brown, C. Brown, M. P. Bryant
Byrd Carnes Carr Gates Chandler Clarke, H. G. Collins, J. F. Collins, M.
884
JOURNAL OF THE HOUSE,
Cox Dailey Daugherty DeLong Dickinson Dillon Dixon Doster Drew Duncan Etheridge Evensen Floyd Funk Gaissert Gaynor Gignilliat Grier Hadaway Hale Harrell Harrington Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Hill Hood Houston Howell Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul
Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Lowrey Maddox Malone Matthews, C. Matthews, D. R. McClatchey McCracken Merritt Minge Mitchell Mixon Murphy Newton, A. S. Odom Oglesby Otwell Overby Pafford Paris Peterson Phillips Powers
Reid Richardson Roach Rush Sherman Shields Sims Simkins Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tye Underwood Vaughn, C. R. Ware Webb Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs. :
Bagby Barfield Bennett Bowen Brackin Brantley Brinkley Busbee Caldwell Carley Clark, J. T. Colwell Conger Conner Cook Crowe Davis
Dean Dollar Dorminy Egan Elliott Farrar Fleming Fulford Gary Grahl Hamilton Harris, J. F. Henderson Higginbotham Holder Howard Hull
Johnson, B. Jones, C. M. Knight Leonard Levitas Longino Lovell Lovett Marshall Mauldin McDaniell Melton Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, D. L.
Palmer Parker Parrish Pickard Rainey Reaves Ross Rowland
THURSDAY, FEBRUARY 3, 1966
885
Russell Savage Smith, A. B. Smith, G. L. II Smith, V. T. Stewart Townsend Tucker
Vaughan, D. N. Walling Watkins Watson Wells Williams, G. J. Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 129, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 134. By Messrs. Lane and Nessmith of the 64th, Newton of the 50th, Parker of the 55th and Webb of the 65th:
A Bill to be entitled an Act to amend an Act relating to the creation of the office of solicitor-general emeritus, as amended, so as to make certain provisions thereof; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Bagby Barber Barfield Bean Bedgood Berry Blalock Bowen Brinkley Bryant Byrd Carr Clark, J. T. Colwell Cox
Daugherty Dean DeLong Dickinson Dixon Doster Drew Duncan Elliott Evensen Fleming Floyd Gaissert Gaynor Gignilliat Hadaway Harrell Harris, J. R. Harrison
Hawkins Henderson Herndon Holder Hood Howell Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Kiley Knapp Land Lane Lee, W. S. Lewis Malone Marshall Matthews, C.
886
Mauldin McCracken Melton Minge Mixon Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Overby Pafford Paris Parker Peterson Phillips Powers
JOURNAL OF THE HOUSE,
Reaves Reid Richardson Roach Ross Rowland Rush Sherman Shields Sims Smith, W. L. Spikes Spillers Stalnaker Starnes Steis Stewart
Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tye Underwood Watson Webb Westlake Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Black Brackin Brown, C. Games Clarke, H. G. Dillon Egan Gary Grier
Harris, J. F. Hill Jones, M. Jordan, Ben C. Lee, W. J. (Bill) Matthews, D. R. Moore, J. H. Newton, D. L. Oglesby
Palmer Pickard Simkins Smith, J. R. Town send Tucker Vaughan, D. N. Williams, W. M.
Those not voting were Messrs.:
Alien Bennett Blair Brantley Brown, B. D. Brown, M. P. Busbee Caldwell Carley Gates Chandler Collins, J. F. Collins, M. Conger Conner Cook Crowe Dailey Davis Dollar Dorminy Etheridge Farrar Fulford
Funk Grahl Hale Hamilton Harrington Harris, R. W. Higginbotham
Houston Howard Hull Johnson, B. Jones, C. M. Jordan, W. H. Knight Lambert Lambros Lea, F. R. Leonard Levitas Longino Lovell Lovett Lowrey Maddox
McClatchey McDaniell Merritt Mitchell Moore, Don C. Otwell Parrish Rainey Russell Savage Smith, A. B. Smith, G. L. II Smith, V. T. Snellings Snow Vaughn, C. R. Walling Ware Watkins Wells Wiggins Williams, G. J. Mr. Speaker
THURSDAY, FEBRUARY 3, 1966
887
On the passage of the Bill, the ayes were 107, nays 26.
The Bill, having reecived the requisite constitutional majority was passed.
HB 105. By Mrs. Hamilton of the 137th: Messrs. Gates of the 123rd and Adams of the 125th:
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 and of the Federal-aid highway systems, relocation expenses under certain conditions; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to authorize the State Highway Department of Georgia to pay moving expenses for eligible persons or organizations displaced from their places of residence or business as a result of Fed eral-aid Highway Projects; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Any provisions of the law to the contrary notwith standing, the Director of State Highway Department of Georgia is hereby authorized and empowered to and may provide financial as sistance to any individual, family, business concern, or non-profit organi zation displaced by State Highway Projects, the rights-of-way costs of which are financed in whole or in part from Federal Funds allocated to State Highway Department of Georgia.
Section 2. The relocation assistance to be made available is for the purpose of compensating eligible persons for their reasonable and necessary moving expenses caused by their displacement from real prop erty acquired for such projects and such assistance shall in no case exceed the limits as specified under the Federal Aid Highway Act of the United States Congress, Title 23 U. S. Code, Section 133, as the same is now or may hereafter be amended.
Section 3. The Director of State Highway Department of Georgia is hereby empowered to make such rules and regulations as may be nec essary from time to time to provide for the administration of such financial assistance.
Section 4. The determination by Director of State Highway De partment of the amount of the financial assistance to be made available under the provisions of this Act shall bar any further subsequent pay ment of such assistance. The determination of the Director of State
JOURNAL OF THE HOUSE,
Highway Department of the amount of the financial assistance and to whom it shall be paid shall be final and not subject to further appeal.
Section 5. All laws and parts of laws in conflict with the provisions of this Act be and the same hereby are expressly repealed.
Section 6. This Act shall not become effective until sixty (60) days after its approval by the Governor.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Anderson Barber Bean Bedgood Berry Blair Blalock Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Carley Carnes Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Conger Cook Cox Daugherty Dean DeLong Dickinson Dillon Dollar Doster
Drew Duncan Egan Elliott Etheridge Evensen Fleming Floyd Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hale Hamilton Harrell Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S.
Johnson, B. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lambros Lane Lea, F. R. Lee, W. J. (Bill) Le vitas Lewis Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Mitchell Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Otwell Overby Pafford Palmer Paris
Parker Peterson Phillips Powers Rainey Reid Richardson Roach Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, J. R.
THURSDAY, FEBRUARY 3, 1966
889
Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stain aker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor
Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Watson Webb Westlake Williams, G. J. Wilson, R. W. Wood
Those voting in the negative were Messrs,.
Bowen Collins, M. Lee, W. S.
Minge Mixon Odom
Watkins Williams, W. M.
Those not voting were Messrs.:
Alien Bagby Barfield Bennett Black Brackin Brantley Busbee Caldwell Carr Conner Crowe Dailey Davis Dixon Dorminy Farrar
Fulford Grahl Harrington Harrison Houston Jones, C. M. Jordan, Ben C. Knight Lambert Land Leonard Longino Lovell Lovett Moore, Don C. Murphy Newton, D. L.
Oglesby Parrish Pickard Reaves Ross Rowland Rush Russell Smith, A. B. Vaughn, C. R. Walling Ware Wells Wiggins Wilson, J. M. Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 146, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HR 158-341. By Messrs. Chandler and Harrington of the 47th:
A Resolution authorizing the conveyance of all that certain lot, tract or parcel of land containing 2.82 acres together with any and all
890
JOURNAL OF THE HOUSE,
permanent improvements located thereon or connect therewith lying and being in the corporate limits of the City of Milledgeville within the 320th Militia District of Baldwin County, Georgia to the Board of Trustees of the Georgia Military College; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on State Institutions and Property moves to amend HE 158 as follows:
By inserting at the end of the first quoted paragraph of the first paragraph following the title thereof the following:
"Said property is bounded as follows: On the North by the southern right-of-way boundary of said East Green Street; on the East, Southeast and East by a paved drive leading in a southerly then southwesterly then southerly direction from the southern right-of-way boundary of said East Green Street to and to the west of the Old State Capitol; on the South by other lands of the State of Georgia within said State House Square; on the West by lands used by St. Stephen's Episcopal Church, other lands of the State of Georgia within said State House Square and lands used by the First Presbyterian Church."
By striking the last paragraph which appears immediately before the resolving clause and which reads as follows:
"WHEREAS, it is the findings 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 substituting in lieu thereof the following:
"WHEREAS, it is the findings of the General Assembly of Georgia that the tract or parcel of land described herein above is surplus and is not needed for State purposes; and
"WHEREAS, an easement for drainage purposes will be neces sary over the lands owned by the State of Georgia in order to serve the facility which will be constructed on the tract of land herein before described; and
"WHEREAS, the description of the parcel of land over which said easement is desired is described more particularly as follows:
All of that certain strip, lot, tract or parcel of land measuring twenty (20) feet in uniform width, situate, lying and being in the corporate limits of the City of Milledgeville within the 320th Militia District of Baldwin County, Georgia, the same being a part of the State House Square in said city as shown by Dr. Mitchell's official map and survey and being more particularly described as follows:
THURSDAY, FEBRUARY 3, 1966
891
BEGINNING at a point which said point lies along the eastern right-of-way boundary of that certain public street area or road in said city known as South Wayne Street and which said point is South 13 degrees 15 minutes East a distance of 238.3 feet from the intersec tion corner of said South Wayne Street with the southern right-of-way boundary of that certain public street area or road in said city known as East Green Street and proceeding thence North 77 degrees 26 minutes East a distance of 210.0 feet, along the boundary line between the boundary of the property herein described and the southern boundary of the northwesternmost remaining portion of the north western quadrant portion of said State House Square, to a point; thence South 13 degrees 15 minutes East a distance of 20.0 feet, along the boundary line between the eastern boundary of the property herein described and the western boundary of the easternmost remain ing portion of the northwestern quadrant portion of said State House Square, to a point; thence South 77 degrees 26 minutes West along the southernmost boundary of the property herein described a distance of 210.0 feet to a point along the eastern right-of-way boundary of said South Wayne Street; thence along the eastern right-of-way boundary of said South Wayne Street North 13 degrees 15 minutes West a distance of 20.0 feet to the point of beginning.
Said property is bounded as follows: On the North by other lands of the State of Georgia in said State House Square; On the East by lands now or formerly of the State of Georgia in said State House Square; On the South by other lands now or formerly of the State of Georgia in said State House Square; and on the West by the eastern right-of-way boundary of said South Wayne Street.
Said above described property is herein described in accordance with the metes, bounds, courses and distances as shown by a plat, made from a survey by Walker McKnight, Georgia Registered Surveyor No. 864, dated October, 1965, and said plat is by reference only made a part of this description and shall be considered controlling as to the size, dimension and location of the property herein described.; and
"WHEREAS, the granting to the Board of Trustees of the Georgia Military College of an easement over the above described tract of land will not interfere with any uses to which the State of Georgia might employ said tract."
By adding at the end of said resolution the following:
"BE IT FURTHER RESOLVED that the Governor, acting for and in behalf of the State of Georgia, is hereby authorized to execute an appropriate instrument granting to the Board of Trustees of the Georgia Military College an easement for drainage purposes over the hereinbefore later described tract of state-owned property."
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
892
JOURNAL OP THE HOUSE,
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Bagby Barber Bean Bedgood Berry Black Bowen Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Carley Carnes Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Cook Cox Dailey Daugherty DeLong Dillon Dorminy Doster Duncan Etheridge Evensen Fleming Floyd Fnlford Funk Gaissert Gignilliat
Grahl Grier Hadaway Hale Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Herndon Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lambert Lane Lee, W. S. Lewis Lovell Lowrey Maddox Malone Marshall Matthews, C. Mauldin McCracken Melton Merritt Minge Mixon Murphy NeSmith, J. D. Newton, A. S. Odom
Oglesby Otwell Overby Pafford Palmer Paris Peterson Phillips Powers Rainey Reaves Reid Roach Ross Savage Sherman Shields Sims Simkins Snellings Snow Spillers Stalnaker Starnes Steis Stewart Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Webb Wiggins Williams, G. J. Williams, W. M. Wilson, R. W.
Wood
Those not voting were Messrs.:
Alien Barfield Bennett
Blair Blalock Brantley
Busbee Caldwell Carr
Conger Conner Crowe Davis Dean Dickinson Dixon Dollar Drew Egan Elliott Farrar Gary Gaynor Harrell Harrison Henderson Higginbotham Hill Howard Johnson, B.
THURSDAY, FEBRUARY 3, 1966
893
Jones, C. M. Jordan, Ben C. Knight Lambros Land Lee, W. J. (Bill) Leonard Levitas Longino Lovett Matthews, D. R. McClatchey McDaniell Mitchell Moore, Don C. Moore, J. H. Nessmith, P. Newton, D. L. Parrish Pickard Richardson
Rowland Rush Russell Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Spikes Story Townsend Vaughn, C. R. Walling Ware Watkins Watson Wells Westlake Wilson, J. M. 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 adopted, as amended.
HB 75. By Messrs. Dickinson of the 27th, Jordan of the 103rd, Evensen, Bean and Westlake of the 119th and Levitas of the 118th:
A Bill to be entitled an Act to amend an Act providing that it shall be unlawful to sell certain automobiles unless they shall be equipped with safety belts; and for other purposes.
By unanimous consent, further consideration of the above captioned Bill was postponed until tomorrow, February 4, 1966.
HB 39. By Messrs. Harris of the 118th, McDaniell of the 101st, Simkins of the 106th and others:
A Bill to be entitled an Act to amend an Act known as the "Employ ment Security Law", as amended, so as to provide that service per formed by a licensed real estate salesman for remuneration solely by way of commission 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.
894
JOURNAL OF THE HOUSE,
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Andcrson Bagby Bean Bedgood Berry Blair Brackin Brinkley Brown, B. D. Brown, C. Bryant Byrd Carley Carnes Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Cook Cox DeLong Dickinson Dillon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge
Evensen
Fleming
Fulford
Funk
Gaissert
Grahl
Grier
Hadaway
Hale
Hamilton
Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Herndon Higginbotham Hill Holder Hood Howard Howell Hutchinson Irvin Johnson, A. S. Dr. Jones, C. M. Jones, G. Paul Jones, M. Kiley Lambros Lea, F. R. Lee, W. S. Levitas Lewis Lowrey Maddox M alone Matthews, C. Matthews, D. R. McClatchey McDaniell Melton Minge Mitchell Mixon Moore, Don C.
Murphy
NeSmith, J. D.
Nessmith, P.
Newton, A. S.
Newton, D. L.
Odom
Otwell
Overby
Pafford
Palmer
Paris Parker Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rush Russell Savage Sherman Shields Sims Simkins Smith, J. R. Smith, W. L. Snow Spikes Spillers Starnes Steis Stewart Story Stovall Sullivan Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N.
Vaughn, C. R.
Ware
Watson
Webb
Westlake
Wiggins
Williams, W. M.
Wilson, R. W.
Wood
THURSDAY, FEBRUARY 3, 1966
895
Those not voting were Messrs.:
Alexander Alien Barber Barfield Bennett Black Blalock Bowen Brantley Brown, M. P. Busbee Caldwell Carr Conner Crowe Dailey Daugherty Davis Dean Dixon Farrar Floyd
Gary Gaynor Gignilliat Harrell Hawkins Houston Hull Johnson, B. Jordan, Ben C. Jordan, W. H. Knapp Knight Lambert Land Lane Lee, W. J. (Bill) Leonard Longino Lovell Lovett Marshall Mauldin
McCracken Merritt Moore, J. H. Oglesby Parrish Pickard Rainey Rowland Smith, A. B. Smith, G. L. II Smith, V. T. Snellings Stalnaker Sweat Walling Watkins Wells Williams, G. J. Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Sweat of the 83rd stated that he had been called from the House when the vote was taken on HB 39, but had he been present, would have voted "aye".
HB 187. By Messrs. Underwood of the 61st, Williams and Wood of the 16th, Harris and Smith of the 85th:
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 certain vehicles on which all ad valorem taxes have been paid, and who are contractors for the construction of highways with the State Highway Department may exceed certain weight, width and length requirements without obtaining a special permit; and for other purposes.
The following substitute to HB 187 by Mr. Underwood of the 61st was read and adopted:
A BILL TO BE ENTITLED
An Act to amend an Act governing and regulating the use of public roads and highways of this state, approved March 27, 1941
896
JOURNAL OP THE HOUSE,
(Ga. Laws 1941, p. 449), as amended, particularly by an Act approved February 21, 1951 (Ga. Laws 1951, p. 772), an Act approved March 3, 1955 (Ga. Laws 1955, p. 392), an Act approved February 13, 1956 (Ga. Laws 1956, p. 83), an Act approved February 4, 1959 (Ga. Laws 1959, p. 27), an Act approved February 17, 1964 (Ga. Laws 1964, p. 83), and an Act approved February 12, 1965 (Ga. Laws 1965, p. 206), so as to change the provisions relating to the vehicles that may exceed the weight and length provided in said Act without the necessity of obtaining a special permit; to provide that the State Highway Depart ment shall set certain rules and regulations; to repeal conflicting laws: and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act governing and regulating the use of public roads and highways of this state, approved March 27, 1941 (Ga. Laws 1941, p. 449), as amended, particularly by an Act approved February 21, 1951 (Ga. Laws 1951, p. 772), an Act approved March 3, 1955 (Ga. Laws 1955, p. 392), an Act approved February 13, 1956 (Ga. Laws 1956, p. 83), an Act approved February 4, 1959 (Ga. Laws 1959, p. 27), an Act approved February 17, 1964 (Ga. Laws 1964, p. 83), and an Act approved February 12, 1965 (Ga. Laws 1965, p. 206), is hereby amended by striking the last paragraph of Subsection (a) of Section 1 in its entirety and substituting in lieu thereof a new paragraph to read as follows:
"It shall be the duty of the Department of Public Safety, and of all other law enforcement officers to enforce this section. Pro vided further, however, that any vehicle of a contractor or sub contractor who has a contract with the State Highway Depart ment for the construction or maintenance of a road or highway shall not be required to obtain the special permit herein required, but the State Highway Department shall set reasonable rules and regulations necessary to move equipment used in connection with such contract to and from the project."
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 Adams Anderson Bagby Barber
Bean Bedgood Berry Black Blair
Blalock Brackin Brinkley Brown, B. D. Brown, C.
Brown, M. P. Bryant Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Coiling, J. P. Colwell
Cox
Dailey DeLong Dickinson Dillon Dixon Dorminy Doster Drew Duncan Evensen Fleming Floyd Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawking Henderson Herndon Higginbotham Hood
THURSDAY, FEBRUARY 3, 1966
897
Howard Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. S. Levitas Lewis Lowrey Maddox Malone Marshall Matthews, C. Mauldin McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer
Paris Parker Phillips Powers Reaves Richardson Ross Rowland Rush
Savage Sherman Shields Sims Simkins Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Stewart Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Tucker Tye Underwood Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Alien Barfield Bennett Bo wen Brantley Busbee
Caldwell Collins, M. Conger Conner Cook Crowe Daugherty
Davis Dean Dollar Egan Elliott Etheridge Farrar
Gary Hale Harrell Hill Holder Houston Jones, C. M. Knight Land Lane Lee, W. J. (Bill) Leonard
JOURNAL OF THE HOUSE,
Longino Lovell Lovett Matthews, D. R. McClatchey Moore, J. H. Parrish Peterson Pickard Rainey Reid Roach
Russell Smith, A. B. Smith, G. L. II Smith, V. T. Stalnaker Story Thompson, R. Townsend Vaughan, D. N. Ware Williams, G. J. Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 307. By Messrs. Harris and Smith of the 85th:
A Bill to be entitled an Act to amend Code Section 27-902, relating to the amount of bail in misdemeanor cases; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Bagby Barber Bean Bedgood Berry Black Blalock Brackin Brown, B. D. Brown, C. Brown, M. P. Bryant
Carley Carnes Chandler Clarke, H. G. Clark, J. T. Collins, M. Colwell Conger Cox Dailey Daugherty DeLong Dickinson Dillon Dixon Dollar
Doster Drew Duncan Elliott Etheridge Evensen Fleming Floyd Fulford Gaissert Gary Gaynor Gignilliat Grahl Grier Harrington
THURSDAY, FEBRUARY 3, 1966
899
Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Holder Hood Houston Howard Howell Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, W. H. Kiley Knapp Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lovell Lowrey Malone Marshall
Matthews, C. Mauldin McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Peterson Phillips Powers Reaves Reid Rowland Rush Savage Sherman
Sims Simkins Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Townsend Tucker Tye Underwood Vaughn, C. R. Walling Watkins Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs,. Ross
Those not voting were Messrs.:
Alien Barfield Bennett Blair Bowen Brantley Brinkley Busbee Byrd Caldwell Carr Gates Collins, J. F. Conner
Cook Crowe Davis Dean Dorminy Egan Farrar Funk Hadaway Hale Hamilton Harrell Hill Hull
Jones, G. Paul Jordan, Ben C. Knight Lambert Land Lane Leonard Longino Lovett Maddox Matthews, D. R. McClatchey Newton, D. L. Parrish
900
Pickard Rainey Richardson Roach Russell Shields
JOURNAL OP THE HOUSE,
Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Thompson, R. Vaughan, D. N.
Ware Watson Williams, G. J. Wilson, J. M. 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 223. By Messrs. Wiggins and Reid of the 32nd:
A Bill to be entitled an Act to amend Code Chapter 24-34, relating to court costs in civil cases, as amended, so as to provide that no clerk shall file any civil action unless an advance court cost shall be deposited with the action; and for other purposes.
The following Committee amendment was read and adopted:
Judiciary Committee moves to amend HB 223 as follows:
By striking from Section 24-3413, which Section is quoted in Section 1 of said bill, the following "$15.00" and substituting in lieu thereof "$10.00".
By adding at the end of said Code Section immediately before the quotation mark the following:
"The provisions of this Code Section shall not apply to the clerk of any court for which a provision has been made for the requirement of an advanced court cost deposit or to the clerk of any court for which provision shall be made hereafter for the deposit of an advanced court cost, and the provisions of this Code Section shall not repeal or alter the provisions of such court's requirements for an advanced court cost deposit."
An amendment offered by Mr. Paris of the 23rd was read.
On the motion to amend HB 223, the roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alexander Bagby
Barber Brown, B. D. Daugherty
Dickinson Drew Etheridge
THURSDAY, FEBRUARY 3, 1966
901
Ployd Harrington Jones, G. Paul Jones, M. Lane Lowrey Matthews, D. R.
Minge Moore, Don C. Murphy Overby Paris Savage Sims
Starnes Thompson, A. W. Tucker Williams, G. J. Wood
Those voting in the negative were Messrs.:
Berry Blalock Brackin Brinkley Brown, C. Bryant Carley Carnes Colwell Cox DeLong Dillon Dixon Doster Duncan Evensen Fleming Gaissert Gary Gaynor Gignilliat Grier Hadaway Harris, J. F. Harris, J. R. Harrison Hawkins
Herndon Hood Hutchinson Irvin Johnson, A. S. Dr. Kiley Lambert Lambros Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lovell Malone Marshall Matthews, C. McCracken Melton Mitchell Mixon Nessmith, P. Odom Oglesby Otwell Palmer Peterson Phillips
Powers Reid Ross Rush Sherman Snellings Snow Spikes Spillers Stalnaker Steis Story Stovall Sullivan Sweat Taylor Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Webb Westlake Wiggins Wilson, R. W.
Those not voting were Messrs.:
Adams Alien Anderson Barfield Bean Bedgood Bennett Black Blair Bowen Brantley Brown, M. P. Busbee
Byrd Caldwell Carr Gates Chandler Clarke, H. G. Clark, J. T. Coiling, J. F. Collins, M. Conger Conner Cook Crowe
Dailey Davis Dean Dorminy Dollar Egan Elliott Farrar Fulford Funk Grahl Hale Hamilton
902
Harrell Harris, R. W. Henderson Higginbotham Hill Holder Houston Howard Howell Hull Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Knapp Knight Land Lea, F. R. Leonard Longino
JOURNAL OF THE HOUSE,
Lovett Maddox Mauldin McClatchey McDaniell Merritt Moore, J. H.
NeSmith, J. D. Newton, A. S. Newton, D. L. Pafford Parker Parrish Pickard Rainey Reaves Richardson Roach Rowland Russell
Shields Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Stewart Thomas Thompson, R. Townsend Underwood . Ware Watson Wells Williams, W. M. Wilson, J. M. Mr. Speaker
On the motion to amend, the ayes were 28, nays 79.
The amendment was lost.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Blalock Brinkley Brown, C. Bryant Byrd Carley Games Carr Clarke, H. G. Colwell Cox DeLong Dickinson Dillon
Dixon Dorminy Doster Duncan Egan Elliott Evensen Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Harris, J. R.
Harris, R. W. Hawkins Herndon Higginbotham Howard Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jordan, W. H. Kiley Lambert Lambros Lee, W. J. (Bill) Lee, W. S.
THURSDAY, FEBRUARY 3, 1966
903
Levitas Lovell Lowrey Maddox Malone Marshall Matthews, D. R. Mauldin McCracken Melton Merritt Mitchell Mixon Moore, Don C. NeSmith, J. D. Nessmith, P. Oglesby Otwell Overby
Palmer Peterson Phillips Powers Reaves Reid Ross Rush Savage Sherman Snellings Snow Spikes Spillers Stain aker Steis Story Stovall Sullivan
Sweat Thompson, R. Townsend
Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.
Abney Alexander Bagby Barber Berry Black Brackin Brown, B. D. Cook Daugherty
Drew Fleming Floyd Hamilton Harrington Hood Houston Hull Jones, M. Knapp
Lewis Minge Murphy Newton, A. S. Paris Parker Rainey Sims Starnes Thompson, A. W.
Those not voting were Messrs.:
Alien Anderson Barfield Bean Bedgood Bennett Blair Bo wen Brantley Brown, M. P. Busbee Caldwell Gates Chandler Clark, J. T. Collins, J. F. Collins, M. Conger
Conner Crowe Dailey Davis Dean Dollar Etheridge Farrar Fulford Funk Hale Harrell Harris, J. F. Harrison Henderson Hill Holder Howell
Johnson, B. Jones, C. M. Jordan, Ben C. Knight Land Lane Lea, F. R. Leonard Longino Lovett Matthews, C. McClatchey McDaniell
Moore, J. H. Newton, D. L.
Odom Pafford Parrish
904
Pickard Richardson Roach Rowland Russell Shields
JOURNAL OF THE HOUSE,
Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L.
Stewart Taylor Thomas Ware Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 103, nays 30.
The Bill, having- received the requisite constitutional majority, was passed, amended.
The roll call on the above Bill showed 102 votes cast in favor of the Bill, however, the Speaker cast his vote in favor of the Bill, as amended, giving HB 223, as amended, the requisite constitutional majority.
HB 335. By Messrs. Mitchell and Smith of the 3rd:
A Bill to be entitled an Act known as the Georgia Water Quality Control Act, as amended, so as to amend the powers of the Georiga Water Quality Control Board to remove the requirement of a mandatory hear ing prior to the rendition of any order 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Barber Bean Bedgood Berry Black Blair Blalock Bowen Brackin Brinkley Brown, B. D.
Brown, C. Brown, M. P. Byrd Carley Games Carr Chandler Clarke, H. G. Collins, J. F. Colwell Conger Cook Cox
Dailey Dean DeLong Dickinson Dillon Dixon Dorminy Doster Drew Duncan Egan Elliott Evensen
THURSDAY, FEBRUARY 3, 1966
905
Fleming Floyd Fulford Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Hawkins Henderson Herndon Higginbotham Hill Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Kiley Knapp Lambert Lambros
Lane Lee, W. S. Levitas Lewis Lovell Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Palmer Paris Parker Peterson Phillips Powers Rainey Reaves
Reid Savage Sherman Sims Simkins Snellings Snow Spikes Spillers Stalnaker Starnes
Steis Story Stovall Sullivan
Sweat Taylor Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Westlake Williams, G. J. Williams, W. M. Wilson, J. M.
Wilson, R. W. Wood, J. T.
Those not voting were Messrs.:
Alexander Alien Anderson Bagby Barfield Bennett Brantley Bryant Busbee Caldwell Gates Clark, J. T. Collins, M. Conner Crowe Daugherty Davis
Dollar Etheridge Farrar Funk Gary Hale Harris, R. W. Harrison Holder Jones, C. M. Jordan, Ben C. Jordan, W. H. Knight Land Lea, F. R. Lee, W. J. (Bill) Leonard
Longino Lovett Lowrey Maddox McClatchey Minge Otwell Pafford Parrish Pickard Richardson Roach Ross Rowland Rush Russell Shields
906
Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T.
JOURNAL OF THE HOUSE,
Smith, W. L. Stewart Thomas Ware
Watkins Wells Wiggins 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 154. By Messrs. Barber of the 24th, Harris of the 118th and Busbee of the 79th: A Bill to be entitled an Act to create the "Commission on the Status of Women"; and for other purposes.
The following amendment was read and adopted:
Mr. Barber of the 24th moves to amend HB 154 as follows:
By striking the word "shall" in the first line of Section 5 and inserting in lieu thereof the word "may".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Barber Bean Bedgood Berry Black Blalock Bowen Brackin Brinkley Brown, B. D. Brown, C.
Brown, M. P.
Byrd Caldwell Carley Carnes Carr Chandler Clarke, H. G. Collins, J. F. Colwell Conner Cook Cox Dailey
Daugherty Dean DeLong Dickinson Dillon Dixon Dorminy Doster Drew Duncan Egan Etheridge Evensen Fleming
THURSDAY, FEBRUARY 3, 1966
907
Ployd Fulford Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Henderson Herndon Higginbotham Hill Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jonse, C. M. Jones, M. Jordan, W. H. Kiley
Lambert Lambros Lane Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Lovell Malone Marshall Matthews, C. Mauldin McClatchey McDaniell Melton Merritt Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Overby Pafford Paris Parker Peterson Powers Rainey
Reaves Reid Savage Sherman Shields Sims Simkins Snellings
Snow Spikes Stalnaker
Steis Story Stovall Sullivan
Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker
Tye Vaughan, D. N. Vaughn, C. R. Watson Webb Wells Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Anderson
Bagby Bariield Bennett Blair Brantley Bryant Busbee Gates Clark, J. T. Collins, M. Conger Crowe Davis Dollar Elliott Farrar
Funk Hale Harrison Holder Jones, G. Paul Jordan, Ben C. Knapp Knight Land Lea, F. R. Leonard Longino Lovett Lowrey Maddox Matthews, D. R. McCracken Minge
Newton, D. L. Otwell Palmer Parrish Phillips Pickard Richardson Roach Ross Rowland Rush Russell Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Spillers
908
Starnes Stewart Underwood Walling
JOURNAL OF THE HOUSE,
Ware Watkins Westlake Wiggins
Williams, G. J. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 98. By Messrs. Busbee of the 79th and Harris of the 118th: A Bill to be entitled an Act to create the Georgia Youth Council; to provide for the appointment of the members of said 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Bagby Barber Bean Bedgood Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Byrd Caldwell Carley Carnes Carr Chandler
Clarke, H. G. Collins, J. F. Collins, M. Colwell Cook Cox Dailey Daugherty Dean DeLong Dickinson Dillon Dixon Dorminy Doster Drew Duncan Egan Etheridge Evensen Fleming Floyd
Fulford Gaissert Gaynor Gignilliat Grahl Grier Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Hawkins Herndon Higginbotham Hood Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M.
THURSDAY, FEBRUARY 3, 1966
909
Jones, G. Paul Jones, M. Kiley Lambert Lambros Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Levitas Lewis Lovell Lowrey M alone Marshall Matthews, C. Mauldin McClatchey Melton Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D.
Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Palmer Paris Parker Peterson Powers Rainey Reaves Reid Rowland Rush Savage Sherman Sims Simkins Snellings Snow Stalnaker
Starnes Steis Stewart Story Sullivan Sweat Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Alien Barfield Bennett
Bowen Brantley Bryant Busbee Gates Clark, J. T. Conger Conner Crowe Da vis Dollar Elliott Farrar Funk Gary Hadaway Hale Harris, R. W.
Harrison Henderson Hill Holder Houston Johnson, B. Jordan, Ben C. Jordan, W. H. Knapp Knight Land Lane Leonard Longino Lovett Maddox Matthews, D. R. McCracken McDaniell Mitchell Moore, J. H. Pafford
Parrish Phillips Pickard Richardson
Roach Ross Russell Shields Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Spikes Spillers Stovall Taylor Thomas Vaughn, C. R. Ware Watkins Mr. Speaker
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
910
JOURNAL OF THE HOUSE,
By unanimous consent, the following Bill of the House was placed on the Calendar to consider the unfavorable report of the Committee on Highways:
HB 375. By Mr. Jones of the 109th:
A Bill to be entitled an Act to amend an Act relating to the State Highway Board, as amended, so as to change the procedures relating to the expenditure of certain funds by the State Highway Board; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House, to-wit:
HB 1. By Messrs. Smith of the 90th, Busbee of the 79th and others: A Bill to amend an Act providing appropriations for the State Govern ment for the fiscal year 1965-1966 and the fiscal year 1966-1967, and for other purposes.
HB 2. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Bill to provide supplementary appropriations for the remainder of 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 operation of the agencies of the State and for other purposes.
The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:
HB 1. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend an Act providing appropriations for the State Government for the fiscal year 1965-66 and the fiscal year 1966-67, and for other purposes.
The following Senate amendments were read:
Senate Committee moves to amend HB 1 by adding in the title between the phrases, "the total amount of appropriations" and "to repeal
THURSDAY, FEBRUARY 3, 1966
911
conflicting laws" the phrase "to provide for the purposes of such ap propriations".
Senate Committee moves to amend HB 1 as follows:
By adding in the title before the words "to reduce the appropriation to the Department of Labor for the cost of operations of the Employ ment Security Agency" the words "to provide for filing affidavits with the State Treasures;".
By adding a new section to be known as Section 2 to read as follows:
"Section 2. Said Act is further amended by striking from the first sentence of the proviso in Section 25 (F) the words 'Director of the Highway Department', and inserting in lieu thereof the words 'State Treasurer', so that when so amended said proviso shall read as follows:
'Provided, further, that a member of the governing authority of the municipality, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the State Treasurer. At the request of the Governor or the Budget Bureau or the Director of the State Highway De partment, 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 munici pality in any future year.' "
By renumbering Sections 3, 4, 5, and 6 as Sections 4, 5, 6, and 7 respectively.
Senate Committee moves to amend HB 1 as follows:
By adding the title before the words "to repeal conflicting laws" the words "to change the provisions relating to internal transfers";
By adding a new section to be known as Section 5 to read as follows:
"Section 5. Said Act is further amended by striking Section 52 in its entirety and inserting in lieu thereof a new Section 52 to read as follows:
"Section 52. All expenditures and appropriations made and authorized under this Act shall be according to the objects and for the programs and activities as specified in the Governor's recom mendation contained in the Budget Report submitted to the General Assembly at the regular January session 1965, pages 1 through 123 inclusive, except as otherwise specified in this Act; provided, how ever, the Director of the Budget is authorized to make internal transfers within a budget unit between objects and programs subject to the condition that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not
912
JOURNAL OF THE HOUSE,
currently having an appropriation, nor which would require oper ating funds or capital outlay funds beyond the current biennium."
By renumbering present Sections 5 and 6 as Sections 7 and 8.
Senate committee moves to amend HB 1 by adding a new section to be known as Section 6 to read as follows:
"Section 6. Said act is further amended by adding after Sec tion 39(c) the following:
Provided however, the family and children services shall use the funds designated in the Governor's Budget Report for biennium 1965-67 in Sections (a) (b) and (c) for medical assistance for the aged for:
(1) implementation of a drug vendors payment program and (2) implementation of another program of medical assistance if funds are available said program not to be physician's services.
Mr. Vaughn of the 117th moved that the House disagree to the Senate amend ments.
The motion prevailed and the House disagreed to the Senate amendments to HB 1.
HB 2. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to provide supplementary appropriations for the remainder of 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 operation of the agencies of the State; and for other purposes.
The following Senate amendments were read:
Committee on Appropriations moves to amend HB 2, by deleting from Section 5(D) the word "dormitory".
Committee on Appropriations moves to amend HB 2 as follows:
By striking from Section 15 the following:
"Provided that no less than $50,000.00 of the $630,000.00 in this Subsection shall be allocated to grants-in-aid to local health units for retardation day-care centers."
THURSDAY, FEBRUARY 3, 1966
913
By striking from Subsection D of Section 15 the following:
"1966-67 __._.-----------___.._----------....-- - $630,000.00",
and inserting in lieu thereof the following: "1966-67 __-__----.-.-._----_----.----.-..--- $580,000.00".
By adding a new paragraph in Section 15 to be known as Subsec tion F to read as follows:
"F. Day Care Centers for Mentally Retarded,
1966-67 __---__----_--.__-----___.----------.--- $ 50,000.00"
Committee on Appropriations moves to amend HB 2 by striking Section 26 therefrom in its entirety and substituting in lieu thereof the following:
"All expenditures and appropriations made and authorized un der this Act shall be according to the objects and for the programs and activities as specified in the Governor's recommendation con tained in the supplemental budget submitted to the General As sembly at the regular January session, 1966, except as otherwise specified in this Act; provided, however, the director of the budget is authorized to make internal transfers within a budget unit be tween objects and programs subject to the condition that no funds whatsoever shall be transferreed for use in initiating or commencing any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds beyond the current biennium."
Committee on Appropriations moves to amend HB 2, Section 2, by adding a new Subsection D to read as follows:
"D. For implementation of a small grain research program at the Coastal Plains Experiment Station, Tifton, Georgia, in cooper ation with the University of Georgia College of Agriculture.
1966-67 ----.---,,---_...__....__.___....--.__---.----.$18,000.00"
Committee on Appropriations moves to amend HB 2 as follows:
By striking from subsection A. of Section 5 the figure "457,000.00" and inserting in lieu thereof the figure $437,000.00".
By striking from subsection B. of Section 5 the figure "383,732.00" and inserting in lieu thereof the figure "$403,732.00".
By adding at the end of subsection B. of Section 5 the following language:
914
JOURNAL OF THE HOUSE,
"Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1966-67 Personal Services __-_._._.__....___.__.._....__.____.____..___$290,000 Operating Expenses --.--.,,.,,---___.___....____.____-- 147,000 Grants .__.....___._.._........_..-......-...-......_____....-..__,,.,,...____ 438,464
Provided further, that all funds and all language relative to Driver Education under Personal Service in the Supplemental Budget Report is hereby stricken.
Provided further, that the language and funds relative to Driver Education grants in the Supplemental Budget Report is hereby stricken.
Grants for Driver Education and the funds therefor shall be as follows:
'Driver Education Training Grants-in-Aid.--These funds to be used to provide grants-in-aid of approximately $450.00 each to aid approximately 440 teachers in obtaining instructions in teaching driver education. It is contemplated that this appropriation will be a line item under Section 18A. of the General Appropriations Act approved March 1, 1965 (Ga. Laws 1965, p. 44), to be treated simi larly to education grants to teachers thereunder.
1966-67 _,,_._..-.._-.._.,,-_------_..-......._.__.___----. $200,000.00' "
Committee on Appropriations moves to amend Section 28 of HB 2 by striking the appropriation of $12,268,992 for the year 1966-67 and inserting in lieu thereof the figure "$12,286,992."
Mr. Vaughn of the 117th moved that the House disagree to the Senate amendments.
The motion prevailed, and the House disagreed to the Senate amendments to HB 2.
The following Resolution of the Senate was taken up for the purpose of considering a motion to recommit:
SR 15. By Senators Gillis of the 20th, Rowan of the 8th, Pennington of the 45th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the establishment of a uniform method of assessment of farm and forest lands which shall be based upon the capability of such land to produce farm and forest crops; and for other purposes.
THURSDAY, FEBRUARY 3, 1966
915
Mr. Mitchell of the 3rd moved that SR 15 be recommitted to the Committee on Ways and Means for further study.
On the motion to recommit, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Anderson Bagby Barber Bean Bedgood Berry Brown, B. D. Brown, M. P. Carley Carnes Chandler Cook Cox Dickinson Dillon Egan Evensen Fleming Floyd Gaissert Grahl
Grier Hamilton Harrell Harris, J. R. Harris, R. W. Hawkins Higginbotham Hood Howard Johnson, Dr. A. S. Johnson, B. Jordan, Ben C. Lambert Lambros Lea, F. R. Levitas Lovell Malone Marshall Matthews, C. Mauldin Melton
Merritt Mitchell Murphy Overby Palmer Paris Savage Snow Story Thompson, A. W. Thompson, R. Townsend Tucker Vaughn, C. R. Walling Watson Webb Westlake Williams, W. M. Wilson, J. M. Wilson, R. W.
Those voting in the negative were Messrs.:
Alexander Blair Brackin Brinkley Bryant Carr Clarke, H. G. Colwell Daugherty Dean DeLong Dorminy Doster Drew Duncan Elliott Etheridge Gaynor Gignilliat
Harris, J. F. Herndon Hill Howell Hutchinson Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lane Lee, W. S. Lewis Lowrey Matthews, D. R. Minge Mixon Moore, J. H. NeSmith, J. D.
Nessmith, P. Newton, A. S. Newton, D. L. Otwell Parker Peterson Powers Rainey Reaves Reid Sherman Shields Sims Simkins Smith, J. R. Snellings Stalnaker Starnes Stewart
916
Stovall Sullivan Taylor
JOURNAL OF THE HOUSE,
Tye Underwood Vaughan, D. N.
Wiggins
Those not voting were Messrs.:
Abney Alien Barfield Bennett Black Blalock Bowen Brantley Brown, C. Busbee Byrd Caldwell Gates Clark, J. T. Collins, J. P. Collins, M. Conger Conner Crowe Dailey Davis Dixon Dollar Parrar Fulford
Funk
Gary Hadaway Hale Harrington Harrison Henderson Holder Houston Hull Irvin Jones, C. M. Knight Land Lee, W. J. (Bill) Leonard Longino Lovett Maddox McClatchey McCracken McDaniell Moore, Don C. Odom Oglesby
Pafford Parrish Phillips Pickard Richardson Roach Ross Rowland Rush Russell Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Spikes Spillers Steis Sweat Thomas Ware Watkins Wells Williams, G. J. Wood Mr. Speaker
On the motion to recommit SR 15, the ayes were 65, nays 64.
The motion prevailed and SR 15 was recommitted to the Committee on Ways and Means for further study.
Mr. Etheridge of the 123rd stated that he wished to be recorded as voting "aye" on the motion to recommit SR 15.
Mr. Lewis of the 50th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.
FRIDAY, FEBRUARY 4, 1966
917
Representative Hall, Atlanta, Georgia Friday, February 4, 1966
The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker Pro Tern.
Prayer was offered by Rev. Charles Parker, Pastor Northside Baptist Church, Tifton, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, 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.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for Friday, February 4, 1966, and submits the following:
HB
33. County officers, Grand Jury indictment.
HB
36. Criminal procedure, bond forfeited.
918
JOURNAL OF THE HOUSE,
HB
46. Education, control other departments.
HB
51. Firemen, pensions, increase.
HB
75. Motor vehicles, seat belts (postponed).
HB
85. Interest, Loans, Residential Property.
HB 113. Phenylketonuria Test, all infants.
HB 138. Drivers' Licenses, National Guard.
HB 165. Beneficiaries, Simultaneous Death.
HB 202. Ports Authority, membership.
HB 229. Concealed weapons, devices.
HB 264. Divorce, temporary alimony hearing.
HB 289. Senatorial Districts, Cobb County.
HB 306. Athletic contests, admission price.
HB 322. Commercial Code, define words.
HB 370. Election Code, amend.
HB 377. Courts, Dismissal of suits, five years.
HR 112-196. Convey Property, Sumter County.
HR 148-301. Convey Property, Bibb County.
HR 150-304. Convey Property, Franklin County.
SB
26. Theft of motor vehicle, punishment.
SB
27. Unlawful sale of motor vehicles.
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of 79th, Vice-Chairman.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 510. By Mr. Roach of the 15th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Cherokee County, so as to change the compensation of the Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
FRIDAY, FEBRUARY 4, 1966
919
HB 511. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to require the Board of Commissioners of Roads and Revenue of Floyd County to conduct an annual audit of finances, financial records and books of Floyd County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 512. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to require county boards of education in certain counties to conduct a continuing and annual audit of the books and records of such board of education; and for other purposes.
Referred to the Committee on Local Affairs.
HB 513. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to require hospital authorities in certain counties to conduct an annual audit of the books and records of such hospital authorities; and for other purposes.
Referred to the Committee on Local Affairs.
HB 514. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act placing certain officers of Floyd County on a salary basis, so as to provide that the salary of the comptroller shall be fixed by the Board of Commissioners of Roads and Revenue of Floyd County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 515. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to require the commissioners of roads and revenues of Floyd County to operate under a budget; and for other purposes.
Referred to the Committee on Local Affairs.
HB 516. By Mr. Roach of the 15th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the tax commissioner and the ordinary of Cherokee County on a salary system in lieu of the fee system, so as to change the compensation of the sheriff, clerk of the superior court, tax commissioner, ordinary, sheriff's deputies and the various clerks to said offices; and for other purposes.
Referred to the Committee on Local Affairs.
920
JOURNAL OP THE HOUSE,
HB 517. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Lanier County upon an annual salary, so as to fix the annual salary of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.
HR 243-517. By Mr. Harris of the 85th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable property located in that district and area within said city described as Downtown Brunswick and to provide for the powers, authority, funds, purposes, and procedure connected therewith; and for other purposes.
Referred to the Committee on Local Affairs.
HR 244-517. By Messrs. Smith, Mitchell and Leonard of the 3rd:
A Resolution declaring certain property of the State surplus, authoriz ing the State Properties Control Commission to sell such property; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 518. By Mr. Johnson of the 40th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Glascock County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 519. By Messrs. Caldwell of the 51st, Peterson of the 59th and Doster of the 73rd:
A Bill to be entitled an Act to amend an Act providing retirement bene fits for the clerks of the superior courts of Georgia, so as to provide that the delinquent payments required to be made into the fund by the clerks shall bear interest; and for other purposes.
Referred to the Committee on Judiciary.
HB 520. By Mr. Lovett of the 60th:
A Bill to be entitled an Act to amend an Act creating the city court of Dublin, so as to increase the compensation of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on Local Affairs.
FRIDAY, FEBRUARY 4, 1966
921
HB 521. By Messrs. Richardson of the 116th, Gignilliat and Powers of the 113th, Smith of the 114th, Tye and Kiley of the 115th and others:
A Bill to be entitled an Act to amend an Act implementing the Con stitutional provisions creating the Savannah District Authority, so as to delete therefrom certain provisions relating to the terms of office of the authority members and the prohibition against members being eligible to succeed themselves; and for other purposes.
Referred to the Committee on Local Affairs.
HB 522. By Messrs. Lea of the 126th and Gary of the 35th:
A Bill to be entitled an Act to amend Code Title 56, constituting the Georgia Insurance Code, relating to certain rate filings which are filed with the Insurance Commissioner; and for other purposes.
Referred to the Committee on Insurance.
HB 523. By Messrs. Howard and McDaniell of the 101st, Henderson and Wilson of the 102nd:
A Bill to be entitled an Act creating a new charter for the City of Smyrna, so as to increase the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HR 245-523. By Messrs. Howard and McDaniell of the 101st, and Henderson of the 102nd:
A Resolution compensating Howard Herbert Hamby, Sr.; and for other purposes.
Referred to the Committee on Appropriations.
HB 524. By Mr. Lewis of the 50th:
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 525. By Messrs. Howard and Wilson of the 101st, Henderson and Wilson of the 102nd:
A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
922
JOURNAL OF THE HOUSE,
HB 526. By Messrs. Bean, Evensen, Westlake and Higginbotham, Carley, Malone, Palmer and Vaughn of the 117th, Farrar, Harris, Levitas and Walling of the 118th:
A Bill to be entitled an Act to amend an Act creating and establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, so as to redefine the school board districts; and for other purposes.
Referred to the Committee on Local Affairs.
HB 527. By Mr. Brown of the 135th:
A Bill to be entitled an Act to prohibit the sale at retail of burial vaults and caskets, except by licensed and operating funeral directors; and for other purposes.
Referred to the Committee on Judiciary.
HB 528. By Mr. NeSmith of the 43rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Luthersville, so as to increase the corporate limits of the Town of Luthersville; and for other purposes.
Referred to the Committee on Local Affairs.
HR 246-528. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the governing authority of Floyd County may establish water, sanitation, sewerage and fire protection districts in Floyd County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 529. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th, Westlake, Higginbotham, Bean and Evensen of the 119th, Farrar, Levitas, Walling and Harris of the 118th:
A Bill to be entitled an Act to amend Code Section 92-6402, providing for the payment of taxes in two installments in counties having a popu lation of not less than 250,000 and not more than 500,000, so as to strike the 10% penalty on delinquent installments and to provide that the first installment shall be due on July 1 and shall become delinquent if not paid by August 15, and the second installment shall be due October 1 and shall become delinquent if not paid by November 15; and for other purposes.
Referred to the Committee on Local Affairs.
FRIDAY, FEBRUARY 4, 1966
923
HR 247-529. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Resolution proposing an amendment to the Constitution so as to authorize Floyd County, in unincorporated areas, to construct, pave, etc. streets, roads, curbing, etc. and assess all or a portion of the cost against abutting property and the owners thereof with the approval of a majority of said abutting property owners; and for other purposes.
Referred to the Committee on Local Affairs.
HR 248-529. By Messrs. Palmer, Malone, and Carley of the 117th, Brown of the 120th, Walling and Farrar of the 118th:
A Resolution creating the Mass Transportation Commission; and for other purposes.
Referred to the Committee on Rules.
HR 249-529. By Mr. Johnson of the 25th: A Resolution compensating Alan Vaughter; and for other purposes.
Referred to the Committee on Appropriations.
HR 250-529. By Mr. Black of the 56th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Chattahoochee County to assess and collect license fees and taxes upon businesses located in Chatta hoochee County outside the limits of any incorporated municipality; and for other purposes.
Referred to the Committee on Local Affairs.
HB 530. By Messrs. Oglesby and Russell of the 92nd:
A Bill to be entitled an Act to amend an Act relating to the State Game and Fish Commission, so as to provide for the purchase of uniforms for employees; and for other purposes.
Referred to the Committee on Game and Fish.
HB 531. By Mr. Bagby of the 21st:
A Bill to be entitled an Act to define the degree of care required of a vehicle operator for a guest passenger; and for other purposes.
Referred to the Committee on Judiciary.
HB 532. By Mr. Bagby of the 21st:
A Bill to be entitled an Act to end the immunity of all charitable and governmental entities of their wrongdoings which amounts to negligence; and for other purposes.
Referred to the Committee on Judiciary,
924
JOURNAL OF THE HOUSE,
HB 533. By Mr. Bagby of the 21st:
A Bill to be entitled an Act to afford doctors, dentists, nurses and hos pitals a means to collect their claims out of judgments that arise from injuries to patients treated by same; and for other purposes.
Referred to the Committee on Judiciary.
HB 534. By Mr. Bagby of the 21st:
A Bill to be entitled an Act to amend Code Section 52-111 relating to the presumption of law in the case of loss of property in a hotel or inn, so as to change the provision relating to posting a copy of certain laws on the door of hotel rooms; and for other purposes.
Referred to the Committee on Judiciary.
HE 251-534. By Mr. Barber of the 24th: A Resolution compensating Mr. J. W. Keith; and for other purposes.
Referred to the Committee on Appropriations.
HR 252-534. By Mr. Barber of the 24th:
A Resolution compensating Mr. Daniel L. Sailors; and for other pur poses.
Referred to the Committee on Appropriations.
HR 253-534. By Mr. Barber of the 24th:
A Resolution compensating Mrs. Cleo Thompson; and for other pur poses.
Referred to the Committee on Appropriations.
HB 535. By Messrs. Lee, Gary and Harrell of the 35th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Clayton County, so as to change the amount of the bond required of the chairman and of the members of the board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 536. By Messrs. Lee, Gary and Harrell of the 35th:
A Bill to be entitled an Act to abolish the office of Treasurer of Clayton County; to provide that the Commissioners of Roads and Revenues of Clayton County shall appoint depositories for county funds; and for other purposes.
Referred to the Committee on Local Affairs.
FRIDAY, FEBRUARY 4, 1966
925
HB 537. By Messrs. Dorminy of the 72nd, Bowen of the 69th, Doster of the 73rd and Rainey of the 69th:
A Bill to be entitled an Act to place the solicitor general of the Cordele Judicial Circuit upon an annual salary; and for other purposes.
Referred to the Committee on Judiciary.
HB. 538. By Messrs. Barber of the 24th, Rainey of the 69th, Lane of the 64th, Bowen of the 69th and Sullivan of the 95th:
A Bill to be entitled an Act to provide for the establishment of minimum standards and salaries for clerical personnel employed in the offices of the elementary, high school superintendent's office; and for other purposes.
Referred to the Committee on Appropriations.
HB 539. By Messrs. Barber of the 24th and Story of the 22nd:
A Bill to be entitled an Act to amend Code Section 32-502, relating to the qualifications of the state superintendent of schools, so as to change the qualifications of the state superintendent of schools; and for other purposes.
Referred to the Committee on Education.
HR 254-539. By Mr. Etheridge of the 123rd: A Resolution compensating William Frank Horton; and for other purposes.
Referred to the Committee on Appropriations.
HR 255-539. By Messrs. Matthews and Bedgood of the 29th:
A Resolution proposing an amendment to the Constitution so as to increase the membership of the board of education of Clarke County from nine to eleven members; and for other purposes.
Referred to the Committee on Local Affairs.
HB 540. By Messrs. Matthews and Bedgood of the 29th:
A Bill to be entitled an Act to amend an Act creating the Clarke County School District and providing for a board of education therefor, so as to increase the membership of the board of education; and for other purposes.
Referred to the Committee on Local Affairs:
926
JOURNAL OF THE HOUSE,
HB 541. By Messrs. Fleming and Simkins of the 106th, Hull and Snellings of the 104th, DeLong and Sherman of the 105th:
A Bill to be entitled an Act to amend Code Section 38-1501, relating to the attendance of witnesses and the fees thereof, so as to provide for the payment of fees to any member of any police force attending any court having a jurisdiction to enforce penal laws of this State; and for other purposes.
Referred to the Committee on Judiciary.
HB 543. By Messrs. Blalock of the 33rd and Vaughn of the 117th:
A Bill to be entitled an Act to create Fiscal Affairs Subcommittees of the Senate and the House of Representatives; and for other purposes.
Referred to the Committee on Rules.
HB 544. By Messrs. Houston of the 84th, Johnson of the 25th, Barber of the 24th, Gary of the 35th, Dixon of the 83rd and Mrs. Merritt of the 68th:
A Bill to be entitled an Act to amend an Act creating within the Department of Family and Children Services, an autonomous Division for Children and Youth, and a State Board for Children and Youth, so as to change the judicial review procedure relating to the licensing and inspection of child welfare agencies; and for other purposes.
Referred to the Committee on State of Republic.
HB 545. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Rome, relating to the Board of Education; and for other purposes.
Referred to the Committee on Local Affairs.
HB 546. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, so as to provide the qualifications of the members of the Rome City Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 547. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act creating the charter for the City of Rome, so as to provide that each Ward shall consist of Post No. 1, Post No. 2 and Post No. 3 for election purposes; and for other purposes.
Referred to the Committee on Local Affairs
FRIDAY, FEBRUARY 4, 1966
927
HB 548. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, relating to the number of wards within the City of Rome; and for other purposes.
Referred to the Committee on Local Affairs
HB 549. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act creating a new charter 'for the City of Rome, relating to fines, taxes, forfeitures or other indebtedness due said City; and for other purposes.
Referred to the Committee on Local Affairs
HB 550. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, so as to provide for primary elections and the nomination of candidates for any general election and special election by primary or nomination petition; and for other purposes.
Referred to the Committee on Local Affairs:
HB 551. By Mr. Busbee of the 79th:
A Bill to be entitled an Act to provide for family planning services; to provide that the State Department of Health, county departments of health, health districts, the State Department of Family and Children Services, county departments of family and children services and district departments of family and children services shall provide family planning services; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 552. By Messrs. Hull of the 104th and DeLong of the 105th:
A Bill to be entitled an Act to amend an Act changing from the fee to the salary system certain of the county officers of certain counties of this state, so as to change the compensation of certain employees of the sheriff's office; and for other purposes.
Referred to the Committee on Local Affairs.
HB 256-552. By Mr. Bowen of the 69th:
A Resolution authorizing a statue, bust or other memorial of Walter Franklin George to be placed in the halls of the Capitol of the State of Georgia; and for other purposes.
Referred to the Committee on Rules.
928
JOURNAL OP THE HOUSE,
HB 553. By Messrs. Fulford of the 67th, Newton of the 94th and Palmer of the 117th:
A Bill to be entitled an Act to amend Code Chapter 84-12, relating to establishing the State Board of Osteopathic Examiners, so as to provide that persons wishing to obtain a license to practice osteopathy in this State shall furnish satisfactory evidence of having completed one year of training as an intern in a hospital in good standing with the State Board of Osteopathic Examiners; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 555. By Mr. Jordan of the 103rd:
A Bill to be entitled an Act to provide the procedure which must be followed in order that counties might purchase real estate; and for other purposes.
Referred to the Committee on Judiciary.
HB 556. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st, and Jordan of the 103rd:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, the sheriff and the ordinary of Cobb County upon an annual salary, so as to provide for a minimum salary for the deputy sheriffs; and for other purposes.
Referred to the Committee on Local Affairs.
HR 257-556. By Mr. Chandler of the 47th: A Resolution compensating Lombard A. Nardi; and for other purposes.
Referred to the Committee on Appropriations.
HB 557. By Messrs. Egan of the 141st, Maddox of the 8th, Watkins of the 9th, Townsend of the 140th, Smith of the 114th and others: A Bill to be entitled an Act to repeal Code Chapter 59-4, relating to the requirement that grand juries inspect every orphanage, sanitarium, and all other similar facilities located within the county; and for other purposes.
Referred to the Committee on Judiciary.
HR 258-557. By Mr. Knapp of the 109th:
A Resolution compensating Mr. Walker Grinsted; and for other pur poses.
Referred to the Committee on Appropriations.
FRIDAY, FEBRUARY 4, 1966
929
HR 259-557. By Mr. Wilson of the 102nd:
A Resolution compensating A. L. Hyde and Harold Hyde; and for other purposes.
Referred to the Committee on Appropriations.
HR 260-557. By Mr. Wilson of the 102nd: A Resolution compensating Mr. Clyde Glore; and for other purposes.
Referred to the Committee on Appropriations.
HB 542. By Messrs. Richardson and Funk of the 116th, Gaynor of the 114th, Tye and Kiley of the 115th and Powers of the 113th:
A Bill to be entitled an Act to amend Code Section 47-101, relating to apportionment of the membership of the House of Representatives of the General Assembly of Georgia, so as to change the method of appor tioning membership in the House of Representatives for Chatham County; and for other purposes.
Mr. Richardson of the 116th moved that the Bill be engrossed.
On the motion to engross, the ayes were 106, nays 2. The motion to engross prevailed and the Speaker ordered HB 542 engrossed.
The Bill was referred to the Committee on Local Affairs.
HB 554. By Mr. Hood of the 124th:
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 a municipality located in more than one county when one or more such counties is a county in which liquor may be sold, stamps or retail liquor license may be sold to a resident of a munici pality residing in a county in which liquor may not be sold; and for other purposes.
Mr. Bagby of the 21st moved that the Bill be engrossed.
On the motion to engross, the ayes were 108, nays 2.
930
JOURNAL OF THE HOUSE,
The motion to engross prevailed and the Speaker ordered HB 554 engrossed.
The Bill was referred to the Committee on Temperance.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 470. By Messrs. Busbee, Odom, Hutchinson and Lee of the 79th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Albany, so as to authorize the city commissioners to designate the place for holding elections; and for other purposes.
HB 471. By Mr. Stovall of the 17th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the ordinary of Banks County, known as the fee system; and for other purposes.
HB 472. By Mr. Stovall of the 17th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Madison County, so as to provide that certain personnel personally objected to by the chairman shall not be employed by the board; and for other purposes.
HB 473. By Mr. Stovall of the 17th:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Banks County, known as the fee system; and for other purposes.
HB 474.: By Mr. Stovall of the 17th:
A Bill to be entitled an Act to abolish the present mode of compensating the clerk of the superior court of Banks County, known as the fee system; and for other purposes.
HR 224-474. By Mr. Funk of the 116th:
A Resolution proposing an amendment to the Constitution so as to pro vide for increased homestead exemption for each resident of Chatham County actually occupied by the owner as a residence and homestead; and for other purposes.
FRIDAY, FEBRUARY 4, 1966
931
HB 475. By Messrs. Overby, Williams and Wood of the 16th:
A Bill to be entitled an Act to add one additional Judge of the Superior Court for the Northeastern Judicial Circuit of Georgia, so as to provide for two judges in said court; and for other purposes.
HB 476. By Mr. Brackin of the 87th:
A Bill to be entitled an Act to fix, allow and provide for the compensa tion of the Sheriff of Seminole County; and for other purposes.
HB 477. By Mr. Brackin of the 87th:
A Bill to be entitled an Act to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Colquitt in the County of Miller, so as to change the corporate limits of said city; and for other purposes.
HB 478. By Mr. Lane of the 64th:
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 an annual salary, expense and mileage for members of the General Assembly; and for other purposes.
HB 479. By Mr. Nessmith of the 64th:
A Bill to be entitled an Act to repeal an Act creating an "Agricultural Commodities Authority"; and for other purposes.
HB 480. By Mr. Egan of the 141st:
A Bill to be entitled an Act to provide for personal jurisdiction over any non-domiciliary, or his executor or administrator, as to a cause of action arising from the transaction of business within the state, or the commission of a tortious act within the state, or owning, using or possessing real property situated within the state; and for other pur poses.
HR 225-480. By Messrs. Smith of the 114th, Tye of the 115th, Powers and Gignilliat of the 113th, Drew of the 116th and others:
A Resolution proposing an amendment to the Constitution so as to provide to the qualified voters of Chatham County an amendment to Article VII, Section I, Paragraph III, providing for tax equalization by authorizing levying of taxes other than taxes on real and personal property; and for other purposes.
HR 226-480. By Mr. Rainey of the 69th: A Resolution compensating Mr. John B. Porter; and for other purposes.
932
JOURNAL OF THE HOUSE,
HE 227-480. By Mr. Overby of the 16th: A Resolution compensating William T. Bell; and for other purposes.
HB 481. By Messrs. Vaughn of the 117th, Smith of the 54th, Blalock of the 33rd, Ware of the 42nd, Harris of the 118th, Steis of the 100th and Richardson of the 116th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt the sale of tangible personal property and services to certain private schools from the taxes imposed by said Act; and for other purposes.
HB 482. By Mr. Black of the 56th:
A Bill to be entitled an Act to fix the compensation of the clerk of the commissioners of roads and revenue of all counties having a certain population, to provide that such compensation shall be paid from county funds by the governing authorities of such counties; and for other purposes.
HB 483. By Mr. Black of the 56th:
A Bill to be entitled an Act to amend an Act abolishing the office of tax collector and tax receiver and creating the office of tax commis sioner in their stead, so as to change the compensation of the tax com missioner of Chattahoochee County; and for other purposes.
HB 484. By Mr. Black of the 56th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Chattahoochee County on an annual salary in lieu of the fee basis of compensation, so as to authorize the governing authority of Chatta hoochee County to fix the compensation of the sheriff within a certain salary range; and for other purposes.
HB 485. By Mr. Black of the 56th:
A Bill to be entitled an Act to provide that in all counties of this State having a certain population, the ordinaries of such counties shall be compensated on a salary basis in lieu of the fee system; and for other purposes.
HB 486. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act authorizing the chartering and empowering of corporations, and amending, revising and perfect ing the present corporation laws of the State, so as to provide that bonds issued by corporations may be signed with the facsimile signatures of the officers authorized to sign such bonds; and for other purposes.
FRIDAY, FEBRUARY 4, 1966
933
HB 487. By Messrs. Murphy of the 26th and Paris of the 23rd:
A Bill to be entitled an Act to amend Code Section 27-704, relating to the trial of certain defendants, so as to provide that defendants charged with violating the traffic laws of this may be tried upon accusations filed by the prosecuting officer of the court without the necessity of securing the defendant's waiver of indictment by the grand jury; and for other purposes.
HB 488. By Messrs. Newton of the 94th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th and Herndon of the 74th:
A Bill to be entitled an Act to be entitled "Department of Agriculture Registration, License and Permit Act"; to require persons applying to the Department of Agriculture for the State of Georgia for registra tion, to designate a place where the applicant may be personally served with legal process; and for other purposes.
HB 489. By Messrs. Richardson of the 116th, Gignilliat and Powers of the 113th, Smith of the 114th, Tye and Kiley of the 115th:
A Bill to be entitled an Act to amend an Act incorporating Garden City, so as to confer upon the mayor and the councilmen additional powers; and for other purposes.
HR 228-489. By Messrs. Carley of the 117th and Harris of the 118th:
A Resolution compensating James R. Everett and the Minnesota Min ing and Manufacturing Company; and for other purposes.
HB 490. By Messrs. Bedgood and Matthews of the 29th:
A Bill to be entitled an Act to place the sheriff of Clarke County upon an annual salary; and for other purposes.
HB 491. By Messrs. Bedgood and Matthews of the 29th:
A Bill to he entitled an Act to amend an Act providing for the merger of the independent school system of the Mayor and Council of the City of Athens and the existing school district of Clarke County, so as to pro vide that no educational tax shall be levied at a rate in excess of 20 mills; and for other purposes.
HB 492. By Messrs. Matthews and Bedgood of the 29th:
A Bill to be entitled an Act to amend an Act relating to the charter of the Town of Athens, so as to authorize the appointment of Deputy Registrars; and for other purposes.
934
JOURNAL OF THE HOUSE,
HB 493. By Messrs. Matthews and Bedgood of the 29th:
A Bill to be entitled an Act to fix the compensation of the treasurer of Clarke County; and for other purposes.
HB 494. By Messrs. Sherman and DeLong of the 105th, Fleming and Simkins of the 106th, Hull and Snellings of the 104th:
A Bill to be entitled an Act to amend an Act authorizing the establish ment of law libraries in courts in certain counties, so as to authorize an assistant for the official operating such libraries; and for other purposes.
HR 229-494. By Mr. Maddox of the 8th: A Resolution compensating Mr. Joe B. Bunch; and for other purposes.
HR 230-494. By Mr. Maddox of the 8th:
A Resolution compensating Mr. William Walraven; and for other pur poses.
HR 231-494. By Mr. Maddox of the 8th:
A Resolution compensating Easter Faye Garrett; and for other pur poses.
HR 232-494. By Mr. Matthews of the 29th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local act for the creation of a Charter Commission to study the consolidation of the government of the mayor and council of the City of Athens and Clarke County; and for other purposes.
HB 495. By Mr. Lambert of the 38th:
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 fed eral, State, county or municipal police or fire department; and for other purposes.
HB 496. By Messrs. Pickard of the 112th, Richardson of the 116th, Odom of the 79th, Shields of the lllth and others:
A Bill to be entitled an Act to amend an Act relating to the negotiation of highway contracts by the State Highway Director and the State Highway Department, so as to provide for the negotiation of such con tracts with incorporated municipalities when such contracts are deemed to be in the interest of the public; and for other purposes.
FRIDAY, FEBRUARY 4, 1966
935
HB 497. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Jordan of the 103rd:
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 provide that the charge for licenses issued for certain business activities within Cobb County shall be limited to actual expenses incurred in issuing such licenses; and for other purposes.
HR 233-497. By Messrs. Richardson and Drew of the 116th, Tye and Kiley of the 115th, Gignilliat and Powers of the 113th, Smith and Gaynor of the 114th:
A Resolution adopting a new song "Georgia-Georgia" as the official State Song; and for other purposes.
HB 498. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend an Act relating to the sale of admission tickets to athletic contests of the colleges of the university system of Georgia, so as to strike the provision making it unlawful to sell admission tickets anywhere except places designated by the athletic authorities of the college issuing said tickets; and for other purposes.
HB 499. By Mr. Black of the 56th:
A Bill to be entitled an Act to provide that in all counties of this State having a certain population the governing authorities of such counties shall furnish the Sheriff of said counties firearms and ammunition and a two-way radio for the sheriff's office; and for other purposes.
HB 500. By Messrs. Matthews of the 94th and Overby of the 16th:
A Bill to be entitled an Act to provide a supplemental appropriation, pursuant to the provisions of Sections 9 and 13 of the Employment Security Law, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this State's account in the Unemployment Trust Fund, for the purpose of providing suitable offices for use by the Employment Security Agency in the Department of Labor and for the procurement of lands and buildings therefor; and for other purposes.
HB 501. By Messrs. Snellings and Hull of the 104th, DeLong and Sherman of the 105th, Fleming and Simkins of the 106th:
A Bill to be entitled an Act to amend an Act regulating public instruc tion in the County of Richmond, so as to change the compensation of the members, president and vice-president, of the board of education; and for other purposes.
936
JOURNAL OF THE HOUSE,
HB 502. By Messrs. Elliott of the 107th, Knapp, Stewart, Wilson and Jones of the 109th, and Bryant of the 108th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Macon, in and for the County of Bibb, so as to change the name of the city court of Macon; and for other purposes.
HB 503. By Messrs. Elliott of the 107th, Knapp, Stewart, Wilson and Jones of the 109th, and Bryant of the 108th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Macon, in and for the County of Bibb, so as to provide for the estab lishment of a court probation office, the appointment of probation officers and other assistants, to provide duties of said probation offi cers; and for other purposes.
HB 504. By Mr. Smith of the 54th:
A Bill to be entitled an Act to amend an Act incorporating the City of Swainsboro, so as to provide for the qualifications and registration of voters; and for other purposes.
HR 240-504. By Mr. Smith of the 54th:
A Resolution compensating Mr. J. Dewey Williams; and for other purposes.
HR 241-504. By Mr. Vaughan of the 117th:
A Resolution proposing an amendment to the Constitution so as to increase the debt limitation of Rockdale County; and for other pur poses.
HR 242-504. By Messrs. Story and Watson of the 22nd:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Gwinnett County to establish and administer fire protection districts and sewerage districts in said county; and for other purposes.
HB 505. By Mr. Anderson of the 71st:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Pulaski County upon an annual salary in lieu of the fee system, so as to provide that ordinary shall be entitled to receive fees, which are pay able to local custodians of vital statistics in the event said ordinary is designated local custodian of vital statistics; and for other purposes.
FRIDAY, FEBRUARY 4, 1966
937
HB 506. By Mr. Anderson of the 71st:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Pulaski County upon an annual salary in lieu of the fee system, so as to provide that the clerk shall receive an allowance payable from the funds of Pulaski County for assistance rendered to the Board of Tax Assessors of Pulaski County; and for other purposes.
HB 507. By Messrs. Overby, Wood and Williams of the 16th:
A Bill to be entitled an Act to incorporate and to grant a new charter to the City of Oakwood; and for other purposes.
HB 508. By Messrs. Lea of the 126th and Gary of the 35th:
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 509. By Messrs. Smith of the 3rd, Steis of the 100th, Jones of the 112th, Hawkins of the 139th, Smith of the 114th, Hale of the 1st, and Richard son of the 116th:
A Bill to be entitled an Act to be known as the "Water Resources and Planning Act"; to provide a statement of policy and the intent of said Act; to create within the executive branch of government the Georgia Department of Water Resources; to create a Georgia Water Resources Commission; and for other purposes.
SB 86. By Senators Webb of the llth, Rowan of the 8th, Spinks of the 9th and others:
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 Sena tors in those Senatorial Districts consisting of less than one county to be elected by all voters of the county in which the district is located; 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 48. By Senator Yancey of the 33rd:
A Bill to prohibit the advertisement of alcoholic beverages; and for other purposes.
938
JOURNAL OF THE HOUSE,
SB 127. By Senators Yancey of the 33rd, Kilpatrick of the 44th and Edenfield of the 4th:
A Bill to provide that the judge or judges of every court of this State having jurisdiction of the violation of traffic laws or traffic ordinances, which violations occur outside corporate limits of municipalities, may provide by written order for the establishment of a Traffic Violations Bureau; and for other purposes.
SB 90. By Senators Smalley of the 28th and Gayner of the 5th:
A Bill to amend Code Chapter 84-11, relating to the practice of optometry, as amended, particularly by an Act approved March 22, 1963, (Ga. Laws 1963, p. 214) ; to repeal conflicting laws; and for other purposes.
SB 19. 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" to provide for taxing on alcoholic beverages in municipalities; and for other purposes.
SB 46. By Senators Kendrick of the 32nd and Coggin of the 35th:
A Bill to amend an Act regulating the occupation of cosmetology and creating the Ga. State Board of Cosmetology, as amended; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on State of Republic and recommitted to the Committee on Agriculture:
HB 346. By Mr. Wilson of the 109th:
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 a personal exemption of $1200. for each dependent of the taxpayer's net income if such dependent attends a school for the physically handicapped; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and recommitted to the Committee on Local Affairs:
HB 494. By Messrs. Sherman and DeLong of the 105th, Fleming and Simkins of the 106th and Hull and Snellings of the 104th:
A Bill to be entitled an Act to amend an Act authorizing the establish ment of law libraries in courts in certain counties; and for other pur poses.
FRIDAY, FEBRUARY 4, 1966
939
Mr. Newton of the 94th District, 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 479. Do Pass.
HB 193. Do Pass by Committee Substitute.
HB 346. Do Pass.
Respectfully submitted,
Newton of 94th, Chairman.
Mr. Smith of the 3rd District, 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 551. Do Pass. Respectfully submitted, Smith of 3rd, Chairman.
Mr. Brinkley of the 112th District, 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 204-435. Do Pass. HR 205-435. Do Pass. HR 209-438. Do Pass. HR 215-454. Do Pass. HR 216-461. Do Pass.
940
JOURNAL OF THE HOUSE,
HR 217-461. Do Pass. HE 218-461. Do Pass. HR 220-467. Do Pass. HR 221-467. Do Pass. HR 223-467. Do Pass. HR 225-480. Do Pass. HR 242-504. Do Pass. HR 186-399. Do Pass as Amended. HR 185-399. Do Pass as Amended. HR 206-435. Do Pass as Amended. HR 222-467. Do Pass as Amended. HB 445. Do Pass as Amended. HB 446. Do Pass as Amended. HB 413. Do Pass. HB 424. Do Pass. HB 425. Do Pass. HB 427. Do Pass. HB 428. Do Pass. HB 432. Do Pass. HB 433. Do Pass. HB 434. Do Pass. HB 435. Do Pass. HB 444. Do Pass. HB 447. Do Pass. HB 448. Do Pass. HB 450. Do Pass. HB 451. Do Pass. HB 452. Do Pass. HB 454. Do Pass. HB 453. Do Pass. HB 455. Do Pass. HB 456. Do Pass. HB 457. Do Pass.
HB 458. Do Pass.
FRIDAY, FEBRUARY 4, 1966
941
HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB
HB HB
459. Do Pass. 460. Do Pass. 465. Do Pass. 466. Do Pass. 467. Do Pass. 470. Do Pass. 472. Do Pass. 473. Do Pass. 476. Do Pass. 477. Do Pass. 482. Do Pass. 483. Do Pass. 484. Do Pass. 485. Do Pass. 489. Do Pass. 490. Do Pass. 491. Do Pass. 492. Do Pass. 493. Do Pass. 497. Do Pass. 499. Do Pass. 501. Do Pass. 502. Do Pass. 503. Do Pass. 504. Do Pass. 505. Do Pass. 506. Do Pass. 507. Do Pass.
329. Do Pass. 392. Do Pass. 393. Do Pass. 394. Do Pass.
Respectfully submitted, Brinkley of 112th, Chairman.
942
JOURNAL OF THE HOUSE,
Mr. Busbee of the 79th District, 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 481. Do Pass.
Respectfully submitted,
Busbee of 79th,
Vice-Chairman.
Mr. Chandler of the 47th District, 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 Bill and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HB 321. Do Pass by Committee Substitute. HR 157-338. Do Pass by Committee Substitute.
Respectfully submitted, Chandler of 47th, Chairman.
Mr. Bagby of the 21st District, 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 314. HB 302. HB 303. HB 221.
Do Pass. Do Pass. Do Pass. Do Not Pass.
Respectfully submitted,
Bagby of 21st,
Chairman.
FRIDAY, FEBRUARY 4, 1966
943
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 395. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, as amended, so as to provide for the removal of the city manager by the mayor and council by resolution; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 400. By Messrs. Vaughn of the 117th, Malone, Palmer and Carley of the 117th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Rockdale, as amended, so as to authorize the commissioner to appoint an executive assistant for the purpose of assisting the 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 401. By Messrs. Vaughn, Palmer and Carley of the 117th: A Bill to be entitled an Act to amend an Act creating the office of commissioner of roads and revenues for Rockdale County, as amended, so as to change the compensation of the commissioner of roads and revenues of Rockdale County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
944
JOURNAL OP THE HOUSE,
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 402. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th: A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Rockdale County, known as the fee system; to provide in lieu thereof a fixed 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 403. By Messrs. Carr and Rowland of the 48th:
A Bill to be entitled an Act to amend an Act incorporating the City of Sandersville, as amended, so as to abolish the Water and Light Com mission; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 407. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, sheriff, and tax commissioner of Mclntosh County upon an annual salary, as amended; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
FRIDAY, FEBRUARY 4, 1966
945
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 409. By Mr. Smith of the 54th: A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Emanuel County, Georgia, known as the fee system; to provide for 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 411. By Mr. McCracken of the 49th:
A Bill to be entitled an Act to amend the Charter of the City of Wadley, Georgia, by providing for the opening of registration books for certain days; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 412. By Mr. Grahl of the 52nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fort Valley, as amended, so as to provide maximum salaries for the mayor, recorder, city councilmen, chairman of the utility commission and members of the utility commission; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
946
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 414. By Mr. Colwell ol the 5th:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Lumpkin 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 415. By Mr. Clark of the 2nd:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Catoosa 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 417. By Mr. Thomas of the 77th:
A Bill to be entitled an Act to provide for additional terms of the superior court of Wayne County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
FRIDAY, FEBRUARY 4, 1966
947
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 422. By Mr. Williams of the 82nd:
A Bill to be entitled an Act to amend an Act creating a charter for the city of Douglas, as amended, to extend 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 445. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Courts of the Chattahoochee Judicial Circuit, as applied to the office of solicitor general; and for other purposes.
The following Committee amendment was read and adopted:
Committee on Local Affairs of the House moves to amend HB 445, as follows:
By adding at the end of the quoted Section 2 (a) in Section 2 a new sentence, to read as follows:
"The assistant solicitor general authorized pursuant to this section shall devote his full time to the duties of his office and shall not otherwise engage in the practice of law during his tenure of office."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
948
JOURNAL OF THE HOUSE,
HB 446. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th and Shields ,#nd Thompson of the lllth:
A Bill to be entitled an Act to amend an Act relating to the establish ment of a City Court in the City of Columbus for Muscogee County, so as to change the salary of the judges and solicitor of said court; and for other purposes.
The following Committee amendment was read and adopted:
Committee on Local Affairs moves to amend HB 446 as follows:
By striking the figure in Section 1 which reads $17,500 and insert the figure $16,500.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 392. By Mr. Smith of the 44th: A Bill to be entitled an Act to amend an Act fixing the salary for the commissioners of Roads and Revenues of Pike County, so as to increase 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 393. By Mr. Smith of the 44th:
A Bill to be entitled an Act to amend an Act fixing the salary of the Clerk of the Board of Commissioners of Roads and Revenues of Pike County, so as to change the compensation of the Clerk; and for other purposes.
FRIDAY, FEBRUARY 4, 1966
949
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 394. By Mr. Smith of the 44th: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Zebulon, 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 329. By Mr. Ware of the 42nd: 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 413. By Messrs. Dillon of the 128th, Hawkins of the 139th, Hood of the 124th 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.
950
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 424. By Mr. Land of the 53rd:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Twiggs 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 425. By Mr. Stovall of the 17th:
A Bill to be entitled an Act to amend an Act changing the mode of compensating the clerk of the superior court, the ordinary, the tax commissioner and coroner of Madison 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 427. By Messrs. Lewis and Newton of the 50th:
A Bill to be entitled an Act to change the terms of the Superior Court of Burke County; and for other purposes.
FRIDAY, FEBRUARY 4, 1966
951
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 428. By Mr. Webb of the 65th:
A Bill to be entitled an Act to amend the Act incorporating the City of Guyton, so as to fix the date for the taking of the office of Mayor and Council-elect; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 432. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th and Snellings of the 104th:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, so as to provide for a more equitable method of making assessments for street improvements; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 433. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th and Snellings of the 104th:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, so as to authorize the city council of Augusta to maintain on the streets a system of sprinkling; and for other purposes.
952
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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 434. By Mr. McCracken of the 49th:
A Bill to be entitled an Act to abolish the present mode of compensating the Coroner of Jefferson 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 435. By Mr. McCracken of the 49th:
A Bill to be entitled an Act to amend an Act creating the office of treasurer for the county of Jefferson, so as to change the salary 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 444. By Mr. Reeves of the 99th:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Brooks County, known as the fee system; and for other purposes.
FRIDAY, FEBRUARY 4, 1966
953
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 447. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, and Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act establishing the salary of the Sheriff of Muscogee County, so as to change the salary of said 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 448. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth: A Bill to be entitled an Act to amend the Act abolishing the offices of tax receiver and tax collector of Muscogee County, so as to change the compensation to be paid said Tax Commissioner; 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 450. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the lllth:
A Bill to be entitled an Act to amend an Act establishing a salary for the clerk of the superior court of Muscogee County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
954
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 451. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act establishing the salary of the ordinary of Muscogee County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 452. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th and Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act abolishing justice courts and offices of justice of the peace and notary public ex officio justices of the peace and establishing in lieu thereof a municipal court for the City of Columbus and County of Muscogee; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 453. By Mr. Houston of the 84th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Pierce County on an annual salary in lieu of the fee basis of compensa tion, so as to change the salary 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 4, 1966
955
HB 454. By Mr. Houston of the 84th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Blackshear, so as to change the method of electing alder men; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 455. By Mr. Irvin of the llth:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Cornelia, so as to clarify the provisions of the charter of the City of Cornelia relating to the election of a member of the City Commission from Ward No. One; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 456. By Mr. Irvin of the llth:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Cornelia, so as to eliminate the limitation on the amount of salary per annum which may be paid 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
956
JOURNAL OF THE HOUSE,
HB 457. By Mr. Irvin of the llth:
A Bill to be entitled an Act relating to the incorporation of the City of Cornelia, so as to grant the power of eminent domain for the purpose of acquiring- lands, easements, rights in lands and water rights for public purposes and constructing water and sewer systems without the corporate limits of the City of Cornelia; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 458. By Mr. Irvin of the llth:
A Bill to be entitled an Act to amend an Act establishing the City Court of Habersham County, so as to change the compensation of the judge and solicitor 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 459. By Mr. Irvin of the llth:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Cornelia, so as to provide for the payment of monthly salaries to the members of the City Commission elected to serve as mayor and other members of the City commission; 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 4, 1966
957
HB 460. By Messrs. Elliott of the 107th, Wilson, Stewart and Knapp of the 109th:
A Bill to be entitled an Act to amend an Act providing a pension and/ or retirement plan and fund for certain employees of Bibb County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 465. By Mr. Collins of the 88th:
A Bill to be entitled an Act to change the terms of the Superior Court of Mitchell 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 466. By Mr. Collins of the 88th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Mitchell 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 467. By Mr. Tucker of the 36th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the members of the Board of Education of Henry County; and for other purposes.
958
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 204-435. By Mr. Hale of the 1st.
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide that new manufacturing or processing plants and additions to or enlarge ments of existing manufacturing or processing plants and all machinery and equipment purchased or obtained to equip such plants, and additions to or enlargements of existing manufacturing or processing plants shall be exempt from all ad valorem taxation for which the governing au thorities of Bade County or any municipality therein are authorized to levy for county, municipal and school purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section I, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following:
"(a) Any new plant for the manufacture or processing of any properties constructed or established in Dade County after January 1, 1966 and prior to January 1, 1970;
"(b) Any additions to or enlargements of existing plants for the manufacture or processing of any properties constructed or established in Dade County after January 1, 1966 and prior to January 1, 1970; and
"(c) All new machinery and equipment or additional machinery and equipment purchased or obtained for equipping said plants or the additions to or enlargements thereof after January 1, 1966 and prior to January 1, 1970; shall be exempt from all ad valorem taxation for which the governing authorities of Dade County or any municipality therein are authorized to levy for county, munici pal and school purposes for a period of five years:
"(a) From the date of completion of construction or of the establishment of any such new plant for the manufacture or processing of any properties; or
FRIDAY, FEBRUARY 4, 1966
959
"(b) From the date of completion of any such additions to or enlargements of existing plants for the manufacture or processing of any properties; or
"(c) From the date of locating any new machinery or equip ment or additional machinery or equipment purchased or obtained for equipping in said plants or additions to or enlargements thereof."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide that new manufacturing or processing plants and additions to or enlargements of existing manufacturing or processing plants and all machinery and equip ment purchased or obtained to equip such plants, and additions to or enlargements of existing manufacturing
NO ( ) or processing plants shall be exempt from all ad valorem taxation for which the governing authorities of Dade County or any municipality therein are au thorized to levy for county, municipal and school purposes?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The 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:
Abney Adams Alien Anderson
Barber Bean Bedgood Berry
Blair Blalock Bowen Brackin
960
Brinkley Brown, B. D. Brown, C. Bryant Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Colwell Conger Cook Cox Crowe Dailey Davis Dean DeLong Dillon Dixon Dollar Doster Drew Egan Elliott Evensen Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Henderson Herndon Higginbotham Hill Holder Hood
JOURNAL OP THE HOUSE,
Houston Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C.
Knapp Lambert
Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox M alone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C.
Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson
Phillips Powers Reaves Reid Richardson Roach Ross Rowland
Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow
Spikes Spillers Stalnaker Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs. :
Alexander Bagby Barfield
Bennett Black Brantley
Brown, M. P. Busbee Caldwell
Clark, J. T. Collins, J. F. Collins, M. Conner Daugherty Dickinson Dorminy Duncan Etheridge Farrar Grahl Harris, J. R. Harris, R. W.
FRIDAY, FEBRUARY 4, 1966
961
Harrison Hawkins Howard Jones, G. Paul Jordan, W. H. Kiley Knight Land Lane Lovett McClatchey Mitchell Moore, J. H.
Nessmith, P. Pickard Rainey Rush Russell Smith, A. B. Starnes Sullivan Townsend Ware Watkins Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 205-435. By Messrs. Williams and Overby of the 16th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the county school superintendent of Hall County shall be appointed by the Board of Education of Hall County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VIII, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"The county school superintendent of Hall County shall be appointed by the Board of Education of Hall County, The county school superintendent serving at the time of the ratification of this amendment shall continue to serve out that term of office to which he was elected. At the expiration of said term of office, the Board of Education of Hall County shall appoint a successor who shall serve at the pleasure of the board. The county school superintendent appointed by the Board of Education of Hall County shall be subject to all constitutional and statutory provisions relating to county school superintendents except those provisions which conflict with the provisions of this paragraph."
962
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 General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide that the county school superintendent of Hall County
NO ( ) shall be appointed by the Board of Education of Hall County?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Barber Bean Bedgood Berry Blair Blalock Bowen Brackin
Brinkley Brown, B. D. Brown, C. Bryant Byrd Carley Carnes Carr Cates Chandler Clarke, H. G. Colwell
Conger Cook Cox Crowe Dailey Davis Dean DeLong Dillon Dixon Dollar Doster
FRIDAY, FEBRUARY 4, 1966
963
Drew Egan Elliott Evensen Fleming Floyd Fulford Funk Gaissert Gary Gay nor Gignilliat Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Henderson Herndon Higginbotham Hill Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox M alone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L.
Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach
Ross Rowland Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. L. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Bagby Barfield Bennett Black Brantley Brown, M. P. Busbee Caldwell Clark, J. T. Collins, J. F.
Collins, M. Conner Daugherty Dickinson Dorminy Duncan Etheridge Farrar Grahl Harris, J. R. Harris, R. W.
Harrison Hawkins Howard Jones, G. Paul Jordan, W. H. Kiley Knight Land Lane Lovett McClatchey
964
Mitchell Moore, J. H. Nessmith, P. Pickard Rainey
JOURNAL OF THE HOUSE,
Rush Russell Smith, A. B. Starnes Sullivan
Townsend Ware Watkins Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 209-438. By Messrs. Evensen, Bean and Westlake of the 119th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of DeKalb County to appropriate public monies to support the activities of any private agency within DeKalb County which has been created for the purpose of providing a shelter for animals abandoned or lost within DeKalb County and to exercise the power of taxation therefor; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"Notwithstanding any other provisions of this Constitution to the contrary, the governing authority of DeKalb County is au thorized to appropriate public monies to support the activities of any private agency within such county which has been created for the purpose of providing a shelter for animals abandoned or lost within DeKalb County. The governing authority of DeKalb County is further authorized to exercise the power of taxation for the aforesaid 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 proposed amendment shall be nublished and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
FRIDAY, FEBRUARY 4, 1966
965
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of DeKalb County to ap propriate public monies to support the activities of
NO ( ) any private agency within DeKalb County which has been created for the purpose of providing a shelter for animals abandoned or lost within DeKalb County?"
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:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Barber Bean Bedgood Berry Blair Blalock Bowen Brackin Brinkley Brown, B. D. Brown, C. Bryant Byrd Carley Carnes Carr
Gates Chandler Clarke, H. G. Colwell Conger Cook Cox Crowe Dailey Davis Dean DeLong Dillon Dixon Dollar Doster Drew Egan Elliott Evensen
Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Henderson Herndon Higginbotham Hill Holder
966
JOURNAL OF THE HOUSE,
Hood Houston Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt
Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L.
Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rowland Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, J. R. Smith, V. T.
Smith, W. L. Snellings Snow Spikes Spillers
Stalnaker Steis Stewart
Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker
Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Bagby Barfield Bennett Black Brantley Brown, M. P. Busbee Caldwell Clark, J. T. Collins, J. F. Collins, M. Conner Daugherty Dickinson Dorminy
Duncan
Etheridge Farrar Grahl Harris, J. R. Harris, R. W. Harrison Hawkins Howard Jones, G. Paul
Jordan, W. H. Kiley Knight Land
Lane Lovett
McClatchey Mitchell Moore, J. H. Nessmith, P. Pickard Rainey Rush Russell Smith, A. B. Starnes Sullivan Townsend Ware Watkins Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
FRIDAY, FEBRUARY 4, 1966
967
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 215-454. By Messrs. Lovett and Knight of the 60th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to create the Dublin-Laurens School System by merging the independent school sys tem of the City of Dublin and the county school system of Laurens County; 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 VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"Effective at the time and in the manner provided hereinafter, there is hereby created the Dublin-Laurens School System by merg ing the independent school system of the City of Dublin and the county school system of Laurens County. There is hereby created the board of education of the Dublin-Laurens School System. Said board shall be composed of seven (7) members as follows: three members shall be residents of the City of Dublin; one member shall be a resident of the First Road District outside the corporate limits of the City of Dublin; one member shall be a resident of the Second Road District; one member shall be a resident of the Third Road District; and one member shall be from the County at Large. All members shall be elected by the voters of the entire county. For the purposes of this provision, the Road Districts shall remain as consti tuted at the time of the ratification of this amendment unless specifically provided otherwise by an Act of the General Assembly, relative to the Dublin-Laurens School System. The terms, compensa tion, manner of election, time of election, powers, duties, authority, and all other matters relative to said board shall be provided by law. The independent school system of the City of Dublin and the board of education thereof, and the county school system of Laurens County and the board of education thereof, shall continue to exist until July 1, 1967, on which date the Dublin-Laurens School System and the board of education thereof shall come into existence.
"The board shall elect the school superintendent of the DublinLaurens School System. The school superintendent of the indepen dent school system of the City of Dublin and the county school superintendent of the county school system of Laurens County shall continue to serve as such and such offices shall continue to exist until July 1, 1967, upon which date the office of school superintend ent of the Dublin-Laurens School System shall come into existence. The governing authority of Laurens County is hereby authorized
968
JOURNAL OP THE HOUSE,
to levy a tax for the support and maintenance of education of not more than 20 mills, but the provisions for removing or increasing such limitation shall be the same as provided in Article VIII, Section XII, Paragraph I of the Constitution, as amended. The governing authority shall levy the amount designated by the board of education.
"The General Assembly, at the regular 1967 session, shall pro vide by local law for all matters relative to the Dublin-Laurens School System, the board of education thereof, and the superinten dent thereof. The General Assembly may provide in such local law that such provisions of general law as deemed advisable, relative to county boards of education, county school superintendents and coun ty school systems, shall be applicable to the system, board and super intendent created herein. On the date provided for herein for the new system to come into existence, all property and facilities and all assets, debts and obligations of the two systems so merged shall become the property, facilities, assets, debts and obligations of the Dublin-Laurens School System. Even though the merged system and the board and the superintendent thereof shall not replace the present systems, boards and superintendents until July 1, 1967, the General Assembly is hereby authorized to provide for such matters as shall be necessary prior to that date, such as election of members, election by the board of the superintendent and other necessary or related matters. The General Assembly is hereby au thorized to amend any local law enacted pursuant to this amend ment. In the event the General Assembly at the 1967 session does not enact legislation pursuant to this amendment, the new system shall not come into existence on July 1, 1967, but shall come into existence on the first day of July immediately following the date on which legislation is enacted to implement this amendment. Until such time, the two systems to be merged and the offices connected therewith shall continue to exist in the same manner as if this amendment had not been 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 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 create the Dublin-Laurens County School System by merging the
NO ( ) independent school system of the City of Dublin and the county school system of Laurens 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".
FRIDAY, FEBRUARY 4, 1966
969
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 manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation
thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Barber Bean Bedgood Berry Blair Blalock Bowen Brackin Brinkley Brown, B. D. Brown, C. Bryant Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Colwell Conger Cook Cox Crowe Dailey Davis Dean DeLong Dillon Dixon Dollar
Doster Drew Egan Elliott Evensen Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Henderson Herndon Higginbotham Hill Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M.
Jordan, Ben C.
Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford
970
Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rowland Savage Sherman Shields Sims Simkins
JOURNAL OF THE HOUSE,
Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker
Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R.
Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander
Bagby Barfield Bennett Black Brantley Brown, M. P. Busbee Caldwell Clark, J. T. Colling, J. F. Collins, M. Conner Daugherty Dickinson Dorminy
Duncan Etheridge Farrar Grahl Harris, J. R. Harris, R. W. Harrison Hawkins Howard Jones, G. Paul Jordan, W. H. Kiley Knight Land Lane Lovett
McClatchey Mitchell Moore, J. H. Nessmith, P. Pickard Rainey Rush Russell Smith, A. B. Starnes Sullivan Townsend Ware Watkins Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 216-461. By Messrs. Elliott of the 107th and Wilson, Knapp and Stewart of the 109th: A RESOLUTION Proposing to the qualified voters of Bibb County an amendment to Article XI, Section I, Paragraph VI of the Constitution of Georgia,
FRIDAY, FEBRUARY 4, 1966
971
and as the same has heretofore been or contemporaneously with the ratification hereof is amended, revised or changed so as to empower the governing authority of Bibb County, without further authority than that provided hereby, to adopt, revise, amend and modify pension, disability and retirement plans to specify in part what may be included in such plans; and to authorize said governing authority to levy a tax to finance the same in whole or in part; to provide for submission of this amendment for ratification or rejection by the people affected; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY RESOLVED BY AUTHORITY OF THE SAME AS FOLLOWS:
SECTION 1
Article XI, Section I, Paragraph VI of the Constitution of Georgia, and as the same has heretofore been or contemporaneously with the ratification hereof is amended, revised or changed, shall be further amended by adding at the end thereof a new paragraph as follows:
"Provided, further, that the County of Bibb, through its governing authority, may without further authority than that provided hereby, may, in its discretion, adopt, revise, amend, and modify pension, disability and retirement plans for all or any persons elected or appointed, whether or not a county or state officer whose salary, wage or compensation is paid wholly or in part by the county, including appointees of the Judges of the Superior Court of Bibb County and appointees of other elected or appointed officials; and such plans may allow credit for services performed prior to the enactment of such plan or plans and may provide payments to dependents of such persons killed in the performance of duty. As a part of such plans, said governing authority may provide for insurance premiums for group life insurance as well as for group hospital, medical and surgical care or any combination thereof. Said governing authority is further authorized hereby to include such other terms and conditions in such plans as it shall deem to be in the public interest, and to support the same, shall be authorized to levy a tax to finance any part or all of such plans."
SECTION 2
When the above proposed amendment shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to empower the governing authority of Bibb County to adopt, revise,
972
JOURNAL OF THE HOUSE,
amend and modify pension, disability, and retirement plans and to levy a tax to pay therefor in whole or in part."
"Against ratification of amendment to the Constitution so as to empower the governing authority of Bibb County to adopt, revise, amend and modify pension, disability, and retirement plans and to levy a tax to pay therefore in whole or in part."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon and thereof.
GEORGIA, BIBB COUNTY,
Notice is hereby given that the County Board of Commissioners for the County of Bibb will apply for the passage and approval, at the 1966 Session of the General Assembly of Georgia, of legislation and constitutional amendments effecting Bibb County as follows:
1. An Act to create the Bibb County Water and Sewerage Authority and to define the powers and duties of such Authority; to provide for the issuance and refunding of Revenue Bonds; and for other purposes.
2. An Act to amend an Act of the General Assembly of Georgia Georgia Laws 1953 (November-December Session), pages 2907 et seq. establishing a Pension Plan for certain officials and employees by increasing the maximum age for participation from forty to fifty-five years; to make the plan available to present employees under certain conditions; to permit the exclusion of City Court of Macon officials and employees; to eliminate a requirement for the reduction of payments to disabled employees; and for other purposes.
3. A constitutional amendment to authorize the governing authority of Bibb County to adopt, revise, amend, and modify pension, disability and retirement plans and to levy a tax to finance the same; and for other purposes.
4. A constitutional amendment to authorize the governing authority of Bibb County to provide group life, hospital, surgical and medical insurance for its employees as therein defined and to levy a tax to finance the same; and for other purposes.
5. A constitutional amendment to authorize the governing authority of Bibb County to establish, maintain, alter and discontinue a system
FRIDAY, FEBRUARY 4, 1966
973
or systems of recreation and to levy a tax to finance the same; and for other purposes.
This 15th day of December, 1965.
E. S. SELL, JR., County Attorney 1-5, 22, 29.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Sewell Elliott who, on oath, deposes and says that he is Representative from the 107 District, and that the attached copy of Notice of Intention to Introduce Local Legisla tion was published in The Macon News which is the official organ of Bibb County, on the following dates: January 15, 22, 29, 1966.
James Sewell Elliott Representative, 107 District /s/ James Sewell Elliott
Sworn to and subscribed before me this 1 day of February, 1966.
,/s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Barber Bean Bedgood Berry Blair Blalock Bowen Brackin Brinkley Brown, B. D.
Brown, C. . Bryant
Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Colwell Conger Cook Cox Crowe
Dailey Davis Dean DeLong Dillon Dixon Dollar Doster Drew Egan Elliott Evensen Fleming Floyd
974
JOURNAL OF THE HOUSE,
Fulford Funk Gaissert
Gary Gaynor Gignilliat Grier Hadaway Hale Hamilton Harrell Harrington Harris Henderson Herndon Higginbotham Hill Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino
Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rowland Savage Sherman
Shields Sims Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Bagby Barfield Bennett Black Brantley Brown, M. P. Busbee Caldwell Clark, J. T. Collins, J. F. Collins, M.
Conner Daugherty Dickinson Dorminy Duncan Etheridge Farrar Grahl Harris, J. R. Harris, R. W. Har risen Hawkins
Howard Jones, G. Paul Jordan, W. H. Kiley Knight Land Lane Lovett McClatchey Mitchell Moore, J. H. Nessmith, P.
Pickard Rainey Rush Russell
FRIDAY, FEBRUARY 4, 1966
975
Smith, A. B. Starnes Sullivan Townsend
Ware Watkins Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 217-461. By Messrs. Elliott of the 107th and Knapp, Wilson and Stewart of the 109th:
A RESOLUTION
Proposing to the qualified voters of Bibb County an amendment to Article VII, Section IV, Paragraph I of the Constitution of Georgia, and as the same has heretofore been or contemporaneously with the ratification hereof is amended, revised or changed, so as to empower the governing authority of Bibb County, without further authority than that provided hereby, to establish, maintain, alter, and discontinue a system or systems of recreation; to pay the cost thereof; and to levy a tax to finance the same; to provide for the submission of this amend ment for ratification or rejection by the people affected; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA and it is hereby resolved by authority of the same as follows:
SECTION 1
Article VII, Section IV, Paragraph I of the Constitution of Georgia, and as the same has heretofore been or contemporaneously with the ratification hereof is amended, revised or changed shall be further amended by adding at the end thereof the following:
"Provided, however, that the governing authority of Bibb Coun ty is hereby empowered, without further authority, to establish, maintain, alter, and discontinue a system or systems of recreation and to pay the cost thereof; and to that end, said governing author ity is herewith authorized and empowered to levy a tax to finance the same."
SECTION 2
When the above proposed amendment shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
976
JOURNAL OF THE HOUSE,
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to empower the governing authority of Bibb County to establish, main tain, alter and discontinue a system or systems of recreation and to levy a tax to pay the cost thereof."
"Against ratification of amendment to the Constitution so as to empower the governing authority of Bibb County to establish, maintain, alter and discontinue a system or systems of recreation and to levy a tax to pay the cost thereof."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon and thereof.
GEORGIA, BIBB COUNTY.
Notice is hereby given that the County Board of Commissioners for the County of Bibb will apply for the passage and approval, at the 1966 Session of the General Assembly of Georgia, of legislation and consti tutional amendments affecting Bibb County as follows:
1. An Act to create the Bibb County Water and Sewerage Author ity and to define the powers and duties of such Authority; to provide for the issuance and refunding of Revenue Bonds; and for other pur poses.
2. An Act to amend an Act of the General Assembly of Georgia (Georgia Laws 1953, November-December Session), pages 2907 et seq. establishing a Pension Plan for certain officials and employees by in creasing the maximum age for participation from forty to fifty-five years; to make the plan available to present employees under certain conditions; to permit the exclusion of City Court of Macon officials and employees; to eliminate a requirement for the reduction of pay ments to disabled employees; and for other purposes.
3. A constitutional amendment to authorize the governing authority of Bibb County to adopt, revise, amend, and modify pension, disability and retirement plans and to levy a tax to finance the same; and for other purposes.
4. A constitutional amendment to authorize the governing author ity of Bibb County to provide group life, hospital, surgical and medical
FRIDAY, FEBRUARY 4, 19CG
977
insurance for its employees as therein defined and to levy a tax to finance the same; and for other purposes.
5. A constitutional amendment to authorize the governing authority of Bibb County to establish, maintain, alter and discontinue a system or systems of recreation and to levy a tax to finance the same; and for other purposes.
This 15th day of December, 1965.
E. S. Sell, Jr., County Attorney 1-5, 22, 29.
GEORGIA, FULTON COUNTY.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Sewell Elliott, who, on oath, de poses and says that he is Representative from the 107 District, and that the attached copy of Notice of Intention to Introduce Local Legis lation was published in The Macon News, which is the official organ of Bibb County, on the following dates: January 15, 22, 29, 1966.
/s/ James Sewell Elliott Representative, 107 District
Sworn to and subscribed before me this 1 day of February, 1966.
/s/ Priscilla Sexton Notary Public, Georgia, State at Large. My Commission expires Jan. 2, 1970. (Seal).
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Barber Bean Bedgood
Berry Blair Blalock Bowen Brackin Brinkley Brown, B. D.
Brown, C. Bryant Byrd Carley Games Carr Gates
978
JOURNAL OF THE HOUSE,
Chandler Clarke, H. G. Colwell Conger Cook Cox Crowe Dailey Davis Dean DeLong Dillon Dixon Dollar Doster Drew Egan Elliott Evensen Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Henderson Herndon Higginbotham Hill Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, Dr. A. S.
Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reaves
Reid Richardson Roach Ross Rowland Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker
Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Bagby Barfield Bennett
Black
Brantley Brown, M. P. Busbee Caldwell Clark, J. T.
Collins, J. F. Collins, M. Conner Daugherty Dickinson
FRIDAY, FEBRUARY 4, 1966
979
Dorminy Duncan Etheridge Farrar Grahl Harris, J. R. Harris, R. W. Harrison Hawkins Howard Jones, G. Paul
Jordan Kiley Knight Land Lane Lovett McClatchey Mitchell Moore, J. H. Nessmith, P. Pickard
Rainey Rush Russell Smith, A. B. Starnes Sullivan Townsend Ware Watkins Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 218-461. By Messrs. Elliott of the 107th and Wilson, Stewart and Knapp of the 109th:
A RESOLUTION
Proposing to the qualified voters of Bibb County an amendment to Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia of 1945, and as the same has been heretofore or contempo raneously with the ratification hereof amended, so as to empower the governing authority of Bibb County to pay, in whole or in part, and as from time to time determined, and to levy an ad valorem tax therefor, insurance premiums for group life insurance, as well as for group hospital, surgical and medical care (either, all or any combination of the same as the governing authority may, from time to time decide) for employees; to define the meaning of "employees"; to provide for submission of this amendment for ratification or rejection by the people affected; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Be it resolved by the General Assembly of Georgia, and it is so resolved by such authority that Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, and as the same has been here tofore amended or may, contemporaneously with the ratification hereof, be amended, is hereby further amended by adding at the end thereof a new subparagraph to read:
"Provided, however, that the governing authority of Bibb Coun ty may, in its discretion and without further authority than pro vided herein and by ratification hereof, pay and levy an ad valorem
980
JOURNAL OP THE HOUSE,
tax for paying, in whole or in part, and in such proportions as such governing authority may from time to time determine, insurance premiums for group hospital, surgical and medical care (including but not limited to major medical insurance) as well as for group life insurance (either, all or any combination of the same as said governing authority may, from time to time decide) for employees of Bibb County; "employees", as used herein, to include all persons actively employed in the full time service of the county (limited temporary service excluded) upon the effective date of this amend ment and thereafter, and whose salary, wage or compensation is paid by the county and by check of the treasurer of the county whether payable directly to the recipient or to another for trans mission or distribution, and whether appointed by the governing authority or by an elected or appointed official and including ap pointees of the Judges of the Superior Court in and for Bibb County and including elective officials of Bibb County, but excluding court bailiffs who serve on a per diem basis."
SECTION 2
Be it further resolved that when the above proposed amendment shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to empower the governing authority of Bibb County to levy a tax to pay or contribute to the payment of insurance premiums for group life insurance, as well as for group hospital, surgical and medical care for employees."
"Against ratification of amendment to the Constitution so as to empower the governing authority of Bibb County to levy a tax to pay or contribute to the payment of insurance premiums for group life insurance, as well as for group hospital, surgical and medical care for employees."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon and thereof.
FRIDAY, FEBRUARY 4, 1966
981
GEORGIA, BIBB COUNTY.
Notice is hereby given that the County Board of Commissioners for the County of Bibb will apply for the passage and approval, at the 1966 Session of the General Assembly of Georgia, of legislation and consti tutional amendments affecting Bibb County as follows:
1. An Act to create the Bibb County Water and Sewerage Authority and to define the powers and duties of such Authority; to provide for the issuance and refunding of Revenue Bonds; and for other purposes.
2. An Act to amend an Act of the General Assembly of Georgia (Georgia Laws 1953, November-December Session), pages 2907 et seq. establishing a Pension Plan for certain officials and employees by in creasing the maximum age for participation from forty to fifty-five years; to make the plan available to present employees under certain conditions; to permit the exclusion of City Court of Macon officials and employees; to eliminate a requirement for the reduction of payments to disabled employees; and for other purposes.
3. A constitutional amendment to authorize the governing authority of Bibb County to adopt, revise, amend, and modify pension, disability and retirement plans and to levy a tax to finance the same; and for other purposes.
4. A constitutional amendment to authorize the governing authority of Bibb County to provide group life, hospital, surgical and medical insurance for its employees as therein defined and to levy a tax to fi nance the same; and for other purposes.
5. A constitutional amendment to authorize the governing author ity of Bibb County to establish, maintain, alter and discontinue a system or systems of recreation and to levy a tax to finance the same; and for other purposes.
This 15th day of December, 1965.
E. S. Sell, Jr., County Attorney 1-5, 22, 29.
GEORGIA, FULTON COUNTY.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Sewell Elliott, who, on oath, de poses and says that he is Representative from the 107 District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Macon News, which is the official organ of Bibb County, on the following dates: January 15, 22, 29, 1966.
/a/ James Sewell Elliott Representative, 107 District
Sworn to and subscribed before me this 1 day of February, 1966.
/s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal).
982
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Barber Bean Bedgood Berry Blair Blalock Bowen Brackin Brinkley Brown, B. D. Brown, C. Bryant Byrd Carley Games Carr Gates Chandler Clarke, H. G. Colwell Conger Cook Cox Crowe Dailey Davis Dean DeLong Dillon Dixon Dollar Doster Drew Egan Elliott Evensen Fleming Floyd Fulford Funk Gaissert
Gary Gaynor Gignilliat Grier Hadaway Hale Hamilton Harrell Harrington Harris Henderson Herndon Higginbotham Hill Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken
McDaniell Melton Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rowland
Savage Sherman Shields Sims Simkins Smith, G. L. II
Smith, J. R. Smith, V. T. Smith, W. L.
Snellings Snow Spikes Spillers Stalnaker
Steis Stewart Story
FRIDAY, FEBRUARY 4, 1966
983
Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye
Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake
Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Bagby Barfield Bennett Black Brantley Brown, M. P. Busbee Caldwell Clark, J. T. Collins, J. F. Collins, M. Conner Daugherty Dickinson Dorminy
Duncan Etheridge Farrar Grahl Harris, J. R. Harris, R. W. Harrison Hawkins Howard Jones, G. Paul Jordan, W. H. Kiley Knight Land Lane Lovett
McClatchey Mitchell Moore, J. H. Nessmith, P. Pickard Rainey Rush Russell Smith, A. B. Starnes Sullivan Townsend Ware Watkins Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 220-467. By Messrs. Wilson of the 102nd, McDaniell and Howard of the 101st and Jordan of the 103rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the City of Marietta, in addition to all other debts which the city is authorized to incur and in addition to all debt limitations imposed upon said city, to incur additional indebtedness not to exceed seven per cent (7%) of the assessed value of all taxable property located in said city for school purposes only; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
984
JOURNAL OF THE HOUSE,
SECTION 1
Article VII, Section VII, Paragraph I of the Constitution is hereby
amended by adding at the end thereof a new paragraph to read as fol lows:
"In addition to all other debts which the City of Marietta is authorized to incur, and in addition to the debt limitations imposed
upon said city by the provisions of this Constitution, the City of Marietta shall be authorized to incur an additional debt not to exceed seven per cent (7%) of the assessing value of all the taxable property located in said city for school purposes only. Provided, however, that there shall be included all outstanding indebtedness which has been incurred by the City of Marietta for school purposes at the time of the ratification of this amendment in determining the debt limitation authorized by this paragraph. No additional debt as authorized by this paragraph shall be incurred unless a majority of the qualified voters of said city shall assent thereto in an election held for that purpose and in accordance with the provisions of Paragraph I of this Section."
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 City of Marietta, in addition to all other debts which the city is authorized to incur and in addition
NO ( ) to all debt limitations imposed upon said city, to incur additional indebtedness not to exceed seven per cent (7%) of the assessed value of all taxable property located in said city for school purposes only?"
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.
FRIDAY, FEBRUARY 4, 1966
985
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Barber Bean Bedgood Berry Blair Blalock Bo wen Brackin Brinkley Brown, B. D. Brown, C. Bryant Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Colwell Conger Cook Cox Crowe Dailey Davis Dean DeLong Dillon Dixon Dollar Doster Drew Egan Elliott Even sen Fleming Floyd Fulford Funk
Gaissert Gary Gaynor Gignilliat Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Henderson Herndon Higginbotham Hill Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, A. S., Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R.
Mauldin McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rowland Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker
986
JOURNAL OF THE HOUSE,
Steis Stewart Story S tovail Sweat Taylor Thomas Thompson, A. W. Thompson, R.
Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells
Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Bagby Barfield Bennett Black Brantley Brown, M. P. Busbee Caldwell Clark, J. T. Collins, J. P. Collins, M. Conner Daugherty Dickinson Dorminy
Duncan Etheridge Parrar Grahl Harris, J. R. Harris, R. W. Harrison, R. W., Jr. Hawkins Howard Jones, G. Paul Jordan, W. H. Kiley Knight Land Lane
Lovett
McClatchey Mitchell Moore, J. H. Nessmith, P. Pickard Rainey Rush Russell Smith, A. B. Starnes Sullivan Townsend Ware Watkins Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 221-467. By Mr. Tucker of the 36th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the appointment of the county school superintendent of Henry County by the Board of Education of Henry County; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VIII, Section VI, Paragraph I of the Constitution, relating to county boards of education, as amended, is hereby amended by adding at the end thereof the following:
FRIDAY, FEBRUARY 4, 1966
987
"The county school superintendent of Henry 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, except that the Board, at its own pleasure, may fill any vacancy which may occur prior to the normal expira tion of such term. Thereafter the county school superintendent of Henry County shall be appointed by the Board of Education of Henry County, and shall serve at the pleasure of the Board, and said county school superintendent shall no longer be elected by the voters of Henry County. The Board of Education of Henry County shall fix the compensation of the county school superinten dent. The Board of Education of Henry County shall not be bound by any provisions of law relating to residential requirements of persons appointed to the office of county school superintendent.
"The county school superintendent of Henry County as pro vided for herein shall be subject to all other constitutional pro visions and all general statutory provisions relative to county school superintendents unless such provisions are in conflict with the provisions of this amendment."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide for the appointment of the county school superinten-
NO ( ) dent of Henry County by the Board of Education of Henry 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 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.
988
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Barber Bean Bedgood Berry Blair Blalock Bowen Brackin Brinkley Brown, B. D. Brown, C. Bryant Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Colwell Conger Cook Cox Crowe Dailey Davis Dean DeLong Dillon Dixon Dollar Doster Drew Egan Elliott Evensen Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier
Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Henderson Herndon Higginbotham Hill Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D.
Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rowland Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling
Watson Webb Wells Westlake
FRIDAY, FEBRUARY 4, 1966
989
Wiggins Williams, G. J. Williams, W. M. Wilson, J. M.
Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Bagby Barfield Bennett Black Brantley Brown, M. P. Busbee Caldwell Clark, J. T. Collins, J. F. Collins, M. Conner Daugherty Dickinson Dorminy
Duncan Etheridge Farrar Grahl Harris, J. R. Harris, R. W. Harrison Hawkins Howard Jones, G. Paul Jordan, W. H. Kiley Knight Land Lane Lovett
McClatchey Mitchell Moore, J. H. Nessmith, P. Pickard Rainey Rush Russell Smith, A. B. Starnes Sullivan Townsend Ware Watkins Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 223-467. By Mr. Tucker of the 36th:
A RESOLUTION
To amend a Resolution proposing an amendment to Article VIII, Section V, Paragraph I of the Constitution (Resolution Act No. 77, Ga. Laws 1958, p. 436) which provides for the election of the members of the Board of Education of Henry County by the people and provides for the compensation of such members, so as to change the terms of office of the members of the Board of Education of Henry County and to provide for staggered terms; to provide for the election of the members of the board by the voters of the entire 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
A Resolution proposing an amendment to Article VIII, Section V, Paragraph I of the Constitution (Resolution Act No. 77, Ga. Laws
990
JOURNAL OF THE HOUSE,
1958, p. 436), which provides for the election of the members of the Board of Education of Henry County by the people and provides for the compensation of such members, is hereby amended by striking the quoted language in paragraphs 1, 7 and 8 of Section 1 in its entirety and inserting in lieu thereof new quoted paragraphs 1, 7 and 8, re spectively, to read as follows:
"The Board of Education of Henry County shall be composed of five members who shall be elected by the voters of the entire county from their respective district as hereinafter provided. For the purpose of electing such members, Henry County is hereby divided into five education districts.
"The Board of Education shall be composed of one member from each education district. Any person offering as a candidate to represent an education district on the board shall reside in the district from which he offers as a candidate and each member of the Board of Education of Henry County shall be elected by the voters of the entire county.
"Beginning with the calendar year 1968 and biennially there after there shall be an election for members of the Board of Edu cation of Henry County. The candidates elected as members of the Board of Education of Henry County in 1968 from Education Dis trict Nos. 1, 2 and 3 shall be elected for terms of office of 4 years each and until their successors are elected and qualified. The candidates elected as members of the Board of Education of Henry County in 1968 from Education District Nos. 4 and 5 shall be elected for terms of office of two years each and until their succes sors are elected and qualified. Thereafter the terms of office of all members of the Board of Education of Henry County shall be for terms of office of 4 years each and until their successors are elected and qualified. All members elected to the Board of Education of Henry County shall assume office on January 1, of the year follow ing their election. Election for members of the Board of Education of Henry County shall be held at the same time as elections for members of the General Assembly."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to change the terms of office and provide for staggered terms for members of the Board of Education of Henry County,
NO ( ) and to provide for the election of the members of the Board by the voters of the entire county?"
FRIDAY, FEBRUARY 4, 1966
991
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 Adams Alien Anderson Barber Bean Bedgood Berry Blair Blalock Bowen Brackin Brinkley Brown, B. D. Brown, C. Bryant Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Colwell Conger Cook Cox Crowe Dailey Davis Dean
DeLong Dillon Dixon Dollar Doster Drew Egan Elliott Evensen Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Henderson Herndon Higginbotham Hill Holder Hood Houston
Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt
992
Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odoni Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson
JOURNAL OP THE HOUSE,
Roach Ross Rowland Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Steis Stewart Story Stovall Sweat
Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Bagby Barfield Bennett Black Brantley Brown, M. P. Busbee Caldwell Clark, J. T. Collins, J. F. Collins, M. Conner Daugherty Dickinson Dorminy
Duncan Etheridge Farrar Grahl Harris, J. R. Harris, R. W. Harrison Hawkins Howard Jones, C. Paul Jordan, W. H. Kiley Knight Land Lane Lovett
McClatchey Mitchell Moore, J. H. Nessmith, P. Pickard Rainey Rush Russell Smith, A. B. Starnes Sullivan Townsend Ware Watkins Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 185-399. By Mr. Underwood of the 61st:
A RESOLUTION Proposing an amendment to the Constitution so as to create the Wheeler County Development Authority; to provide for powers, au-
FRIDAY, FEBRUARY 4, 1966
993
thority, funds, purposes and procedure connected therewith; to provide for the levy of a tax for the use thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article 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 Wheeler County to be known as the Wheeler County Development Authority, which shall be an instrumentality of the State of Georgia and of Wheeler County and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.
"B. (1) The Authority shall consist of five (5) members who shall serve for a term of five (5) years and until their successors are appointed and qualified and who shall be eligible for reappointment. The members shall be appointed by the Board of Commis sioners of Roads and Revenue of Wheeler County (hereinafter referred to as 'Board') as herein provided. A majority of the mem bers 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. Members of the Authority shall not be dis qualified by reason of membership on the Authority to hold any other public office. Vacancies shall be filled for the unexpired term by the Board as herein provided.
(2) For the purpose of appointment of members of the Au thority, Wheeler County is divided into two Authority Districts: Authority District No. 1 shall consist of the Alamo, Erick and Spring Hill Militia Districts, and Authority District No. 2 shall consist of the Glennwood, Landsberg and McArthur Militia Dis tricts.
(3) Two members of the Authority shall be residents of Au thority District No. 1; two members of the Authority shall be residents of Authority District No. 2; one member of the Authority shall be a resident of and appointed from the County at large.
(4) The first members of the Authority shall be appointed by the Board after this amendment is ratified and prior to January 1, 1967 and their terms of office shall began January 1, 1967. The first members shall be appointed for terms of one, two, three, four and five years and thereafter their successors (except in the case of appointments filling unexpired terms) shall be appointed for terms of five years. All appointments other than the original ap pointments and including appointments to fill unexpired terms shall be made as follows: The Authority shall nominate three qualified persons for the appointment and the Board shall appoint, one of the three nominees.
994
; 1
JOURNAL OF THE HOUSE,
"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 Wheeler County.
"D. The powers of the Authority shall include, but not be limited to, the power:
(1) To purchase, acquire, develop, improve, construct, own, operate, maintain, sell, lease as lessor and lessee, and mortgage real and personal property of all kinds, including, but not limited to, land, buildings, machinery, equipment, industrial plants, manu facturing plants, processing plants, commercial buildings, ware house and other storage facilities, and plants and other facilities for storing, handling or processing agricultural and livestock products within the limits of Wheeler County.
(2) To accept and administer gifts, grants and donations and to administer trusts.
(3) To donate, grant, loan and lease without adequate con sideration or without any consideration or with or without security and on such terms as the Authority shall see fit, any of its funds or property to private persons and corporations operating or pro posing to operate within Wheeler County, any industrial, commercial, agricultural, or recreational plant, facility, or enterprise. The pro visions of this clause shall not be construed to limit any other power of the Authority.
(4) To borrow money and to issue notes, bonds and certificates of indebtedness therefor and to sell, convey, mortgage, pleadge and assign any and all of its funds, property, revenues, and income as security therefor.
(5) To contract with Wheeler County, State of Georgia, and and with other public authorities, political subdivisions, and public agencies of the State of Georgia and also with the United States, and with any department, agency, or instrumentality of the United States.
(6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority.
(7) To aid, foster and encourage, and to promote the expansion of industry, agriculture, trade, commerce and recreation in Wheeler County, and to make long-range plans therefor.
(8) To exercise such other powers and duties as may be dele gated to it by the Board.
(9) To accumulate (if the Authority shall see fit) its funds from year to year and to invest accumulated funds in any manner
FRIDAY, FEBRUARY 4, 1966
995
that public funds of the State of Georgia or any of its political subdivisions may be invested.
(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
(11) To contract with private persons and corporations and to sue and be sued in its corporate name.
"E. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Au thority may be sued the same as private corporations on any con tractual obligation of the Authority.
"F. The members of the Authority shall receive only such compensation for their services and expenses to the Authority as shall be authorized by the Board, but such compensation shall be paid from funds of the Authority.
"G. Wheeler County, acting by the Board, is authorized to levy an annual tax, not to exceed one mill, on all taxable property within Wheeler 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 the Board 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.
"H. 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.
"I. The Authority is created and this amendment is adopted for the purpose of aiding, promoting, developing, and expanding for the public good and welfare of Wheeler County and its citizens, industry, agriculture, trade, commerce and recreation in Wheeler County, and to authorize the use of public funds of Wheeler County for such purposes so as to provide employment and to improve the economy and living conditions in Wheeler County, and this amend ment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose.
"J. This amendment shall be self-executing and shall be effec tive immediately upon proclamation of its ratification by the Gov-
996
JOURNAL OF THE HOUSE,
"K. 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 scope and jurisdiction of the Authority shall be limited to Wheeler County. The General Assembly shall not extend the juris diction of the Authority nor the scope of its operations beyond the limits of Wheeler County.
"L. 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 Wheeler County, subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.
"M. 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 Wheeler County or of the State of Georgia and the Authority shall not be authorized to create in any manner any debt, liability, or obligation against the State of Georgia or Wheeler County.
"N. (1) The Authority shall be authorized to issue revenue bonds for the purpose of financing or refinancing any project or under taking with the scope of the Authority's powers, and may pledge any of it assets, income, or revenues as security for such bonds.
(2) Revenue bonds issued or proposed for issue by the Au
thority may be validated as provided in the Act of the Legislature
now known as the 'Revenue Bond Law' (Ga. Laws 1937, pp. 761. et
seq), as amended, and the term 'municipality' wherever used in said
Act, as amended, shall include the Authority, and the Authority
shall have all of the rights and powers conferred upon municipalities
... :
by said Act, as amended.
(3) Any private person or corporation and also any political subdivision, public authority or agency contracting with the Au thority with respect to revenue bonds of the Authority proposed for validation under said Act, as amended, or with respect to any project or undertaking of the Authority to be financed or refinanced by such bonds may be made a party to the proceedings to validate such bonds under said Act, as amended, for the purpose of validating any such contract.
(4) This part of this amendment (Part N) shall not limit the other powers given the Authority in this amendment to borrow money and to give security therefor or to require the validation of the obligations of the Authority by any court.
"O. The term 'Board' where used herein shall include the present Board of Commissioners of Roads and Revenue of Wheeler County and also any other board, group, or individual which may hereafter constitute the governing body or Authority of Wheeler County.
FRIDAY, FEBRUARY 4, 1966
997
"P. The Board shall be authorized to appropriate to the Au thority any surplus funds at the time held by Wheeler County, which appropriation shall be in addition to the tax provided in Part G.
"Q. The Authority, with the agreement of the Board, may pledge the Authority's revenues from the annual tax provided in Part G as security for any obligation or undertaking of the Au thority. If said revenues are pledged as security for revenue bonds issued by the Authority, the agreement between Wheeler County (acting by the Board) and the Authority shall be subject to validation as provided in Paragraph (3) of Part N of this amend ment.
"R. If any provision of this amendment should be judicially determined to be invalid for any reason, such determination shall not affect any other part of the amendment nor the validity of the provision so determined to be invalid with respect to any person other than the person in whose favor such determination is made.
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 Wheeler County Development Authority;
NO ( ) to provide for the powers, authority, funds, purposes and procedure of such Authority; and to provide for the levy of a tax of one mill in Wheeler County to provide funds for such 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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following Committee amendment was read and adopted:
The Committee on Local Affairs Moves to Amend H. R. 185-399 by adding the following as a new sentence to the end of "C" in Section 1:
998
JOURNAL OF THE HOUSE,
The exemptions from taxation herein provided shall not include exemptions from Sales 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 Adams Alien Anderson Barber Bean Bedgood Berry Blair Blalock Bowen Brackin Brinkley Brown, B. D. Brown, C. Bryant Byrd Carley Carr Gates Chandler Clarke, H. G. Colwell Conger Cook Cox Crowe Dailey Davis Dean DeLong Dillon Dixon Dollar Doster Drew Egan Elliott
Evensen Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hale Hamilto n Harrell Harrington Harris, J. F. Henderson Herndon Higginbotham Hill Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Jordan Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S.
Leonard Le vitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson
Roach Ross Rowland Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow
FRIDAY, FEBRUARY 4, 1966
999
Spikes Spillers Stalnaker Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye
Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Bagby Barfield Bennett Black Brantley Brown, M. P. Busbee Caldwell Clark, J. T. Collins, J. F. Collins, M. Conner Daugherty Dickinson Dorminy
Duncan Etheridge Farrar Grahl Harris, J. R. Harris, R. W. Harrison Hawkins Howard Jones, G. Paul Jordan, Ben C. Kiley Knight Land Lane Lovett
McClatchey Mitchell Moore, J. H. Nessmith, P. Pickard Rainey Rush Smith, A. B. Starnes Sullivan Townsend Ware Watkins Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 186-399 By Mr. Underwood of the 61st:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Montgomery County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the levy of a tax for the use thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
1000
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 Montgomery County to be known as the Montgomery County Development Authority, which shall be an instrumentality of the State of Georgia and of Montgomery County and a public corpora tion, and which in this amendment is hereafter referred to as the 'Authority'.
"B. (1) The Authority shall consist of five (5) members who shall serve for a term of five (5) years and until their successors are appointed and qualified and who shall be eligible for reappointment. The members shall be appointed by the Board of Com missioners of Roads and Revenue of Montgomery County (hereinafter referred to as 'Board') as herein provided. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. Members of the Authority shall not be disqualified by reason of membership on the Authority to hold any other public office. Vacancies shall be filled for the unexpired term by the Board as herein provided.
(2) For the purpose of appointment of members of the Authority, Montgomery County is divided into four (4) Authority Districts. Authority District Mo. 1 shall consist of the Mt. Vernon Militia District; Authority District No. 2 shall consist of the Uvalda and Alston Militia Districts; Authority District No. 3 shall consist of the Ailey and the Higgston Militia District; and the Authority District No. 4 shall consist of the Tarrytown and the Kibbee-Tiger Militia Districts.
(3) One member of the Authority shall be a resident of Au thority District No. 1; one member of the Authority shall be a resident of Authority District No. 2; one member shall be a resident of Authority District No. 3; one member shall be a resident of Authority District No. 4; and one member of the Authority shall be a resident of and appointed from the county at large.
(4) The first members of the Authority shall be appointed by the Board after this amendment is ratified and prior to January 1, 1967 and their terms of office shall begin January 1, 1967. The first members shall be appointed for terms of one, two, three, four and five years and thereafter their succesors (except in the case of appointments filling unexpired terms) shall be appointed for terms of five years. All appointments, other than the original appointments and including appointments to fill unexpired terms, shall be made as follows: The Authority shall nominate three qualified persons for the appointment and the Board shall appoint one of the three nominees.
1002
JOURNAL OF THE HOUSE,
(9) To accumulate (if the Authority shall see fit) its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.
(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
(11) To contract with private persons and corporations and to sue and be sued in its corporate name.
"E. 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
performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia, when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.
"F. The members of the Authority shall receive only such compensation for their services and expenses to the Authority as shall be authorized by the Board, but such compensation shall be paid from funds of the Authority.
"G. Montgomery County, acting by the Board, is authorized to levy an annual tax, not to exceed one mill, on all taxable property within Montgomery 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 the Board 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.
"H. 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.
"I. The Authority is created and this amendment is adopted for the purpose of aiding, promoting, developing, and expanding for the public good and welfare of Montgomery County and its citizens, industry, agriculture, trade, commerce and recreation in Montgomery County, and to authorize the use of public funds of Montgomery County for such purposes so as to provide employment and to improve the economy and living conditions in Montgomery County, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose.
FRIDAY, FEBRUARY 4, 1966
1001
"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 Montgomery County.
"D. The powers of the Authority shall include, but not be limited to, the power:
(1) To purchase, acquire, develop, improve, construct, own, operate, maintain, sell, lease as lessor and lessee, and mortgage real and personal property of all kinds, including, but not limited to, land, buildings, machinery, equipment, industrial plants, manufacturing plants, processing plants, commercial buildings, warehouses and other storage facilities, and plants and other facilities for storing, handling or processing agricultural and livestock products within the limits of Montgomery County.
(2) To accept and administer gifts, grants and donations and to administer trusts.
(3) To donate, grant, loan and lease without adequate consideration or without any consideration, or with or without security and on such terms as the Authority shall see fit, any of its funds or property to private persons and corporations operating or proposing to operate within Montgomery County, any industrial, commercial, agricultural, or recreational plant, facility, or enterprise. The provisions of this clause shall not be construed to limit any other power of the Authority.
(4) To borrow money and to issue notes, bonds and certificates of indebtedness thereafter and to sell, convey, mortgage, pledge and assign any and all of its funds, property, revenues, and income as security thereafter.
(5) To contract with Montgomery County, State of Georgia, and with other public authorities, political subdivisions, and public agencies of the State of Georgia and also with the United States, and with any department, agency, or instrumentality of the United States.
(6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority.
(7) To aid, foster and encourage, and to promote the expansion of industry, agriculture, trade, commerce and recreation in Montgomery County, and to make long-range plans therefor.
(8) To exercise such other powers and duties as may be delegated to it by the Board.
FRIDAY, FEBRUARY 4, 1966
1003
"J. This amendment shall be self-executing and shall be effective immediately upon proclamation of its ratification by the Governor.
"K. 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 scope and jurisdiction of the Authority shall be limited to Montgomery County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Montgomery County.
"L. 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 Montgomery County, subject to any mortgages, liens, lease or other encumbrances outstanding against or in respect to said property at that time.
"M. 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 Montgomery County or of the State of Georgia and the Authority shall not be authorized to create in any manner any debt, liability, or obligation against the State of Georgia or Montgomery County.
"N. (1) The Authority shall be authorized to issue revenue bonds for the purpose of financing or refinancing any project or undertaking within the scope of the Authority's powers, and may pledge any of its assets, income, or revenues as security for such bonds.
(2) Revenue bonds issued or proposed for issue by the Au thority may be validated as provided in the Act of the Legislature now known as the 'Revenue Bond Law' (Ga. Laws 1937, pp. 761, et seq), as amended, and the term 'municipality' wherever used in said Act, as amended, shall include the Authority, and the Authority shall have all of the rights and powers conferred upon municipalities by said Act, as amended.
(3) Any private person or corporation and also any political subdivision, public authority or agency contracting with the Au thority with respect to revenue bonds of the Authority proposed for validation under said Act, as amended, or with respect to any project or undertaking of the Authority to be financed or refinanced by such bonds may be made a party to the proceedings to validate such bonds under said Act, as amended, for the purpose of validating any such contract.
(4) This part of this amendment (Part N) shall not limit the other powers given the Authority in this amendment to borrow money and to give security therefor or to require the validation of the obligations of the Authority by any court.
"0. The term 'Board' where used herein shall include the present Board of Commissioners of Roads and Revenue of
1004
JOURNAL OF THE HOUSE,
Montgomery County and also any other board, group, or individual which may hereafter constitute the governing body or authority of Montgomery County.
"P. The Board shall be authorized to appropriate to the Au thority any surplus funds at the time held by Montgomery County, which appropriation shall be in addition to the tax provided in Part G.
"Q. The Authority, with the agreement of the Board, may pledge the Authority's revenues from the annual tax provided in Part G as security for any obligation or undertaking of the Au thority. If said revenues are pledged as security for revenue bonds issued by the Authority, the agreement between Montgomery County (acting by the Board) and the Authority shall be subject to validation as provided in Paragraph (3) of Part N of this amendment.
"R. If any provision of this amendment should be judicially determined to be invalid for any reason, such determination shall not affect any other part of the amendment nor the validity of the provision so determined to be invalid with respect to any person other than the person in whose favor such determination is made.
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 Montgomery County Development Authority; to provide for the powers, authority, funds, purposes and
NO ( ) procedure of such Authority; and to provide for the levy of tax of one mill in Montgomery County to provide funds for such Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The 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.
FRIDAY, FEBRUARY 4, 1966
1005
The following Committee Amendment was read and adopted:
The Committee on Local Affairs moves to amend:
HR 186-399 by adding the following as a new sentence to the end of "C" in Section 1
The Exemptions from taxation herein provided shall not include exemptions from Sales 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 Adams Alien Anderson Barber Bean Bedgood Berry Blair Blalock Bowen Brackin Brinkley Brown, B. D. Brown, C. Bryant Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Colwell Conger Cook Cox Crowe Dailey Davis
Dean DeLong Dillon Dixon Dollar Doster Drew Egan Elliott Evensen Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Henderson Herndon Higginbotham Hill Holder
Hood Houston Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken
1006
McDaniell Melton Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reid
JOURNAL OF THE HOUSE,
Richardson Reaves Roach Ross Rowland Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Steis Stewart Story Stovall
Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those voting fff liln TUjga&te were Messrs,.
Alexander Bagby Barfield Bennett Black Brantley Brown, M. P. Busbee Caldwell Clark, J. T. Collins, J. F. Collins, M. Conner Daugherty Dickinson Dorminy
Duncan Etheridge Farrar Grahl Harris, J. R. Harris, R. W. Harrison Hawkins Howard Jones, G. Paul Jordan, W. H. Kiley Knight Land Lane Lovett
McClatchey Mitchell Moore, J. H. Nessmith, P. Pickard Rainey Rush Russell Smith, A. B. Starnes Sullivan Townsend Ware Watkins Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
FRIDAY, FEBRUARY 4, 1966
1007
HR 206-435 By Mr. Underwood of the 61st:
A RESOLUTION
Proposing an amendment to the Constitution so as create the Treutlen County Development Authority; to provide for powers, au thority, funds, purposes and procedures connected therewith; to provide for the levy of a tax for the use thereof; to provide for the submission of the 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 Treutlen County to be known as the Treutlen County Development Authority, which shall be an instrumentality of the State of Georgia and of Treutlen County and a public corporation, and which in this amendment is hereafter referred to as the 'Authority'.
"B. (1) The Authority shall consist of five (5) members who shall serve for a term of five (5) years and until their successors are appointed and qualified and who shall be eligible for reappointment. The members shall be residents of Treutlen County and shall be appointed by the Board of Commissioners of Roads and Revenue of Treutlen County (hereinafter referred to as 'Board') from the county at large. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. Members of the Authority shall not be disqualified by reason of membership on the Authority to hold any other public office. Vacancies shall be filled for the unexpired term by the Board as herein provided.
(2) The first members of the Authority shall be appointed by the Board after this amendment is ratified and prior to January 1, 1967, and their terms of office shall begin January 1, 1967. The first members shall be appointed for terms of one, two, three, four and five years and thereafter their successors (except in the case of appointments filling unexpired terms) shall be appointed for terms of five years. All appointments, other than the original appoint ments and including appointments to fill unexpired terms, shall be made as follows: The Authority shall nominate three qualified persons for the appointment and the Board shall appoint one of the three nominees.
"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 Treutlen County.
1008
JOURNAL OF THE HOUSE,
"D. The powers of the Authority shall include, but not be limited to, the power:
(1) To purchase, acquire, develop, improve, construct, own. operate, maintain, sell, lease as lessor and lessee, and mortgage real and personal property of all kinds, including, but not limited to, land, buildings, machinery, equipment, industrial plants, manu facturing plants, processing plants, commercial buildings, ware houses and other storage facilities, and plants and other facilities for storing, handling or processing agricultural and livestock products within the limits of Treutlen County.
(2) To accept and administer gifts, grants and donations and to administer trusts.
(3) To donate, grant, loan and lease without adequate consid eration, or with or without security and on such terms as the Au thority shall see fit, any of its funds or property to private persons and corporations operating or proposing to operate within Treutlen County, any industrial, commercial, agriculture, or recreational plant, facility, or enterprise. The provisions of this clause shall not be construed to limit any other power of the Authority.
(4) To borrow money and to issue notes, bonds and certificates of indebtedness therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property, revenues, and income as security therefor.
(5) To contract with Treutlen County, the State of Georgia, and with other public authorities, political subdivisions, and public agencies of the State of Georgia and also with the United States, and with any department, agency, or instrumentality of the United 'States.
(6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority.
(7) To aid, foster and encourage, and to promote the expansion industry, agriculture, trade, commerce and recreation in Treutlen County, and to make long-range plans therefor.
(8) To exercise such other powers and duties as may be delegated to it by the Board.
(9) To accumulate (if the Authority shall see fit) 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.
FRIDAY, FEBRUARY 4, 19C6
1009
(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
(11) To contract with private persons and corporations and to sue and be used in its corporate name.
"E. 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 performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia, when in performance of their public duties or work of the State. The Au thority may be sued the same as private corporations on any con tractual obligation of the Authority.
"F. The members of the Authority shall receive only such compensation for their services and expenses to the Authority as shall be authorized by the Board, but such compensation shall be paid from funds of the Authority.
"G. Treutlen County, acting by the Board, is authorized to levy an annual tax, not to exceed one mill, on all taxable property within Treutlen 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 the Board 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.
"H. 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 grant ed by the Authority to enforce payment of the obligation.
"I. The Authority is created and this amendment is adopted for the purpose of aiding, promoting, developing, and expanding for the public good and welfare of Treutlen County and its citizens industry, agriculture, trade, commerce and recreation in Treutlen County, and to authorize the use of public funds of Treutlen County for such purposes so as to provide employment and to improve the economy and living conditions in Treutlen County, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose.
"J. This amendment shall be self-executing and shall be effective immediately upon proclamation of its ratification by the Governor.
"K. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise
1010
JOURNAL OF THE HOUSE,
thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The scope and jurisdiction of the Authority shall be limited to Treutlen County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Treutlen County.
"L. 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 Treutlen
County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.
"M. 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 Treutlen County or of the State of Georgia and the Authority shall not be authorized to create in any manner any debt, liability, or obligation against the State of Georgia or Treutlen County.
"N. (1) The Authority shall be authorized to issue revenue bonds for the purpose of financing or refinancing any project or undertaking within the scope of the Authority's powers, and may pledge any of its assets, income, or revenues as security for such bonds.
(2) Revenue bonds issued or proposed for issue by the Au thority may be validated as provided in the Act of the Legislature now known as the 'Revenue Bond Law' (Ga. Laws 1937, pp. 761, et seq) as amended, and the term 'municipality' wherever used in said Act, as amended, shall include the Authority, and the Authority shall have all of the rights and powers conferred upon municipalities by said Act, as amended.
(3) Any private person or corporation and also any political subdivision, public authority or agency contracting with the Au thority with respect to revenue bonds of the Authority proposed for validation under said Act, as amended, or with respect to any project or undertaking of the Authority to be financed or refinanced by such bonds may be made a party to the proceedings to validate such bonds under said Act, as amended, for the purpose of validating any such contract.
(4) This part of this amendment (Part N) shall not limit the other powers given the Authority in this amendment to borrow money and to give security therefor or to require the validation of the obligations of the Authority by any court.
"0. The term 'Board' where used herein shall include the present Board of Commissioners of Roads and Revenue of Treutlen County and also any other board, group, or individual which may hereafter constitute the governing body or authority or Treutlen County.
"P. The Board shall be authorized to appropriate to the Au thority any surplus funds at the time held by Treutlen County,
FRIDAY, FEBRUARY 4, 1966
1011
which appropriation shall he in addition to the tax provided in Part G.
"Q. The Authority, with the agreement of the Board, may pledge the Authority's revenues from the annual tax provided in Part G as security for any obligation or undertaking of the Au thority. If said revenues are pledged as security for revenue bonds issued by the Authority, the agreement between Treutlen County (Acting by the Board) and the Authority shall be subject to validation as provided in Paragraph (3) of Part N of this amend ment.
"R. If any provision of this amendment should be judicially determined to be invalid for any reason, such determination shall not affect any other part of the amendment nor the validity of the provision so determined to be invalid with respect to any person other than the person in whose favor such determination is made.
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 Treutlen County Development Authority; to provide for the powers, authority, funds, purposes and proce-
NO ( ) dures of such Authority; and to provide for the levy of a tax of one mill in Treutlen County to provide funds for such 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 206-435 by adding as a new sentence to the end of "C" in Section 1 the following:
1012
JOURNAL OF THE HOUSE,
The exemptions from taxation herein provided shall not include exemptions from Sales 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 Adams Alien Anderson Barber Bean Bedgood Berry Blair Blalock Bowen Brackin Brinkley Brown, B. D. Brown, C. Bryant Byrd Carley Games Carr Gates Chandler Clarke, H. G. Colwell Conger Cook Cox Crowe Dailey Davis Dean DeLong Dillon Dixon Dollar Doster Drew Egan Elliott
Evensen Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Henderson Herndon Higginbotham Hill Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Knapp Lambert Lambros Lea, W. J. (Bill) Lee, W. S. Leonard Levitas
Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R.
Mauldin McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rowland
Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers
FRIDAY, FEBRUARY 4, 1966
1013
Stalnaker Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood
Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Bagby Barfield Bennett Black Brantley Brown, M. P. Busbee Caldwell Clark, J. T. Collins, J. F. Collins, M. Conner Daugherty Dickinson Dorminy
Duncan Etheridge Farrar Grahl Harris, J. R. Harris, R. W. Harrison Hawkins Howard Jones, G. Paul Jordan, W. H. Kiley Knight Land Lane Lovett
McClatchey Mitchell Moore, J. H. Nessmith, P. Pickard Rainey Rush Russell Smith, A. B. Starnes Sullivan Town send Ware Watkins Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 222-467. By Mr. Tucker of the 36th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Henry County Development Authority; 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:
1014
JOURNAL OF THE HOUSE,
SECTION 1
Article V, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following.
"There is hereby created a body corporate and politic to be known as the 'Henry County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced within the limits of Henry County. The County and any municipality located therein may contract with the Au thority as a public corporation as provided by the Constitution of Georgia.
"The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General As sembly may pass all other necessary legislation for the implementa tion of this amendment.
"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority.
"The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and the interest of the obligations of Henry County.
"Said Authority is created for the purpose of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long range plans for the coordina tion of such development, promotion and expansion within its territorial limits. The Authority shall not be empowered or au thorized in any manner to create a debt as against the State of Georgia or Henry County. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and ex clusively for the purposes for which the Authority is created.
"No building or facility acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than 30 years from the day of transfer of possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the build ing or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all indebtedness, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking."
FRIDAY, FEBRUARY 4, 1966
1015
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 create the NO ( ) Henry 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 222-467 by adding the following as a new sentence to the end of the 4th quoted paragraph in Section 1;
The exemptions from taxation herein provided shall not include exemptions from Sales 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 Adams Alien Anderson
Barber Bean Bedgood Berry
Blair Blalock Bowen Brackin
1016
Brinkley Brown, B. D. Brown, C. Bryant Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Colwell Conger Cook Cox Crowe Dailey Davis Dean DeLong Dillon Dixon Dollar Doster Drew Egan Elliott Evensen Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Henderson Herndon Higginbotham Hill Holder Hood
JOURNAL OF THE HOUSE,
Houston Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson
Phillips Powers Reaves Reid Richardson
Roach Ross Rowland Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W, Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Bagby Barfield
Bennett Black Brantley
Brown, M. P. Busbee Caldwell
Clark, J. T. Collins, J. F. Collins, M. Conner Daugherty Dickinson Dorminy Duncan Etheridge Farrar Grahl Harris, J. R. Harris, R. W.
FRIDAY, FEBRUARY 4, 1966
1017
Harrison Hawkins Howard Jones, G. Paul Jordan, W. H. Kiley Knight
Land Lane Lovett McClatchey Mitchell Moore, J. H.
Nessmith, P. Pickard Rainey Rush Russell Smith, A. B. Starnes Sullivan Townsend Ware Watkins Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, 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:
HE 150-304. By Mr. Mauldin of the 18th:
A Resolution authorizing the conveyance of a certain tract of land in Franklin County to Garner D. Crump; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Bagby Barber Bedgood Berry Black
Blair Blalock Bowen Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd
Carley Games Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, M. Conger
1018
Conner Cox Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Elliott Evensen Farrar Floyd Fulford Gaissert Gary Gaynor Gignilliat Grier Hadaway Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Herndon Higginbotham Hill Holder Hood
JOURNAL OF THE HOUSE,
Howell Hutchinson Irvin Johnson, A. S. Dr. Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambros Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Maddox Malone Marshall Matthews, C. Mauldin McClatchey McDaniell Mixon Moore, Don C. Murphy Nessmith, P. Newton, A. S.
Odom Oglesby Overby Pafford Palmer Paris Parker Peterson
Phillips
Powers Rainey Reaves Richardson Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spillers Stalnaker Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Tucker
Tye Vaughan, D. N. Vaughn, C. R. Watson Webb Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Barfield Bean Bennett Brackin Brantley Busbee Caldwell Collins, J. F. Colwell Cook Crowe Egan Etheridge
Fleming Funk Grahl Hale Hamilton Harrison Henderson Houston Howard Hull Johnson, B. Jones, G. Paul Lambert Land
Lane Lea, F. R. Leonard Levitas Lovett Lowrey Matthews, D. R. McCracken Melton Merritt Minge Mitchell Moore, J. H. NeSmith, J. D.
Newton, D. L. Otwell Parrish Pickard Reid Roach Ross Rowland Rush
FRIDAY, FEBRUARY 4, 1966
1019
Russell Smith, A. B. Smith, J. R. Spikes Starnes Steis Thompson, R. Townsend Underwood
Walling Ware Watkins Wells Westlake Wiggins Wilson, J. M. 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 148-301. By Mr. Elliott of the 107th: A Resolution authorizing the conveyance of certain State Property located in Bibb County, Georgia, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney
Adams Alien Anderson Barber Bean Bedgood Berry Black Bowen Brackin Brown, B. D. Brown, M. P. Bryant Byrd Carley Carnes Carr
Gates
Chandler Clarke, H. G. Clark, J. T. Collins, M. Conger Cook Cox Dailey Daugherty Davis Dean DeLong Dillon Dixon Dollar Doster Drew
Duncan
Egan Elliott Evensen Farrar Floyd Fulford Funk Gaissert Gaynor Gignilliat Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R.
1020
JOURNAL OP THE HOUSE,
Harris, R. W. Hawkins Herndon Higginbotham Hill Holder Hood Howell Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Lovett Maddox Malone Marshall Matthews, C.
Mauldin McClatchey McDaniell Merritt Mitchell Mixon Moore, Don C. NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Peterson Phillips Powers Rainey Reaves Reid Richardson Ross Rowland Savage Sherman Shields Sims
Simkins Smith, G. L. II Smith, W. L. Snellings Snow Spillers Stalnaker Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Bagby Barfield Bennett Blair Blalock Brantley Brinkley Brown, C. Busbee Caldwell Collins, J. F. Colwell Conner Crowe Dickinson Dorminy Etheridge Fleming Gary
Grahl Hale Harrison Henderson Houston Howard Hull Jones, G. Paul Knight Lambert Land Lane Leonard Lowrey Matthews, D. R. McCracken Melton Minge Moore, L. H. Murphy
Newton, D. L. Parrish Pickard Roach Rush Russell Smith, A. B. Smith, J. R. Smith, V. T. Spikes Starnes Sullivan Underwood Ware Watkins Wiggins Wilson, J. M. Mr. Speaker
FRIDAY, FEBRUARY 4, 1966
1021
On the adoption of the Resolution, the ayes were 146, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 26. By Senators Broun of the 46th, Kilpatrick of the 44th and others:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety for Georgia, as amended; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Barber Bean Bedgood Berry Black Bowen Brackin Brinkley Brown, B. D. Brown, M. P. Byrd Carley Games Gates Chandler Clark, J. T. Collins, M. Conger Cook Cox Dailey Davis Dean DeLong Dickinson Dillon
Dixon Dollar Drew Duncan Egan Elliott Evensen Farrar Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Hawkins Herndon Hill Holder Hood Hutchinson Irvin Johnson, A. S. Dr.
Johnson, B. Jones, M. Jordan, Ben C. Jordan, W. H. Knapp Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Matthews, C. Matthews, D. R. Mauldin McDaniell Merritt Mitchell, T. Mixon Moore, Don C. Moore, J. H. NeSmith, J. D.
1022
Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reaves Richardson
JOURNAL OF THE HOUSE,
Ross Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Snellings Snow Spillers Stallnaker Story Stovall Sullivan Sweat Taylor
Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Watson Webb Wells Westlake Williams, G. J. Williams, W. M. Wilson, J. M. Wood
Those not voting were Messrs.:
Alexander Bagby Barfield Bennett Blair Blalock Brantley Brown, C. Bryant Busbee Caldwell Carr Clarke, H. G. Collins, J. F. Colwell Conner Crowe Daugherty Dorminy Doster Etheridge Fleming
Grahl Hale Harris, R. W. Harrison Henderson Higginbotham Houston Howard Howell Hull Jones, C. M. Jones, C. Paul Kiley Knight Land Marshall McClatchey McCracken Melton Minge Murphy Odom
Parrish Pickard Reid Roach Rowland Rush Russell Smith, A. B. Smith, J. R. Smith, W. L. Spikes Starnes Steis Stewart Walling Ware Watkins Wiggins Wilson, R. W. 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 27. By Senators Broun of the 46th, Kilpatrick of the 44th and others:
A Bill to be entitled an Act to amend Code Section 68-9916 relating to the unlawful sale or possession of certain vehicles from which identifying numbers have been removed or altered; and for other purposes.
FRIDAY, FEBRUARY 4, 1966
1023
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alien Barber Bean Bedgood Berry Black Blair Brackin Brinkley Brown, B. D. Brown, M. P. Byrd Carley Carnes Carr Gates Chandler Clark, J. T. Collins, M. Conger Cook Cox Dailey Dean DeLong Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Evensen Floyd Fulford Funk Gary Gaynor Gignilliat Grier Hadaway
Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Hawkins Herndon Higginbotham Hill Holder Hood Howard Hutchinson Irvin Johnson, A. S. Dr. Jones, M. Jordan, Ben C. Jordan, W. H. Knapp Lambros Lane Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Mauldin McClatchey McDaniell Merritt Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Odom
Oglesby
Otwell Overby Pafford Palmer Paris Parker Peterson Powers Rainey Reaves Richardson Ross Savage Sherman Shields Sims Smith, G. L. II Smith, V. T. Smith, W. L. Snow Spillers Stalnaker Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Watson Webb Wells Westlake Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
1024
JOURNAL OP THE HOUSE,
Those not voting were Messrs.:
Alexander Anderson Bagby Barfield Bennett Blalock Bowen Brantley Brown, C. Bryant Busbee Caldwell Clarke, H. G. Collins, J. P. Colwell Conner Crowe Daugherty Davis Dickinson Etheridge Farrar Fleming
Gaissert Grahl Hale Harris, R. W. Harrison Henderson Houston Howell Hull Johnson, B. Jones, C. M. Jones, G. Paul Kiley Knight Lambert Land Lea, F. R. Lovett Matthews, D. R. McCracken Melton Minge Mitchell
Murphy Newton, D. L. Parrish Phillips Piekard Reid Roach Rowland Rush Russell Simkins Smith, A. B. Smith, J. R. Snellings Spikes Starnes Underwood Vaughn, C. R. Walling Ware Watkins Wiggins Mr. Speaker
On the passage of the Bill, the ayes were 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 322. By Messrs. Jones of the 76th and Smith of the 114th: A Bill to be entitled an Act to amend Code Title 109A known as the "Uniform Commercial Code", as amended, so as to provide definitions for the words "clearing corporation" and "custodian bank"; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien
Barber Bedgood Berry
Black Blair Blalock
Bowen Brackin Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Carley Carnes Carr Gates Clarke, H. G. Clark, J. T. Collins, J. F. Cook Davis Dean DeLong Dickinson Dillon Dixon Doster Drew Duncan Egan Elliott Etheridge Evensen Farrar Fleming Fulford Funk Gary Gaynor Gignilliat Grier Hamilton Harrell Harrington
FRIDAY, FEBRUARY 4, 1966
1025
Harris, J. F. Harris, J. R. Herndon Higginbotham Hill Holder Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Knapp Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lovell Lowrey Maddox Malone Matthews, C. McClatchey Merritt Minge Mitchell Moore, Don C. NeSmith, J. D.
Otwell Pafford Palmer
Paris Peterson Phillips Powers Reaves Richardson Roach Ross Rowland Savage Sherman Shields Sims Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Townsend Tye Vaughan, D. N. Vaughn, C. R. Watson
Webb Westlake
Those not voting were Messrs.:
Alexander Anderson Bagby Barfield Bean Bennett Brantley Brown, C. Caldwell Chandler Collins, M.
Colwell Conger Conner Cox Crowe Dailey Daughterty Dollar Dorminy Floyd Grahl
Gaissert Hadaway Hale Harris, R. W. Harrison Hawkins Henderson Jordan, Ben C. Jordan. W. H. Kiley Knight
1026
Lambert Lambros Land Lane Lovett Marshall Matthews, D. R. Mauldin McCracken McDaniell Melton Mixon Moore, J. H. Murphy Nessmith, P.
JOURNAL OP THE HOUSE,
Newton, A. S. Newton, D. L. Odom Oglesby Overby Parker Parrish Pickard Rainey Reid Rush Russell Simkins Smith, A. B. Smith, J. R.
Taylor Tucker Underwood Walling Ware Watkins Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood Mr. Speaker
On the passage of the Bill, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 113. By Messrs. Brinkley of the 112th, Bedgood of the 29th and Starnes of the 13th: A Bill to be entitled an Act to amend Code Chapter 88-16, so as to provide that a test for phenylketonuria be administered to all infants; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act To amend Code Chapter 88-12, providing for control of preventable diseases, so as to provide that the Depart ment of Health shall promulgate appropriate rules and regulations governing tests for phenylketonuria so that as nearly as possible all newborn infants shall receive a test for phenylketonuria as soon after birth as successful treatment for such condition may be initiated; to adopt rules and regulations relative to other inborn errors of metabolism and any other conditions which may be indicated as a result of medical research and findings which if left to run their course would militate against the health of the citizens of this state; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Code Chapter 88-12, providing for control of preventable diseases, is hereby amended by adding new subsections to be numbered 88-1201.1 and 88-1201.2, immediately following Section 88-1201, to read as follows:
FRIDAY, FEBRUARY 4, 1966
1027
"88-1201.1. Rules and Regulations for Tests for Phenylketonuria. The Department of Health shall promulgate appropriate rules and regulations governing tests for phenylketonuria so that as nearly as possible all newborn infants shall receive a test for phenylketonuria as soon after birth as successful treatment for such condition may be initiated.
"88-1201.2. Rules and Regulations for Other Tests. The De partment of Public Health is authorized an directed, by and through its board, to adopt rules and regulations relative to other inborn errors of metabolism and any other conditions which may be indi cated as a result of medical research and findings which would, if left to run their course, militate against the health of the citizens of this State."
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. Brinkley of the 112th moves to amend H.B. 113 (SUB) as follows:
By adding the following to Section 1201.1:
"Provided, however, the provision of this section shall not apply to any infant whose parents object thereto on the grounds that such tests and treatment conflict with their religious tenets and practices."
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 Adams Alien Anderson
Barber Bean Bedgood Berry
Black Blair Blalock Brackin
1028
Brinkley Brown, B. D. Brown, M. P. Byrd Carley Gates Chandler Clarke Clark Collins, J. F. Collins, M. Colwell Conger Cook Davis Dean DeLong Dickinson Dixon Dollar Dorminy Doster Drew Duncan Egan Evensen Farrar Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Hawkins Henderson Herndon Higginbotham Hill
JOURNAL OF THE HOUSE,
Holder Hood Houston Howard Howell Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Knapp Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McDaniell Merritt Minge Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Pafford
Palmer Paris Parker Peterson Phillips Powers
Reaves Richardson
Roach Ross Savage Sherman Shields Sims Smith, W. L. Snellings Snow Spikes Spillers Stalnaker
Starnes Steis Stewart Story Stovall Sullivan
Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend
Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson
Webb Wells Westlake Wilson, J. M.
Wilson, R. W.
Those not voting were Messrs.:
Alexander Bagby Barfields Bennett Bowen Brantley Brown, C.
Bryant Busbee Caldwell Carnes Carr Conger Cox
Crowe Dailey Daugherty Dillon Elliott Etheridge Fleming
Floyd Fulford Grahl Hale Harris, R. W. Harrison Hull Jones, C. M. Jordan, W. H. Kiley Knight Lambert Land
FRIDAY, FEBRUARY 4, 1966
1029
Lovett McCracken Melton Mitchell Murphy Odom Overby Parrish Pickard Rainey Reid Rowland Rush
Russell Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Ware Watkins Wiggins Williams, G. J. Williams, W. M. Wood
On the passage of the Bill, by substitute, as amended, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 165. By Messrs. Barber of the 24th and Harris of the 118th:
A Bill to be entitled an Act to provide for the distribution of property when there is no sufficient evidence that persons have died otherwise than simultaneously; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Anderson Barber Bean Bedgood Berry Black Blair Bowen Brackin Brantley
Brinkley Brown, B. D. Brown, M. P. Busbee Byrd Carley Carnes Gates Chandler Clarke, H. G. Clark, J. T. Collins, M.
Colwell Conger Cook Cox Davis Dean DeLong Dickinson Dillon Dixon Dollar Doster
1030
JOURNAL OF THE HOUSE,
Drew Duncan Egan Elliott Evensen Farrar Floyd Funk Gaissert Gaynor Gignilliat Grier Hadaway Hamilton Harrell Harrington Harris, J. P. Harris, J. B. Hawkins Henderson Herndon Hill Holder Hood Howard Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, G. Paul Jones, M. Jordan, W. H. Jordan, Ben C. Knapp
Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Lovell Lowrey Maddox Malone Marshall Matthews, C. Mauldin McClatchey Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H.
Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Pafford Palmer Paris Peterson Phillips Powers Reid Richardson
Ross Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Spikes Stalnaker Starnes Steis Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Wilson, J. M. Wilson, R. W.
Those not voting were Messrs.:
Abney Alexander Bagby Barfield Bennett Blalock Brown, C. Bryant Caldwell Carr Collins, J. F. Conner Crowe Dailey Daugherty Dorminy
Etheridge Fleming Fulford Gary Grahl Hale
Harris, R. W. Harrison Higginbotham Houston Jones, C. M. Jordan, W. H. Kiley Knight Lambert Land
Leonard Longino Lovett Matthews, D. R. McCracken McDaniell
Melton Newton, D. L.
Overby Parker Parrish Pickard Rainey Reaves Roach Rowland
Rush Russell Smith, A. B. Smith, J. R. Snellings
FRIDAY, FEBRUARY 4, 1966
1031
Snow Spillers Stewart Underwood Ware
Watkins Williams, G. J. Williams, W. M. Wood
On the passage of the Bill, the ayes were 141, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 51. By Mr. Busbee of the 79th:
A Bill to be entitled an Act to amend an Act providing revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia, as amended; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows :
Abney Adams Alien Anderson Barber Bean Bedgood Berry Blair Blalock
Bowen Brantley Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Carley Carnes Gates Chandler Clarke, H. G. Clark, J. T. Collins, M. Conger
Cook Cox Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Elliott Evensen Farrar Fleming Floyd Funk Gary Gaynor Gignilliat Grier Hadaway Harrell Harrington Harris, J. F.
Harris, J. R. Hawkins Herndon Hill Holder Hood Howard Howell Hull Hutchinson Irvin Johnson, B. Jones, C. M. Jones, G. Paul Kiley Knapp Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lowrey
1032
Maddox Malone Marshall Matthews, C. Mauldin McClatchey McDaniell Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Peterson
JOURNAL OF THE HOUSE,
Phillips Powers Rainey Reaves Reid Richardson Roach Ross Savage Sherman Shields Sims Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story
Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Bagby Barfield Bennett Black Brackin Brown, C. Caldwell Carr Collins, J. P. Colwell Conner Crowe Dailey Daugherty Duncan Egan Etheridge Fulford
Gaissert Grahl Hale Hamilton Harris, R. W. Harrison Henderson Higginbotham Houston Johnson, A. S. Dr. Jones, M. Jordan, Ben C. Jordan, W. H. Knight Lambert Land Leonard Lovett Matthews, D. R.
McCracken Melton Mitchell Nessmith, P. Newton, D. L. Parrish Pickard Rowland Rush Russell Simkins Smith, A. B. Snellings Townsend Underwood Ware Watkins Mr. Speaker
On the passage of the Bill, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 4, 1966
1033
HB 377. By Messrs. Carley and Vaughn of the 117th, Harris and Levitas of the 118th and Snow of the 1st:
A Bill to be entitled an Act to amend an Act providing for the dismissal of suits in the Courts of this State when they have been pending for a period of 5 years or longer, so as to extend the provisions of this Act to other actions and proceedings; and for other purposes.
The following Committee amendment was read adopted:
Judiciary Committee moves to amend HB 377 as follows:
1. By adding in Sections 1 and 2 following the words
"An award of assessors" the words "or special master"
2. By adding in Section 3 following the words "has been taken" the words
"and upon which the five-year period is now running in ac cordance with the provisions of the Act approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec., Sess., P. 342)"
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Bagby Bean Bedgood Berry Blair Blalock Bowen Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P.
Bryant Byrd Carley Carnes Gates Chandler Clark, J. T. Collins, J. F. Conger Cook Davis Dean DeLong Dickinson Dillon Dixon
Dollar Dorminy Doster Duncan Egan Evensen Farrar Floyd Fulford Gary Gaynor Gignilliat Grier Harrington Harris, J. F. Harris, J. R.
1034
JOURNAL OF THE HOUSE,
Harris, R. W. Henderson Herndon Hill Hood Howard Howell Hutchinson Johnson, A. S. Dr. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Knapp Lambros Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin
McClatchey McDaniell Merritt Minge Mixon Moore, Don G. Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Paris Parker Peterson Phillips Powers Reid Roach Ross Sherman Shields Sims Simkins Smith, G. L. II Smith, J. R.
Snellings Snow Spikes Spillers Stalnaker
Steis Story Stovall
Sullivan Sweat Taylor Thompson, A. W.
Thompson, R. Tye Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins
Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander
Barber Barfield Bennett Black Brantley Busbee Caldwell Carr Clarke, H. G. Collins, M.
Colwell Conner Cox Crowe Dailey Daugherty
Drew Elliott Etheridge Fleming Funk Gaissert
Grahl Hadaway Hale Hamilton Harrell Harrison Hawkins Higginbotham Holder Houston Hull Irvin Johnson, B. Jordan, W. H. Kiley Knight Lambert Land Lane Lea, F. R. Leonard Longino Lovett
McCracken Melton Mitchell Moore, J. H. Nessmith, P. Newton, D. L. Pafford Palmer Parrish Pickard Rainey Reaves Richardson Rowland
Rush Russell Savage Smith, A. B. Smith, V. T. Smith, W. L. Starnes Stewart Thomas
Townsend Tucker Underwood
FRIDAY, FEBRUARY 4, 1966
1035
Ware Watkins Williams, G. J.
Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Barber of the 24th stated that he had been called from the floor of the House when the vote on HB 377, as amended, was taken but had he been present, would have voted "aye".
HB 289. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Jordan of the 103rd:
A Bill to be entitled an Act to amend Code Section 47-102 relating to senatorial districts, as amended, so as to change the provisions relating to the 32nd and 33rd Senatorial Districts of Cobb County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney
Adams Anderson
Bagby Barber Bean Bedgood
Berry Blair Blalock
Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd
Carley
Carnes Gates
Chandler Clarke, H. G. Clark, J. T. Collins, J. F.
Colwell Davis Dean
DeLong Dickinson Dillon Dixon Dorminy
Doster
Drew Duncan
Egan Evensen Floyd Fulford
Funk Gaynor Gignilliat
Grier Hadaway Harrell Harrington Harris, J. F.
1036
JOURNAL OF THE HOUSE,
Harris, J. R. Harris, R. W. Henderson Higginbotham Hill Hood Howard Howell Hutchinson Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Knapp Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lowrey Maddox Malone Matthews, D. R.
Mauldin McClatchey McDaniell Merritt Minge Mixon Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Pafford Paris Parker Peterson Phillips Powers Reid Richardson Ross Sherman Shields Sims Simkins Smith, J. R. Smith, W. L.
Snellings Snow Spikes Spillers Stalnaker Starnes Steis Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Westlake Wiggins Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Alien Barfield Bennett Black Bowen Brackin Brantley Brinkley Busbee Caldwell Carr Collins, M. Conger Conner Cook Cox Crowe Dailey Daugherty Dollar Elliott Etheridge
Farrar Fleming Gaissert Gary Grahl Hale Hamilton Harrison Hawkins Herndon Holder Houston Hull Irvin Jordan, W. H. Kiley Knight Lambert Land Lane Leonard Lovett Marshall
Matthews, C. McCracken Melton Mitchell Moore, Don C. Moore, J. H. Nessmith, P. Newton, D. L. Palmer Parrish Pickard Rainey Reaves Roach Rowland Rush Russell Savage Smith, A. B. Smith, G. L. II Smith, V. T. Stewart Thompson, R.
Townsend Tucker Ware
FRIDAY, FEBRUARY 4, 1966
1037
Watkins Wells Williams, G. J.
Mr. Speaker
On the passage of the Bill, the ayes were 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 112-196. By Mr. Blair and Mrs. Merritt of the 68th:
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien
Anderson Bagby Bean Bedgood Berry
Blair Blalock Bowen Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Carley Carnes Gates Chandler
Clarke, H. G. Clark, J. T. Collins, J. F.
Colwell Cook Cox
Davis Dean DeLong Dickinson Dillon
Dixon Doster Drew Duncan Etheridge Evensen Floyd Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway
Harrell Harris, J. F. Harris, J. R.
Hill Hood Hutchinson
Irvin Johnson, A. S. Dr. Jones, C. M. Jones, M. Jordan, Ben C.
Knapp Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lovell Lowrey Maddox Malone Matthews, C. Matthews, D. R.
Mauldin McClatchey McDaniell
1038
Merritt Minge Mixon Murphy Newton, A. S. Odom Oglesby Otwell Overby Pafford Paris Parker Peterson Phillips Powers Rainey Reid
JOURNAL OF THE HOUSE,
Richardson Ross Sherman Shields Sims Smith, W. L. Snow Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor
Thomas Thompson, A. W. Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Webb Wells Westlake Wiggins Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs. :
Alexander Barber Barfield Bennett Black Brantley Busbee Caldwell Carr Collins, M. Conger Conner Crowe Dailey Daugherty Dollar Dorminy Egan Elliott Farrar Fleming Fulford Grahl Hale Hamilton Harrington Harris, R. W.
Harrison Hawkins Henderson Herndon Higginbotham Holder Houston Howard Hull Johnson, B. Jones, G. Paul Jordan, W. H. Kiley Knight Lambert Land Lane Longino Lovett Marshall McCracken Melton Mitchell Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P.
Newton, D. L. Palmer Parrish Pickard Reaves Roach Rowland Rush Russell Savage Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Snellings Spikes Thompson, R. Townsend Tucker Ware Watkins Watson Williams, G. J. Mr. Speaker
On the adoption of the Resolution, the ayes were 124, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
FRIDAY, FEBRUARY 4, 1966
1039
HB 229. By Mr. Lambros of the 130th:
A Bill to be entitled an Act to amend Code Section 26-5101 relating to carrying concealed weapons, so as to include among weapons enumerated in said section razors, ice picks and similar devices having sharp points; and for other purposes.
The following amendment was read and adopted:
Mr. Lambros of the 130th moves to amend HB 229 as follows:
By inserting in the title immediately following the words "having sharp points;" the following "to provide for certain exceptions;"
By striking the period where it appears following the word "mis demeanor" at the end of the first paragraph of quoted Section 26-5101 of Section 1 and inserting in lieu thereof the following:
"; provided, however, nothing herein shall be construed so as to prohibit any person from having or carrying about his person any implement or tool, including the items herein enumerated when applicable, which is being used in the process of performing lawful work in connection with earning a livelihood or in connection with hunting or fishing."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Bagby Barber Bean Bedgood Berry Black Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P.
Bryant Byrd Carley Carnes Gates Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Conger Cox Davis Dean DeLong Dickinson
Dillon Dixon Dollar Dorminy Doster Duncan Egan Etheridge Evensen Farrar Floyd Fulford Funk Gaissert Gary
1040
JOURNAL OP THE HOUSE,
Gaynor Gignilliat Grier Hadaway Harrell Harrington Harris, J. F. Hawkins Herndon Hill Hood Houston Howard Hutchinson Johnson, A. S. Dr. Jones, C. M. Jones, M. Jordan, Ben C. Knapp Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lovell Lowrey Maddox M alone
Matthews, C. Mauldin McClatchey Merritt Minge Mixon Murphy Newton, A. S. Newton, D. L. Oglesby Otwell
Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reaves Reid Roach Ross Savage Sherman Sims Smith, G. L. II
Smith, J. R. Smith, V. T. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Story Stovall Sullivan Sweat Taylor Thomas Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R.
Walling Watson Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs,. Drew
Those not voting were Messrs.:
Alexander Anderson Barfield Bennett Blair Bowen Brantley Busbee Caldwell Carr Chandler Collins, M. Conner Cook
Crowe Dailey Daugherty
Elliott Fleming
Grahl Hale Hamilton Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Howell Hull Irvin Johnson, B. Jones, G. Paul Jordan, W. H.
Kiley Knight Lambert Land Lane Leonard Longino Lovett Marshall Matthews, D. R. McCracken McDaniell Melton Mitchell Moore, Don C. Moore, J. H. NeSmith, J. D.
Nessmith, P. Odom Pickard Richardson Rowland Rush Russell
FRIDAY, FEBRUARY 4, 1966
1041
Shields Simkins Smith, A. B. Smith, W. L. Stewart Thompson, A. W. Thompson, R.
Ware Watkins Webb Wells Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 132, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Simkins of the 106th stated that he had been called from the floor of the House when the vote was taken on HB 229, as amended, but had he been present, would have voted "aye".
Under the general order of business established by the Committee on Rules, the following House Bill was again taken up for consideration:
HB 75. By Messrs. Dickinson of the 27th, Jordan of the 103rd and others:
A Bill to be entitled an Act to amend an Act providing that it shall be unlawful to sell certain automobiles unless they shall be equipped with safety belts and providing a penalty therefor, as amended; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act providing that it shall be unlawful to sell certain automobiles unless they shall be equipped with safety belts and providing a penalty therefor, approved April 9, 1963 (Ga. Laws 1963, p. 366), as amended, by an Act approved March 3, 1964 (Ga. Laws 1964, p. 168), so as to provide that it shall be unlawful to sell passenger automobiles, station wagons and certain trucks after January 1, 1967 unless the seats therein are equipped with safety belts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing that it shall be unlawful to sell certain automobiles unless they shall be equipped with safety belts and pro viding a penalty therefor, approved April 9, 1963 (Ga. Laws 1963, p.
1042
JOURNAL OF THE HOUSE,
366), as amended, by an Act approved March 3, 1964 (Ga. Laws 1964, p. 168), is hereby amended by renumbering Section 2 and Section 3 as Section 3 and 4 respectively.
Section 2. Said Act is further amended by adding a new section between Section 1 and Section 3 to be known as Section 2, to read as follows:
"Section 2. On or after January 1, 1967, it shall be unlawful for any person, firm or corporation to sell a new passenger auto mobile, station wagon or truck in this State unless said automobile, station wagon or truck shall be equipped with two sets of safety belts for the front seat thereof and two sets of safety belts for each of the remaining seats thereof. The safety belts required by this Section shall be installed by the manufacturer prior to delivery to the dealer or shall be installed by the dealer prior to the sale thereof. For the purpose of this Act, the word 'truck' shall mean any truck designed for the transportation of persons or property with a manu facturer's rated load capacity of one ton or less and, in the event such truck has no such rated capacity, then any truck having a gross weight of 6,000 pounds or less."
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.:
Adams Bagby Barber Bean Bedgood Bowen Brinkley Brown, C. Brown, M. P. Bryant Byrd Carley Carnes Gates Chandler Clarke, H. G. Collins, J. F.
Cox Davis Dean DeLong Dickinson Dillon Dorminy Doster Drew Egan Etheridge Evensen Floyd Funk Gaissert Gaynor Gignilliat
Grier Harrington Harris, J. F. Higginbotham Hill Holder Hood Houston Hutchinson Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Knapp Lambros Lea, F. R. Levitas
Lewis Maddox Marshall Matthews, C. Mauldin McClatchey McDaniell Merritt Minge Murphy Newton, A. S. Otwell Overby Palmer Paris Peterson
FRIDAY, FEBRUARY 4, 1966
1043
Phillips Powers Rainey Reid Savage Sherman Sims Simkins Smith, J. R. Smith, V. T. Snellings Spillers Stalnaker Steis Story Thomas
Thompson, A. W. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watson Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood, J. T.
Those voting in the negative were Messrs.:
Alien Berry Blalock Brackin Colwell Gary Hadaway Harrell Herndon
Howard Howell Johnson, Dr. A. S. Lee, W. J. (Bill) Lee, W. S. Lovell Malone Matthews, D. R. NeSmith, J. D.
Oglesby Parker Ross Spikes Stovall Taylor Webb
Those not voting were Messrs.:
Abney Alexander Anderson Barfield Bennett Black Blair Brantley Brown, B. D. Busbee Caldwell Carr Clark, J. T. Collins, M. Conger Conner Cook Crowe Dailey Daugherty Dixon Dollar
Duncan Elliott Farrar Fleming Fulford Grahl Hale Hamilton Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Hull Irvin Jones, C. M. Jordan, W. H. Kiley Knight Lambert Land Lane
Leonard Longino Lovett Lowrey McCracken Melton Mitchell Mixon Moore, Don C. Moore, J. H. Nessmith, P. Newton, D. L. Odom Pafford Parrish Pickard
Reaves Richardson Roach Rowland Rush Russell
1044
Shields Smith, A. B. Smith, G. L. II Smith, W. L. Snow
JOURNAL OF THE HOUSE,
Starnes Stewart Sullivan Sweat Thompson, R.
Underwood Ware Watkins Wilson, J. M. Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 98, nays 25.
The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.
Mr. Dickinson of the 27th gave notice that at the proper time, he would ask the House to reconsider its action in failing to give the requisite constitutional majority to the above captioned HB 75.
HB 370. By Messrs. Richardson of the 116th, Smith of the 3rd and Jones of the 109th:
A Bill to be entitled an Act to amend the Georgia Election Code as the same is codified in Title 34 of the Code of Georgia; and for other purposes.
By unanimous consent, further consideration on the above captioned HB 370 was postponed until Monday, February 7th, 1966.
Mr. Rush of the 75th moved that the House agree to the Senate amendment to the following Bill of the House:
HB 71. By Mr. Rush of the 75th:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Tattnall County, known as the fee system; and for other purposes.
On the motion to agree, the ayes were 110, nays 0.
The motion prevailed and the Senate amendment to HB 71 was agreed to.
Mr. Hull of the 106th arose to a point of personal privilege and addressed the House.
By unanimous consent the following Resolution of the House was read and adopted.
FRIDAY, FEBRUARY 4, 1966
1045
HB 261. By Messrs. Harris, Farrar, Walling and Levitas of the 118th:
A RESOLUTION
Commending Coach Calvin Ramsey and the Avondale High School "Blue Devils" football team; and for other purposes.
WHEREAS, Coach Calvin Ramsey is completing his fifteenth year as Coach of the Avondale High School "Blue Devils" football team; and
WHEREAS, during this period his teams have compiled the en viable record of 130 games won, 29 games lost and 6 games tied; and
WHEREAS, during this period the Avondale "Blue Devils" have won their regional championship 6 times, were co-champions for the State in AA competition in 1958, were North Georgia champions for the State in AAA competition in 1960 and in 1964, were State champions in AAA competition in 1963, and in 1965 had a record of 10 consecutive wins with no losses and were the sub-regional champions; and
WHEREAS, these feats can only be attributed to the spirit of de termination, drive, pride, and sportsmanship instilled in these young athletes by Coach Calvin Ramsey; and
WHEREAS, all of the citizens of Georgia, and particularly those citizens residing within DeKalb County, are justly proud of these ac complishments.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body join with the many relatives and friends of Coach Calvin Ramsey and the young men of the Avondale High School "Blue Devils" football team in extending to them our heartiest congratulations for their many achievements in the playing fields of friendly competition.
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 Avondale High School, Coach Calvin Ramsey, and every member of the "Blue Devils" football team.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate insists on its position and has appointed a Committee of Con ference on the following Bill of the House:
HB 1. By Messrs. Smith of the 90th, Busbee of the 79th and others: A Bill to amend an Act providing appropriations for the State Govern ment for the fiscal year 1965-66 and the fiscal year 1966-67, and for other purposes.
1046
JOURNAL OF THE HOUSE,
The President has appointed as a Committee of Conference on the part of the Senate Senators Rowan of the 8th, Gaynor of the 5th and Webb of the llth.
The Senate insists on its position and has appointed a Committee of Con ference on the following Bill of the House:
HB 2. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1967, in addition to any other appro priations heretofore or hereafter made for the operation of the agencies of the State; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate Senators Rowan of the 8th, Gaynor of the 5th and Webb of the llth.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its tposition in amending the same.
HB 1. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Bill to amend an Act providing appropriations for the State Govern ment for the fiscal year 1965-66 and the fiscal year 1966-67; and for other purposes.
Mr. Vaughn of the 117th moved that the House insist on its position in disagreeing to the Senate amendments and that a Committee of Conference be appointed to confer with a like Committee on the part of the Senate, and the motion prevailed.
The Speaker appointed as a Committee of Conference to confer with a like Committee on the part of the Senate, the following members of the House:
Messrs. Busbee of the 79th, Harris of the 118th and Matthews of the 29th.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its tposition in amending the same.
HB 2. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1967, in addition to any other appro priations heretofore or hereafter made for the operation of the agencies of the State; and for other purposes.
FRIDAY, FEBRUARY 4, 1966
1047
Mr. Vaughn of the 117th moved that the House insist on its position in dis agreeing to the Senate amendments and that a Committee of Conference be ap pointed to confer with a like Committee on the part of the Senate, and the motion prevailed.
The Speaker appointed as a Committee of Conference to confer with a like Committee on the part of the Senate, the following members of the House:
Messrs. Busbee of the 79th, Harris of the 118th and Matthews of the 29th.
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 1. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Bill to amend an Act providing appropriations for the State Govern ment for the fiscal year 1965-66 and the fiscal year 1966-67, and for other purposes.
HB 2. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1967, in addition to any other appropri ations heretofore or hereafter made for the operation of the agencies of the State; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the report of the Committee on Conference:
HB 1. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Bill to amend an Act providing appropriations for the State Govern ment for the fiscal year 1965-66 and the fiscal year 1966-67, and for other purposes.
The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE ON HB 1:
(1) The Conference Committee on HB 1 recommends that the House recede from its position on all Senate amendments.
1048
JOURNAL OF THE HOUSE,
(2) The Committee recommends that the following amendment to HB No. 1 be adopted by both the House and the Senate.
"House Bill No. 1 is hereby amended by adding a new section to be known as Section 1A to read as follows:
"Section 1A. Said Act is further amended by adding at the end of Subsection (A) of Section 19 the following:
'Provided, however, any other provisions of this Act or any other law to the contrary notwithstanding, all matters within the scope of this agency are hereby defined, for the purposes of this Act, to be one program or activity.' "
(3) By renumbering all sections to coincide with the aforesaid amendments.
FOR THE SENATE: Webb of llth Gaynor of 5th Rowan of 8th
FOR THE HOUSE: Busbee of 79th Harris of 118th Matthews of 29th
Mr. Busbee of the 79th moved that the House adopt the report of the Com mittee of Conference on HB 1.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Bagby Barber Bean Bedgood Berry Blair
Blalock Bowen Brackin Brinkley
Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Games Gates Chandler
Clarke, H. G. Clark, J. T . Collins, J. F. Collins, M.
Colwell Conger Cox Davis Dean DeLong Dickinson Dillon Dixon Dollar
Doster Drew Egan Elliott
FEIDAY, FEBRUARY 4, 1966
1049
Etheridge Evensen Fleming Floyd Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Higginbotham Hill Holder Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C.
Kiley Knapp Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Maddox Malone Matthews, C. Matthews, D. R. Mauldin McDaniell Merritt Mitchell Mixon Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Palmer Paris Parker Peterson Phillips Powers Rainey Reaves
Reid Richardson Savage Sherman Sims Simkins Smith, J. R. Smith, V. T. Smith, W. L. Snellings Spikes Spillers Stalnaker
Steis Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Town send Tucker
Tye Vaughn, C. R. Walling Ware Watson Webb Wells Westlake Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Barfield Bennett Black Brantley Caldwell Carr Conner Cook Crowe Dailey Daugherty Dorminy Duncan
Farrar Fulford Harrison Hawkins Jordan, W. H. Knight Lambert Land Leonard Lovett Lowrey Marshall McClatchey McCracken
Melton Minge Moore, Don C. Moore, J. H. Otwell Parrish Pickard Roach Ross Rowland Rush Russell Shields Smith, A. B.
1050
Smith, G. L. II Snow Starnes
JOURNAL OF THE HOUSE,
Stewart Underwood Vaughan, D. N.
Watkins Wiggins Mr. Speaker
On the motion to adopt, the ayes were 153, nays 0.
The motion prevailed and the report of the Committee of Conference on HB 1 was adopted.
The following Bill of the House was taken up for the purpose of considering the report of the Committee on Conference:
HE 2. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1967, in addition to any other appropria tions heretofore or hereafter made for the operation of the agencies of the State; and for other purposes.
The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON HB NO. 2
(1) The Conference Committee on HB 2 recommends that the House recede from its position on all Senate amendments.
(2) The Committee recommends that the following amendment to HB 2 be adopted by both the House and the Senate.
HB 2 is hereby amended by adding at the end of Section 19 the following:
'Provided, however, any other provisions of this Act or any other law to the contrary notwithstanding, all matters within the scope of this agency are hereby defined, for the purposes of this Act, to be one program or activity.'"
Respectfully submitted, For the House: Busbee of 79th Harris of 118th Matthews of 29th For the Senate: Webb of llth Gaynor of 5th Rowan of 8th
FRIDAY, FEBRUARY 4, 1966
1051
Mr. Busbee of the 79th moved that the House adopt the report of the Committee of Conference on HB 2.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Anderson Bagby Barber Bean Bedgood Berry Blair Blalock Bowen Brackin Brantley Brinkley
Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Games Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Colwell Conger Cox Davis Dean DeLong Dickinson Dillon Dixon Dollar Doster Drew Egan Elliott Evensen Fleming Floyd
Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Higginbotham Hill Holder Hood Houston Howard Howell Hull Hutchinson Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Maddox Malone
Matthews, C. Matthews, D. R. Mauldin McDaniell Merritt Mixon Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Palmer Paris Parker Peterson Phillips Powers Rainey Reaves Reid Richardson Savage Sherman Sims Simkins Smith, J. R. Smith, V. T. Smith, W. L. Snellings Spikes Spillers Stalnaker Steis Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R.
1052
Townsend Tucker Tye Underwood Vaughn, C. R. Walling
JOURNAL OP THE HOUSE,
Ware Watson Webb Wells Westlake Williams, G. J.
Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Alexander Barfield Bennett Black Caldwell Carr Conner Cook Crowe
Dailey Daugherty Dorminy Duncan Farrar Fulford Harrison
Hawkins Irvin Jordan, W. H. Knight Lambert Land Leonard Lovett Lowrey Marshall McClatchey McCracken Melton Minge Moore, Don C. Moore, J. H. Otwell
Parrish Pickard Roach Ross Rowland Rush Russell Shields Smith, A. B. Smith, G. L. II Snow Starnes Stewart Vaughan, D. N. Watkins Wiggins Mr. Speaker
On the motion to adopt, the ayes were 152, nays 0.
The motion prevailed and the report of the Committee of Conference on HB 2 was adopted.
Mr. Matthews of the 29th moved that the House do now adjourn until 10:00 o'clock, Monday morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, Monday morning.
MONDAY, FEBRUARY 7, 1966
1053
Representative Hall, Atlanta, Georgia Monday, February 7, 1966
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. Richard M. Austin, Pastor Friendship Presby terian Church, Thomasville, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, 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 ol 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.
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 7, 1966, and submits the following:
HB
30. Sentence imposed, jury trial
HB
33. County officers, Grand Jury
1054
JOURNAL OP THE HOUSE,
HB
36. Criminal procedure, bond forfeited
HB
46. Education, control other departments
HB
85. Interest, loans, residential property
HB 110. County Surveyor, qualifications (Reconsidered)
HB 138. Drivers' licenses, National Guard
HB 148. Peace Officers Annuity Fund
HB 167. Juror, serve other courts
HB 202. Ports Authority, membership
HB 218. Deer hunting, fluorescent clothing
HB 251. Hospital Authority, increase bonds
HB 257. Used car dealers, board membership
HB 302. Motor Fuel Tax, Fuel and Kerosene
HB 303. Tax Exempt, Machinery
HB 306. Athletic contests, admission price
HB 319. Handicapped driver, distress signals
HB 321. Board of Public Health, Amend
HB 344. Trade Secret, deprive owner
HB 370. Election Code, amend
HB 371. Bond issuance, proper authorities
HB 387. Revenue bond, notice of hearing
HB 388. General obligation bonds, hearings
HB 408. Grade crossings, signal
HB 469. Income tax, military personnel
HB 481. Sales Tax, Tangible personal property
HR 157-338. Convey Property, Baldwin County
HR 166-371. Voter Registration, residence required
HR 187-399. Convey property, Hall County
HR 202-431. Convey easement, Chatham County
HR 203-431. Regarding land, Cherokee County, repeal
The Speaker shall have the right to call the above Bills and Reso lutions in any order which he may desire.
Respectfully submitted,
Busbee of 79th, Vice-Chairman.
MONDAY, FEBRUARY 7, 1966
1055
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 558. By Messrs. Harris of the 85th, Gignilliat and Powers of the 113th, Gaynor and Smith of the 114th, Webb of the 65th and others:
A Bill to be entitled an Act to repeal Code Section 26-7302, relating to hotel keepers on beaches keeping lifeboats and other related items; and for other purposes.
Referred to the Committee on Judiciary.
HB 559. By Messrs. Moore and Dean of the 20th:
A Bill to be entitled an Act to amend Code Chapter 26-51, relating to crimes against public peace and tranquillity, so as to provide that it shall be unlawful to carry a firearm while in the act of committing a felony; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 560. By Messrs. Newton of the 94th, Marshall of the 39th and Lowrey of the 13th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Biological Permit Act", by striking the entire Act and enacting in lieu thereof an Act to be known as "The Georgia Biological Permit Act of 1966"; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 561. By Messrs. Williams of the 16th and Snellings of the 104th:
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 influ ence of intoxicating liquor; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 562. By Messrs. Gary, Lee and Harrell of the 35th:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporter; and for other purposes.
Referred to the Committee on Local Affairs.
HB 563. By Messrs. Lea of the 126th, Dillon of the 128th, Gary of the 35th, Carnes of the 129th, Lambros of the 138th and others:
A bill to be entitled an Act to repeal Code Chapter 74-3, relating to bastardy proceedings, so as to repeal Code Section 77-9901 providing
1056
JOURNAL OF THE HOUSE,
that the putative father of an illegitimate child refusing to give security shall be guilty of a misdemeanor; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 564. By Mrs. Hamilton of the 137th, Messrs. Thompson of the 110th, Brinkley of the 112th, Richardson of the 116th, Walling, Farrar and Levitas of the 118th:
A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act", so as to authorize the General Assembly to appropriate specific amounts to the State Board of Probation for use in making grants to counties supporting independent adult probation systems; and for other purposes.
Referred to the Committee on Appropriations.
HB 565. By Messrs. Murphy of the 26th and Reid of the 32nd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Prison Industries Act", so as to authorize the Georgia Prison Indus tries Administration to purchase certain vehicles; and for other pur poses.
Referred to the Committee on State Institutions and Property.
HB 566. By Messrs. Dailey of the 66th, Odom of the 79th, Reid of the 32nd and Murphy of the 26th:
A Bill to be entitled an Act to amend an Act which comprehensively and exhaustively revised, superseded and consolidated the laws relating to the State Board of Corrections and to prisons, so as to change the salary of the Director of Corrections; and for other purposes.
Referred to the Committee on Appropriations.
HB 567. By Messrs. Conger and Dollar of the 89th, Hull of the 104th:
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 increase the amount of tax authorized by said Act from 3% to 4%; and for other purposes.
Referred to the Committee on State of Republic.
HB 568. By Mr. Cook of the 123rd, Mrs. Hamilton of the 137th, Messrs. Games of the 129th, Hood of the 124th, Grier of the 132nd, Egan of the 141st and others:
A Bill to be entitled an Act to grant to municipalities of this State having a population of more than 300,000 certain basic powers, includ ing certain powers to require the repair, closing or demolition of cer tain dwellings, buildings or structures; and for other purposes.
Referred to the Committee on Local Affairs.
MONDAY, FEBRUARY 7, 1966
1057
HB 569. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System, so as to provide for fixed benefit plans; and for other purposes.
Referred to the Committee on Judiciary.
HB 570. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Monroe County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 571. By Messrs. Longino of the 122nd, Cox of the 127th, Lea of the 126th, Hawkins of the 139th, Grier of the 132nd and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, relating to the election of the Mayor and Councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
HR 262-571. By Messrs. Clarke of the 45th and Chandler of the 47th:
A Resolution authorizing the disposal of that tract of land on which is presently located the Governor's Mansion; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 263-571. By Mr. Clarke of the 45th:
A Resolution proposing an amendment to the Constitution so as to create the Monroe County Development Authority; and for other pur poses.
Referred to the Committee on Local Affairs.
HR 264-571. By Messrs. Wilson and Henderson of the 102nd, Jordan of the 103rd and McDaniell of the 101st:
A Resolution proposing an amendment to the Constitution so as to provide for special qualifications for electors which shall be eligible to vote in any election conducted within Cobb County prior to Cobb County or any political subdivision located therein incurring indebted ness; and for other purposes.
Referred to the Committee on Local Affairs.
1058
JOURNAL OF THE HOUSE,
HR 265-571. By Messrs. Davis and Blalock of the 33rd:
A Resolution proposing an amendment to the Constitution so as to create the Heard County Development Authority; and for other pur poses.
Referred to the Committee on Local Affairs.
HR 266-571. By Mr. Rainey of the 69th:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Cordele to issue revenue bonds for purpose of financing the costs of paving or otherwise repairing and constructing streets and sidewalks and the relocation and repairing of utility and drainage facilities, and to assess the cost thereof against abutting property owners for repayment of bonds; and for other purposes.
Referred to the Committee on Local Affairs.
HR 267-571. By Mr. Byrd of the 28th:
A Resolution authorizing the conveyance of certain real estate located in the City of Monroe in Walton County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 268-571. By Messrs. Conger and Dollar of the 89th:
A Resolution proposing an amendment to the Constitution so as to change the amount of homestead exemptions; and for other purposes.
Referred to the Committee on State of Republic.
HR 269-571. By Messrs. Conger and Dollar of the 89th and Hull of the 104th:
A Resolution proposing an amendment to the Constitution so as to pro vide the maximum tax millage which may be levied by counties for education; and for other purposes.
Referred to the Committee on State of Republic.
HR 270-571. By Messrs. Conger and Dollar of the 89th and Hull of the 104th:
A Resolution proposing an amendment to the Constitution so as to provide for the appropriation of 25% of the revenue received from the sales and use tax to educational purposes; nd for other purposes.
Referred to the Committee on State of Republic.
HR 271-571. By Mr. Grahl of the 52nd:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to consolidate and combine the offices
MONDAY, FEBRUARY 7, 1966
1059
of the clerk of the superior court and ordinary of Crawford County into one office; and for other purposes.
Referred to the Committee on Local Affairs.
HB 572. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th, and Harris of the 118th:
A Bill to be entitled an Act to provide salaries for the solicitors gen eral of the Superior Courts; and for other purposes.
Referred to the Committee on Judiciary.
HB 573. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Harris County on a salary system in lieu of a fee system, so as to change the maximum amount of compensation which the deputies may be paid; and for other purposes.
Referred to the Committee on Local Affairs.
HB 574. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Harris County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 575. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Talbot County, so as to change the compensation for the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 576. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act changing the compensa tion of the members of the Board of County Commissioners of Talbot County, so as to change the compensation of said members; and for other purposes.
Referred to the Committee on Local Affairs.
HB 577. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act changing the compensa tion of the Sheriff of Talbot County from the fee system to the salary system, so as to clarify the provisions relating to the salary and expense allowance of the Sheriff; and for other purposes.
Referred to the Committee on Local Affairs.
1060
JOURNAL OF THE HOUSE,
HB 578. By Mr. Paris of the 23rd:
A Bill to be entitled an Act to implement and effectuate the provisions of the Constitution creating the Barrow County School System and the Board of Education, so as to provide for the members of said Board; and for other purposes.
Referred to the Committee on Local Affairs.
HR 272-578. By Mr. Paris of the 23rd:
A Resolution proposing an amendment to the Constitution so as to create the Barrow County School system by merging the independent school system of the City of Winder and the county school system of Barrow County into one school district; to create a Board of Education of said system; to provide for the appointment of a school superin tendent; and for other purposes.
Referred to the Committee on Local Affairs.
HB 579. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend Code Section 88-1812, relating to the levy of tax by counties, cities and towns and that hospital authori ties are without the power to tax, so as to provide that the revenues raised may also be used to pay the cost of retiring, refinancing or refunding any outstanding debt or other obligation of any nature in curred by such authority; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees:
HB 632. By Mr. Jordan of the 78th:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Clay County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 633. By Mr. Jordan of the 78th:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Baker County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
MONDAY, FEBRUARY 7, 1966
1061
HB 634. By Mr. Jordan of the 78th:
A Bill to be entitled an Act to amend an Act abolishing the fee system for the Sheriff of Calhoun County and providing in lieu thereof an annual salary, so as to change the compensation of the sheriff; and for other purposes.
HB 635. By Mr. Jordan of the 78th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Baker County, so as to change the compensation of the chairman and the other members of said Board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 636. By Mr. Jordan of the 78th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Arlington, so as to change the hours which the polls shall be open on election days; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the following Bills and Resolutions were read the second time:
HB 510. By Mr. Roach of the 15th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Cherokee County, so as to change the compensation of the Commissioner; and for other purposes.
HB 511. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to require the Board of Commissioners of Roads and Revenue of Floyd County to conduct an annual audit of finances, financial records and books of Floyd County; and for other purposes.
HB 512. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to require county boards of education in certain counties to conduct a continuing and annual audit of the books and records of such board of education; and for other purposes.
HB 513. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to require hospital authorities in certain counties to conduct an annual audit of the books and records of such hospital authorities; and for other purposes.
1062
JOURNAL OF THE HOUSE,
HB 514. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act placing certain officers of Floyd County on a salary basis, so as to provide that the salary of the comptroller shall be fixed by the Board of Commissioners of Roads and Revenue of Floyd County; and for other purposes.
HB 515. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to require the commissioners of roads and revenues of Floyd County to operate under a budget; and for other purposes.
HB 516. By Mr. Roach of the 15th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the tax commissioner and the ordinary of Cherokee County on a salary system in lieu of the fee system, so as to change the compensation of the sheriff, clerk of the superior court, tax commissioner, ordinary, sheriff's deputies and the various clerks to said offices; and for other purposes.
HB 517. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Lanier County upon an annual salary, so as to fix the annual salary of the sheriff; and for other purposes.
HR 243-517. By Mr. Harris of the 85th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable property located in that dis trict and area within said city described as Downtown Brunswick and to provide for the powers, authority, funds, purposes, and procedure connected therewith; and for other purposes.
HR 244-517. By Messrs. Smith, Mitchell and Leonard of the 3rd:
A Resolution declaring certain property of the State surplus, authoriz ing the State Properties Control Commission to sell such property; and for other purposes.
HB 518. By Mr. Johnson of the 40th:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Glascock County, known as the fee system; and for other purposes.
MONDAY, FEBRUARY 7, 1966
1063
HB 519. By Messrs. Caldwell of the 51st, Peterson of the 59th and Doster of the 73rd:
A Bill to be entitled an Act to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, so as to pro vide that the delinquent payments required to be made into the fund by the clerks shall bear interest; and for other purposes.
HB 520. By Mr. Lovett of the 60th:
A Bill to be entitled an Act to amend an Act creating the city court of Dublin, so as to increase the compensation of the judge and solicitor of said court; and for other purposes.
HB 521. By Messrs. Richardson of the 116th, Gignilliat and Powers of the 113th, Smith of the 114th, Tye and Kiley of the 115th and others:
A Bill to be entitled an Act to amend an Act implementing the Consti tutional provisions creating the Savannah District Authority, so as to delete therefrom certain provisions relating to the terms of office of the authority members and the prohibition against members being eligible to succeed themselves; and for other purposes.
HB 522. By Messrs. Lea of the 126th and Gary of the 35th:
A Bill to be entitled an Act to amend Code Title 56, constituting the Georgia Insurance Code, relating to certain rate filings which are filed with the Insurance Commissioner; and for other purposes.
HB 523. By Messrs. Howard and McDaniell of the 101st, Henderson and Wilson of the 102nd:
A Bill to be entitled an Act creating a new charter for the City of Smyrna, so as to increase the corporate limits; and for other purposes.
HR 245-523. By Messrs. Howard and McDaniell of the 101st and Henderson of the 102nd:
A Resolution compensating Howard Herbert Hamby, Sr.; and for other purposes.
HB 524. By Mr. Lewis of the 50th:
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.
1064
JOURNAL OF THE HOUSE,
HB 525. By Messrs. Howard and Wilson of the 101st, Henderson and Wilson of the 102nd:
A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.
HB 526. By Messrs. Bean, Evensen, Westlake and Higginbotham, Carley, Malone, Palmer and Vaughn of the 117th, Farrar, Harris, Levitas and Walling of the 118th:
A Bill to be entitled an Act to amend an Act creating and establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, so as to redefine the school board districts; and for other purposes.
HB 527. By Mr. Brown of the 135th:
A Bill to be entitled an Act to prohibit the sale at retail of burial vaults and caskets, except by licensed and operating funeral directors; and for other purposes.
HB 528. By Mr. NeSmith of the 43rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Luthersville, so as to increase the corporate limits of the Town of Luthersville; and for other purposes.
HR 246-528. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Resolution proposing an amendment to the Constitution so as to provide that the governing authority of Floyd County may establish water, sanitation, sewerage and fire protection districts in Floyd Coun ty; and for other purposes.
HB 529. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th, Westlake, Higginbotham, Bean and Evensen of the 119th, Farrar, Levitas, Walling and Harris of the 118th:
A Bill to be entitled an Act to amend Code Section 92-6402, providing for the payment of taxes in two installments in counties having a popu lation of not less than 250,000 and not more than 500,000, so as to strike the 10% penalty on delinquent installments and to provide that the first installment shall be due on July 1 and shall become delinquent if not paid by August 15, and the second installment shall be due October 1 and shall become delinquent if not paid by November 15; and for other purposes.
HR 247-529. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Resolution proposing an amendment to the Constitution so as to authorize Floyd County, in unincorporated areas, to construct, pave,
MONDAY, FEBRUARY 7, 1966
1065
etc. streets, roads, curbing, etc. and assess all or a portion of the cost against abutting property and the owners thereof with the approval of a majority of said abutting property owners; and for other pur poses.
HR 248-529. By Messrs. Palmer, Malone, and Carley of the 117th, Brown of the 120th, Walling and Farrar of the 118th:
A Resolution creating the Mass Transportation Commission; and for other purposes.
HR 249-529. By Mr. Johnson of the 25th: A Resolution compensating Alan Vaughter; and for other purposes.
HR 250-529. By Mr. Black of the 56th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Chattahoochee County to assess and collect license fees and taxes upon businesses located in Chatta hoochee County outside the limits of any incorporated municipality; and for other purposes.
HB 530. By Messrs. Oglesby and Russell of the 92nd:
A Bill to be entitled an Act to amend an Act relating to the State Game and Fish Commission, so as to provide for the purchase of uniforms for employees; and for other purposes.
HB 531. By Mr. Bagby of the 21st:
A Bill to be entitled an Act to define the degree of care required of a vehicle operator for a guest passenger; and for other purposes.
HB 532. By Mr. Bagby of the 21st:
A Bill to be entitled an Act to end the immunity of all charitable and governmental entities of their wrongdoings which amounts to negli gence; and for other purposes.
HB 533. By Mr. Bagby of the 21st:
A Bill to be entitled an Act to afford doctors, dentists, nurses and hos pitals a means to collect their claims out of judgments that arise from injuries to patients treated by same; and for other purposes.
1066
JOURNAL OF THE HOUSE,
HB 534. By Mr. Bagby of the 21st:
A Bill to be entitled an Act to amend Code Section 52-111 relating to the presumption of law in the case of loss of property in a hotel or inn, so as to change the provision relating to posting a copy of certain laws on the door of hotel rooms; and for other purposes.
HE 251-534. By Mr. Barber of the 24th: A Resolution compensating Mr. J. W. Keith; and for other purposes.
HE 252-534. By Mr. Barber of the 24th:
A Resolution compensating Mr. Daniel L. Sailors; and for other pur poses.
HR 253-534. By Mr. Barber of the 24th:
A Resolution compensating Mrs. Cleo Thompson; and for other pur poses.
HB 535. By Messrs. Lee, Gary and Harrell of the 35th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Clayton County, so as to change the amount of the bond required of the chairman and of the members of the board; and for other purposes.
HB 536. By Messrs. Lee, Gary and Harrell of the 35th:
A Bill to be entitled an Act to abolish the office of Treasurer of Clayton County; to provide that the Commissioners of Roads and Revenues of Clayton County shall appoint depositories for county funds; and for other purposes.
HB 537. By Messrs. Dorminy of the 72nd, Bowen of the 69th, Doster of the 73rd and Rainey of the 69th:
A Bill to be entitled an Act to place the solicitor general of the Cordele Judicial Circuit upon an annual salary; and for other purposes.
HB 538. By Messrs. Barber of the 24th, Rainey of the 69th, Lane of the 64th, Bowen of the 69th and Sullivan of the 95th:
A Bill to be entitled an Act to provide for the establishment of mini mum standards and salaries for clerical personnel employed in the of fices of the elementary, high school superintendent's office; and for other purposes.
MONDAY, FEBRUARY 7, 1966
1067
HB 539. By Messrs. Barber of the 24th and Story of the 22nd:
A Bill to be entitled an Act to amend Code Section 32-502, relating to the qualifications of the state superintendent of schools, so as to change the qualifications of the state superintendent of schools; and for other purposes.
HR 254-539. By Mr. Etheridge of the 123rd:
A Resolution compensating William Frank Horton; and for other pur poses.
HR 255-539. By Messrs. Matthews and Bedgood ol the 29th:
A Resolution proposing an amendment to the Constitution so as to in crease the membership of the board of education of Clarke County from nine to eleven members; and for other purposes.
HB 540. By Messrs. Matthews and Bedgood of the 29th:
A Bill to be entitled an Act to amend an Act creating the Clarke County School District and providing for a board of education therefor, so as to increase the membership of the board of education; and for other purposes.
HB 541. By Messrs. Fleming and Simkins of the 106th, Hull and Snellings of the 104th, DeLong and Sherman of the 105th:
A Bill to be entitled an Act to amend Code Section 38-1501, relating to the attendance of witnesses and the fees thereof, so as to provide for the payment of fees to any member of any police force attending any court having a jurisdiction to enforce penal laws of this State; and for other purposes.
HB 542. By Messrs. Richardson and Funk of the 116th, Gaynor of the 114th, Tye and Kiley of the 115th and Powers of the 113th:
A Bill to be entitled an Act to amend Code Section 47-101, relating to apportionment of the membership of the House of Representatives of the General Assembly of Georgia, so as to change the method of ap portioning membership in the House of Representatives for Chatham County; and for other purposes.
HB 543. By Messrs. Blalock of the 33rd and Vaughn of the 117th:
A Bill to be entitled an Act to create Fiscal Affairs Subcommittees of the Senate and the House of Representatives; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 544. By Messrs. Houston of the 84th, Johnson of the 25th, Barber of the 24th, Gary of the 35th, Dixon of the 83rd and Mrs. Merritt of the 68th:
A Bill to be entitled an Act to amend an Act creating within the De partment of Family and Children Services, an autonomous Division for Children and Youth, and a State Board for Children and Youth, so as to change the judicial review procedure relating to the licensing and inspection of child welfare agencies; and for other purposes.
HB 545. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Rome, relating to the Board of Education; and for other purposes.
HB 546. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, so as to provide the qualifications of the members of the Rome City Commissioners; and for other purposes.
HB 547. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act creating the charter for the City of Rome, so as to provide that each Ward shall consist of Post No. 1, Post No. 2 and Post No. 3 for election purposes; and for other purposes.
HB 548. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, relating to the number of wards within the City of Rome; and for other purposes.
HB 549. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, relating to fines, taxes, forfeitures or other indebtedness due said City; and for other purposes.
HB 550. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, so as to provide for primary elections and the nomi nation of candidates for any general election and special election by primary or nomination petition; and for other purposes.
MONDAY, FEBRUARY 7, 1966
1069
HB 551. By Mr. Busbee of the 79th:
A Bill to be entitled an Act to provide for family planning services; to provide that the State Department of Health, county departments of health, health districts, the State Department of Family and Children Services, county departments of family and children services and dis trict departments of family and children services shall provide family planning services; and for other purposes.
HB 552. By Messrs. Hull of the 104th and DeLong of the 105th:
A Bill to he entitled an Act to amend an Act changing from the fee to the salary system certain of the county officers of certain counties of this state, so as to change the compensation of certain employees of the sheriff's office; and for other purposes.
HR 256-552. By Mr. Bowen of the 69th:
A Resolution authorizing a statue, bust or other memorial of Walter Franklin George to be placed in the halls of the Capitol of the State of Georgia; and for other purposes.
HB 553. By Messrs. Fulford of the 67th, Newton of the 94th and Palmer of the 117th:
A Bill to be entitled an Act to amend Code Chapter 84-12, relating to establishing the State Board of Osteopathic Examiners, so as to provide that persons wishing to obtain a license to practice osteopathy in this State shall furnish satisfactory evidence of having completed one year of training as an intern in a hospital in good standing with the State Board of Osteopathic Examiners; and for other purposes.
HB 554. By Mr. Hood of the 124th:
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 a municipality located in more than one county when one or more such counties is a county in which liquor may be sold, stamps or retail liquor license may be sold to a resident of a munici pality residing in a county in which liquor may not he sold; and for other purposes.
HB 555. By Mr. Jordan of the 103rd:
A Bill to be entitled an Act to provide the procedure which must be followed in order that counties might purchase real estate; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 556. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st, and Jordan of the 103rd:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, the sheriff and the ordinary of Cobb County upon an annual salary, so as to provide for a minimum salary for the deputy sheriffs; and for other purposes.
HR 257-556. By Mr. Chandler of the 47th: A Resolution compensating Lombard A. Nardi; and for other purposes.
HB 557. By Messrs. Egan of the 141st, Maddox of the 8th, Watkins of the 9th, Townsend of the 140th, Smith of the 114th and others: A Bill to be entitled an Act to repeal Code Chapter 59-4, relating to the requirement that grand juries inspect every orphanage, sanitarium, and all other similar facilities located within the county; and for other purposes.
HR 258-557. By Mr. Knapp of the 109th: A Resolution compensating Mr. Walker Grinsted; and for other pur poses..
HR 259-557. By Mr. Wilson of the 102nd:
A Resolution compensating A. L. Hyde and Harold Hyde; and for other purposes.
HR 260-557. By Mr. Wilson of the 102nd: A Resolution compensating Mr. Clyde Glore; and for other purposes.
Leave of absence was granted to Mr. Smith of the 44th for this date and tomorrow, February 8, 1966 because of a death in the family.
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 and House, to-wit:
MONDAY, FEBRUARY 7, 1966
1071
SB 39. By Senator Hill of the 29th:
A Bill to amend an Act providing and establishing a charter for the City of Woodbury in the County of Meriwether, approved Aug. 16, 1913 (Ga. Laws 1913, p. 1264), as amended, so as to provide for a majority vote for the offices of mayor and councilmen; and for other purposes.
SB 54. By Senator Wesberry of the 37th: A Bill to amend an Act relating to the inspection of public records, approved Feb. 27, 1959 (Ga. Laws 1959, p. 88), and for other purposes.
SB 99. By Senator Hill of the 29th: A Bill to amend an Act incorporating the town of Greenville, in the County of Meriwether, approved Sept. 12, 1887 (Ga. Laws 1886-87, p. 498), as amended, so as to change the corporate limits of said city; and for other purposes.
SB 53. By Senators Lee of the 47th and Sanders of the 41st: A Bill to provide a different statute of limitations on any action, whether in contract, in tort or otherwise, to recover damages for any deficiency of construction of an improvement to real property, or for injury to property out of such deficiency; and for other purposes.
SB 115. By Senator Kilpatrick of the 44th:
A Bill to amend Code Sec. 59-203 relating to the drawing of names of persons to serve as jurors so as to change the maximum number of names that may be drawn; and for other purposes.
HB 19. By Mr. Fulford of the 67th:
A Bill to create a Board of Commissioners of Roads and Revenues for Terrell County; and for other purposes.
HB 22. By Mr. Mauldin of the 18th:
A Bill to abolish the present mode of compensating the sheriff of Franklin County, known as the fee system; and for other purposes.
HB 23. By Mr. Mauldin of the 18th:
A Bill to amend an Act incorporating the City of Royston, so as to pro vide that all members of the Council shall be elected from the city at large, in lieu of by wards; and for other purposes.
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JOURNAL OP THE HOUSE,
HB 115. By Mr. Murphy of the 26th:
A Bill to amend an Act providing an annual salary for the treasurer of Haralson County, so as to increase the compensation of the treasurer of Haralson County; and for other purposes.
HB 116. By Mr. Murphy of the 26th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Haralson County, so as to increase the salary of the Commissioner; and for other purposes.
HB 181. By Mr. Crowe of the 80th:
A Bill to abolish the present method of compensating the sheriff of Worth County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 183. By Mr. Murphy of the 26th:
A Bill to abolish the present mode of compensating the sheriff and ordinary of Haralson County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 235. By Mr. Dorminy of the 72nd:
A Bill to provide that the Clerk of the Superior Court of Ben Hill County shall be placed on a salary basis in lieu of a fee basis; and for other purposes.
HB 249. By Mr. Brown of the 19th:
A Bill to amend an Act creating the office of Commissioner of Roads and Bridges and a Board of Finance for Hart County, so as to remove the provision limiting the cost of the preparation and publication of an itemized list of expenditures of Hart County in the official organ of said county; and for other purposes.
HB 250. By Mr. Brown of the 19th:
A Bill to abolish the present mode of compensating the Clerk of the Superior Court and the Ordinary of Hart County, known as the fee system; and for other purposes.
HB 256. By Messrs. Bryant of the 108th, Jones, Knapp, Stewart and Wilson of the 109th:
A Bill to amend an Act reenacting the charter of the City of Macon, so as to provide that the method and procedure for condemnation of prop erty for the widening and changing of streets and the opening of new streets and alleys shall be any method and procedure now are hereafter authorized by the laws of Georgia; and for other purposes.
MONDAY, FEBRUARY 7, 1966
1073
HB 305. By Mr. Clark of the 2nd:
A Bill to repeal an Act creating a Board of Utility Commissioners for Catoosa County, so as to provide that all vacancies on the Board of Utility Commissioners shall be filled by appointment by the govern ing authority; and for other purposes.
HB 359. By Messrs. Pickard, Brinkley and Jones of the 112th and others:
A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues of Muscogee County, so as to change the time for the election of a chairman and vice-chairman for said Board from the first meeting in January following the General Election at which a new member shall have been elected; and for other purposes.
HB 360. By Messrs. Pickard, Brinkley and Jones of the 112th and others:
A Bill to amend Code Sec. 23-1704, providing for contractors to give bond on contracts for building or repairing any public building, so as to provide that in certain counties that one good and solvent security for the faithful performance of the contract and to indemnify the county for any damages occasioned by failure, shall be sufficient; and for other purposes.
HB 361. By Messrs. Pickard, Brinkley and Jones of the 112th, and others:
A Bill to amend an Act known as the Urban Redevelopment Law, so as to provide that in certain counties the term "municipality" used in said Act shall also mean "County"; to provide further than in any such county all powers, privileges, duties and immunities now or here after granted to municipalities are hereby granted to every such county; and for other purposes.
HB 362. By Messrs. Pickard, Jones and Brinkley of the 112th and others:
A Bill to amend an Act regulating traffic on the streets and highways of this State, so as to provide that in certain counties, law enforcement vehicles may be equipped with a lighted lamp displaying a flashing blue light; and for other purposes.
HB 364. By Messrs. Pickard, Jones and Brinkley of the 112th and others:
A Bill to amend an Act providing for a permanent pension fund for certain present and future employees of Muscogee County; and for other purposes.
HB 92. By Messrs. Smith of the 90th, Hale of the 1st 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 of the dealer for collecting, accounting for, and remitting the tax levied by said Act; and for other purposes.
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JOURNAL OF THE HOUSE,
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the House, to-wit:
HB 3. By Messrs. Smith of the 90th, Busbee of the 79th and others:
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 increase certain license fees; and for other pur poses.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:
SB. 85. By Senator Johnson of the 38th:
A Bill to create a State-wide tenure law for all administrative and teaching personnel of the public school system, except those who work directly under a State or local merit system; and for other purposes.
SB 98. By Senators Jackson of the 16th and Kendrick of the 32nd:
A Bill to amend an Act establishing a retirement system for teachers in the State Public Schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended; and for other purposes.
SB 89. By Senator Holley of the 22nd:
A Bill to amend Code Sec. 13-204 relating to private banks or private bankers, as amended; and for other purposes.
SB 114. By Senators Webb of the llth and Jackson of the 16th:
A Bill to amend Code Sec. 84-1008, relating to the qualifications of applicants for registration as graduate nurses, as amended by an Act approved Jan. 31, 1946 (Ga. Laws 1946, p. 89), so as to provide for an additional method of qualifying for registration as a graduate nurse; to repeal conflicting laws; and for other purposes.
Mr. Blalock of 33rd Disrict, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
MONDAY, FEBRUARY 7, 1966
1075
Your Committee on Appropriations has had under consideration the follow ing Resolutions of the House and has instructed me as Chairman, to report the same back with the following recommendations:
HR 208-438. Do Pass.
HR 181-385. Do Pass.
HR 172-385. Do Pass.
HR 176-385. Do Pass.
HR 13- 13. Do Pass.
HR 86-138. Do Pass.
HR 212-444. Do Pass.
HR 168-381. Do Pass.
HR 169-381. HR 170-381. HR 171-383. HR 10- 13. HR 184-389. HR 125-239. HR 214-454. HR 174-385. HR 175-385. HR 94-165.
Do Pass. Do Pass. Do Pass. Do Pass. Do Pass in sum of $1,140.89 as Recommended. Do Pass in Sum of $555.08 as Recommended. Do Pass by Committee Amendment. Do Pass in Sum of $1,016.50 as Recommended. Do Pass in Sum of $100.00 as Recommended. Do Pass in Sum of $591.15 as Recommended.
Respectfully submitted,
Blalock of 33rd,
Chairman.
Mr. Brinkley of the 113th District, 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 and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 232-494. Do Pass. HR 241-504. Do Pass. HB 461. Do Pass.
Respectfully submitted, Brinkley of 112th, Chairman.
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JOURNAL OF THE HOUSE,
Mr. Barber of the 24th District, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
Respectfully submitted,
Barber of 24th,
Chairman.
By unanimous consent, the following Bill of the House was withdrawn from further consideration:
HB 508. By Messrs. Lea of the 126th and Gary of the 35th:
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.
Mrs. Merritt of the 68th presented the Americus Optimist Boy's Choir of Americus, Georgia, who rendered several selections.
By unanimous consent, the following Resolutions of the House were read and adopted:
HR 275. By Messrs. Smith of the 54th, Phillips of the 41st, McCracken of the 49th and Lambert of the 38th:
A RESOLUTION
Wishing a speedy recovery to the Honorable Parker McRae; and for other purposes.
WHEREAS, the Honorable Parker McRae, one of Georgia's most distinguished and outstanding citizens, is ill; and
WHEREAS, the Honorable Parker McRae is a close and devoted friend to many of the members of this body; and
WHEREAS, Parker McRae has endeared himself to the members of this body with his many acts of kindness and for his willingness to extend his advice and counsel to the members of this body; and
MONDAY, FEBRUARY 7, 1966
1077
WHEREAS, it is the desire of all members of this House to extend their most heartfelt wishes for the complete and speedy recovery of this beloved friend.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and sincerest wish that the Honorable Parker McRae experience a rapid and full recovery to health in order that he might join his many friends in this body and throughout the entire State of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and instructed to transmit an appro priate copy of this resolution to the Honorable Parker McRae.
HR 276. By Messrs. Funk and Richardson of the 116th, Smith of the 54th and others:
A RESOLUTION
Expressing appreciation to the Delta Air Lines; and for other purposes.
WHEREAS, each morning Delta Air Lines flies from the coastal area to the State Capitol the daily newspapers of the coastal region of this state and distributes them to the member of the General Assembly representing the coastal area of the State of Georgia, thus enabling these members of the General Assembly to keep informed and apprised of the pulse of their constituents; and
WHEREAS, this is a valuable and most appreciated public service.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its sincerest appreciation to Delta Air Lines and, in particular, to their Savannah manager, Gene Hyde, for their kindness in furnishing the members of the General Assembly representing the coastal area of the State of Georgia with their daily newspapers each morning, without which serv ice these members of the General Assembly would be unable to repre sent as effectively their constituents.
By unanimous consent, the following Resolution of the House was read and referred to the Committee on State Institutions and Property.
HR 277. By Messrs. Cox of the 127th, Brown of the 120th, Games of the 129th and others:
A RESOLUTION
Urging the State of Georgia to acquire the L. P. Grant property located on St. Paul Street in Atlanta, Georgia, for the purposes of estab lishing such property as a historical monument; and for other purposes.
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WHEREAS, the famous and historical home site of L. P. Grant, who donated to the City of Atlanta the property upon which now is located a fine park and zoo within the City of Atlanta, presents a unique opportunity to have available to the public a fine home of an area of the past; and
WHEREAS, it would be desirable both as a historical monument and a tourist attraction to develop the home site of Mr. L. P. Grant, which is located on St. Paul Street, immediately across from Grant Park; and
WHEREAS, without proper development, the L. P. Grant home site will deteriorate and a valuable historical monument will be lost to the citizens of this state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State of Georgia, acting by and through any of its appropriate agencies or departments, is hereby requested to acquire the L. P. Grant home site, which is located on St. Paul Street in Atlanta, Georgia, at such time as funds become available for said purpose and that, upon acquisition of said property by the State of Georgia, it be developed into an appropriate historical monu ment to this fine and distinguished citizen of the State of Georgia.
By unanimous consent the following Resolutions of the House were read and referred to the Committee on Rules:
HR 278. By Messrs. Floyd of the 7th, Bagby of the 21st, Lane of the 64th, Fleming of the 106th and Conger of the 89th:
A RESOLUTION
Creating an interim committee to study the problems of retirement and existing retirement systems available to officers and employees of the Department of Public Safety; and for other purposes.
WHEREAS, it is of paramount importance to the State of Georgia that its citizens be secure from debt and worry in their older years; and
WHEREAS, such security generally consists of some sort of retire ment system or systems; and
WHEREAS, all of the employees of the State of Georgia, and par ticularly the employees of the Department of Public Safety, deserve the benefits of such security, for only through the guarantee of secured benefits to trusted and valued employees is the State able to retain such employees and continue the superior levels of efficiency in the operations of the state government that these employees provide.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that a committee be appointed to study and in-
MONDAY, FEBRUARY 7, 1966
1079
vestigate the problems of retirement and the existing retirement sys tems available for officers and employees of the Department of Public Safety. Such committee shall consist of five (5) members to be appointed by the Speaker of the House of Representatives.
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, per formance, and duties and accomplish the objectives and purposes of this Resolution.
BE IT FURTHER RESOLVED that the members of the committee shall receive the same compensation, per diem expenses and allowances authorized for legislative members of interim legislative committees. 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 government. Such compensation, expenses or allowances shall not be received for more than twenty (20) days.
BE IT FURTHER RESOLVED that the committee shall be author ized to utilize the services of the Office of Legislative Counsel in carry ing out its responsibilities under this Resolution, and in this connection may require said offices to review the laws and recent developments 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, 1966, on which date the committee shall stand abolished.
HR 279. By Messrs. Brown of the 120th, Gates of the 123rd and others:
A RESOLUTION.
Creating an interim legislative committee to study and investigate all matters relative to accident, medical, surgical, sickness and hospitalization insurance; and for other purposes.
WHEREAS, many insurance corporations in Georgia are qualified to issue policies or contracts of insurance entitling the holder of such policies or contracts to be paid accident, medical, surgical, sickness and hospitalization insurance benefits; and
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JOURNAL OF THE HOUSE,
WHEREAS, pursuant to the provisions of Code Title 56, constitut ing the Georgia Insurance Code, as amended, there have been estab lished in the State of Georgia non-profit corporations authorized to issue medical service and hospital service policies or contracts, and
WHEREAS, pursuant to said policies or contracts certain medical and hospital charges are paid, and
WHEREAS, the extent of coverage relative to medical service and hospital service covered by policies or contracts issued by said non profit corporations are not as broad as those issued by insurance cor porations organized by pecuniary gain and profit, notwithstanding the fact that the premiums for said policies or contracts are relatively the same, and
WHEREAS, there have been registered with the members of the 1966 regular session of the General Assembly of Georgia complaints inferring that the laws governing non-profit medical service and hos pital service corporations or the corporations themselves discriminate against professions authorized by the laws of the State of Georgia to administer professional medical services to the human anatomy, and
WHEREAS, the laws of the State of Georgia relating to profit and non-profit insurance corporations which are authorized to issue in surance policies or contracts for the payment of accident, medical, surgical, sickness and hospitalization insurance benefits should be studies, and
WHEREAS, the operations of the corporations issuing said policies or contracts of insurance should be studied, particularly the benefits provided in the policies or contracts issued by said corporations, and
WHEREAS, it was declared in Chapter 56-18 of the Georgia In surance Code authorizing the organization of non-profit medical service corporations that it was the public policy of the State of Georgia to conserve its human resources by making available to all its citizens medical and surgical care in keeping with modern scientific practices in the field of medicine.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim legis lative committee to be known as the "House Medical and Hospitalization Insurance Committee" to be composed of seven members of the House of Representatives, five of which shall be appointed by the Speaker from the Standing Insurance Committee of the House of Representa tives, as the same was appointed at the 1966 regular session of the Gen eral Assembly, and two members to be appointed by the Speaker from the remaining members of the House of Representatives. The Commit tee shall be authorized:
(a) to study all laws relating to insurance corporations authorized to issue accident, medical, surgical, sickness and hospitalization insur ance policies or contracts.
MONDAY, FEBRUARY 7, 1966
1081
(b) to study the operations of the insurance corporations author ized to issue accident, medical, surgical, sickness and hospitalization insurance policies or contracts, particularly the benefits provided for in the policies or contracts issued by said corporations,
(c) to ascertain if insurance corporations authorized to issue said policies or contracts discriminate against any professions authorized by the laws of the State of Georgia to administer professional medical services to the human anatomy,
(d) to make a report of its studies, findings and recommendations including proposed changes to existing laws to the 1967 regular session of the General Assembly,
(e) to request the assistance of the Insurance Commissioner of the State of Georgia on all matters relative to this resolution, and
(f) to perform such other duties and functions as are necessary to effectuate the purposes of this resolution.
BE IT FURTHER RESOLVED that the members of the commit tee shall receive the compensation, per diem, expenses and allowances authorized for members of interium legislative committees, but shall receive the same for not more than ten days per member. The funds necessary for the purposes of this resolution shall come from those funds appropriated to or available to the legislative branch of govern ment. The committee shall make a report of its studies, findings and recommendations, including proposed changes to existing laws, if any, on or before December 1, 1966, on which date the committee shall stand abolished and cease to exist.
Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 157-338. By Messrs. Chandler and Harrington of the 47th:
A Resolution conveying a certain lot, tract or parcel of land and all permanent improvements made thereon or connected therewith within the 320th Militia District of Baldwin County, Georgia to the Wardens and vestry of St. Stephen's Church and their successors, in Milledgeville, Georgia; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Authorizing the State Real Properties Control Commission to lease a certain lot, tract or parcel of land and all permanent improvements
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JOURNAL OF THE HOUSE,
made thereon or connected therewith within the 320th Militia District of Baldwin County, Georgia, to the Wardens and Vestry of St. Stephen's Church and their successors in Milledgeville, Georgia; and for other purposes.
WHEREAS, the State of Georgia is the owner of all that certain lot, tract or parcel of land lying and being in the corporate limits of the City of Milledgeville within the 320th Militia District of Baldwin County, Georgia, which is described as follows:
"All of that certain lot, tract or parcel of land together with any and all permanent improvements located thereon or connected therewith situate lying and being in the corporate limits of the City of Milledgeville within the 320th Militia District of Baldwin Coun ty, Georgia, the same being a part of the State House Square in said city as shown by Dr. Mitchell's official map and survey and being more particularly described as follows:
"BEGINNING at a point which said point lies along the east ern right-of-way boundary of that certain public street area or road in said city known as South Wayne Street and which said point is South 13 degrees 15 minutes East a distance of 258.3 feet from the intersection corner of said South Wayne Street with the south ern right-of-way boundary of that certain public street area or road in said city known as East Green Street and proceeding thence North 77 degrees 26 minutes East a distance of 210.0 feet, along the boundary line between the boundary of the property herein described and the southern boundary of the northwesternmost re maining portion of the northwestern quadrant portion of said State House Square, to a point; thence South 13 degrees 15 minutes East a distance of 190.5 feet, along the boundary line between the eastern boundary of the property herein described and the western bound ary of the easternmost remaining portion of the northwestern quadrant portion of said State House Square, to a point; thence South 77 degrees 26 minutes West along the southernmost bound ary of the property herein described a distance of 210.0 feet to a point along the eastern right-of-way boundary of said South Wayne Street; thence along the eastern right-way boundary of said South Wayne Street North 13 degrees 15 minutes West a distance of 190.5 feet to the point of BEGINNING.
"Said property is bounded as follows: On the North by other lands now or formerly of the State of Georgia in said State House Square; on the East by other lands now or formerly of the State of Georgia in said State House Square; on the South by other lands now or formerly of the State of Georgia in said State House Square; and on the West by the eastern right-of-way boundary of said South Wayne Street.
"Said above described property is herein described in accord ance with the metes, bounds, courses, and distances as shown by a plat made from a survey by Walker McKnight, Georgia Registered Surveyor No. 864 dated September, 1965, and said plat is by refer ence only made a part of this description and shall be considered controlling as to the size, dimension and location of the property herein described."; and
MONDAY, FEBRUARY 7, 1966
1083
WHEREAS, pursuant to the provisions of an Act assented to (approved) December 8, 1841 (Ga. Laws 1841, Nov-Dec. Annual Ses sion, p. 42), John R. Getting and Charles J. Paine, wardens, and John S. Thomas, Michael J. Kenan and William S. Rockwell, vestrymen, and their successors in office, were incorporated and made a body politic and corporate under the name and style of the Wardens and Vestry of St. Stephen's Church, in Milledgeville, Georgia; and
WHEREAS, in the early days in the history of the State of Geor gia, churches and religious denominations were accorded the privilege of locating their buildings of worship on property owned by the State; and
WHEREAS, at the present time the only improvement located on the property herein described is the St. Stephen's Church; and
WHEREAS, due to its urban location, the said church is in dire need of additional property whereon automobiles may be parked and on which future improvements could be made; and
WHEREAS, it would be impractical and would interfere with the symmetry of the other buildings in the vicinity to make expansions without additional real property; and
WHEREAS, the Board of Trustees of the Georgia Military College have renounced all claims to said property; and
WHEREAS, St. Stephen's Church has been located on said prop erty since 1841 under the authority of the General Assembly of Geor gia; and
WHEREAS, the Wardens and Vestry of St. Stephen's Church, in their corporate capacity, are desirous of leasing the property herein described; and
WHEREAS, the leasing of said property would in no way interfere with or decrease the value of the other property owned by the State in the vicinity of the property herein described; and
WHEREAS, it is the findings of the General Assembly of Georgia that the tract or parcel as described herein is surplus and is not needed for State purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Real Properties Control Commission is hereby authorized to lease such property described in this resolution to the Wardens and Vestry of St. Stephen's Church, in their corporate capacity, for a period of ninety-nine (99) years. The terms and conditions of such lease shall be as agreed upon by the State Real Properties Control Commission and the Wardens and Vestry of St. Stephen's Church; provided, however, the instrument or instru ments executed by the State Real Properties Control Commission and the Wardens and Vestry of St. Stephen's Church shall contain appro priate provisions whereby the lease shall be terminated in the event such property ceases to be used for a place of worship.
1084
JOURNAL OF THE HOUSE,
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:
Voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Collins, M. Colwell Conger Cook Cox Dailey Daugherty Da vis Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott
Etheridge Farrar Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Holder Hood Howell Hull Hutchinson Johnson, Dr. A. S. Jones, G. Paul Jones, M. Kiley Knapp Lambros Lea, F. R. Lee, W. S. Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C.
Matthews, D. R. Mauldin McClatchey Melton Merritt Minge Mitchell Mixon Murphy Nessmith, P. Newton, A. S. Overby Pafford Palmer Parker Parrish Peterson Powers Rainey Reid Richardson Roach Ross Rowland Rush Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Spikes Spillers Starnes Steis Story Stovall Sullivan Sweat Thomas Thompson, A. W.
Townsend Tucker Tye Underwood Vaughn, C. R.
MONDAY, FEBRUARY 7, 1966
1085
Walling Ware Watson Webb Westlake
Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Anderson Bagby Bean Bowen Brown, M. P. Caldwell Clark, J. T. Collins, J. F. Conner Crowe Dean DeLong
Evensen Hale
Henderson Hill Houston Howard Irvin
Johnson, B. Jones, C. M. Jordan, Ben C, Jordan, W. H. Knight Lambert Land Lane Lee, W. J. (Bill) Leonard Levitas Lovett
McCracken McDaniell
Moore, Don C. Moore, J. H. NeSmith, J. D. Newton, D. L. Odom
Oglesby Otwell Paris Phillips Pickard Reaves Russell Smith, A. B. Smith, J. R. Snow Stalnaker Stewart
Taylor Thompson, R.
Vaughan, D. N. Watkins Wells Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, by substitute, the ayes were 147, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
HR 187-399. By Messrs. Overby, Williams and Wood of the 16th:
A Resolution authorizing the conveyance of certain land owned by the State Highway Department; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien
Bagby Barber Barfield Bedgood
Bennett Berry Black Blalock
1086
Brackin Brantley Brinkley Brown, B. D. Bryant Busbee Byrd Carley Carnes Carr Cates Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Cox Dailey Daugherty Davis DeLong Dickinson Dillon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge Evensen Floyd Fulford Funk Gaissert Gary Gignilliat Hadaway Hamilton Harrell Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins
JOURNAL OF THE HOUSE,
Herndon Higginbotham Hood Howell Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Leonard Lewis Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. McClatchey Melton Minge Mitchell Mixon Moore, J. H. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Parker Parrish Peterson Pickard
Powers Rainey Reaves Reid Richardson Roach Ross Rowland Rush Savage Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Anderson Bean Blair Bo wen Brown, C.
Brown, M. P. Caldwell Chandler Clarke, H. G. Conner
Cook Crowe Dean Dixon Farrar
Fleming Gaynor Grahl Grier Hale
Harrington Henderson Hill Holder Houston Howard Hull Jordan, W. H.
MONDAY, FEBRUARY 7, 1966
1087
Knight Land Lane Levitas Longino
Lovett Mauldin McCracken McDaniell Merritt Moore, Don C. NeSmith, J. D. Odom
Paris Phillips Russell Sherman Smith, J. R.
Snow Spikes Townsend Underwood Vaughan, D. N. Ware Wilson, J. M.
On the adoption of the Resolution, the ayes were 149, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 202-431. By Mr. Gignilliat of the 113th.
A Resolution authorizing the conveyance of an easement over, across and through certain real property owned by the State of Georgia in Chatham County, Georgia; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Abney Adams Alexander Alien Anderson Barber Barfield Bedgood Bennett Berry Black Blalock Brantley
Brinkley Brown, B. D. Brown, C. Brown, M. D.
Bryant Busbee Byrd Carley Carnes Carr Gates Chandler Collins, J. F. Collins, M. Colwell Conger Cook
Cox Dailey Davis DeLong
Dickinson Dillon Dixon Dollar Dorminy Drew Duncan Egan Elliott Etheridge Evensen Floyd Fulford
Funk Gaissert Gary Gaynor
1088
JOURNAL OF THE HOUSE.
Gignilliat Grahl Hadaway Hamilton Harrell Harrington Harris, J. R. Harrison Hawkins Herndon Higginbotham Holder Hood Howell Hutchinson Johnson, A. S. Dr. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Longino
Lovell Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin Minge Mitchell Mixon Nessmith, P. Newton, A. S. Overby Palmer Parker Parrish Powers Rainey Reaves Reid Richardson Roach Rush Savage Sherman Shields Sims
Simkins Smith, G. L. II Smith, W. L. Snellings Spikes Spillers Starnes Steis Story Sullivan Sweat Thompson, A. W. Townsend Tucker
Tye
Underwood Vaughn, C. R. Walling Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bagby Bean Blair Bo wen Brackin Brown, M. P. Caldwell Clarke, H. G. Clark, J. T. Conner Crowe Daugherty Dean Doster Farrar Fleming Grier Hale Harris, J. F. Harris, R. W. Henderson Hill Houston Howard Hull
Irvin Johnson, B. Jordan, W. H. Knight Lambert Lambros Land Lane Leonard Le vitas Lovett Maddox McClatchey McCracken McDaniell Melton Merritt Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, D. L. Odom Oglesby Otwell
Pafford
Paris Peterson Phillips Pickard Ross Rowland Russell Smith, A. B. Smith, J. R. Smith, V. T. Snow Stalnaker Stewart Stovall Taylor Thomas Thompson, R. Vaughan, D. N. Ware Watkins Wells Wilson, J. M.
MONDAY, FEBRUARY 7, 1966
1089
On the adoption of the Resolution, the ayes were 130, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 203-431. By Mr. Roach of the 15th.
A Resolution repealing two resolutions regarding land 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:
Abney Adams Alexander Alien Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Carley Games Carr Gates Chandler Clarke, H. G. Collina, J. P. Collins, M. Colwell Conger Cook Cox Dailey Daugherty Davis
Dickinson
Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elloitt Etheridge
Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton
Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Higginbotham Holder Hood Howell Hutchinson
Irvin Johnson, A. S. Dr. Jones, G. Paul Jones, M. Kiley Knapp Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey Melton Merritt Minge Mixon Newton, A. S. Newton, D. L. Otwell Overby Pafford Palmer Parker Parrish Peterson
1090
Phillips Powers Rainey Reaves Reid Richardson Roach Ross Rowland Rush Savage Sherman Shields Sims Simkins Smith, A. B.
JOURNAL OP THE HOUSE,
Smith, G. L. II Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W.
Town send Tucker Tye Vaughn, C. R. Walling Ware Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wood
Those not voting were Messrs.:
Anderson Bagby Bean Bowen Brantley Brown, M. P. Caldwell Clark, J. T. Conner Crowe Dean DeLong Evensen Farrar Fleming Hale Harris, R. W. Henderson
Hill Houston Howard Hull Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Knight Lambert Land Lane Leonard Lovett Lowrey McCracken McDaniell Mitchell
Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Odom Oglesby Paris Pickard Russell Smith, J. R. Smith, V. T. Snow Thompson, R. Underwood Vaughan, D. N. Wilson, J. M. Wilson, R. W.
On the adoption of the Resolution, the ayes were 149, nays 0.
The Resolution, having received the requisite constitutional majority, adopted.
HB 251. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th.
A Bill to be entitled an Act known as the "State Hospital Authority Act", as amended and recreated by an Act approved February 19, 1941, and as particularly amended by an Act approved March 18, 1964, so as to increase the amount of bonds which the State Hospital Authority may issue; and for other purposes.
MONDAY, FEBRUARY 7, 1966
1091
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Alien Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Carley Carnes Carr
Gates Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Cox Dailey Daugherty Davis Dickinson Dillon Dixon Dollar Doster Drew Duncan Etheridge Evensen Floyd Fulford Funk
Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Holder Hood Houston Hutchinson Irvin Johnson, A. S. Dr. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lambert Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. McClatchey McCracken Melton Merritt Mitchell Mixon
Moore, Don C. Murphy Newton, A. S. Newton, D. L. Otwell Pafford Palmer Parker Parrish Peterson Phillips Pickard Powers Reaves Reid Richardson Roach Ross Rush Savage Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Thomas Thompson, A. W. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R.
1092
Walling Ware Watson
JOURNAL OF THE HOUSE,
Webb Wells Westlake
Wiggins Williams, G. J. Wilson, R. W.
Those not voting were Messrs.:
Abney Anderson Bean Bowen Brantley
Brown, M. P. Caldwell Chandler Conner Cook Crowe Dean DeLong Dorminy Egan Elliott Farrar Fleming Hale Harrington
Harris, R. W Higginbotham Hill Howard Howell
Hull Johnson, B. Jones, C. M. Jordan, Ben C. Knight Lambros Land Lane Leonard Lovell Lovett Mauldin McDaniell Minge Moore, J. H.
NeSmith, J. D. Nessmith, P. Odom Oglesby Overby
Paris Rainey Rowland Russell Smith, J. R. Snow Spillers Taylor Thompson, R. Townsend Watkins Williams, W. M. Wilson, J. M. Wood
On the passage of the Bill, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 469. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th.
A Bill to be entitled an Act to provide that for the purposes of determin ing income taxes due the State of Georgia, that gross income shall not include compensation received by certain enlisted personnel for active service as a member below the grade of commissioned officer in the Armed Forces of the United States for any year; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abney Adams Alexander Alien
Anderson Bagby Barber Barfield
Bedgood Bennett Berry Black
Blair Blalock Bo wen Brackin Brantley Brown, B. D. Brown, C. Brown, M. P. Bryant
Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Coiling, M. Colwell Conger Cox D alley Daugherty
Da vis Dean DeLong Dillon Dixon Dollar Dorminy Doster Drew Duncan Elliott Evensen Fleming Floyd Fulford Gaissert Gaynor Grahl Grier Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Higginbotham
MONDAY, FEBRUARY 7, 1966
1093
Hill Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Knight Lambert Lambros Lane Lea, F. R. Lee, W. S. Levitas Lewis Longino Lovell Lowrey Maddox M alone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McDaniell Melton Merritt Minge
Mitchell NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish
Peterson Pickard Rainey Reaves Reid Richardson Roach Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Town send Tucker Tye Underwood Vaughan, D. N. Walling Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bean Brinkley Busbee
Caldwell Collins, J. F. Conner
Cook Crowe Dickinson
1094
Egan Etheridge Farrar Funk Gary Gignilliat Hadaway Hale Hamilton Harris, R. W. Henderson
JOURNAL OF THE HOUSE,
Holder Johnson, B.
Jordan, Ben C. Land
Lee, W. J. (Bill) Leonard Lovett
McCracken Mixon
Moore, Don C. Moore, J. H.
Murphy Odom
Phillips Powers
Eoss Rowland Snow
Vaughn, C. R. Ware
Wells Wilson, J. M.
On the passage of the Bill, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 387. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend the Revenue Bond Law (formerly known as the Revenue Certificate Law of 1937), relating to the publica tion of notice to the public of a hearing to validate Revenue Bonds; and for other purposes.
The following amendment was read and adopted:
Mr. Etheridge of the 123rd moves to amend HB 387 by adding the following sentence to Section 1 thereof: "Such newspaper shall include any organ in which advertisements of the Sheriff of the County may lawfully appear."
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.:
Adams Alexander Alien Bagby Barber
Barfield Bedgood Bennett Berry Black
Blair Brackin Brantley Brinkley Brown, B. D.
Brown, C. Brown, M. P. Bryant Byrd Carley Carnes Carr Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Conner Cox Crowe Dailey Daugherty Dillon Dixon Dollar Doster Drew Duncan Etheridge Evensen Floyd Fulford Gaissert Gaynor Gignilliat Grier Hadaway Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Herndon
MONDAY, FEBRUARY 7, 1966
1095
Higginbotham
Hood Houston Howell Hutchinson Irvin Jones, C. M. Jones, G. Paul Jones, M. Kiley Knapp Lambros Lea, F. R. Lee, W. S. Levitas Lowery Malone Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Minge Mixon NeSmith, J. D. Newton, A. S. Newton, D. L. Oglesby Overby Pafford Palmer Paris Parker Parrish Peterson Phillips
Pickard Powers Reaves Reid Richardson Roach Rowland Rush Russell Savage Sims Smith, A. B. Smith, V. T. Smith, W. L. Starnes Steis Stewart Story Stovall Sullivan Sweat Thomas Thompson, A. W. Townsend Tucker Tye Vaughan, D. N. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W.
Those not voting were Messrs.:
Abney Anderson Bean Blalock Bowen Busbee Caldwell Gates Colwell Conner Cook Davis Dean
DeLong Dickinson Dorminy Egan Elliott Farrar Fleming Funk Gary Grahl Hale Hamilton Harrell
Harris, R. W. Henderson Hill Holder Howard Hull
Johnson, A. S. Dr. Johnson, B. Jordan, Ben C. Jordan, W. H. Knight Lambert Land
1096
Lane Lee, W. J. (Bill) Leonard Lewis Longino Lovell Lovett Maddox Matthews, D. R. Merritt Mitchell Moore, Don C. Moore, J. H.
JOURNAL OF THE HOUSE,
Murphy Nessmith, P. Odom Otwell Rainey Ross Sherman Shields Simkins Smith, G. L. II Smith, J. R. Snellings Snow
Spikes Spillers Stalnaker Taylor Thompson, R. Underwood Vaughn, C. R. Ware Watkins Wilson, J. M. Wood Mr. Speaker
On the passage of the Bill, as amended the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 388. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend Section 87-303 of the Code of Georgia of 1933 relating to the publication of notice to the public of the hearing to validate general obligation bonds to be issued by a County, municipality or political subdivision; and for other purposes.
The following amendment was read and adopted:
Mr. Etheridge of the 123rd moves to amend HB 388 by adding to 87-303 the following sentence:
"Such newspaper shall include any organ in which advertise ments of the Sheriff of the county may lawfully appear."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien
Bagby Barber Barfield Bedgood
Bennett Berry Black Blair
Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Carley Carnes Carr Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Conger Cox Crowe Dailey Daugherty Davis Dickinson Dillon Dixon Dollar Doster Drew Duncan Egan Elliott Etheridge Evensen Farrar Floyd Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hamilton
MONDAY, FEBRUARY 7, 1966
1097
Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Higginbotham Hill Holder Hood Howard Howell Hutchinson Johnson, A. S. Dr. Jones, C. M. Jones, G. Paul Jones, M. Kiley Knapp Knight Lambros Lane Lea, F. R. Lee, W. S. Levitas Lewis Longino Lowrey Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Oglesby
Otwell Overby Palmer Paris Parker Parrish Peterson Pickard Powers Rainey Reaves Reid Richardson Roach Rowland Rush Russell Savage Sims Smith, G. L. II Smith, V. T. Smith, W. L. Spillers Stalnaker Starnes Steis Stewart Story Sullivan Sweat Thompson, A. W. Townsend Tucker Tye Underwood Vaughan, D. N. Walling Watson Wells Westlake Wiggins Williams, W. M. Wood
Those not voting were Messrs.:
Anderson Bean Bowen Busbee Caldwell Gates
Colwell Conner Cook Dean DeLong Dorminy
Fleming Gary Hale Harris, R. W. Henderson Houston
1098
Hull Irvin Johnson, B. Jordan, Ben C. Jordan, W. H. Lambert Land Lee, W. J. (Bill) Leonard Lovell Lovett Maddox Malone McDaniell
JOURNAL OF THE HOUSE,
Mitchell Moore, J. H. Newton, D. L. Odom Pafford Phillips Ross Sherman Shields Simkins Smith, A. B. Smith, J. R. Snellings Snow
Spikes Stovall Taylor Thomas Thompson, R. Vaughn, C. R. Ware Watkins Webb Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 85. By Mr. Jones of the 112th:
A Bill to be entitled an Act to regulate charges and interest on loans secured by secondary mortgages on certain residential property subject to a prior lien or mortgage; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act To regulate charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed; to provide for certain definitions; to provide for certain insurance and the charges associated therewith in connection with such loans; to provide for the forfeiture of the principal amount of the loan plus interest and other charges under certain circumstances; to provide for complete and itemized closing statements; to provide for penalties; to provide for the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
No person, copartnership, association, trust, corporation or any other legal entity shall directly or indirectly charge, take or receive for a loan secured in whole or in part by secondary security deeds other than a first mortgage, on residential real estate improved by the con-
MONDAY, FEBRUARY 7, 1966
1099
struction thereon of housing consisting of four or less family dwelling units, executed by an individual or individuals, a rate of charge, as herein defined, excluding interest at the rate of six per cent (6%) per annum, as computed under the provisions of Code Section 57-116, as amended, whether payable directly to the lender or to a third party in connection with such loan, which in the aggregate is greater than ten per cent (10%) of the principal indebtedness. Provided that where the stated principal sum of the indebtedness is one thousand five hundred dollars ($1,500.00) or less, the rate of charge may exceed said ten per cent (10%) but shall not be greater than one hundred fifty dollars ($150.00). Provided further that the said rates of charge shall not be made more often than once each thirty-six months by a renewal or additional loan. The borrower shall have the right to anticipate payment of his debt in whole or in part at any time and shall receive a rebate for any unearned interest, which rebate shall be computed in accordance with the Standard Rule of 78. The aggregate of the amount or value actually received at the time of the loan, plus the sum of all existing indebtedness of the borrower paid on his behalf by the lender, shall be
deemed the principal amount of the loan.
SECTION 2
(a) The word "charge", as used in this Act, shall include any and every type of charge for compensation, consideration or expense, or for any other purpose whatsoever, including by whatsoever name called, but not by way of limitation, title searches, title reports, title opinions, title guarantees, credit reports, investigation costs, preparation of instru ments, placement or discount fees, brokerage fees, recordings, appraisals, insurance of any nature except as provided in subsection (b) below, and closing costs, but not including interest at the rate of six percent (6%) per annum.
(b) Evidence of hazard insurance may be required by the lender of the borrower and the premium shall not be considered as a charge. Decreasing term life insurance, in an amount not exceeding the amount of the loan and for a period not exceeding the term of the loan, and accident and health insurance in an amount sufficient to make the monthly payments due on said loan in the event of disability of the borrower and for a period not exceeding the life of said loan may also be required by the lender of the borrower and the premium therefor, if included in the loan, may bear interest, and may be included in computing the rate of charge, but shall not exceed the standard rate approved by the Insurance Commissioner for such insurance. Proof of all insurance issued in connection with loans subject to this Act shall be furnished to the borrower within ten days from the date of applica tion therefor by said borrower, by a certificate from the carrier.
(c) No charge for or application fee may be allowed whether or not the loan is consummated, provided however that the borrower may be required to reimburse the lender for actual expenses incurred after acceptance and approval of a loan proposal made in accordance with the provisions of this Act which is not consummated because of:
(1) The borrower's willful failure to close said loan; or
1100
JOURNAL OF THE HOUSE,
(2) The borrower's false or fraudulent representation of a material fact which prevents closing of the loan as proposed.
(d) Nothing in this Act shall be construed as authorizing or making lawful the charging of interest on any loan at any greater rate than six per cent (6%) per annum computed in accordance with the provisions of Code Section 57-116, relating to interest on loans to be repaid in monthly, quarterly, or yearly installments, as amended.
SECTION 3
(a) If any loan is made in violation of the provisions of this Act, except as a result of a bona fide error, the lender shall forfeit the entire principal amount of the loan plus interest and other charges. In addition thereto, the lender shall also refund any payments on the loan which have been made by the borrower.
(b) Any agreement whereby the borrower waives the benefits of this Act or releases any rights he may have acquired by virtue thereof shall be deemed to be against public policy and void.
SECTION 4
Any person, copartnership, association, trust, corporation or any other legal entity making on its own behalf, or as agent, broker, or in other representative capacity on behalf of any other person, copartner ship, association, trust, corporation, or any other legal entity, a loan or real property financing transaction within the regulatory authority of this Act, whether lawfully or unlawfully, at the time of the closing shall furnish the debtor or borrower or grantor in the security deed mortgage, deed of trust or any other security instrument, a complete and itemized closing statement which shall show in detail all costs which are defined as a "charge" in Section 2, subsection (a) of this Act, together with any interest charges, and the disposition of the principal of the loan or security transaction, and the said detailed closing state ment shall be signed by the lending agency or a representative of the lending agency, or a responsible officer, in its behalf, and a completed and signed additional copy retained in the files of the lending agency involved and available at all reasonable times to the borrower, the borrower's successor in interest to the security real property, or the authorized agent of the borrower or the borrower's successor, until such time as the security instrument shall be satisfied in full.
SECTION 5
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 6
All laws and parts of laws in conflict with this Act are hereby repealed.
MONDAY, FEBRUARY 7, 1966
1101
The following amendment was read and adopted:
Mr. Jones of the 112th moves to amend the Committee substitute to HB 85 as follows:
Add to Section 2, Paragraph B, the following,
"A delinquent or 'late charge' not exceeding 5% of the monthly payment, may be charged on any installment made 15 or more days after the regularly scheduled due date, said charge to be made only once on any installment during the term of the loan".
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bennett Berry Black Blair Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Bryant Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G.
Clark, J. T. Collins, J. F. Collins, M.
Cook Crowe Daugherty Davis Dean DeLong Dickinson Dillon Dixon Doster Drew Duncan Egan Elliott Etheridge Evensen Fleming Floyd Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F.
Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howell Hull Hutchinson Irvin Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Longino Lovell
1102
Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. McClatchey McCracken McDaniell Merritt Minge Mitchell Mixon Moore, Don C. Murphy Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer
JOURNAL OF THE HOUSE,
Paris Parker Parrish Peterson Phillips Pickard Powers Rainey Reaves Richardson Roach Rowland Rush Russell Savage Sherman Shields Sims Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings
Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Walling Watson Westlake Williams, G. J.
Those voting in the negative were Messrs.:
Brown, C. Lewis
Melton Overby
Williams, W. M. Wood
Those not voting were Messrs.:
Bean Bedgood Brown, M. P. Busbee Colwell Conger Cox Dailey Dollar Dorminy Farrar Fulford Hale Houston
Howard Johnson, A. S. Dr. Johnson, B. Jones, C. M. Land Lane Levitas Lovett Mauldin Moore, J. H. NeSmith, J. D. Newton, D. L. Reid
Ross Simkins Smith, J. R. Taylor Vaughn, C. R. Ware Watkins Webb Wells Wiggins Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 157, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitution, as amended.
MONDAY, FEBRUARY 7, 1966
1103
HB 202. By Messrs. Dollar of the 89th, Richardson of the 116th, Brinkley of the 112th and others:
A Bill to be entitled an Act to amend an Act creating the "Georgia Ports Authority", so as to change the membership comprising said authority; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Bagby Barber Barfield Bedgood Bennett Berry Black Blair Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Caldwell Carley Games Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Conger Cox Crowe Dailey Davis Dean Dickinson Dillon Dixon Dollar
Doster Drew Duncan Elliott Etheridge Evensen Floyd Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Harrell Harris, J. F. Hawkins Herndon Higginbotham Hill Holder Hood Houston Howell Hutchinson Johnson, A. S. Dr. Jones, C. M. Jones, G. Paul Jordan, W. H. Kiley Knapp Lambert Lambros Lane
Lea, F. R. Lee, W. S.
Leonard Levitas Lewis Longino Lowrey Maddox Malone Marshall Matthews, C. McClatchey McCracken Melton Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Otwell Overby Palmer Paris Parker Peterson Powers Rainey Reaves Reid Richardson Roach Ross Rowland Russell Savage
1104
Sherman Sims Smith, G. L. II Smith, V. T. Smith, W. L. Spillers Stalnaker Steis Stewart
JOURNAL OF THE HOUSE,
Story Sullivan Sweat Thomas Thompson, R. Tucker Tye Vaughan, D. N. Walling
Watkins Watson Westlake Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Cook Gary Hadaway Hamilton Harris, R. W.
Jones, M. Odom Parrish Pickard Snellings
Starnes Stovall Webb
Those not voting were Messrs.:
Abney Alien Anderson Bean Blalock Bowen Brantley Busbee Collins, M. Colwell Conner Daugherty DeLong Dorminy Egan Farrar Fleming Hale Harrington Harris, J. R.
Harrison Henderson Howard Hull Irvin Johnson, B. Jordan, Ben C. Knight Land Lee, W. J. (Bill) Lovell Lovett Matthews, D. R. Mauldin McDaniell Mitchell Moore, J. H. Nessmith, P. Oglesby Pafford
Phillips Rush Shields Simkins Smith, A. B. Smith, J. R. Snow Spikes Taylor Thompson, R. Townsend Underwood Vaughn, C. R. Ware Wells Wiggins Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 133, nays 13.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the above captioned HB 202 was ordered immediately transmitted to the Senate.
MONDAY, FEBRUARY 7, 1966
1105
HB 481. By Messrs. Vaughn of the 117th, Smith of the 54th, Blalock of the 33rd, Ware of the 42nd, Harris of the 118th, Steis of the 100th and Richardson of the 116th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", as amended, so as to exempt the sale of tangible personal property and services to certain private schools from the taxes imposed by 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:
Abney Adams Alexander Anderson Barber Barfield Bedgood Bennett Black Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Gates Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon
Dixon Dollar Doster Drew Duncan Egan Elliott Etheridge Evensen Farrar Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harris, J. F. Harris, J. R. Hawkins Higginbotham
Hill Hood Howell Hull Hutchinson Johnson, A. S. Dr. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kiley
Knapp Knight Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P.
Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Paris Parker Parrish
1106
Peterson Pickard Powers Rainey Reaves Reid Richardson Roach Ross Russell Savage Sherman Shields Sims Simkins Smith, A. B.
JOURNAL OF THE HOUSE,
Smith, G. L. II Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes
Steis Stewart Story Stovall Sullivan Sweat Thomas
Thompson, A. W. Tucker Tye Underwood Vaughan, D. N. Walling Watkins Watson Webb Westlake Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Bagby Bean Berry Bo wen Carr Chandler Colwell Conger Conner Cook Dorminy Hale Harrington Harris, R. W. Harrison
Henderson
Herndon Holder Houston Howard Irvin Johnson, B. Jones, C. M. Jones, M.
Lambert Land Lane Lovett Maddox Matthews, D. R. Mitchell
Moore, J. H. Palmer Phillips Rowland Rush Smith, V. T. Taylor Thompson, R. Town send Vaughn, C. R. Ware Wells Wiggins Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Harrington of the 47th stated that he had been called from the House to confer with constituents, but had he been present, would have voted "aye" on the above Bill.
HB 319. By Messrs. Lambros of the 130th and Sims of the 131st:
A Bill to be entitled an Act to provide for the issuance and use of distinctive flags or distress signals by handicapped or paraplegic drivers of motor vehicles; and for other purposes.
MONDAY, FEBRUARY 7, 1966
1107
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Caldwell Carley Carnes Cates Clarke, H. G. Clark, J. T. Collins, J. F. Cook Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Doster Drew Duncan Elliott Etheridge Evensen Farrar
Fleming Floyd Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hamilton Harrell Harris, J. F. Harris, J. R. Hawkins Herndon Higginbotham Hill Holder Hood Houston Howard Hull Hutchinson
Irvin Johnson, A. S. Dr. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Malone Maddox
Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Ross Rowland Russell Savage Sherman Shields Sims Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L.
1108
Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story
JOURNAL OF THE HOUSE,
Stovall Sullivan Sweat Thomas Thompson, A. W. Tucker Tye Vaughan, D. N. Walling
Watkins Watson Wells Westlake Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Anderson Bean Bowen Brackin Brantley Busbee Carr Chandler Collins, M. Colwell Conger Conner Dorminy Egan Gary
Hadaway Hale Harrington Harris, R. W. Harrison Henderson Howell Johnson, B. Jones, C. M. Jordan, Ben C. Knight Land Lovett Matthews, D. R. Mitchell Mixon
Moore, J. H. Rush Simkins Smith, J. R. Taylor Thompson, R. Townsend Underwood Vaughn, C. R. Ware Webb Wiggins Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Speaker announced the House recessed until 2:00 o'clock this afternoon. AFTERNOON SESSION
The House was called to order by the Speaker.
Under the general order of business established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
MONDAY, FEBRUARY 7, 1966
1109
HB 46. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to authorize the State Board of Education, upon agreement of the other State department or agency concerned, to provide for the education of children, youth and adults who are under the custody and control of other departments and agencies of this State and located or situated in an institutional or residential facility maintained by such other department or agency; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Anderson Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Carley Games Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Conger Cook Crowe Dailey Daugherty
Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Elliott Etheridge Evensen Farrar Fleming Floyd Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harris, J. F. Harrison Hawkins Herndon Hill Holder
Hood Houston Howard Howell Hutchinson Irvin Johnson, A. S. Dr. Jones, G. Paul Jordan, W. H. Kiley Knapp Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Mauldin McClatchey McDaniell Melton Merritt Minge Moore, Don C. Nessmith, P.
1110
Newton, A. S. Oglesby Overby Pafford Palmer Paris Parker Parrish Peterson Pickard Powers Rainey Reaves Reid Richardson Roach Ross Rowland
JOURNAL OF THE HOUSE,
Rush Russell Savage Sherman Shields Sims Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Spillers Stalnaker Starnes Steis Stewart Story Stovall
Sullivan Sweat Taylor Thomas Thompson, A. W. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Bagby Bean Bowen Brantley Busbee Caldwell Collins, M. Conner Cox Egan Fulford Hale Harris, J. R. Harris, R. W. Henderson Higginbotham
Hull Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Knight Lambert Land Lovett Maddox Matthews, D. R. McCracken Mitchell Mixon Moore, J. H. NeSmith, J. D. Newton, D. L.
Odom Otwell Phillips Simkins Smith, J. R. Snow Spikes Thompson, R. Ware Watkins Wells Westlake Wiggins Wilson, J. M. Wood
On the passage of the Bill, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Simkins of the 106th stated that he had been called from the floor of the House when the vote was taken on the above HB 106, but had he been present would have voted "aye".
HB 218. By Messrs. Higginbotham of the 119th and Mitchell of the 3rd:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to hunt deer in this State unless he shall wear some fluorescent orange article of clothing; and for other purposes.
MONDAY, FEBRUARY 7, 1966
1111
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act To provide that it shall be unlawful for any person to hunt deer in this State unless he shall wear some article of clothing above the waist clearly visible from both front and rear which shall be bright hunters red or bright hunters orange in color; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
It shall be unlawful for any person to hunt deer in this State unless he shall wear some article of clothing above the waist clearly visible from both front and rear which shall be bright hunters red or bright hunters orange in color.
SECTION 2
Any person who shall violate the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $100.00.
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.:
Adams Barber Berry Blair Blalock Brown, C. Bryant Carley Games
Gates Chandler Clark, J. T. Conger Cook Cox Crowe DeLong Dillon
Drew Duncan Elliott Evensen Farrar Fleming Funk Gaissert Gaynor
1112
JOURNAL OF THE HOUSE,
Gignilliat Grier Hamilton Harrell Harrison Higginbotham Hill Hood Howell Hutchinson Johnson, A. S. Dr. Jones, G. Paul Kiley Knapp Knight Lambros Lea, F. R.
Lee, W. S. Levitas Lowrey Maddox Malone McClatchey McDaniell Melton Merritt Mitchell Murphy Oglesby Paris Powers Rainey Roach Ross
Rush Sherman Sims Simkins Snellings Starnes Steis Thompson Tucker Tye Vaughn, C. R. Walling Watkins Watson Westlake Williams, W. M. Wilson, R. W.
Those voting in the negative were Messrs.
Abney Anderson Barfield Bennett Black Brown, M. P. Byrd Collins, M. Dailey Dixon Dorminy Doster Etheridge Grahl Harrington Harris, J. F. Houston Irvin Jordan, W. H.
Leonard Lewis Lovell Marshall Mauldin Minge Mixon Moore, Don C. Moore, J. H. Nessmith, P. Newton, A. S. Overby Pafford Parker Parrish Peterson Reaves Reid Richardson
Russell Savage Shields Smith, A. B. Snow Spillers Stalnaker Stewart Story-
Sullivan Sweat Thomas Thompson, R. Underwood Vaughan, D. N. Webb Williams, G. J. Wood
Those not voting were Messrs.:
Alexander Alien Bagby Bean Bedgood Bowen Brackin Brantley Brinkley Brown, B. D. Busbee
Caldwell Carr Clarke, H. G. Collins, J. F. Colwell Conner Daugherty Davis Dean Dickinson Dollar
Egan Floyd Fulford Gary Hadaway Hale Harris, J. R. Harris, R. W. Hawkins Henderson Herndon
MONDAY, FEBRUARY 7, 1966
1113
Holder Howard Hull Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Lambert Land Lane Lee, W. J. (Bill) Longino Lovett
Matthews, C. Matthews, D. R. McCracken NeSmith, J. D. Newton, D. L. Odom Otwell Palmer Phillips Pickard Rowland Smith, G. L. II Smith, J. R.
Smith, V. T. Smith, W. L. Spikes Stovall Taylor Townsend Ware Wells Wiggins Wilson, J. M. Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 78, nays 56.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Lane of the 64th stated that he had been called from the floor of the House when the vote was taken on HB 218, but had he been present would have voted "nay".
HB 408. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A Bill to be entitled an Act to amend Code Chapter 95-19, relative to grade crossing elimination, as amended, so as to provide the procedure relative to the installation of automobile signalling devices at grade crossings of municipal 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Barber Barfield Bennett
Berry Black Blair Blalock Bowen Brackin Brinkley
Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Carley Games
1114
Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Cook Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dollar Doster Drew Duncan Egan Elliott Evensen Floyd Funk Gary Gignilliat Grahl Grier Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Higginbotham Hill Holder Hood Howard
JOURNAL OF THE HOUSE,
Howell Hutchinson Irvin
Johnson, A. S. Dr. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Otwell Pafford
Palmer Paris Parker Parrish Phillips
Powers Reaves Reid Richardson Roach Rush Sherman Shields Sims Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Townsend Tucker Vaughan, D. N. Vaughn, C. R. Watkins Watson Webb Wells Westlake Wilson, J. M. Wilson, R. W.
Those voting in the negative were Messrs.
Gaynor
Tye
Williams, W. M.
Those not voting were Messrs.:
Anderson Bagby Bean Bedgood
Brantley Busbee Caldwell Carr
Collins, M. Conger Conner Dixon
Dorminy Etheridge Farrar Fleming Fulford Gaissert Hadaway Hale Harris, R. W. Herndon Houston Hull Johnson, B. Jones, C. M. Jones, G. Paul
MONDAY, FEBRUARY 7, 1966
1115
Land Leonard Lovett Mitchell Murphy Odom Oglesby Overby Peterson Pickard Rainey Ross Rowland Russell Savage
Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Snellings Thompson, R. Underwood Walling Ware Wiggins Williams, G. 3. Wood Mr. Speaker
On the passage of the Bill, the ayes were 145, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
Under the general order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration:
HB 370. By Messrs. Richardson of the 116th, Smith of the 3rd and Jones of the 109th:
A Bill to be entitled an Act to amend the Georgia Election Code, relating to the comprehensive regulating of primaries and federal, State and county elections; and for other purposes.
Mr. Floyd of the 7th moved that HB 370 and all amendments pertaining thereto be tabled and the motion prevailed.
HB 370 was tabled.
Mr. Smith of the 54th arose to a point of personal privilege and addressed the House.
Mr. Floyd of the 7th arose to a point of personal privilege and addressed the House.
Mr. Murphy of the 26th arose to a point of personal privilege and addressed the House.
Mr. Caldwell of the 51st moved that above captioned HB 370 be taken from the table.
1116
JOURNAL OF THE HOUSE,
Mr. Floyd of the 7th moved that the House do now adjourn until 10:00, o'clock, tomorrow morning.
On the motion to adjourn the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alexander Alien Bagby Barfield Bennett Black Blair Blalock Bowen Brackin Brinkley Brown, M. P. Busbee Boyd Carley Chandler Colwell Cook Dailey Daugherty Davis Dean Dickinson Dollar Duncan Evensen Fleming Floyd Fulford Funk Gary Gignilliat
Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Herndon Higginbotham Howell Hutchinson Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jordan, W. H. Knight Lambros Lea, F. R. Lee, W. J. (Bill) Lewis Lowrey Maddox Malone Marshall McClatchey McCracken Merritt Minge Moore, J. H. NeSmith, J. D. Newton, A. S. Otwell Pafford Palmer
Parrish Peterson Pickard Powers Richardson Rowland Rush Russell Shields Sims Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Tucker Tye Vaughan, D. N. Vaughn, C. R. Ware Watkins Watson Webb Westlake
Those voting in the negative were Messrs.:
Abney Adams Barber Bedgood Berry Brown, B. D. Brown, C. Bryant
Caldwell Carnes Gates Clarke, H. G. Clark, J. T. Collins, J. F. Cox Crowe
DeLong Dillon Doster Drew Egan Elliott Gaissert Gaynor
Grahl Grier Hale Harris, R. W. Hawkins Henderson Holder Hood Howard Irvin Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Lee, W. S.
MONDAY, FEBRUARY 7, 1966
1117
Levitas Lovell Matthews, C. Matthews, D. R. Mauldin McDaniell Mixon Moore, Don C. Murphy Nessmith, P. Newton, D. L. Oglesby Overby Paris Phillips Roach
Savage Sherman Simkins Smith, A. B. Smith, G. L. II Spillers Steis Stewart Story Townsend Walling Wells Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Anderson Bean Brantley Carr Collins, M. Conger Conner Dixon Dorminy Etheridge Farrar Hadaway Harrison
Hill Houston Hull Lambert Land Lane Leonard Longino Lovett Melton Mitchell Odom
Parker Rainey
Reaves Reid Ross Smith, J. R. Smith, V. T. Thompson, R. Underwood Wiggins Williams, G. J. Mr. Speaker
On the motion to adjourn the ayes were 95, nays 72.
The motion to adjourn prevailed and the Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
Mr. Lowrey of the 13th stated that he inadvertantly voted "aye" on the motion to adjourn but wished to be recorded as voting "nay".
1118
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Tuesday, February 8, 1966
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker Pro Tern.
Prayer was offered by Rev. W. E. Storey, Paster Leary Baptist Church, Leary, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, 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.
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 8, 1966, and submits the following:
HB
30. Sentence imposed, jury trail.
HB
33. County officers, Grand Jury indictment.
TUESDAY, FEBRUARY 8, 1966
1119
HB
36. Criminal procedure, bond forfeited.
HB 110. County Surveyor, qualifications (Reconsidered).
HB 138. Drivers' licenses, National Guard.
HB 148. Peace Officers Annuity Fund.
HB 157. Banks, trust companies, savings & Loan; taxed alike.
HB 167. Juror, serve other courts.
HB 169. Teachers' Retirement, board of trustees.
HB 193. Commercial Feed Stuff, inspection fee.
HB 206. Insurance, capital required.
HB 242. Senior Court reporter, create.
HB 257. Used car dealers, board membership.
HB 290. Judge Emeritus, serve any circuit.
HB 292. Education, funds, local units.
HB 302. Motor Fuel Tax, fuel and kerosene.
HB 303. Tax Exempt, machinery.
HB 306. Athletic contests, admission price.
HB 321. Board of Public Health, amend.
HB 337. Banks, taxation of shares.
HB 344. Trade Secret, deprive owner.
HB 346. Income Tax, personal exemptions.
HB 371. Bond issuance, proper authorities.
HB 423. Intangible property tax, long-term note.
HB 479. Agricultural Commodities Authority, amend.
HR 149-304. Private citizen, crime prevention.
HR 166-371. Voter Registration, residence required.
HR 10- 13. Compensate--Ed Lonzo Smith.
HR 13- 13. Compensate--Parker-White Motors.
HR 86-138. Compensate--Benjamin Clinton Tanner.
HR 162-358. Compensate--Glenn Hendrix.
HR 168-381. Compensate--Charles L. Wilson
HR 169-381. Compensate--Warren Marchialette.
HR 170-381. Compensate--Marie Morgan.
HR 171-381. Compensate--James L. Travis.
HR 172-385. Compensate--Doyle F. Whiteaker.
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HE 176-385. Compensate--Raymond J. Wrinn. HR 181-385. Compensate--Johnny Brown. HR 208-438. Compensate--Carl Green. HR 212-444. Compensate--Jacquelyn Horen. HR 94-165. Compensate--Helen Martin. HR 125-239. Compensate--R. L. Millings. HR 174-385. Compensate--Randolph F. Ward. HR 175-385. Compensate--Samuel Smith. HR 184-389. Compensate--Bobby Gene Rocker. HR 214-454. Compensate--L. L. Rhoden, Jr.
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 79th, Vice-Chairman
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 580. By Mr. Dickinson of the 27th:
A Bill to be entitled an Act to create within Douglas County a board to administer programs of retirement and/or employment for the " employees of Douglas County; and for other purposes.
HB 581. By Mr. Dickinson of the 27th:
A Bill to be entitled an Act to create a development authority for the City of Douglasville and Douglas County; and for other purposes. Referred to the Committee on Local Affairs.
HB 582. By Mr. Dickinson of the 27th:
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, so as to change the compensation of the clerk of the superior court; and for other purposes. Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 8, 1966
1121
HB 583. By Mr. Clark of the 2nd:
A Bill to be entitled an Act to amend an Act relating to changing the compensation of the ordinary and the superior court of Catoosa County, so as to increase the allowance of clerical help for the clerk of the superior court and the ordinary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 584. By Mr. Clark of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the clerical assistance allowance of the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 585. By Mr. Clark of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of roads and revenue of Catoosa County, so as to increase the compensation of the clerical assistant to the commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 586. By Mr. Smith of the 44th:
A Bill to be entitled an Act to amend an Act prescribing the time for holding the Superior Court of Lamar County, so as to change the time for holding said Court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 587. By Mr. Smith of the 44th:
A Bill to be entitled an Act to amend an Act to establish a new charter for the Town of Milner, Lamar County, so as to change the term of the Mayor and Councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 588. By Mr. Harris of the 85th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenue for Glynn County, so as to au thorize said Commissioners to license and regulate business in unin corporated areas of Glynn County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 589. By Mr. Johnson of the 40th:
A Bill to be entitled an Act to amend an Act placing the county officers of McDuffie County upon an annual salary, so as to increase the expense allowance authorized for the sheriff for the purpose of hiring deputies; and for other purposes.
Referred to the Committee on Local Affairs.
HB 590. By Mr. Conner of the 91st:
A Bill to be entitled an Act to amend Code Section 56-1310, relating to the power of municipal corporations to collect license fees on life
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insurance companies, so as to provide that an additional annual license fee may be charged for each separate business location within the same municipality operated by a business organization engaged in lending money; and for other purposes.
Referred to the Committee on Insurance.
HB 591. By Mr. Rainey of the 69th: A Bill to be entitled an Act to amend an Act promoting the safety, convenience and enjoyment of public travel and the free flow of intrastate and inter-state commerce, and controlling the erection and maintenance of outdoor advertising on the systems, so as to change a certain effective date; and for other purposes.
Referred to the Committee on Highways.
HB 592. By Messrs. Peterson and Stalnaker of the 59th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Perry, so as to increase the maximum compensation authorized for councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 593. By Messrs. Peterson and Stalnaker of the 59th: A Bill to be entitled an Act to abolish the present mode of compensating the coroner of Houston County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 594. By Mr. Brackin of the 87th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenue for Miller County, so as to change the provisions relating to the compensation of the members of the Board other than the Chairman; and for other purposes.
Referred to the Committee on Local Affairs.
HB 595. By Messrs. Simkins of the 106th, Sherman and DeLong of the 105th:
A Bill to be entitled an Act to amend an Act relating to the establish ment of the Charter of the City of Augusta, so as to provide that the person elected as mayor shall receive a majority of the votes cast, and each person elected as a member of the Council shall receive a majority of the votes cast for the office for which he offers as a candidate; and for other purposes. Referred to the Committee on Local Affairs.
HB 596. By Messrs. Blalock and Davis of the 33rd: A Bill to be entitled an Act to amend an Act establishing the City Court of Newnan, so as to change the name of said Court to the Civil and Criminal Court of Coweta County; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 8, 1966
1123
HR 273-596. By Messrs. Lane and Nessmith of the 64th:
A Resolution proposing an amendment to the Constitution so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Statesboro and Bulloch County Develop ment Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HR 274-596. By Messrs. Blalock and Davis of the 33rd:
A Resolution proposing an amendment to the Constitution so as to create the Coweta County Development Authority; and for other purposes. Referred to the Committee on Local Affairs.
HB 597. By Messrs. McClatchey of the 138th, Townsend of the 140th, Lea of the 126th, Games of the 129th, Lambros of the 130th and others: A Bill to be entitled an Act to amend an Act providing for pensions for members of the Police Department in cities having a population of 150,000 or more, so as to provide that fractional parts of years shall be counted in determining the number of years of service with respect to partial pensions, pensions for total and permanent disability; and for other purposes.
Referred to the Committee on Local Affairs.
HB 598. By Messrs. McClatchey of the 138th, Townsend of the 140th, Lea of the 126th, Games of the 129th, Lambros of the 130th 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, so as to provide that fractional parts of years shall be counted in determining the number of years of service with respect to partial pensions, pensions for total and permanent disability; and for other purposes.
Referred to the Committee on Local Affairs.
HB 599. By Mr. Alien of the 93rd: A Bill to be entitled an Act to amend an Act placing the tax commis sioner of Tift County upon an annual salary, so as to allow for the disposition of certain fees and commissions of the tax commissioner earned prior to the effective date of said Act; and for other purposes.
Referred to the Committee on Local Affairs.
HB 600. By Mr. Alien of the 93rd: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Tift County upon an annual salary, so as to allow for the disposition of certain fees and commissions of the clerk of the superior court earned prior to the effective date of said Act; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 601. By Messrs. Westlake, Evensen, Higginbotham and Bean of the 119th:
A Bill to be entitled an Act to amend Code Chapter 105-6, relating to physical injuries, so as to provide for immunity from civil liability for any person who shall in good faith render assistance to any law enforce ment officer who is being hindered or whose life is being endangered by the conduct of any other person; and for other purposes.
Referred to the Committee on Judiciary.
HB 602. By Messrs. Westlake, Evensen and Bean of the 119th:
A Bill to be entitled an Act to amend Code Chapter 2Y-2, relating to arrests, so as to provide for immunity from criminal liability for any person who shall in good faith render assistance to any law enforce ment officer who is being hindered or whose life is being endangered by the conduct of any other person or persons; and for other purposes.
Referred to the Committee on Judiciary.
HR 280-602. By Messrs. Mitchell and Smith of the 3rd, Egan of the 141st and Etheridge of the 123rd:
A Resolution creating a "General Tax Study Commission"; and for other purposes.
Referred to the Committee on Ways and Means.
HR 281-602. By Messrs. Collins of the 62nd and Underwood of the 61st:
A Resolution proposing an amendment to the Constitution so as to authorize the Vidalia Development Authority to extend its activities into Montgomery County and to provide the procedure connected there with; and for other purposes.
Referred to the Committee on Local Affairs.
HB 603. By Messrs. Farrar, Levitas, Walling and Harris of the 118th, Palmer, Carley, Malone and Vaughn of the 117th and others:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of Assistant Solicitors General of the Stone Mountain Judicial Circuit, so as to provide for the appointment of Assistants to the Solicitor General of the Stone Mountain Judicial Circuit; and for other purposes.
Referred to the Committee on Judiciary.
HB 604. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ashburn, so as to number the positions on the council for election purposes; and for other purposes.
Referred to the Committee on Local Affairs.
HB 605. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Irwin, so as to change the salary of the clerk; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 8, 1966
1125
HB 606. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Irwin County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 607. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ashburn, so as to extend the present corporate limits of said city to include certain additional territory to be north and east in the County of Turner contiguous and adjacent to existing boundaries of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HR 282-607. By Mr. Jones of the 112th:
A Resolution proposing an amendment to the Constitution so as to authorize any agency, board, department or other unit of the State government which may be the recipient of Federal funds to administer such funds, pursuant to the terms of the grant of such funds; and for other purposes.
Referred to the Committee on Judiciary.
HB 608. By Messrs. Rowland and Carr of the 48th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Wrightsville, so as to provide an annual salary in lieu of the fee system of compensation for the solicitor of said court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 609. By Messrs. Carr and Rowland of the 48th:
A Bill to be entitled an Act to amend an Act creating the City Court of Washington County, so as to change the salaries of the judge and the solicitor of said court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 610. By Mr. McCracken of the 49th:
A Bill to be entitled an Act to amend the charter of the City of Wadley, relating to the election of Mayor and Councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 611. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Butts County, so as to change the compensation of the Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OP THE HOUSE,
HB 612. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend an Act changing the compensa tion of the Ordinary of Butts County from the fee system to the salary system, so as to change the allowance provided for said Ordinary for clerical assistance; and for other purposes.
Referred to the Committee on Local Affairs.
HB 613. By Mr. Clarke of the 45th: A Bill to be entitled an Act to amend an Act changing the compensa tion of the Sheriff of Butts County from the fee system to the salary system, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.
HB 614. By Mr. Clarke of the 45th: A Bill to be entitled an Act to amend an Act changing the compensa tion of the Tax Collector of Butts County from the fee system to a system whereby such Tax Collector shall be entitled to certain com missions and a salary, so as to change the amount provided for said Tax Collector for clerical assistance; and for other purposes.
Referred to the Committee on Local Affairs.
HB 615. By Mr. Clarke of the 45th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Jackson, so as to provide for the annexation of certain additional territory into the corporate limits of the City of Jackson, to designate such additional annexed territories as the 5th Ward; and for other purposes.
Referred to the Committee on Local Affairs.
HB 616. By Mr. Clarke of the 45th: A Bill to be entitled an Act to repeal an Act incorporating the Town of Pepperton in Butts County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 617. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th, Levitas, Walling, Harris and Farrar of the 118th and others: A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Stone Mountain Judicial Circuit, so as to increase the compensation of the official court reporter; and for other purposes.
Referred to the Committee on Local Affairs.
HB 618. By Messrs. Drew of the 116th, Kiley and Tye of the 115th, Gaynor and Smith of the 114th, Gignilliat and Powers of the 113th and others:
A Bill to be entitled an Act to amend Code Section 88-202, relating to the composition of the county boards of health, so as to provide for the manner of appointing certain members of county boards of health in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 8, 1966
1127
HB 619. By Mr. Bowen of the 69th:
A Bill to be entitled an Act to provide a salary for the Coroner of Dooly County in lieu of fees; and for other purposes. Referred to the Committee on Local Affairs.
HB 620. By Messrs. Busbee, Lee, Odom and Hutchinson of the 79th:
A Bill to be entitled an Act to provide for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 621. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A Bill to be entitled an Act amending the charter of the City of Dalton, by incorporating in said city certain lands and territory located in Land Lot No. 163 in the 12th District and 3rd Section of Whitfield County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 622. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend Code Chapter 91-8 pertaining to general provisions on inventory and sale of public property. . . ", so as to provide for the private sale, conveyance, transfer or other disposition of county property under cer tain conditions; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 623. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A Bill to be entitled an Act to authorize the governing authority of Whitfield County to provide group insurance policies for their regular employees, and for other purposes.
Referred to the Committee on Local Affairs.
HB 624. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A Bill to be entitled an Act to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, so as to change the maximum fine and punishment which may be imposed by said court; and for other purposes.
Referred to the Committee on Local Affairs.
HR 283-624. By Messrs. Smith, Mitchell and Leonard of the 3rd:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Whitfield County to license and otherwise regulate the hauling, dumping, burning and other related matters of materials in said county; and for other purposes.
Referred to the Committee on Local Affairs.
HR 284-624. By Messrs. Gary, Lee and Harrell of the 35th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Clayton County to levy a tax not
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exceeding 1/4 the mill on all of the taxable property in the county, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Clayton County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 625. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd: A Bill to be entitled an Act to amend an Act incorporating the Town of Austell and reincorporating said town as a city, so as to increase the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 626. By Mr. Howard of the 101st: A Bill to be entitled an Act to regulate traffic on the streets and highways; to revise certain laws of this State dealing with traffic and parking of vehicles on the streets and highways; and for other purposes.
Referred to the Committee on Highways.
HB 627. By Mr. Ross of the 31st: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenue for Lincoln County, so as to change the provisions relating to the Ordinary of Lincoln County serving as clerk of the Board of Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 628. By Mr. Ross of the 31st: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Crawfordville, so as to change the time during which the polls shall be open; and for other purposes.
Referred to the Committee on Local Affairs.
HB 629. By Mr. Ross of the 31st:
A Bill to be entitled an Act to amend an Act to abolish the present mode of compensating the sheriff of Taliaferro County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 630. By Mr. Murphy of the 26th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Haralson County into the office of tax commissioner of Haralson County, so as to provide clerical help for the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 631. By Messrs. Watkins of the 9th, Roach of the 15th, Otwell of the 10th and Duncan of the 4th:
A Bill to be entitled an Act to amend an Act supplementing the salary of the Judge of the Superior Courts of the Blue Ridge Judicial Circuit,
TUESDAY, FEBRUARY 8, 1966
1129
so as to increase the amount of compensation paid to said Judge by the counties incorporated in the Blue Ridge Judicial Circuit for the purpose of allowing said Judge to hire clerical personnel; and for other purposes.
Referred to the Committee on Judiciary.
HR 285-636. By Messrs. Newton and Lewis of the 50th:
A Resolution to authorize the Governor to execute a deed to the United States conveying a certain tract or parcel of land now owned by the State, located in Jenkins County and is now a part of Magnolia Springs State Park, to be used by the United States Department of the Interior, Fish and Wildlife Service, for the purpose of constructing buildings for a fish hatchery; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 637. By Messrs. Etheridge of the 123rd, Lambros of the 130th, Dillon of the 128th, Games of the 129th and others:
A Bill to be entitled an Act to provide that in certain counties Judges Emeritus of any Court established in lieu of Justice Courts shall be entitled to office space and adequate secretarial assistance upon the request of such Judges Emeritus; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 638. By Messrs. Hood of the 124th, Brown of the 135th, Adams of the 125th, Games of the 129th and others:
A Bill to be entitled an Act to amend Code Title 94, relating to railroads, so as to provide that the Public Service Commission shall designate standard signs and require the use thereof by railroad companies; and for other purposes.
Referred to Committee on Industrial Relations.
HB 639. By Mr. Thomas of the 77th:
A Bill to be entitled an Act to amend an Act creating the City Court of Jesup, so as to change the terms of court of the city court of Jesup; and for other purposes.
Referred to the Committee on Local Affairs.
HB 640. By Mr. Thomas of the 77th:
A Bill to be entitled an Act to amend an Act incorporating and creating a new charter for the City of Jesup, in Wayne County, so as to authorize the board of commissioners to fix the salary of the city manager and the city recorder, within a certain salary range; and for other purposes.
Referred to the Committee on Local Affairs.
HB 641. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Cobb County, so as to provide for an additional judge; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 642. By Mr. Harris of the 118th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Administrative Procedure Act", so as to change the cross-reference referring to Section 14 (d) as the same appears in subsection (b) of Section 18, so that said cross-reference shall refer to Section 14 (a) (4); and for other purposes.
Referred to the Committee on Judiciary.
HB 643. By Mr. Hadaway of the 46th: A Bill to be entitled an Act to amend an Act fixing the compensation of the County Treasurer of Jasper County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 644. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act creating the city court of Floyd County, so as to delete therefrom those provisions relating to the compensation of the assistant solicitor of the city court of Floyd County and the secretary to the solicitor; and for other purposes.
Referred to the Committee on Local Affairs.
HB 645. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act placing the solicitor general of the Rome Judicial Circuit on an annual salary, so as to change the compensation of the assistant solicitor general of the Rome Judicial Circuit and the clerk-typist; and for other purposes.
Referred to the Committee on Judiciary.
HB 646. By Mr. Minge of the 13th:
A Bill to be entitled an Act to provide that it shall be a misdemeanor for any person, firm or corporation to publish a political or legal advertisement in any newspaper of this state without affixing their signature thereto; and for other purposes.
Referred to the Committee on Judiciary.
HB 647. By Mr. Conner of the 91st:
A Bill to be entitled an Act to amend Code Chapter 56-15, relating to the organization and corporate procedures of domestic stock and mutual insurers, so as to provide that no person shall sell any subscriptions for insurance securities in this State unless the insurer has applied for, received and holds authority to transact insurance in the State of Georgia from the Insurance Commissioner; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 648. By Messrs. Overby, Williams and Wood of the 16th:
A Bill to be entitled an Act to amend an Act amending the charter of the City of Gainesville, so as to make certain changes in the retirement system for the employees of said city; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 8, 1966
1131
HB 649. By Mr. Johnson of the 40th:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Thompson, so as to increase the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 650. By Messrs. Fleming and Simkins of the 106th, DeLong and Sherman of the 105th, Hull and Snellings of the 104th:
A Bill to be entitled an Act incorporating the City of Augusta and providing a charter thereof, so as to provide that the City of Augusta shall pay certain law enforcement officers of the city who are required to testify in the recorder's court on their off days; and for other purposes.
Referred to the Committee on Local Affairs.
HR 286-650. By Mr. Cook of the 123rd, Mrs. Hamilton of the 137th, Messrs. Daugherty of the 134th, Cox of the 127th and others: A Resolution proposing an amendment to the Constitution so as to allow municipal corporations having a population of more than 300,000 to make repairs to 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 Local Affairs.
HR 287-650. By Messrs. McCracken of the 49th, Phillips of the 41st, Sherman and DeLong of the 105th, Dollar of the 89th, Richardson of the 116th, Tye and Kiley of the 115th, and Gaynor of the 114th: A Resolution creating the Rivers and Harbors Development Commission of the State of Georgia; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 651. By Messrs. Steis of the 100th, Floyd of the 7th, Knight of the 60th, Stalnaker of the 59th, Hawkins of the 139th and others: A Bill to be entitled an Act to amend an Act creating a State Depart ment of Veterans Service and providing for a Board of Veterans Service and a Director, so as to provide that the State Department of Veterans Service and the Veterans Service Board shall be authorized to apply for, accept gifts, grants and other contributions from the Federal Government; and for other purposes.
Referred to the Committee on Defense and Veteran's Affairs.
HB 652. By Mr. DeLong of the 105th:
A Bill to be entitled an Act to provide for service upon firms, persons and corporations soliciting subscriptions to periodicals within the State of Georgia; and for other purposes.
Referred to the Committee on Judiciary.
HB 653. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend Code Chapter 40-20, relating to automobile and mileage allowances for State officers, officials and
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employees, so as to provide an allowance for said State employees, when traveling other than as a fare-paying passenger in service of the State thereof by private airplane; and for other purposes.
Referred to the Committee on Judiciary.
HB 654. By Messrs. Dixon and Sweat of the 83rd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Waycross, so as to provide that the city clerk shall be appointed by the city manager with the approval of the com mission; and for other purposes.
Referred to the Committee on Local Affairs.
HB 655. By Messrs. Dixon and Sweat of the 83rd:
A Bill to be entitled an Act to repeal an Act amending the Charter of the City of Waycross, so as to provide for park and tree and zoning commission in lieu of the present park and tree commission; and for other purposes.
Referred to the Committee on Local Affairs.
HB 656. By Messrs. Dixon and Sweat of the 83rd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Waycross, so as to change the date on which municipal elections are held; and for other purposes.
Referred to the Committee on Local Affairs.
HB 657. By Mr. Barber of the 24th, Wiggins of the 32nd, Floyd of the 7th, Moore of the 20th, Leonard of the 3rd and others:
A Bill to be entitled an Act to provide for equal pay for both males and females for comparable work on jobs which have comparable re quirements relating to skill, effort and responsibility; to provide for a declaration of policy; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the Rules of the House were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees:
HB 664. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966, and for the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the operation of the agency of the State provided for herein; and for other purposes.
Referred to the Committee on Appropriations.
TUESDAY, FEBRUARY 8, 1966
1133
HB 691. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A Bill to be entitled an Act to amend an Act providing appropriations for the State Government for the fiscal year 1965-66 and the fiscal year 1966-67, as amended, so as to reduce the appropriation for the Governor's Emergency Fund; to increase the appropriation for the State Board of Correction; and for other purposes.
Referred to the Committee on Appropriations.
By unanimous consent, the following Bills and Resolutions were read the second time:
HB 558. By Messrs. Harris of the 85th, Gignilliat and Powers of the 113th, Gaynor and Smith of the 114th, Webb of the 65th and others:
A Bill to be entitled an Act to repeal Code Section 26-7302, relating to hotel keepers on beaches keeping lifeboats and other related items; and for other purposes.
HB 559. By Messrs. Moore and Dean of the 20th:
A Bill to be entitled an Act to amend Code Chapter 26-51, relating to crimes against public peace and tranquillity, so as to provide that it shall be unlawful to carry a firearm while in the act of committing a felony; and for other purposes.
HB 560. By Messrs. Newton of the 94th, Marshall of the 39th and Lowrey of the 13th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Biological Permit Act", by striking the entire Act and enacting in lieu thereof an Act to be known at "The Georgia Biologicals Permis Act of 1966"; and for other purposes.
HB 561. By Messrs. Williams of the 16th and Snellings of the 104th:
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.
HB 562. By Messrs. Gary, Lee and Harrell of the 35th:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporter; and for other purposes.
1134
JOURNAL OF THE HOUSE,
HB 563. By Messrs. Lea of the 126th, Dillon of the 128th, Gary of the 35th, Carnes of the 129th, Lambros of the 138th and others:
A Bill to be entitled an Act to repeal Code Chapter 74-3, relating to bastardy proceedings, so as to repeal Code Section 77-9901 providing that the putative father of an illegitimate child refusing to give security shall be guilty of a misdemeanor; and for other purposes.
HB 564. By Mrs. Hamilton of the 137th, Messrs. Thompson of the 110th, Brinkley of the 112th, Richardson of the 116th, Walling, Farrar and Levitas of the 118th:
A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act", so as to authorize the General Assembly to appropriate specific amounts to the State Board of Probation for use in making grants to counties supporting independent adult probation systems; and for other purposes.
HB 565. By Messrs. Murphy of the 26th and Reid of the 32nd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Prison Industries Act", so as to authorize the Georgia Prison Industries Administration to purchase certain vehicles; and for other purposes.
HB 566. By Messrs. Dailey of the 66th, Odom of the 79th, Reid of the 32nd and Murphy of the 26th:
A Bill to be entitled an Act to amend an Act which comprehensively and exhaustively revised, superseded and consolidated the laws relating to the State Board of Corrections and to prisons, so as to change the salary of the Director of Corrections; and for other purposes.
HB 567. By Messrs. Conger and Dollar of the 89th, Hull of the 104th:
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 increase the amount of tax authorized by said Act from 3% to 4%; and for other purposes.
HB 568. By Mr. Cook of the 123rd, Mrs. Hamilton of the 137th, Messrs. Carnes of the 129th, Hood of the 124th, Grier of the 132nd, Egan of the 141st and others:
A Bill to be entitled an Act to grant to municipalities of this State hav ing a population of more than 300,000 certain basic powers, including certain powers to require the repair, closing or demolition of certain dwellings, buildings or structures; and for other purposes.
HB 569. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend an Act creating the Board of Trus tees of the Joint Municipal Employees' Retirement System, so as to provide for fixed benefit plans; and for other purposes.
TUESDAY, FEBRUARY 8, 1966
1135
HB 570. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Monroe County, known as the fee system; and for other purposes.
HB 571. By Messrs. Longino of the 122nd, Cox of the 127th, Lea of the 126th, Hawkins of the 139th, Grier of the 132nd and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, relating to the election of the Mayor and Councilmen; and for other purposes.
HR 262-571. By Messrs, Clarke of the 45th and Chandler of the 47th:
A Resolution authorizing the disposal of that tract of land on which is presently located the Governor's Mansion; and for other purposes.
HR 263-571. By Mr. Clarke of the 45th:
A Resolution proposing an amendment to the Constitution so as to create the Monroe County Development Authority; and for other purposes.
HR 264-571. By Messrs. Wilson and Henderson of the 102nd, Jordan of the 103rd and McDaniell of the 101st:
A Resolution proposing an amendment to the Constitution so as to provide for special qualifications for electors which shall be eligible to vote in any election conducted within Cobb County prior to Cobb County or any political subdivision located therein incurring indebtedness; and for other purposes.
HR 265-571. By Messrs. Davis and Blalock of the 33rd:
A Resolution proposing an amendment to the Constitution so as to create the Heard County Development Authority; and for other purposes.
HR 266-571. By Mr. Rainey of the 69th:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Cordele to issue revenue bonds for the purpose of financing the costs of paving or otherwise repairing and constructing streets and sidewalks and the relocation and repairing of utility and drainage facilities, and to assess the cost thereof against abutting prop erty owners for repayment of bonds; and for other purposes.
HR 267-571. By Mr. Byrd of the 28th:
A Resolution authorizing the conveyance of certain real estate located in the City of Monroe in Walton County; and for other purposes.
1136
JOURNAL OF THE HOUSE,
HR 268-571. By Messrs. Conger and Dollar of the 89th:
A Resolution proposing an amendment to the Constitution so as to change the amount of homestead exemptions; and for other purposes.
HR 269-571. By Messrs. Conger and Dollar of the 89th and Hull of the 104th:
A Resolution proposing an amendment to the Constitution so as to provide the maximum tax millage which may be levied by counties for education; and for other purposes.
HR 270-571. By Messrs. Conger and Dollar of the 89th and Hull of the 104th:
A Resolution proposing an amendment to the Constitution so as to provide for the appropriation of 25% of the revenue received from the sales and use tax to educational purposes; and for other purposes.
HR 271-571. By Mr. Grahl of the 52nd:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to consolidate and combine the offices of the clerk of the superior court and ordinary of Crawford County into one office; and for other purposes.
HB 572. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th, and Harris of the 118th:
A Bill to be entitled an Act to provide salaries for the solicitors general of the Superior Courts, and for other purposes.
HB 573. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Harris County on a salary system in lieu of a fee system, so as to change the maximum amount of compensation which the deputies may be paid, and for other purposes.
HB 574. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Harris County, so as to change the compensation of the tax commissioner; and for other purposes.
HB 575. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Talbot County, so as to change the compensation for the tax commissioner; and for other purposes.
TUESDAY, FEBRUARY 8, 1966
1137
HB 576. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act changing the compensation of the members of the Board of County Commissioners of Talbot County, so as to change the compensation of said members, and for other purposes.
HB 577. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act changing the compensation of the Sheriff of Talbot County from the fee system to the salary sys tem, so as to clarify the provisions relating to the salary and expense allowance of the Sheriff, and for other purposes.
HB 578. By Mr. Paris of the 23rd:
A Bill to be entitled an Act to implement and effectuate the provisions of the Constitution creating the Barrow County School System and the Board of Education, so as to provide for the members of said Board; and for other purposes.
HR 272-578. By Mr. Paris of the 23rd:
A Resolution proposing an amendment to the Constitution so as to create the Barrow County School system by merging the independent school system of the City of Winder and the county school system of Barrow County into one school district; to create a Board of Education of said system; to provide for the appointment of a school superintendent and for other purposes.
HB 579. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend Code Section 88-1812, relating to the levy of tax by counties, cities and towns and that hospital au thorities are without the power to tax, so as to provide that the revenues raised may also be used to pay the cost of retiring, refinancing or re funding any outstanding debt or other obligation of any nature incurred by such authority; and for other purposes.
HB 632. By Mr. Jordan of the 78th:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Clay County, known as the fee system; and for other purposes.
HB 633. By Mr. Jordan of the 78th:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Baker County, known as the fee system; and for other purposes.
1138
JOURNAL OF THE HOUSE,
HB 634. By Mr. Jordan of the 78th:
A Bill to be entitled an Act to amend an Act abolishing the fee system for the Sheriff of Calhoun County and providing in lieu thereof an annual salary, so as to change the compensation of the sheriff; and for other purposes.
HB 635. By Mr. Jordan of the 78th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Baker County, so as to change the compensation of the chairman and the other members of said Board; and for other purposes.
HB 636. By Mr. Jordan of the 78th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Arlington, so as to change the hours which the polls shall be open on election days; and for other purposes.
Mr. Steis of 100th District, Chairman of the Committee on Defense and Vet erans 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 651. Do Pass. Respectfully submitted, Steis of 100th Chairman.
Mr. Lee of 35th District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations 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 245. Do Pass by Substitute. Respectfully submitted, Lee of the 35th Chairman.
TUESDAY, FEBRUARY 8, 1966
1139
Mr. Harris of the 118th 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 recommendations:
HB 449. Do Pass. HB 135. Do Not Pass. HB 139. Do Pass. HB 488. Do Pass as Amended. HB 244. Do Pass. HB 519. Do Pass. HB 572. Do Pass. HB 443. Do Pass. HB 557. Do Pass. HB 439. By Sub.
Respectfully submitted, Harris of 118th Chairman.
Mr. Brinkley of the 112th District 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:
HR 201-431. Do Pass as Amended. HR 246-528. Do Pass. HR 266-571. Do Pass. HR 271-571. Do Pass. HR 272-578. Do Pass. HR 264-571. Do Pass. HR 255-539. Do Pass. HR 250-529. Do Pass.
1140
JOURNAL OF THE HOUSE,
HE 247-529. Do Pass. HB 399. Do Pass. HB 406. Do Pass. HB 510. Do Pass. HB 511. Do Pass. HB 512. Do Pass. HB 513. Do Pass. HB 514. Do Pass. HB 515. Do Pass. HB 516. Do Pass. HB 517. Do Pass. HB 518. Do Pass. HB 521. Do Pass. HB 523. Do Pass. HB 525. Do Pass. HB 526. Do Pass. HB 528. Do Pass. HB 529. Do Pass. HB 535. Do Pass. HB 536. Do Pass. HB 540. Do Pass. HB 545. Do Pass. HB 546. Do Pass. HB 547. Do Pass. HB 548. Do Pass. HB 549. Do Pass. HB 550. Do Pass. HB 552. Do Pass. HB 556. Do Pass. HB 562. Do Pass. HB 570. Do Pass. HB 571. Do Pass. HB 573. Do Pass.
TUESDAY, FEBRUARY 8, 1966
1141
HB 574. Do Pass. HB 575. Do Pass. HB 576. Do Pass. HB 577. Do Pass. HB 578. Do Pass. HB 296. Do Not Pass as Amended.
Respectfully submitted, Brinkley of 112th Chairman.
The following Minority Committee Report was read:
MINORITY COMMITTEE REPORT OF LOCAL AFFAIRS COMMITTEE CONCERNING HOUSE BILL 296:
The local affairs committee held a hearing on House Bill 296 on Feb. 7, 1966. By a vote of 5 to 3 a motion carried recommending a do not pass.
Representatives: Hale, Abney, Snow of the 1st and Clark of the 2nd presented a substitute Bill to the Local Affairs Committee which did not affect the county of Chattooga in any way whatsoever.
The undersign members of the Local Affairs Committee, recommend that the substitute bill "do pass."
This 7th day of February, 1966.
Respectfully submitted, Howard of 101st Henderson of 102nd Carley of 117th Brinkley of 112th Chairman.
1142
JOURNAL OP THE HOUSE,
Mr. Busbee of the 79th District Vice Chairman of the Committee on Rules submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill f the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 509. Do Pass.
Respectfully submitted,
Busbee of 79th
Vice-Chairman.
Mr. Chandler of 47th District, Chairman of the Committee on State Inst. & Properties submitted the following report:
Mr. Speaker:
Your Committee on State Inst. & Properties 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 565. Do Pass. HR 153-319. Do Pass. HR 267-571. Do Pass.
Respectfully submitted, Chandler of 47th Chairman.
Mr. Ware of 42nd District, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 357. Do Pass by Committee Amendment. HR 34-48. Do Pass by Committee Substitute. HB 468. Do Pass by Committee Substitute.
Respectfully submitted, Ware of 42nd Chairman.
TUESDAY, FEBRUARY 8, 1966
1143
Mr. Paris of 23rd District, Chairman of the Committee on Temperance has submitted the following report:
Mr. Speaker:
Your Committee on Temperance has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 554. Do Pass. HB 429. Do Not Pass.
Respectfully submitted, Paris of 23rd, Chairman.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate to-wit:
SB 77. By Senators Rowan of the 8th and Jackson of the 16th:
A Bill to amend an Act creating the Georgia State Board of Funeral Services and regulating the practice of embalming and funeral directing as amended, so as to provide for the licensing of funeral establishments; to provide for applications; to provide for suspension and revocation of licenses; and for other purposes.
SB 119. By Senators Padgett of the 23rd, Kidd of the 25th, Foster of the 21st, and others:
A Bill to amend an Act providing for the issuance of automobile license tags to disabled veterans, as amended, so as to provide for the issuance of license tags to certain other disabled veterans; and for other purposes.
SB 21. By Senator Kidd of the 25th:
A Bill to amend Code Title 88, known as the "Georgia Health Code", as amended, so as to create within the Department of Public Health an autonomous Division of Mental Health; to define the powers, duties, and functions of the Division; and for other purposes.
1144
JOURNAL OF THE HOUSE,
SB 88. By Senators Holley of the 22nd, Kidd of the 25th and Noble of the 19th and others:
A Bill to provide for the incorporation of regulated certificated banks; and for other purposes.
SB 78. By Senators Rowan of the 8th and Jackson of the 16th:
A Bill to provide for pre-need funeral service contracts; to provide a declaration of policy; to provide for definitions; to provide for the administration and enforcement of this Act by the Comptroller General; to provide for forms and regulations; to provide for certificates of au thority; and for other purposes.
SB 94. 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.
SB 148. By Senators Thompson of the 34th, Coggin of the 35th and others:
A Bill to amend an Act establishing a new Charter for the City of East Point in Pulton County, approved August 19, 1912 (Ga. L. 1912, pp. 862, et. seq.), as amended; and for other purposes.
SB 149. By Senators Thompson of the 34th, Coggins of the 35th and others:
A Bill to amend an Act approved Sept. 16, 1891, entitled "An Act to incorporate the City of Hapeville, Ga.; and for other purposes.", and the several Acts amendatory thereof; and for other purposes.
SB 150. By Senators Thompson of the 34th, Coggin of the 35th and others:
A Bill to amend an Act establishing a new charter for the City of East Point in Fulton County, approved August 19, 1912 (Ga. L. 1912, pp. 362, et. seq.), as amended, and for other purposes.
SB 175. By Senators Yancey of the 33rd and Kendrick of the 32nd:
A Bill to abolish the office of coroner of Cobb County; to create the office of medical examiner of Cobb County; and for other purposes.
SB 180. By Senator Eldridge of the 7th:
A Bill to amend an Act creating the County Court of Atkinson County, as amended, so as to change the qualifications of the Judge 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:
TUESDAY, FEBRUARY 8, 1966
1145
HB 73. By Mr. Spillers of the 37th:
A Bill to amend an Act granting a new charter to the City of Covington, so as to clarify certain provisions therein; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 10. By Mr. Howell of the 86th:
A Bill to abolish the present mode of compensating the Sheriff of Early County known as the fee system; and for other purposes.
HB 20. By Mr. Fulford of the 67th:
A Bill to abolish the present method of compensating the sheriff of Lee County, known as the fee system; and for other purposes.
HB 40. By Messrs. Melton and Gaissert of the 34th:
A Bill to amend the Charter of the City of Griffin, relating to the Commissioner's salary; and for other purposes.
HB 67. By Mr. Dorminy of the 72nd:
A bill to amend an Act amending and revising the Charter for the City of Fitzgerald; and for other purposes.
HB 69. By Mr. Rush of the 75th:
A Bill to amend an Act creating a board of commissioners of roads and revenues for the County of Tattnall, so as to change the compensation of the commissioner; and for other purposes.
HB 80. By Mr. Wells of the 30th:
A Bill to fix the terms of the Superior Court of Oglethorpe County; and for other purposes.
HB 87. By Mr. Johnson of the 40th:
A Bill to amend an Act entitled "An Act to incorporate the town of Bearing, in McDuffie County", so as to increase the term of office of the mayor and councilmen; and for other purposes.
HB 88. By Mr. Johnson of the 40th:
A Bill to amend an Act amending, consolidating and superseding previ ous acts relating to the incorporation of the City of Thomson, so as to
1146
JOURNAL OF THE HOUSE,
change the procedure for the sale of property belonging to the City; and for other purposes.
HB 99. By Mr. Hawkins of the 139th:
A Bill to amend an Act to create a new charter for the City of Alpharetta, by providing for the number of Council members to be elected to the City Council of said Alpharetta; and for other purposes.
HB 107. By Mr. Longino of the 122nd:
A Bill to amend an Act creating a new charter for the City of Fairburn, so as to extend the City Limits; and for other purposes.
HB 108. By Mr. Rush of the 75th:
A Bill to amend an Act establishing the City Court of Reidsville, so as to increase the compensation of the judge; and for other purposes.
HB 266. By Mr. Savage of the 58th:
A Bill to amend an Act placing the ordinary of Macon County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the ordinary; and for other purposes.
HB 267. By Mr. Savage of the 58th:
A Bill to amend an Act placing the tax receiver of Macon County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the tax receiver; and for other purposes.
HB 269. By Mr. McCracken of the 49th:
A Bill to establish a new charter for the City of Louisville, so as to provide that the book for the registration of voters shall be opened at all times except for periods of 20 days before each election; and for other purposes.
HB 274. By Mr. Brackin of the 87th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenue for Miller County, so as to change the provisions relating to the compensation of the Chairman; and for other purposes.
HB 279. By Messrs. Lee, Gary and Harrell of the 35th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenue for Clayton County, so as to provide that the Clayton County purchasing agent shall be a full-time employee of Clayton County and shall be eligible to come under the Clayton County Civil Service System; and for other purposes.
TUESDAY, FEBRUARY 8, 1966
1147
HB 285. By Messrs. Hale, Abney and Snow of the 1st:
A Bill to amend an Act abolishing the offices of the tax collector and tax receiver of Dade County and creating in lieu thereof the office of tax commissioner, so as to change the compensation of the tax com missioner; and for other purposes.
HB 286. By Messrs. Hale, Abney and Snow of the 1st:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenue for Dade County, so as to change the compensation of the commissioner; and for other purposes.
HB 287. By Messrs. Hale, Abney and Snow of the 1st:
A Bill to amend an Act placing the Ordinary of Dade County upon an annual salary, so as to increase the maximum clerical expense allowance for the Ordinary; and for other purposes.
HB 288. By Messrs. Hale, Abney, and Snow of the 1st:
A Bill to abolish the present mode of compensating the sheriff of Dade County, known as the fee system; and for other purposes.
HB 291. By Mr. Wells of the 30th:
A Bill to amend an Act incorporating the town of Farmington in the County of Oconee, so as to provide for an election for the mayor and council; and for other purposes.
HB 293. By Mr. Caldwell of the 51st:
A Bill to place the Ordinary of Upson County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
HB 294. By Mr. Caldwell of the 51st:
A Bill to amend Code Section 24-1801, relating to clerks of County Ordinaries, so as to authorize the Ordinaries in certain counties to appoint a clerk whose salary shall be paid from county funds; and for other purposes.
HB 308. By Mr. Moore of the 12th:
A Bill to amend an Act placing the clerk of the superior court of Stephens County upon an annual salary, so as to increase the allotment of county funds for the purpose of compensating personnel within his office; and for other purposes.
1148
JOURNAL OF THE HOUSE,
HB 309. By Mr. Moore of the 12th:
A Bill to amend an Act creating a board of commissioners of roads and revenues in the County of Stephens, so as to change the terms of office of the commissioners; and for other purposes.
HB 311. By Mr. Moore of the 12th:
A Bill to amend an Act placing the ordinary of Stephens County upon an annual salary, so as to increase the allotment to the ordinary for the purpose of compensating personnel within his office; and for other purposes.
HB 312. By'Mr. Savage of the 58th:
A Bill creating a Small Claims Court in each county having a certain population; and for other purposes.
HB 124. By Mr. Wells of the 30th:
A Bill to abolish the present system of compensating the Sheriff of Oglethorpe County, known as the fee system, and to provide in lieu thereof an annual salary for the Sheriff; and for other purposes.
HB 130. By Messrs. Dailey of the 66th, Howell of the 86th and others:
A Bill to amend an Act fixing the compensation of the solicitor general of the Pataula Judicial Circuit, so as to increase the compensation of the solicitor general of the Pataula Judicial Circuit; and for other purposes.
HB 144. By Messrs. Carr and Rowland of the 48th:
A Bill to amend consolidate and supersede the previous acts relating to the incorporation of the town of Harrison and to provide a new charter therefor; and for other purposes.
HB 151. By Messrs. Vaughn and Harris of the 14th:
A Bill to create and establish a joint Airport Authority for the City of Cartersville and the County of Bartow; and other purposes.
HB 152. By Messrs. Harris and Vaughan of the 14th:
A Bill to amend an Act incorporating the City of Adairsville, so as to extend and redefine the corporate limits of the City; and for other purposes.
TUESDAY, FEBRUARY 8, 1906
1149
HB 153. By Messrs. Harris and Vaughan of the 14th:
A Bill to amend an Act incorporating the City of Adairsville, so as to provide that compensation be paid to the members of the Mayor and Council; and for other purposes.
HB 160. By Mr. Harrison of the 98th:
A Bill to amend an Act creating and establishing a new charter for the City of Folkston in the County of Charlton, so as to provide for council posts; and for other purposes.
HB 177. By Messrs. Carnes of the 129th, Daugherty of the 134th and others:
A Bill to amend an Act to establish the Criminal Court of Atlanta, so as to provide for the number of investigators which may be appointed by the Solicitor-General; and for other purposes.
HB 182. By Mr. Hadaway of the 46th:
A Bill to abolish the present mode of compensating the sheriff of Jasper County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 184. By Messrs. Newton and Lewis of the 50th:
A Bill to abolish the present mode of compensating the Sheriff of Jenkins County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 186. By Mr. Brackin of the 87th:
A Bill to fix, allow and provide for the compensation of the Sheriff of Miller County; and for other purposes.
HB 188. By Mr. Underwood of the 61st:
A Bill to amend an Act establishing' a new charter for the town of Higgston, so as to change the corporate limits; and for other purposes.
HB 195. By Mr. NeSmith of the 43rd:
A Bill to amend an Act, placing the compensation of the Sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meriwether County on a salary basis in lieu of a fee basis, so as to change the compensation of the Sheriff, the Clerk of the Superior Court and the Ordinary; and for other purposes.
1150
JOURNAL OF THE HOUSE,
HB 196. By Mr. NeSmith of the 43rd:
A Bill to amend an Act abolish the office of Treasurer of Meriwether County and providing for depositories for the deposit of County funds, so as to change the provisions relating to the depositories for the deposit of county funds; and for other purposes.
HB 228. By Mr. Pafford of the 97th: A Bill to abolish the present mode of compensating the sheriff of Atkinson County, known as the fee system; and for other purposes.
HB 230. By Mr. Byrd of the 28th: A Bill to amend an Act relating to incorporating the City of Monroe in Walton County and define its limits, so as to provide that the mayor and council shall be elected by a majority vote; and for other purposes.
HB 313. By Senator Collins of the 62nd: A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Toombs County, so as to change the maximum compensa tion of the clerk of the Board of Commissioners; and for other purposes.
HB 328. By Messrs. Sullivan, Barfield and Bennett of the 95th:
A Bill to place the sheriff of Lowndes County; upon an annual salary; to provide for the disposition of all fees and commissions formerly allowed the sheriff as compensation; and for other purposes.
HB 348. By Mr. Underwood of the 61st:
A Bill to abolish the present mode of compensating the Sheriff of Treutlen County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 349. By Mr. Underwood of the 61st:
A Bill to abolish the present mode of compensating the sheriff of Montgomery County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 367. By Messrs. Lee, Gary and Harrell of the 35th:
A Bill to change the name of a certain militia district located in Clayton County; and for other purposes.
TUESDAY, FEBRUARY 8, I960
1151
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 461. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A Bill to be entitled an Act to create the Bibb County Water and Sewerage Authority and to authorize such authority to acquire, con struct, equip, etc., self-liquidating projects embracing sources of water supply; and for other purposes.
The report 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 470. By Messrs. Busbee, Odom, Hutchinson and Lee of the 79th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Albany, so as to authorize the city commissioners to designate the place for holding elections; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 472. By Mr. Stovall of the 17th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Madison County, so as to provide that certain personnel personally objected to by the chairman shall not be employed 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.
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HB 473. By Mr. Stovall of the 17th:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Banks 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 476. By Mr. Brackin of the 87th:
A Bill to be entitled an Act to fix, allow and provide for the compensation of the Sheriff of Seminole 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 477. By Mr. Brackin of the 87th:
A Bill to be entitled an Act to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Colquitt in the County of Miller, so as to change the corporate limits of said city; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, FEBRUARY 8, 1966
1153
HB 482. By Mr. Black of the 56th:
A Bill to be entitled an Act to fix the compensation of the clerk of the commissioners of roads and revenues of all counties having a certain population, to provide that such compensation shall be paid from county funds by the governing authorities of such counties; and for other purposes.
The following amendment was read and adopted:
"Mr. Black of the 56th moves to amend HB 482 by striking the figures $80.00 wherever the same appears and inserting in lieu thereof the figures $100.00."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 483. By Mr. Black of the 56th: A Bill to be entitled an Act to amend an Act abolishing the office of tax collector and tax receiver and creating the office of tax commissioner in their stead, so as to change the compensation of the tax commissioner, of Chattahoochee County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 484. By Mr. Black of the 56th: A Bill to be entitled an Act to amend an Act placing the sheriff of Chattahoochee County on an annual salary in lieu of the fee basis of compensation, so as to authorize the governing authority of Chattahoo chee County to fix the compensation of the sheriff within a certain salary range; 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 485. By Mr. Black of the 56th: A Bill to be entitled an Act to provide that in all counties of this State having a certain population, the ordinaries of such counties shall be compensated on a salary basis in lieu of the fee system; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 489. By Messrs. Richardson of the 116th, Gignilliat and Powers of the 113th, Smith of the 114th, Tye and Kiley of the 115th:
A Bill to be entitled an Act to amend an Act incorporating Garden City, so as to confer upon the mayor and the councilmen additional powers; and for other purposes.
The report 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 490. By Messrs. Bedgood and Matthews of the 29th:
A Bill to be entitled an Act to place the sheriff of Clarke County upon an annual salary; and for other purposes.
TUESDAY, FEBRUARY 8, 1966
1155
The report 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 491. By Messrs. Bedgood and Matthews of the 29th:
A Bill to be entitled an Act to amend an Act providing for the merger of the independent school system of the Mayor and Council of the City of Athens and the existing school district of Clarke County, so as to provide that no educational tax shall be levied at a rate in excess of 20 mills; and for other purposes.
The report 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 492. By Messrs. Matthews and Bedgood of the 29th: A Bill to be entitled an Act to amend an Act relating to the charter of the Town of Athens, so as to authorize the appointment of Deputy Registrars; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 493. By Messrs. Matthews and Bedgood of the 29th:
A Bill to be entitled an Act to fix the compensation of the treasurer of Clarke County; 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 497. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Jordan of the 103rd: 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 provide that the charge for licenses issued for certain business activities within Cobb County shall be limited to actual expenses incurred in issuing such 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 ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 499. By Mr. Black of the 56th:
A Bill to be entitled an Act to provide that in all counties of this State having a certain population the governing authorities of such counties shall furnish the Sheriff of said counties firearms and ammunition and a two-way radio for 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, FEBRUARY 8, 1966
1157
HB 501. By Messrs. Snellings and Hull of the 104th, DeLong and Sherman of the 105th, Fleming and Simkins of the 106th:
A Bill to be entitled an Act to amend an Act regulating public instruc tion in the County of Richmond, so as to change the compensation of the members, president and vice-president, of the board of education; and for other purposes.
The report 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 502. By Messrs. Elliott of the 107th, Knapp, Stewart, Wilson and Jones of the 109th, and Bryant of the 108th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Macon, in and for the County of Bibb, so as to change the name of the city court of Macon; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 503. By Messrs. Elliott of the 107th, Knapp, Stewart, Wilson and Jones of the 109th, and Bryant of the 108th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Macon, in and for the County of Bibb, so as to provide for the establishment of a Court probation office, the appointment of probation officers and other assistants, to provide duties of said probation 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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HB 504. By Mr. Smith of the 54th:
A Bill to be entitled an Act to amend an Act incorporating the City of Swainsboro, so as to provide for the qualifications and registration of voters; and for other purposes.
The report 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 505. By Mr. Anderson of the 71st:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Pulaski County upon an annual salary in lieu of the fee system, so as to provide that ordinary shall be entitled to receive fees, which are payable to local custodians of vital statistics in the event said ordinary is designated local custodian of vital statistics; and for other purposes.
The report 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 506. By Mr. Anderson of the 71st:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Pulaski County upon an annual salary in lieu of the fee system, so as to provide that the clerk shall receive an allowance payable from the funds of Pulaski County for assistance rendered to the Board of Tax Assessors of Pulaski County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
TUESDAY, FEBRUARY 8, 1966
1159
The Bill, having received the requisite constitutional majority, was passed.
HB 507. By Messrs. Overby, Wood and Williams of the 16th:
A Bill to be entitled an Act to incorporate and to grant a new charter to the City of Oakwood; and for other purposes.
The report 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 201-431. By Messrs. Harris and Smith of the 85th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide additional definitions relating to the Brunswick and Glynn County Development Authority; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article V, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end of that paragraph of Paragraph I which reads as follows:
"Said Authority is created for the purpose of developing, pro moting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and the making of long-range plans for the coordination of such development, promotion and expansion, within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Glynn or the City of Brunswick. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created.",
the following language:
"For the purposes of this amendment, the word 'commerce' shall be deemed to include parking lot facilities, buildings, and cable television facilities.",
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so that when so amended the new paragraph of Paragraph I shall read as follows:
"Said Authority is created for the purpose of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and the making of long-range plans for the coordination of such development, promotion and expansion, within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Glynn or the City of Brunswick. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created. For the purposes of this amendment, the word 'commerce' shall be deemed to include parking lot facilities, buildings, and cable television facilities."
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 additional definitions relating to the Brunswick and
NO ( ) Glynn 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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following amendment was read and adopted:
Committee on Local Affairs moves to amend HR 201-431 by strik ing from Section 1 Paragraph 1 the words "and cable television facili ties" and inserting after the word "buildings" the words "for municipal purposes".
TUESDAY, FEBRUARY 8, 1966
1161
Also strike from paragraph two of Section 1 which is the new para graph the words "and cable television facilities" and inserting after the word "buildings" the words "for municipal purposes".
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:
Voting in the affirmative were Messrs.:
Abney Alexander Alien Anderson Bagby Barber Bedgood Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, M. P. Bryant Busbee
Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Colwell Conger Cook Cox Crowe Daugherty Davis DeLong Dollar Dorminy Doster Drew Duncan Egan Etheridge Parrar
Fleming Floyd Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howard Howell Hutchinson Irvin Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H.
Kiley Knapp Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S.
Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reaves Reid Richardson Ross
1162
Rowland Russell Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes
JOURNAL OF THE HOUSE,
Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, R. Town send Tucker Tye Underwood
Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson V/ebb Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Voting in the negative was Mr. M. Jones.
Those not voting were Messrs.:
Adams Barfield Bean Bennett Berry Black Bo wen Brown, C. Caldwell Clark, J. T. Collins, J. P. Collins, M. Conner Dailey Dean Dickinson
Dillon Dixon Elliott Evensen Fulford Hale Harris, J. R. Harris, R. W. Houston Hull Johnson, Dr. A. S. Jones, G. Paul Knight Leonard Matthews, D. R. Mauldin
McClatchey Moore, Don C. Otwell Pickard Roach Rush Smith, A. B. Smith, J. R. Spillers Sullivan Thompson, A. W. Wells Westlake Wiggins Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 155, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 225-480. By Messrs. Smith of the 114th, Tye and Kiley of the 115th; Powers and Gignilliat of the 113th and many others:
A RESOLUTION
Proposing to the qualified voters of Chatham County an amendmend to Article VII, Section I, Paragraph III of the Constitution of the State of Georgia of 1945, providing for tax equalization by authoriz-
TUESDAY, FEBRUARY 8, 1966
1163
ing levying of taxes other than taxes on real and personal property; by providing for reduction of ad valorem taxes on real and personal prop erty; by providing for the submission of this amendment for ratifica tion or rejection by the people otf Chatham County; and for other pur poses.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section I, Paragraph III of the Constitution of Geor gia, as amended, is hereby amended by adding at the end thereof the following:
"The County Commissioners and ex-officio judges of Chatham County are hereby authorized to levy any county wide tax which is not expressly prohibited by the State of Georgia.
"Before any such special tax hereinbefore provide if said con stitutional amendment is passed shall be imposed by the authority of this constitutional amendment, the same shall be further sub mitted to the voters of Chatham County, Georgia, in a referendum or at the next general election. Notice of said referendum or gen eral election shall be advertised at least thirty days before said referendum or next general election, and the same shall be approved by a majority of the registered voters of Chatham County, Georgia, authorized to vote in said referendum or next general election.
"On the collection and receipt of said additional tax revenues authorized by this amendment, the governing body of Chatham County shall annually evaluate and make a determination as to the total amount of revenue required to be raised for the opera tions of said county and for educational purposes by the imposition of the ad valorem tax on real and personal property levied by the county, and shall reduce such total amount by an amount which may be more than, but shall not be less than fifty (50%) per cent of the amount of such additional tax revenues received by Chatham County. The governing authority shall then set the ad valorem tax rate pursuant to the adjusted anticipated budget. The provisions of this amendment shall not be construed as limiting the amount of revenue which is to be derived through the imposition of the ad valorem tax when the operations of such government requires an increase in the amount of revenue required, it being the intent of this provision that the total revenue required to be raised through the imposition of the ad valorem tax on real and personal property shall be reduced by the proportion that fifty (50%) per cent or more of the new revenue received by such additional taxes bears to the total amount of ad valorem taxes required for the operation of such governmental unit."
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
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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 taxing authorities of Chatham County to levy taxes
NO ( ) other than taxes on real and personal property and to reduce proportionately the ad valorem taxes on real and personal property?"
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:
Abney Alexander Alien Anderson Bagby Barber Bedgood Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Carley Carnes
Carr Gates Chandler Clarke, H. G. Colwell Conger Cook Cox Crowe Daugherty Davis DeLong Dollar Dorminy Doster Drew Duncan Egan Etheridge
Farrar Fleming Floyd Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harrison Hawkins Henderson Herndon
TUESDAY, FEBRUARY 8, 1966
1165
Higginbotham Hill Holder Hood Howard Howell Hutchinson Irvin Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. McCracken McDaniell
Melton Merritt Minge Mitchell Mixon Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reaves Reid Richardson Ross Rowland Russell Savage Sherman Shields Sims
Simkins Smith, G. L. II Smith, V. T. Smith, W. L, Snellings Snow Spikes Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, W. R. Wood
Voting in the negative was Mr. M. Jones.
Those not voting were Messrs.:
Adams Barfield Bean Bennett Berry Black Bo wen Brown, C. Caldwell Clark, J. T. Collins, J. F. Collins, M. Conner Dailey Dean Dickinson
Dillon Dixon Elliott Evensen Fulford Hale Harris, J. R. Harris, R. W. Houston Hull Johnson, Dr. A. S. Jones, G. Paul Knight Leonard Matthews, D. R. Mauldin
McClatchey Moore, Don C. Otwell Pickard Roach Rush Smith, A. B. Smith, J. R. Spillers Stalnaker Sullivan Thompson, A. W. Wells Westlake Wiggins Mr. Speaker
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On the adoption of the Resolution, the ayes were 155, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 232-494. By Mr. Matthews of the 29th:
A RESOLUTION
Proposing a constitutional amendment so as to authorize the Gen eral Assembly to provide by local Act for the creation of a Charter Commission to study all matters relating to the consolidation of the government of the mayor and council of the City of Athens and Clarke County and for the establishment of a successor government with powers and jurisdiction throughout the territorial limits of Clarke County and to draft a charter to create such successor government, which proposed charter shall be submitted to the voters of Clarke County for approval or rejection in such manner as the General Assem bly shall provide by said local Act; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XI, Section I, Paragraph VII of the Constitu tion is hereby amended by adding at the end thereof the following:
"Any other provision of this Constitution to the contrary not withstanding, the General Assembly is hereby authorized to pro vide by local act for the creation of a Charter Commission to study all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Clarke County which single government shall supersede and replace the existing governments of the Mayor and Council of the City of Athens, hereinafter referred to as the City of Athens, and Clarke County and may also supersede and replace any public authorities and special service districts located and operating within Clarke County.
Said local act may further authorize said Charter Commission to draft a proposed charter creating such county-wide government and for the submission of such charter to the voters of Clarke Coun ty for approval or rejection in such manner as the General Assembly shall provide by said local act.
To carry out the purposes of this amendment, the General As sembly is hereby expressly authorized to delegate its powers by said local act to said Charter Commission and may authorize said Commission to draft a proposed county-wide government charter which may include any provisions necessary to effectuate the pur-
TUESDAY, FEBRUARY 8, 1966
1167
poses of this amendment. To that end, and without limiting the gen erality of the foregoing, the General Assembly is hereby authorized to provide by said local act that said Charter Commission may draft a proposed charter which would provide for any one or more of the following:
1. For the abolishment of the existing governments of the City of Athens and Clarke County and for the creation of a new single government having all powers formerly exercised by the City of Athens and Clarke County, and having such other powers as may be necessary or desirable including such rights, powers, duties and liabilities as are now or may hereafter be vested in municipalities or counties, or both, by the Constitution of Georgia or by other provision of law; the form and composition of said new government to be as said charter shall provide.
2. For the new county-wide government to continue to be eligible to have, hold, enjoy and be entitled to any assistance, credits, benefits, monies, grants, grants in aid, funds, loans, aid, appropriations and matching funds to the same extent that any municipality or county of the State of Georgia now or may here after enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future State or Federal programs.
3. For the abolishment of any city and county courts, juvenile courts, and any other courts including courts created in lieu of constitutional courts, presently existing in the City of Athens and Clarke County, except the superior court and court of ordinary, and for the creation of one or more new courts having the jurisdic tion and powers of the former courts in such manner as said charter
shall provide.
4. For the abolishment of any public authorities and special service districts located within Clarke County whether created by law or by provisions of this Constitution, and for the transfer of all powers, duties, and obligations of such authorities and districts to the new county-wide government in such manner as said charter shall provide.
5. For the abolishment of any one or more public offices includ ing coroner, county surveyor, tax collector, tax receiver, and county treasurer, or positions of public employment of the City of Athens and Clarke County, and any public authorities or special service districts located and operating within Clarke County.
6. For the creation of the governing authority of this single county-wide government including the number of members of said governing authority, their powers, duties, terms of office, manner of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of said county-wide governing authority.
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7. For the creation of the various departments, boards, bureaus, offices, commissions and positions of public employment of said county-wide government and all other matters necessary for inciden tal thereto.
8. For the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by said county-wide government in accordance with the kind, character, type and degree of services provided by said government within said taxing districts, and the rate and manner of taxation may vary in any one district from that in another or other districts, and provide that the powers, authority, duties, liabilities and functions of any such new governing authority so created may vary from district to district.
9. For the assumption by said county-wide government of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities and special service dis tricts which are consolidated by said charter and a method by which said county-wide government shall assume the payment of any obligations issued under the Revenue Bond Law.
10. For the transfer to said county-wide government of assets, contracts and franchises of all governmental units, and any public authorities and special service districts which have consolidated or merged with said county-wide government.
11. The purposes for which said county-wide government or governing authority or any agency thereof may levy taxes and the debt limitations applicable to such county-wide government or any agency thereof.
12. For the method or methods by which said charter may be amended.
Said local act may further provide for the qualifications and compensation of the members of said Charter Commission and for the expenses of said Charter Commission. The compensation of the members of the Charter Commission and the expenses of the Com mission shall be shared by the City of Athens and Clarke County in such manner as the General Assembly shall provide by said local act, and the governing authority of the City of Athens and the governing authority of Clarke County are hereby authorized to expend public funds for such purposes.
Nothing herein shall be construed so as to authorize the General Assembly or any Chatrer Commission created pursuant to any local act passed by the General Assembly in pursuance of this amend ment to:
1. Alter the status of the Clarke County School District or any constitutional provision by which such named agency was authorized or preserved.
2. Impair or diminish any civil service pension and retirement rights existing at the time of the ratification of this amendment.
3. Abolish the office of sheriff.
TUESDAY, FEBRUARY 8, 196G
1169
4. Affect the status of any incorporated municipality located within Clarke County other than the City of Athens and the status or relationship that such incorporated municipalities bear to Clarke County and the City of Athens prior to the adoption of this amendment shall continue to the same extent with any newly created county-wide governing authority that may be created under the provisions of this amendment.
5. Impair or diminish any homestead or other exemptions from taxation now or hereafter specified in this Constitution.
Provided, however, that none of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power with respect to the school district, office of sheriff, civil service and pension rights, incorporated municipalities and homestead exemptions which existed prior to the adoption of this paragraph.
The powers herein granted to the General Assembly:
1. Are remedial and shall be liberally construed to effectuate their purpose.
2. May be exercised by the General Assembly notwithstanding any other provisions of this Constitution or of law.
3. Shall not be exhausted by their initial exercise but may be exercised from time to time as said General Assembly may deter mine.
4. Are cumulative of all other powers now held by the General Assembly and are not in lieu thereof."
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 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 Assembly to provide by local act for the
NO ( ) creation of a Charter Commission to study all matters relating to the consolidation of the government of the Mayor and Council of the City of Athens and Clarke County and for the establishment of a successor government with powers and jurisdiction throughout the territorial limits of Clarke County and to draft a proposed charter to create such successor government, which proposed charter shall be submitted to the voters of Clarke County for approval or rejection in
1170
JOURNAL OF THE HOUSE,
such manner as the General Assembly shall provide by said local act?"
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
Alexander Alien
Anderson Bagby Barber Bedgood Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Colwell Conger Cook Cox
Crowe
Daugherty Davis
DeLong Dollar Dorminy Doster Drew Duncan Egan Etheridge Farrar Fleming Floyd Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harrison
Hawkins
Henderson Herndon
Higginbotham Hill Holder Hood Howard Howell Hutchinson Irvin Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino
Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odoni Oglesby Overby Pafford Palmer
TUESDAY, FEBRUARY 8, 1966
1171
Paris Parker Parrish Peterson Phillips Powers Rainey Reaves Reid Richardson Ross Rowland Russell Savage Sherman Shields Sims Simpkins Smith, G. L. II Smith, V. T. Smith, W. L.
Snellings Snow Spikes Starnes
Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, R. Townsend Tucker
Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative was Mr.: Jones, M.
Those not voting were Messrs.:
Adams Barfield Bean Bennett Berry Black Bowen Brown, C. Caldwell Clark, J. T. Collins, J. F. Collins, M. Conner Dailey Dean Dickinson
Dillon Dixon Elliott Evensen Fulford
Hale Harris, J. R. Harris, R. W. Houston Hull Johnson, A. S. Dr. Jones, G. Paul Knight Leonard Matthews, D. R. Mauldin
McClatchey Moore, Don C. Otwell Pickard Roach Rush Smith, A. B. Smith, J. R. Spillers Stalnaker Sullivan Thompson, A. W. Wells Westlake Wiggins Mr. Speaker
On the adoption of the Resolution, the ayes were 155, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
1172
JOURNAL OF THE HOUSE,
HR 241-504. By Mr. Vaughn of the 117th:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the debt limitation of Rockdale County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"Notwithstanding any other provision in this Constitution to the contrary, effective January 1, 1967, the debt limitation of Rockdale County shall be ten per centum of the assessed value of all the taxable property therein in lieu of the seven per centum limitation prescribed in this Paragraph."
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 increase NO ( ) the debt limitation of Rockdale 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.
TUESDAY, FEBRUARY 8, 1966
1173
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 Alexander Alien Anderson Bagby Barber Bedgood Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Carley Games Carr Gates Chandler Clarke, H. G. Colwell Conger Cook Cox Crowe Daugherty Davis DeLong Dollar Dorminy Doster Drew Duncan Egan Etheridge Farrar Fleming Floyd Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway
Hamilton Harrell Harrington Harris, J. F. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howell Hutchinson Irvin Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, J. H. Murphy NeSmith, J. D. Nessmith, P.
Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reaves Reid Richardson Ross Rowland Russell Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins
1174
Watson Webb Williams, G. J.
JOURNAL OF THE HOUSE,
Williams, W. M. Wilson, J. M. Wilson, R. W.
Wood
Those voting in the negative was Mr.: Jones, M.
Those not voting were Messrs.:
Adams Barfield Bean Bennett Berry Black Bowen Brown, C. Caldwell Clark, J. T. Collins, J. F. Collins, M. Conner Dailey Dean Dickinson Dillon
Dixon Elliott Evensen Fulford Hale Harris, J. R. Harris, R. W. Houston Howard Hull Johnson, A. S. Dr. Jones, G. Paul Knight Leonard Matthews, D. R. Mauldin McClatchey
Moore, Don C. Otwell Pickard Roach Rush Smith, A. B. Smith, J. R. Spillers Stalnaker Sullivan Thompson, A. W. Wells Westlake Wiggins Mr. Speaker
On the adoption of the Resolution, the ayes were 155, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 242-504. By Messrs. Story and Watson of the 22nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Gwinnett County to establish and administer fire protection districts and sewerage districts in said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
TUESDAY, FEBRUARY 8, 1966
1175
"The governing authority of Gwinnett County is hereby au thorized and empowered to establish and administer fire protection districts and sewerage districts in the unincorporated area of the County. The governing authority shall fix the geographical bound aries of any such district and may construct, maintain, operate and administer a fire protection system or a sewerage system, as the case may be, in such district. The governing authority is hereby authorized to levy a tax, not to exceed five mills, for such purpose on all property in said district, if the levying of such tax is approved by a majority vote of those qualified voters of said district voting at a special election to be called and conducted by the ordinary of said county in said district. The governing authority shall set the date for said election, which shall be held and conducted as are other special elections. General obligation bonds also may be issued for such purposes, to be paid for by taxes levied only in said district. In the event such bonds are issued, a tax may be levied in such district with no limitation as to rate or amount and such tax shall not be affected by the tax of not to exceed five mills provided for hereinbefore. If such bonds are issued, they shall be authorized in all respects as provided in Article VII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority of Gwinnett County and only those voters residing in the affected district shall participate in the election held for that purpose. Such bonds may be issued in an amount up to ten (10%) percent of the assessed valuation of property located in such district and such percentage shall be in addition to that authorized elsewhere in this Constitution. The governing authority is also authorized to issue revenue bonds for such purposes as authorized by the Constitution and laws of this State. The homestead exemption granted under the Constitution and laws of this State shall not be granted and shall not apply to the levy of any taxes provided for herein. In order to assist in constructing, maintaining, operating, and administering any such system, assessments may be made against the property in such district benefitted thereby, and the General Assembly is hereby authorized to provide the property against which assessments may be made, the procedure relative thereto, and all other matters relative thereto. In addition to the authority granted hereinbefore, the governing authority of Gwinnett County is hereby authorized to contract with any other political subdivision for the furnishing of fire protection services or sewerage services, or both, to any district established by the governing authority."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed 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:
1176
JOURNAL OF THE HOUSE,
"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Gwinnett County to
NO ( ) establish and administer fire protection districts and sewerage districts in said 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 Alexander Alien Anderson Bagby Barber Bedgood Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Carley Games Carr Gates Chandler Clarke, H. G. Colwell Conger Cook
Cox Crowe Daugherty Da vis DeLong Dollar Dorminy Doster Drew Duncan Egan Etheridge Farrar Fleming Floyd Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington
Harris, J. F. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howell Hutchinson Irvin Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H.
Kiley
Knapp Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas
TUESDAY, FEBRUARY 8, 1966
1177
Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby
Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reaves Reid Richardson Ross Rowland Russell Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow
Spikes Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Webb Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Voting in the negative was Mr. M. Jones.
Those not voting were Messrs.:
Adams Barfield Bean Bennett Berry Black Bowen Brown, C. Caldwell Clark, J. T. Collins, J. F. Collins, M. Conner Dailey Dean Dickinson Dillon
Dixon Elliott Evensen Fulford Hale Harris, J. R. Harris, R. W. Houston Howard Hull Johnson, Dr. A. S. Jones, G. Paul Knight Leonard Matthews, D. R. Mauldin McClatchey
Moore, Don C. Otwell Pickard Roach Rush Smith, A. B. Smith, J. R. Spillers Stalnaker Sullivan Thompson, A. W. Wells Westlake Wiggins Mr. Speaker
On the adoption of the Resolution, the ayes were 155, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
1178
JOURNAL OF THE HOUSE,
HR 246-528. By Messrs. Minge, Lowrey and Starnes of the 13th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the governing authority of Floyd County may establish water, sanita tion, sewerage and fire protection districts in Floyd County; may administer water, sanitation, sewerage and fire protection systems in said districts; levy taxes, issue bonds and revenue bonds to operate, maintain and administer such districts and systems; provide what prop erty shall be taxed for such purposes; to provide for the right of eminent domain; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of the County is hereby given the authority and power to establish and administer within the bounds of the County of Floyd water, sanitation, sewerage and fire protec tion districts, each of which shall have such areas as may be found by said government authority to be desirable; and may therein create, construct, maintain and operate a system, or systems, for said purposes; and provided that a district created for any system may include area of other district or districts created for the same or other systems or purposes and for said purposes shall have the power to make necessary plans and surveys; to hire necessary employees; to levy taxes or assessments on all property in said dis trict or districts therefor; to issue bonds and revenue bonds for the construction and maintenance of said systems; to enter into contracts with private persons, firms, partnerships, public corpora tions, corporations and municipal corporations. Taxes may be levied therefor on all property in said districts upon the vote of the ma jority of the qualified voters of said districts voting at a special election to be called by the ordinary of said county, and to be held in said district upon said question; provided that such taxes shall not exceed five mills upon the valuation of the property located in any such district. Bonds may be issued for such purposes and, if issued, shall be authorized in all respects as provided by Article VII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority of the County of Floyd, and only those voters residing in such district shall participate in such election held for that purpose. Any other provision of this Constitution to the contrary notwithstanding, the governing author ity of said county may issue bonds in an amount up to ten (10%) percent of the assessed valuation of the property located therein subject to taxation for bond purposes and any such bonds issued in and for any such district shall not affect the amount of bonds Floyd County may issue under Article VII, Section VII, Paragraph
TUESDAY, FEBRUARY 8, 1966
1179
I of the Constitution for other purposes. Provided further, that the homestead exemption granted by Article VII, Section I, Paragraph IV of the Constitution, and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of the taxes herein authorized and provided for, either for the operation and maintenance of the systems or for debt service. Provided further, that for the purposes hereinabove enumerated the said County of Floyd shall have the power of eminent domain and may exercise same upon the payment of just and adequate compensation as pro vided by this Constitution and the laws of this State. The planning, construction and establishing of any such system or systems may be financed in whole or in part by the issuance of revenue bonds as provided in the Revenue Bond Law of this State. All prior laws and parts of laws, constitutional amendments, and statutes, dealing with water, sanitation, sewerage, and fire protection districts in Floyd County are hereby repealed."
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 and empower the governing authority of the County of Floyd to establish and administer water, sanitation,
NO ( ) sewerage and fire protection districts, and to levy taxes, to issue bonds and have the power of eminent domain in connection 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 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.
1180
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 Alexander Alien Anderson Bagby Barber Bedgood Blair Blalock Brackin Brantley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Carley Games Carr Gates Chandler Clarke, H. G. Col-well Conger Cook Cox Crowe Daugherty Davis DeLong Dollar Dorminy Doster Drew Duncan Egan Etheridge Parrar Fleming Floyd Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington
Harris, J. F. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howell Hutchinson Irvin Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Land Lane Lea, F. R. Lee, W. 3. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby
Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reaves Reid Richardson Ross Rowland Russell Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, R. Town send Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
TUESDAY, FEBRUARY 8, 1966
1181
Voting in the negative was Mr. M. Jones.
Those not voting were Messrs.:
Adams Barfield Bean Bennett Berry Black Bowen Brown, C. Caldwell Clark, J. T. Collins, J. F. Collins, M. Conner Dailey Dean Dickinson Dillon
Dixon Elliott Evensen Fulford Hale Harris, J. R. Harris, R. W. Houston Howard Hull Johnson, Dr. A. S. Jones, G. Paul Knight Leonard Matthews, D. R. Mauldin McClatchey
Moore, Don C. Otwell Pickard Roach Rush Smith, A. B. Smith, J. R. Spillers Stalnaker Sullivan Thompson, A. W. Wells Westlake Wiggins Mr. Speaker
On the adoption of the Resolution, the ayes were 155, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 247-529. By Messrs. Lowrey, Minge and Starnes of the 13th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize Floyd County, in unincorporated areas, to construct, pave, maintain and improve public streets, roads, curbing, guttering, drainage, street lights and sidewalks and assess all or a portion of the cost of same against abutting property and the owners thereof with the approval of a ma jority of said abutting property owners; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article XI, Section I, Paragraph I of the Constitution, as amended, is hereby amended by adding at the end thereof the following:
"Within the unincorporated areas of Floyd County the Com missioners of Roads and Revenues of Floyd County, as the govern-
1182
JOURNAL OP THE HOUSE,
ing authority of said county, shall have full power and authority to construct, pave, maintain and otherwise improve public streets, roadways, curbing, guttering, drainage, street lights and sidewalks, and to assess all or a portion of the cost of such construction, pave ment, maintenance or improvement against the abutting property owners thereof; provided, however, a majority of said abutting property owners and a majority of said abutting property owners owning a majority of the front footage of the abutting property to be improved must agree to such assessment before said governing authority shall have authority to assess said abutting property owners for the costs of such improvements. If said abutting prop erty owners approve such assessment as herein provided, said gov erning authority may provide for the issuance and enforcement of execution for the collection of such assessments, and for the crea tion of liens thereby against such abutting property. In all such cases, however, the cost shall be determined and assessed under uni form rules and regulations as adopted from time to time by the governing authority of Ployd County and applied uniformly to all roads, streets, sidewalks, curbing, guttering, drainage, street lights and properties of the same class, and similarly situated, and further provided that such rules and regulations as initially adopted may be changed, rescinded, modified, and amended from time to time by the governing authority of Floyd County with the effective date of any such change, rescission, modification or amendment being at least thirty (30) days after publication of notice of such change, rescission, modification or amendment one time in the newspaper in which sheriff's advertisements are published in Floyd County."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 Floyd County, in unincorporated areas, to construct, pave, maintain and improve public streets, roads, curb ing, guttering, drainage, street lights and sidewalks
NO ( ) and assess all or a portion of the cost of same against abutting property and the owners thereof with the approval of a majority of said abutting property owners?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
TUESDAY, FEBRUARY 8, 1986
1183
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs:
Abney Alexander
Alien Anderson Bagby Barber Bedgood Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Colwell Conger Cook Cox Crowe Daugherty Da vis DeLong Dollar Dorminy Doster Drew Duncan, A. C.
Egan Etheridge Farrar Fleming Floyd Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howard Howell Hutchinson Irvin Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert
Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Maddox M alone Marshall Matthews, C. McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Palmer Paris Parker
1184
Parrish Peterson Phillips Powers Rainey Reaves Reid Richardson Ross Rowland Russell Savage Sherman Shields Sims Simkins
JOURNAL OF THE HOUSE,
Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, R. Townsend
Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Voting in the negative was Mr. M. Jones.
Those not voting were Messrs.:
Adams Barfield Bean Bennett Berry Black Bowen Brown, C. Caldwell Clark, J. T. Collins, J. F. Collins, M. Conner Dailey Dean Dickinson
Dillon Dixon Elliott Evensen Fulford Hale Harris, J. R. Harris, R. W. Houston Hull Johnson, Dr. A. S. Jones, G. Paul Knight Leonard Matthews, D. R. Mauldin
McClatchey Moore, Don C. Otwell Pickard Roach Rush Smith, A. B. Smith, J. R. Spillers Stalnaker Sullivan Thompson, A. W. Wells Westlake Wiggins Mr. Speaker
On the adoption of the Resolution, the ayes were 155, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 250-259. By Mr. Black of the 56th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Chattahoochee County to assess and collect
TUESDAY, FEBRUARY 8, 1966
1185
license fees and taxes upon businesses located in Chattahoochee County outside the limits of any incorporated municipality; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of Chattahoochee County is hereby authorized to fix, levy and assess license fees or taxes on all persons, firms and corporations maintaining a place or places of business in the area of Chattahoochee County, Georgia outside the incor porated limits of any municipality located therein except those busi nesses which are subject to regulation by the State Public Service Commission and to classify all such persons, firms and corporations according to the nature, manner and size of business conducted by such persons, firms and corporations and to fix, levy and assess different license fees or taxes against different classes of trades, businesses, callings, avocations or professions. Such licenses shall be issued, annually or otherwise, and may be revoked, cancelled or suspended after notice and a hearing, in accordance with rules pre scribed by said governing authority. The governing authority shall be further authorized and empowered to adopt ordinances and reso lutions to govern and regulate all such trades, businesses, callings, avocations or professions for the purposes of protecting and pre serving the health, safety, welfare and morals of the citizens of said county. Payment of said license fees or taxes may be enforced by fi. fas. issued by the governing authority of said county and levied by any officer in said county authorized by law to levy fi. fas. for taxes, assessments, fines, costs or forfeitures due said county. Said governing authority shall be authorized, in its discretion, to require any and all persons, firms or corporations licensed under the provisions of this Act to give a bond payable to Chattahoochee County and conditioned to pay said county or anyone else, suing in the name of said county and for their use, for injuries or damages received on account of dishonest, fraudulent, immoral or improper conduct in the administration of the business so licensed, such bond to be fixed and approved by said governing authority but not to exceed the sum of $5,000.00. Such license fees or taxes shall be in addition to all other taxes or assessments heretofore or hereafter levied by said county, and all funds received from same shall be paid into the county depository as general funds of said county. Any person, firm or corporation who shall violate any license regu lation adopted by the governing authority of Chattahoochee County or who shall fail to pay any license fee or tax prescribed for any business under the provisions of this Act shall be guilty of a mis demeanor and, upon conviction thereof, shall be punished as for a misdemeanor."
1186
JOURNAL OF THE HOUSE,
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Chattahoochee County to assess and collect license fees and taxes upon busi-
NO ( ) nesses located in Chattahoochee County outside the limits of any incorporated municipality?"
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 Alexander Alien Anderson Bagby Barber Bedgood Blair Blalock Brackin Brantley
Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Carley Carnes Carr Gates Chandler
Clarke, H. G. Colwell Conger Cook Cox Crowe Daugherty Davis DeLong Dollar Dorminy
Doster Drew Duncan Egan Etheridge Farrar Fleming Floyd Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howard Howell Hutchinson Irvin Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros
Land
TUESDAY, FEBRUARY 8, 1966
1187
Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. McCracken McDaniell Melton Merritt
Minge Mitchell Mixon Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reaves Reid
Richardson Ross Rowland Russell Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, R. Town send Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Voting in the negative was Mr. M. Jones.
Those not voting were Messrs.:
Adams Barfield Bean Bennett Berry Black
Bowen Brown, C. Caldwell Clark, J. T. Collins, J. F. Collins, M.
Conner Dailey Dean Dickinson Dillon Dixon
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Elliott Evensen Fulford Hale Harris, J. R. Harris, R. W. Houston Hull Johnson, Dr. A. S. Jones, G. Paul
Knight Leonard Matthews, D. R. Mauldin McClatehey Moore, Don C. Otwell Pickard Roach Rush
Smith, A. B. Smith, J. R. Spillers Stalnaker Sullivan Thompson, A. W. Wells Westlake Wiggins Mr. Speaker
On the adoption of the Resolution, the ayes were 155, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 255-539. By Messrs. Matthews and Bedgood ol the 29th:
A RESOLUTION
Proposing an amendment to the Constitution to increase the mem bership of the board of education of Clarke County from nine to eleven members; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section VII of the Constitution is hereby amended by striking therefrom Subparagraph (i) which was added to said Sec tion by an amendment to the Constitution proposed by a resolution found in Georgia Laws 1953, January -February Session, page 560 and ratified at the general election conducted in 1954 and which reads as follows:
"(i) The board of education shall consist of not more than nine (9) members and not less than seven (7) mem bers, with terms and qualifications as set by the General Assembly.",
and substituting in lieu thereof the following:
"(i) The board of education shall consist of not more than eleven (11) members and not less than seven (7) members, with terms and qualifications as set by the Gen eral Assembly."
TUESDAY, FEBRUARY 8, 1966
1189
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 increase the membership of the board of education of Clarke
NO ( ) County from nine to eleven members?"
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 vertify 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 Alexander Alien Anderson Bagby Barber Bedgood Blair Blalock Brackin Brantley Brinkley Brown, B. D.
Brown, M. P. Bryant Busbee Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Colwell Conger Cook
Cox Crowe Daugherty Davis DeLong Dollar Dorminy Doster Drew Duncan Egan Etheridge Farrar
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Fleming Floyd Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howard Howell Hutchinson Irvin Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S.
Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reaves Reid Richardson Ross
Rowland Russell Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Voting in the negative was Mr. M. Jones.
Those not voting were Messrs.:
Adams Barfield Bean Bennett Berry Black Bo wen Brown, C.
Caldwell Clark, J. T. Collins, J. F. Collins, M. Conner Dailey Dean Dickinson
Dillon Dixon Elliott Evensen Fulford Hale Harris, J. R. Harris, R. W.
TUESDAY, FEBRUARY 8, 1966
1191
Houston Hull Johnson, Dr. A. S. Jones, G. Paul Knight Leonard Matthews, D. R. Mauldin
McClatchey Moore, Don C. Otwell Pickard Roach Rush Smith, A. B. Smith, J. R.
Spillers Stalnaker Sullivan Thompson, A. W. Wells Westlake Wiggins Mr. Speaker
On the adoption of the Resolution, the ayes were 155, nays 1.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HB 399. By Messrs. Leonard, Smith and Mitchell of the 3rd:
A Bill to be entitled an Act to amend an Act creating a commissioner of roads and revenues for Murray County, as amended, so as to increase the compensation of the commissioner of roads and revenues of Murray 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 406. By Messrs. Harris and Smith of the 85th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Glynn County, as amended, so as to provide for the election of members to the Board of Commis sioners of Roads and Revenues of Glynn County; and for other purpurposes.
The report 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.
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HB 510. By Mr. Roach of the 15th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Cherokee County, so as to change the compensation of the Commissioner of Roads and Revenues of Cherokee County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 511. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to require an annual audit of the financial records and books 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 512. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to require certain county boards of educa tion to conduct a continuing and annual audit of the books and records of such boards of education; and for other purposes.
The report 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.
TUESDAY, FEBEUARY 8, 1966
1193
HB 513. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to require hospital authorities in certain counties to conduct an annual audit of the books and records of such hospital authorities; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 514. By Messrs. Minge, Lowrey and Starnes of the 13th: A Bill to be entitled an Act to amend an Act so as to provide that the salary of the comptroller of Ployd County shall be fixed by the Board of Commissioners of Roads and Revenue 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 515. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to require the Commissioners of Roads and Revenues of Floyd County to operate under a budget; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 516. By Mr. Roach of the 15th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the sheriff, clerk of the superior court, tax commissioner, ordinary, sheriff's deputies and the various clerks to said offices; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 449. By Messrs. Jones, Brinkley and Pickard of the 112th; Thompson and Berry of the 110th; and Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the judge of the juvenile court in certain counties; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 517. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to amend an Act so as to fix the annual salary of the sheriff of Lanier County; to provide for a deputy and his 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.
TUESDAY, FEBRUARY 8, 1966
1195
HB 518. By Mr. Johnson of the 40th:
A Bill to be entitled an Act to provide for compensating the Sheriff of Glascock County on a salary basis instead 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 521. By Messrs. Richardson of the 116th, Smith of the 114th, Gignilliat and Powers of the 113th, and Tye and Kiley of the 115th:
A Bill to be entitled an Act to amend an Act creating the Savannah District Authority so as to delete therefrom certain provisions relating to the terms of office of the authority members and the prohibition against members being eligible to succeed themselves; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 523. By Messrs. Howard and McDaniell of the 101st, Henderson and Wilson of the 102nd, and Jordan of the 103rd:
A Bill to be entitled an Act to amend an Act so as to increase the corporate limits of 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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HB 526. By Messrs. Bean, Westlake, Evensen and Higginbotham of the 119th, Carley, Malone, Palmer and Vaughn of the 117th, and Farrar, Harris, Levitas and Walling of the 118th:
A Bill to be entitled an Act to amend an Act so as to redefine the school board districts from which the members of the DeKalb County Board of Education shall be elected; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 525. By Messrs. Howard and McDaniell of the 101st and Wilson and Henderson of the 102nd:
A Bill to be entitled an Act to amend an Act so as to change the cor porate limits of the City of Marietta; and for other purposes.
The following amendment was read and adopted:
Mr. Howard of 101st moves to amend HB 525 as follows:
By striking from the language quoted as Section 2E in Section 1 of said bill the following:
"PARCEL NO 1."
and inserting in lieu thereof the following:
"TRACT NO. 1."
By adding at the end of the language quoted as Section 2E in Sec tion 1 of said bill the following:
"TRACT NO. 15.
All that tract or parcel of land lying and being in Land Lot 327, 20th District, 2nd Section, Cobb County, Georgia, as shown by plat of property of Lucius Hardage prepared by J. P. Phillips, Surveyor, dated October 15, 1962, and being more particularly described as follows:
BEGINNING at a point on the westerly side of Hardage Drive 964.5 feet from the center line of the Marietta-Dallas Highway
TUESDAY, FEBRUARY 8, 1966
1197
as measured along the westerly side of Hardage Drive; thence running westerly along the northerly side of property now or for merly belonging to R. L. Hamby for a distance of 652.6 feet to an iron pin located at the north westerly corner of said Hamby prop erty; thence running north for a distance of 400 feet to an iron pin; thence running east forming an interior angle with the pre ceding call of 90 degrees for a distance of 454 feet to a point lo cated on the westerly side of Hardage Drive; thence running south erly and south easterly along the westerly side of Hardage Drive and following the curvature thereof for a distance of 446.7 feet to an iron pin at the point of beginning.
"TRACT NO. 16
All that tract or parcel of land lying and being in Land Lots 326, 327 of the 20th District, and Land Lot 33 of the 19th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at a point on the north right-of-way line of Dallas Road where said point intersects the northeast corner of Land Lot 33, said point is also the present City Limit line of Mari etta, Georgia; running thence in a westerly direction along the north line of Land Lot 33 to a point 10 feet east of the intersection point of the east line of Land Lot 327 and the north line of Land Lot 33; running thence in a northerly direction along a line 10 feet east of and parallel to the east line of Land Lot 327 to the intersection of said parallel line with the north line of Land Lot 326; running thence in a westerly direction 962 feet to an iron pin and corner; thence running southerly and forming an interior angle of 90 degrees for a distance of 600 feet to an iron pin and corner, running thence in an easterly direction and parallel to the original north line of Land Lot 327 for a distance of 501 feet to a point; thence running southerly forming an interior angle of 90 degrees with the previously mentioned course for a distance of 200 feet to an iron pin; thence easterly forming an interior angle of 90 degrees for a distance of 451 feet to a point on the east line of Land Lot 327, said point is located 800 feet south of the northeast corner of Land Lot 327; running thence in a southerly direction along the east line of Land Lot 327 for a distance of 200 feet to an iron pin, said pin is located 1000 feet south of the northeast corner of Land Lot 327; running thence at an angle of 90 degrees with the east line of Land Lot 327 in a westerly direction for a distance of 451 feet to an iron pin; running thence south and forming an interior angle of 90 degrees with the previously mentioned course for a distance of 200 feet to an iron pin; running thence easterly and forming an interior angle of 90 degrees with the previously mentioned course a distance of 451 feet to an iron pin located on the east line of Land Lot 327, said point being 1200 feet south of the northeast corner of Land Lot 327; running thence southerly along the east line of Land Lot 327 to the point of intersection with said land lot line and the south right-of-way line of the Dallas Road, if said east line of Land Lot 327 were extended to intersect said right-of-way line; running thence in an easterly direction along the south right-of-way line of the Dallas Road to the inter-
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section of said right-of-way line with the present City Limits of Marietta, Georgia; running thence in a northerly direction along the present City Limit line of Marietta, Georgia to the point of beginning.
"TRACT NO. 17.
All that tract or parcel of land lying and being in Land Lots 147, 148, 213 and 214, of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at a point on the present City Limits of Mari etta, Georgia 340 feet more or less northeasterly of the point at which said City limit line intersects the west line of Land Lot 148; running thence in a southeasterly direction 275 feet more or less to a point and corner; running thence south 34 degrees 38 minutes west 200 feet to a point and corner; running thence south 56 de grees 12 minutes east 500 feet to a point and corner located on the south line of said Land Lot 148; running thence north 87 de grees 10 minutes and 30 seconds east 651.3 feet to the southeast corner of Land Lot 148; running thence north 0 degrees 26 minutes west along the east line of Land Lot 148, 1135.5 feet to a point and corner; running thence north 69 degrees 23 minutes east 95.7 feet to a point and corner located in Land Lot 213; running thence north 13 degrees 53 minutes west 316 feet more or less to a point on the present City limit line of Marietta, Georgia; running thence in a southwesterly direction along said City limit line 1400 feet more or less to the point of beginning.
"TRACT NO. 18.
All that tract or parcel of land lying and being in Land Lots 576, and 575, 17th District, 2nd Section, Cobb County, and being more particularly described as follows:
BEGINNING at a point where the east right-of-way line of Lovena Road intersects the present City limit line of Marietta, Georgia; running thence south along the east right-of-way line of Lovena Road for a distance of 400 feet more or less, said point is 550 feet north of the northeast corner of the intersection of Frank lin Road and Lovena Road; running thence in an easterly direction for a distance of 240 feet to a point; thence southerly 100 feet to a point; thence westerly 240 feet to the east right-of-way of Lovena Road; thence continuing westerly for a distance of 40 feet to the west right-of-way of Lovena Road; thence northerly along the west right-of-way of Lovena Road for a distance of 470 feet more or less to the intersection of said right-of-way and the present City limit line of Marietta, Georgia; running thence northeasterly along gaid City limit line across Lovena Road to the point of beginning.
"TRACT NO. 19.
All that tract or parcel of land lying and being in Land Lots 577, 648 and 649, 647, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
TUESDAY, FEBRUARY 8, 1966
1199
BEGINNING at a point where the northwest corner of Land Lot 648 intersects the present City limit line of Marietta, Georgia; running thence in a southerly direction along the west line of Land Lot 648 to a point 10 feet north of the southwest corner of Land Lot 648; running thence in an easterly direction on a course 10 feet north of the south line of Land Lot 648 and parallel to said land lot line to a point 10 feet west of the east line of Land Lot 648; running thence in a northerly direction on a course 10 feet west of the east line of Land Lot 648 and parallel to said land lot line for a distance of 310 feet more or less to a point; running thence in an easterly direction 248 feet to a point on the west rightof-way line of Meadowbrook Drive; running thence southerly along said right-of-way line for a distance of 80 feet to a point; running thence westerly for a distance of 247.4 feet to a point on the east line of land lot 648; running thence in a southerly direction along the east line of Land Lot 648 for a distance of 80 feet to a point on the southwest corner of Lot 78 of Meadowbrook Subdivision Sec tion One; running thence in an easterly direction for a distance of 246.2 feet to a point on the west right-of-way line of Meadowbrook Drive; running thence south along said right-of-way for a distance of 160 feet to a point on the south line of Land Lot 649; running thence in a westerly direction along said land lot line for a distance of 245 feet to the intersection of Land Lots 648, 649, 650 and 647; running thence south along the east line of Land Lot 647 for a distance of 180 feet to a point; running thence easterly for a distance of 163 feet to a point on the west right-of-way line of Meadowbrook Drive; running thence in a southerly direction along said right-of-way for a distance of 91 feet to a point; run ning thence in a westerly direction 160 feet to a point, said point being 10 feet east of the east line of Land Lot 647; running thence northerly along a course 10 feet east of the east line of Land Lot 647 and parallel to said line for a distance of 270 feet more or less to a point on the north line of Land Lot 647; running thence in a westerly direction along the north line of Land Lots 647 and 578 to a point 10 feet west of the intersection of Land Lots 647, 648, 577 and 578; running thence in a northerly direction along a course 10 feet west of the west line of Land Lot 648 for a distance of 1260 feet more or less to a point on the present City limit line of Mari etta, Georgia; running thence in an easterly direction along said City limit line for a distance of 10 feet to the point of beginning."
By striking from the language quoted as Section 2P in Section 2 of said bill the following:
"TRACT NO. 15.
All that tract or parcel of land lying and being in Land Lot 327, 20th District, 2nd Section, Cobb County, Georgia, as shown by plat of property of Lucius Hardage prepared by J. P. Phillips, Surveyor, dated October 15, 1962, and being more particularly described as follows:
BEGINNING at a point on the westerly side of Hardage Drive 964.5 feet from the center line of the Marietta-Dallas Highway as measured along the westerly side of Hardage Drive; thence run-
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JOURNAL OF THE HOUSE,
ning westerly along the northerly side of property now or formerly belonging to R. L. Hamby for a distance of 652.6 feet to an iron pin located at the north westerly corner of said Hamby property; thence running north for a distance of 400 feet to an iron pin; thence running east forming an interior angle with the preceding call of 90 degrees for a distance of 454 feet to a point located on the westerly side of Hardage Drive; thence running southerly and south easterly along the westerly side of Hardage Drive and fol lowing the curvature thereof for a distance of 446.7 feet to an iron pin at the point of beginning."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 528. By Mr. NeSmith of the 43rd:
A Bill to be entitled an Act to amend an Act so as to increase the cor porate limits of the Town of Luthersville; and for other purposes.
The report 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 529. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th, Westlake, Higginbotham, Bean and Evensen of the 119th, and others of the 118th:
A Bill to be entitled an Act to amend Code Section 92-6402, providing for the payment of taxes in two installments in counties having a popu lation of not less than 250,000 and not more than 500,000; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, FEBRUARY 8, 1966
1201
HB 535. By Messrs. Lee, Gary and Harrell of the 35th:
A Bill to be entitled an Act to amend an Act so as to change the amount of bond required of members of the Board of Commissioners of Roads and Revenues of Clayton County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 536. By Messrs. Lee, Gary and Harrell of the 35th:
A Bill to be entitled an Act to abolish the office of Treasurer of Clayton County; and for other purposes.
The following amendment was read and adopted:
Messrs. Lee, Gary and Harrell of the 35th move to amend HB 536 by adding after the word "depository" the words "or depositories" wherever the same may appear.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 540. By Messrs. Matthews and Bedgood of the 29th:
A Bill to be entitled an Act to amend an Act so as to increase the mem bership of the Clarke County Board of Education; and for other purpurposes.
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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 545. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act relating to the Board of Education of the City of Rome; and for other purposes.
The report 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 546. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act so as to provide the quali fications of the members of the City Commissioners of the City of Rome; and for other purposes.
The report 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 547. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act creating the charter for the City of Rome, so as to provide that each ward shall consist of Post No. 1, Post No. 2 and Post No. 3 for election purposes; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
TUESDAY, FEBRUARY 8, 1966
1203
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 548. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, relating to the number of wards within the City; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 549. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, relating to fines, taxes, forfeitures or other indebtedness due 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 550. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, so as to provide for primary elections and the nomination of candidates for any general election and special election by primary or nomination petition; and for other purposes.
The report 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.
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JOURNAL OF THE HOUSE,
HB 552. By Messrs. Hull of the 104th and DeLong of the 105th:
A Bill to be entitled an Act to amend an Act changing from the fee to the salary system certain of the county officers of certain counties, as amended, so as to change the compensation of certain employees of 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 556. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Jordan of the 103rd:
A Bill to be entitled an Act to amend an Act so as to provide for a minimum salary for deputy sheriffs of Cobb County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Speaker resumed the Chair.
By unanimous consent, the following Bill of the House was placed on the general calendar to consider the unfavorable report of the Committee on Local Affairs:
HB 296. By Messrs. Abney, Snow and Hale of the 1st and Clark of the 2nd:
A Bill to be entitled an Act to amend an Act providing for an additional judge of the superior courts of the Lookout Mountain Judicial Circuit, so as to provide that such additional judge shall receive the salary supplement which the other judge of said Circuit receives; and for other purposes.
TUESDAY, FEBRUARY 8, 1966
1205
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:
SB 19. 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" to provide for taxing on alcoholic beverages in municipalities; and for other purposes.
Referred to the Committee on Temperance.
SB 46. By Senators Kendrick of the 32nd and 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 include within the definition of the terms cosmetologist and beautician those persons who perform certain services on the hair of deceased persons and wigs; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 48. By Senator Yancey of the 33rd:
A Bill to be entitled an Act to prohibit the advertisement of alcoholic beverages; and for other purposes.
Referred to the Committee on Judiciary.
SB 90. By Senators Smalley of the 28th and Gayner of the 5th:
A Bill to be entitled an Act to amend Code Chapter 84-11, relating to the practice of optometry, so as to provide that appeals taken to certain actions of the Board of Examiners in Optometry shall be taken in accordance with the "Georgia Administrative Procedure Act"; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 127. By Senators Yancey of the 33rd, Kilpatrick of the 44th and Edenfield of the 4th:
A Bill to be entitled an Act to provide that the judge or judges of every court of this State having jurisdiction of the violation of traffic laws or traffic ordinances, which violations occur outside corporate limits of municipalities, may provide by written order for the estab lishment of a Traffic Violations Bureau; and for other purposes.
Referred to the Committee on Judiciary.
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JOURNAL OP THE HOUSE,
SB 39. By Senator Hill of the 29th:
A Bill to be entitled an Act to amend an Act providing and establish ing a charter for the City of Woodbury in the County of Meriwether, so as to provide for a majority vote for the offices of mayor and councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
SB 53. By Senators Lee of the 47th and Sanders of the 41st: A Bill to be entitled an Act to provide a different statute of limitations on any action, whether in contract, in tort or otherwise, to recover damages for any deficiency of construction of an improvement to real property, or for injury to property out of such deficiency; and for other purposes.
Referred to the Committee on Judiciary.
SB 54. By Senator Wesberry of the 37th: A Bill to be entitled an Act to amend an Act relating to the inspection of public records; and for other purposes.
Referred to the Committee on Judiciary.
SB 77. By Senators Rowan of the 8th and Jackson of the 16th:
A Bill to be entitled an Act to amend an Act creating the Georgia State Board of Funeral Services and regulating the practice of embalm ing and funeral direction, so as to provide for the licensing of funeral establishments; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 78. By Senators Rowan of the 8th and Jackson of the 16th:
A Bill to be entitled an Act to provide for pre-need funeral service contracts; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 85. By Senator Johnson of the 38th:
A Bill to be entitled an Act to create a State-wide tenure law for all administrative and teaching personnel of the public school system, ex cept those who work directly under a State or local merit system; and for other purposes.
Referred to the Committee on Education.
TUESDAY, FEBRUARY 8, 1966
1207
SB 88. By Senators Holley of the 22nd, Kidd of the 25th and Noble of the 19th and others:
A Bill to be entitled an Act to provide for the incorporation of regu lated certificated banks; and for other purposes.
Referred to the Committee on Banks and Banking.
SB 89. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 13-204, relating to private banks or private bankers; and for other purposes.
Referred to the Committee on Banks and Banking.
SB 94. 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 98. By Senators Jackson of the 16th and Kendrick of the 32nd:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State Public Schools; and for other purposes.
Referred to the Committee on Education.
SB 99. By Senator Hill of the 29th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Greenville, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
SB 114. By Senators Webb of the llth and Jackson of the 16th:
A Bill to be entitled an Act to amend Code Section 84-1008, relating to the qualifications of applicants for registration as graduate nurses, so as to provide for an additional method of qualifying for registration as a graduate nurse; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 115. By Senator Kilpatrick of the 44th:
A Bill to be entitled an Act to amend Code Section 59-203, relating to the drawing of names of persons to serve as jurors so as to change the maximum number of names that may be drawn; and for other purposes.
Referred to the Committee on Judiciary.
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JOURNAL OF THE HOUSE,
SB 119. By Senators Padgett of the 23rd, Downing of the 1st, Kidd of the 25th 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 disabled veterans; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.
SB 148. By Senators Thompson of the 34th, Coggin of the 35th, 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 East Point; and for other purposes.
Referred to the Committee on Local Affairs.
SB 149. By Senators Thompson of the 34th, Coggin of the 35th, Ward of the 39th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the City of Hapeville"; and for other purposes.
Referred to the Committee on Local Affairs.
SB 150. By Senators Thompson of the 34th, Coggin of the 35th, 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 East Point; and for other purposes.
Referred to the Committee on Local Affairs.
SB 175. By Senators Yancey of the 33rd and Kendrick of the 32nd:
A Bill to be entitled an Act to abolish the office of Coroner of Cobb County; to create the office of medical examiner; and for other pur poses.
Referred to the Committee on Local Affairs.
SB 180. By Senator Eldridge of the 7th:
A Bill to be entitled an Act to amend an Act creating the County Court of Atkinson County, so as to change the qualifications of the judge of said court; and for other purposes.
Referred to the Committee on-Local Affairs.
TUESDAY, FEBRUARY 8, 1966
1209
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the Senate to-wit:
SB 35. By Senators Johnson of the 38th, Maclntyre of the 40th, Wesberry of the 37th 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 183. By Senators Webb of the llth, Smith of the 18th, Gillis of the 20th and Rowan of the 8th:
A Bill to create Fiscal Affairs Subcommittees of the Senate and the House of Representatives; to provide for the composition, duties, powers and meetings of such subcommittees; to provide for funds; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Resolution of the House was read and adopted:
HR 296. By Messrs. Lovell of the 6th, Grahl of the 52nd, Watkins of the 9th, Overby and Williams of the 16th and many others:
A RESOLUTION
To immortalize the "True Coon Dog Cleo"; and for other purposes.
WHEREAS, on November 4, 1963 in the Blue Ridge Mountains of northeast Georgia, when the frost had begun to appear, a shot rang out in the darkness and stillness of night, startling creatures of the wild and ending the promising career of Coon Dog Cleo; and,
WHEREAS, the untimely death of Cleo also ended the dreams of a man and his many friends who looked forward to listening to the sweet music of the melodious barking of their favorite hound; and,
WHEREAS, in the early American way of life, the dog played an important part in the family life of the home as a companion and friend of adults and as a playmate for youngsters; and
WHEREAS, the dog also helped to provide food for the table; and,
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JOURNAL OF THE HOUSE,
WHEREAS, the coon dog is one of the finest dogs of the chase and his popularity continues today; and,
WHEREAS, Coon Dog Cleo was one of the incomparable leaders in the finest tradition of coon dogs.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that this body does hereby dedicate a monu ment to immortalize "True Coon Dog Cleo", who was killed in action on November 4, 1963 and directs that said monument be erected in Unicoi State Park in White County, 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 Willard York, owner of "True Coon Dog Cleo."
Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 94-165. By Mr. Overby of the 16th: A Resolution compensating Mrs. Helen Martin; and for other purposes.
The following amendment was read and adopted:
"The Committee on Appropriations moves to amend HR 94-165 by striking the figures $608.15 and inserting the figures $591.15 in lieu thereof."
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 139, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 125-239. By Messrs. Newton and Matthews of the 94th: A Resolution compensating R. L. Millings; and for other purposes.
TUESDAY, FEBRUARY 8, 1966
1211
The following amendment was read and adopted:
"The Committee on Appropriations moves to amend HR 125-239 by striking the figures $800.00 and inserting the figures $555.08 in lieu thereof."
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 139, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 174-385. By Mr. Harris of the 118th: A Resolution compensating Mr. and Mrs. Randolph E. Ward; and for other purposes.
The following amendment was read and adopted:
"The Committee on Appropriations moves to amend HR 174-385 by striking the figures $3,516.50 and inserting the figures $1,016.50 in lieu thereof".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 139, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 175-385. By Mr. Harris of the 118th:
A Resolution compensating Mr. Samuel Rushing Smith; and for other purposes.
The following amendment was read and adopted:
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JOURNAL OF THE HOUSE,
"The Committee on Appropriations moves to amend HE 175-385 by striking the figures $200.30 and inserting the figures $100.00 in lieu thereof."
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 139, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 184-389. By Mr. Ross of the 31st:
A Resolution compensating Bobby Gene Rocker; and for other pur poses.
The following amendment was read and adopted:
"The Committee on Appropriations moves to amend HR 184-389 by striking the figures $1,365.89 and inserting the figures $1,140.89 in lieu thereof".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 139, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 214-454. By Mr. Houston of the 84th: A Resolution compensating Mr. L. L. Rhoden, Jr.; and for other pur poses.
The following amendment was read and adopted:
"The Committee on Appropriations moves to amend HR 214-454 as follows: By striking from the first paragraph the figure "1956" and inserting in lieu thereof the figure "1962".
TUESDAY, FEBRUARY 8, 1966
1213
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 139, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 10-13. By Mr. Irvin of the llth: A Resolution to compensate Ed. Lonzo Smith; 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 139, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 13-13. By Mr. Lewis of the 50th:
A Resolution compensating Parker-White Motors; 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 139, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 86-138. By Messrs. Chandler and Harrington of the 47th:
A Resolution compensating Benjamin Clinton Tanner; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution was agreed to.
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JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the ayes were 139, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 162-358. By Mr. Floyd of the 7th: A Resolution compensating Mr. Glenn Hendrix; 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 139, nays 1.
The Resolution, having received the requisite constitutional majority, was adoped.
HR 168-381. By Mr. Otwell of the 10th: A Resolution compensating Charles L. Wilson; 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 139, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 169-381. By Mr. Harris of the 14th:
A Resolution to compensate Warren Marchialette; 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 139, nays 1.
TUESDAY, FEBRUARY 8, 1966
1215
The Resolution, having received the requisite constitutional majority, was adopted.
HR 170-381. By Mr. Vaughan of the 14th:
A Resolution compensating Miss Marie Morgan and Mrs. Bertha Wilkins; 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 139, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 171-383. By Messrs. Chandler and Harrington of the 47th:
A Resolution to compensate Reverend James L. Travis; 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 139, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 172-385. By Mr. Harris of the 118th: A Resolution compensating Doyle F. Whitaker; 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 139, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
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JOURNAL OP THE HOUSE,
HR 176-385. By Mr. Harris of the 118th:
A Resolution compensating Mr. Raymond J. Wrinn; 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 139, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 181-385. By Mr. Dickinson of the 27th:
A Resolution compensating Mr. Johnny A. Brown; 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 139, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 208-438. By Mr. Wilson of the 102nd: A Resolution compensating Carl Green; 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 139, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
TUESDAY, FEBRUARY 8, 1966
1217
HR 212-444. By Mr. Herndon of the 74th:
A Resolution compensating Mrs. Jacquelyn S. Horen; 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 139, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 149-304. By Messrs. Parrar and Walling of the 118th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the indemnifying of a private citizen for personal injury or damage to his property sustained in pre venting the commission of a crime against the person or property of another, in apprehending a criminal, or in materially assisting a peace officer in prevention of a crime or apprehension of a criminal and for the indemnifying of a private citizen whose spouse or minor child is killed in preventing the commission of a crime against tha person or property of another, in apprehending a criminal, or in materially as sisting a peace officer in prevention of a crime or apprehension of a criminal; 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 VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for the indemnifying of a private citizen for personal injury or damage to his property sustained in preventing the commission of a crime against the person or property of another, in apprehending a crimi nal, or in materially assisting a peace officer in prevention of a crime or apprehension of a criminal and for the indemnifying of a private citizen whose spouse or minor child is killed in preventing the commission of a crime against the person or property of an other, in apprehending a criminal, or in materially assisting a peace
1218
JOURNAL OF THE HOUSE,
officer in prevention of a crime or apprehension of a criminal. Such law may provide for the method of payment of such indemnification and all other matters relative to the purposes herein provided. The General Assembly is hereby authorized to appropriate State funds for the payment of such indemnification and for the purpose of implementing any law as authorized by this paragraph."
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 author ize the General Assembly to provide by law for the indemnifying of a private citizen for personal injury or damage to his property sustained in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or
NO ( ) in materially assisting a peace officer in prevention of a crime or apprehension of a criminal and for the indemnifying of a private citizen whose spouse or minor child is killed in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in materially assisting a peace officer in prevention of a crime or appre hension of a criminal?
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:
TUESDAY, FEBRUARY 8, 1966
1219
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blair Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Caldwell Carnes Carr Gates Clarke, H. G. Collins, J. P. Collins, M. Conger Cox Crowe Dailey Daugherty Davis Dean DeLong Dillon Dixon Dollar
Dorminy
Doster
Drew
Duncan
Etheridge
Evensen
Farrar
Fleming
Floyd
Fulford
Funk
Gaynor
Grahl
Grier
Hadaway Hamilton Harrell Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Higginbotham Hill Hood Howell Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, M. Jordan, Ben C. Kiley Knapp Lambros Land Lane Lea, F. R. Lee, W. S. Levitas Lewis Longino Lovett Lowrey Maddox Malone Marshall Matthews, C. McClatchey McCracken Merritt
Minge
Mixon
Moore, Don C.
Moore, J. H.
Murphy
NeSmith, J. D.
Nessmith, P.
Newton, A. S.
Odom
Oglesby
Otwell
Overby
Pafford
Palmer
Paris Parker Parrish Pickard Powers Rainey Reaves Reid Richardson Roach Ross Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye
Underwood
Vaughan
Walling
Watkins
Watson
Webb
Wells
Westlake
Wiggins
Williams, G. J.
Williams, W. M.
Wilson, R. W.
Wood
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JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Alien Anderson Blalock Bowen Busbee Byrd Carley Chandler Clark, J. T. Colwell Conner Cook Dickinson Egan Elliott Gaissert Gary Gignilliat
Hale Harrington Harris, R. W. Henderson Holder Houston Howard Hull Jones, C. M. Jones, G. Paul Jordan, W. H. Knight Lambert Lee, W. J. (Bill) Leonard Lovell Matthews, D. R. Mauldin
McDaniell Melton Mitchell Newton, D. L. Peterson Phillips Rowland Smith, G. L. II Smith, J. R. Smith, V. T. Spillers Townsend Vaughn Ware Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 152, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 166-371. By Messrs. Richardson of the 116th, Smith of the 3rd and Jones of the 109th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that a person shall be entitled to register and vote at any election by the people if he has resided in this State at least one hundred and eighty days, and in the county or municipality at least ninety days next pre ceding the election in which he offers to vote; to provide that a person otherwise qualified to vote and who has been domiciled in the State at least thirty but less than one hundred and eighty days prior to a presi dential election may be permitted by law to vote for presidential and vice presidential electors if he is not eligible to vote for them elsewhere; to provide for secrecy in voting; 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 of Georgia is hereby amended by striking Article II in its entirety and inserting in lieu thereof a new Article II to read as follows:
TUESDAY, FEBRUARY 8, 1966
1221
Article II. Elective Franchise
Section I.
Paragraph I. Elections by ballot.--All elections by the people shall be by ballot, or by such other method prescribed by law as shall preserve secrecy in voting.
Paragraph II. Qualifications of electors.--Every citizen of the United States who is eighteen years of age or over, who has been domiciled in the State at least one hundred and eighty days, and in the county or municipality at least ninety days, next preceding the election in which he offers to vote, who has registered in accordance with the requirements of law, and who possesses such other quali fications as the General Assembly may prescribe by law, is an elector entitled to vote in all elections by the people. A person who is otherwise qualified to vote under this Paragraph and who has been domiciled in the State at least thirty days, but less than one hundred and eighty days, prior to the date of a presidential election may be permitted by law to vote for presidential and vice presi dential electors in such election if he is not eligible to vote for there elsewhere. No person, who is mentally incompetent, or who has been convicted of a crime connected with the exercise of the right of suffrage or of a felony under the laws of any State of the United States, unless restored to civil rights, is entitled to register or vote.
Paragraph III. Privilege of electors from arrest.--An elector shall be privileged from arrest while going to, attending and re turning from elections, except in case of felony or breach of the peace.
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thrids 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 different residence requirements for persons to be eligible to vote in national, State, county and munici pal elections, and to
NO ( ) provide for secrecy in voting?"
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".
1222
JOURNAL OF THE HOUSE,
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the 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:
These voting in the affirmative were Messrs.
Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Carley Carnes Carr Gates Clarke, H. G. Clark, J. T. Cox Crowe Dailey Daugherty
Davis DeLong Dillon Dixon Drew Duncan Egan Elliott Etheridge Evensen Fleming Fulford Funk Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Hawkins Higginbotham Holder Hood Houston Howard
Howell Hutchinson Johnson, A. S. Dr. Johnson, B. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Knight Lambros Lea, F. R. Lee, W. J. (Bill) Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, D. R. McClatchey McCracken Merritt Minge Mitchell Moore, J. H. Newton, A. S.
Newton, D. L. Oglesby Overby Pafford Palmer Parker Phillips Powers Reid
Richardson Rush Russell Sherman Sims Simkins
TUESDAY, FEBRUARY 8, 1966
1223
Smith, V. T. Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Stovall Sweat Thomas Thompson, A. W. Townsend Tucker
Tye Vaughan, D. N. Vaughn, C. R. Walling ' Watkins Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Abney Brantley Caldwell Collins, J. F. Collins, M. Dickinson
Dollar Herndon Lee, W. S. McDaniell Mixon Moore, Don C.
Those not voting were Messrs.:
Blair Bowen Busbee Chandler Colwell Conger Conner Cook Dean Dorminy Doster Farrar Floyd Gaissert Hale Harris, R. W. Harrison Henderson
Hill Hull Irvin Jones, C. M. Jordan, Ben C. Lambert Land, A. T. Sr. Lane, W. J. Leonard Matthews, C. Mauldin Melton NeSmith, J. D. Otwell Paris Parrish Peterson Pickard
Murphy Nessmith Odom Reaves Smith, G. L. II Taylor
Rainey Roach Rowland Savage Shields Smith, A. B. Smith, J. R. Spikes Story Sullivan Thompson, R. Underwood Ware Watson Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 133, nays 18.
The Resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.
1224
JOURNAL OF THE HOUSE,
Mr. Palmer of the 117th served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite two-thirds constitutional majority to the above captioned HR 166-371.
Mr. Blair of the 68th stated that the voting machine failed to record his vote, and that he wished to be recorded as voting "aye" on HR-166-371.
HB 479. By Mr. Nessmith of the 64th:
A Bill to be entitled an Act to repeal an Act creating an "Agricultural Commodities Authority", as amended; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Barber Bean Bedgood Bennett Black Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C.
Brown, M. P. Bryant Byrd Carnes Carr Gates
Clarke, H. G. Clark, J. T. Coiling, J. F. Conger Cox Crowe
Dailey Dickinson Dillon Dollar Doster Drew Duncan Egan Etheridge Evensen Parrar Fulford Funk Gaissert Gaynor Gignilliat
Grahl Hadaway Hamilton Harrington Harris, J. F. Harris, J. R.
Harrison Hawkins Henderson Herndon Higginbotham Holder
Hood Howard Howell Hutchinson Irvin Johnson, A. S. Dr. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambros Lane, W. J. Lea, F. R. Lee, W. J. (Bill) Lee, W. S.
Lewis Longino Lovell Lovett Lowrey Malone
Marshall Matthews, C. Matthews, D. R. McClatchey McCracken Merritt
Minge Mitchell Mixon Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Palmer Parris Parker Parrish Phillips Powers
TUESDAY, FEBRUARY 8, 1966
1225
Rainey Reid Richardson Rush Russell
Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Spikes Spillers Starnes Steis
Stewart Stovall Sweat Taylor Thomas Thompson, A. W. Tucker Tye Vaughan, D. N. Vaughn, C. R. Watkins Webb Wells Westlake Wiggins Williams, W. M. Wilson, J. M. Wood
Those not voting were Messrs.:
Alien Bagby Barfield Berry Bo wen Busbee Caldwell Carley Chandler Collins, M. Colwell Conner Cook Daugherty Davis Dean DeLong Dixon Dorminy Elliott Fleming Floyd
Gary Grier Hale Harrell Harris, R. W. Hill Houston Hull Johnson, B. Jones, C. M. Jones, M. Knight
Lambert Lane Leonard Levitas Maddox Mauldin McDaniell Melton Moore, J. H. NeSmith, J. D.
Otwell Peterson Pickard Reaves Roach Ross Rowland Smith, A. B. Smith, J. R. Snow Stalnaker Story Sullivan Thompson, R. Townsend Underwood Walling Ware Watson Williams, W. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 344. By Messrs. Harris and Levitas of the 118th:
A Bill to be entitled an Act to provide that any person who steals an article representing a trade secret or copies an article representing a
1226
JOURNAL OF THE HOUSE,
trade secret with intent to deprive the owner thereof, the control of such trade secrets shall be guilty of a crime; to provide 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:
These voting in the affirmative were Messrs.:
Abney Adams Alexander Bagby Barber Barfield Bean Bennett Berry Black Blair Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Carley Games Carr Chandler Clark, J. T. Collins, J. P. Collins, M. Conger Cook Cox Crowe Dailey Daugherty Da vis DeLong Dillon Dixon
Dollar
Drew Duncan Egan Etheridge Evensen Floyd Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Higginbotham Holder Hood Howard Howell Hutchinson Irvin Johnson, A. S. Dr. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambros Land
Lane Lea, F. R. Lee, W. J. (Bill) Lewis Lovell Lovett Lowrey Maddox Malone Marshall Matthews, D. R. McClatchey McCracken Melton Merritt Minge Mixon Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Palmer Paris Parrish Phillips Powers Rainey Reaves Reid Richardson Roach Ross Russell Savage
Sherman Shields Simkins Smith, A. B. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker
TUESDAY, FEBRUARY 8, 1966
1227
Starnes Steis Stewart Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend
Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Webb Wells Wiggins Williams, G. J. Williams, W. M. Wood
Those not voting were Messrs.:
Alien Anderson Bedgood Busbee Caldwell Gates Clarke, H. G. Colwell Conner Dean Dickinson Dorminy Doster Elliott Farrar Fleming Gary Hale
Harris, R. W. Henderson Hill Houston Hull Johnson, B. Jones, C. M. Lambros Lee, W. S. Leonard Levitas Longino Matthews, C. Mauldin McDaniell Mitchell Moore, J. H. NeSmith, J. D.
Otwell Parker Peterson Pickard Rowland Rush Sims Smith, G. L. II Smith, J. R. Story Underwood Ware Watkins Watson Westlake Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Levitas of the 118th stated that he had been called from the floor of the House to confer with constituents when the roll call was ordered on the above captioned HB 344, but had been present, would have voted "aye".
HB 169. By Messrs. Pickard of the 112th, Farrar of the 118th, Barber of the 24th and Story of the 22nd:
A Bill to be entitled an Act to amend an Act establishing the Teachers Retirement System, as amended, so as to provide for an additional member of the Board of Trustees of the System; and for other purposes.
1228
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:
These voting in the affirmative were Messrs.:
Abney Adams Alexander Barfield Bean Bedgood Bennett Berry Black Blalock Bo wen Brantley Brinkley Brown, B. D. Brown, C. Bryant Byrd Caldwell Carley Carnes Gates Clarke, H. G. Clark, J. T. Collins, M. Colwell Conger Cook Cox Crowe Dailey Daugherty Davis DeLong Dillon Dixon Dollar Doster Drew Duncan Etheridge
Evensen Fleming Floyd Fulford Funk
Gaissert Gary Gaynor Gignilliat Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Hill Holder Hood Howard Howell Hutchinson Irvin Johnson, A. S. Dr. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Knight Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lowrey Maddox Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell
Melton Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Phillips Pickard Powers Rainey Reaves Reid Richardson Ross Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis
TUESDAY, FEBRUARY 8, 1966
1229
Stovall Sullivan Sweat Taylor Thomas Thompson, A. W.
Thompson, R. Townsend
Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling
Ware Watkins
Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Anderson Bagby Barber Blair Brackin Brown, M. P. Busbee Carr Chandler Collins, J. F. Conner Dean Dickinson Dorminy Egan
Elliott Farrar Grahl Harris, R. W. Henderson Higginbotham Houston Hull Johnson, B. Jordan, W. H. Lambert Land Leonard Levitas Lovell
Lovett Malone Marshall Merritt Mitchell Peterson Roach Smith, J. R. Stalnaker Stewart Story Watson Westlake Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Farrar of the 118th stated that he had been called from the floor of the House when the vote was taken on HB 169, but had he been present would have voted "aye".
Mr. Barber of the 24th stated that he had been called from the House to confer with constituents when the roll call was ordered on HB 169, but had he been present would have voted "aye".
HB 242. By Messrs. Lane of the 64th, Parker of the 55th, Overby of the 16th, Smith of the 3rd and others.
A Bill to be entitled an Act to create and establish the office of Senior Superior Court Reporter; and for other purposes.
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JOURNAL OF THE HOUSE,
The following Committee Amendment was read and adopted:
Special Judiciary moves to amend HB 242 as follows:
Section 10A and Section 10B strike these words "not to exceed 350.00, and not less than 150.00 per annum" and insert
"not less than 350.00 per annum."
An amendment offered by Mr. Simkins of the 106th was read and lost.
The following amendments were read and adopted:
Mr. Bagby of the 21st moves to amend HB 242 by adding at the end of Section 14 a new subsection to be numbered subsection D to read as follows:
"(D) That any person qualifying under Chapter 24-31A as a Court Reporter Emeritus, and who has served as a Court Report er not less than 40 years, shall be eligible to comply with this Act and qualifying hereunder.
Mr. Tucker of the 36th moves to amend HB 242 by deleting Section 12 and the sub-sections therein and renumbering the remainder of the Bill.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
These voting in the affirmative were Messrs.:
Abney Alien Anderson Bagby Barber Bean Bedgood Black Brackin Brantley Brinkley Brown, C.
Brown, M. P. Byrd Caldwell Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Cox Crowe Dailey
Daugherty Dean Dickinson Dixon Doster Duncan Evensen Farrar Floyd Fulford Funk Gaissert
TUESDAY, FEBRUARY 8, 1966
1231
Grahl Hadaway Hamilton Harrell Harrington Harris, J. P. Harrison Hawking Henderson Herndon Hill Holder Hood Houston Howard Howell Hutchinson Johnson, A. S. Dr. Jones, C. M. Jordan, W. H. Knapp Knight Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Maddox Malone Matthews, C.
Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford Palmer Paris Parker Parrish Phillips
Rainey Reaves Reid Roach Ross Rowland Rush Russell
Savage Shields Smith, G. L. II Smith, V. T. Snellings Snow Spikes
Spillers Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Vaughan, D. N. Vaughn, C. R. Ware Watkins Watson Wells Westlake Wiggins Williams, G. J. Williams, W. M.
Wilson, J. M. Wood
Those voting in the negative were Messrs.:
Adams Bryant Carley Carnes Cook Dillon Dollar Drew Egan Etheridge Fleming
Gary Gaynor Gignilliat Grier Harris, J. R. Jones, G. Paul Jones, M. Jordan, Ben C. Levitas Lovett McClatchey
Oglesby Powers Richardson Sherman Sims Simkins Smith, W. L. Townsend Walling Wilson, R. W.
Those not voting were Messrs.:
Alexander Barfield Bennett Berry
Blair Blalock Bo wen Brown, B. D.
Busbee Carr Gates Chandler
1232
Conner Davis DeLong Dorminy Elliott Hale Harris, R. W. Higginbotham Hull Irvin
JOURNAL OF THE HOUSE,
Johnson, B. Kiley Lambert Lambros Land Leonard Lowrey Marshall Moore, J. H. Peterson
Pickard Smith, A. B. Smith, J. R. Stalnaker Sullivan Underwood Webb Mr. Speaker
On the passage of the Bill, as amended, the ayes were 132, nays 32.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Lambert of the 38th stated that he had been called from the floor of the House when the vote was taken on HB 242, as amended, but had he been present would have voted "aye".
Mr. Blair of the 68th stated that he had been called from the floor of the House when the vote was taken on HB 242, as amended, but had he been present would have voted "aye".
HB 306. By Messrs. Sherman of the 105th, Fleming of the 106th, Clarke of the 45th, Knapp of the 109th and Lee of the 79th:
A Bill to be entitled an Act to regulate the sale of admission tickets to athletic contests under certain conditions; and for other purposes.
The following amendment was read and adopted:
"Mr. Egan of the 141st moves to amend HB 306 by inserting the word 'opera', before the word 'football' wherever that word appears."
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.:
Adams Alexander Alien Anderson
Barber Bean Bedgood Blair
Brackin Brinkley Brown, B. D. Brown, M. P.
Bryant
Busbee Byrd Carley Carnes Colwell Conger Cox Crowe Daugherty Dean DeLong Dillon Dixon Dollar Drew Duncan Egan Etheridge Evensen Farrar Fleming Floyd Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Hill Holder
TUESDAY, FEBRUARY 8, 1966
1233
Hood Houston Howell Hull Hutchinson Irvin
Jordan, W. H. Kiley Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Maddox Malone Matthews, C. McClatchey McCracken McDaniell Melton Mitchell Mixon Moore, Don C. NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Phillips
Powers Rainey Reaves Reid Richardson Ross Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Spikes Starnes Stewart Story Stovall Sweat Taylor Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughn, C. R. Walling Ware Watson Webb Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Collins, J. F. Jones, M.
Knapp Minge
Murphy Spillers
Those not voting were Messrs.:
Abney Bagby Barfield Bennett
Berry Black Blalock Bowen
Brantley Brown, C. Caldwell Carr
1234
Gates Chandler Clarke, H. G. Clark, J. T. Collins, M. Conner Cook Dailey Davis Dickinson Dorminy Doster Blliott Fulford Hale Hamilton Harris, R. W. Higginbotham
JOURNAL OF THE HOUSE,
Howard Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Knight Land Leonard Lowrey Marshall Matthews, D. R. Mauldin Merritt Moore, J. H. Nessmith, P. Newton, D. L. Peterson
Pickard Roach Smith, A. B. Smith, J. R. Snow Stalnaker Steis Sullivan Thomas Underwood Vaughan, D. N, Watkins Wells Westlake Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 134, nays 6.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Palmer of the 117th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock tomorrow morning.
WEDNESDAY, FEBRUARY 9, 1966
1235
Representative Hall, Atlanta, Georgia Wednesday, February 9, 1966.
The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker Pro Tern.
Prayer was offered by Dr. J. Douglas -Gibson, Pastor First Methodist Church, Lawrenceville, Georgia.
By unanimous consent the call of the roll wag dispensed with.
Mr. Black of the 56th, 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.
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, Febru ary 9, 1966, and submits the following:
HB 30. Sentence imposed, jury trial HB 33. County officers, Grand Jury indictment
1236
JOURNAL OF THE HOUSE,
HB 110. County Surveyor, qualifications (Reconsidered) HB 157. Banks, trust companies, savings and loans; taxed alike HB 167. Juror, serve other courts HB 170. Board of barbers, membership HB 193. Commercial Feed Stuff, inspection fee HB 206. Insurance, capital required HB 283. Candidate, declared party nominee HB 290. Judge Emeritus, serve any circuit HB 292. Education, funds, local units *HB 296. Lookout Mountain Circuit, Additional Judge HB 302. Motor Fuel Tax, fuel and kerosene HB 303. Tax Exempt, machinery HB 321. Board of Public Health, amend HB 324. Structural pest control, amend HB 337. Banks, taxation of shares HB 346. Income Tax, personal exemptions HB 423. Intangible property tax, long-term note HB 439. Years Support, Notify Tax Commissioner HB 443. Municipal Association, Social Security HB 551. Family Planning Services HB 468. County Digest, Revenue Commissioner Examine HB 509. Water Resources and Planning Act HB 572. Solicitors General, Salaries HR 34-48. Board of Education, Election
*(To consider unfavorable Committee report)
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of 79th
Vice-Chairman.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
WEDNESDAY, FEBRUARY 9, 1966
1237
HB 658. By Mr. Stovall of the 17th:
A Bill to be entitled an Act to amend an Act creating a board of commissioners of roads and revenues for Banks County, so as to provide that all purchases of supplies and materials for county purposes shall be purchased through a purchasing agent; and for other purposes.
Referred to the Committee on Local Affairs.
HR 288-658. By Mr. Johnson of the 25th:
A Resolution proposing an amendment to the Constitution so as to authorize Elbert County to establish and maintain a program of recre ation for the citizens of Elbert County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 289-658. By Mr. Leonard of the 3rd:
A Resolution proposing an amendment to the Constitution so as to create the Murray County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 659. By Mr. Moore of the 20th:
A Bill to be entitled an Act declaring teaching a profession with all the rights, responsibilities and privileges accorded other legally recog nized professions; and for other purposes.
Referred to the Committee on Education.
HB 660. By Mr. Blair and Mrs. Merritt of the 68th:
A Bill to be entitled an Act to amend an Act creating the City Court of Americus, so as to increase the compensation of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 661. By Mr. Blair and Mrs. Merritt of the 68th:
A Bill to be entitled an Act to amend an Act creating a system of retire ment for employees of the City of Americus, so as to change the maxi mum monthly retirement benefit; and for other purposes.
Referred to the Committee on Local Affairs.
HB 662. By Mr. Blair and Mrs. Merritt of the 68th:
A Bill to be entitled an Act to amend an Act consolidating the several Acts granting corporate authority to the City of Americus, so as to
1238
JOURNAL OF THE HOUSE,
authorize the Mayor and City Council of Americus to tax all places of business within said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 663. By Mr. Blair and Mrs. Merritt of the 68th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Sumter County upon an annual salary, so as to increase the compensa tion of the ordinary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 665. By Messrs. Fleming and Simkins of the 106th, Snellings of the 104th, Sherman and DeLong of the 105th:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, so as to provide that the effective date on which one or more of the territories described in said charter amendment, shall become a part of the City of Augusta shall be on January 1 of the year following the year in which the said charter amendment of 1953 is ratified by a majority of the voters; and for other purposes.
Referred to the Committee on Local Affairs.
HB 666. By Messrs. Lewis and Newton of the 50th:
A Bill to be entitled an Act to amend an Act incorporating the Baptist Church at Buckhead in the County of Burke, so as to vest legal title of the Baptist Church at Buck Head in Burke County, in the Hepzibah Baptist Association; and for other purposes.
Referred to the Committee on Judiciary.
HB 667. By Mr. Black of the 56th:
A Bill to be entitled an Act to fix the compensation of the county treasurer of all counties having a certain population; and for other purposes.
Referred to the Committee on Local Affairs.
HB 668. By Mr. Russell of the 92nd:
A Bill to be entitled an Act to amend an Act creating fire protection districts in Thomas County, so as to include certain additional land lots within the boundaries of fire district No. 2; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, FEBRUARY 9, 1966
1239
HB 669. By Mr. Rush of the 75th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Reidsville, so as to change the method of compensating the solicitor of said court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 670. By Mr. Rush of the 75th:
A Bill to be entitled an Act to abolish the present mode of compensating the clerk of the superior court of Tattnall County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 671. By Mrs. Merritt of the 68th, and Mrs. Hamilton of the 137th:
A Bill to be entitled an Act to amend an Act creating the Georgia Art Commission, so as to expand the scope of the Georgia Art Commission to include performing arts; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 672. By Messrs. Henderson and Wilson of the 102nd, Jordan of the 103rd, Howard of the 101st:
A Bill to be entitled an Act to amend an Act providing for the districting of Cobb County into fire prevention districts, so as to provide for the creation of a board of fire commissioners of each fire prevention dis trict in Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 673. By Messrs. Farrar, Harris, Levitas and Walling of the 118th, Vaughn and Carley of the 117th:
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 674. By Messrs. Snow and Abney of the 1st, and Mitchell of the 3rd:
A Bill to be entitled an Act to amend an Act defining certain agricul tural terms, so as to include in said definition container grown products; and for other purposes.
Referred to the Committee on Agriculture.
1240
JOURNAL OF THE HOUSE,
HB 675. By Messrs. Lane and Nessmith of the 64th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Statesboro, so as to change the terms of the mayor and councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 676. By Mr. Dailey of the 66th:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the sheriff of Randolph County, known as the fee system, so as to change the compensation of the deputy sheriff of Randolph County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 677. By Messrs. Steis of the 100th and Minge of the 13th:
A Bill to be entitled an Act to amend an Act reorganizing the State Department of Law, so as to provide for the reimbursement of the Attorney General for expense incurred in the performance of his duties; and for other purposes.
Referred to the Committee on Judiciary.
HB 678. By Mr. Herndon of the 74th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues in Appling County, so as to provide that the members of said Board shall be elected from their respective commissioner district rather than by the voters of the entire county; and for other purposes.
Referred to the Committee on Local Affairs.
HB 679. By Mr. Herndon of the 74th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Baxley, so as to provide that the limitation on the power of the City of Baxley to levy and collect taxes shall not affect the levy and collection of taxes to pay bonded indebtedness incurred under the provisions of the Constitution and evidenced by bonds vali dated prior to the effective date; and for other purposes.
Referred to the Committee on Local Affairs.
HR 290-679. By Mr. Herndon of the 74th:
A Resolution proposing an amendment to the Constitution so as to create the Appling County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, FEBRUARY 9, 1966
1241
HR 291-679. By Mr. Roach of the 15th:
A Resolution proposing an amendment to the Constitution so as to create the Cherokee County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HR 292-679. By Mr. Underwood of the 61st:
A Resolution proposing an amendment to the Constitution so as to exempt from all ad valorem taxes, except for school purposes, all property and improvement thereon, which property is held under lease from the State or any instrumentality thereof and which is located on an island owned by the State and under the jurisdiction of an Authority created by the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means.
HR 293-679. By Messrs. Malone, Carley, Vaughn and Palmer of the 117th, Evensen, Westlake, Higginbotham and Bean of the 119th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the governing authority of DeKalb County shall reimburse the municipalities located wholly within DeKalb County for 30% of the cost of maintaining the police forces of such municipalities; and for other purposes.
Referred to the Committee on Local Affairs.
HR 294-679. By Mr. Hill of the 121st:
A Resolution proposing an amendment to the Constitution so as to pro vide that no bill other than a bill raising revenue or appropriating money shall be passed by either House of the General Assembly in the calendar year in which it is introduced; and for other purposes.
Referred to the Committee on State of Republic.
HB 680. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Portal, so as to change the date of municipal elections; and for other purposes.
Referred to the Committee on Local Affairs.
HB 681. By Messrs. Wilson of the 109th and Bagby of the 21st:
A Bill to be entitled an Act to provide for the maximum hours of work allowable for certain full time paid firemen; and for other purposes.
Referred to the Committee on Industrial Relations.
1242
JOURNAL OF THE HOUSE,
HB 682. By Mr. Westlake of the 119th:
A Bill to be entitled an Act to amend Code Chapter 81-2, relating to process and service thereof, so as to provide that a court may exercise personal jurisdiction over any non-domiciliary of the State; and for other purposes.
Eeferred to the Committee on Judiciary.
HE 295-682. By Mr. Smith of the 44th:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the Board of Education of Pike County and to provide for the appointment of the county school superintendent of Pike County by the board of education thereof; and for other purposes.
Referred to the Committee on Judiciary.
HB 683. By Messrs. Snow of the 1st, Harris of the 85th and Tucker of the 36th:
A Bill to be entitled an Act to amend Code Section 26-5103, relating to carrying pistols without a license, so as to provide that said Section shall not apply to employees of a common carrier licensed by the Geor gia Public Service Commission or the Interstate Commerce Commission while in discharge of their official duties; and for other purposes.
Referred to the Committee on Judiciary.
HB 684. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act providing that the County of Muscogee shall supplement the salary of the Judges of the Superior Court of the Chattahoochee Judicial Circuit, so as to change the amount of said supplement; and for other purposes.
Referred to the Committee on Local Affairs.
HB 685. By Mr. Conner of the 91st:
A Bill to be entitled an Act to abolish the present mode of compensat ing the tax commissioner of Jeff Davis County, known as the fee sys tem; and for other purposes.
Referred to the Committee on Local Affairs.
HB 686. By Mr. Conner of the 91st:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Jeff Davis County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, FEBRUARY 9, 1966
1243
HB 687. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A Bill to be entitled an Act incorporating the City of Powder Springs, so as to change the qualifications of voters; and for other purposes.
Referred to the Committee on Local Affairs.
HB 688. By Messrs. Melton and Gaissert of the 34th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Spalding County, so as to fix the salary of the Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 689. By Messrs. Gaissert and Melton of the 34th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation of certain county officers, so as to fix the salary of the Clerk of the Superior Court of Spalding County; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 690. By Messrs. Gaissert and Melton of the 34th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation of the Coroner of Spalding County, so as to fix the compensation of the Coroner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 692. By Messrs. Newton and Matthews of the 94th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Moultrie, so as to extend the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 693. By Messrs. Chandler and Harrington of the 47th:
A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966, and the fiscal year ending June 30, 1967, in addition to any other appropria tions heretofore or hereafter made for the operating of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.
Referred to the Committee on State of Republic.
1244
JOURNAL OP THE HOUSE,
HB 694. By Messrs. Malone, Carley and Vaughn of the 117th, Bean, Evensen, Westlake and Higginbotham of the 119th, Walling, Harris and Levitas of the 118th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for DeKalb County, so as to increase compensation of the chairman and members of said board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 695. By Mr. Williams of the 16th:
A Bill to be entitled an Act to provide that any landowner whose prop erty has been damaged by the livestock of another shall have the right to impound such livestock and to hold the livestock until the owner thereof makes restitution to the landowner; and for other purposes.
Referred to the Committee on Agriculture.
HB 696. By Messrs. Story and Watson of the 22nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lawrenceville, by adding additional territories to be included in the city limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 697. By Messrs. Story and Watson of the 22nd:
A Bill to be entitled an Act to amend an Act of the General Assembly creating a new charter for the City of Lawrenceville, so as to authorize the mayor and council to enact an ordinance prohibiting the operation of public billiard rooms and public pool rooms in said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 698. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to create the Floyd School District by merg ing the independent school system of the City of Rome and the county school system of Floyd County; and for other purposes.
Referred to the Committee on Judiciary.
HR 297-698. By Messrs. Cook of the 123rd, Lambros of the 130th, Egan of the 141st, Carnes of the 129th, Adams of the 125th and others:
A Resolution to establish a Metropolitan Area Water Quality Control Commission to study the desirability and feasibility of consolidating the efforts and management of the several Water Pollution Control Opera tions in the area; and for other purposes.
Referred to the Committee on Natural Resources.
WEDNESDAY, FEBRUARY 9, 1966
1245
HR 298-698. By Mr. Harris of the 118th:
A Resolution to be entitled an Act to amend a Resolution proposing an amendment to Article VII, Section IV, of the Constitution changing the provisions relating to the powers of County governments, adopted at the 1965 Regular Session of the General Assembly, so as to provide that the powers and authority granted by said amendment shall be cumulative of the existing powers and authority granted counties and for other purposes.
Referred to the Committee on Judiciary.
HR 299-698. By Mr. Harris of the 118th:
A Resolution to be entitled an Act to amend a Resolution proposing an amendment to Article XV of the Constitution providing home rule for counties, adopted at the 1965 Regular Session of the General Assembly, so as to provide that the powers granted by said amendment shall be cumulative of all powers heretofore granted to counties; 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 580. By Mr. Dickinson of the 27th:
A Bill to be entitled an Act to create within Douglas County a board to administer programs of retirement and/or employment for the employees of Douglas County; and for other purposes.
HB 581. By Mr. Dickinson of the 27th:
A Bill to be entitled an Act to create a development authority for the City of Douglasville and Douglas County; and for other purposes.
HB 582. By Mr. Dickinson of the 27th:
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, so as to change the compensation of the clerk of the superior court; and for other purposes.
HB 583. By Mr. Clark of the 2nd:
A Bill to be entitled an Act to amend an Act relating to changing the compensation of the ordinary and the superior court of Catoosa County,
1246
JOURNAL OF THE HOUSE,
so as to increase the allowance of clerical help for the clerk of the superior court and the ordinary; and for other purposes.
HB 584. By Mr. Clark of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the clerical assistance allowance of the tax commissioner; and for other purposes.
HB 585. By Mr. Clark of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of com missioner of roads and revenue of Catoosa County, so as to increase the compensation of the clerical assistant to the commissioner; and for other purposes.
HB 586. By Mr. Smith of the 44th:
A Bill to be entitled an Act to amend an Act prescribing the time for holding the Superior Court of Lamar County, so as to change the time for holding said Court; and for other purposes.
HB 587. By Mr. Smith of the 44th:
A Bill to be entitled an Act to amend an Act to establish a new charter for the Town of Milner, Lamar County, so as to change the term of the offices of the Mayor and Councilmen; and for other purposes.
HB 588. By Mr. Harris of the 85th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenue for Glynn County, so as to au thorize said Commissioners to license and regulate business in un incorporated areas of Glynn County; and for other purposes.
HB 589. By Mr. Johnson of the 40th:
A Bill to be entitled an Act to amend an Act placing the county officers of McDuffie County upon an annual salary, so as to increase the expense allowance authorized for the sheriff for the purpose of hiring deputies; and for other purposes.
HB 590. By Mr. Conner of the 91st:
A Bill to be entitled an Act to amend Code Section 56-1310, relating to the power of municipal corporations to collect license fees on life insurance companies, so as to provide that an additional annual license fee may be charged for each separate business location within the same municipality operated by a business organization engaged in lending money; and for other purposes.
WEDNESDAY, FEBRUARY 9, 1986
1247
HB 591. By Mr. Rainey of the 69th:
A Bill to be entitled an Act to amend an Act promoting the safety, convenience and enjoyment of public travel and the free flow of intrastate and inter-state commerce, and controlling the erection and maintenance of outdoor advertising on the systems, so as to change a certain effective date; and for other purposes.
HB 592. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Perry, so as to increase the maximum compensation authorized for councilman; and for other purposes.
HB 593. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to abolish the present mode of compensating the coroner of Houston County, known as the fee system; and for other purposes.
HB 594. By Mr. Brackin of the 87th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenue for Miller County, so as to change the provisions relating to the compensation of the members of the Board other than the Chairman; and for other purposes.
HB 595. By Messrs. Simkins of the 106th, Sherman and DeLong of the 105th:
A Bill to be entitled an Act to amend an Act relating to the establish ment of the Charter of the City of Augusta, so as to provide that the person elected as mayor shall receive a majority of the votes cast, and each person elected as a member of the Council shall receive a majority of the votes cast for the office for which he offers as a candidate; and for other purposes.
HB 596. By Messrs. Blalock and Davis of the 33rd:
A Bill to be entitled an Act to amend an Act establishing the City Court of Newnan, so as to change the name of said Court to the Civil and Criminal Court of Coweta County; and for other purposes.
HR 273-596. By Messrs. Lane and Nessmith of the 64th:
A Resolution proposing an amendment to the Constitution so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Statesboro and Bulloch County Develop ment Authority; and for other purposes.
1248
JOURNAL OF THE HOUSE,
HR 274-596. By Messrs. Blaloek and Davis of the 33rd:
A Resolution proposing an amendment to the Constitution so as to create the Coweta County Development Authority; and for other purposes.
HB 597. By Messrs. McClatchey of the 138th, Townsend of the 140th, Lea of the 126th, Carnes of the 129th, Lambros of the 130th and others:
A Bill to be entitled an Act to amend an Act providing for pensions for members of the Police Department in cities having a population of 150,000 or more, so as to provide that fractional parts of years shall be counted in determining the number of years of service with respect to partial pensions, pensions for total and permanent disability; and for other purposes.
HB 598. By Messrs. McClatchey of the 138th, Townsend of the 140th, Lea of the 126th, Carnes of the 129th, Lambros of the 130th 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, so as to provide that fractional parts of years shall be counted in determing the number of years of service with respect to partial pensions, pensions for total and permanent disability; and for other purposes.
HB 599. By Mr. Alien of the 93rd:
A Bill to be entitled an Act to amend an Act placing the tax commission er of Tift County upon an annual salary, so as to allow for the disposition of certain fees and commissions of the tax commissioner earned prior to the effective date of said Act; and for other purposes.
HB 600. By Mr. Alien of the 93rd:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Tift County upon an annual salary, so as to allow for the disposition of certain fees and commissions of the clerk of the superior court earned prior to the effective date of said Act; and for other purposes.
HB 601. By Messrs. Westlake, Evensen, Higginbotham and Bean of the 119th:
A Bill to be entitled an Act to amend Code Chapter 105-6, relating to physical injuries, so as to provide for immunity from civil liability for any person who shall in good faith render assistance to any law enforce ment office who is being hindered or whose life is being endangered by the conduct of any other person; and for other purposes.
WEDNESDAY, FEBRUARY 9, 1966
1249
HB 602. By Messrs. Westlake, Evensen and Bean of the 119th:
A Bill to be entitled an Act to amend Code Chapter 27-2, relating to arrests, so as to provide for immunity from criminal liability for any person who shall in good faith render assistance to any law enforcement officer who is being hindered or whose life is being endangered by the conduct of any other person or persons; and for other purposes.
HR 280-602. By Messrs. Mitchell and Smith of the 3rd, Egan of the 141st and Etheridge of the 123rd:
A Resolution creating a "General Tax Study Commission"; and for other purposes.
HR 281-602. By Messrs. Collins of the 62nd and Underwood of the 61st:
A Resolution proposing an amendment to the Constitution so as to authorize the Vidalia Development Authority to extend its activities into Montgomery County and to provide the procedure connected there with; and for other purposes.
HB 603. By Messrs. Farrar, Levitas, Walling and Harris of the 118th, Palmer, Carley, Malone and Vaughn of the 117th and others:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of Assistant Solicitors General of the Stone Mountain Judicial Circuit, so as to provide for the appointment of Assistants to the Solicitor General of the Stone Mountain Judicial Circuit; and for other purposes.
HB 604. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ashburn, so as to number the positions on the council for election purposes; and for other purposes.
HB 605. By Mr. Mixon of the 81st:
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 Irwin, so as to change the salary of the clerk; and for other purposes.
HB 606. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Irwin County, known as the lee system; and for other purposes.
1250
JOURNAL OF THE HOUSE,
HB 607. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ashburn, so as to extend the present corporate limits of said city to include certain additional territory to be north and east in the County of Turner contiguous and adjacent to existing boundaries of said City; and for other purposes.
HR 282-607. By Mr. Jones of the 112th:
A Resolution proposing an amendment to the Constitution so as to authorize any agency, board, department or other unit of the State government which may be the recipient of Federal funds to administer such funds, pursuant to the terms of the grant of such funds; and for other purposes.
HB 608. By Messrs. Rowland and Carr of the 48th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Wrig-htsville, so as to provide an annual salary in lieu of the fee system of compensation for the solicitor of said court; and for other purposes.
HB 609. By Messrs. Carr and Rowland of the 48th:
A Bill to be entitled an Act to amend an Act creating the City Court of Washington County, so as to change the salaries of the judge and the solicitor of said court; and for other purposes.
HB 610. By Mr. McCracken of the 49th:
A Bill to be entitled an Act to amend the charter of the City of Wadley, relating to the election of Mayor and Councilmen; and for other purposes.
HB 611. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Butts County, so as to change the compensation of the Commissioners; and for other purposes.
HB 612. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend an Act changing the compensation of the Ordinary of Butts County from the fee system to the salary system, so as to change the allowance provided for said Ordinary for clerical assistance; and for other purposes.
WEDNESDAY, FEBRUARY 9, 1966
1251
HB 613. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend an Act changing the compensation of the Sheriff of Butts County from the fee system to the salary system, so as to change the compensation of the sheriff; and for other purposes.
HB 614. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend an Act changing the compensation of the Tax Collector of Butts County from the fee system to a system whereby such Tax Collector shall be entitled to certain commissions and a salary, so as to change the amount provided for Tax Collector for clerical assistance; and for other purposes.
HB 615. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Jackson, so as to provide for the annexation of certain additional territory into the corporate limits of the City of Jackson, to designate such additional annexed territories as the 5th Ward; and for other purposes.
KB 616. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to repeal an Act incorporating the Town of Pepperton in Butts County; and for other purposes.
HB 617. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th, Levitas, Waging, Harris and Farrar of the 118th and others:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Stone Mountain Judicial Circuit, so as to increase Lhe compensation of the official court reporter; and for other purposes.
HB 618. By Messrs. Drew ^f the 116th, Kiley and Tye of the 115th, Gaynor and Smith of the 114th,^igniHiat and Powers of the 113th and others:
A Bill to be entitled ati Act to amend Code Section 88-202, relating to the composition of th county boards of health, so as to provide for the manner of appointing ",ertain members of county boards of health in certain counties; and for other purposes.
HB 619. By Mr. Bowen of the 69th:
A Bill to be entitled an Act to provide a salary foi the Coroner of Dooly County in lieu of fees; and for other purposes.
1252
JOURNAL OF THE HOUSE,
HB 620. By Messrs. Busbee, Lee, Odom and Hutchinson of the 79th:
A Bill to be entitled an Act to provide for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority; and for other purposes.
HB 621. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A Bill to be entitled an Act amending the charter of the City of Dalton, by incorporating in said city certain lands and territory located in Land Lot No. 163 in the 12th District and 3rd Section of Whitfield County; and for other purposes.
HB 622. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend Code Chapter 91-8 pertaining to general provisions on inventory and sale of public property . . . ", so as to provide for the private sale, conveyance, transfer or other disposition of county property under certain conditions; and for other purposes.
HB 623. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A Bill to be entitled an Act to authorize the governing authority o^ Whitfield County to provide group insurance policies for their reguUr employees, and for other purposes.
HB 624. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A Bill to be entitled an Act to amend an Act consolidating amending and codifying the various Acts incorporating the City of Jalton, so as to change the maximum fine and punishment which may oe imposed by said court; and for other purposes.
HE 283-624. By Messrs. Smith, Mitchell and Leonard of i& 3rd:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Whitfi-'d County to license and otherwise regulate the hauling, dumping burning and other related matters of materials in said county; and for other purposes.
HE 284-624. By Messrs. Gary, L^e and Harml of the 35th:
A Eesolution pro-"08*11!? an amerdment to the Constitution so as to authorize the pwverning authority of Clayton County to levy a tax not exceeding I/* the miM on a^ f the taxable property in the county, for the purpose f creating a fund to be used in assisting, promoting and encourage the location of industries in Clayton County; and for other purples.
WEDNESDAY, FEBRUARY 9, 1966
1253
HB 625. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A Bill to be entitled an Act to amend an Act incorporating the Town of Austell and reincorporating said town as a city, so as to increase the corporate limits; and for other purposes.
HB 626. By Mr. Howard of the 101st:
A Bill to be entitled an Act to regulate traffic on the streets and high ways; to revise certain laws of this State dealing with traffic and parking of vehicles on the streets and highways; and for other purposes.
HB 627. By Mr. Ross of the 31st:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenue for Lincoln County, so as to change the provisions relating to the Ordinary of Lincoln County serv ing as clerk of the Board of Commissioners; and for other purposes.
HB 628. By Mr. Ross of the 31st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Crawfordville, so to change the time during which the polls shall be open; and for other purposes.
HB 629. By Mr. Ross of the 31st:
A Bill to be entitled an Act to amend an Act to abolish the present mode of compensating the sheriff of Taliaferro County, known as the fee system; and for other purposes.
HB 630. By Mr. Murphy of the 26th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Haralson County into the office of tax commissioner of Haralson County, so as to provide clerical help for the tax commissioner; and for other purposes.
HB 631. By Messrs. Watkins of the 9th, Roach of the 15th, Otwell of the 10th and Duncan of the 4th:
A Bill to be entitled an Act to amend an Act supplementing the salary of the Judge of the Superior Courts of the Blue Ridge Judicial Circuit, so as to increase the amount of compensation paid to said Judge by the counties incorporated in the Blue Ridge Judicial Circuit for the purpose of allowing said Judge to hire clerical personnel; and for other purposes.
1254
JOURNAL OF THE HOUSE,
HR 285-636. By Messrs. Newton and Lewis of the 50th:
A Resolution to authorize the Governor to execute a deed to the United States conveying a certain tract or parcel of land now owned by the State, located in Jenkins County and is now a part of Magnolia Springs State Park, to be used by the United States Department of the Interior, Fish and Wildlife Service, for the purpose of constructing buildings for a fish hatchery; and for other purposes.
HB 637. By Messrs. Etheridge of the 123rd, Lambros of the 130th, Dillon of the 128th, Carnes of the 129th and others:
A Bill to be entitled an Act to provide that in certain counties Judges Emeritus of any Court established in lieu of Justice Courts shall be entitled to office space and adequate secretarial assistance upon the request of such Judges Emeritus; and for other purposes.
HB 638. By Messrs. Hood of the 124th, Brown of the 135th, Adams of the 125th, Carnes of the 129th and others:
A Bill to be entitled an Act to amend Code Title 94, relating to railroads, so as to provide that the Public Service Commission shall designate standard signs and require the use thereof by railroad companies; and for other purposes.
HB 639. By Mr. Thomas of the 77th:
A Bill to be entitled an Act to amend an Act creating the City Court of Jesup, so as to change the terms of court of the city court to Jesup; and for other purposes.
HB 640. By Mr. Thomas of the 77th:
A Bill to be entitled an Act to amend an Act incorporating and creating a new charter for the City of Jesup, in Wayne County, so as to authorize the board of commissioners to fix the salary of the city manager and the city recorder, within a certain salary range; and for other purposes.
HB 641. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Cobb County, so as to provide for an additional judge; and for other purposes.
HB 642. By Mr. Harris of the 118th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Administrative Procedure Act", so as to change the cross-reference referring to Section 14 (d) as the same appears in subsection (b) of Section 18, so that said cross-reference shall refer to Section 14 (a) (4) ; and for other purposes.
WEDNESDAY, FEBRUARY 9, 1966
1255
HB 643. By Mr. Hadaway of the 46th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the County Treasurer of Jasper County; and for other purposes.
HB 644. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act creating the city court of Ployd County, so as to delete therefrom those provisions relating to the compensation of the assistant solicitor of the city court of Floyd County and the secretary to the solicitor; and for other purposes.
HB 645. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act placing the solicitor general of the Rome Judicial Circuit on an annual salary, so as to change the compensation of the assistant solicitor general of the Rome Judicial Circuit and the clerk-typist; and for other purposes.
HB 646. By Mr. Minge of the 13th:
A Bill to be entitled an Act to provide that it shall be a misdemeanor for any person, firm or corporation to publish a political or legal advertisement in any newspaper of this state without affixing their signature thereto; and for other purposes.
HB 647. By Mr. Conner of the 91st:
A Bill to be entitled an Act to amend Code Chapter 56-15, relating to the organization and corporate procedures of domestic stock and mutual insurers, so as to provide that no person shall sell any subscriptions for insurance securities in this State unless the insurer has applied for, received and holds authority to transact insurance in the State of Georgia from the Insurance Commissioner; and for other purposes.
HB 648. By Messrs. Overby, Williams and Wood of the 16th:
A Bill to be entitled an Act to amend an Act amending the charter of the City of Gainesville, so as to make certain changes in the retirement system for the employees of said city; and for other purposes.
HB 649. By Mr. Johnson of the 40th:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Thomson, so as to increase the corporate limits; and for other purposes.
1256
JOURNAL OF THE HOUSE,
HB 650. By Messrs. Fleming and Simkins of the 106th, DeLong and Sherman of the 105th, Hull and Snellings of the 104th:
A Bill to be entitled an Act incorporating the City of Augusta and providing a charter thereof, so as to provide that the City of Augusta shall pay certain law enforcement officers of the city who are required to testify in the recorder's court on their off days; and for other purposes.
HR 286-650. By Mr. Cook of the 123rd, Mrs. Hamilton of the 137th, Messrs. Daugherty of the 134th, Cox of the 127th and others:
A Resolution proposing an amendment to the Constitution so as to allow municipal corporations having a population of more than 300,000 to make repairs to 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 prop erties involved; and for other purposes.
HR 287-650. By Messrs. McCracken of the 49th, Phillips of the 41st, Sherman and DeLong of the 105th, Dollar of the 89th, Richardson of the 116th, Tye and Kiley of the 115th, and Gaynor of the 114th:
A Resolution creating the Rivers and Harbors Development Commission of the State of Georgia; and for other purposes.
HB 651. By Messrs. Steis of the 100th, Floyd of the 7th, Knight of the 60th, Stalnaker of the 59th, Hawkins of the 139th and others:
A Bill to be entitled an Act to amend an Act creating a State Depart ment of Veterans Service and providing for a Board of Veterans Service and a Director, so as to provide that the State Department of Veterans Service and the Veterans Service Board shall be authorized to apply for, accept gifts, grants and other contributions from the Federal Government; and for other purposes.
HB 652. By Mr. DeLong of the 105th:
A Bill to be entitled an Act to provide for service upon firms, persons and corporations soliciting subscriptions to periodicals within the State of Georgia; and for other purposes.
HB 653. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend Code chapter 40-20, relating to automobile and mileage allowances for State officers, officials and employees, so as to provide an allowance for said State employees, when traveling other than as a fare-paying passenger in service of the State thereof by private airplane; and for other purposes.
WEDNESDAY, FEBRUARY 9, 1966
1257
HB 654. By Messrs. Dixon and Sweat of the 83rd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Waycross, so as to provide that the city clerk shall be appointed by the city manager with the approval of the commission; and for other purposes.
HB 655. By Messrs. Dixon and Sweat of the 83rd:
A Bill to be entitled an Act to repeal an Act amending the Charter of the City of Waycross, so as to provide for park and tree and zoning commission in lieu of the present park and tree commission; and for other purposes.
HB 656. By Messrs. Dixon and Sweat of the 83rd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Waycross, so as to change the date on which municipal elections are held; and for other purposes.
HB 657. By Mr. Barber of the 24th, Wiggins of the 32nd, Floyd of the 7th, Moore of the 20th, Leonard of the 3rd and others:
A Bill to be entitled an Act to provide for equal pay for both males and females for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility; to provide for a declaration of policy; and for other purposes.
SB 19. 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" to provide for taxing on alcoholic beverage in municipalities; and for other purposes.
SB 46. By Senators Kendrick of the 32nd and 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 Cosmeotology, so as to include within the definition of the terms cosmetologist and beautician those persons who perform certain services on the hair of deceased persons and wigs; and for other purposes.
SB 48. By Senator Yancey of the 33rd:
A Bill to be entitled an Act to prohibit the advertisement of alcoholic beverages; and for other purposes.
1258
JOURNAL OF THE HOUSE,
SB 90. By Senators Smalley of the 28th and Gaynor of the 5th:
A Bill to be entitled an Act to amend Code Chapter 84-11, relating to the practice of optometry, so as to provide that appeals taken to certain actions of the Board of Examiners in Optometry shall be taken in accordance with the "Georgia Administrative Procedure Act"; and for other purposes.
SB 127. By Senators Yancey of the 33rd, Kilpatrick of the 44th and Edenfield of the 4th:
A Bill to be entitled an Act to provide that the judge or judges of every court of this State having jurisdiction of the violation of traffic laws or traffic ordinances, which violations occur outside corporate limits of municipalities, may provide by written order for the establishment of a Traffic Violations Bureau; and for other purposes.
SB 39. By Senator Hill of the 29th:
A Bill to be entitled an Act to amend an Act providing and establishing a charter for the City of Woodbury in the County of Meriwether, so as to provide for a majority vote for the offices of mayor and councilmen; and for other purposes.
SB 53. By Senators Lee of the 47th and Sanders of the 41st:
A Bill to be entitled an Act to provide a different statute of limitations on any action, whether in contract, in tort or otherwise, to recover damages for any deficiency of construction of an improvement to real property, or for injury to property out of such deficiency; and for other purposes.
SB 54. By Senator Wesberry of the 37th:
A Bill to be entitled an Act to amend an Act relating to the inspection of public records; and for other purposes.
SB 77. By Senators Rowan of the 8th and Jackson of the 16th:
A Bill to be entitled an Act to amend an Act creating the Georgia State Board of Funeral Services and regulating the practice of embalming and funeral direction, so as to provide for the licensing of funeral establish ments; and for other purposes.
SB 78. By Senators Rowan of the 8th and Jackson of the 16th:
A Bill to be entitled an Act to provide for pre-need funeral service contracts; and for other purposes.
WEDNESDAY, FEBRUARY 9, 1966
1259
SB 85. By Senator Johnson of the 38th:
A Bill to be entitled an Act to create a State-wide tenure law for all administrative and teaching personnel of the public school system, except those who work directly under a State or local merit system; and for other purposes.
SB 88. By Senators Holley of the 22nd, Kidd of the 25th and Noble of the 19th and others:
A Bill to be entitled an Act to provide for the incorporation of regulated certificated banks; and for other purposes.
SB 89. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 13-204, relating to private banks or private bankers; and for other purposes.
SB 94. 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 98. By Senators Jackson of the 16th and Kendrick of the 32nd:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State Public Schools; and for other purposes.
SB 99. By Senator Hill of the 29th:
A Bill to be entitled an Act to amend incorporating the Town of Green ville, so as to change the corporate limits of said city; and for other purposes.
SB 114. By Senators Webb of the llth and Jackson of the 16th:
A Bill to be entitled an Act to amend Code Section 84-1008, relating to the qualifications of applicants for registration as graduate nurses, so as to provide for an additional method of qualifying for registration as a graduate nurse; and for other purposes.
SB 115. By Senator Kilpatrick of the 44th:
A Bill to be entitled an Act to amend Code Section 59-203, relating to the drawing of names of persons to serve as jurors so as to change the maximum number of names that may be drawn; and for other purposes.
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JOURNAL OF THE HOUSE,
SB 119. By Senators Padgett of the 23rd, Downing of the 1st, Kidd of the 25th 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 disabled veterans; and for other purposes.
SB 148. By Senators Thompson of the 34th, Coggin of the 35th, 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 East Point; and for other purposes.
SB 149. By Senators Thompson of the 34th, Coggin of the 35th, Ward of the 39th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the City of Hapeville"; and for other purposes.
SB 150. By Senators Thompson of the 34th, Coggin of the 35th, 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 East Point; and for other purposes.
SB 175. By Senators Yancey of the 33rd and Kendrick of the 32nd:
A Bill to be entitled an Act to abolish the office of Coroner of Cobb County; to create the office of medical examiner; and for other purposes.
SB 180. By Senator Eldridge of the 7th:
A Bill to be entitled an Act to amend an Act creating the County Court of Atkinson County, so as to change the qualifications of the judge of said court; and for other purposes.
HB 664. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966, and for the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the operation of the agency of the State provided for herein; and for other purposes.
WEDNESDAY, FEBRUARY 9, 1966
1261
HB 691. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A Bill to he entitled an Act to amend an Act providing appropriations for the State Government for the fiscal year 1965-66 and the fiscal year 1966-67, as amended, so as to reduce the appropriation for the Governor's Emergency Fund; to increase the appropriation for the State Board of Correction; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
Mr. Blalock of 33rd District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 664. Do Pass. HB 691. Do Pass.
Respectfully submitted, Blalock of 33rd. Chairman.
Mr. Blalock of 33rd Chairman of the Committee on Appropriations sub mitted the following report:
Mr. Speaker:
Your Committee on Appropriations 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:
HR 259-557. Do Pass. HR 230-494. Do Pass. HR 229-494. Do Pass. HR 227-480. Do Pass. HR 260-557. Do Pass. HR 251-534. Do Pass HR 252-534. Do Pass HR 23-44. Do Pass.
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JOURNAL OF THE HOUSE,
HB 566. Do Pass. HR 177-385. Do Pass as Amended. HR 93-165. Do Pass as Amended. HR 189-407. Do Pass as Amended. HR 231-494. Do Pass as Amended. HR 192-412. Do Pass as Amended. HR 249-529. Do Pass as Amended.
Respectfully submitted, Blalock of 33rd. Chairman.
Mr. Steis of the 100th District 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 con sideration 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 119. Do Pass. Respectfully submitted, Steis of the 100th, Chairman.
Mr. Melton of 34th District Chairman of the Committee on Education sub mitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 297. Do Pass by Substitute. HB 386. Do Pass as Amended. HB 379. Do Pass as Amended.
Respectfully submitted, Melton of 34th, Chairman.
WEDNESDAY, FEBRUARY 9, 1966
1263
Mr. Smith of the 3rd District, 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 560. Do Pass.
SB 114. Do Pass.
SB 90. Do Pass.
Respectfully submitted,
Smith of 3rd, Chairman.
Mr. Harris of 118th District 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:
HR 282-607. Do Pass by Committee Substitute. HB 462. Do Pass. HB 569. Do Pass. HB 579. Do Pass. HB 300. Do Pass. HB 419. Do Pass as Amended. HB 420. Do Pass as Amended. HB 475. Do Pass. HB 558. Do Pass. HB 537. Do Pass as Amended. HB 541. Do Pass. HB 270. Do Pass. HB 272. Do Pass. HB 273. Do Pass.
Respectfully submitted, Harris of 118th, Chairman.
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JOURNAL OF THE HOUSE,
Mr. Harris of the 118th District 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 646. Do Pass by Substitute. HB 478. Do Pass. HB 601. Do Pass. HB 602. Do Pass. HB 603. Do Pass. HB 631. Do Pass. HB 645. Do Pass. HB 642. Do Pass. HB 487. Do Pass. HB 382. Do Pass. HB 653. Do Pass. HB 268. Do Pass.
Respectfully submitted, Harris of 118th, Chairman.
Mr. Brinkley of the 112th District, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB
110. Do Pass.
HR 274-596. Do Pass as Amended.
HR 273-596. Do Pass as Amended.
HR 265-571. Do Pass as Amended.
HR 263-571. Do Pass as Amended.
HR 161-356. Do Pass by Substitute.
WEDNESDAY, FEBRUARY 9, 1966
1265
HR 284-624. Do Pass. HR 283-624. Do Pass. HR 281-602. Do Pass. HR 243-517. Do Pass. HB 520. Do Pass. HB 623. Do Pass. HB 542. Do Pass. HB 580. Do Pass. HB 581. Do Pass. HB 582. Do Pass. HB 583. Do Pass. HB 584. Do Pass. HB 585. Do Pass. HB 586. Do Pass. HB 587. Do Pass. HB 589. Do Pass. HB 592. Do Pass. HB 593. Do Pass. HB 594. Do Pass. HB 596. Do Pass. HB 599. Do Pass. HB 600. Do Pass. HB 604. Do Pass. HB 605. Do Pass. HB 606. Do Pass. HB 607. Do Pass. HB 608. Do Pass. HB 609. Do Pass. HB 610. Do Pass. HB 611. Do Pass. HB 612. Do Pass. HB 613. Do Pass. HB 614. Do Pass. HB 615. Do Pass.
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JOURNAL OF THE HOUSE,
HB 616. Do Pass. HB 617. Do Pass. HB 618. Do Pass. HB 620. Do Pass. HB 621. Do Pass. HB 624. Do Pass. HB 625. Do Pass. HB 627. Do Pass. HB 628. Do Pass. HB 629. Do Pass. HB 630. Do Pass. HB 632. Do Pass. HB 633. Do Pass. HB 634. Do Pass. HB 635. Do Pass. HB 636. Do Pass. HB 639. Do Pass. HB 640. Do Pass. HB 641. Do Pass. HB 643. Do Pass. HB 644. Do Pass. HB 648. Do Pass. HB 649. Do Pass. HB 650. Do Pass. HB 654. Do Pass. HB 655. Do Pass. HB 656. Do Pass. HB 595. Do Pass. HB 494. Do Pass.
Respectfully submitted, Brinkley of the 112th, Chairman.
Mr. Williams of 16th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
WEDNESDAY, FEBRUARY 9, 1966
1267
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 342. Do Pass by Committee Amendment.
HB 495. Do Pass.
HB 561. Do Pass.
HB 142. Do Not Pass.
Respectfully submitted, Williams of 16th, Chairman.
Mr. Dorminy of 72nd District, Chairman of the Committee on Natural Resources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 11. Do Pass by Substitute. HB 304. Do Pass as Amended.
Respectfully submitted, Dorminy of 72nd, Chairman.
Mr. Etheridge of 123rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary, has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 147. Do Not Pass. HB 338. Do Pass. HB 563. Do Pass as Amended. HB 498. Do Pass.
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JOURNAL OF THE HOUSE,
HB 637. Do Pass.
Respectfully submitted, Etheridge of 123rd, Chairman.
Mr. Chandler of 47th District, Chairman of 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 Chairman, to report the same back to the House with the following recom mendations :
HR 78-132. HR 285-636. HR 244-517. HR 287-650.
Do Pass. Do Pass. Do Pass. Do Pass.
Respectfully submitted,
Chandler of 47th,
Chairman.
Mr. Paris of 23rd District, Chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker:
Your Committee on Temperance has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 19. Do Pass. HB 7. Do Not Pass.
Respectfully submitted, Paris of 23rd, Chairman.
Mr. Bagby of 21st District, 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-
WEDNESDAY, FEBRUARY 9, 1966
1269
lowing Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 280-602. Do Pass.
SR
15. Do Pass.
Respectfully submitted,
Bagby of 21st,
Chairman.
The following minority report from the Committee on Ways and Means was read:
We the undersigned, members of the Ways and Means Committee, file this minority report to the majority report of said committee which was favorable to the passage of Senate Resolution No. 15 for the fol lowing reasons, to wit:
1. Said committee met for a public hearing on February 8, 1966, and the proponents of the resolution were unable to indicate how Senate Resolution 15 would be implemented.
2. After holding the public hearing, the Ways and Means Com mittee met in Executive Session and on motion duly made ten members of the committee voted that the same do pass, and ten members of the committee voted no to said motion. The chairman broke the tie with a do pass vote, reserving the right to oppose said resolution on the floor of the House.
3. The undersigned consider this matter to be of paramount im portance, the same being a major change in the basic tax structure in Georgia, with the possibility of far-reaching changes and effects.
This 9th day of February, 1966.
Respectfully submitted,
Snow of the 1st Egan of 141st Gates of 123rd Cook of 123rd Carnes of 129th Colwell of 5th
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:
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JOURNAL OF THE HOUSE,
SB 138. By Senator Webb of the llth:
A Bill to amend an Act entitled the "Motor Vehicle Certificate of Title Act", as amended, so as to provide for the destruction of certain motor vehicle manufacturers' serial plates and the admissibility in evidence of records reflecting the destruction of such plates; and for other pur poses.
SB 164. By Senators Sanders of the 41st, Wesberry of the 37th and others:
A Bill to provide that the State of Georgia shall be a party to the "Interstate Compact on Mental Health" to enact said compact into law; to provide for the designation of the compact administrator; and for other purposes.
SB 76. By Senator Coggin of the 35th:
A Bill to amend an Act known as "Eminent Domain--Condemnation Proceedings Before a Special Master" approved March 13, 1957 (Ga. L. 1957, p. 387), so as to provide a method of perfecting service on non-residents; to repeal conflicting laws; and for other purposes.
SB 97. By Senators Edenfield of the 4th, Kilpatrick of the 44th and others:
A Bill to provide that the campus policemen and other security per sonnel of the University System of Georgia who are regular employees of said system shall have the power to make arrests for offenses com mitted upon any property under the jurisdiction of the Board of Regents of the University System of Georgia; and for other purposes.
SB 109. By Senators Rowan of the 8th and Carter of the 14th:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", as amended, so as to change the minimum sum in determining the funds needed by local units of administration for the maintenance, operation and sick leave expenses not otherwise provided in said Act; and for other purposes.
SB 126. By Senator Kilpatrick of the 44th:
A Bill to amend Code Sec. 59-120 relating to the compensation of jurors and court bailiffs, as amended, so as to change the maximum amount allowable for court bailiffs; and for other purposes.
SB 83. By Senators Wesberry of the 37th, Rowan of the 8th, Searcey of the 2nd and others:
A Bill to provide the procedure for statements of fiscal explanation to accompany legislation expending or decreasing the expenditure of any State funds; to repeal conflicting laws; and for other purposes.
WEDNESDAY, FEBRUARY 9, 1966
1271
SB 133. By Senators Webb of the llth and Jackson of the 16th:
A Bill to amend an Act establishing a merit system of personnel admin istration for state employees; as amended, so as to authorize the State Highway Department to extend merit system coverage to employees in the State Highway Department not presently covered under said sys tem; and for other purposes.
SB 139. By Senators Tribble of the 3rd, Webb of the llth and others:
A Bill to amend an Act creating the Department of Public Safety and providing for the issuance, revocation, suspension and renewal of driver licenses, as amended, so as to increase the minimum age required of applicants for an operator's class driver license; and for other purposes.
SB 187. 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 Atlanta, approved Feb. 28, 1874, and the several acts amendatory thereof; and for other purposes.
SB 56. By Senators Broun of the 46th and Plunkett of the 30th:
A Bill to amend Code Chapter 32-5, relating to the State Superintendent of Schools, as amended, so as to fix the compensation, of the State Superintendent of Schools; to exempt the State School Superintendent from the operation of certain acts relating to uniform salaries of certain State officials; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the House to-wit:
HB 41. By Messrs. Matthews of the 29th, Rowland of the 48th and others:
A Bill to amend an Act creating the State Board of Workmen's Com pensation, so as to change the compensation of the Chairman and the other two members of the board; and for other purposes.
HB 192. By Messrs. Conner of the 91st, Pafford of the 97th and others:
A Bill to amend an Act relating to motor vehicle licenses, so as to provide for a new classification for trucks transporting forest products; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House:
1272
JOURNAL OF THE HOUSE,
HB 200. By Messrs. Hale, Abney and Snow of the 1st and others:
A Bill 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; to provide for certain exceptions and exemptions from the educational requirements; and for other purposes.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 562. By Messrs. Gary, Lee and Harrell of the 35th:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Clayton 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 570. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Monroe 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 571. By Messrs. Longino of the 122nd, Cox of the 127th, Lea of the 126th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park; relating to elections of the mayor and councilmen; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
WEDNESDAY, FEBRUARY 9, 1966
1273
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 573. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Harris County on a 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.
HB 574. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Harris 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 575. By Mr. Steis of the 100th:
A Bill to he entitled an Act to amend an Act creating the office of Tax Commissioner of Talbot County, so as to change the compensation 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 120, nays 0.
1274
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 576. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act changing the compensa tion of the members of the Board of County Commissioners of Talbot County, so as to change the compensation of said members; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 577. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act changing the compensa tion 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.
HB 578. By Mr. Paris of the 23rd:
A Bill to be entitled an Act to implement and effectuate the provisions of the Constitution creating the Barrow County School System and the Board of Education, so as to provide for the members of said Board; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, FEBRUARY 9, 1966
1275
HB 494. By Messrs. Sherman and DeLong of the 105th; Fleming and Simkins of the 106th and Hull and Snellings of the 104th:
A Bill to be entitled an Act to amend an Act authorizing the establish ment of law libraries in courts in certain counties, as amended, so as to authorize an assistant for the official operating such libraries; and for other purposes.
The report 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 520. By Messrs. Lovett and Knight of the 60th: A Bill to be entitled an Act to amend an Act creating the city court of Dublin as amended; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 632. By Mr. Jordan of the 78th: A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Clay 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.
1276
JOURNAL OF THE HOUSE,
HB 633. By Mr. Jordan of the 78th:
A Bill to be entitled an Act to abolish the present method of compensat ing 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 634. By Mr. Jordan of the 78th:
A Bill to be entitled an Act to amend an Act abolishing the fee system for the Sheriff of Calhoun County and providing 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 635. By Mr. Jordan of the 78th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Baker County, as amended, so as to change the compensation of the chairman and the other members of said Board for Baker County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, FEBRUARY 9, 1966
1277
HB 636. By Mr. Jordan of the 78th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Arlington, as amended, so as to change the hours which the polls shall be open on election days; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 110. By Senator Smith of the 18th:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for the County of Houston, as amended, so as to provide that posts numbered four and five shall be separate from each other, and subject to same voting requirements as posts numbered 1, 2, and 3; and for other purposes.
The report 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.
By unanimous consent, all local Bills were ordered immediately transmitted to the Senate.
By unanimous consent, the House reconsidered its action in failing to give the requisite constitutional majority to the following Resolution of the House:
HR 166-371. By Messrs. Richardson of the 116th, Smith of the 3rd, and Jones of the 109th:
A Resolution proposing an amendment to the Constitution so as to provide that a person shall be entitled to register and vote at any election by the people if he has resided in this State at least one hun dred and eighty days, and in the county or municipality at least ninety days next preceding the election in which he offers to vote; and for other purposes.
1278
JOURNAL OF THE HOUSE,
By unanimous consent, the following Resolutions of the House were read and referred to the Committee on Rules:
HR 303. By Messrs. Adams of the 125th, Games of the 129th, Cox of the 127th and others:
A RESOLUTION
Creating an interim committee to study the adequacy of the public facilities on the lakes, rivers and other marine locations within the State; and for other purposes.
WHEREAS, water sports such as fishing, boating and water skiing are becoming increasingly more important to the recreational life of Georgians; and
WHEREAS, the citizens of Georgia are desirous that the lakes, rivers and other marine locations upon which such water recreations are enjoyed contain adequate facilities for the use thereof; and
WHEREAS, it is incumbent upon this body to do everything neces sary and proper in securing for the citizens of Georgia adequate public facilities, and this goal is best accomplished through the creation of an interim committee to study existing facilities and make recom mendations for the construction of additional facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim com mittee to make a comprehensive study of the public facilities existing on the lakes, rivers and other marine locations within the State and to make recommendations for the renovation of existing facilities and construction of additional facilities. Said committee shall be composed of five (5) members to be appointed by the Speaker of the House of Representatives. 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 convenient to enable it to fully and adequate exercise its powers, performance and duties.
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 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. 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 cf government. Such compensation, expenses or allowances shall not be received for more than twenty (20) days.
WEDNESDAY, FEBRUARY 9, 1966
1279
BE IT FURTHER RESOLVED that the committee shall be author ized to utilize the services of the Office of Legislative Counsel in carry ing out its responsibilities under this Resolution.
BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations, which shall be accompanied by such proposed legislation as might be recommended by said com mittee. Such report shall be made on or before December 1, 1966, on which date the committee shall stand abolished.
HR 304. By Messrs. Levitas of the 118th, Lee of the 79th and Carley of the 117th:
A RESOLUTION
Creating an interim committee to study invasions of privacy and industrial espionage; and for other purposes.
WHEREAS, since man first learned to protect himself from the elements by seeking shelter, his right to remain apart, to seek privacy and to be secure against the invasions of his privacy, has been a funda mental and natural right; and
WHEREAS, the State of Georgia was the first State to recognize that such right was a unique and distinct and protectable legal interest, not merely a constitutional or legal right, but a natural and funda mental right of all persons in all societies to whom freedom is sacred; and
WHEREAS, as a result of this early recognized right, the common law doctrine that "a man's home is his castle" was formulated, and this doctrine is as true today as in times past, notwithstanding the fact that the walls of today's homes are somewhat less sturdy than the stone boulders comprising the walls of the castles of yesteryear; and
WHEREAS, this right to be secure extends not only to a man's permanent or temporary abode, but also his business, for the funda mental right to pursue a lawful occupation and to be secure in that pursuit, coexist with the right to privacy; and
WHEREAS, this right to be secure against the ever increasing prac tices of prying and spying, by bureaucrat and black-mailer, by the curious and the morbid, places it in danger of being chiseled away; and
WHEREAS, through the use and abuse of concealed cameras, tap ped telephones, planted microphones, hidden transmitters and other surreptitious devices it has become possible to invade the privacy of the citizens of Georgia, and to steal and use many confidential business secrets and processes originally created and belonging to the various industries of Georgia; and
WHEREAS, through increased scientific and technological ad vances, devices may be used to penetrate the walls of today's man's
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home just as surely and destructively as the battering rams of an in vading army in days of yore breached the walls of yesterday's man's castle; and
WHEREAS, these reprehensible and despicable practices, if they occur, should not only cease forthwith but should also be public con demned, prohibited and made unlawful; and
WHEREAS, a comprehensive investigation in depth is called for as to who, when, where, why and how such violations occur against the rights of free men to whom life, liberty and the pursuit of happiness is sacred.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim com mittee to make a comprehensive study of the laws, procedures and problems relating to invasions of privacy. Said Committee shall be com posed of seven (7) members to be appointed by the Speaker of the House of Representatives.
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 evidence necessary or con venient to fulfill the purposes of this Resolution.
BE IT FURTHER RESOLVED that the Committee may do any other things consistent with this Resolution that are necessary or con venient to enable it to fully and adequately effectuate its powers, per form its duties and accomplish the objectives and purposes of this Resolution.
BE IT FURTHER RESOLVED that the members of the Committee shall receive the compensation, per diem, expenses and allowances au thorized for legislative committees from the funds appropriated to or available to the legislative branch of the government. Such compensa tion, expenses and allowances shall not be received for more than twenty (20) days.
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, 1966, on which date said Committee shall stand abolished.
HR 305. By Mrs. Merritt of the 68th and Mr. Matthews of the 29th:
A RESOLUTION
Creating an interim committee to study all matters relating to the needs of college educational facilities within the University System; and for other purposes.
WHEREAS, the remarkable growth in college age population has created a great need for two and four year colleges throughout our State; and
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1281
WHEREAS, the present and future needs relating to such educa tional facilities should be thoroughly studied so as to insure that such facilities are readily available to the youth of our State in order that they may attain the advantages of a college education.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim commit tee to study all matters relating to the present and future needs for two and four year colleges throughout the State of Georgia. Said com mittee shall be composed of seven members of the House of Representa tives to be appointed by the Speaker. Said committee shall be authorized to visit the recently established two years colleges and those colleges which have recently expanded to offer a four-year program in order to determine where such additional colleges should be located within our State. Said committee shall also be authorized to make an investigation with regard to the adequacy of college facilities on the graduate level. Said committee shall be further authorized to do any other things con sistent with this resolution that are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this resolution.
BE IT FURTHER RESOLVED that the members of the committee shall receive the same compensation, per diem, expenses and allowances authorized for legislative members of interim legislation committees. The members of the committee shall receive such compensation, per diem, expenses and allowances from the funds appropriated to or avail able to the legislative branch of the government, but shall receive the same for not more than ten (10) days. Said committee shall make a re port of its findings and recommendations, which report shall be accom panied by such proposed legislation as might be recommended by said committee on or before December 1, 1966, on which date the committee shall stand abolished.
HR 306. By Messrs. Irvin of the llth, Parker of the 55th, Wilson of the 109th and others:
A RESOLUTION
Creating an interim committee to study the problem of compensa tion to be paid persons employed in any capacity with the School Lunch Program; and for other purposes.
WHEREAS, an adequate compensation should be paid to every employee of the State, and the House of Representatives is vitally con cerned with the question of whether the compensation paid such em ployees is adequate; and
WHEREAS, the compensation currently being paid those employees working with the School Lunch Program has been criticized as to its adequacy; and
WHEREAS, the suggested increase involves the expenditure of tre mendous amounts of monies which must be drawn from the educational and school lunch programs; and
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WHEREAS, it is felt that the questions involved require detailed study in depth.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim commit tee to make a comprehensive study of the question of whether the com pensation being received by the employees working with the School Lunch Program is adequate, or whether an increase is called for. Said committee shall be composed of seven (7) members of the House of Representatives to be appointed by the Speaker of the House of Repre sentatives.
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 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, per formance and duties and accomplish the objectives and purposes of this Resolution.
BE IT FURTHER RESOLVED that the members of the committee shall receive the same compensation, per diem expenses and allowances authorized for legislative members of interim legislative committees. The members of the committee shall receive such compensation, per diem expenses and allowances from the funds appropriated to or avail able to the legislative branch of government. Such compensation, ex penses or allowances shall not be received for more than twenty (20) days.
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, 1966, on which date the committee shall stand abolished.
HR 307. By Messrs. Parker of the 55th, Pafford of the 97th, Melton of the 34th and others:
A RESOLUTION
Creating the Teacher Merit Pay Scale Study Committee; and for other purposes.
WHEREAS, the State of Georgia is losing a large number of school teachers each year to other states which have more attractive pay sched ules, particularly as they relate to the better qualified teachers; and
WHEREAS, it is imperative that beginning salaries for highly qualified teachers be increased and that salaries for teachers be in creased on a merit basis in lieu of across the board.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Teacher Merit
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Pay Scale Study Committee to be composed of five members of the House to be appointed by the Speaker. The Committee shall study the procedures whereby teachers are granted pay increases and shall study the entire system of teacher pay schedules and all matters relative thereto. The members of the Committee 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 15 days. The Committee shall make a report of its findings and recommendations on or before December 1, 1966, on which date the com mittee shall stand abolished. The funds necessary to effectuate the pur poses of this Resolution shall come from the funds appropriated to and available to the legislative branch of the government.
HR 308. By Mrs. Merritt of the 68th; Messrs. Houston of the 84th, Dixon of the 83rd and others:
A RESOLUTION
Creating an interim legislative committee to study all matters re lating to the care and training of pre-school children and the facilities associated therewith; and for other purposes.
WHEREAS, there are many Federal State and local programs which are primarily concerned with the care and training of pre-school children; and
WHEREAS, these programs duplicate each other in certain re spects and are in bad need of coordination; and
WHEREAS, operation "Head Start" and other programs initiated by the Federal government should be carefully analyzed to insure that Georgia takes full advantage of all opportunities available under such programs; and
WHEREAS, pre-school training and the relationship such training bears to a child's performance after beginning regular school is an important area that deserves careful consideration and study; and
WHEREAS, the services now being provided by all pre-school fa cilities including privately owned, charitable and government sponsored facilities should be studied so that adequate steps may be taken to keep the availability of such facilities in line with present and future needs.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim legis lative committee to be known as the "Care and Training of Pre-School Children Study Committee". Said Committee shall be composed of seven (7) members of the House to be appointed by the Speaker. Said Com mittee shall be authorized to make a thorough study of all matters rela tive to the care and training of pre-school children and the facilities associated therewith with particular emphasis on the coordination of the various governmental programs concerning this subject.
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BE IT FURTHER RESOLVED that said Committee shall select a chairman from among its members and may hold such meetings at such time and places as it considers expedient and may do any other things consistent with this Resolution that are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution.
BE IT FURTHER RESOLVED that the members of said Commit tee shall receive the same compensation, per diem, expenses and allow ances authorized for legislative members of interim legislative commit tees but shall receive the same for not more than ten (10) days. The funds necessary to carry out the provisions of this Resolution shall come from funds appropriated to or available to the legislative branch of government.
BE IT FURTHER RESOLVED that said 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, on or before December 1, 1966, on which date said Committee shall stand abolished.
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 167. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to provide that any petit juror drawn, se lected and summoned for service in the Superior Court of any county wherein are located any courts having countywide jurisdiction con current with the Superior Court of this State, shall be legally competent and qualified to serve as a juror in such other courts 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Barber Barfield
Bean Bedgood Bennett Berry Black Blalock Brackin
Brantley Brinkley Brown, B. D. Brown, C. Bryant Byrd Caldwell
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Car ley Carnes Clarke, H. G. Clark, J. T. Collins, J. P. Conger Cook Crowe Dailey Daugherty Davis DeLong Dickinson Dillon Dixon Dollar Drew Duncan Egan Evensen Farrar Fulford Funk Gaissert Gary Gaynor Grahl Hadaway Hamilton Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Hill Holder Houston Howard Hutchinson
Irvin Johnson, Dr. A. S. Johnson, B. Jones, M. Jordan, Ben C. Kiley Knapp Knight Land Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Mauldin McClatchey McDaniell Melton Merritt Minge Mitchell Moore, Don C. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Palmer Paris Parker Parrish Peterson Phillips
Powers Reaves Reid Richardson Roach Rowland Rush Russell Sherman Shields Sims Smith, A. B. Smith, G. L. II Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart
Story Stovall Sweat Taylor Thompson, A. W. Thompson, R. Tucker Tye Vaughan, D. N. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bagby Blair Bo wen Brown, M. P. Busbee Carr Gates Chandler Collins, M. Colwell
Conner Cox Dean Dorminy Doster Elliott Etheridge Fleming Floyd Gignilliat
Grier Hale Harrell Harrington Henderson Hood Howell Hull Jones, C. M. Jones, G. Paul
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Jordan, W. H. Lambert Lambros Lane Lea, F. R. Leonard Lovett Maddox Matthews, D. R. McCracken
JOURNAL OP THE HOUSE,
Mixon Moore, J. H. Murphy Pafford Pickard Rainey Ross Savage Simkins Smith, J. R.
Smith, V. T. Smith, W. L. Sullivan Thomas Townsend Underwood Vaughn, C. R. Ware Wilson, J. 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.
HB 290. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act relating to the judges of the superior courts, as amended, providing that any judge may request any judge emeritus to serve and preside in the superior court of any county in the judicial circuit of judge making said request; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Alien Anderson Barfield Bean Bedgood
Bennett Berry Black Bowen Brackin Brinkley
Brown, B. D. Brown, C.
Bryant Busbee Byrd Caldwell Carley Carnes Carr
Collins, J. F. Collins, M. Colwell Conger Cook Cox
Crowe Dailey
Daugherty Davis Dean DeLong Dickinson Dillon Dixon
Dollar Drew Duncan Egan Etheridge Evensen
Farrar Fleming
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Floyd Fulford Funk Gaissert Gary Gaynor Grahl Grier Harrell Harrington Harris, J. F. Harrison Hawkins Herndon Hill Holder Hood Houston Hull Hutchinson Irvin Jones, C. M. Kiley Knapp Knight Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino
Lovell Lowrey
Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt Minge Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odoni Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Phillips Pickard Powers Reaves Reid Richardson Roach
Ross Russell Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Snellings Spillers Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tye Vaughan, D. N. Walling Watson Webb Westlake Wiggins Williams, G. J. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Bagby Barber Blair Blalock Brantley Brown, M. P. Gates Chandler Clarke, H. G. Clark, J. T. Conner Dorminy Doster Elliott Gignilliat Hadaway Hale
Hamilton Harris, J. R. Harris, R. W. Henderson Higginbotham Howard Howell Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Lambert Land Le vitas Lovett McClatehey McDaniell
Mitchell Mixon Moore, J. H. Nessmith, P. Peterson Rainey Rowland Rush Savage Smith, J. R. Smith, V. T. Smith, W. L. Snow Spikes Stalnaker Sullivan Town send Tucker
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Underwood Vaughn, C. R. Ware
JOURNAL OF THE HOUSE,
Watkins Wells Williams, W. M.
Mr. Speaker
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 302. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
A Bill to be entitled an Act to amend Section 92-1403 of the Georgia Code of 1933, known as the Motor-Fuel Tax Law, so as to strike the introductory paragraph and paragraphs (A) through (F) of Section 92-1403 of the Motor Fuel Tax Law and of the Georgia Code of 1933, as amended; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Bean Bedgood Bennett Berry Black Blair Bowen Brackin Brinkley
Brown, B. D. Brown, M. P. Busbee Byrd Caldwell Carley Carnes Carr
Gates Clark, J. T. Collins, J. F. Collins, M. Conger Cook Cox Crowe Dailey Daugherty Dean Dickinson Dillon
Dixon Dollar Dorminy Doster Drew Evensen Farrar Floyd
Fulford Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harrison Hawkins
Herndon Higginbotham Hill Hood Houston Howell Hull Hutchinson
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1289
Irvin Johnson, Dr. A. S. Jones, C. M. Jones, M. Jordan, W. H. Kiley Knight Lambert Lambros Lea, F. R.
Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovett Lowrey Malone Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell , Melton Merritt Mitchell Mixon Moore, Don C. Murphy
NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Ross Rowland Rush Russell Savage Sherman Shields Sims Simkins
Smith, A. B. Smith, G. L. II Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Ware Watson Webb Wells Westlake Wiggins Williams, G. J. Wilson, R. W.
Those voting in the negative were Messrs.
Anderson Barber Barfield Brown, C. Bryant Clarke, H. G.
Colwell Harris, J. F. Holder Jones, G. Paul Jordan, Ben C. Lovell
Overby Stewart Williams, W. M. Wood
Those not voting were Messrs.:
Bagby Blalock Brantley Chandler Conner Da vis DeLong Duncan Egan Elliott Etheridge Fleming
Funk Hale Harris, J. R. Harris, R. W. Henderson Howard Johnson, B. Knapp Land Lane Le vitas Maddox
Marshall Minge Moore, J. H. Smith, V. T. Sullivan Underwood Vaughan, D. N. Vaughn, C. R. Walling Watkins Wilson, J. M. Mr. Speaker.
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On the passage of the Bill, the ayes were 152, nays 16.
The Bill, having received the requisite constitutional majority, was passed.
HB 439. By Messrs. Harris of the 118th, Vaughn of the 117th, Palmer and Carley of the 117th and others:
A Bill to be entitled an Act to amend Code Chapter 113-10, relating to distribution, advancements, and years' support, as amended, so as to provide that in an application for years' support, notice of the filing must be given to the tax commissioner or tax collector; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Section 113-1005 so as to pro vide that notice of the filing of the appraisers' return must be given to the tax commissioner or tax collector of any county in which property set apart is located if such property is in a county other than the county where the application for a year's support has been filed; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 113-1005 of the Code of Georgia providing for the appointment of appraisers is hereby amended by adding at the end of the first sentence a new sentence to read as follows:
"A copy of the return filed with the Ordinary shall be mailed to the tax commissioner or tax collector of any county in which property set apart is located if such property is in a county other than the county where the application for a year's support has been filed."
so that said Section will then read as follows:
"113-1005. Same; return by appraisers.--The appraisers shall make a schedule of the property, or statement of the amount of money set apart by them, and return the same under their hands and seals to the ordinary within 30 days from the date of their appointment. A copy of the return filed with the Ordinary shall be mailed to the tax commissioner or tax collector of any county in which property set apart is located if such property is in a county other than the county where the application for a year's support has been filed. Where any lands shall be included in the property set apart and assigned as a year's support, the appraisers so appointed in their return shall fully and accurately describe
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1291
said land, and make a plat thereof, and they shall have power to procure the aid of the county surveyor of the county, or other com petent surveyor, in making the survey and measurement of the lands so set apart showing the lengths of the boundary lines (ex cept crooked natural boundaries), and the directions in which they run, and setting out all original lines and natural boundaries, so as to definitely and accurately describe the lands so set apart, which plat shall be made and recorded as a part of the appraisers' return. Upon filing said return, the ordinary shall issue citation and publish notice as required in the appointment of permanent administrators, citing all persons concerned to show cause why said application for 12 months' support should not be granted; and if no objection is made after the publication of said notice for four weeks, or, if made, is disallowed, the ordinary shall record the re turn so made in a book to be kept for this purpose; if an appeal is taken, pending the appeal the family shall be furnished with nec essaries by the representative of the estate."
Section 2. This Act shall become effective on January 1, 1967.
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 Adams Alexander Alien Barber Barfield Bedgood Bennett Berry Black Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Bryant Byrd Caldwell
Carnes Carr Gates Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Conger Cook Cox Crowe Dailey Daugherty Davis Dean Dillon Dixon Dollar Dorminy
Doster Drew Duncan Egan Elliott Etheridge Farrar Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hamilton Harris, J. F. Harris, J. R.
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Harrison Hawkins Herndon Hill Holder Hood Houston Howard Howell Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambros Land Lane Lea, P. R. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovett Lowrey Malone Matthews, C.
Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Minge Mitchell Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Rainey Reid Richardson Roach Rowland
Rush Russell Savage Shields Sims Smith, A. B. Smith, G. L. II Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Story Stovall Sweat Thomas Townsend Tucker Tye Vaughan, D. N. Walling Ware Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Anderson Bagby Bean Blair Bowen Brown, M. P. Busbee Carley Chandler Colwell Conner DeLong Dickinson Evensen Fleming Had away Hale Harrell
Harrington Harris, R. W. Henderson Higginbotham Hull Johnson, B. Lambert Leonard Le vitas Lovell Maddox Marshall Merritt Mixon Nessmith, P. Reaves Ross Sherman
Simkins Smith, J. R. Smith, V. T. Snellings Stewart Sullivan Taylor Thompson, A. W. Thompson, R. Underwood Vaughn, C. R. Watkins Webb Westlake Wilson, J. M. Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 152, nays 0.
WEDNESDAY, FEBRUARY 9, 1966
1293
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 321. By Messrs. Chandler of the 47th, Paris of the 23rd, Harrington of the 47th, Rainey of the 69th and Brown of the 19th:
A Bill to be entitled an Act to amend an Act providing for payment of the cost of care of persons admitted to state institutions coming under the control of the State Board of Health or Department of Public Health, as amended, so as to delete certain definitions; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act providing for the payment of the cost of care of persons admitted or committed to State institutions which come under the management and control of the State Board of Health or Georgia Department of Public Health, approved March 23, 1960 (Ga. Laws 1960, p. 1138), so as to delete the definition of "gross income"; to define "assessable income"; to provide that in the event a patient is covered by an insurance contract providing for payment of hospitalization, such patient shall pay from such benefits without de ductions, exemptions or credits the cost of care; to provide that no such payments of hospitalization insurance to the institution shall exceed the cost of care; to provide that in the event the insurance benefits so collected are less than the cost of care, then all persons liable for cost of care of such patient shall pay to the Department of Public Health the balance of said cost of care of such patient; to change the method for determining the ability of a patient, his estate or any person liable for the cost of care to pay for cost of care; to change the provisions relative to assessments for cost of care; to provide that the portion of cost of care relating to the cost of medical care may be billed separately; to provide for liens; to provide an additional use of funds collected for cost of care of patients pursuant to the provisions of said Act; to provide for limitations of actions on assessments, claims and demands for cost of care and cost of medical care; 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 payment of the cost of care of persons admitted or committed to State institutions which come under the management and control of the State Board of Health or Georgia Department of Public Health, approved March 23, 1960 (Ga. Laws I960, p. 1138), is hereby amended by striking Subsection (e) of Section 1 in its entirety and inserting in lieu thereof a new Subsection (e), to read as follows:
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"(e) 'Assessable Income' shall mean that income measured by adding to gross income as defined in the Georgia Income Tax Laws now or hereafter in force and as such income tax laws are now or hereafter interpreted minus deductions, personal exemptions and credits as those terms are now or hereafter defined or interpreted with respect to such income tax laws;
(1) Any amounts received through accident insurance or un der workmen's compensation acts, as compensation for total or partial incapacity to work, plus the amount of any damages re ceived, whether by suit or agreement, on account of such injuries or sickness;
(2) The net income from property acquired by gift, bequest, devise, or descent;
(3) Interest upon the obligations of the United States Govern ment, or of this State or of a political subdivision thereof;
(4) Dividends received on stock of banks and trust companies, incorporated under the banking laws of this State or of the United States;
(5) The patient's retirement income and Social Security bene fits, veteran's benefits, or any other money received for support of the patient from any source whatsoever during his period of hospitalization provided the patient has no dependents."
Section 2. Said Act is further amended by adding after Subsection (e) of Section 1 a new subsection to be known as Subsection (f), to read as follows:
"(f) Notwithstanding any other provisions of this Act, in the event a patient is covered by an insurance contract providing for payment of hospitalization, such patient shall pay from such in surance benefits, without deductions, exemptions or credits, the cost of care; provided, however, that no such payments of hos pitalization insurance to the institution shall exceed said cost of care. In the event the insurance benefits so collected are less than the cost of care, then all persons liable for cost of care of such patient shall pay to the Department of Public Health the balance of said cost of care of such patient."
Section 3. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4, to read as follows:
"Section 4. Every patient who has no dependent other than himself shall pay to the Georgia Department of Public Health during each calendar year that he is admitted or confined to a State institution his cost of care, or such part thereof that does not exceed his assessable income (not considering personal exemptions) for the preceding calendar year. In the event the Georgia Depart ment of Public Health is unable to collect any sum due by a patient under the terms of this paragraph, or in the event the sum so
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collected is less than the cost of care for such patient, then all other persons liable for cost of care for such patient shall pay to the Georgia Department of Public Health the balance of the cost of care of such patient, but none of such other persons liable for cost of care of said patient shall be liable for more than ten (10%) per cent of his assessable income."
Section 4. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5, to read as follows:
"Section 5. Every patient who has a dependent other than himself shall pay to the Georgia Department of Public Health during each calendar year that he is admitted or confined to a State institution his cost of care or such part thereof that does not exceed ten (10%) per cent of his assessable income for the pre ceding calendar year. In the event the Georgia Department of Public Health is unable to collect any sum due by a patient under the terms of this paragraph, or in the event the sum so collected is less than the cost of care for such patient, then all other persons liable for cost of care for such patient shall pay to the Georgia Department of Public Health the balance of the cost of care of such patient, but none of such other persons liable for cost of care of said patient shall be liable for more than ten (10%) per cent of his assessable income."
Section 5. Said Act is further amended by adding between Section 10 and Section 11 a new section to be known as Section 10A, to read as follows:
"Section 10A. The Department of Public Health in carrying out its duties hereunder is not engaged in the practice of medicine as defined in Section 84-901 of the Code of Georgia of 1933. The portion of cost of care relating to the cost of medical care, such portion to be determined by the superintendent or director of said institution with the approval of the Department of Health, may be billed by or for the medical doctors of the staff of the particular institution directly to patients or to persons liable for cost of care either individually by the medical doctor performing the services or by or through any partnership or voluntary association of such medical doctors or by the Department for such doctors provided that no such medical doctor or medical doctors shall personally benefit from the collection thereof and such medical doctor or medi cal doctors shall voluntarily make legal provision for the payment of such collections to the Department for the uses specified in Sec tion 12 of this Act so that no such medical doctor or medical doc tors, being an officer, employee or agent, of the State of Georgia, or any agency thereof, shall thereby accept or receive money, or anything of value, in addition to his legally authorized compensa tion. The procedures described in Subsection (a) of Section 10 shall be available to assist the medical doctor or doctors or the partnership or voluntary association of such medical doctors, in the assessment and collection of the cost of medical care and, if the Department is requested so to do by such medical doctor or doctors or the partnership or voluntary association of such medical doctors, the Department may institute suit for the benefit of the Depart ment to collect such cost of medical care."
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Section 6. Said Act is further amended by adding between Section 11 and Section 12 a new section to be known as Section HA, to read as follows:
"Section HA. The provisions of an Act approved December 14, 1953 (Ga. Laws 1953, Nov. Sess., p. 105) providing for the creation of liens in favor of persons operating hospitals in this State are hereby extended to provide, under the circumstances set forth in such Act, a lien in favor of the Department of Public Health for cost of care as provided for herein."
Section 7. Said Act is further amended by adding a new sentence at the end of Section 12, to read as follows:
"If approved by the Budget Bureau, said funds may also be used for the cost of care of patients in State institutions as defined in this Act.",
so that when so amended Section 12 shall read as follows:
"Section 12. It being the intent of this Act that the patients or those responsible for the support of said patients shall pay some part of the cost of care all funds collected hereunder shall be made available for the support of the operation of the State institutions, however, such funds shall be budgeted in accordance with State law and approved by the Budget Bureau. If approved by the Budget Bureau and the Georgia Department of Public Health these funds may be used for the support of research and education including the training of psychiatrists, physicians and other mental health personnel. If approved by the Budget Bureau, said funds may also be used for the cost of care of patients in State institutions as defined in this Act."
Section 8. Said Act is further amended by adding between Section 13 and Section 14 a new section to be known as Section 13A, to read as follows:
"Section 13A. All actions upon any assessment, claim or de mand made by or in favor of the State Board of Health or the Department of Public Health pursuant to the provisions of this Act shall be brought within four (4) years after the right of action shall have accrued; provided, however, that the period of limita tion herein provided shall be arrested, suspended and tolled as pro vided by law or other periods of limitation."
Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment to Committee substitute to HB 321 was read and adopted:
Mr. Steis of the 100th District moves to amend Committee Sub stitute to HB 321 as follows:
WEDNESDAY, FEBRUARY 9, 1966
1297
By striking the word "May" where it appears in Section 7 of said Committee Substitute so that the last sentence of amended Section 12 of the original Act shall read as follows:
"If approved by the Budget Bureau, said funds shall also be used for the cost of care of patients in State Institutions as defined in this Act."
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 Adams Alexander Alien Anderson Bagby Barber Bean
Bedgood Berry Black Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd
Carley Carnes Carr Gates Chandler Clarke, H. G. Collins, J. P. Collins, M. Conger
Cook Cox Crowe Dailey Daugherty Davis Dean Dickinson Dillon Dollar Doster Drew Duncan Egan Farrar Floyd Fulford Funk Gary Gaynor Gignilliat Grahl Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Hawkins Henderson Herndon
Higginbotham Hill Holder Hood Howell Hutchinson Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Lambert Land Lane Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Lovett Lowrey Maddox M alone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Merritt
1298
Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Rainey
JOURNAL OF THE HOUSE,
Reaves Reid Richardson Roach Ross Rowland Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Snellings Snow Spikes Spillers Stain aker Starnes Steis
Story Stovall Sweat Taylor Thomas Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson
Wells Westlake Wiggins Williams, G. J. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Barfield Bennett Bo wen Caldwell Clark, J. T. Colwell Conner DeLong Dixon Dorminy Elliott Etheridge Evensen Fleming Gaissert Grier
Hale Harris, R. W. Harrison Houston Howard Hull Irvin Johnson, B. Knapp Knight Lambros Lea, F. R. Le vitas Longino Lovell McDaniell
Melton Moore, J. H. Nessmith, P. Odom Rush Smith, J. R. Smith, V. T. Smith, W. L. Stewart Sullivan Thompson, A. W. Underwood Ware Webb Williams, W. M. Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 551. By Mr. Busbee of the 79th:
A Bill to be entitled an Act to provide for family planning services; to provide a short title; and for other purposes.
WEDNESDAY, FEBRUARY 9, 1966
1299
The following floor substitute by Mr. Busbee of the 79th was read and adopted:
A BILL
To be entitled an Act to provide for family planning services; to provide a short title; to provide that the State Department of Health, county departments of health, health districts, the State Department of Family and Children Services, county departments of family and children services and district departments of family and children services shall provide family planning services; to provide for definitions; to provide who shall receive such services; to provide that such services may be without charge to the persons receiving such services; to provide that persons may refuse to accept such services; to provide that certain employees may refuse to offer such services under certain circumstances; to provide that the State Department of Heath and the State Depart ment of Family and Children Services shall develop plans and programs to carry out the provisions of this Act; to authorize the State Department of Health and the State Department of Family and Children Services to adopt and promulgate rules and regulations; to provide for the con struction of this Act; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
This Act shall be known and may be cited as the "Family Planning Services Act".
SECTION 2
Definitions.
(a) The word "agencies" as used in this Act shall mean the State Department of Health, county boards of health, health districts, the State Department of Family and Children Services, county departments of family and children services, and district departments of family and children services.
(b) "Family planning services" shall mean counselling and inter views with trained personnel regarding birth control, infertility and family planning methods and procedures; distribution of literature relating to birth control, infertility and family planning; referral to licensed physicians or local health departments for consultation, ex amination, tests, medical treatment and prescriptions for the purposes of birth control, infertility and family planning; and, to the extent prescribed, the distribution of rhythm charts, drugs, medical prepara tions, contraceptive devices and similar products used for birth control and family planning.
SECTION 3
Within the limitations of the funds available to such agencies, all agencies, as defined in this Act, are hereby authorized to offer family
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JOURNAL OF THE HOUSE,
planning services to persons in any one or more of the following classi fications :
(1) Married. (2) The parent of at least one child. (3) Pregnant.
SECTION 4
Such agencies may support such family planning services at no cost to the recipients of such services in accordance with rules and regula tions of said agencies.
SECTION 5
The refusal of any person to accept family planning services shall in no way affect the right of such person to receive public assistance
or public health services or to avail himself of any public benefit. The employees of the agencies engaged in the administration of the provisions of this Act shall recognize that the right to make decisions concerning family planning and birth control is a fundamental personal right of the individual, and nothing in this Act shall in any way abridge such individual right, nor shall any individual be required to state his reason for refusing the offer of family planning services.
SECTION 6
Any employee of the agencies engaged in the administration of the provisions of this Act may refuse to accept the duty of offering family planning services to the extent that such duty is contrary to such employee's personal religious beliefs, and such refusal shall not be grounds for any disciplinary action, for dismissal, for any inter-depart mental transfer, for any other discrimination in his employment, or for suspension from employment or for any loss in pay or other benefits. The directors or supervisors of such agencies shall be authorized, how ever, to reassign the duties of any such employees in order to effectively carry out the provisions of this Act.
SECTION 7
The State Department of Health and the State Department of Family and Children Services are hereby authorized and directed to develop plans and programs to carry out the provisions of this Act, and representatives from each of said departments shall cooperate in developing such plans and programs. Such plans and programs shall
include, but shall not be limited to, provisions for:
(1) A training program offered by the State Department of Public Health for the employees of the State Department of Family and Children Services who are in contact with and counsel those persons likely to desire family planning services. Such training program should
be designed to provide such employees with complete information regard ing family planning and birth control and all matters related thereto.
WEDNESDAY, FEBRUARY 9, 1966
1301
(2) A systematic plan for coordinating the activities of the two Departments and their counterparts at the county and district level in the area of family planning services.
SECTION 8
The State Department of Health and the State Department of Family and Children Services are hereby authorized and directed, by and through their respective boards, to adopt and promulgate rules and regulations to carry out the provisions of this Act. Such rules and regulations shall provide the necessary requirements and guides for county and district departments of public health and departments of family and children services.
SECTION 9
This Act shall be liberally construed to protect the rights of all individuals to pursue their religious beliefs, to follow the dictates of their own consciences, to prevent the imposition upon any individual of practices offensive to the individual's moral standards, to respect the right of every individual to self determination in the procreation of children, and to insure a complete freedom of choice in pursuance of his constitutional rights.
SECTION 10
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, 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 Bagby Barber Bean Bedgood Bennett Berry Black Blair Blalock Bowen
Brackin Brantley Brinkley Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates
Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Conger Cook Cox Crowe Dailey Davis Dean
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Dickinson Dixon Dollar Dorminy Doster Drew Duncan Elliott Evensen Farrar Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Howard Howell Hutchinson Irvin Johnson, A. S. Dr. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley
Knapp Knight Lambert Lambros Land
Lane
Lee, W. J. (Bill) Leonard Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin MeCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish
Peterson Phillips Pickard Rainey Reaves Reid Richardson Roach Rush Russell Savage Shields Sims Smith, G. L. II Snow Spikes Spillers Stalnaker Starnes Stewart Story Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Wells Westlake Wiggins Williams, G. J. Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Powers
Williams, W. M.
Those not voting were Messrs.:
Adams Alexander Anderson Barfield
Brown, B. D. Brown, C. Colwell Conner
Daugherty DeLong Dillon Egan
WEDNESDAY, FEBRUARY 9, 1966
1303
Etheridge Fleming Grier Hadaway Harris, R. W. Hood
Houston Hull
Johnson, B. Lea, F. R.
Lee, W. S. McClatchey Mitchell Ross Rowland Sherman
Simkins Smith, A. B.
Smith, J. R. Smith, V. T.
Smith, W. L. Snellings Steis Stovall Sullivan Underwood
Webb Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 162, nays 2.
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 unfavorable report of the Committee on Local Affairs:
HB 296. By Messrs. Abney, Snow and Hale of the 1st and Clark of the 2nd:
A Bill to be entitled an Act to amend an Act providing for an ad ditional judge of the superior courts of the Lookout Mountain Judicial Circuit, so as to provide that such additional judge shall receive the salary supplement which the other judge of said circuit receives; and for other purposes.
Mr. Hale of the 1st moved that the House disagree with the report of the Committee, which was unfavorable to the passage of the Bill.
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
Black
\
Blalock
Brackin
Brinkley
Bryant
Byrd
Carley
Clarke, H. G. Clark, J. T. Cook Cox Crowe Dailey Davis Doster Egan Etheridge
Gaissert Gary Gaynor Gignilliat Grahl Hale Hamilton Harrell Henderson Holder
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JOURNAL OP THE HOUSE,
Howard Howell Hutchinson Johnson, A. S. Dr. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Lovell Maddox
Malone Marshall McClatchey McCracken McDaniell Mitchell Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Oglesby Paris Peterson Phillips
Reaves Richardson Roach Russell Savage Smith, W. L. Snow Steis Stovall Townsend Tucker Tye Watson Wiggins
Those voting in the negative were Messrs.:
Bean Berry Carnes Gates Dickinson Dixon Dorminy Evensen Parrar Floyd Harris, J. P. Harris, J. R. Herndon
Higginbotham Hill Houston Irvin Kiley Lane Levitas Matthews, D. R. Moore, Don C. Odom Otwell Overby Parker
Parrish Powers Shields Sims Story Thomas Thompson, R. Walling Westlake Williams, G. J. Williams, W. M. Wood
Those not voting were Messrs.:
Adams Alexander Bagby Barber Barfield Bedgood Bennett Blair Bowen Brantley Brown, B. D. Brown, C. Brown, M. P. Busbee Caldwell Carr Chandler Collins, J. F. Collins, M. Colwell
Conger Conner Daugherty Dean DeLong Dillon Dollar Drew Duncan Elliott Fleming Fulford Funk Grier Hadaway Harrington Harris, R. W. Harrison Hawkins Hood
Hull Johnson, B. Jones, C. M. Knapp Knight Lambert Lambros Land Lea, F. R. Longino Lovett Lowrey Matthews, C. Mauldin Melton Merritt Minge Mixon Moore, J. H. Nessmith, P.
WEDNESDAY, FEBRUARY 9, 1966
1305
Pafford Palmer Pickard Rainey Reid Ross Rowland Rush Sherman Simkins Smith, A. B. Smith, G. L. II
Smith, J. R. Smith, V. T. Snellings Spikes Spillers Stalnaker Starnes Stewart Sullivan Sweat Taylor Thompson, A. W.
Underwood Vaughan, D. N. Vaughn, C. R. Ware Watkins Webb Wells Wilson, J. M. Wilson, R. W. Mr. Speaker
On the motion to disagree, the ayes were 72, nays 38.
The House disagreed to the report of the Committee.
The following Bill of the House was taken up to consider a motion to take off the table:
HB 45. By Messrs. Harris of the 118th, Smith of the 90th, Hale of the 1st and Busbee of the 79th and Lambert of the 38th:
A Bill to be entitled an Act to authorize and empower the Department of Public Safety to use timing devices and radar equipment to enforce traffic ordinances and laws and safety regulations on the streets, roads, and highways of this State; and for other purposes.
Mr. Harris of the 118th moved that HB 45 be taken off the table, and be recommitted to the Committee on State of Republic for further study.
On the motion to remove from the table and recommit to the Committee, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Bean Bedgood Blair Brackin Brinkley Bryant Busbee Byrd
Carley Games Gates Chandler Clarke, H. G. Cook Dean Dollar Duncan
Etheridge Farrar Funk Gaissert Gaynor Gignilliat Hamilton Harris, J. R. Harrison
1306
Hawkins Houston Jones, C. M. Jones, G. Paul Jones, M. Kiley Knapp Lambert Lee, W. S. Levitas Lowrey Malone Marshall Matthews, C.
JOURNAL OF THE HOUSE,
Mauldin McClatchey Melton Minge Murphy Overby Palmer Paris Powers Reaves Reid Sims Smith, G. L. II Snow
Spillers Starnes Steis Stewart Story Thompson, R. Townsend Watson Wells Wiggins Williams, W. M. Wilson, R. W. Wood
These not voting were Messrs.:
Alien Barber Blalock Bowen Brown, C. Brown, M. P. Caldwell Carr Colwell Conger Conner
Crowe DeLong Dixon Dorminy Egan Evensen Fleming Gary
Grahl Hale Harrell Harrington Harris, R. W. Henderson Higginbotham Howard Howell Irvin Jordan, W. H. Lambros Land Lea, F. R. Lee, W. J. (Bill) Longino McDaniell Merritt Moore, Don C.
Moore, J. H. Newton, D. L. Peterson Russell Savage Sherman Simkins Smith, J. R. Snellings Spikes Thompson, A. W. Underwood Vaughn, C. R. Walling Ware Westlake Mr. Speaker
Those voting in the negative were Messrs,.
Adams Alexander Anderson Bagby Barfield Bennett Berry Black Brantley Brown, B. D. Clark, J. T. Collins, J. F. Collins, M. Cox
Dailey Daugherty Davis Dickinson Dillon Doster Drew Elliott Floyd Fulford Grier Hadaway Harris, J. F. Herndon
Hill Holder Hood Hull Hutchinson Johnson, A. S. Dr. Johnson, B. Jordan, Ben C. Knight Lane Leonard Lewis Lovell Lovett
WEDNESDAY, FEBRUARY 9, 1966
1307
Maddox Matthews, D. R. McCracken Mitchell Mixon NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Pafford Parker
Parrish Phillips Pickard Rainey Richardson Roach Ross Rowland Rush Shields Smith, A. B. Smith V. T. Smith, W. L.
Stalnaker Stovall Sullivan Sweat Taylor Thomas Tucker Tye Vaughan, D. N. Watkins Webb Williams, G. J. Wilson, J. M.
On the motion, the ayes were 68, nays 81.
The motion was lost.
Mr. Lambros of the 130th arose to a point of personal privilege and ad dressed 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 59. By Senators Webb of the llth, Gillis of the 20th and others:
A Bill to amend an Act relating to credit for service as a member of the General Assembly in local pension systems, approved March 6, 1962 (Ga. Laws 1962, p. 595), so as to provide that the provisions of said Act shall not apply to any person employed or elected on or after April 1, 1966; and for other purposes.
SB 60. By Senators Webb of the llth, Gillis of the 20th and others:
A Bill to amend an Act establishing the State Employees' Retirement System, approved Feb. 3, 1949 (Ga. Laws 1949, p. 138), as amended; and for other purposes.
SB 61. By Senators Webb of the llth, Gillis of the 20th and others:
A Bill to amend an Act creating the Sheriffs' Retirement Fund of Geor gia, approved April 16, 1963 (Ga. Laws 1963, p. 630), so as to change the
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JOURNAL OF THE HOUSE,
provisions relative to credit for service in the armed forces for future members; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 62. By Senator Webb of the llth, Gillis of the 20th and others:
A Bill to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640) as amended, so as to change the provisions relative to credit for service in the armed forces for future members; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 63. By Senators Webb of the llth, Gillis of the 20th and others:
A Bill to amend an Act creating the office of Solicitor General, Emeritus, approved Feb. 17, 1949 (Ga. Laws 1949, p. 780), as amended, so as to change the provisions relative to credit for service in the armed forces; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 64. By Senators Webb of the llth, Gillis of the 20th and others:
A Bill to amend an Act providing retirement benefits for the Clerks of the Superior Courts of Georgia, approved Feb. 15, 1962 (Ga. Laws 1952, p. 238), as amended; to provide an effective date; and for other purposes.
SB 65. By Senators Webb of the llth, Gillis of the 20th and others:
A Bill to amend an Act creating the office of Judge of the Superior Courts, Emeritus approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended; to provide an effective date; and for other purposes.
SB 66. By Senators Webb of the llth, Gillis of the 20th and others:
A Bill to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended; to provide an effective date; and for other purposes.
SB 67. By Senators Webb of the llth, Johnson of the 42nd and others:
A Bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, as amended, so as to provide for penalties and interest on funds to be remitted to the Board of Commissioners; to provide when said funds shall be delinquent; and for other purposes.
SB 102. By Senator Johnson of the 42nd:
A Bill to amend Code Title 109, relating to the incorporation and organization of trust companies, as amended, so as to change the amount
WEDNESDAY, FEBRUARY 9, 1966
1309
of paid-in capital stock required for incorporation and organization of a trust company; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the House to-wit.
HB 252. By Messrs. Rowland of the 48th, Fulford of the 67th and others:
A Bill to amend an Act known as the "Statewide Probation Act," so as to change the salary of each member of the State Board of Probation; and for other purposes.
By unanimous consent, the following Resolutions of the House were read and adopted:
HR 311. By Messrs. Lewis of the 50th, Smith of the 54th, Parker of the 55th and others:
A RESOLUTION
Congratulating Honorable A. Sid Newton, Representative, 50th District, and Mrs. Newton on becoming grandparents; and for other purposes.
WHEREAS, on February 8, 1966, a baby boy was born to Mr. and Mrs. William Downey; and
WHEREAS, Mrs. Downey is the daughter of Representative and Mrs. A. Sid Newton; and
WHEREAS, their grandson was named John William Downey.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby heartily congratulate Honorable A. Sid Newton and Mrs. Newton on becoming proud grand parents.
BE IT FURTHER RESOLVED that this body does hereby heartily congratulate Mr. and Mrs. William Downey on becoming the proud parents of John William Downey on February 8, 1966.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit apropriate copies of this resolution to Honorable A. Sid Newton and Mrs. Newton, and to Mr. and Mrs. William Downey.
HR 312. By Messrs. Clarke of the 45th, Melton and Gaissert of the 34th and others: A RESOLUTION
Relative to the Indian Springs State Park; and for other purposes.
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JOURNAL OF THE HOUSE,
WHEREAS, the Indian Springs State Park is the oldest state park in the United States; and
WHEREAS, said state park is one of the more popular and most attended state parks; and
WHEREAS, the Indian Springs State Park is centrally located in the State of Georgia, being located near the densely populated areas of the state; and
WHEREAS, many organizations use the facilities of the Indian Springs State Park for conventions and meetings, including the annual meeting of the Central of Georgia Electric Membership Corporation; and
WHEREAS, because of the popularity of this park, there is a drastic need for suitable convention facilities to be erected and maintained in said park in order to accommodate the many organizations and groups wishing to use and take advantage of this state park.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the State Parks Department is hereby urg ed to provide as quickly as possible appropriate convention facilities at the Indian Springs State Park, in order to facilitate and accommodate the many citizens of the State of Georgia who wish to use this fine facility.
HR 313. By Messrs. Jones of the 109th, Clarke of the 45th, Smith of the 3rd, Wilson of the 109th, Lee of the 35th and Stewart of the 109th:
A RESOLUTION
Urging the Georgia Delegation in the United States Congress to oppose the federalization of the unemployment insurance and employ ment security programs; and for other purposes.
WHEREAS, there is now pending in the Congress of the United States, unemployment insurance legislation for the enactment of certain Federal standards with reference to the employment security programs of the various states; and
WHEREAS, such Federal standards would drastically change the conditions of payment, the amount and duration of benefits and the qualification and disqualification of claimants; and
WHEREAS, this legislation now pending in the Congress of the United States is unjustified and is coercive upon the legislatures of this and of those of the other states and would deprive the several states of the powers which have been vested in them since the beginning of the employment security program; and
WHEREAS, the proposed law would establish tighter Federal con trol over state administration and on the employment security depart ment; and
WEDNESDAY, FEBRUARY 9, 1966
1311
WHEREAS, this bill represents additional Federal encroachment on the Federal-state contract in this area of unemployment compensation and represents a program far afield from the concepts of the original program; and
WHEREAS, the combined effect of the proposed changes would cause a substantial increase in taxes in the unemployment compensation tax payable under state law; and
WHEREAS, this bill would promote the elimination of experience rating and thereby reduce employer incentive for sound personnel practices relating to employment stabilization and record keeping; and
WHEREAS, the people of Georgia are firmly dedicated to the proposition that such responsibility in this field should not be taken away from the discretion and authority of the various state legislatures and vested in the Federal government due to the widely varying economic and other conditions which exist among the states; and
WHEREAS, this bill would conflict with many of the basic provisions which are essential to the proper implementation of the Georgia un employment compensation law.
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 federalization of the unemployment compensation system.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to submit an appropriate copy of this resolution with the seal of the House of Representatives affixed thereto to each member of the Georgia Delegation in the United States Congress.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 35. By Senators Johnson of the 38th, Maclntyre of the 40th, 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, so as to extend the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
SB 56. By Senators Broun of the 46th and Plunkett of the 30th:
A Bill to be entitled an Act to amend Code Chapter 32-5, relating to the State Superintendendent of Schools, so as to fix the compensation of the State Superintendent of Schools; and for other purposes.
Referred to the Committee on Appropriations.
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JOURNAL OF THE HOUSE,
SB 59. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd and others:
A Bill to be entitled an Act to amend an Act relating to credit for service as a member of the General Assembly in local pension systems, so as to provide that the provisions of said Act shall not apply to any person employed or elected on or after April 1, 1966; and for other purposes.
Referred to the Committee on Judiciary.
SB 60. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd and others:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to disallow credit for service as a member of the General Assembly and to change the provisions relative to credit for service in the armed forces for future members; and for other purposes.
Referred to the Committee on Judiciary.
SB 61. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd and others:
A Bill to be entitled an Act to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to change the provisions relative to credit for service in the armed forces for future members; and for other purposes.
Referred to the Committee on Judiciary.
SB 62. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd and others:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to credit for service in the armed forces for future members; and for other purposes.
Referred to the Committee on Education.
SB 63. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd and others:
A Bill to be entitled an Act to amend an Act creating the office of Solicitor General, Emeritus, so as to change the provisions relative to credit for service in the armed forces; and for other purposes.
Referred to the Committee on Judiciary.
SB 64. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd and others:
A Bill to be entitled an Act to amend an Act providing retirement benefits for the Clerks of the Superior Courts of Georgia, so as to change
WEDNESDAY, FEBRUARY 9, 1966
1313
the provisions relative to credit for service in the armed forces for future members; and for other purposes.
Referred to the Committee on Judiciary.
SB 65. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd and others:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts, Emeritus, so as to disallow credit for service as a member of the General Assembly; and for other purposes.
Referred to the Committee on Judiciary.
SB 66. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd and others:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide for payment of employer and em ployee contributions in order to obtain credit for out-of-State teaching service by future members; and for other purposes.
Referred to the Committee on Education.
SB 67. By Senators Webb of the llth, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to provide for penalties and interest on funds to be remitted to the Board of Commissioners; and for other purposes.
Referred to the Committee on Judiciary.
SB 76. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act known as "Eminent DomainCondemnation Proceedings Before a Special Master", so as to provide a method of perfecting service on non-residents; and for other purposes
Referred to the Committee on Judiciary.
SB 83. By Senators Wesberry of the 34th, Rowan of the 8th, Searcey of the 2nd and others:
A Bill to be entitled an Act providing the procedure for statements of fiscal explanation to accompany legislation expending or decreasing the expenditure of any State funds; and for other purposes.
Referred to the Committee on Appropriations.
1314
JOURNAL OF THE HOUSE,
SB 97. By Senators Edenfield of the 4th, Kilpatrick of the 44th, Hall of the 52nd and others:
A Bill to be entitled an Act to provide that the campus policemen and other security personnel of the University System of Georgia who are regular employees of said system shall have the power to make arrests for offenses committed upon any property under the jurisdiction of the Board of Regents of the University System of Georgia; and for other purposes.
Referred to the Committee on University of Georgia.
SB 102. By Senator Johnson of the 42nd:
A Bill to be entitled an Act to amend Code Title 109, relating to the incorporation and organization of trust companies, so as to change the amount of paid-in capital stock required for incorporation and organiza tion of a trust company; and for other purposes.
Referred to the Committee on Banks and Banking:
SB 109. By Senators Rowan of the 8th and Carter of the 14th:
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 minimum sum in determining the funds needed by local units of administration for the maintenance, operation and sick leave expenses not otherwise provided in said Act; and for other purposes.
Referred to the Committee on Education.
SB 126. By Senator Kilpatrick of the 44th:
A Bill to be entitled an Act to amend Code Section 59-120 relating to the compensation of jurors and court bailiffs, so as to change the maximum amount allowable for court bailiffs; and for other purposes.
Referred to the Committee on Judiciary.
SB 133. By Senators Webb of the llth and Jackson of the 16th:
A Bill to be entitled an Act to amend an Act establishing a merit system of personnel administration for state employees, so as to authorize the State Highway Department to extend merit system coverage to em ployees in the State Highway Department not presently covered under said system; and for other purposes.
Referred to the Committee on Highways.
SB 138. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act entitled the "Motor Vehicle Certificate of Title Act", so as to provide for the destruction of certain motor vehicle manufacturers' serial plates and the admissibility in evi-
WEDNESDAY, FEBRUARY 9, 1966
1315
dence of records reflecting the destruction of such plates; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 139. By Senators Tribble of the 3rd, Webb of the llth, Carter of the 14th and others:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, revocation, suspension, and renewal of driver licenses, so as to increase the minimum age re quired for an operator's class driver license; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 164. By Senators Sanders of the 41st, Wesberry of the 37th, Moore of the 31st and others:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Inter-state compact on mental health"; and for other purposes.
Referred to the Committee on Welfare.
SB 183. By Senators Webb of the llth, Smith of the 18th, Gillis of the 20th and Rowan of the 8th:
A Bill to be entitled an Act to create Fiscal Affairs Sub-committees of the Senate and the House of Representatives; and for other purposes.
Referred to the Committee on Rules.
SB 187. By Senators Wesberry of the 37th, Salome of the 36th, 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 the city limits; and for other purposes.
Referred to the Committee on Local Affairs.
The Speaker announced the House recessed until 2:00 o'clock this afternoon.
AFTERNOON SESSION
The Speaker called the House to order.
Under the general order of business established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
1316
JOURNAL OF THE HOUSE,
HB 443. By Messrs. Wiggins of the 32nd, Gary of the 35th and Malone of the 117th:
A Bill to be entitled an Act to amend an Act providing the procedure for extending social security coverage to the employees of the State of Georgia, as amended, so as to provide that "political subdivision" shall include the Georgia Municipal Association for the purposes 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 Adams Alexander Anderson Bagby Barber Bean Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Byrd Carley Games Gates Clarke, H. G. Clark, J. T. Collins, J. F. Conger Conner Cook Cox Crowe Dailey Daugherty Davis Dean DeLong
Dickinson Dillon Dixon Dollar Drew Egan Elliott Etheridge Evensen Farrar Floyd Fulford Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harrison Herndon Hill Holder Hood Houston Howard Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jordan, Ben C.
Jordan, W. H. Kiley Knapp Knight Lambert Lambros Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Matthews, D. R. McDaniell Melton Merritt Minge Mixon Moore, J. H. Murphy Newton, A. S. Oglesby Otwell Pafford Palmer Paris Parker Pickard Powers Rainey
Reid Richardson Rush Russell Savage Sherman Shields Sims Simkins Smith, J. R. Smith, W. L.
WEDNESDAY, FEBRUARY 9, 1966
1317
Snellings Snow Spikes Spillers Starnes Story Stovall Sweat Taylor Thomas Thompson, R.
Townsend Tucker Tye Watson Webb Wells Westlake Wiggins Williams, G. J. Wilson, J. M. Wilson, R. W.
Those not voting were Messrs.:
Alien Barfield Bowen Brantley Bryant Busbee Caldwell Carr Chandler Collins, M. Colwell Dorminy Doster Duncan Fleming Funk Hale Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Henderson
Higginbotham Howell Irvin Jones, C. M. Jones, M. Land Lane Lea, F. R. Lovett Maddox Mauldin McClatchey McCracken Mitchell Moore, Don C. NeSmith, J. D. Nessmith, P. Newton, D. L.
Odom Overby Parrish Peterson
Phillips Reaves Roach Ross Rowland Smith, A. B. Smith, G. L. II Smith, V. T. Stalnaker Steis Stewart Sullivan Thompson, A. W. Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Williams, W. M. Wood Mr. Speaker
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 283. By Mr. Pickard of the 112th:
A Bill to be entitled an Act to amend Code Section 34-1006, relating to qualification of candidates, so as to provide that if a person qualifies for party nomination and no other person qualifies against him by the end of the qualifying period, such person shall be declared the nominee of the party without the necessity of keeping the polls open in the District; and for other purposes.
1318
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Anderson Bagby Barber Bean Bedgood Berry Black Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Bryant Byrd Car ley Carnes Gates Clarke, H. G. Clark, J. T. Collins, J. F. Conger Conner Cook Cox Crowe Dailey Daugherty Da vis DeLong Dickinson Dillon Dixon Dollar Drew Elliott Etheridge Evensen Farrar Fleming Floyd Fulford
Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrison Henderson Higginbotham Hill Holder Hood Houston Howard Hutchinson Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambert Land Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Maddox M alone Marshall Matthews, C. Matthews, D. R. Merritt
Minge Moore, J. H. Newton, A. S. Newton, D. L. Oglesby Otwell
Overby Pafford Palmer Paris Parker Pickard Powers Rainey Reid Richardson Ross Russell Savage Sherman Shields Sims Simkins Smith, W. L. Snellings Snow Spikes Spillers Starnes Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Walling Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Wilson, J. M. Wilson, R. W.
WEDNESDAY, FEBRUARY 9, 1966
1319
f
Those not voting were Messrs.:
Alien Barfield Bennett
Bowen Brown, M. P. Busbee Caldwell Carr Chandler Collins, M. Colwell Dean Dorminy Doster Duncan Egan Funk Hale Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawkins
Herndon Howell Hull
Irvin Johnson, B. Jones, C. M. Lambros Lane Lea, F. R. Lovell Lovett Lowrey Mauldin McClatchey McCracken McDaniell Melton Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P.
Odom Parrish Peterson
Phillips Reaves Roach Rowland Rush Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Stalnaker Steis Sullivan Underwood Vaughan, D. N. Vaughn, C. R. Ware Williams, W. M. Wood Mr. Speaker
On the passage of the Bill, the ayes were 136, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Under the general order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration:
HB 110. By Messrs. Bean of the 119th, Lee of the 79th, Harris of the 118th and Busbee of the 79th:
A Bill to be entitled an Act to amend Code Chapter 23-11, relating to the office of county surveyor, so as to provide certain qualifications for the position of county surveyor with an office or facilities; and for other purposes.
The following amendments were read and adopted:
Mr. Howell of the 86th moves to amend HB 110 as follows:
By adding a new section entitled section 5 and renumbering present section 5 as section 6.
1320
JOURNAL OF THE HOUSE,
New section 5 to read as follows:
No provision of this act shall apply to any county having a popu lation of less than 17,000 inhabitants, according to the 1960 census or any future census.
Mr. Richardson of the 116th moves to amend HB 110 as follows: bystriking Section 4 in its entirety and inserting in lieu thereof the following:
The provisions of this Act shall become effective immediately, provided, however that any person currently holding the position of County Surveyor, either elected or appointed, shall not be required to meet the qualifications as enumerated under this Act so long as said person remains in position of county surveyor whether reappointed or reelected to this position.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Bagby Barber Bean Bedgood Berry Black Blair Brackin Brantley Brown, B. D. Brown, C.
Bryant Byrd Caldwell Carley Games Gates Clarke, H. G. Collins,-J. F. Conger Cook Cox
Crowe Dailey Daugherty DeLong Dillon Dixon Dollar Drew Egan Elliott Evensen Farrar Fleming Floyd
Fulford Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrison
Higginbotham Hill Hood Howard Hull Hutchinson Jones, C. M. Jones, G. Paul Jones, M. Kiley Knapp Lambros Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Leritas Lewis Malone McClatchey McCracken McDaniell Melton Merritt Mitchell Moore, J. H.
Odom Oglesby Otwell Pafford Palmer Powers Reid Richardson Ross Savage Sherman Sims
WEDNESDAY, FEBRUARY 9, 1966
1321
Simkins Smith, A. B. Smith, W. L. Snellings Spikes Stalnaker Starnes Steis Stewart Stovall Sweat Taylor
Thompson, R. Townsend Tye Walling Watkins Webb Wells Westlake Wiggins Williams, G. J. Wilson, J. M. Wilson, R. W.
Those voting in the negative were Messrs.:
Anderson Clark, J. T. Harrington Holder Houston Johnson, Dr. A. S. Johnson, B. Jordan, Ben C.
Knight Lambert Leonard Longino Marshall Minge Newton, A. S. Overby
Paris Rainey Spillers Story Thomas Tucker Watson
Those not voting were Messrs.:
Alien Barfiled Bennett Blalock Bowen Brinkley Brown, M. P. Busbee Carr Chandler Collins, M. Colwell Conner Davis Dean Dickinson Dorminy Doster Duncan Etheridge Funk
Hale Harris, J. F. Harris, J. R.
Harris, R. W. Hawkins Henderson Herndon Howell Irvin Jordan, W. H. Land Lane Lovell Lovett Lowrey Maddox Matthews, C. Matthews, D. R. Mauldin Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Parker Parrish
Peterson Phillips Pickard Reaves Roach Rowland Rush Russell Shields" Smith, G. L. II Smith, J. R. Smith, V. T. Snow Sullivan Thompson, A. W. Underwood Vaughan, D. N. Vaughn, C. R. Ware Williams, W. M . Wood Mr. Speaker.
On the passage of the Bill, as amended, the ayes were 111, nays 23.
1322
JOURNAL OP THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed, as amended.
Under the general order of business established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 423. By Messrs. Murphy of the 26th, Overby of the 16th and Pickard of the 112th:
A Bill to be entitled an Act to amend the Intangible Property Tax Act of 1955 so as to provide that the holder of a long-term note secured by real estate shall remit to the tax collector a tax on such note, and for other purposes.
Mr. NeSmith of the 43rd moved the previous question.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Anderson
Bagby Barber Black Blalock Bowen Bryant Byrd Chandler Clarke, H. G. Conger Conner Crowe Davis Dickinson Dollar Dorminy Doster Drew Egan Fulford Gary Gaynor Gignilliat Grahl Grier Hadaway
Henderson Herndon
Holder Howard Hutchinson Jones, C. M. Jordan, Ben C. Jordan, W. H. Knight Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lovell Lovett Lowrey Malone Matthews, D. R. Mauldin McClatchey McCracken McDaniell Minge NeSmith, J. D. Newton, A. S. Newton, D. L. Oglesby
Pafford Parker
Phillips Powers Reaves Richardson Roach Ross Rowland Russell Sherman Sims Simkins Smith, A. B. Smith, G. L. II Smith, W. L. Spikes Starnes Stovall Taylor Thomas Tucker Tye Ware Webb Wiggins Wilson, J. M.
WEDNESDAY, FEBRUARY 9, 1966
1323
Those voting in the negative were Messrs.:
Alexander Alien Barfield Bean Bedgood Berry Brackin Brinkley Brown, B. D. Brown, C. Car ley Games Clark, J. T. Collins, M.
Cox Daugherty Dean DeLong Dillon Dixon Duncan Elliott Evensen Fleming Floyd Gaissert
Harrington Harris, J. F. Harrison Hawkins Hill Houston Hull Johnson, Dr. A. S. Jones, G. Paul Jones, M. Knapp Lambert Lane Leonard Levitas Lewis, Marshall Matthews, C. Melton Mitchell Moore, Don C. Moore, J. H. Murphy Nessmith, P.
Otwell Overby
Palmer Paris Pickard Reid Rush
Savage Shields Smith, J. R. Smith, V. T. Snow Spillers Steis Stewart Story Sweat Thompson, A. W. Thompson, R. Townsend Walling Watkins Watson Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs. :
Abney Bennett Blair Brantley Brown, M. P. Busbee Caldwell Carr Gates Collins, J. F. Colwell Cook Dailey Etheridge Farrar
Funk
Hale Hamilton Harrell Harris, J. R. Harris, R. W. Higginbotham
Hood Howell Irvin Johnson, B.
Kiley Longino Maddox Merritt
Mixon Odom Parrish Peterson Rainey Snellings Stalnaker Sullivan Underwood Vaughan, D. N. Vaughn, C. R.
Wells Westlake Mr. Speaker
On the motion, the ayes were 83, nays 77.
The motion prevailed and the Speaker ordered the previous question.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
1324
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.:
Barfield Bennett Berry Blalock Brackin Brantley Brinkley Brown, C. Busbee Carley Clark, J. T. Conger DeLong Elliott Fleming Floyd Gary Harris, J. R.
Higginbotham Hull Johnsopn, Dr. A. S. Jones, C. M. Jones, G. Paul Knapp Lambert Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lowrey Matthews, C. Matthews, D. R. Minge Mitchell Murphy Newton, D. L.
Overby Paris Parker Pickard Reid Richardson Smith, V. T. Spillers Starnes Steis Stewart Story Walling Watson Wiggins Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Adams Alien Anderson Bagby Barber Bean Black Blair Bo wen Bryant Byrd Games Carr Gates Chandler Clarke, H. G. Colwell Conner Cook Cox Crowe Dailey Davis Dean Dickinson Dillon Dollar
Dorminy Doster Drew Duncan Egan Evensen Fulford Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrington Harrison Hawkins Henderson Herndon Hill Holder Houston Howard Howell Hutchinson Johnson, B. Jordan, Ben C.
Jordan, W. H. Kiley Knight Lambros Land Lane Lewis Longino Lovell Lovett Malone Marshall Mauldin McClatchey McCracken McDaniell Melton Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Oglesby Otwell Pafford Palmer
Phillips Powers Reaves Roach Ross Rowland Rush Russell Savage Sherman Shields Sims
WEDNESDAY, FEBRUARY 9, 1966
1325
Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Snellings Spikes Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R.
Tucker Tye Underwood Ware Watkins Webb Wells Westlake Williams, G. J. Wilson, J. M.
Those not voting were Messrs.:
Abney Alexander Bedgood Brown, B. D. Brown, M. P. Caldwell Collins, J. F. Collins, M. Daugherty Dixon Etheridge Farrar
Funk Hale Harrell Harris, J. F. Harris, R. W. Hood Irvin Jones, M. Lea, F. R. Maddox Merritt Odom
Parrish Peterson Rainey Smith, W. L. Snow Stalnaker Sullivan Townsend Vaughan, D. N. Vaughn, C. R. Mr. Speaker
On the passage of the Bill, the ayes were 54, nays 115.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Hull of the 104th gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 423.
HB 468. By Mr. Conger of the 89th:
A Bill to be entitled an Act to repeal Code Section 92-7002, providing that it shall be the duty of the State Revenue Commissioner to examine the tax digests of the several counties; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED
An Act to provide that the State Revenue Commissioner shall ex amine the tax digests of the several counties to compare said digests for
1326
JOURNAL OF THE HOUSE,
the purpose of ascertaining whether the valuation of the various classes of property for taxation purposes as made in the respective counties is reasonably uniform as between the counties; to provide for the equalization of the taxable values of property between the counties by the State Revenue Commissioner; to provide for the return of tax digests found to be unreasonably out of proportion; to provide for the correction of tax digests so returned; to repeal Code Chapter 92-70, relating to the duty of the State Revenue Commissioner to examine tax digests of the several counties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Beginning with the tax digests which are prepared for the calendar year 1967:
a. It shall be the duty of the State Revenue Commissioner to carefully examine the tax digests of the several counties filed in his office pursuant to the provisions of Code Section 92-6917, and to compare said digests for the purpose of ascertaining whether the valuation of the various classes of property as made in the respective counties for taxation purposes is reasonably uniform as between the various counties.
b. It is the purpose and intent of this Act to bring about as far as practicable an equalization throughout the state of the values of the various classes of property subject to taxation, so that the values fixed in one county shall not be out of due proportion to the values fixed in other counties for the same class of property.
c. If it shall appear to the State Revenue Commissioner that in any one or more of the counties the taxable values fixed upon any one or more classes of property are not reasonably uniform with the values fixed upon the same classes of property in other counties, the Com missioner shall investigate and inquire as to the reason therefor, and after making such investigation and comparison, shall have authority to adjust and equalize the same, either by adding a fixed per centum to the county valuation of any class of property in any county, if he finds the county valuation too low, or by deducting a fixed per centum from the county valuation if he finds the county valuation too high, as may appear to be just and right between the counties. After making such adjustments, the State Revenue Commissioner shall notify by Unit ed States mail the chairman of the county board of tax assessors of the county affected that the county valuations upon the classes of prop erty specified in said notice shall be raised or lowered by the per centum fixed by the State Revenue Commissioner, and the State Revenue Com missioner shall thereupon return to said county its tax digest for cor
rection accordingly.
Section 2. Upon the giving of notice by the State Revenue Com missioner of changes or corrections to be made in the county tax digest, it shall be the duty of the chairman of the county board of tax assessors of the county affected, to call immediately a meeting of said county board, and at said meeting the board shall correct the county valuation upon the class or classes of property specified by the State Revenue
WEDNESDAY, FEBRUARY 9, 1966
1327
Commissioner, so as to make the same conform to the findings of the Commissioner by applying uniformly to the specified class or classes of property, the fixed per centum of increase or of decrease specified by the State Revenue Commissioner and by raising or lowering all the individual returns of all the taxpayers of the county upon the specified class or classes of property accordingly.
Section 3. Code Chapter 92-70, relating to the duty of the State Revenue Commissioner to examine the tax digest of the various counties filed in his office, as amended, is hereby repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Alexander Alien Anderson Barber Barfield Bedgood Bennett Berry Black Blair Blalock Bowen Brackin Brantley Brinkley Brown, M. P. Bryant Busbee Byrd Caldwell Carley Games Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F.
Collins, M. Colwell Conger Conner Cox Crowe Dailey Daugherty Davis DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge Even sen Fleming Floyd Fulford Gaissert Grahl Grier
Hadaway Hale Harrington Harris, J. F. H&rrison Herndon Holder Hood Howell Hull Hutchinson Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Knapp Knight Lambros Land Lane Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Lovett Lowrey Malone
1328
Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Merritt Minge Mixon Moore, Don C. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Parker Phillips
JOURNAL OF THE HOUSE,
Pickard Powers Rainey Reid Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, W. L. Snellings Snow Spillers Starnes Steis Stewart
Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughn, C. R. Watson Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Adams Bean Brown, B. D. Brown, C.
Gignilliat Hawkins Howard Jones, M.
Jordan, Ben C. Longino McDaniell Wilson, J. M.
Those not voting were Messrs.:
Bagby Carr Cook Dean Farrar Funk Gary Gaynor Hamilton Harrell Harris, J. R. Harris, R. W. Henderson Higginbotham Hill Houston
Irvin Kiley Lambert Lea, F. R. Levitas Lovell Maddox Mitchell Moore, J. H. Murphy NeSmith, J. D. Odom Paris Parrish Peterson Reaves
Richardson Roach Ross Smith, J. R. Smith, V. T. Spikes Stalnaker Sullivan Vaughn, D. N. Walling Ware Watkins Westlake Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 146, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
WEDNESDAY, FEBRUARY 9, 1966
1329
Mr. Dean of the 20th requested that the Journal show him as having voted for the passage of HB 468.
HB 303. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
A Bill to be entitled an Act to amend the Sales and Use Tax Act so as to remove as one of the requirements for an exemption of the tax on machinery used in the manufacture of tangible personal property in certain plants, and for other purposes.
The following amendment was read:
Mr. Nessmith of the 64th moves to amend HB 303 by adding a paragraph to be numbered 4 (B), as follows:
"The sale of farm machinery shall have the same exemption from sales tax."
And by changing the title in the appropriate manner.
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 Anderson Bagby Barber Bedgood Black Bowen Brackin Brantley Bryant Collins, J. F. Collins, M. Conger Dean Dixon Dollar Dorminy Doster
Fulford Funk Grahl Hawkins Herndon Holder Houston Howard Johnson, B. Jones, G. Paul Knapp Knight Lane Lovett Mauldin McCracken Merritt Mitchell Mixon
NeSmith, J. D. Nessmith, P. Newton, A. S. Oglesby Pafford Rainey Reaves Russell Smith, G. L. II Smith, J. R. Stalnaker Sweat Thomas Webb Wells Williams, G. J. Wilson, J. M.
Those voting in the negative were Messrs.:
Adams Barfield Bean
Bennett Berry Blair
Brinkley Brown, B. D. Brown, C.
1330
Busbee Carley Carnes Gates Chandler Clarke, H. G. Clark, J. T. Colwell Cook Cox Crowe Dailey Daugherty Davis Dickinson Dillon Drew Egan Etheridge Evensen Farrar Floyd Gary Gaynor Gignilliat Grier Hamilton Harris, J. F. Harris, J. R.
JOURNAL OP THE HOUSE,
Harrison Hill Hood Howell Hutchinson Irvin Johnson, A. S. Dr. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Lambert Lambros Lee, W. J. (Bill) Lee, W. S. Le vitas Longino Lovell Maddox Marshall Matthews, C. McClatchey McDaniell Melton Otwell Overby Palmer Phillips Pickard
Powers Richardson Roach Rush Savage Sherman Shields Sims Smith, V. T. Smith, W. L. Spellings Snow Steis Story Taylor Thompson, A. W. Townsend Tucker Tye Vaughn, D. N. Vaughn, C. R. Walling Ware Watkins Watson Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Blalock Brown, M. P. Byrd Caldwell Carr Conner DeLong Duncan Elliott Fleming Gaissert Hadaway Hale Harrell Harrington Harris, R. W. Henderson
Higginbotham Hull Jones, C. M. Land Lea, F. R. Leonard Lewis Lowrey Malone Matthews, D. R. Minge Moore, Don C. Moore, J. H. Murphy Newton, D. L.
Odom Paris Parker
Parrish Peterson
Reid Ross Rowland Simkins Smith, A. B. Spikes Spillers Starnes Stewart Stovall Sullivan Thompson, R. Underwood Westlake Mr. Speaker
On the adoption of the amendment, the ayes were 55, nays 96.
The amendment was lost.
WEDNESDAY, FEBRUARY 9, 1966
1331
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blair Bo wen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Busbee Byrd Caldwell Car ley Games Carr Gates Chandler
Clarke, H. G. Clark, J. T. Collins, J. F. Colwell, C. Conger Cook Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dollar
Dorminy Doster Drew Duncan Egan Etheridge Evensen Farrar Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harrison
Hawkins Henderson Herndon Hill Holder Hood Houston Howard Howell Hull Hutchinson
Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C.
Jordan, W. H. Kiley Knapp
Lambert Lambros Land Lane Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Lovett Lowrey Maddox Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Mitchell Mixon Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Oglesby Otwell Overby Palmer Paris Parker Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach
1332
Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings
JOURNAL OF THE HOUSE,
Snow Spillers Stalnaker Steis Stewart Story Sweat Taylor Thompson, A. W. Townsend Tucker Tye Underwood Vaughn, C. R.
Walling Ware Watkins Watson Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Dixon
Pafford
Thomas
Those not voting were Messrs.:
Alien Blalock Bryant Collins, M. Conner Elliott Fleming Hale Harrell Harris, R. W.
Higginbotham Knight Lea, F. R. Leonard Malone Minge Moore, Don C. Newton, D. L. Odom Parrish
Ross Starnes Stovall Sullivan Thompson, R. Vaughan, D. N. Webb Mr. Speaker
On the passage of the Bill, the ayes were 172, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
HB 346. By Mr. Wilson of the 109th:
A Bill to be entitled an Act to amend Code Section 92-3106 so as to allow a personal exemption of $1,200 for each dependent of the taxpayer to be deducted from the taxpayer's net income in determining state income taxes if such dependent attends a school for the physically handicapped or mentally retarded and is not a ward of the State, and for other purposes.
The following amendment was read and adopted:
Wilson of 109th moves to amend House Bill 346 by striking from Section 1 the following:
WEDNESDAY, FEBRUARY 9, 1966
1333
"(e) to read as follows:
'(e) Twelve hundred ($1200.00) dollars for each dependent of the taxpayer who attends a school for the physically handicapped or mentally retarded and is not a ward of the state.' "
and inserting in lieu thereof the following:
"(m) to read as follows:
'(m) Twelve hundred ($1200.00) dollars exemption in lieu of the exemption provided for in sub-paragraph (d) above, for each dependent of the taxpayer who attends a school for the physically handicapped or mentally retarded and is not a ward of the state if such dependent attends such a school for not less than six (6) calendar months as a full-time student. School for the physically handicapped or mentally retarded is defined as an institution which normally maintains a regular faculty and curriculum and has a regularly organized body of students in attendance at the place where such course of instruction is given.' "
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Bowen Brackin Brinkley Brown, B. D. Brown, C. Bryant
Busbee Byrd Carley Carnes Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Cook Cox Crowe Dailey Daugherty Davis Dean
Dickinson Dillon Dixon Dollar Dorminy Doster Duncan Egan Elliott Evensen Farrar Floyd Fulford Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway
1334
JOURNAL OF THE HOUSE,
Hale Hamilton Harrington Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Houston Howard Howell Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Land Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lovett Maddox
Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Mixon Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Paris Parker Peterson Phillips Pickard Powers Reaves Reid Richardson Roach Rush Russell Savage Sherman
Shields Sims Simkins Smith, A. B. Smith, J. R. Smith, W. L. Snellings Snow Spillers Stalnaker Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Townsend Tucker Tye Underwood Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Anderson Brantley Brown, M. P. Caldwell Carr DeLong Drew Etheridge Fleming Funk Harrell Harris, J. F. Harris, J. R. Harris, R. W.
Hull Knight Lane Lea, F. R. Leonard Levitas Lowrey M alone Minge Mitchell Moore, Don C. Odom Parrish
Rainey Ross Rowland Smith, G. L. II Smith, V. T. Spikes Starnes Steis Sullivan Thompson, R. Vaughan, D. N. Ware Mr. Speaker
On the passage of the Bill, as amended, the ayes were 164, nays 0.
WEDNESDAY, FEBRUARY 9, 1966
1335
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 292. By Messrs. Newton of the 94th, Irvin of the llth and others:
A Bill to be entitled an Act to amend the Minimum Foundation Program of Education Act so as to change the minimum sum in determining the funds needed by local units of administration, and for other purposes.
The following amendment was read and adopted:
Mr. Irvin of the llth moves to amend HB 292 as follows:
Section 1 by striking the figure $850 and substituting in lieu thereof $750;
Section 13 by striking the figure $850 and substituting in lieu thereof $750.
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.:
Adams Alexander Alien Anderson Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant
Busbee Byrd Caldwell Carley Games Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Cook Cox Crowe Dailey Daugherty Davis
Dean DeLong Dickinson Dillon Dollar Dorminy Doster Duncan Elliott Etheridge Evensen Farrar Fleming Floyd Fulford Gaissert Gary Gaynor Gignilliat Grahl Grier
1336
JOURNAL OF THE HOUSE,
Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harrison Herndon Hill Holder Hood Houston Howard Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lanibros Land Lane Lee, W. J. (Bill) Levitas Lewis Longino Lovell Maddox Malone
Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Paris Parker Peterson Pickard Powers Reaves Reid Richardson Roach Rowland Rush Russell Savage
Shields Sims Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Spikes Spillers Stalnaker Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Townsend Tye Underwood Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood Mr. Speaker
Those voting in the negative were Messrs.
Abney
Hale
Lee, W. S.
Those not voting were Messrs.:
Bagby Dixon Drew Egan Funk Harrell Harris, R. W. Hawking Henderson Higginbotham
Howell Hull Lambert Lea, F. R. Leonard Lovett Lowrey McDaniell Merritt Minge
Odom Parrish Phillips Rainey Ross Sherman Smith, A. B. Snellings Snow Starnes
WEDNESDAY, FEBRUARY 9, 1966
1337
Steis Sullivan Thompson, R.
Tucker Vaughan, D. N. Ware
Wiggins Mr. Speaker
On the passage of the Bill, as amended, the ayes were 163, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Messrs. Abney and Hale of the 1st stated that they inadvertently voted "Nay".
Mr. Tucker of the 36th requested that the Journal record him as having voted for the passage of HB 292.
HB 572. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
A Bill to be entitled an Act to provide salaries for the solicitors general of the superior courts, and for other purposes.
The following substitute, offered by Mr. Harris of the 118th, was read and adopted:
A BILL
TO BE ENTITLED
An Act to provide an annual contingent expense allowance for each of the solicitors general of the superior courts; to provide for the pay ment of said allowance; to provide the procedure connected with the foregoing; to repeal specific laws; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An annual contingent expense allowance for each of the solicitors general of the superior courts shall be, and the same is hereby fixed in the sum of $3,600.00, which shall be in addition to any salary or fees received from the state.
Section 2. The annual contingent expense allowance herein pro vided and fixed shall be paid in equal monthly installments by the State Treasurer from funds appropriated or otherwise made available for the operations of the superior courts.
1338
JOURNAL OF THE HOUSE,
Section 3. An Act entitled "An Act to authorize and provide a contingent expense allowance, payable from the treasury of the State of Georgia, for the judges of the superior courts of the judicial circuits of the State of Georgia; to provide for the method of paying said sum and the amount thereof; to repeal conflicting laws; and for other pur poses.", approved February 10, 1951 (Ga. Laws 1951, p. 78), as amended by an Act entitled "An Act to authorize and provide a contingent ex pense allowance, payable from the treasury of the State of Georgia, for the judges and solicitors-general of the superior courts of the judi cial circuits of the State of Georgia; to provide for the method of paying said sum and the amount thereof; to repeal conflicting laws; to amend Act No. 99, Georgia Laws, 1951, page 78; to repeal an Act providing for certain expense allowances for solicitors-general, approved February 21, 1951 (Ga. L. 1951, p. 625) ; to provide for an effective date; and for other purposes.", approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 370), is hereby repealed in its entirety and said amendatory Act approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 370), is also repealed.
Section 4. An Act entitled "An Act to provide for the payment of not more than two thousand dollars ($2,000.00) per annum to each solicitor-general for travel expenses, subsistence, clerical help, telephone calls and other expenses; to repeal conflicting laws; and for other pur poses.", approved February 21, 1951 (Ga. Laws 1951, p. 625), is hereby repealed in its entirety.
Section 5. This Act shall become effective on July 1, 1966.
Section 6. The repeal of the Acts described in Sections 3 and 4 shall not revive or restore any Act, or part thereof, heretofore amended, repealed or superseded.
Section 7. All laws and parts of laws in conflict with this Act are 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 Adams Alexander Alien Anderson Bagby
Barber Barfield Bean Bennett Black Blair
Blalock Bowen Brown, B. D. Brown, C. Brown, M. P. Bryant
Busbee Byrd Caldwell Carley Carnes Carr Gates Clark, J. T. Collins, J. F. Collins, M. Conner Cook
Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dorminy Doster Duncan Egan Elliott Etheridge Evensen Farrar Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hamilton Harrell Harris, J. R. Harrison Hawkins Henderson Herndon
WEDNESDAY, FEBRUARY 9, 1966
1339
Higginbotham Hill Holder Hood Houston Howard Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambert Land Lane Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lovell Lovett M alone Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Mixon Moore, J. H. Newton, A. S. Oglesby Otwell Overby Pafford Palmer
Paris Parker Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Rowland Russell Savage Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snow Spillers Stalnaker Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Walling Ware Watson Wells Westlake Wilson, J. M. Wilson, R. W. Wood
Voting in the negative was Mr. W. M. Williams.
Those not voting were Messrs.:
Bedgood Berry Brackin
Brantley Brinkley Chandler
Clarke, H. G. Colwell Conger
1340
Dixon Dollar Drew Hadaway Hale Harrington Harris, J. F. Harris, R. W. Howell Hull Lambros Lea, F. R. Lowrey
JOURNAL OF THE HOUSE,
Maddox Matthews, D. R. Minge Mitchell Moore, Don C. Murphy NeSmith, J. D. Nessmith, P.
Newton, D. L.
Odom Parrish
Ross Rush
Sherman Snellings Spikes Sullivan Townsend Vaughan, D. N. Vaughn, C. R. Watkins
Webb
Wiggins Williams, G. J.
Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 156, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 324. By Messrs. Newton of the 94th, Marshall of the 39th and others:
A Bill to be entitled an Act to amend the Structural Pest Control Act, and for other purposes.
By unanimous consent, further consideration of HB 324 was postponed until February 10, 1966.
Mr. Floyd of the 7th moved that the following Bill of the House be re committed :
HB 296. By Messrs. Abney, Snow and Hale of the 1st and Clark of the 2nd:
A Bill to be entitled an Act to amend an Act providing for an additional judge of the superior courts of the Lookout Mountain Judicial Circuit, and for other purposes.
The motion to recommit was lost.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and recommitted to the Committee on Special Ju diciary :
WEDNESDAY, FEBRUARY 9, 1966
1341
HB 657. By Messrs. Barber of the 24th, Wiggins of the 32nd and others:
A Bill to be entitled an Act to provide for equal pay for both males and females for comparable work, and for other purposes.
By unanimous consent, the following Bill of the House was taken from the Calendar and recommitted to the Committee on Local Affairs:
HB 542. By Messrs. Richardson and Funk of the 116th and others:
A Bill to be entitled an Act to amend Code Section 47-101 so as to change the method of apportioning membership in the House of Representatives for Chatham County, and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 73. By Mr. Spillers of the 37th:
A Bill to be entitled an Act to amend the charter of the City of Covington, and for other purposes.
The following Senate amendment was read:
Senator Pennington of the 45th moves to amend HB 73 as follows:
By striking from subsection (k) which is quoted in Section 1 the words:
"the sum of double the amount of", and inserting in lieu thereof the words and figures;
"a sum equal to ten (10%) per cent of the".
Mr. Spillers of the 37th moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 73 was agreed to.
Mr. Busbee of the 79th moved that the House do now adjourn until 9:30 o'clock tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.
1342
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Thursday, February 10, 1966
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. T. C. Burrell, Pastor Preston and Western Churches, Webster County, Georgia.
By unanimous consent, the reading of the Journal was dispensed with.
Mr. Black of the 56th, 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 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.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for Thursday, February 10, 1966, and submits the following:
HB
30. Sentence imposed, Jury trial
HB
33. County officers, Grand Jury indictment
HB 170. Board of Barbers, membership
THURSDAY, FEBRUARY 10, 1966
1343
HB 193. Commercial Feed Stuff, inspection fee HB 206. Insurance, capital required HB 222. Vehicle license tax, trucks HB 231. County business, licenses HB 2S2. Divorce cases, petition HB 264. Divorce, temporary alimony hearing HB 270. Eminent Domain, Non-Resident HB 272. Eminent Domain, Service HB 273. Eminent Domain, Service HB 296. Lookout Mountain Circuit, Judge HB 314. Sales Tax, used utilities HB 324. Structural pest control, amend (Postponed) HB 337. Banks, taxation of shares HB 475. N.E. Judicial Circuit, Additional Judge HB 478. Members General Assembly, per diem HB 495. Motor Vehicle, Flash lights HB 509. Water Resources and Planning Act HB 537. Cordele Judicial Circuit, Solicitor Salary HB 557. Grand Juries, inspect orphanage HB 558. Hotel Keepers, Keep life boats HB 561. Motor Vehicle, Driver under influence HB 579. Hospital Authorities, Revenues HB 603. Stone Mountain Circuit, Assistant Solicitor HB 631. Judge Blue Ridge Circuit, Supplement Salary HB 637. Fulton Judge, Emeritus Office Space HB 645. Rome Judicial Circuit, Solicitor Salary HB 653. State Officers, Mileage Allowances HB 664. Appropriations, Game and Fish Commission HB 691. Appropriations, Board of Corrections HR 23- 44. Compensate, Clayton Ramey HR 34- 48. Board of Education, election HR 78-132. Convey Property, City of Douglas HR 93-165. Compensate, Den M. Acres, Jr. HR 166-371. Voter Registration, Residency (Reconsidered)
1344
JOURNAL OF THE HOUSE,
HR 167-375. First Cavalry Division, monument HR 177-385. Compensate, Mr. & Mrs. Samuel C. Williams HR 192-412. Compensate, William Brock HR 189-407. Compensate, Dessie Kea HR 227-480. Compensate, William T. Bell HR 229-494. Compensate, Joe Bunch HR 230-494. Compensate, William Walraven HR 231-494. Compensate, Easter Faye Garrett HR 244-517. Declaring certain property Surplus HR 249-529. Compensate, Alan Vaughter HR 260-557. Compensate, Clyde Glore HR 251-534. Compensate, J. W. Keith HR 252-534. Compensate, Daniel Sailors HR 259-557. Compensate, A. L. Hyde HR 282-607. State Agencies, Federal Funds HR 285-636. Convey property, Jenkins County HR 287-650. Harbors Development Commission, Create
The Speaker shall have the right to call the above Bills and Reso lutions in any order which he may desire.
Respectfully submitted, Busbee of the 79th, Vice-Chairman.
By unanimous consent, the following Bills and Resolutions were introduced, read the first time and referred to the Committees:
HB 699. By Mr. Jones of the 112th:
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 the State Board of Education is authorized to grant grants-in-aid and scholar ships; and for other purposes.
Referred to the Committee on Education.
THURSDAY, FEBRUARY 10, 1966
1345
HR 300-699. By Mr. Jones of the 112th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the granting of grants-in-aid and scholarships to the teachers in the several county school systems, and other schools over which the State Board of Edu cation may exercise any jurisdiction; and for other purposes.
Referred to the Committee on Education.
HR 301-699. By Mr. Lambert of the 38th:
A Resolution creating an interim study committee on traffic safety; and for other purposes.
Referred to the Committee on Rules.
HR 302-699.By Mr. Fulford of the 67th:
A Resolution creating an interim committee to study the advisability and feasibility of establishing a statewide plumbing code and a state wide electrical code; and for other purposes.
Referred to the Committee on Rules.
HB 700. By Messrs. Melton and Gaissert of the 34th:
A Bill to be entitled an Act authorizing and fixing the salaries and compensation of the Commissioners of Roads and Revenues of Spalding County, so as to fix the compensation of the Chairman and mem bers; and for other purposes.
Referred to the Committee on Local Affairs.
HB 701. By Messrs. Lane of the 64th, Parker of the 55th, Spikes of the 42nd, McDaniell of the 101st, Reaves of the 99th and others:
A Bill to be entitled an Act to amend an Act relating to safeguards for workmen on building construction and to regulate scaffolding, pulleys, hoists, etc., used on such construction, so as to change the coverage from counties having a population of 200,000 or more to all counties; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 702. By Messrs. Snellings of the 104th, McCracken of the 49th, Sherman of the 105th, Shields of the lllth and Tucker of the 36th:
A Bill to be entitled an Act to amend an Act which authorized the acceptance of cash bonds from persons charged with violation of traffic laws, so as to authorize municipal law enforcement officers to accept cash bonds in cases involving traffic violations occurring inside the corporate limits of municipalities; and for other purposes.
Referred to the Committee on Judiciary.
1346
JOURNAL OF THE HOUSE,
HB 703. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to amend an Act incorporating- the City of Ocilla, 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.
!1B 704. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Vidalia, so as to change the corporate limits of said City of Vidalia; and for other purposes.
Referred to the Committee on Local Affairs.
HB 705. By Messrs. Lee, Gary and Harrell of the 35th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Clayton County, so as to provide that the vice chairman of said commission shall have the authority and duty of the chairman and shall carry out the duties of the chairman in the event the chairman is temporary absent from the county or incapacitated; and for other purposes.
Referred to the Committee on Local Affairs.
HB 706. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Henderson and Wilson of the 102nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, so as to increase the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 707. By Messrs. Harrell, Lee and Gary of the 35th:
A Bill to be entitled an Act to amend an Act of the General Assembly approved March 7, 1955, so as to provide that said Clayton County Water Authority will have the right of eminent domain and to further define the powers and duties of said Board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 708. By Messrs. Malone, Palmer, Carley and Vaughn of the 117th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, so as to change the date on which taxes are due; and for other purposes.
Referred to the Committee on Local Affairs.
THURSDAY, FEBRUARY 10, 1966
1347
HB 709. By Messrs. Carnes of the 129th, Adams of the 125th, Lambros of the 130th, Hawkins of the 139th, Lea of the 126th and others:
A Bill to be entitled an Act to provide in all counties having a popula tion of 500,000 or more a method of payment to judges of the Superior Court Emeritus who are requested to serve in such counties; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 309-709. By Mr. Chandler of the 47th:
A Resolution to authorizing the acceptance of the bid of Sonoco Products Company, to lease 1.22 acres of State-owned property in Pulton County, Georgia, and to direct the Chairman of the State Properties Control Commission to execute the attached lease on behalf of the State Proper ties Control Commission; and for other purposes.
Referred to the Committee on State Institutions & Property.
HR 310-709. By Mr. Palmer of the 117th:
A Resolution creating an interim study committee relating to the com pensation and expenses received by the elected and appointed officials of the Executive Branch of Government; and for other purposes.
Referred to the Committee on Rules.
HB 710. By Mr. Doster of the 73rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lumber City, so as to change the hours for which the polls shall remain open on election days; to provide for voting machines; and for other purposes.
Referred to the Committee on Local Affairs.
HB 711. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend an Act incorporating the City of Riceboro, so as to change the date on which municipal elections are conducted; and for other purposes.
Referred to the Committee on Local Affairs.
HB 712. By Mr. Jones of the 76th:
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 authorize the sale of distilled spirits or alcoholic beverages for beverage purposes on the premises in certain counties and munici palities; and for other purposes.
Referred to the Committee on Local Affairs.
1348
JOURNAL OF THE HOUSE,
HB 713. By Mr. Steis of the 100th:
A Bill to be entitled an Act to provide a new charter for the Town of Geneva; and for other purposes.
Referred to the Committee on Local Affairs.
HB 714. By Messrs. Herndon of the 74th, NeSmith of the 43rd and Reaves of the 99th:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the levy of tax and exemptions on all distributors of motor fuel and/or kerosene, so as to remove the provisions relating to the tax on kerosene; and for other purposes.
Referred to the Committee on State of Republic.
HB 715. By Mr. Fleming of the 106th:
A Bill to be entitled an Act to amend an Act entitled "The Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide a further exemption from the imposition of said tax with respect to a sale or transfer of property between a subsidiary and a parent corpora tion; and for other purposes.
Referred to the Committee on Ways and Means.
HB 716. By Mr. Rainey of the 69th:
A Bill to be entitled an Act to amend an Act establishing a State Em ployees' Retirement System, so as to provide for inclusion as service credits service rendered after age sixty-five until a maximum of twentyfive years' service is reached; and for other purposes.
Referred to the Committee on Judiciary.
HB 717. By Messrs. Sherman of the 105th, Simkins of the 106th, Snellings of the 104th, Fleming of the 106th and DeLong of the 105th:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to provide an alternative form of retirement pension authorizing a permanent employee to receive a reduced pension for his lifetime in consideration of the payment of his spouse after his death of a pension equal to one-half of the employee's reduced pension; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 718. By Messrs. Sherman of the 105th, Simkins of the 106th, Snellings of the 104th, Fleming of the 106th and DeLong of the 105th:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to provide a further alternative form of retirement allowance; and for other purposes.
Referred to the Committee on Local Affairs.
THURSDAY, FEBRUARY 10, 1966
1349
HB 719. By Messrs. Sherman of the 105th, Simkins of the 106th, Snellings of the 104th, Fleming of the 106th and DeLong of the 105th:
A Bill to be entitled an Act to amend the charter of the City of Augusta, relating to reduced pensions; and for other purposes.
Referred to the Committee on Local Affairs.
HR 314-719. By Mr. Palmer of the 117th:
A Resolution creating an interim study committee to study the com pensation and expenses and the retirement, pension and emeritus pro grams of the justices and judges who receive all or any part of their compensation from the State of Georgia; and for other purposes.
Referred to the Committee on Rules.
HR 315-719. By Messrs. Mitchell of the 3rd, Jones of the 76th, Howard of the 101st, Maddox of the 8th and Abney of the 1st:
A Resolution creating a committee to study salaries, retirement, and pension program, case load distribution and other matters relative to the Superior Court System in Georgia; and for other purposes.
Referred to the Committee on Judiciary.
HR 316-719. By Mr. Anderson of the 71st:
A Resolution proposing an amendment to the Constitution so as to create the Pulaski County-Hawkinsville Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HR 317-719. By Mr. Harris of the 118th:
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.
HR 318-719. By Messrs. Levitas of the 118th, Thompson of the lllth, Gary of the 35th, Bean of the 119th, Egan of the 141st and others:
A Resolution proposing an amendment to the Constitution so as to pro vide for the apportionment of the Senate and House of Representa tives; and for other purposes.
Referred to the Committee on Rules.
1350
JOURNAL OF THE HOUSE,
HR 319-719. By Mr. Anderson of the 71st:
A Resolution proposing an amendment to the Constitution so as to create the Bleckley-Cochran Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 720. By Messrs. Story and Watson of the 22nd:
A Bill ot be entitled an Act to amend an Act creating a new charter for the City of Norcross, so as to change the compensation of the Mayor, Mayor pro tern, and councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 721. By Messrs. Story and Watson of the 22nd:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners of Gwinnett County, so as to change the com pensation of County commissioners; and for other purposes.
Referred ot the Committee on Local Affairs.
HR 320-721. By Messrs. Story and Watson of the 22nd:
A Resolution proposing an amendment to the Constitution so as to create a five-member Board of Commissioners of Roads and Revenues for Gwinnett County and to provide for a county manager form of government; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the rules of the House were suspended in order that the following Bills and Resolutions of the House might be introduced, read the first time and referred to the Committees:
HB 734. By Mr. Bagby of the 21st:
A Bill to be entitled an Act creating a new Charter for the City of Dallas, so as to provide for the establishment of a recorder's court, create the office of recorder and provide for the jurisdiction of such office and the powers, duties, appointment, removal and compensation of the recorder; and for other purposes.
Referred to the Committee on Local Affairs.
HB 735. By Mr. Bagby of the 21st:
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 tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
THURSDAY, FEBRUARY 10, 1966
1351
HB 736. By Mr. Thomas of the 77th:
A Bill to be entitled an Act to place the ordinary of Wayne County on a salary system in lieu of a fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 737. By Mr. Thomas of the 77th:
A Bill to be entitled an Act to place the tax commissioner of Wayne County on a salary basis in lieu of a fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 738. By Mr. Thomas of the 77th:
A Bill to be entitled an Act to amend an Act incorporating and creat ing a new charter for the City of Jesup in Wayne County, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 739. By Messrs. Fleming and Simkins of the 106th, Snellings and Hull of the 104th, and Sherman of the 105th:
A Bill to be entitled an Act to provide for the appointment of and the salary for the Executive Secretary and Calendar Clerk to the Judge or Judges presiding in civil matters, as presiding in civil matters, as distinguished from domestic relations and criminal matters, of the Supe rior Courts in counties having a population of not less than 135,000 nor more than 140,000; and for other purposes.
Referred to the Committee on Local Affairs.
HB 740. By Messrs. Fleming and Simkins of the 106th, DeLong and Sherman of the 105th, Snellings and Hull of the 104th:
A Bill to be entitled an Act to amend an Act placing certain of the officers of certain counties on a salary in lieu of the fee system, so as to change the maximum compensation to be paid certain employees of certain officers in such counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 741. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A Bill to be entitled an Act to amend an Act providing for assistants in the office of the solicitor-general of certain counties, so as to change the compensation of the stenographer-clerks of said court in such coun ties; and for other purposes.
Referred to the Committee on Local Affairs.
1352
JOURNAL OP THE HOUSE,
HB 742. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of a secretary to serve the judges of the city courts in certain counties, so as to change the compensation of the secretary in such counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 743. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of a clerk for the office of solicitor of the city court of certain counties, so as to change the compensation of the clerk in such counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 744. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of an assistant solicitor of the city court of certain counties, so as to change the compensation of the assistant solicitor in such counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 745. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A Bill to be entitled an Act to establish and create the office of Build ing Inspector for Richmond County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 754. By Messrs. Sherman and DeLong of the 105th, Fleming of the 106th and Snellings of the 104th:
A Bill to be entitled an Act to amend an Act providing a permanent county employees' pension fund for permanent employees of the Board of Commissioners of Roads and Revenues for Richmond County, so as to provide for certain optional additional benefits; and for other pur poses.
Referred to the Committee on Local Affairs.
HR 325-754. By Messrs. Williams, Overby and Wood of the 16th:
A Resolution proposing an amendment to the Constitution to provide for the granting of scholarships to personnel to take under-graduate nursing training in the mental health field; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
THURSDAY, FEBRUARY 10, 1966
1353
HB 755. By Mr. Conner of the 91st:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Bacon County, so as to change the compensation of the chairmen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 756. By Mr. Conner of the 91st:
A Bill to be entitled an Act to enable Bacon County and the City of Alma to establish a joint planning commission to make and amend an overall plan, and to otherwise promote the orderly growth and develop ment of the county and city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 757. By Mr. Conner of the 91st:
A Bill to be entitled an Act to create and incorporate the City of Denton, in the County of Jeff Davis, and grant a charter to that munici pality under that name and style; 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 658. By Mr. Stovall of the 17th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Banks County, so as to provide that all purchases of supplies and materials for county purposes shall be purchased through a purchasing agent; and for other purposes.
HR 288-658. By Mr. Johnson of the 25th:
A Resolution proposing an amendment to the Constitution so as to authorize Elbert County to establish and maintain a program of recrea tion for the citizens of Elbert County; and for other purposes.
HR 289-658. By Mr. Leonard of the 3rd:
A Resolution proposing an amendment to the Constitution so as to create the Murray County Industrial Development Authority; and for other purposes.
HB 659. By Mr. Moore of the 20th:
A Bill to be entitled an Act declaring teaching a profession with all the rights, responsibilities and privileges accorded other legally recog nized professions; and for other purposes.
1354
JOURNAL OF THE HOUSE,
HB 660. By Mr. Blair and Mrs. Merritt of the 68th:
A Bill to be entitled an Act to amend an Act creating the City Court of Americus, so as to increase the compensation of the judge and solici tor of said court; and for other purposes.
HB 661. By Mr. Blair and Mrs. Merritt of the 68th:
A Bill to be entitled an Act to amend an Act creating a system of retire ment for employees of the City of Americus, so as to change the maxi mum monthly retirement benefit; and for other purposes.
HB 662. By Mr. Blair and Mrs. Merritt of the 68th:
A Bill to be entitled an Act to amend an Act consolidating the several Acts granting corporate authority to the City of Americus, so as to authorize the Mayor and City Council of Americus to tax all places of business within said city; and for other purposes.
HB 663. By Mr. Blair and Mrs. Merritt of the 68th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Sumter County upon an annual salary, so as to increase the compensa tion of the ordinary; and for other purposes.
HB 665. By Messrs. Fleming and Simkins of the 106th, Snellings of the 104th, Sherman and DeLong of the 105th:
A Bill to be entitled an Act to amend the Charter of the City of Au gusta, so as to provide that the effective date on which one or more of the territories described in said charter amendment, shall become a part of the City of Augusta shall be on January 1 of the year fol lowing the year in which the said charter amendment of 1953 is rati fied by a majority of the voters; and for other purposes.
HB 666. By Messrs. Lewis and Newton of the 50th:
A Bill to be entitled an Act to amend an Act incorporating the Baptist Church at Buckhead in the County of Burke, so as to vest legal title of the Baptist Church at Buckhead in Burke County, in the Hepzibah Baptist Association; and for other purposes.
HB 667. By Mr. Black of the 56th:
A Bill to be entitled an Act to fix the compensation of the county treasurer of all counties having a certain population; and for other purposes.
THURSDAY, FEBRUARY 10, 1966
1355
HB 668. By Mr. Russell of the 92nd:
A Bill to be entitled an Act to amend an Act creating fire protection districts in Thomas County, so as to include certain additional land lots within the boundaries of fire district No. 2; and for other purposes.
HB 669. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act establishing the City Court of Reidsville, so as to change the method of compensating the solicitor of said court; and for other purposes.
HB 670. By Mr. Rush of the 75th: A Bill to be entitled an Act to abolish the present mode of compensating the clerk of the superior court of Tattnall County, known as the fee system; and for other purposes.
HB 671. By Mrs. Merritt of the 68th, and Mrs. Hamilton of the 137th:
A Bill to be entitled an Act to amend an Act creating the Georgia Art Commission, so as to expand the scope of the Georgia Art Commission to include performing arts; and for other purposes.
HB 672. By Messrs. Henderson and Wilson of the 102nd, Jordan of the 103rd, Howard of the 101st:
A Bill to be entitled an Act to amend an Act providing for the district ing of Cobb County into fire prevention districts, so as to provide for the creation of a board of fire commissioners of each fire prevention district in Cobb County; and for other purposes.
HB 673. By Messrs. Farrar, Harris, Levitas and Walling of the 118th, Vaughn and Carley of the 117th:
A Bill to be entitled an Act to establish the "DeKalb County Local Government Commission"; and for other purposes.
HB 674. By Messrs. Snow and Abney of the 1st, and Mitchell of the 3rd:
A Bill to be entitled an Act to amend an Act defining certain agricul tural terms, so as to include in said definition container grown prod ucts; and for other purposes.
HB 675. By Messrs. Lane and Nessmith of the 64th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Statesboro, so as to change the terms of the mayor and councilmen; and for other purposes.
1356
JOURNAL OP THE HOUSE,
HB 676. By Mr. Dailey of the 66th:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the sheriff of Randolph County, known as the fee system, so as to change the compensation of the deputy sheriff of Randolph County; and for other purposes.
HB 677. By Messrs. Steis of the 100th and Minge of the 13th:
A Bill to be entitled an Act to amend an Act reorganizing the State Department of Law, so as to provide for the reimbursement of the Attorney General for expense incurred in the performance of his duties; and for other purposes.
HB 678. By Mr. Herndon of the 74th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues in Appling County, so as to provide that the members of said Board shall be elected from their respective commissioner district rather than by the voters of the entire county; and for other purposes.
HB 679. By Mr. Herndon of the 74th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Baxley, so as to provide that the limitation on the power of the City of Baxley to levy and collect taxes shall not affect the levy and collection of taxes to pay bonded indebtedness incurred under the provisions of the Constitution and evidenced by bonds vali dated prior to the effective date; and for other purposes.
HR 290-679. By Mr. Herndon of the 74th:
A Resolution proposing an amendment to the Constitution so as to create the Appling County Industrial Development Authority; and for other purposes.
HR 291-679. By Mr. Roach of the 15th:
A Resolution proposing an amendment to the Constitution so as to create the Cherokee County Development Authority; and for other purposes.
HR 292-679. By Mr. Underwood of the 61st:
A Resolution proposing an amendment to the Constitution so as to exempt from all ad valorem taxes, except for school purposes, all property and improvements thereon, which property is held under lease from the State or any instrumentality thereof and which is located on an island owned by the State and under the jurisdiction of an Authority created by the General Assembly; and for other purposes.
THURSDAY, FEBRUARY 10, 1966
1357
HR 293-679. By Messrs. Malone, Carley, Vaughn and Palmer of the 117th, Evensen, Westlake, Higginbotham and Bean of the 119th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the governing authority of DeKalb County shall reimburse the municipalities located wholly within DeKalb County for 30% of the cost of maintaining the police forces of such municipalities; and for other purposes.
HR 294-679. By Mr. Hill of the 121st:
A Resolution proposing an amendment to the Constitution so as to provide that no bill other than a bill raising revenue or appropriating money shall be passed by either House of the General Assembly in the calendar year in which it is introduced; and for other purposes.
HB 680. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Portal, so as to change the date of municipal elections; and for other purposes.
HB 681. By Messrs. Wilson of the 109th and Bagby of the 21st:
A Bill to be entitled an Act to provide for the maximum hours of work allowable for certain full time paid firemen; and for other purposes.
HB 682. By Mr. Westlake of the 119th:
A Bill to be entitled an Act to amend Code Chapter 81-2, relating to process and service thereof, so as to provide that a court may exercise personal jurisdiction over any non-domiciliary of the State; and for other purposes.
HR 295-682. By Mr. Smith of the 44th:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the Board of Education of Pike County and to provide for the appointment of the county school superintendent of Pike County by the board of education thereof; and for other pur poses.
HB 683. By Messrs. Snow of the 1st, Harris of the 85th and Tucker of the 36th:
A Bill to be entitled an Act to amend Code Section 26-5103, relating to carrying pistols without a license, so as to provide that said Section shall not apply to employees of a common carrier licensed by the Geor gia Public Service Commission or the Interstate Commerce Commis sion while in discharge of their official duties; and for other purposes.
1358
JOURNAL OF THE HOUSE,
HB 684. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act providing that the County of Muscogee shall supplement the salary of the Judges of the Superior Court of the Chattahoochee Judicial Circuit, so as to change the amount of said supplement; and for other purposes.
HB 685. By Mr. Conner of the 91st:
A Bill to be entitled an Act to abolish the present mode of compensating the tax commissioner of Jeff Davis County, known as the fee system; and for other purposes.
HB 686. By Mr. Conner of the 91st:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Jeff Davis County, known as the fee system; and for other purposes.
HB 687. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A Bill to be entitled an Act incorporating the City of Powder Springs, so as to change the qualifications of voters; and for other purposes.
HB 688. By Messrs. Melton and Gaissert of the 34th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Spalding County, so as to fix the salary of the Tax Commissioner; and for other purposes.
HB 689. By Messrs. Gaissert and Melton of the 34th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation of certain county officers, so as to fix the salary of the Clerk of the Superior Court of Spalding County; and for other purposes.
HB 690. By Messrs. Gaissert and Melton of the 34th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation of the Coroner of Spalding County, so as to fix the compensation of the Coroner; and for other purposes.
HB 692. By Messrs. Newton and Matthews of the 94th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Moultrie, so as to extend the corporate limits; and for other purposes.
THURSDAY, FEBRUARY 10, 1966
1359
HB 693. By Messrs. Chandler and Harrington of the 47th:
A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966, and the fiscal year ending June 30, 1967, in addition to any appropriations heretofore or hereafter made for the operating of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.
HB 694. By Messrs. Malone, Carley and Vaughn of the 117th, Bean, Evensen, Westlake and Higginbotham of the 119th, Walling, Harris and Levitas of the 118th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for DeKalb County, so as to increase compensation of the chairman and members of said board; and for other purposes.
HB 695. By Mr. Williams of the 16th:
A Bill to be entitled an Act to provide that any landowner whose prop erty has been damaged by the livestock of another shall have the right to impound such livestock and to hold the livestock until the owner thereof makes restitution to the landowner; and for other purposes.
HB 696. By Messrs. Story and Watson of the 22nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lawrenceville, by adding additional territories to be included in the city limits of said city; and for other purposes.
HB 697. By Messrs. Story and Watson of the 22nd:
A Bill to be entitled an Act to amend an Act of the General Assembly creating a new charter for the City of Lawrenceville, so as to authorize the mayor and council to enact an ordinance prohibiting the operation of public billiard rooms and public pool rooms in said city; and for other purposes.
HB 698. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to create the Floyd School District by merging the independent school system of the City of Rome and the county school system of Floyd County; and for other purposes.
HR 297-698. By Messrs. Cook of the 123rd, Lambros of the 130th, Egan of the 141st, Carnes of the 129th, Adams of the 125th and others:
A Resolution to establish a Metropolitan Area Water Quality Control Commission to study the desirability and feasibility of consolidating the efforts and management of the several Water Pollution Control Opera tions in the area; and for other purposes.
1360
JOURNAL OF THE HOUSE,
HE 298-698. By Mr. Harris of the 118th:
A Resolution to be entitled an Act to amend a Resolution proposing an amendment to Article VII, Section IV, of the Constitution changing the provisions relating to the powers of County governments, adopted at the 1965 Regular Session of the General Assembly, so as to provide that the powers and authority granted by said amendment shall be cumulative of the existing powers and authority granted counties and for other purposes.
HR 299-698. By Mr. Harris of the 118th: A Resolution to be entitled an Act to amend a Resolution proposing an amendment to Article XV of the Constitution providing home rule for counties, adopted at the 1965 Regular Session of the General Assem bly, so as to provide that the powers granted by said amendment shall be cumulative of all powers heretofore granted to counties; and for other purposes.
SB 35. By Senators Johnson of the 38th, Maclntyre of the 40th, 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, so as to extend the corporate limits; and for other purposes.
SB 56. By Senators Broun of the 46th and Plunkett of the 30th: A Bill to be entitled an Act to amend Code Chapter 32-5, relating to the State Superintendent of Schools, so as to fix the compensation of the State Superintendent of Schools; and for other purposes.
SB 59. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd and others: A Bill to be entitled an Act to amend an Act relating to credit for service as a member of the General Assembly in local pension systems, so as to provide that the provisions of said Act shall not apply to any person employed or elected on or after April 1, 1966; and for other purposes.
SB 60. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd and others:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to disallow credit for service as a member of the General Assembly and to change the provisions relative to credit for service in the armed forces for future members; and for other purposes.
THURSDAY, FEBRUARY 10, 1966
1361
SB 61. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd and others:
A Bill to be entitled an Act to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to change the provisions relative to credit for service in the armed forces for future members; and for other purposes.
SB 62. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd and others:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to credit for service in the armed forces for future members; and for other purposes.
SB 63. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd and others:
A Bill to be entitled an Act to amend an Act creating the office of Solicitor General, Emeritus, so as to change the provisions relative to credit for service in the armed forces; and for other purposes.
SB 64. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd and others:
A Bill to be entitled an Act to amend an Act providing retirement bene fits for the Clerks of the Superior Court of Georgia so as to change the provisions relative to credit for service in the armed forces for future members; and for other purposes.
SB 65. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd 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 disallow credit for service as a member of the General Assembly; and for other purposes.
SB 66. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd and others:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide for payment of employer and employee contributions in order to obtain credit for out-of-State teaching service by future members; and for other purposes.
SB 67. By Senators Webb of the llth, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A Bill to be entitled an Act to amend an Act creating the Peace Offi cers' Annuity and Benefit Fund, so as to provide for penalties and in terest on funds to be remitted to the Board of Commissioners; and for other purposes.
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JOURNAL OF THE HOUSE,
SB 76. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act known as "Eminent Do main--Condemnation Proceedings Before a Special Master", so as to provide a method of perfecting service on non-residents; and for other purposes.
SB 83. By Senators Wesberry of the 34th, Rowan of the 8th, Searcey of the 2nd and others:
A Bill to be entitled an Act providing the procedure for statements of fiscal explanation to accompany legislation expending or decreasing the expenditure of any State funds; and for other purposes.
SB 97. By Senators Edenfield of the 4th, Kilpatrick of the 44th, Hall of the 52nd and others:
A Bill to be entitled an Act to provide that the campus policemen and other security personnel of the University System of Georgia who are regular employees of said system shall have the power to make arrests for offenses committed upon any property under the jurisdiction of the Board of Regents of the University System of Georgia; and for other purposes.
SB 102. By Senator Johnson of the 42nd:
A Bill to be entitled an Act to amend Code Title 109, relating to the incorporation and organization of trust companies, so as to change the amount of paid-in capital stock required for incorporation and organiza tion of a trust company; and for other purposes.
SB 109. By Senators Rowan of the 8th and Carter of the 14th:
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 minimum sum in determining the funds needed by local units of administration for the maintenance, operation and sick leave expenses not otherwise provided in said Act; and for other purposes.
SB 126. By Senator Kilpatrick of the 44th:
A Bill to be entitled an Act to amend Code Section 59-120 relating to the compensation of jurors and court bailiffs, so as to change the maximum amount allowable for court bailiffs; and for other purposes.
SB 133. By Senators Webb of the llth and Jackson of the 16th:
A Bill to be entitled an Act to amend an Act establishing a merit sys tem of personnel administration for state employees, so as to authorize the State Highway Department to extend merit system coverage to employees in the State Highway Department not presently covered under said system; and for other purposes.
THURSDAY, FEBRUARY 10, 1966
1363
SB 138. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act entitled the "Motor Ve hicle Certificate of Title Act", so as to provide for the destruction of certain motor vehicle manufacturers' serial plates and the admissibility in evidence of records reflecting the destruction of such plates; and for other purposes.
SB 139. By Senators Tribble of the 3rd, Webb of the llth, Carter of the 14th and others:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, revocation, suspension, and renewal of driver licenses, so as to increase the minimum age required for an operator's class driver license; and for other purposes.
SB 164. By Senators Sanders of the 41st, Wesberry of the 37th, Moore of the 31st and others:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Inter-state compact on mental health"; and for other purposes.
SB 183. By Senators Webb of the llth, Smith of the 18th, Gillis of the 20th and Rowan of the 8th:
A Bill to be entitled an Act to create Fiscal Affairs Sub-committees of the Senate and the House of Representatives; and for other purposes.
SB 187. By Senators Wesberry of the 37th, Salome of the 36th, 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 the city limits; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate to-wit:
HB 137. By Mr. Overby of the 16th:
A Bill to amend an Act approved March 29, 1937, known as the "Unemployment Compensation Law" by modifying the benefit tables to provide increased weekly benefit amounts and the qualifications and eligibility for benefits; and for other purposes.
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JOURNAL OF THE HOUSE,
SB 159. By Senator Dean of the 6th:
A Bill to declare the practice of nudism or the participation in the practice of nudism in any manner whatsoever shall be against the pub lic policy of the State of Georgia; to provide definitions of nudism; and for other purposes.
SB 124. By Senator Johnson of the 42nd:
A Bill to amend an Act requiring banks and other entities doing a trust business to secure uninvested trust funds, approved March 26, 1935 (Ga. Laws 1935, p. 484), as amended, so as to provide that such uninvested trust funds may be secured by additional obligations; and for other purposes.
SB 166. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th and others:
A Bill to amend an Act relating to the punishment of any person who shall desecrate the burial place of any human body, as amended, so as to provide life imprisonment in lieu of the death penalty; and for other purposes.
SB 40. By Senator Holloway of the 12th:
A Bill to amend Code Chap. 27-25, relating to criminal sentences, as amended; and for other purposes.
SB 130. By Senators Johnson of the 38th, Wesberry of the 37th and others:
A Bill to amend Code Chap. 92-63, relating to compilation of tax re turns and preparation of tax digests by tax receivers, so as to delete therefrom the requirement that names of colored taxpayers be separate; and for other purposes.
SB 178. By Senators Gillis of the 20th, Gayner of the 5th and others:
A Bill to amend Code Section 34-1006, relating to qualification of can didates in primaries; so as to provide time for qualifying; and for other purposes.
SB 199. By Senator Downing of the 1st:
A Bill to amend Code Sec. 40-804, relating to the power of the Secre tary of State, the Department of Archives and History, as amended, so as to provide that the Secretary of State may establish a branch depository after obtaining prior written approval of the historical association involved; and for other purposes.
THURSDAY, FEBRUARY 10, 1966
1365
SB 45. By Senator Kendrick of the 32nd:
A Bill to amend Code Section 32-904, relating to the compensation of members of county boards of education, as amended, so as to change the compensation of board members; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate to-wit:
SR 25. By Senators Webb of the llth and Jackson of the 16th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the payment for taking or damaging private property for public road and street purposes; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate to-wit:
SR 8. By Senator Smalley of the 28th:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to the method of amending the Constitu tion; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Mr. Blalock of the 33rd District, Chairman of the Committee on Appropriations 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 recommendations:
HB 500. Do Pass.
Respectfully submitted,
Blalock of 33rd
Chairman.
Mr. Melton of the 34th District, Chairman of the Committee on Education sub mitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 659. Do Pass.
1366
JOURNAL OF THE HOUSE,
SB 11. Do Pass. HB 539. Do Pass.
Respectfully submitted, Melton of 34th Chairman.
Mr. Smith of the 3rd District 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 46. Do Pass. Respectfully submitted, Smith of 3rd Chairman.
Mr. Conner of the 91st District Chairman of the Committee on Insurance submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 522. Do Pass. SB 34. Do Not Pass.
Respectfully submitted, Conner of 91st Chairman.
Mr. Harris of the 118th District Chairman of the Committee on Judiciary sub mitted 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 Chair man, to report the same back to the House with the following recommendations:
HB 677. Do Pass.
THURSDAY, FEBRUARY 10, 1966
1367
HB 271. Do Pass.
HB 480. Do Pass By Committee Substitute.
HB 410. Do Not Pass.
HB 683. Do Pass.
HB 666. Do Pass.
HB 698. Do Pass.
HR 295-682. Do Pass.
HR 298-698. Do Pass.
HR 299-698. Do Pass.
SB
14. Do Pass By Committee Substitute.
SB
9. Do Pass By Committee Substitute.
SB
36. Do Pass.
SB
127. Do Pass.
Respectfully submitted, Harris of 118th Chairman.
Mr. Brinkley of the 112th District Chairman of the Committee on Local Affairs submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the followingBills 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:
HR 288-658. Do Pass.
HR 291-679. Do Pass.
HR 293-679. Do Pass.
SB
39. Do Pass.
SB
94. Do Pass.
SB
99. Do Pass.
SB
180. Do Pass.
HB 692. Do Pass as Amended.
HB 588. Do Pass.
HB 597. Do Pass.
HB 598. Do Pass.
1368
HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB
JOURNAL OF THE HOUSE,
619. Do Pass. 660. Do Pass. 661. Do Pass. 662. Do Pass. 663. Do Pass. 665. Do Pass. 667. Do Pass. 669. Do Pass. 670. Do Pass. 672. Do Pass. 675. Do Pass. 676. Do Pass. 678. Do Pass. 679. Do Pass. 680. Do Pass. 684. Do Pass. 685. Do Pass. 686. Do Pass. 687. Do Pass. 688. Do Pass. 689. Do Pass. 690. Do Pass. 694. Do Pass. 696. Do Pass. 697. Do Pass.
Respectfully submitted, Brinkley of 112th Chairman.
Mr. Etheridge of the 123rd District Chairman of the Committee on Special Judiciary submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the follow ing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 657. Do Pass as Amended.
THURSDAY, FEBRUARY 10, 1966
1369
SB 78. Do Pass. SB 77. Do Pass.
Respectfully submitted, Etheridge of 123rd 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 580. By Mr. Dickinson of the 27th:
A Bill to be entitled an Act to create within Douglas County a board to administer programs of retirement and/or employment for the em ployees of Douglas 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 581. By Mr. Dickinson of the 27th: A Bill to be entitled an Act to create a development authority for the City of Douglasville and Douglas County; and for other purposes.
The following amendment was read and adopted:
"Mr. Dickinson of the 27th moves to amend HB 581 by adding at the end of Section 10 the following:
"The exemptions from taxation herein provided shall not in clude 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 passage of the Bill, was agreed to, as amended.
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.
1370
JOURNAL OF THE HOUSE,
HB 582. By Mr. Dickinson of the 27th:
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; so as to change the compensation of 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 583. By Mr. Clark of the 2nd:
A Bill to be entitled an Act to amend an Act relating to changing the compensation of the ordinary and the superior court of Catoosa County, so as to increase the allowance of clerical help for 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 584. By Mr. Clark of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the clerical assist ance allowance of the tax commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 10, 1966
1371
HB 585. By Mr. Clark of the 2nd:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Catoosa County, so as to in crease the compensation of the clerical assistant to the 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 586. By Mr. Smith of the 44th:
A Bill to be entitled an Act to amend an Act prescribing the time for holding the Superior Court of Lamar County; so as to change the time for holding 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 587. By Mr. Smith of the 44th:
A Bill to be entitled an Act to amend an Act to establish a new charter for the town of Milner, Lamar County; so as to change the term of the offices of the Mayor and Councilmen; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
1372
JOURNAL OF THE HOUSE,
HB 588. By Mr. Harris of the 85th:
A Bill to be entitled an Act creating a Board of Commissioners of Roads and Revenues for Glynn County, so as to authorize said Commissioners to license and regulate business in unincorporated areas 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 589. By Mr. Johnson of the 40th:
A Bill to be entitled an Act to amend an Act placing the county officers of McDuffie County upon an annual salary, so as to increase the ex pense allowance authorized for the sheriff to use for hiring 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 592. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Perry, so as to increase the maximum compensation authorized for 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 10, 1966
1373
HB 593. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the coroner of Houston 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 594. By Mr. Brackin of the 87th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Miller County, so as to change the provisions relating to the compensation of members of the Board other than 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 595. By Messrs. Simkins of the 106th, Sherman and DeLong of the 105th:
A Bill to be entitled an Act to amend an Act relating to the establish ment of the Charter of the City of Augusta, so as to provide that the person elected as mayor shall receive a majority of the votes cast, and each person elected as a member of the Council shall receive a majority of the votes cast for the office for which he offers as a candidate; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
1374
JOURNAL OF THE HOUSE,
HB 596. By Messrs. Blalock and Davis of the 33rd:
A Bill to be entitled an Act to amend an Act establishing the City Court of Newnan, so as to change the name of said Court to the Civil and Criminal Court of Coweta County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 597. By Messrs. McClatchey of the 138th, Townsend of the 140th, Lea of the 126th, Carnes of the 129th, and others:
A Bill to be entitled an Act to amend an Act providing for pensions for the members of the Police Department in cities having a population of 150,000 or more, so as to provide that fractional parts of years shall be counted in determining the number of years of service with respect to partial pensions, pensions for total and permanent disability; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 598. By Messrs. McClatchey of the 138th, Townsend of the 140th, Lea of the 126th, Carnes of the 129th, 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 so as to provide that fractional parts of years shall be counted in determining the number of years of service with respect to partial pensions; pensions for total and permanent disability; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 10, 1966
1375
HB 599. By Mr. Alien of the 93rd:
A Bill to be entitled an Act to amend an Act placing the tax commis sioner of Tift County on an annual salary, so as to allow for the dis position of certain fees and commissions of the tax commissioner earned prior to the effective date 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 ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 600. By Mr. Alien of the 93rd:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Tift County on an annual salary, so as to allow for the disposition of certain fees and commissions of the clerk of the supe rior court earned prior to the effective date 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 ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 604. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ashburn, so as to number the positions on the council for election purposes; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
1376
JOURNAL OF THE HOUSE,
HB 605. By Mr. Mixon of the 81st:
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 Irwin, so as to change the salary 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 606. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Irwin 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 607. By Mr. Mixon of the 81st:
A Bill to be entitled an Act creating a new charter for the City of Ashburn, so as to extend the present corporate limits of said city to include certain additional territory to be north and east in the County of Turner 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 10, 1966
1377
HB 608. By Messrs. Rowland and Carr of the 48th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Wrightsville, so as to provide an annual salary in lieu of the fee system of compensation for the solicitor 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 609. By Messrs. Carr and Rowland of the 48th:
To be entitled an Act to amend an Act creating the City Court of Wash ington County, so as to change the salaries of the judge and the solici tor 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 610. By Mr. McCracken of the 49th: To be entitled an Act to amend the charter of the City of Wadley, relating to the election of Mayor and Councilmen; 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
1378
JOURNAL OF THE HOUSE,
HB 611. By Mr. Clarke of the 45th:
To be entitled an Act to amend an Act creating a Board of Commis sioners of Roads and Revenues for Butts 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 125, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 612. By Mr. Clarke of the 45th: To be entitled an Act to amend an Act changing the compensation of the ordinary of Butts County from the fee system to the salary system; so as to change the allowance provided for said Ordinary for clerical assistance; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 613. By Mr. Clarke of the 45th: To be entitled an Act to amend an Act changing the compensation of the sheriff of Butts County from the fee system to the salary system, 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 10, 1966
1379
HB 614. By Mr. Clarke of the 45th:
To be entitled an Act to amend an Act changing the compensation of the Tax Collector of Butts County from the fee system to a system whereby such Tax Collector shall be entitled to certain commissions and a salary, so as to change the amount provided for said Tax Col lector for clerical assistance; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 615. By Mr. Clarke of the 45th:
To be entitled an Act to amend an Act creating a new charter for the City of Jackson, so as to provide for the annexation of certain addi tional territory into the corporate limits of the City of Jackson, to desig nate such additional annexed territories as the 5th Ward; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 616. By Mr. Clarke of the 45th:
To be entitled an Act to repeal an Act incorporating the Town of Pepperton in 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
1380
JOURNAL OF THE HOUSE,
HB 617. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th, Levitas, Walling, Harris and Farrar of the 118th and others:
To be entitled an Act to amend an Act providing a salary for the official court reporter of the Stone Mountain Judicial Circuit, so as to increase the compensation of the official court reporter; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 619. By Mr. Bowen of the 69th: To be entitled an Act to provide a salary for the Coroner of Dooly County in lieu of fees; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 620. By Messrs. Busbee, Lee, Odom and Hutchinson of the 79th:
To be entitled an Act to provide for appointments to and for the filling of vacancies on the Albany-Dougherty 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 ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 10, 1966
1381
HB 621. By Messrs. Mitchell, Smith and Leonard of the 3rd:
To be entitled an Act amending the charter of the City of Dalton, by incorporating in said city certain lands and territory located in Land Lot No. 163 in the 12th District and 3rd Section of Whitfield 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 623. By Messrs. Mitchell, Smith and Lonard of the 3rd:
To be entitled an Act to authorize the governing authority of Whitfield County to provide group insurance policies for their regular 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 624. By Messrs. Mitchell, Smith and Leonard of the 3rd:
To be entitled an Act to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, so as to change the maximum fine and punishment which may be imposed by 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
1382
JOURNAL OF THE HOUSE,
HB 625. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
To be entitled an Act to amend an Act incorporating the Town of Austell and reincorporating said town as a city, so as to increase 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 627. By Mr. Ross of the 31st:
To be entitled an Act to amend an Act creating a Board of Commis sioners of Roads and Revenue for Lincoln County, so as to change the provisions relating to the Ordinary of Lincoln County serving as clerk of the Board of Commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 628. By Mr. Ross of the 31st:
To be entitled an Act to amend an Act creating a new charter for the City of Crawfordville, so as to change the time 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 10, 1966
138S
HB 629. By Mr. Ross of the 31st:
To be entitled an Act to amend an Act to abolish the present mode of compensating the Sheriff of Taliaferro 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 125, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 630. By Mr. Murphy of the 26th:
To be entitled an Act to amend an Act consolidating the office of tax receiver and tax collector of Haralson County into the office of tax commissioner of Haralson County, so as to provide clerical help 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 125, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 639. By Mr. Thomas of the 77th: To be entitled an Act to amend an Act creating the City Court of Jesup, so as to change the terms of court of the city court of Jesup; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
1384
JOURNAL OF THE HOUSE,
HB 640. By Mr. Thomas of the 77th:
To be entitled an Act to amend an Act incorporating and creating a new charter for the City of Jesup, in Wayne County, so as to authorize the board of commissioners to fix the salary of the City manager and the city recorder, within a certain salary range; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 641. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
To be entitled an Act to amend an Act creating the Civil and Criminal Court of Cobb County, so as to provide for an additional 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 125, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 643. By Mr. Hadaway of the 46th:
To be entitled an Act to amend an Act fixing the compensation of the County Treasurer of Jasper 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 10, 1966
1385
HB 644. By Messrs. Minge, Lowrey and Starnes of the 13th:
To be entitled an Act to amend an Act creating the city court of Floyd County, so as to delete therefrom those provisions relating to the com pensation of the assistant solicitor of the city court of Floyd County and the secretary to 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 125, nays 0.
The Bill, having received the requisite constitutional majority,' was passed.
HB 648. By Messrs. Overby, Williams and Wood of the 16th: To be entitled an Act to amend an Act amending the charter of the City of Gainesville, so as to make certain changes in the retirement system for the employees of said city; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 649. By Mr. Johnson of the 40th: To be entitled an Act to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Thomson, so as to increase 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 125 nays 0.
The Bill, having received the requisite constitutional majority was passed.
HB 650. By Messrs. Fleming and Simkins of the 106th, DeLong and Sherman of the 105th, Hull and Snellings of the 104th: To be entitled an Act incorporating the City of Augusta and providing a charter thereof, so as to provide that the City of Augusta shall pay certain law enforcement officers of the city who are required to testify in the recorder's court on their off days; 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 656. By Messrs. Dixon and Sweat of the 83rd:
To be entitled an Act to amend an Act establishing a new charter for the City of Waycross, so as to change the date on which municipal elections are 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 655. By Messrs. Dixon and Sweat of the 83rd:
To be entitled an Act to repeal an Act amending the Charter of The City of Waycross, so as to provide for park and tree and zoning com mission in lieu of the present park and tree 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 654. By Messrs. Dixon and Sweat of the 83rd:
To be entitled an Act to amend an Act establishing a new charter for the City of Waycross, so as to provide that the city clerk shall be appointed by the city manager with the approval of the commission; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 10, 1966
1387
HB 637. By Messrs. Etheridge of the 123rd, Lambros of the 130th, Dillon of the 128th and others:
A Bill to be entitled an Act to provide that in certain Counties Judges Emeritus of any Court established in lieu of Justice Courts, shall be entitled to office space and adequate secretarial assistance upon the request of such Judges Emeritus; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 645. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act placing the solicitor gen eral of the Rome Judicial Circuit on an annual salary, as amended, so as to change the compensation of the assistant solicitor general of the Rome Judicial Circuit and the clerk-typist; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 39. By Senator Hill of the 29th: A Bill to be entitled an Act to amend an Act providing and establishing a charter for the City of Woodbury, as amended, so as to provide for a majority vote for the offices of mayor and councilrnen; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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SB 94. By Senator Downing of the 1st:
A Bill to be entitled an Act to prescribe and establish compensation for the chief judge and 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 99. By Senator Hill of the 29th:
A Bill to be entitled an Act to amend an Act incorporating the town of Greenville, as amended, so as to change the corporate limits of said city; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 180. By Senator Eldridge of the 7th:
A Bill to be entitled an Act to amend an Act creating the County Court of Atkinson County, as amended, 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.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 10, 1966
1389
HR 161-356. By Mr. Clark of the 2nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to remove the authority of the board of tax administrators for Catoosa County to levy taxes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VI, Section XVII, Paragraph I of the Constitution is hereby amended by striking the words "levy taxes and", as they appear in the first sentence of that paragraph of the Constitution which was added by an amendment to the Constitution, proposed by a resolution found in Georgia Laws 1958, page 592, and ratified at the general election con ducted in 1958 creating a board of tax administrators for Catoosa County, so that when so amended said paragraph shall read as follows:
"The power and authority to evaluate property in Catoosa County is hereby vested in a Board of Tax Administrators, which is hereby created for the purpose. The Board of Tax Admin istrators shall be composed of three members elected by the qualified voters of the entire county. To be eligible for election to the Board of Tax Administrators, a person must be at least 25 years of age, a resident of this State and said county for at least two years, and qualified to vote in the election for members of the General Assembly. Said board is authorized to appoint and employ qualified and professional appraisers to determine the true market value of the taxable property located in Catoosa County and to provide the compensation for such appraisers. Compensation of the members of the Board of Tax Administrators herein created shall be $15.00 per day for each day of actual service, plus actual expenses, said compensation to be payable monthly out of county funds. The Board of Tax Administrators shall be subject to all the provisions of the law with respect to levying taxes and evaluat ing property not in conflict with this paragraph."
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:
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"Yes ( ) Shall the Constitution be amended so as to remove the authority of the board of tax administrators for
No ( ) Catoosa County to levy taxes?"
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 as certain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to remove the authority of the board of tax administrators for Catoosa County to levy taxes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section XVII, Paragraph I of the Constitu tion is hereby amended by striking the words "levy taxes and", as they appear in the first sentence of that paragraph of the Constitution which was added by an amendment to the Constitution, proposed by a resolu tion found in Georgia Laws 1958, page 592, and ratified at the general election conducted in 1958 creating a board of tax administrators for Catoosa County, and by striking from the last sentence of said paragraph the words "levying taxes and", so that when so amended said paragraph shall read as follows:
"The power and authority to evaluate property in Catoosa County is hereby vested in a Board of Tax Administrators, which is hereby created for that purpose. The Board of Tax Admin istrators shall be composed of three members elected by the qualified voters of the entire county. To be eligible for election to the Board of Tax Administrators, a person must be at least 25 years of age, a resident of this State and said county for at least two years, and qualified to vote in the election for members of the General Assembly. Said board is authorized to appoint and employ qualified and professional appraisers to determine the true market value of the taxable property located in Catoosa County and to provide the compensation for such appraisers. Compensa tion of the members of the Board of Tax Administrators herein created shall be $15.00 per day for each day of actual service, plus actual expenses, said compensation to be payable monthly
THURSDAY, FEBRUARY 10, 1966
1391
out of county funds. The Board of Tax Administrators shall be subject to all the provisions of the law with respect to evaluating property not in conflict with this paragraph."
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 remove the authority of the board of tax administrators for
NO ( ) County to levy taxes?"
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, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
These voting in the affirmative were Messrs.:
Adams Anderson Bagby Barber Barfield Bedgood Berry Black Blair Blalock Brackin
Brantley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates
Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Colwell Cook Cox Dailey Davis Dean
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JOURNAL OF THE HOUSE,
DeLong Dickinson Dillon Dixon Doster Drew Egan Elliott Etheridge Evensen Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howell Hull Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Kiley
Knapp Lambros Land Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell
Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt
Minge Mitchell Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Powers Rainey Reaves Reid Richardson Roach Rowland
Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, V. T. Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Ware Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs. :
Abney Alexander Alien Bean Bennett Bowen Brinkley Brown, M. P. Conger
Conner Crowe Daugherty Dollar Dorminy Duncan Farrar Grahl Hale
Harris, J. R. Houston Howard Hutchinson Jones, M. Jordan, Ben C. Knight Lambert Lane
Lea, F. R. Levitas Lovett Maddox McClatchey McDaniell Mixon
THURSDAY, FEBRUARY 10, 1966
1393
Moore, J. H. NeSmith, J. D. Phillips Pickard Ross Smith, G. L. II Smith, J. R.
Spillers Walling Watkins Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, by substitute, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.
HR 243-517. By Mr. Harris of the 85th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable property located in that district and area within said city described as "Downtown Brunswick" to be used in assisting and promoting the economic improvement and development of said central business district, and to that end to acquire by lease or purchase property in such area, and for the installation, construction or recon struction and maintenance therein and thereon of streets, parks, pedestrian malls and plazas, and playgrounds, off-street parking facili ties, public parking areas and public parking facilities, and the reloca tion of any of the same, and other improvements and facilities useful or desirable in connection therewith; defining the district and area to be known as "Downtown Brunswick"; limiting such tax millage; to provide for powers, authority, funds, purposes and procedure connected there with; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:
"A. There is hereby created within the corporate limits of the City of Brunswick in Glynn County, Georgia, a district and area to be known as 'Downtown Brunswick' in the central business district of said city, defined and described according to the well known maps and plan of said city as follows:
Beginning at a point on the westerly line of Newcastle Street where the northerly line of New Town Lot No. 169 intersects with
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the westerly line of Newcastle Street; thence running in an easterly direction along the easterly projection of the northerly line of New Town Lot No. 169 to the easterly line of Newcastle Street; thence running in a southerly direction along- the easterly line of Newcastle Street to the southerly line of "H" Street; thence run ning in an easterly direction along the southerly line of "H" Street to the eastern line of Reynolds Street; thence running in a southerly direction along the easterly line of Reynolds Street to the southern line of "F" Street; thence running in an easterly direction along the southern line of "F" Street to the eastern line of Ellis Street; thence running in a southerly direction along the easterly line of Ellis Street to the northern line of Old Town No. 281; thence in an easterly direction along the northern line of Old Town Lot No. 281 to the westerly line of Egmont Street; thence along the westerly line of Egmont Street to the southerly line of Old Town Lot No. 285; thence in a westerly direction along the southerly line of Old Town Lot No. 285 projected westwardly to the westerly line of Ellis Street; thence running in a southerly direction along the westerly line of Ellis Street to the southerly line of Old Town Lot No. 236; thence running in a westerly direction along the westerly line of Old Town Lot No. 236 projected west wardly to the western line of Union Street; thence running in a southerly direction along the western line of Union Street to the southerly line of Monk Street; thence running in a westerly di rection along the southerly line of Monk Street to the western line of Reynolds Street; thence running in a southerly direction along the western line of Reynolds Street to the southerly line of Old Town Lot. No. 146; thence running in a westerly direction along the southerly line of Old Town Lot No. 146 projected westwardly to the westerly line of Richmond Street; thence running in a southerly direction along the westerly line of Richmond Street to the northern line of Howe Street; thence running in a westerly direction along the northerly line of Howe Street to the westerly line of Grant Street; thence running in a northerly direction along the westerly line of Grant Street to the northerly line of Old Town Lot No. 68; thence running in a westerly direction along the northerly line of old Town Lot No. 68 to the easterly line of Oglethorpe Street; thence running in a southerly direction along the easterly line of Oglethorpe Street to the northern line of Howe Street; thence running in a westerly direction along the northerly line of Howe Street to the U. S. Harbor line as established by the War Department, August, 1916; thence in a northerly direction along the said U. S. Harbor line and the low water line of Academy Creek to a point where the northerly line of New Town Lot No. 112 projected in a westerly di rection would intersect with the low water line of Academy Creek; thence in an easterly direction along the said projected line of New Town Lot No. 112, along the northerly line of New Town Lot No. 112, and the northern line of New Town Lot No. 169 to the point of beginning;
"B. The governing body of the City of Brunswick be and is hereby authorized to levy an annual ad valorem tax not exceeding four mills per dollar of assessed valuation on all property located within the district or area herein defined and delineated as 'Down town Brunswick', not excluding any realty homestead exemption, such funds so produced by such levy to be used by said city in
THURSDAY, FEBRUARY 10, 1966
1395
assisting and promoting the economic improvement and develop ment of said central business district, and to that end to acquire by lease or purchase property in such area, and for the installation, construction or reconstruction and maintenance therein and thereon of streets, parks, pedestrian malls and plazas, and playgrounds, offstreet parking facilities, public parking areas and public parking facilities, and the relocation of any of the same, and other improve ments and facilities useful or desirable in connection therewith. Said governing body of said city is specifically authorized to use such amounts from its funds so raised by such tax levy in each year as it shall deem in its discretion to be in the best interest of the city and its residents in keeping with the purposes of this amendment, in cluding the right to pledge all or so much of such funds, as may be necessary, raised by such tax levy to the payment of the principal and interest on any of its revenue bonds or obligations which it may hereafter issue and the creation and maintenance of a reserve for that purpose, said tax being in addition to those now authorized by law;
"C. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the residents of the City of Brunswick, the economic improvement and development of said described central business district and making of long-range plans for such economic development and improvement and to au thorize the levy of taxes and the use of public funds of said city for such purpose and same is hereby determined and declared to be a governmental function of said city;
"D. In addition to all the rights, powers and authority now conferred by law upon the governing body of the City of Brunswick, this amendment shall confer upon the governing body of said city all powers, rights, and privileges herein granted and such additional rights, powers and privileges that may hereafter be granted by the enactment of any implementing legislation by the General Assembly of Georgia;
"E. The property, obligations and the interest on the obligations of the city issued hereunder shall have the same immunity from all State and local taxation as the property, obligations and interest on other obligations of the City of Brunswick;
"F. The powers of the city conferred hereunder shall include, but shall not be limited to, the power;
(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease and mortgage land, buildings and property of all kinds and character, including, but not limited to machinery, apparatus, equipment and utilities useful or desirable in connection therewith, within the district or area hereinabove defined as "Downtown Brunswick";
(2) To receive and administer gifts, grants and donations and to administer trusts and to enter into trust indentures;
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(3) To grant, loan and lease any of its funds and property to private persons and corporations agreeing to operate and expand any commercial or business enterprise or establishment within the district or area hereinabove defined as "Downtown Brunswick", which in the judgment of the governing body of the City will be of benefit to the economic improvement and development of said dis trict or area and to said city. The provisions of this clause shall not be construed to limit any other powers of the city;
(4) To borrow money and issue notes, obligations and revenue bonds therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security for the pay ment thereof and interest thereon and to secure the repayment of any such money so borrowed by the terms of the resolution authoriz ing such financing and to enter into a trust indenture relative thereto;
(5) The rights, powers and privileges now enjoyed by the city under Article VII, Section VI, Paragraph I, of the Constitution of this State to contract with Glynn County, the State and any agency, political subdivision or public corporation thereof is hereby expressly reaffairmed and shall include all rights, powers and privileges herein granted and in addition thereto the city is authorized to contract with private persons and corporations and to sue and be sued in its corporate name in the accomplishment of the overall purposes herein provided;
(6) To appoint and employ officers, agents and employees and to provide for their compensation in order to effectuate the purposes of this amendment;
(7) To encourage and promote the economic improvement, development and rehabilitation of the central business district and area hereinabove defined and to make long range plans therefor;
(8) To accumulate its funds from such tax levy herein au thorized from year to year and to invest and reinvest such funds;
(9) To designate any of its corporate officers to sign and act for the city pertaining to the rights, powers and privileges herein conferred;
(10) To do any and all acts and things necessary, convenient or desirable to accomplish the purpose of this amendment and the rights, powers and privileges herein conferred;
"G. The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of Bruns wick within the meaning of Article VII, Section VII, Paragraph I, of the Constitution, nor a pledge of the faith and credit of said city nor shall the city be subject to any pecuniary liability thereon. The revenue bonds shall not be payable from, nor a charge upon, any funds of the city other than the revenues pledged to the payment thereof and interest thereon, which revenues shall include any funds derived from the special tax levy herein provided and monies de-
THURSDAY, FEBRUARY 10, 1966
1397
rived from the lease or sale of any facilities of the city herein authorized to be acquired, constructed and equipped. Any bond holder, however, shall have the right to compel the city to levy the special tax herein provided for within the limit herein prescribed to pay the bonds and interest thereon if the city in its proceedings authorizing the issuance of such bonds has pledged the revenues derived from such special tax levy to the payment of any such bonds and the interest thereon;
"H. The authority hereby granted to the City of Brunswick to issue revenue bonds shall apply not only to revenue bonds issued by said city to provide funds for the purchase, construction, exten sion, repair or improvement of such facilities and undertakings as are specifically authorized and enumerated by the Act of the Gen eral Assembly, approved March 31st, 1937, known as the "Revenue Certificate Law of 1937", as amended by the Act approved March 14, 1939, as referred to in Article VII, Section VII, Paragraph V, of this Constitution, but shall also include the issuance by said City of revenue bonds to provide funds for the purchase, construction, extension, repair, or improvement of such facilities and undertak ings as are specifically authorized and enumerated by the following Acts of the General Assembly: Georgia Laws 1949, page 973, ap proved February 25, 1949; Georgia Laws 1953, pages 489-491, ap proved March 4, 1953; and Georgia Laws 1957, page 410, approved
March 13, 1957;
"I. The city is hereby authorized to issue revenue bonds or obligations from time to time, to carry out the purposes of this amendment. Revenue bonds or obligations so issued shall be paid solely from the revenues pledged to the payment thereof, which reve nues may include any funds derived from the special tax levy pro vided hereunder. Such revenue bonds or obligations shall be author ized by resolution or ordinance of the governing body of the City of Brunswick, which may be adopted at a regular or special meet ing by a majority vote of the members of said governing body. The governing body of said city in determining the cost of any undertaking for which revenue bonds or obligations are to be issued may include all costs relative to the issuance thereof, and without intending to limit such costs, may include, architectural, engineer ing, inspection, fiscal agents' and legal expenses estimated to accrue from the date of any such bonds through the period of construction and for six months after such construction and such bonds shall bear such date or dates, mature at such time or times, not exceed ing 30 years from their respective dates, hear interest at such rate or rates not exceeding seven per centum (7%) per annum and may be in such denominations and may carry such registration privi leges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the ordinance or resolution authorizing the issuance of such bonds may provide. All bonds and interest thereon so issued by said city are hereby declared to he tax exempt from any and all purposes. The terms, conditions, covenants and provisions contained in any such resolution or ordi nance authorizing the issuance of such bonds shall bind said gov erning body of said city then in office and its successors thereof, including any covenant to levy taxes within the limits herein pre-
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scribed for the purpose of providing such funds as may be necessary to pay the principal of and interest on any such issue or issues of said bonds and to create and maintain a reserve for that purpose. Such bonds issued by said city shall be validated in the Superior Court of Glynn County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (Georgia Laws 1957, p. 36, et seq.) amending the law for merly known as the Revenue Certificate Law of 1937 (Georgia Laws 1937, p. 761 et seq., as amended). In the event no bill of exceptions, to the judgment of the superior court confirming and validating any such issue or issues of bonds, shall be filed within the time prescribed by law or if filed, such judgment should be affirmed by the Supreme Court of Georgia or the Court of Ap peals of Georgia, the judgment of the superior court confirming and validating the issuance of such bonds shall be forever conclu sive as to the validity of said bonds and the security for the pay ment thereof and interest thereon against said city and against any contracting party with said city as herein provided.
"J. The property of the city herein authorized to be acquired, constructed, and equipped shall not be subject to levy and sale under legal process except such property, income, revenues or funds as may be pledged, assigned, mortgaged or conveyed to secure any obligation of the city and any such property, funds, revenues or income may be sold under legal process to enforce payment of the obligations.
"K. This amendment and any law enacted with reference to the city in connection therewith shall be liberally construed for the accomplishment of the purposes now or hereafter authorized.
"L. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor of the State of Georgia.
"M. This amendment is self-enacting and does not require any enabling legislation for it to become effective, however, the General Assembly may by law further define and prescribe the powers and duties of the city in connection therewith in the exercise thereof, and may enlarge the same and may likewise further regulate the management and conduct of the city pertaining hereto not incon sistent with the provisions of this amendment.
"N. There shall be no limitation upon the amount of revenue bonds or obligations which the city may issue, but no such revenue bonds or obligations shall be construed as a debt of the city within the meaning of the provisions of Article VII, Section VII, Para graph 1, of the Constitution of the State of Georgia and such reve nue bonds or obligations and the interest thereon shall be payable solely from the revenues derived from the lease or sale of any of the facilities acquired or constructed by the city hereunder and such revenues shall also include any funds from the special tax levy herein provided and pledged to the payment of any such issue or issues of bonds and the interest thereon.
"O. This amendment shall be effective notwithstanding any other provision or provisions of the Constitution of the State of Georgia which might be construed in conflict herewith."
THURSDAY, FEBRUARY 10, 1966
1399
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 governing body of the City of Brunswick to levy
NO ( ) an annual ad valorem tax upon the taxable property located within Downtown Brunswick and to provide for the powers, authority, funds, purposes, and pro cedure connected therewith?"
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.:
Adams Anderson Bagby Barber Barfield Bedgood Berry Black Blair Blalock Brackin Brantley
Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G.
Clark, J. T. Collins, J. F. Collins, M. Colwell Cook Cox Dailey Davis Dean DeLong Dickinson Dillon
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JOURNAL OP THE HOUSE,
Dixon Doster Drew Egan Elliott Etheridge Evensen Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, R. W. Harrison Hawkins Henderson Herndon
Higginbotham Hill Holder Hood Howell Hull Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Kiley Knapp Lambros
Land Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt Minge Mitchell Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Powers Rainey Reaves Reid Richardson Roach Rowland Rush
Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, V. T. Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Ware Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Alexander Alien Bean Bennett Bowen Brinkley Brown, M. P. Conger Conner
Crowe Daugherty Dollar Dorminy Duncan Farrar Grah! Hale Harris, J. R. Houston
Howard Hutchinson
Jones, M. Jordan, Ben C. Knight Lambert Lane Lea, F. R. Levitas Lovett
THURSDAY, FEBRUARY 10, 1966
1401
Maddox McClatchey McDaniell Mixon Moore, J. H. NeSmith, J. D.
Phillips Pickard Ross Smith, G. L. II Smith, J. R. Spillers
Walling Watkins Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 263-571. By Mr. Clarke of the 45th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Monroe County Industrial Development Authority; to provide for pow ers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
Article V, Section IX of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Monroe County, to be known as the Monroe County Industrial De velopment Authority, which shall be an instrumentality of Monroe County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of five members who shall be appointed by the Board of Commissioners of Roads and Revenues of Monroe 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 Monroe County.
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JOURNAL OF THE HOUSE,
"D. The powers of the Authority shall include, but not be limited to, the power:
"(1) To receive and administer gifts, grants and donations and to administer trusts;
"(2) To borrow money, to issue notes, bonds and revenue cer tificates, to execute trust agreements 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 he 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 Monroe 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 Monroe County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishing, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, in cluding the demolition of existing structures, or through the acquisi tion of an existing building and the remodeling, renovating, recon structing, furnishing and equipping of such building;
"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;
"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(8) To designate officers to sign and act for the Authority generally or in any specific matter;
THURSDAY, FEBRUARY 10, 1966
1403
"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia or Monroe County;
"P. The members of the Authority shall receive no compensa tion for their services to the Authority;
"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Author ity and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued there under; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agree ment or indenture not in conflict with the provisions of this amend ment to provide security for any bonds issued as provided 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 Monroe County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Monroe County;
"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.
"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:
"(1) The undertaking for which the bonds are to be issued will increase employment in Monroe 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
1404
JOURNAL OF THE HOUSE,
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 Monroe 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 Monroe County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with refer ence to the Authority shall be liberally construed for the accomplish ment of these purposes.
"M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first mem bers of the Authority shall be appointed within thirty (30) days after such proclamation.
"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Monroe County and the scope of its operations shall be limited to the territory em braced within said County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operation be yond such limits."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the NO ( ) Monroe County Industrial 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-
THURSDAY, FEBRUARY 10, 1966
1405
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 263-571 by adding the following language to the end of Section I, paragraph C.
"The exemptions from taxation herein provided 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.:
Adams Anderson Bagby Barber Barfield Bedgood Berry Black Blair Blalock Brackin Brantley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell
Cook Cox Dailey Davis Dean DeLong Dickinson Dillon Dixon Doster Drew Egan Elliott Etheridge Evensen Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hamilton Harrell Harrington
Harris, J. F. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howell Hull Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Kiley Knapp Lambros Land Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell
1406
Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt Minge Mitchell Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish
JOURNAL OF THE HOUSE,
Peterson Powers Rainey
Reaves Reid Richardson Roach Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, V. T. Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Steis Stewart
Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Ware Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Alexander Alien Bean Bennett Bowen Brinkley Brown, M. P. Conger Conner Crowe Daugherty Dollar Dorminy Duncan Farrar
Grahl Hale Harris, J. R. Houston Howard Hutchinson Jones, M. Jordan, Ben C. Knight Lambert Lane Lea, F. R. Levitas Lovett McClatchey McDaniell
Maddox Mixon Moore, J. H. NeSmith, J. D. Phillips Pickard Ross Smith, G. L .II Smith, J. R. Spillers Walling Watkins Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
THURSDAY, FEBRUARY 10, 1966
1407
HR 265-571. By Messrs. Davis and Blalock of the 33rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Heard 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 GEOR GIA:
SECTION 1
Article VIII, 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 Heard County in the State of Georgia to be known as the Heard County Development Authority, which shall be an instrumentality of Heard 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 governing author ity of Heard County. The first members shall be appointed for terms of one, two, three, four and five years, respectively, and thereafter their successors shall be appointed for terms of five years. Members shall serve until their successors are duly appointed and qualified. Vacancies shall befilled for the unexpired term by the governing authority of Heard 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. No member of the Authority shall be a member of the govern ing authority of Heard County, but there shall be no other disquali fication to hold public office by reason of membership in the Authority.
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Heard County. The exemption from taxation herein provided shall not ex tend 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, improve, own, operate, maintain, sell, lease, as lessor or lessee, and mortgage land, buildings and real and personal property of all kinds within Heard County;
"(2) To receive and administer gifts, grants and donations and to administer trusts;
1408
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"(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, and of its funds and property to private persons and corporations operating or proposing to operate any industrial plant or establish ment within Heard 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 or bonds for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761-774), and as amended, with reference to the issuance of such certificates or bonds and validation of same insofar as such pertain to the corporate purposes of the Authority;
"(6) To contract with Heard 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;
"(7) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire 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 Heard County, and to make long-range 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 Heard 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 nec essary and appurtenant lands ond 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 equip ping 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 expansions 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 governing authority of Heard County;
THURSDAY, FEBRUARY 10, 1966
1409
"(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 con venient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against Heard County, nor the State of Georgia;
"F. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority shall have the same im munity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the state. The Au thority may be sued the same as private corporations on any contractual obligation of the Authority;
"G. The members of the Authority shall receive only such com pensation for their services to the Authority as shall be authorized by the governing authority of Heard County but such compensa tion shall be paid from funds of the Authority;
"H. Heard County is authorized to levy an annual tax as may be determined by the governing authority, but not to exceed two 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 Heard 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. Heard 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 appropriated when paid to the Authority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter defined by law;
"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or in come may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;
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"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Heard County and its citizens, industry, agriculture, trade, commerce and recrea tion within Heard County, and making of long-range plans for such development and expansion and to authorize the use of public funds of Heard County for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally con strued 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 Heard County, and the scope of its operations shall be limited to the territory embraced within Heard County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Heard County;
"M. 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 Heard County, nor 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 Heard County, subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time;
"O. 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 Heard 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 ex pansion 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 asso ciations for such purposes.
"(2) The term 'cost of project' shall embrace: The cost of lands, buildings, improvements, machinery, equipment properties, easements, rights, franchises, materials, labor and services ac quired and/or contracted for; the cost of financing charges and/or of interest prior to and during construction; architectural, account ing, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary
THURSDAY, FEBRUARY 10, 1966
1411
or incident to construction and/or improvements, and/or to deter mining the feasibility and/or practicability of the project, adminis trative 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 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 create the Heard County Development Authority and to provide
NO ( ) 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 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:
The Committee on Local Affairs moves to amend HR 265-571 by adding the following language to the end of Paragraph C Section I.
"The exemptions from taxation herein provided shall not in clude 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.
1412
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Anderson
Bagby Barber Barfield Bedgood Berry Black Blair Blalock Brackin Brantley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell
Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Colwell Cook Cox Dailey Davis Dean DeLong Dickinson Dillon Dixon Doster Drew Egan Elliott Etheridge Evensen Fleming Floyd Fulford Funk Gaissert Gary
Gaynor Gignilliat Grier Hadaway Hamilton Harrell Harrington Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham
Hill Holder Hood Howell Hull Irvin Johnson, Dr. A. S. Johnson, B.
Jones, C. M. Jones, G. Paul Jordan, W. H. Kiley Knapp Lambros Land Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt Minge Mitchell Moore, Don C. Murphy Nessmith, P.
Newton, A. S. Newton, D. L.
Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Powers Rainey Reaves Reid Richardson Roach Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, V. T. Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, B. Town send Tucker Tye Underwood Vaughan, D. N.
THURSDAY, FEBRUARY 10, 1966
1413
Vaughn, C. R. Ware Watson Webb
Wells Westlake Wiggins Williams, W. M.
Wilson, R. W. Wood
Those not voting were Messrs.:
Abney
Alexander Alien Bean Bennett Bowen Brinkley Brown, M. P. Conger Conner Crowe Daugherty Dollar Dorminy Duncan Farrar
Grahl
Hale Harris, J. R. Houston Howard Hutchinson Jones, M. Jordan, Ben C. Knight Lambert Lane Lea, F. R. Levitas Lovett Maddox McClatchey
McDaniell
Mixon Moore, J. H. NeSmith, J. D. Phillips Pickard Ross Smith, G. L. II Smith, J. R. Spillers Walling Watkins Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 273-596. By Messrs. Lane and Nessmith of the 64th:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Geor gia so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Statesboro and Bulloch County Development Authority; to provide for powers, authority, limita tions, funds, purposes and procedures connected therewith; to authorize the Authority to issue its bonds; to provide the method and manner of such issuance and validation and the effect thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
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JOURNAL OF THE HOUSE,
"1. Statesboro and Bulloch County Development Authority Created. There is hereby created a public body corporate and politic to be known as the Statesboro and Bulloch County Development Authority, hereinafter sometimes designated as the Authority, which shall be an instrumentality and a public corporation of the State of Georgia, the name of which, however, may in the future be changed by act of the General Assembly and the purpose of which shall be to acquire, construct, and equip self-liquidating projects including buildings and facilities for industrial development, pro motion, and expansion, and the cities of Statesboro, Brooklet, and Portal and Bulloch County are hereby granted the right and power by proper resolution of the appropriate governing body to sell or lease to said Authority lands and buildings owned by them.
"2. Membership. The Authority shall consist of eight members, who shall be eligible to succeed themselves. One member shall be the mayor of Statesboro, and one shall be the chairman of the Board of Commissioners of Roads and Revenues of Bulloch County. The other members shall be qualified registered voters of Bulloch County, two of whom shall be appointed by the Mayor and Council of the City of Stateboro and two of whom shall be appointed by the Board of Commissioners of Roads and Revenues of Bulloch County and two of whom shall be appointed by Bulloch County Chamber of Commerce. The terms of office of members of said Authority, as to the mayor of the City of Statesboro and the chair man of the Board of Commissioners of Roads and Revenues of Bulloch County, shall be concurrent with their respective terms as mayor and chairman. The other members of the Authority shall hold office for the term of five years and until their successors shall be appointed and qualified. Any vacancy on the Authority, except the positions of the members who shall be the mayor of the City of Statesboro and the chairman of the county commission, may be filled for any unexpired term by the body which made the appoint ment to the position which has become vacant. Immediately after such appointments, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chair man and one as Vice-Chairman, and shall elect a Secretary and a Treasurer, or a Secretary-Treasurer, who need not necessarily hold membership on the Authority. Pour members of the Authority shall constitute a quorum, and no vacancy on the Authority shall impair the right of the quorum to exercise all the right and perform all
the duties of the Authority, and in every instance a majority vote of
a quorum shall authorize any legal act of the Authority, including
all things necessary to authorize and issue revenue bonds. The
members of the Authority shall receive no compensation for their
services but may be reimbursed by the Authority for their actual
expenses properly incurred in the performance of their duties. The
Authority shall make rules and regulations for its own government,
and shall have perpetual existence. In the event the number of
members of the Authority, or the number required to constitute a
quorum, or the qualifications or compensation of the membership
of the Authority, or the manner in which the members of the
Authority shall be selected shall ever become the subject of change,
the same may be accomplished by an act of the General Assembly.
THURSDAY, FEBRUARY 10, 1966
1415
"3. Definitions. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:
"(a) The word 'Authority' shall mean the Statesboro and Bulloch County Development Authority, created hereby.
"(b) The word 'project' shall mean and include real and per sonal property acquired or held by the Authority for the assistance, promotion, establishment, and development of new industry, and the assistance, promotion, and expansion of existing industry, trade, and commerce in Bulloch County, the acquisition and improvement of any such property for any such purposes, the acquisition, con struction, installation, and expansion of one or more buildings, plants, and articles of equipment for the purpose of using, selling, leasing, and renting such land, property, improvements, structures, and equipment to public or private persons, firms, corporations, or associations for such purposes.
"(c) The term 'cost of project' shall embrace the cost of lands, buildings, improvements, machinery, equipment, property, ease ments, rights, franchises, material, labor, services acquired or con tracted for, plans and specifications, financing charges, construction costs, interest prior to and during construction, architectural, ac counting, engineering, inspection, administrative, fiscal, and legal expenses, expenses incident to determining the feasibility or prac ticability of the project, expenses incident to the acquisition, con struction, equipping, and operation of any project or any part thereof and to the placing of the same in operation and to the condemnation of any property incident to such construction and operation.
"(d) The term 'revenue bonds' as used in this amendment, shall mean revenue bonds under the provisions of the Revenue Bond Law, Ga. L. 1937, p. 761, as amended, codified in Ga. Code Ann., Ch. 87-8, and under the provisions of this amendment. The obliga tions authorized hereby may be issued by the Authority in the manner authorized by said Revenue Bond Law.
"4. Powers. The Authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and pro visions of this amendment, including, but without limiting the generality of the foregoing, the power:
"(a) to sue and be sued;
"(b) to adopt and alter a corporate seal;
"(c) to make and execute with public and private persons and corporations, contracts, leases, mortgages, rental agreements, and other instruments relating to its projects and incident to the ex ercise of the powers of the Authority including contracts for con structing, renting, and leasing of its projects;
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"(d) to acquire by purchase, lease, gift, or otherwise, and to construct any real and personal property desired to be acquired or constructed as part of any project and to improve, extend, add to, reconstruct, renovate, or remodel any project or part thereof al ready acquired;
"(e) to hold, sell, lease, exchange, transfer, assign, pledge, mortgage, or dispose of, any real and personal property and any interest therein, and grant options for any such purposes.
"(f) to mortgage, pledge, or assign any revenues, income, tolls, charges, and fees received by the Authority;
"(g) to appoint and select officers and retain agents, engineers, architects, attorneys, fiscal agents, accountants and employees and to provide their compensation and duties;
"(h) to construct, reconstruct, acquire, own, alter, repair, re model, maintain, extend, improve, operate, manage, and equip proj ects located on land owned or leased by the Authority and to pay all or part of the costs of any such project from the proceeds of revenue bonds of the Authority or from any contributions, loans, and grants by persons, firms, or corporations, including the United States of America, and any other contribution, all of which the Authority is hereby authorized to receive, accept, and use;
"(i) to acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property and rights and easements therein and franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to rent, lease, or make contracts with respect to the use of or disposition of the same in any manner it deems to the best advantage of the Authority and the purposes thereof. The Authority shall be under no obligation to accept and pay for any property condemned as provided herein except from the funds provided herein, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired as provided herein upon which any lien or other encumbrance exists, unless at the time such property is so acquired as sufficient sum of money shall be deposited in trust to pay and redeem the fair value of such
lien or encumbrance;
"(j) To accept, receive, and administer gifts, grants, loans, and devises of money, material, and property of any kind, including loans and grants from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may
impose;
THURSDAY, FEBRUARY 10, 1966
1417
"(k) To borrow money for any of its corporate purposes and to issue revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
"(1) To exercise all powers usually possessed by private cor porations performing similar functions, which are not in conflict with the Constitution and laws of this State; and
"(m) pursuant to proper resolution of the Authority, to issue revenue bonds payable from the revenues of the Authority and its projects to provide funds for carrying out the purposes of the Authority, which bonds may be issued in either negotiable, coupon form, in which event they shall have all the qualities and incidents of negotiable instruments under the law of Georgia, or they may be issued in whole or in part in non-negotiable fully registered form, without coupons, payable to a designated payee or to the registered assigns of the payee with such conversion privileges as the Au thority may provide, for the purpose of paying all or any part of the cost of any project, including the cost of constructing, recon structing, equipping, extending, adding to, or improving such proj ect, or for the purpose of refunding, as hereinafter provided, any such bonds of the Authority theretofore issued. Such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the Revenue Bond Law, Ga. L. 1937, p. 761, as amended, codified, in Ga. Code Ann., Ch. 87-8, providing for the issuance of revenue bonds, and in accordance with all terms and provisions thereof not in conflict herewith and in accordance with the Signatures on Public Securities Act, I. Ga. L. 1958, p. 689, codified in Ga. Code Ann., 87-119. As security for the payment of any revenue 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 pro vide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or in terest or upon default in the performance of any term or condition contained in any agreement or indenture entered into in connection therewith. Any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof. Such bonds are de clared to be issued for an essential public and governmental pur pose, and such bonds and all income therefrom shall be exempt from all taxation within the State of Georgia.
"5. Credit Not Pledged and Debt Not Created by Bonds. Revenue bonds issued under the provisions hereof shall not con stitute a debt or a pledge of the faith and credit of the State of Georgia, the City of Statesboro, or Bulloch County, or of any other city, county, or other political subdivision of the State, but such bonds shall be payable from the rentals, revenues, earnings, and funds of the Authority as provided in the resolution or trust agree ment or indenture authorizing the issuance and securing the pay ment of such bonds, and the issuance of such bonds shall not direct ly, indirectly, or contingently obligate the State or any city, county, or political subdivision thereof to levy or pledge any form of taxa-
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tion whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State or of any city, or county thereof nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section.
"6. Trust Agreement. In the discretion of the Authority any issue of revenue bonds may be secured by a trust agreement or indenture made by the Authority with a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the State of Georgia. Such trust agree ment or indenture may pledge and assign rents, fees, charges, revenues, and earnings to be received by the Authority. The resolu tion providing for the issuance of revenue bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver upon default of the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rents, fees, charges, or reve nues for the use of the project or projects necessary to pay all costs of operation or reserves provided for, the principal and in terest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the Authority. Such resolution and such trust agreement or indenture may include covenants setting forth the duties of the Authority in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds and covenants providing for the operation, maintenance, repair, and insurance of the project or projects and may contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. Such trust agreement or indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in securing bonds and debentures of corporations and may contain such other pro visions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust.
"7. Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of revenue bonds of the Authority for the purpose of calling, refunding, or refinancing any revenue bonds issued under the provisions hereof and then out standing, and to include in the amount of such refunding bonds all interest and any call premiums that may be required for the redemption and refunding of such outstanding bonds.
"8. Venue of Actions, Jurisdiction. Any action to protect or enforce any rights under the provisions hereof or any action against the Authority brought in the courts of the State of Georgia, shall be brought in the Superior Court of Bulloch County, Georgia, and
THURSDAY, FEBRUARY 10, 1966
1419
any action pertaining to validation of any bonds issued under the provisions hereof shall be brought in said court which shall have exclusive, original jurisdiction of such actions.
"9. Revenue Bond Validation. All bonds of the Authority shall be confirmed and validated in the Superior Court of Bulloch County in accordance with the procedure of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as amended, codified in Ga. Code Ann., Ch. 87.8. The petition for validation shall be brought against said Authority, and the defendant shall be required to show cause, if any exists, why such bonds and the security therefor should not be validated. Notice of the validation hearing shall be published by the Clerk of the Superior Court of Bulloch County in which court such validation proceedings shall be initiated. Any resident of the State of Georgia may intervene in the validation proceeding by filing an action or proceeding for such purpose prior to the entry of the judgment of the court validating such bonds and may assert any ground of objection to the validity and binding effect of such bonds and the security therefor and of such resolution and trust agreement on his own behalf and on behalf of all citizens and residents of the State of Georgia. After the expiration of such period of limitation no right of action or defense founded upon the invalidity of such bonds, resolution, trust instrument, or contracts related thereto shall be asserted nor shall the validity and binding effect of such bonds, resolution, trust instrument, or contracts be opened to question or attack in any court upon any ground what ever, except in an action of proceeding commenced and filed prior to the entry of the decree validating such bonds, and if no exception, appeal or notice of appeal to or from the decree validating such bonds is filed within thirty days from the date upon which such decree is entered, or if filed and the judgment shall be affirmed by the proper appellate court of this state, such decree shall be final and no appeal may be taken therefrom and shall be forever conclusive upon the issue of the validity of such contracts and bonds and the security therefor and of such resolution and trust agreement against the Authority issuing the same against the parties to such contracts and against all residents of the State of Georgia.
"10. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties, or existence of said Authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority shall be created which will compete with the Authority so as to affect adversely the interest and rights of the holders of such bonds nor will the State itself so compete with the Authority. The provisions hereof shall be for the benefit of the Authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
"11. Revenues, Earnings, Rents, and Charges; Use.
"(a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects
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of the Authority with revenue bonds, the Authority is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rentals, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund suf ficient with other revenue, if any, of such project or projects or of said authority:
"(i) To pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and ex traordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof unless such cost shall be otherwise provided for;
"(ii) To pay the principal of and interest on such revenue bonds as the same shall become due, including premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects;
"(iii) To comply with any sinking fund requirements con tained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds;
"(iv) To perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged;
"(v) To accumulate any excess income which may be re quired by the purchasers of such bonds or may be dictated by the requirements of such resolution or trust agreement or indenture or of achieving ready marketability of and low interest rates on such bonds;
"(vi) To pay any expenses in connection with such bond issue or of such project or projects including but not limited to trustees', attorneys', and fiscal fees.
"(b) Such rental shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor and any such contract or lease may provide for the com mencement of rental payments to the Authority prior to the com pletion of the undertaking by the Authority of any such project, and it may provide for the payment of rental during such times as such project or projects may be partially or wholly untenantable;
"(c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep including complete re construction, if necessary, the rented or leased premises and projects regardless of the cause of the necessity of such maintenance, re pair, or reconstruction;
"(d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the Authority from any and all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at the expense of the tenants or lessees, the defense of any action
THURSDAY, FEBRUARY 10, 1966
1421
brought against the Authority by reason of injury or damages to persons or property occurring on or by reason of the leased premises;
"(e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any covenant or obligation contained in any such rental contract or lease, the Authority may enforce performance by any legal or equitable process against the tenants or lessees;
"(f) The Authority shall be permitted to assign any rental to it pursuant to such rental contract or lease to a trustee or pay ing agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds;
"(g) The use and disposition of the Authority's revenue shall be subject to the provisions of the resolution authorizing the is suance of such bonds or of the trust agreement or indenture, if any, securing the same.
"12. Sinking Fund. The revenue, rents, and earnings derived from any particular project or projects and any and all revenues, rents, and earnings received by the Authority regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, unless other wise pledged, may be pledged by the Authority to payment of the principal of and interest on revenue bonds of the Authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the neces sary charges of any trustee or paying agent for paying such prin cipal and interest, and (4) any premium upon bonds retired by call or purchase, and the use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolu tion authorizing the issuance of the bonds or in the trust instrument securing the payment of the same.
"13. Exemption From Taxation. The exercise of the powers conferred upon the Authority hereunder shall constitute an essential governmental function for a public purpose, and the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and mainte nance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the Authority.
"14. Immunity From Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and
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negligence as the State of Georgia, and the officers, agents, and employees of the Authority, when in performance of work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and em ployees of the State of Georgia. The Authority may be sued the same as private corporations may be sued on any contraetural obligation of the Authority.
"15. Property Not Subject To Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income, or funds as may be pledged, assigned, mortgaged, or conveyed to secure an obligation of the Authority, and any such property, revenue, funds, or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.
"16. Trust Funds. All funds received pursuant to the au thority hereof, whether as proceeds from the sale of revenue bonds or as revenues, rents, fees, charges, or other earnings, or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied solely as provided herein, and the bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the Authority.
"17. Construction. This amendment and all provisions, rights, powers, and authority granted hereunder shall be effective, not withstanding any other provision of this constitution to the con trary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes.
"18. Effective Date. This amendment shall be effective im mediately upon proclamation of its ratification by the Governor.
"19. General Assembly. This amendment is self enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Au thority. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the ter ritory embraced within the corporate limits of Bulloch County, Georgia, as the same now or may hereafter exist, and the General Assembly shall have the power to authorize the City of Statesboro and Bulloch County, or either of them to levy taxes for the purpose of aiding the Authority.
"20. Conveyance of Property Upon Dissolution. Should said Authority for any reason be dissolved after full payment of all bonded indebtedness hereunder, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall be conveyed to Bulloch County or to the City of Statesboro, or both, in such manner as may be agreed upon by the City of Statesboro and Bul-
THURSDAY, FEBRUARY 10, 1966
1423
loch County, or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such prop erty, subject to any mortgages, liens, leases, options to purchase, or other encumbrances outstanding against or in respect to said prop erty at that time.
"21. Purpose. 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 Bulloch County and re ducing unemployment by assisting, promoting, developing, and establishing new industries and assisting, promoting, and expanding existing industries."
Section II. 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 the State 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 Statesboro and Bulloch County Development Authority and to provide for powers, authority,
NO ( ) limitations, funds, purposes, and procedures con nected therewith and to authorize the Authority to issue its bonds and to provide the method and manner of such issuance and validation and the effect thereof?"
All persons desiring to vote in favor of 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 the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secre tary of State to ascertain the result and certify the result to the Gov ernor who shall issue his proclamation thereon.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend HR 273-596 by adding the following language to the end of subparagraph 13 in Section 1.
"The exemptions from taxation herein provided shall not in clude exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority."
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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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Anderson Bagby Barber Barfield Bedgood Berry Black Blair Blalock Brackin Brantley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley Games Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Colwell Cook Cox Dailey Davis Dean DeLong Dickinson Dillon Dixon Doster Drew Egan Elliott Ether idge Evensen
Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howell Hull Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Kiley Knapp Lambros Land Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lowrey Malone
Marshall Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt Minge Mitchell Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Powers Rainey Reaves Reid Richardson Roach Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, V. T. Smith, W. L. Snellings Snow
Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor
THURSDAY, FEBRUARY 10, 1966
1425
Thomas Thompson, A. W. Thompson, R. Town send Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Ware
Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Alexander Alien Bean Bsnnett Bo wen Brinkley Brown, M. P. Conger Conner Crowe Daugherty Dollar Dorminy Duncan Farrar
Grahl Hale Harris, J. R. Houston Howard Hutchinson Jones, M. Jordan, Ben C. Knight Lambert Lane Lea, F. R. Levitas Lovett Maddox McClatchey
McDaniell Mixon Moore, J. H. NeSmith, J. D. Phillips Pickard Ross Smith, G. L. II Smith, J. R. Spillers Walling Watkins Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 274-596. By Messrs. Blalock and Davis of the 33rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Coweta County Development Authority; to provide for powers, author ity, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification 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:
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"A. There is hereby created a body corporate and politic in Coweta County in the State of Georgia to be known as the Coweta County Development Authority, which shall be an instrumentality of Coweta County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of five members who shall
serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the governing au thority of Coweta County. The first members shall be appointed for terms of one, two, three, four and five years, respectively, and thereafter their successors shall be 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 governing authority of Coweta County. A majority of members shall constitute a quorum and a majority may act for the Au thority in any matter. No vacancy shall impair the power of the Authority to act. No member of the Authority shall be a member of the governing authority of Coweta County, but there shall be no other disqualification to hold public office by reason of member ship in the Authority.
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of
Coweta 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, improve, own, operate, maintain, sell, lease, as lessor or lessee, and mortgage land, buildings and real and personal property of all kinds within Coweta 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 proposing to operate any industrial plant or estab lishment within Coweta 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 sll, con vey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
"(5) To issue revenue anticipation certificates or bonds for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges
THURSDAY, FEBRUARY 10, 1966
1427
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 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 Coweta 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;
"(7) To have and exercise usual powers of private corpora tions except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority and the power to adopt and amend a corporate seal and 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 Coweta County, and to make long-range 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 structure within the limits of Coweta County suitable for and intended for use as a factory, mill, shop, processing plant, as sembly 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 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. All of such acquisitions of prop erty or machinery, equipment or furnishings may be made through the use of funds derived through the issuance of revenue certificates and all expansions 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 governing authority of Coweta 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 con venient to accomplish the purpose and powers of the Authority as herein stated.
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"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against Coweta County, nor the State of Georgia;
"P. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority;
"G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be au thorized by the governing authority of Coweta County but such compensation shall be paid from funds of the Authority;
"H. Coweta County is authorized to levy an annual tax as may be determined by the governing authority, but not to exceed two 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 Coweta County to the Authority and when paid to the Authority, shall become a part of its funds and may be sued 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. Coweta 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 re ceipts 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 defined by law;
"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or in come may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;
"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Coweta County and its citizens, industry, agriculture, trade commerce and recrea tion within Coweta County, and making of long-range plans for such development and expansion and to authorize the use of public funds of Coweta County for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;
THURSDAY, FEBRUARY 10, 1966
1429
"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 Coweta County, and the scope of its operations shall be limited to the territory em braced within Coweta County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its opera tions beyond the limits of Coweta 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 Coweta County, nor 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 Coweta County, subject to any mortgages, liens, leases or other encumbrances 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 Coweta County, or any combination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; and/or the construction, installation and/or expansion of one or more buildings, plants, and/or articles of equipment for the purpose of using, selling, donating, leasing and/or renting such land, properties, improvements, structures or equip ment to public or private persons, firms, corporations and/or as sociations for such purposes.
"(2) The term 'cost of project' shall embrace: The cost of lands, buildings, improvements, machinery, equipment, properties, easements, 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 specification; and/or any other ex penses necessary or incident to construction and/or improvements, and/or to determining the feasibility and/or practicability of the project, administrative expenses, and/or the acquisition, construc tion, 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."
1430
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 branchs 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 create the Coweta County Development Authority and to
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 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 following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HR 274-596 by adding the following language at the end of paragraph C in Section 1.
"The exemptions from taxation herein provided shall not in clude 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.:
Adams Anderson Bagby
Barber Barfield Bedgood
Berry Black Blair
THURSDAY, FEBRUARY 10, 1966
1431
Blalock Brackin Brantley Brown, B. D.
Brown, C. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Cook Cox Dailey Davis Dean DeLong Dickinson Dillon Dixon Doster Drew Egan Elliott Etheridge Evensen Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, R. W. Harrison
Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howell Hull Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Kiley Knapp Lambros Land Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt Minge Mitchell Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish
Peterson Powers Rainey Reaves Reid Richardson Roach Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, V. T. Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Town send Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Ware Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs. :
Abney Alexander Alien
Bean Bennett Bo wen
Brinkley Brown, M. P. Conger
1432
Conner Crowe Daugherty Dollar Dorminy Duncan Farrar Grahl Hale Harris, J. R. Houston Howard Hutchinson
JOURNAL OF THE HOUSE,
Jones, M. Jordan, Ben C. Knight Lambert
Lane Lea, F. R. Levitas Lovett Maddox McClatchey McDaniell Mixon Moore, J. H.
NeSmith, J. D. Phillips Pickard Eoss
Smith, G. L. II Smith, J. R. Spillers Walling Watkins Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 264-571. By Messrs. Wilson and Henderson of the 102nd, Jordan of the 103rd and McDaniell of the 101st:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for special qualifications for electors which shall be eligible to vote in any election conducted within Cobb County prior to Cobb County or any political subdivision located therein incurring indebtedness; 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 VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"Notwithstanding any other provisions of this Constitution to the contrary, only those citizens of Cobb County who are qualified voters and who own an interest in real estate which is subject to ad valorem taxation, and the spouse of such citizen if the spouse is a registered voter, shall be eligible to vote in elections required to be held prior to Cobb County or any political subdivision located therein incurring any indebtedness, bonded or otherwise. It shall be the duty of the governing authority of Cobb County to prepare and maintain a list of the citizens of Cobb County who are entitled to vote in any such election. The governing authority of Cobb
THURSDAY, FEBRUARY 10, 1966
1433
County or any political subdivision located therein is authorized to contract for the preparation and use of such a list of qualified electors and is authorized to expend public funds for such purposes."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 special qualifications for electors which shall be eligible to vote in any election conducted
NO ( ) within Cobb County prior to Cobb County or any political subdivision located therein incurring indebtedness?"
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, 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.:
Adams Anderson Bagby Barber Barfield Bedgood
Berry Black Blair Blalock Brackin Brantley
Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell
1434
Carley Carnes Carr Gates Chandler Clarke, H. G.
Clark, J. T. Collins, J. F. Collins, M. Colwell Cook Cox Dailey Davis Dean DeLong Dickinson Dillon Dixon Doster Drew Egan Elliott Etheridge Evensen Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder
JOURNAL OF THE HOUSE,
Hood Howell Hull Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Kiley Knapp Lambros Land Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt Minge Mitchell Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Powers Rainey
Reaves Reid Richardson Roach Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, V. T. Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Ware Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Alexander Alien Bean
Bennett Bo wen Brinkley Brown, M. P.
Conger Conner Crowe Daugherty
THURSDAY, FEBRUARY 10, 1966
1435
Dollar Dorminy Duncan Farrar Grahl Hale Harris, J. R. Houston Howard Hutchinson Jones, M. Jordan, Ben C.
Knight Lambert Lane Lea, F. R. Levitas Lovett Maddox McClatchey McDaniell Mixon Moore, J. H. NeSmith, J. D.
Phillips Pickard Ross Smith, G. L. II Smith, J. R. Spillers Walling Watkins Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 266-571. By Mr. Rainey of the 69th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the City of Cordele to issue revenue bonds for the purpose of financing the costs of paving or otherwise repairing and constructing streets and sidewalks and the relocation and repairing of utility and drainage facilities, and to assess the cost thereof against abutting property owners for the repayment of such bonds; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary not withstanding, the governing authority of the City of Cordele is hereby authorized to issue revenue bonds or obligations to finance in whole or in part the laying out, grading, paving, repaving, re surfacing and repairing of streets and sidewalks and the relocation and repairing of utility and drainage facilities within the corporate limits of the City of Cordele. Said governing authority shall be authorized to assess all or a portion of the cost of such laying out, grading, paving, repaving, resurfacing and repairing of such streets and sidewalks and the relocation and repairing of utility
1436
JOURNAL OF THE HOUSE,
and drainage facilities against the abutting property owners thereof for the purpose of repaying any revenue bonds or obligations issued hereunder. Said governing authority shall also be authorized to provide for the issuance and enforcement of executions for the collection of such assessments and for the creation of liens thereby
against such abutting property. Said governing authority shall be authorized to allow said abutting property owners to pay said assessments over a period of years and may charge interest on the principal amount of such assessments at a rate not to exceed 6% per annum, or, in the event execution is issued, not to exceed 7% per annum from the time of issuance of such execution until such assessment is paid or otherwise satisfied. All funds received from the assessment of said abutting property owners shall be placed
in a separate fund by said governing authority and shall be used exclusively for the purpose of repaying any revenue bonds or obligations issued hereunder. The cost of such laying out, grading, paving, repaving, resurfacing and repairing of streets and side walks and the relocation and repairing of utility and drainage facilities shall be determined and assessed under uniform rules and regulations as adopted from time to time by the governing' authority of the City of Cordele and applied uniformly to all streets, sidewalks and properties of the same class and similarly situated. Any revenue bonds authorized to be issued hereunder shall be issued and validated pursuant to the provisions of the Revenue
Bond Law, approved March 31, 1937 (Ga. Laws 1937, p. 761) as the same is now or may hereafter be amended. Any revenue bonds
issued hereunder shall not be deemed debts of, or create debts against the City of Cordele, and the governing authority of the City of Cordele shall not exercise the power of taxation for the purpose of paying1 the principal or interest of any such revenue bonds or
any part thereof."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to au thorize the City of Cordele to issue revenue bonds for the purpose of financing the costs of paving
NO ( ) or otherwise repairing and constructing streets and sidewalks and the relocation and repairing of utility and drainage facilities and to assess the cost thereof against abutting property owners for the repayment of such bonds?"
THURSDAY, FEBRUARY 10, 1966
1437
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.
Adams Anderson Bagby Barber Barfield Bedgood Berry Black Blair Blalock Brackin Brantley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Colwell Cook Cox Dailey
Da vis Dean DeLong Dickinson Dillon Dixon Doster Drew Egan Elliott Etheridge Evensen Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, R. W. Harrison Hawkins Henderson Herndon
Higginbotham Hill Holder Hood Howell Hull Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Kiley Knapp Lambros Land Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt
1438
Minge Mitchell Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby ?afford Palmer Paris Parker Parrish Peterson Powers Rainey Reaves Reid Richardson
JOURNAL OF THE HOUSE,
Roach Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, V. T. Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan
Sweat Taylor Thomas Thompson, A. W. Thompson, R. Town send Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Ware Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Alexander Alien Bean Bennett Bowen Brinkley Brown, M. P. Conger Conner Crowe Daugherty Dollar Dorminy Duncan Farrar
Grahl Hale Harris, J. R. Houston Howard Hutchinson Jones, M. Jordan, Ben C. Knight Lambert Lane Lea, F. R. Levitas Lovett Maddox McClatchey
McDaniell Mixon Moore, J. H. NeSmith, J. D. Phillips Pickard Ross Smith, G. L. II Smith, J. R. Spillers Walling Watkins Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 271-571. By Mr. Grahl of the 52nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to consolidate and combine the offices of the
THURSDAY, FEBRUARY 10, 1966
1439
clerk of the superior court and ordinary of Crawford County into one office and to provide that the various duties and responsibilities of each such office shall be discharged and exercised by the consolidated office; to authorize the General Assembly to provide the procedure con nected 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 XI, Section II of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The General Assembly is hereby authorized to consolidate and combine the offices of the clerk of the superior court and the ordinary of Crawford County into one office. The General As sembly is further authorized to provide the necessary procedures connected with such consolidation and to provide for the election, compensation, duties and responsibilities of such officer."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to au thorize the General Assembly to consolidate and
NO ( ) combine the offices of the clerk of the superior court and the ordinary of Crawford County into one office?"
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.
1440
JOURNAL OP THE HOUSE,
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Anderson
Barber Barfield Bedgood Berry Black Blair Blalock Brackin Brantley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley Games Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Cook Cox Dailey Davis Dean DeLong Dickinson Dillon Dixon Doster Drew Egan Elliott Etheridge Evensen Fleming
Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howell Hull Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Kiley Knapp Lambros Land Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lowrey Malone Marshall Matthews, C.
Matthews, D. R. Mauldin McCracken Melton Merritt Minge Mitchell Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Powers Rainey Reaves Reid Richardson Roach Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, V. T. Smith, W. L. Snellings Snow Spikes Stalnaker Starnes
THURSDAY, FEBRUARY 10, 1966
1441
Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W.
Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Ware Watson
Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Alexander Alien Bean Bennett Bowen Brinkely Brown, M. P. Conger Conner Crowe Daugherty Dollar Dorminy Duncan Farrar
Grahl Hale Harris, J. R. Houston Howard Hutchinson Jones, M. Jordan, Ben C. Knight Lambert Lane Lea, F. R. Levitas Lovett Maddox McClatchey
McDaniell Mixon Moore, J. H. NeSmith, J. D. Phillips Pickard Ross Smith, G. L. II Smith, J. R. Spillers Walling Watkins Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 272-578. By Mr. Paris of the 23rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Barrow County School System by merging the independent school sys tem of the City of Winder and the county school system of Barrow County into one school district; to create a Board of Education of said System; to provide for the appointment of a School Superintendent of said System; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERALASSEMBLY OF GEORGIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding to the end thereof the following:
1442
JOURNAL OF THE HOUSE,
"Effective at the time and in the manner provided hereinafter there is hereby created the Barrow County School System by merg ing the independent school system of the City of Winder and the existing school district in the County of Barrow outside the cor
porate limits of the City of Winder. The Barrow County School System shall be one school district and shall encompass the ter ritorial limits of Barrow County as the same may now or here after exist or be defined. The Barrow County School System shall be subject to all constitutional and statutory provisions relative to county school districts and county school systems unless such pro visions are in conflict with this amendment or laws enacted pur suant to the authority of said amendment. For the purposes of this provision, the Auburn School District which shall hereafter be referred to and known as the Auburn School Area, the Bethlehem School District which shall hereafter be referred to and known as the Bethlehem School Area, the County Line School District which shall hereafter be referred to and known as the County Line School Area, the Holsenbech School District which shall hereafter be referred to and known as the Holsenbech School Area, and the Stathan School District which shall hereafter be referred to and known as the Stathan School Area, shall remain as constituted and defined by the Board of Education of Barrow County at the time of ratification of this amendment, unless specifically provided otherwise by any Act of the General Assembly or any amendment thereto relative to the Barrow County School System. For the purposes of this provisions, the Winder School District which shall
hereafter be referred to and known as the Winder School Area shall remain as constituted and defined by the Board of Education of the independent school system of the City of Winder at the time of ratification of this amendment, unless specifically provided otherwise by any Act of the General Assembly or any amendment thereto relative to the Barrow County School System. The General Assembly may delegate to the Board of Education of the Barrow County School System the authority to decrease the size of, enlarge the size of and to redefine the school areas herein named.
There is hereby created a Board of Education of the Barrow County School System and said school system shall be confined to the control and management of said Board of Education. Said Board of Education shall be composed of nine members as follows: one member from the Auburn School Area, one member from the Bethlehem School Area, one member from the County Line School Area, one member from the Holsenbech School Area, one member from the Stathan School Area and four members from the Winder School Area. Except for the initial or first members of said Board, the terms of the members of said Board shall be four years. All members of said Board shall take office on the first day of January immediately following their selection, appointment or election to office. In the event a member moves his residence from the area
he represents, a vacancy shall exist in such area and shall be filled in the same manner as other vacancies are filled. In the event
the area of any school area is decreased, enlarged or redefined so
that such area does not include the residence of the member
representing such area, such member shall nevertheless represent such area until the expiration of his term of office. At its first
THURSDAY, FEBRUARY 10, 1966
1443
meeting, the members of the Board shall elect one of their number to serve as Chairman and at its first meeting in January of each year thereafter the members of the Board shall elect one of their number to serve as Chairman for the ensuing year and until the election of a Chairman in the subsequent year. A member shall be eligible to succeed himself as Chairman of the Board and a member, so long as he remains a resident of the area he represents, shall be eligible to succeed himself as a member of the Board. The Gen eral Assembly is hereby authorized to provide by law the manner of selection, appointment or election and the time of selection, ap pointment or election of the members of the Board of Education of the Barrow County School System and to provide for the filling of vacancies on said Board.
The independent school system of the City of Winder and the Board of Education thereof and the existing School District in the County of Barrow outside the corporate limits of the City of Winder and the Board of Education thereof shall continue to exist until July 1, 1967, at which time said School Systems and the Boards of Education thereof shall stand abolished. On July 1, 1967 the Barrow County School System and the Board of Education thereof herein created shall come into existence and shall become the suc cessors to such abolished School Systems and Boards of Education and shall be subject to all constitutional and statutory provisions relative to county boards of education, unless such provisions are in conflict with the provisions of this amendment or laws enacted pursuant to the authority of said amendment.
There is hereby established within the Barrow County School System the office of School Superintendent of the Barrow County School System and a School Superintendent of the Barrow County School System. The School Superintendent of the Barrow County School System shall be appointed by the Board of Education of the Barrow County School System. A majority vote of said Board shall be necessary for the appointment of said School Superinten dent. The first School Superintendent of the Barrow County School System shall be appointed at the first meeting of the Board. The School Superintendent shall be elected for a term of not less than one year and shall receive such salary and other compensation as the Board may determine. The School Superintendents of the in dependent school system of the City of Winder and the existing school district in the County of Barrow outside the corporate limits of the City of Winder shall continue to serve as such and the of fices of each shall continue to exist until July 1, 1967 at which time the offices of each, and the terms of offices of each such Superintendent, shall stand abolished. On July 1, 1967 the School Superintendent of the Barrow County School System created herein shall assume the duties of his office and shall be the successor to such Superintendents. Said Superintendent shall be subject to all constitutional and statutory provisions relative to county school superintendents unless such provisions are in conflict with the pro visions of this amendment or laws enacted pursuant to the au thority of said amendment.
The governing authority of Barrow County is hereby au thorized to levy a tax on all taxable property in Barrow County
1444
JOURNAL OF THE HOUSE,
for the support and maintenance of education within the limitations and as provided in Article VIII, Section XII, Paragraph I of the Constitution as now or hereafter amended, and said governing authority shall be governed by provisions for removing or increas ing the limitations therein provided. The governing authority shall levy the amount of taxes designated by the Board of Education of the Barrow County School System.
The General Assembly shall be authorized to provide by law for all matters relative to the Barrow County School System, the Board of Education thereof and the School Superintendent thereof. On the date provided for herein for the new system to come into existence, all property and facilities and all assets of the two systems so merged shall become the property, facilities and assets of the Barrow County School System. The General Assembly shall be authorized to provide by law appropriate provisions relative to existing contracts, payment of debts, bonded indebtedness and all other obligations of the existing independent school system of the City of Winder and the existing school district in the County of Barrow outside the corporate limits of the City of Winder existing on the date the Barrow County School System and the Board of Education thereof shall come into existence. Notwithstanding the merged system and the Board of Education thereof and the superin tendent thereof shall not replace the present systems, boards and superintendents until July 1, 1967; the General Assembly is hereby authorized to provide by law all matters as shall be necessary prior to that date such as the selection, appointment or election of mem bers of the Board of Education, appointment by said Board of the school superintendent and other necessary and related matters to effectuate and implement the provisions herein and laws authorized pursuant thereto. The General Assembly is hereby authorized to repeal, amend, modify or change any laws enacted pursuant to this amendment.
The authority herein granted to the General Assembly and the authority to be granted by the General Assembly to effectuate and implement the purposes of this amendment shall exist notwithstand ing any other provisions of this Constitution or any general or special laws of the State of Georgia.
Authority is hereby granted to the governing authority of Barrow County to maintain the school system herein provided and to support the same. Said school system may add thereto, maintain and support, acquire, construct and equip real property, buildings and facilities for education beyond the twelfth (12th) grade and shall be authorized to maintain, support and add thereto vocational schools and colleges. The General Assembly shall be authorized to provide by law that the governing authority of any municipality in Barrow County and the governing authority of Barrow County shall be authorized to appropriate money from their general funds to the Board of Education of the Barrow County School System.
The Board of Education of the Barrow County School System shall be authorized to meet on as many days as it may deem neces sary from June 15, 1967, until July 1, 1967, for the purposes of
THURSDAY, FEBRUARY 10, 1966
1445
electing a chairman of said Board, appointing the School Superin tendent of the Barrow County School System, and to effectuate an orderly transition of the independent school system of the City of Winder and the existing school district of the County of Barrow outside the corporate limits of the City of Winder into the Barrow County School System created herein. The first meeting of the Barrow County School System shall be called by the School Superin tendent of the existing school district of the County of Barrow outside the corporate limits of the City of Winder."
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 wtih 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 Barrow County School System by merging the independent school system of the City of Winder and the county school system of Barrow
NO ( ) County into one school district; to create a Board of Education of said System and to provide for the appointment of a School Superintendent of said System?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
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:
1446
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Adams Anderson Bagby Barber Barfield Bedgood Berry Black Blair Blalock Brackin Brantley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Colwell Cook Cox Dailey Davis Dean DeLong Dickinson Dillon Dixon Doster Drew Egan Elliott Etheridge Evensen Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway
Hamilton Harrell Harrington Harris, J. F. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howell Hull Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Kiley Knapp Lambros Land Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken
Melton Merritt Minge Mitchell Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer
Paris Parker Parrish Peterson Powers Rainey Reaves Reid Richardson Roach Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, V. T. Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Town send Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Ware Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
THURSDAY, FEBRUARY 10, 1966
1447
Those not voting were Messrs.:
Abney Alexander Alien Bean Bennett Bowen Brinkley Brown, M. P. Conger Conner Crowe Daugherty Dollar Dorminy Duncan Farrar
Grahl Hale Harris, J. R. Houston Howard Hutchinson Jones, M. Jordan, Ben C. Knight Lambert Lane Lea, P. R. Levitas Lovett Maddox McClatchey
McDaniell Mixon Moore, J. H. NeSmith, J .D. Phillips Pickard Ross Smith, G. L. II Smith, J. R. Spillers Walling Watkins Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 281-602. By Messrs. Collins of the 62nd and Underwood of the 61st:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Vidalia Development Authority to extend its activities into Montgo mery County and to provide the procedure connected therewith; 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 V, Paragraph I of the Constitution, as amended by an Amendment creating the Vidalia Development Au thority, found in Ga. Laws 1956, p. 426 and ratified at the general election of 1956, and as further amended by an Amendment found in Ga. Laws 1962, p. 1131 and ratified at the general election of 1962, is hereby amended by adding a new subparagraph to the aforesaid 1956 Amendment to be designated as Subparagraph O to reads as follows:
"0. Any other provisions of this Paragraph to the contrary notwithstanding, the Vidalia Development Authority is hereby au thorized to extend its operations into that portion of Montgomery County in which a part of the City of Vidalia lies. It is also au thorized to extend its operations into other parts of Montgomery County upon prior approval of the governing authority of Montgo mery County."
1448
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 au thorize the Vidalia Development Authority to
NO ( ) extend its activities into Montgomery County and to provide the procedure connected therewith?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The 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.:
Adams Anderson Bagby Barber Barfield Bedgood Berry Black Blair Blalock Brackin Brantley Brown, B. D.
Brown, C. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F.
Collins, M. Colwell Cook Cox Dailey Davis Dean DeLong Dickinson Dillon Dixon Doster Drew
THURSDAY, FEBRUARY 10, 1966
1449
Egan Elliott Etheridge Evensen Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howell Hull Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Kiley Knapp Lambros Land Lee, W. J. (Bill)
Lee, W. S. Leonard
Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCraoken Melton Merritt Minge Mitchell Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Powers Rainey Reaves Reid Richardson Roach Rowland Rush Russell
Savage Sherman Shields Sims Simkins Smith, A. B. Smith, V. T. Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W.
Thompson, R. Townsend
Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Ware Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Alexander Alien Bean Bennett Bo wen Brinkley Brown, M. P. Conger Conner Crowe
Daugherty Dollar Dorminy Duncan Farrar Grahl Hale Harris, J. R. Houston Howard Hutchinson
Jones, M. Jordan, Ben C. Knight Lambert Lane Lea, F. R. Levitas Lovett Maddox McClatchey McDaniell
1450
Mixon Moore, J. H. NeSmith, J. D. Phillips, G. S. Pickard
JOURNAL OF THE HOUSE,
Boss Smith, G. L. II Smith, J. R. Spillers Walling
Waktins Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 167, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 283-624. By Messrs. Smith, Mitchell and Leonard of the 3rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Whitfield County to license and otherwise regu late the hauling, dumping, burning and other related matters of materials in said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of Whitfield County is hereby author ized and empowered to assess and collect license fees from all per sons, firms, and corporations hauling or dumping or burning or disposing in any manner of any personal property of any kind in Whitfield County. The governing authority is hereby authorized and empowered to regulate by ordinance the hauling or dumping or burning or disposing in any manner of any personal property of any kind in said county. Regulation may be by zoning or in any manner the governing authority provides. The governing authority is hereby authorized and empowered to provide penalties for the violation of any ordinances adopted pursuant to the power and authority provided for herein and violators shall be prosecuted in the Superior Court of Whitfield County."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
THURSDAY, FEBRUARY 10, 1966
1451
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Whitfield County to license
NO ( ) and otherwise regulate the hauling, dumping, burning tayn?d"other related matters of materials in said coun
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.:
Adams Anderson Bagby Barber Barfield Bedgood Berry Black Blair Blalock Brackin Brantley
Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley
Carnes Carr Gates
Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Cook Cox Dailey Davis Dean DeLong
Dickinson Dillon Dixon Doster Drew Egan Elliott
Etheridge Evensen Fleming
Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hamilton Harrell Harrington
Harris, J. F. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham
Hill Holder Hood
1452
JOURNAL OF THE HOUSE,
Howell Hull Irvin Johnson, Dr. A. S. Johnson, R. Jones, C. M. Jones, G. Paul Jordan, W. H. Kiley Knapp Lambros Land Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt
Minge Mitchell Moore, Don C. Murphy
Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer
Paris Parker Parrish Peterson Powers Rainey Reaves Reid Richardson Roach Rowland Rush Russell
Savage Sherman Shields Sims Simkins Smith, A. B. Smith, V. T. Smith, W. L.
Snellings
Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend
Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R.
Ware Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Alexander Alien Bean Bennett Bowen Brinkley Brown, M. P. Conger Conner Crowe Daugherty Dollar Dorminy Duncan Farrar
Grahl Hale Harris, J. R. Houston Howard Hutchinson Jones, M. Jordan, Ben C. Knight Lambert Lane Lee, F. R. Levitas Lovett Maddox McClatchey
McDaniell Mixon Moore, J. H. NeSmith, J. D.
Phillips Pickard
Ross Smith, G. L. II Smith, J. R. Spillers Walling Watkins Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
THURSDAY, FEBRUARY 10, 1966
1453
HR 284-624. By Messrs. Gary, Lee and Harrell of the 35th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Clayton County to levy a tax not exceeding onefourth mill on all of the taxable property in the county, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Clayton County and to provide that said fund may be used to pay the expenses incidental to the above set forth purposes; to provide for the submission of this amendment for ratifica tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, as amended, is hereby amended by adding at the end of Para graph I the following:
"The governing authority of Clayton County is hereby author ized to levy a tax, in addition to those already provided by law, not to exceed one-fourth mill, on all the taxable property in the county, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Clayton County. Said governing authority shall be authorized to expend said funds for the aforesaid purposes including paying for advertising and other promotional expenses incidental thereto."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Said proposed con stitutional amendment shall be submitted as provided in said paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Clayton County to levy a tax not exceeding one-fourth mill on all of the taxable property in the county for the purpose of creating a fund to be used in assisting, promoting, and encour-
NO ( ) aging the location of industries in Clayton County, and to provide that said fund may be used to pay the expenses incidental to the above set forth purposes?"
1454
JOURNAL OF THE HOUSE,
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.
Adams Anderson Bagby Barber Barfield Bedgood Berry Black Blair Blalock Brackin Brantley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley Games Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Colwell Cook Cox Dailey Davis
Dean DeLong Dickinson Dillon Dixon Doster Drew Egan Elliott Etheridge Evensen Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill
Holder Hood Howell Hull Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Kiley Knapp Lambros Land Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt Minge Mitchell Moore, Don C.
Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Powers Rainey Reaves Reid Richardson Roach Rowland
THURSDAY, FEBRUARY 10, 1966
1455
Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, V. T. Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat
Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Ware Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Alexander Alien Bean Bennett Bowen Brinkley Brown, M. P. Conger Conner Crowe Daugherty Dollar Dorminy Duncan Farrar
Grahl Hale Harris, J. R. Houston Howard Hutchinson Jones, M. Jordan, Ben C. Knight, D. W. Lambert Lane Lee, F. R. Levitas Lovett Maddox McClatchey
McDaniell Mixon Moore, J. H. NeSmith, J. D.
Phillips Pickard Ross Smith, G. L. II Smith, J. R.
Spillers Walling Watkins Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Mr. Hull of the 106th arose to a point of personal privilege and addressed the House.
1456
JOURNAL OP THE HOUSE,
Mr. Lowrey of the 13th presented the Berry College Singers of Rome, Georgia, who ably rendered several selections for the members of the House.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 40. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend Code Chapter 27-25, relating to criminal sentences, so as to revise procedures with respect thereto in both jury and non-jury cases; and for other purposes.
Referred to the Committee on Judiciary.
SB 124. By Senator Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act requiring Banks and other entities doing a trust business to secure uninvested trust funds, so as to provide that such uninvested trust funds may be secured by additional obligations; and for other purposes.
Referred to the Committee on Banks and Banking.
SB 130. By Senators Johnson of the 38th, Wesberry of the 37th, Ward of the 39th and others:
A Bill to be entitled an Act to amend Code Chapter 92-63, relating to the compilation of tax returns and the preparation of tax digests by the tax receivers, so as to delete therefrom the requirement that the names of colored taxpayers be compiled separately on the tax digest; and for other purposes.
Referred to the Committee on Judiciary.
SB 159. By Senator Dean of the 6th:
A Bill to be entitled an Act to declare that the practice of nudism in any manner whatsoever shall be against the public policy of the State of Georgia; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 166. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th and others:
A Bill to be entitled an Act to amend an Act relating to the punishment of any person who shall desecrate the burial place of any human body, so as to provide life imprisonment in lieu of the death penalty; and for other purposes.
Referred to the Committee on Judiciary.
THURSDAY, FEBRUARY 10, 1966
1457
SB 178. By Senators Gillis of the 20th, Gayner of the 5th, Dean of the 6th, and others:
A Bill to be entitled an Act to amend Code Section 34-1006, relating to the qualification of candidates in primaries, so as to provide the time for qualifying; and for other purposes.
Referred to the Committee on Judiciary.
Mr. Irvin of the llth asked unanimous consent that the following Bill of the Senate be recommitted to the Insurance Committee:
SB 34. By Senators Ballew of the 50th, Kilpatrick of the 44th and others:
A Bill to be entitled an Act to amend an Act relating to property in surance so as to provide for the inspection of property insured against fire, and for other purposes.
The consent was granted and SB 34 was recommitted to the Insurance Com mittee.
Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 23-44. By Mr. Lovell of the 6th: A Resolution compensating Mr. Clayton Ramey; 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 134, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 227-480. By Mr. Overby of the 16th: A Resolution compensating William T. Bell; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
1458
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the ayes were 134, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 229-494. By Mr. Maddox of the 8th: A Resolution compensating Mr. Joe B. Bunch; 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 134, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 230-494. By Mr. Maddox of the 8th:
A Resolution compensating Mr. William Walraven; 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 134, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 260-557. By Mr. Wilson of the 102nd: A Resolution compensating Mr. Clyde Glore; 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 134, nays 0.
THURSDAY, FEBRUARY 10, 1966
1459
The Resolution, having received the requisite constitutional majority, was adopted.
HR 251-534. By Mr. Barber of the 24th: A Resolution compensating Mr. J. W. Keith; 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 134, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 252-534. By Mr. Barber of the 24th: A Resolution compensating Mr. Daniel L. Sailors; 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 134, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 259-557. By Mr. Wilson of the 102nd: A Resolution compensating Mr. A. L. Hyde and Mr. Harold Hyde; 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 134, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
1460
JOURNAL OF THE HOUSE,
HR 93-165. By Mr. Overby of the 16th: A Resolution to compensate Den M. Acres, Jr.; and for other purposes.
The following Committee amendment was read and adopted:
"The Committee on Appropriations moves to amend HR 93-165 by striking the figures $115.75 and inserting the figures $99.63 in lieu thereof."
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 134, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 177-385. By Mr. Harris of the 118th:
A Resolution compensating Mr. and Mrs. Samuel C. Williams; and for other purposes.
The following amendment was read and adopted:
"The Committee on Appropriations moves to amend HB 177-385 by striking the figures $2,362.18 and inserting the figures $985.70, in lieu thereof."
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 134, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 189-407. By Mr. Collins of the 62nd:
A Resolution compensating Deputy Sheriff Dessie Kea; and for other purposes.
THURSDAY, FEBRUARY 10, 1966
1461
The following amendment was read and adopted:
"The Committee on Appropriations moves to amend HR 189-407 by striking the figures $282.50 and inserting the figures $147.50 in lieu thereof".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 134, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 192-412. By Mr. Rainey of the 69th: A Resolution to compensate William Myers Brock; and for other purposes.
The following amendment was read and adopted:
"The Committee on Appropriations moves to amend HR 192-412 by striking the figures $11,784.87 and inserting the figures $712.45 in lieu thereof."
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 134, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 231-494. By Mr. Maddox of the 8th: A Resolution compensating Easter Faye Garrett; and for other purposes.
The following amendment was read and adopted:
"The Committee on Appropriations moves to amend HR 231-494 by striking the figures $350.00 and inserting the figures $300.00 in lieu thereof."
1462
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 134, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 249-529. By Mr. Johnson of the 25th: A Resolution compensating Alan Vaughter; and for other purposes.
The following amendment was read and adopted:
"The Committee on Appropriations moves to amend HR 249-529 by striking the figures $287.68 and inserting the figures $181.50 in lieu thereof."
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 134, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 285-636. By Messrs. Newton and Lewis of the 50th:
A Resolution to authorize the Governor, acting for and on behalf of the State of Georgia, to execute a deed to the United States conveying a certain tract or parcel of land now owned by the State; located in Jenkins 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.:
Adams Alexander Alien
Bagby Barber Berry
Black Blair Blalock
Brinkley Brown, M. P. Bryant Byrd Carley Carnes Carr Gates Chandler Clark, J. T. Collins, J. P. Collins, M. Colwell Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Doster Duncan Egan Etheridge Evensen Fleming Floyd Fulford Funk Gaissert Gaynor Hadaway Hale Hamilton Harrell Harris, J. F. Harris, J. R. Harrison Herndon
THURSDAY, FEBRUARY 10, 1966
1463
Higginbotham
Hill Holder Howell Hull Johnson, Dr. A. S. Jones, C. M. Jordan, W. H. Kiley Knight Land Lane Lee, W. S. Lewis Lovell Lovett Lowrey Maddox Malone Matthews, D. R. Mauldin McCracken McDaniell
Melton Minge Moore, Don C. Murphy NeSmith, J. D. Nessmith, P.
Newton, A. S. Newton, D. L.
Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson
Phillips Powers Reaves Richardson Roach Ross Rowland Rush Russell Savage Sherman Shields Sims Smith, G. L. II Smith, V. T. Smith, W. L.
Snellings Spillers Stalnaker Starnes Steis Stovall Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W . Wood
Those not voting were Messrs.:
Abney Anderson Barfield Bean Bedgood Bennett Bo wen Brackin Brantley Brown, B. D. Brown, C.
Busbee Caldwell Clarke, H. G. Conger Conner Cook Cox Dixon Dollar Dorminy Drew
Elliott Farrar Gary Gignilliat Grahl Grier Harrington Harris, R. W. Hawkins Henderson Hood
1464
Houston Howard Hutchinson Irvin Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Leonard Levitas
JOURNAL OF THE HOUSE,
Longino Marshall Matthews, C. McClatchey Merritt Mitchell Mixon Moore, J. H. Odom Pickard Rainey Reid Simkins Smith, A. B. Smith, J. R.
Snow Spikes Stewart Story Sullivan Sweat Tucker Underwood Ware Watson Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 128, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Messrs. Brown of the 120th and Odom of the 79th requested that the Journal record them as voting "aye" on the adoption of HR 285-636.
HR 287-650. By Messrs. McCracken of the 49th, Phillips of the 41st, Sherman and DeLong of the 105th and others:
A Resolution creating the Rivers and Harbors Development Commission of the State of Georgia; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Alien Anderson Barber Berry Black
Blair Blalock Brackin Brinkley Brown, M. P. Bryant Byrd
Caldwell Carley Carnes Carr
Gates Clark, J. T. Collins, J. F.
THURSDAY, FEBRUARY 10, 1966
1465
Collins, M. Conger Crowe Dailey Daugherty Davis Dickinson Dillon Dollar Doster Drew Duncan Egan Ethridge Evensen Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Hadaway Hale Harrell Harris, J. F. Harris, J. R. Harrison Henderson Herndon Holder Howard Howell Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul
Jordan, Ben C. Jordan, W. H. Kiley Knight Land Lane Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, D. R. McClatchey McCracken Melton Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell
Overby Pafford Parker Parrish Peterson Phillips
Powers Rainey Reaves Richardson Roach Rowland Rush Russell Savage Shields Sims Smith, G. L. II Smith, W. L. Spikes Spillers Stalnaker Starnes Steis Stewart Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tye Underwood Walling Watkins Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Bagby Barfield Bean Bedgood Bennett Bo wen Brantley Brown, B. D. Brown, C. Busbee Chandler Clarke, H. G. Colwell Conner
Cook Cox Dean DeLong Dixon Dorminy Elliott Farrar Fleming Grahl Grier Hamilton Harrington Harris, R. W. Hawkins
Higginbotham Hill Hood Houston Hull Hutchinson Irvin Jones, M. Knapp Lambert Lambros Lea, F. R. Leonard Le vitas Matthews, C.
1466
Mauldin McDaniell Mitchell Moore, J. H. Odom Palmer Paris Pickard Eeid Boss
JOURNAL OF THE HOUSE,
Sherman Simkins Smith, A. B. Smith, J. R. Smith, V. T. Snellings
Snow Story Stovall Sullivan
Sweat Tucker Vaughan, D. N. Vaughn, C. R. Ware Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 131, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Messrs. Brown of the 120th and Odom of the 79th requested that the Journal record them as voting "aye" on HR 287-650.
HR 167-375. By Mr. Fleming of the 106th:
A Resolution relative to a monument for the 1st Cavalry Division; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Berry Black Blair Blalock Brackin Brantley
Brinkley Brown, M. P. Bryant Byrd Caldwell Carley Games Carr
Gates Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M.
Colwell Conger Cox Crowe Dailey Davis Dean Dillon Dixon Dollar Doster Duncan Egan
THURSDAY, FEBRUARY 10, 1966
1467
Etheridge Floyd Fulford Funk Gaissert Gary Hadaway Hale Harrell Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Hill Holder Howard Howell Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Lambros Land Lane Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lovett
Lowrey Malone Marshall Matthews, C. Matthews, D. R. McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Paris Parker Parrish Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Ross Rowland Rush
Russell Savage Sherman Shields Sims Simkins Smith, V. T. Snellings
Snow Spikes Spillers Stalnaker Starnes Steis Stewart Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Wells Wiggins Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Barfield Bean Bedgood Bennett Bowen Brown, B. D. Brown, C. Busbee Chandler Conner Cook Daugherty DeLong Dickinson
Dorminy Drew Elliott Evensen Farrar Fleming Gaynor Gignilliat Grahl Grier Hamilton Harrington Higginbotham
Hood
Houston Hull Hutchinson Irvin Knapp Knight Lambert Lea, F. R. Leonard Le vitas Maddox Mauldin Mitchell Moore, J. H.
1468
Odom Palmer Smith, A. B. Smith, G. L. II Smith, J. R.
JOURNAL OF THE HOUSE,
Smith, W. L. Story Sullivan Tucker Underwood
Westlake Williams, G. J. Mr. Speaker
On the adoption of the Resolution, the ayes were 149, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Messrs. Brown of the 120th and Odom of the 79th requested that the Journal record them as voting "aye" on HR 167-375.
HB 631. By Messrs. Watkins of the 9th, Roach of the 15th, Otwell of the 10th and Duncan of the 4th:
A Bill to be entitled an Act to amend an Act supplementing the salary of the Judge of the Superior Courts of the Blue Ridge Judicial Circuit, as amended, so as to increase the amount of compensation paid to said Judge by the counties incorporated 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.:
Adams Alexander Alien Anderson Bagby Barber Barfield Bennett Black Blair
Blalock Brackin Brinkley Brown, C.
Brown, M. P.
Bryant Byrd Games Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Conger
Cook Cox Crowe Dailey
Daugherty
Davis Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott
Floyd Fulford Gaissert Gignilliat
Grier
THURSDAY, FEBRUARY 10, 1966
1469
Harrell Harrington Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham Holder Houston Howard Hull Hutchinson Johnson, Dr. A. S. Jordan, Ben C. Kiley Knight Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Maddox Malone Matthews, C. Matthews, D. R.
McCracken McDaniell Melton Merritt Mitchell Mixon Moore, Don C.
Murphy Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parrish Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Ross
Rush Russell Savage Shields Sims Smith, J. R. Smith, V. T. Smith, W. L. Spikes
Spillers Steis Stewart Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Watkins Watson Webb Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Bean Bedgood Berry Bo wen Brantley Brown, B. D. Busbee Caldwell Carley Carr Collins, M. Conner Dean DeLong Dickinson Etheridge Evensen Parrar Fleming Funk Gary Gaynor Grahl Hadaway Hale
Hamilton Harris, J. F. Harris, R. W. Hill Hood Howell Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Knapp Lambert Lambros Land Lane Lea, F. R. Leonard Lovett Lowrey Marshall Mauldin McClatchey Minge Moore, J. H.
NeSmith, J. D. Nessmith, P. Parker Peterson Rowland Sherman Simkins Smith, A. B. Smith, G. L. II Snellings Snow Stalnaker Starnes Story Stovall Taylor Underwood Vaughan, D. N. Vaughn, C. R. Walling
Ware Wells Westlake Williams, G. J. Wilson, J. M. Mr. Speaker
1470
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 170. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry of the 110th and Shields and Thompson of the lllth:
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 remove the resident requirements of persons learning the barber trade; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Bagby Barber Barfield Bedgood Bennett Berry Black Blair Brackin Brantley Brinkley Brown, B. D. Brown, C. Bryant Busbee Carley Carnes Gates Clarke, H. G. Clark, J. T. Cox Crowe Dailey Daugherty Dean
DeLong Dillon Dixon Doster Duncan Egan Elliott Etheridge Fleming Floyd Fulford Funk Gaissert Gaynor Gignilliat Harrington Harris, R. W. Harrison Hawkins Henderson Herndon
Higginbotham Hill Holder Hood Houston Howard
Hull Hutchinson Johnson, Dr. A. S. Jones, M. Jordan, Ben C. Kiley Knight Lambert Lambros Land Lee, W. S. Leonard Le vitas Lewis Longino Lovell Lovett Malone Matthews, C. Matthews, D. R. McCracken McDaniell Melton Merritt Mitchell Mixon Moore, Don C.
THURSDAY, FEBRUARY 10, 1966
1471
Moore, J. H. Murphy Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parrish Phillips Pickard Powers Rainey Reaves
Reid Richardson Roach Ross Rush Russell Savage Shields Sims Smith, G. L. II Smith, J. R. Smith, W. L. Spikes Steis Stewart
Story
Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Watkins Watson Webb Wells Wiggins Williams, G. J.
Voting in the negative was Mr. J. R. Harris.
Those not voting were Messrs.:
Abney Alien Anderson Bean Blalock Bo wen Brown, M. P. Byrd Caldwell Carr Chandler Collins, J. F. Collins, M. Colwell Conger Conner Cook Davis Dickinson Dollar Dorminy Drew Evensen Farrar Gary
Grab, Grier Hadaway Hale Hamilton Harrell Harris, J. F. Howell Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Knapp Lane Lea, F. R. Lee, W. J. (Bill) Lowrey Maddox Marshall Mauldin McClatchey Minge NeSmith, J. D. Nessmith, P.
Newton, A. S. Parker Peterson Rowland Sherman Simkins Smith, A. B.
Snellings Snow Spillers Stalnaker Starnes Stovall Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Westlake Williams, W. M. Wilson, J. M. Wilson, R. W. Wood Mr. Speaker
On the passage of the Bill, the ayes were 128, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
1472
JOURNAL OF THE HOUSE,
HE 244-517. By Messrs. Smith, Mitchell and Leonard of the 3rd:
A Resolution declaring certain property of the State surplus, authoriz ing the State Properties Control Commission to sell same, and for other purposes.
The report of the committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alien Anderson Bagby Barber Barfield Bennett Berry Black Blair Blalock Brackin Brinkley Brown, C. Brown, M. P. Bryant Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Cox Crowe Dailey Daugherty Davis Dillon Dixon Dollar
Duncan Egan Etheridge Floyd Fulford Funk Gary Gaynor Hadaway Hale Harrell Harris, J. F. Harris, J. R. Harrison Herndon Hill Holder Hood Houston Howard Howell Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knight Land Lane Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lovett
Lowrey Maddox Malone Marshall Matthews, D. R. Mauldin McClatchey McCracken Melton Merritt Minge Mitchell Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Phillips Powers Rainey Reid Richardson Roach Ross Rowland Rush Russell Savage
Shields Sims Simkins Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis
THURSDAY, FEBRUARY 10, 1966
1473
Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tye Vaughan, D. N. Vaughn, C. R.
Walling Watkins Watson Webb Wells Westlake Wiggins Williams, W. M. Wood
Those not voting were Messrs.:
Alexander Bean Bedgood Bowen Brantley Brown, B. D. Busbee Caldwell Conner Cook Dean DeLong Dickinson Dorminy Doster Drew Elliott Evensen Farrar Fleming Gaissert
Gignilliat Grahl Grier Hamilton Harrington Harris, R. W. Hawkins Henderson Higginbotham Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Knapp Lambert Lambros Lea, F. R. Levitas Matthews, C. McDaniell
Mixon Moore, J. H. Odom Peterson Pickard Reaves Sherman Smith, A. B. Smith, G. L. II Smith, J. R. Stalnaker Stewart Story Tucker Underwood Ware Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 142, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Messrs. Brown of the 120th and Odom of the 79th requested that the Journal record them as having voted for the adoption of HR 244-517.
HR 78-132. By Mr. Williams of the 82nd:
A Resolution authorizing the conveyance of certain tracts of state-owned property to the City of Douglas; and for other purposes.
1474
JOURNAL OP THE HOUSE,
The report of the committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Bagby Barber Barfield Bennett Berry Black Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Caldwell Carley Carnes Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Cox Crowe Dailey Davis DeLong Dickinson Dillon Dixon Dollar Doster Duncan Etheridge Parrar Fleming Floyd
Fulford Funk Gaissert Gary Gaynor Gignilliat Hadaway Hamilton Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Hill Holder Houston Howell Hull Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Kiley Knight Land Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, D. R. Maul din McClatchey McCracken
Melton Merritt
Minge Mixon Moore, Don C. Murphy Nessrnith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, W. L. Snelling Spillers Stalnaker Starnes Steis Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R.
THURSDAY, FEBRUARY 10, 1966
1475
Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins
Watson Webb Wells Westlake Wiggins
Williams, G. J. Williams, W. M. Wood
Those not voting were Messrs.:
Abney Alien Bean Bedgood Bowen Busbee Byrd Carr Conner Cook Daugherty Dean Dorminy Drew Egan Elliott Evensen Grahl Grier Hale
Harrell Harrington Higginbotham Hood Howard Hutchinson Jones, M. Jordan, W. H. Knapp Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Leonard Matthews, C. McDaniell Mitchell Moore, J. H. NeSmith, J. D.
Odom Pickard Rainey Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Stewart Story Town send Tucker Underwood Ware Wilson, J. M. Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 146, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Mr. Odom of the 79th requested that the Journal record him as having voted for the adoption of HR 78-132.
By unanimous consent, HR 78-132 was ordered immediately transmitted to the Senate.
HB 296. By Messrs. Abney, Snow and Hale of the 1st and Clark of the 2nd:
A Bill to be entitled an Act to amend an Act so as to provide that the additional judge of the superior courts of the Lookout Mountain Judi cial Circuit shall receive the salary supplement which the other judge of said Circuit receives; and for other purposes.
1476
JOURNAL OP THE HOUSE,
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act providing for an additional judge of the superior courts of the Lookout Mountain Judicial Circuit, approved June 12, 1964 (Ga. Laws 1964, May-June Ex. Sess., p. 21), so as to provide that such additional judge shall receive a salary supple ment; to provide the procedure connected therewith; to provide an ef fective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act providing for an additional judge of the supe rior courts of the Lookout Mountain Judicial Circuit, approved June 12, 1964 (Ga. Laws 1964, May-June Ex. Sess., p. 21), is hereby amended by striking from Section 5 the following:
"No provisions heretofore enacted for supplement by the coun ties of said circuit shall be applicable to the additional judge pro vided for by this Act.",
and inserting in lieu thereof the following:
"The additional judge shall receive a salary supplement in the amount of $1200.00 per annum, to be paid as follows: Walker Coun ty shall pay the sum of $600.00 per annum, Bade County shall pay the sum of $200.00 per annum, and Catoosa County shall pay the sum of $400.00 per annum. Said sum shall be paid in monthly install ments under the same procedure as that provided for the other judge.",
so that when so amended Section 5 shall read as follows:
"Section 5, Be it further enacted by the authority aforesaid that the qualifications of such additional judge shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia shall be the same as that of the other judge of the superior courts of the Lookout Mountain Judicial Circuit. The additional judge shall receive a salary supplement in the amount of $1200.00 per annum, to be paid as follows: Walker County shall pay the sum of $600.00 per annum, Bade County shall pay the sum of $200.00 per annum, and Catoosa County shall pay the sum of $400.00 per annum. Said sum shall be paid in monthly installments under the same procedure as that provided for the other judge."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it otherwise becomes law.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
THURSDAY, FEBRUARY 10, 1966
1477
The report of the Committee, which was unfavorable to the passage of the Bill, by substitute, had been previously disagreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs:
Abney Adams Alexander Alien Barber Barfield Bennett Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Carley Carnes Carr Chandler Clarke, H. G. Clark, J. T. Collins, J. T. Conner Cook
Cox
Crowe Dailey Daugherty Davis Dillon Doster Egan
Elliott Etheridge Fulford Gaissert Gaynor Gignilliat Grahl Hadaway Hale Hamilton Harrington Harris, J. R. Harris, R. W. Henderson Holder Hood Howard Hutchinson Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knapp Lambert Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Lovell Lovett McClatchey McDaniell Maddox
Malone Marshall Matthews, C. Mauldin NeSmith, J. D. Newton, W. S. Newton, D. L. Oglesby Peterson Reaves Richardson Savage Sherman Sims Smith, W. L. Snellings Snow Spikes Steis Stewart Story Sullivan Taylor Townsend Tucker Underwood Vaughn, C. R. Ware Watkins Watson Wiggins Williams, W. M.
Those voting in the negative were Messrs.:
Bean Conger Dean Evensen Floyd Harris, J. F. Higginbotham Hill
Houston Irvin Moore, J. H. Murphy Overby Paris Parrish Powers
Ross Rowland Starnes Vaughan, D. N. Westlake Wood
1478
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Anderson Bagby Bedgood Berry Bowen Brantley Brown, M. P. Caldwell Cates Collins, J. F. Colwell DeLong Dickinson Dixon Dollar Dorminy Drew Duncan Farrar Fleming Funk Gary Grier Harrell Harrison Hawkins Herndon Howell
Hull Johnson, B. Jones, C. M. Kiley Knight Lambros Land Lane Leonard Levitas Longino Lowrey McCracken Matthews, D. R. Melton Merritt Minge Mitchell Mixon Moore, Don C. Nessmith, P. Odom Otwell Pafford Palmer Parker Phillips Pickard
Rainey Reid Roach Rush Russell Shields Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Spillers Stalnaker Stovall Sweat Thomas Thompson, A. W. Thompson, R. Tye Walling Webb Wells Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 100, nays 22.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Hale of the 1st gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 296.
HR 282-607. By Mr. Jones of the 12th:
A RESOLUTION
Proposing an amendment to subparagraph I of Paragraph II, Arti cle VII, of the Constitution of Georgia, relating to the financing, tax ation, and public debt of the State, so as to authorize any agency, board, department or other unit of the State government which may be the recipient of Federal funds to administer such funds, pursuant to the terms of the grant of such funds; to provide the procedure con-
THURSDAY, FEBRUARY 10, 1966
1479
nected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Subparagraph I of Paragraph II, of section I of Article VII, of the Constitution of Georgia, relating to the financing, taxation, and public debt of the State, is hereby amended by adding at the end of said subparagraph a new paragraph to read as follows:
"Notwithstanding any other provisions of this Constitution, whenever an agency, board, department or other unit of the State government may be entitled to become a recipient of Federal funds for any purpose, the said agency, board, department or other unit shall be entitled to receive and administer such funds in accordance with the terms of the grant of such funds, and may accept directly such funds or cause them to be deposited with the State Treasurer, and may dispense such funds according to the terms of the grant to non-profit corporations or associations."
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 various organs of State Government to accept and
NO ( ) dispense Federal funds in accordance with the terms of the grant of such funds?"
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.
1480
JOURNAL OP THE HOUSE,
The following Committee substitute to HR 282-607 was read and adopted:
A RESOLUTION
Proposing an amendment to subparagraph I of Paragraph II, Arti cle VII, of the Constitution of Georgia, relating to the financing, tax ation, and public debt of the State, so as to authorize any agency, board, department or other unit of the State government which may be the recipient of Federal funds to administer such funds, pursuant to the terms of the grant of such funds; to provide the procedure con nected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
Subparagraph I of Paragraph II, of section I of Article VII, of the Constitution of Georgia, relating to the financing, taxation, and public debt of the State, is hereby amended by adding at the end of said subparagraph a new paragraph to read as follows:
"Notwithstanding any other provisions of this Constitution, whenever the State Board of Vocational Education may be entitled to receive Federal funds made available under the Vocational Re habilitation Act, 29 United States Code, Chapter 4, or any amend ment thereto, said Board shall be authorized to receive and admin ister such funds in accordance with the terms of the grant, and where the grant so provides, may disburse said funds to non-profit corporations or associations which are engaged solely in the voca tional rehabilitation of disabled persons aged 16 or above."
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 State Board of Vocational Education to accept
NO ( ) and dispense Federal funds in accordance with the terms of the grant of such funds including disburse ment thereof to non-profit corporations or associations engaged solely in vocational rehabilitation work."
THURSDAY, FEBRUARY 10, 1966
1481
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, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Bagby Barfield Bedgood Bennett Berry Black Blalock Bowen Brackin Brinkley Brown, C. Brown, M. P. Bryant Byrd Carley Carnes Gates Clarke, H. G. Collins, J. F. Colwell Conger Conner Cook Crowe Dailey Daugherty Davis Dean DeLong
Dillon Dixon Dollar Dorminy Doster Duncan Elliott Farrar Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Harrell Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Hill Holder Houston Howard Hull Hutchinson Irvin Johnson, Dr. A. S.
Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Knapp Knight Lambros Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lovett Lowrey Maddox Malone Matthews, C. Matthews, D. R. McClatchey McCracken McDaniell Melton Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L.
1482
Odom Oglesby Otwell Overby Pafford Parker Parrish Peterson Phillips Pickard Powers Reid Richardson Roach Ross Rush Russell
JOURNAL OF THE HOUSE,
Savage Sherman Shields Sims Sinikins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Story Stovall Sullivan Sweat
Thomas Thompson, A. W. Thompson, R. Tucker Tye Vaughan, D. N. Walling Watson Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Anderson Barber Bean Blair Brantley Brown, B. D. Busbee Caldwell Carr Chandler Clark, J. T. Collins, M. Cox Dickinson Drew Egan Etheridge Evensen Grahl
Grier Hadaway Hale Hamilton Harrington Henderson Hood Howell Jones, C. M. Jordan, W. H. Kiley Lambert Land Lane Lea, F. R. Leonard Levitas Marshall Mauldin Merritt
Palmer Paris Rainey Reaves Rowland Smith, A. B. Smith, J. R. Spikes Steis Stewart Taylor Town send Underwood Vaughn, C. R. Ware Watkins Westlake Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, by substitute, the ayes were 145, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, by substitute.
By unanimous consent, HR 282-607 was ordered immediately transmitted to the Senate.
THURSDAY, FEBRUARY 10, 1966
1483
The following Bill of the House was again taken up:
HB 324. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th and Black of the 56th:
A Bill to be entitled an Act to amend an Act known as the "Structural Pest Control Act", as amended, so as to provide for the election of a Vice-Chairman from the membership of the Commission; to provide for oral and written examinations for certification of operators; and for other purposes.
The following amendment was read and adopted:
"Mr. Newton of the 94th moves to amend HB 324 by striking the last sentence of Section 7 sub-paragraph (1) in its entirety."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Bagby Barber Barfield Bedgood Bennett Black Blair Blalock Brantley Brown, B. D. Brown, C. Bryant Byrd Carnes Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F.
Colwell Conger Cox Crowe Dailey Davis DeLong Dillon Dixon Dollar Dorminy Doster Drew Duncan Elliott Fleming Floyd Fulford Gaissert Gaynor Gignilliat Hamilton Harrington
Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Hill Holder Hood Houston Hull Hutchinson Johnson, Dr. A. S. Jones, C. M. Kiley Land Lee, W. S. Levitas Lewis Lovell Lovett Maddox Malone
1484
Matthews, C. Matthews, D. R. McClatchey McCracken Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Oglesby Otwell Overby Palmer Parrish Phillips Powers
JOURNAL OP THE HOUSE,
Rainey Reaves Reid Richardson Ross Rush Russell Savage Sherman Sims Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes
Spillers Stewart Stovall Sullivan Sweat Taylor Thompson, R. Tucker Tye Ware Watkins Watson Webb Westlake Wiggins Williams, W. M. Wood
Those voting in the negative were Messrs.:
Berry Jones, M.
Odom Paris
Pickard
Those not voting were Messrs. :
Anderson Bean Bowen Brackin Brinkley Brown, M. P. Busbee Caldwell Carley Carr Collins, M. Conner Cook Daugherty Dean Dickinson Egan Etheridge Evensen Farrar Punk Gary Grahl Grier Hadaway Hale
Harrell Harris, J. P. Henderson Howard Howell Irvin Johnson, B. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knapp Knight Lambert Lambros Lane Lea, P. R. Lee, W. J. (Bill) Leonard Longino Lowrey Marshall Maul din McDaniell Melton Merritt Minge
Moore, J. H. Newton, A. S. Pafford Parker Peterson Roach Rowland Shields Smith, A. B. Stalnaker Starnes Steis Story Thomas Thompson, A. W. Townsend Underwood Vaughan, D. N. Vaughn, C. R. Walling Wells Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 122, nays 5.
THURSDAY, FEBRUARY 10, 1966
1485
The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, the Clerk was directed to correct a typographical error appearing in HB 324.
The Speaker announced the House recessed until 2:00 o'clock this afternoon.
February 10, 1966 AFTERNOON SESSION The Speaker called the House to order.
Under the general order of business established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 603. By Messrs. Farrar of the 118th, Palmer of the 117th and others: A Bill to be entitled an Act to amend an Act so as to provide for the appointment of Assistants to the Solicitor General of the Stone Moun tain 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 Adams Alien Barber Berry Black Blair Blalock
Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Caldwell
Carley Carnes Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M.
1486
Conger Cox Dailey Daugherty Davis DeLong Dickinson Dillon Dixon Dollar Doster Drew Duncan Evensen Parrar Fleming Floyd Fulford Gaissert Gary Gaynor Gignilliat Grahl Grier Harrell Harrington Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Hill Holder Hood Houston Howard Howell Hull
JOURNAL OF THE HOUSE,
Hutchinson Irvin Johnson, Dr. A. S. Jones, M. Jordan, Ben C. Kiley Knapp Knight Land Lea, F. R. Lee, W. J. (Bill)
Levitas Lewis Longino Lovell Lovett Maddox Malone Matthews, C. Matthews, D. R. Mauldin McClatchey Melton Merritt Moore, Don C. Murphy Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Paris Parker Peterson Pickard Powers Rainey
Reaves Reid Richardson Roach Ross Rush Sherman Shields Sims Simkins Smith, A. B. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Steis Stewart Story Sweat Taylor Thomas Thompson, A. W. Thomason, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wood
Those not voting were Messrs.:
Alexander Anderson Bagby Barfield Bean Bedgood Bennett Bo wen Brantley Busbee Carr Colwell
Conner Cook Crowe Dean Dorminy Egan Elliott Etheridge Funk Hadaway Hale Hamilton
Harris, J. F. Higginbotham Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Lambert Lambros Lane Lee, W. S. Leonard Lowrey
THURSDAY, FEBRUARY 10, 1966
1487
Marshall McCracken McDaniell Minge Mitchell Mixon Moore, J. H. NeSmith, J. D. Nessmith, P.
Odom Parrish Phillips Rowland Russell Savage Smith, G. L. II Smith, J. R. Smith, V. T.
Starnes Stovall Sullivan Ware Watkins Wells Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, the ayes were 141, nays 0. The Bill, having received the requisite constitutional majority, was passed.
H.B 653. By Mr. Steis ol the 100th:
A Bill to be entitled an Act to amend Code Chapter 40-20, relating to automobile and mileage allowances for State officers and employees; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alien Barber Barfield Bean Bedgood Bennett Berry Black Blair Brackin Brown, B. D. Brown, C. Bryant Byrd Caldwell Car ley
Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Cox Dailey Daugherty Davis DeLong Dillon Dollar Doster
Drew Egan Etheridge Evensen Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hadaway Harrell Harrington Harris, J. F. Harris, J. R.
1488
JOURNAL OF THE HOUSE,
Harrison Hawkins Herndon Hill Holder Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Knapp Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovett Lowrey Maddox Malone
Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Merritt Minge Mixon Moore, Don C. Newton, A. S. Newton, D. L. Otwell Pafford Palmer Parrish Peterson Phillips Pickard Powers Reaves Reid Richardson Roach Ross Rowland Rush Savage Sherman Shields
Sims Smith, V. T. Smith, W. L. Snellings Spikes Spillers Starnes Steis Stewart Story Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R, Watson Webb Wiggins Williams, G. J. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Bagby
Brown, M. P.
Those not voting were Messrs.:
Alexander Anderson Blalock Bo wen Brantley Brinkley Conner Cook Crowe Dean Dickinson Dixon Dorminy Duncan Farrar Grahl Hale
Hamilton Harris, R. W. Henderson Higginbotham Johnson, B. Jones, G. Paul Jordan, W. H. Knight Lambert Lane Leonard Levitas Lovell Marshall McDaniell Melton Mitchell
Elliott
Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Odom Oglesby Overby Paris Parker Rainey Russell Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Snow Stalnaker
Stovall Underwood Walling Ware
THURSDAY, FEBRUARY 10, 1966
1489
Watkins Wells Westlake Williams, W. M.
Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 140, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
HB 30. By Messrs. Harris of the 118th and Carley ol the 117th:
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.
The Committee substitute was read and withdrawn.
The following substitute, offered by Messrs. McClatchey of the 138th and Conger of the 89th, was read:
A BILL
To be entitled an Act to amend Code Title 27, relating to Criminal procedure, as amended, so as to provide a new chapter to be designated as Code Chapter 27-30--sentencing; to specify for the crimes to which this Chapter shall apply; to provide different methods and forms of sentences for persons found guilty of or pleading guilty to such crimes; to provide the procedure to be applied in cases where a jury is utilized, and also in cases where a jury is waived; to provide that in all capital cases except upon a plea of guilty or where a jury is waived, the jury shall determine the sentence; to provide that in capital cases upon a plea of guilty or where a jury is waived, the Judge shall determine the sentence, which may be either death or imprisonment; to provide that in all other felony trials, the Judge shall determine the sentence unless prior to the Judge's charge to the jury, the defendant has requested that the jury determine the sentence if the jury finds him guilty; to provide exceptions; to provide for an automatic appeal in any case in which the death penalty is imposed; to provide that certain evidence and other information may be heard relating to the severity of the sentence that should be imposed; to provide that all sentences for a term of years shall be for a specific period of time; to provide that certain crimes shall be reducible, and that certain other crimes shall not be reducible; to provide that the Judge may suspend or probate certain sentences; to provide the procedure for all of the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
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JOURNAL OF THE HOUSE,
Section 1. Code Title 27, relating to criminal procedure, as amend ed, is hereby amended by inserting at the end thereof a new Chapter to be designated as Code Chapter 27-30 to read as follows:
"27-30.--Sentencing After Conviction--
27-3001.--Sentencing--
A. A person found guilty of a crime for which the death pen alty may be imposed, except upon a plea of guilty, or where a jury trial is waived, shall have his sentence determined by the jury. In cases where a jury trial is waived, or upon a plea of guilty, a per son found guilty by the Judge of a crime for which the death penalty may be imposed shall have his sentence determined by the Judge, who may sentence such person to death or imprisonment.
B. A person found guilty of a felony for which the death penalty may not be imposed shall be sentenced by the Judge, sub ject to the following limitations:
(1) A defendant shall have his sentence determined by the jury if he has, prior to the Judge's charge to the jury, submitted to the Judge a written request that the jury determine the sen tence if the jury finds him guilty. If a person is convicted of a third or subsequent felony, the Judge may disregard the sentence of the jury and impose punishment of imprisonment up to the maximum provided by law.
(2) For the purpose of determining sentence to be imposed, the Judge shall, after conviction, consider the evidence, if any, received upon the trial and shall also hear and receive information, if any, as the moral character, personality, education, habits, per formance record, intelligence, occupation and criminal record, or lack thereof, of the convicted person, and shall consider such evi dence and information in aggravation or mitigation of the punish ment. The provisions of this subsection shall not apply if the ac cused has requested, pursuant to Subsection 27-3001 B (1), that the jury determine the sentence.
27-3002. Appeals in capital felony cases.--
A. It shall be the public policy of this State to cause the review of all cases in which the death penalty has been imposed. No person shall be put to death until the Supreme Court of this State has reviewed and affirmed the judgment and sentence of the trial court imposing the penalty.
B. When a death sentence is imposed, the trial Judge shall require that an appeal be prosecuted, and when necessary shall appoint counsel for such purpose. It shall be the duty of defendant's counsel to appeal such judgment to the Supreme Court of this State. The Supreme Court may reverse the judgment on substantial grounds of error whether specified or not, and any error, defect,
THURSDAY, FEBRUARY 10, 1966
1491
irregularity, or variance in the appeal which does not affect sub stantial rights shall be disregarded.
27-3003. Age limit on death sentence.--
When a person convicted of a crime for which the death sen tence may be imposed had not reached his seventeenth birthday at the time he committed the crime, the maximum punishment shall be imprisonment for life.
27-3004.--Specific Sentences for felonies--
A. In imposing a sentence other than death or life imprison ment, the Judge shall sentence a person found guilty of a felony to imprisonment for a specific period of time or to pay a fine which shall be within the minimum and maximum term or amount pre scribed as punishment for the crime of which the person was found guilty or both.
B. In determining a sentence, other than death or life im prisonment, where the accused has requested pursuant to Subsection 27-3001 B (1), that the jury determine the sentence, the jury shall determine a sentence for a person found guilty of a felony of imprisonment for a specific period of time or to pay a fine which shall be within the minimum and maximum term or amount pre scribed as punishment for the crime of which the person was found guilty or both.
27-3005.--Reducible offenses--
A. When a person is convicted of any felony except treason, insurrection, murder, robbery by force, robbery by an offensive weapon, robbery by sudden snatching, robbery by intimidation, manslaughter, assault with intent to rape, sodomy, foeticide, rape, mayhem, seduction, arson, burning railroad bridges, train-wreck ing, destroying, injuring or obstructing railroads, perjury, false swearing and the subornation of perjury or false swearing, the Judge determining the sentence may set the punishment as for a misdemeanor.
B. When a defendant, who has requested pursuant to Sub section 27-3001 B (1) that the jury determine the sentence, is con victed of a felony except those specific felonies enumerated in A above, the jury having determined the sentence, may recommend that the defendant be punished as for a misdemeanor. The Judge may, in his discretion, follow the recommendation of the jury.
27-3006.--Judge may suspend or probate--
A. The Judge imposing sentence for a felony conviction may, in his discretion, suspend or probate the sentence on such terms and conditions as he may prescribe whether or not the sentence was determined by the jury. The Judge may revoke the suspension or probation when the convicted person has violated any term or
1492
JOURNAL OF THE HOUSE,
condition prescribed by the Judge. The Judge shall not suspend, probate, modify, or change a sentence after the term of court at which the sentence was imposed.
B. When a term or condition of suspending or probating a sentence is the payment of a sum of money, the sum shall not exceed three thousand ($3,000.00) dollars. The convicted person shall not, under any circumstances, be entitled to any refund of such sum or any part thereof.
27-3007.--Misdemeanor punishment--
The Judge shall sentence a person convicted of a misdemeanor to pay a fine not to exceed one thousand ($1,000.00) dollars, or to confinement for a specific term not to exceed twelve (12) months, or to both."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
An amendment to the floor substitute, offered by Mr. Kichardson of the llth was read and lost.
The following amendment was read.
Mr. Hull of Richmond moves to amend the floor substitute to HB 30 by striking the word "seventeenth" in 27-3003 and substituting in lieu thereof "sixteen".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Bean Blalock Brackin Bryant Carr Collins, M. DeLong Dorminy Elliott Hadaway Harrell Harrison Herndon
Howard Hull Irvin Johnson, A. S. Dr. Knapp Lee, W. S. Lewis McCracken Minge Mixon Moore, J. H. NeSmith, J. D. Odom
Pafford Parker Pickard Rush Smith, G. L. II Steis Stewart Sweat Thomas Tucker Underwood
Those voting in the negative were Messrs.:
Abney Alexander Alien
Anderson Bagby Barber
Barfield Bedgood Bennett
Berry Black Blair Bo wen Brinkley Brown, C. Busbee Carley Carnes
Cates Clark, J. T. Collins, J. F. Colwell Conger Cook Cox Dailey Dean Dickinson Dillon Dixon Dollar Doster Drew Egan Etheridge Evensen Fleming Gaissert Gary Gaynor Gignilliat Grahl Grier Hamilton Harris, J. F. Harris, J. R.
THURSDAY, FEBRUARY 10, 1966
1493
Harris, R. W. Hawkins Higginbotham Hood Houston Howell Hutchinson, Johnson, B. Jones, C. M. Jones, M.
Kiley Lambros Lane Lea, F. R. Lee, W. J. (Bill) Leonard Levitas Longino
Lovett Lowrey Maddox Matthews, C. Matthews D. R. Melton Merritt Moore, Don C. Murphy Newton, A. S. Newton, D. L. Oglesby Otwell Overby Palmer Paris Parrish Peterson Phillips
Powers Rainey Reid Richardson
Roach Ross Rowland Russell Sherman Sims Simkins Smith, J. R. Smith, V. T. Snellings Snow Spillers Stalnaker Starnes Story Sullivan Taylor Thompson, A. W. Thompson, R. Townsend
Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Adams Brantley Brown, B. D. Brown, M. P.
Byrd Caldwell Chandler Clarke, H. G. Conner Crowe Daugherty Davis Duncan Farrar Floyd Fulford
Funk Hale Harrington Henderson Hill Holder
Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight Lambert Land Lovell Malone Mauldin McClatchey
McDaniell Mitchell Nessmith, P. Reaves Savage Shields Smith, A. B. Smith, W. L. Spikes Stovall Ware Webb Wilson, J. M. Mr. Speaker
1494
JOURNAL OF THE HOUSE,
On the adoption of the amendment, the ayes were 37, nays 120.
The amendment was lost.
An amendment to the floor substitute, offered by Mr. Palmer of the 117th, was read and lost.
The floor substitute was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Barber Blair Brinkley Brown, B. D. Brown, C. Bryant Busbee Carley Carnes Gates Collins, J. F. Colwell Conger Cook Cox Daugherty Dillon Dixon Dollar Drew Egan
Etheridge Gaissert Gaynor Gignilliat Grier Hamilton Harris, J. R. Harrison Hood Howell Hutchinson Jones, C. M. Jones, G. Paul Kiley Knight Lambros Lea, F. R. Lee, W. S. Levitas Longino Lowrey Maddox Malone
Matthews, C. McClatchey Melton Merritt Oglesby Overby Palmer Powers Shields Sims Smith, W. L. Spikes Steis Sweat Thompson, A. W. Thompson, R. Townsend Tye Vaughn, C. R. Walling Wiggins Williams, W. M.
Those voting in the negative were Messrs.:
Abney Alien Anderson
Bagby Barfield Bean
Bennett Berry Black
THURSDAY, FEBRUARY 10, 1966
1495
Blalock Bowen Brackin Brantley Byrd Caldwell Carr Clark, J. T. Collins, M. Dailey Davis Dean DeLong Dickinson Dorminy Doster Elliott Fleming Fulford Gary Grahl Hadaway Harrell Harris, J. F. Harris, R. W. Henderson Herndon Higginbotham Hill Holder Houston Howard Hull Irvin Johnson, A. S. Dr.
Johnson, B. Jones, M. Jordan, W. H. Knapp Lambert Land Lane Lee, W. J..(Bill) Leonard Lewis Lovett Matthews, D. R. Mauldin McCracken Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Otwell Pafford Paris Parker Parrish Peterson Phillips Pickard Rainey Reaves Reid
Richardson Roach Ross Rowland Rush Russell Savage Sherman Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Snellings Snow Spillers Stalnaker Starnes Stewart Story Sullivan Taylor Thomas Tucker Underwood Vaughan, D. N. Watson Webb Wells Westlake Williams, G. J. Wilson, R. W. Wood
Those not voting were Messrs.:
Bedgood Brown, M. P. Chandler Clarke, H. G. Conner Crowe Duncan Evensen
Farrar Floyd Funk Hale Harrington Hawkins Jordan, Ben C. Lovell
Marshall McDaniell Nessmith, P. Stovall Ware Watkins Wilson, J. M. Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 68, nays 112.
The Bill, having failed to receive the requisite constitutional majority, was lost.
1496
JOURNAL OF THE HOUSE,
Mr. Conger of the 89th gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 30.
HB 314. By Messrs. Bedgood of the 29th, Lowrey and Starnes of the 13th and others:
A Bill to be entitled an Act to amend the Sales and Use Tax Act so as to exempt therefrom certain transactions wherein personal property is furnished by certain governmental units for the purpose of installing water, gas or sewage systems, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Anderson Bagby Barber Bean Bedgood Black Blair Blalock Bowen Brackin Brinkley Brown, B. D. Bryant Byrd Carnes Carr Gates Chandler Clark, J. T. Collins, J. P. Conger Conner Cox Dailey Davis DeLong Dillon Dixon
Dollar Dorminy Doster Drew Elliott Etheridge Evensen Fleming Floyd Funk Gaissert Gaynor Gignilliat Grier Hadaway
Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Houston Howard Howell
Hull Hutchinson Johnson, A. S. Dr. Johnson, B. Jones, G. Paul Jones, M. Jordan, W. H. Knapp Lambert Lambros Land Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Melton Merritt Minge Mitchell Mixon Moore, Don C. Murphy Newton, A. S. Newton, D. L.
Odom Oglesby Overby Pafford Palmer Paris Parker Parrish Peterson Pickard Powers Reaves Reid Roach Rush Russell Sherman
THURSDAY, FEBRUARY 10, 1966
1497
Sims Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Stewart Story Stovall Sweat Taylor
Thomas Thompson, A. W. Townsend Tucker Underwood Vaughan, D. N. Watkins Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Barfield Bennett Berry Brantley Brown, C. Brown, M. P. Busbee Caldwell Carley Clarke, H. G. Celling, M. Colwell Cook Crowe Daugherty Dean Dickinson Duncan Egan Farrar
Fulford Gary Grahl Hale Hamilton Irvin Jones, C. M. Jordan, Ben C. Kiley Knight Lane Lea, F. R. Levitas Longino Matthews, D. R. Mauldin McClatchey McCracken McDaniell Moore, J. H. NeSmith, J. D.
Nessmith, P. Otwell Phillips Rainey Richardson Ross Rowland Savage Shields Spikes Steis Sullivan Thompson, R. Tye Vaughn, C. R. Walling Ware Williams, G. J. Mr. Speaker
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 537. By Messrs. Dorminy of the 72nd, Bowen and Rainey of the 69th and Sullivan of the 95th:
A Bill to be entitled an Act to place the solicitor general of the Cordele Judicial Circuit upon an annual salary, and for other purposes.
1498
JOURNAL OF THE HOUSE,
The following Committee amendment was read and adopted:
The Judiciary Committee moves to amend HB 537 as follows:
By inserting in the title immediately before the phrase "to repeal conflicting laws" the following:
"to provide for an effective date;".
By renumbering Section 4 as Section 5.
By inserting following Section 3 a new Section 4 to read as follows:
"Section 4. The provisions of this Act shall become effective January 1, 1967."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alien Anderson Barber Barfield Bean Bedgood Black Blair Blalock Bo wen Brackin Brown, B. D. Brown, C. Bryant Byrd Carnes Carr Gates Chandler Clark, J. T. Colwell Conger Cox
Dailey Davis Dean DeLong Dillon Dixon Dollar Dorminy Doster Elliott Evensen Fleming Floyd Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F.
Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Hill Holder Hood Howell Hull Hutchinson Johnson, A. S. Dr. Johnson, B. Jones, G. Paul Jordan, W. H.
Kiley Lambert Lambros Lee, W. J. (Bill) Lee, W. S. Lewis Lovett Lowrey Marshall
THURSDAY, FEBRUARY 10, 1966
1499
Matthews, C. Matthews, D. R. Mauldin Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Palmer Paris Parker Peterson
Phillips Rainey Reid Richardson Roach Rush Russell Sherman Sims Simkins Smith, G. L. II Smith, J. R. Snellings Spillers Stalnaker Starnes Steis Stewart Story
Stovall Sullivan Sweat Taylor Thomas Thompson, A. W.
Townsend Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Bagby Bennett Berry Brantley Brinkley Brown, M. P. Busbee Caldwell Carley Clarke, H. G. Collins, J. F. Collins, M. Conner Cook Crowe Daugherty Dickinson Drew Duncan Egan Etheridge Farrar Gary
Hale Henderson Houston Howard Irvin Jones, C. M. Jones, M. Jordan, Ben C. Knapp Knight Land Lane
Lea, F. R. Leonard Levitas Longino Lovell Maddox Malone McClatchey McCracken McDaniell Mitchell Murphy
NeSmith, J. D. Nessmith, P.
Otwell Parrish Pickard Powers Reaves Ross Rowland
Savage Shields Smith, A. B. Smith, V. T. Smith, W. L. Snow Spikes Thompson, R. Tucker Ware Watkins Watson Williams, G. J. Wilson, J. M. 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.
1500
JOURNAL OF THE HOUSE,
Mr. Tucker of the 36th requested that the Journal record him as having voted for the passage of HB 537.
HB 579. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend Code Section 88-1812 so as to provide that counties, cities and towns may levy taxes for the support of certain hospital authorities, and for other purposes.
The report of the committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alien Anderson Barber Bean Bennett Black Blair Blalock Bowen Brown, B. D. Brown, C. Byrd Caldwell Gates Chandler Clark, J. T. Collins, J. F. Colwell Conger Dailey Davis Dean DeLong Dixon Dollar Dorminy Doster Drew Egan Elliott Etheridge Evensen
Fleming Floyd Funk Gaissert Gaynor Gignilliat Grahl Grier Harrell
Harrington Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Hill Holder Hood Howell Hutchinson Johnson, A. S. Dr. Jones, G. Paul Jordan, W. H. Kiley Lambert Lambros Lane Lee, W. J. (Bill)
Lee, W. S. Leonard Lewis Lovell
Lovett Lowrey Maddox Matthews, C. Matthews, D. R. Merritt Minge Mixon Moore, Don C. Moore, J. H. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris
Parker Peterson Phillips
Reid
Richardson
Roach Ross Rush
Russell
Savage Sherman
Sims Simkins
Smith, A. B.
THURSDAY, FEBRUARY 10, 1966
1501
Smith, G. L. II Snellings Spillers Stalnaker Starnes Steis Story Stovall Sullivan
Sweat Taylor Thomas Thompson, A. W. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R.
Walling Webb Wells Westlake Wiggins Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Alexander Bagby Barfield Bedgood Berry Brackin Brantley Brinkley Brown, M. P. Bryant Busbee Carley Games Carr Clarke, H. G. Collins, M. Conner Cook Cox Crowe Daugherty Dickinson Dillon Duncan Farrar Fulford
Gary Hadaway Hale Hamilton Harris, J. F. Henderson Houston Howard Hull Irvin Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Knapp Knight Land Lea, F. R. Levitas Longino M alone Marshall Mauldin McClatchey McCracken McDaniell Melton
Mitchell Murphy NeSmith, J. D. Nessmith, P. Parrish Pickard Powers Rainey Reaves Rowland Shields Smith, J. R. Smith, V. T. Smith, W. L. Snow Spikes Stewart Thompson, R. Underwood Ware Watkins Watson Williams, G. J. Williams, W. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 222. By Messrs. Evensen of the 119th, Dollar of the 89th and others:
A Bill to be entitled an Act to amend Code Section 92-2901, relating to the definition of certain terms insofar as they are used for the purposes of the motor vehicle tax, so as to exclude from the definition of truck, motor vehicles designed primarily for transporting passengers; and for other purposes.
1502
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.:
Adams Alien Anderson Barber Bean Bennett Black Blair Blalock Bo wen Brackin Brinkley Brown, B. D. Bryant Byrd Caldwell Carley Carnes Carr Gates Clark, J. T. Collins, J. P. Collins, M. Cox Dailey Davis Dean DeLong Dillon Dorminy Drew Egan Elliott Etheridge Evensen Fleming Floyd Funk
Gaissert Gaynor Gignilliat Grahl Hadaway Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Higginbotham Hill Holder Hood Howell Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jordan, W. H. Kiley Lambert Lane Lee, W. J. (Bill) Lee, W. S. Lowrey Matthews, D. R. Melton Merritt Mixon Moore, Don C. Moore, J. H. Newton, A. S. Odom Oglesby Overby
Palmer Paris Parker Phillips Rainey Reid Richardson Roach Rowland Rush Russell Savage Sherman Sims Simkins Smith, G. L. II Smith, W. L. Snellings Snow Spillers Steis Stewart Story Sullivan Taylor Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Webb Wells Westlake Wiggins Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Harrell Leonard Minge
Smith, A. B. Smith, J. R. Starnes
Thompson, A. W.
THURSDAY, FEBRUARY 10, I960
1503
Those not voting were Messrs.:
Abney Alexander Bagby Barfield Bedgood Berry Brantley Brown, C.
Brown, M. P. Busbee Chandler Clarke, H. G. Conger Conner Cook Crowe
Daugherty Dickinson Dixon Dollar Doster Duncan Farrar Fulford Gary Grier Hale
Hamilton
Harris Henderson Houston Howard Hull Jones, C. M. Jones, M. Jordan, Ben C.
Knapp Knight Lambros Land Lea, F. R. Levitas Lewis Longino
Lovell Lovett Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell Mitchell
Murphy
NeSmith, J. D. Nessmith, P. Newton, D. L. Otwell Pafford Parrish Peterson Pickard
Powers Reaves Ross Shields Smith, V. T. Spikes Stalnaker Stovall
Sweat Thomas Thompson, R. Underwood Ware Watkins Watson Williams, G. J. Williams, W. M. Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 113, nays 7.
The Bill, having received the requisite constitutional majority, was passed.
HB 478. By Mr. Lane of the 64th:
A Bill to be entitled an Act to amend Code Section 47-107 so as to pro vide for an annual salary for members of the General Assembly, and for other purposes.
An amendment offered by Mr. Matthews of the 94th was read and lost.
An amendment offered by Mr. Williams of the 16th was read and lost.
An amendment offered by Mr. Palmer of the 117th was read and lost.
1504
JOURNAL OF THE HOUSE,
The following amendment was read:
Mr. Story of the 22nd moves to amend HB 478 by striking from quoted Code Section 47-107 of the Section 1 the figure "$4,200.00" and the figure "$7,000.00" and inserting in lieu thereof the figure "$3,600.00" and the figure "$7,200.00", 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 Adams Bed good Blair Brackin Byrd Carley Carnes Chandler Conger Dorminy Egan Gaissert Gary Gaynor Gignilliat Hamilton
Harrell Harris, J. R. Howell Lee, W. J. (Bill) Longino Lovett Malone Matthews, C. Matthews, D. R. Melton Merritt Newton, D. L. Overby Palmer Parrish Powers Starnes
Stewart Story Stovall Taylor Townsend Tucker Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Wiggins Wilson, R. W.
Those voting in the negative were Messrs.
Alexander Anderson Barber Barfield Bean Bennett Berry Black Blalock Bo wen Brantley Brinkley Brown, B. D. Brown, C. Bryant Gates Clark, J. T. Collins, J. F. Colwell
Dailey Daugherty Davis Dean DeLong Dickinson Dixon Dollar Doster Drew Elliott Evensen Fleming Fulford Grahl Grier Hadaway Hale Harris, J. F.
Harris, R. W. Harrison Henderson Herndon Hill Holder Hood Houston Howard Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley
THURSDAY, FEBRUARY 10, 1966
1505
Knapp Knight Lambros Land Lane
Lea, F. R. Lee, W. S. Leonard Levitas Lewis Lovell Maddox Marshall Mauldin Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D.
Nessmith, P. Newton, A. S.
Odom Oglesby Otwell Pafford Parker Peterson Phillips
Rainey Reid Richardson Roach Rowland Rush Russell Sherman Shields Simkins Smith, A. B.
Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker
Steis Sullivan
Sweat Thomas Thompson, A. W. Thompson, R.
Tye Ware Watkins Wilson, J. M.
Wood
Those not voting were Messrs.:
Alien Bagby Brown, M. P. Busbee Caldwell Carr Clarke, H. G. Collins, M. Conner Cook Cox Crowe Dillon
Duncan Etheridge Farrar Funk Harrington Hawkins Higginbotham Jordan, W. H. Lambert Lowrey McClatchey McCracken McDaniell
Minge Paris Pickard Reaves Ross Savage Sims Westlake Williams, G. J. Williams, W. M. Mr. Speaker
On the adoption of the amendment, the ayes were 49, nays 118.
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:
1506
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Adams Alexander Alien Anderson Barfield Bedgood Bennett Berry Black Blair Bo wen Brantley Brinkley Brown, B. D. Bryant Caldwell Gates Clark, J. T. Collins, J. F. Cook Cox Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Doster Drew Egan Elliott Etheridge Fleming Floyd Fulford Funk Gaynor Grahl Grier
Hale Hamilton Harris, R. W. Harrison Herndon Hill Holder Hood Houston Howell Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Knight Lambert Lambros Land Lane Lea, F. R. Lee, W. S. Leonard Lewis Lovell Marshall Matthews, C. Matthews, D. R. Mauldin MeClatchey McDaniell Merritt Mitchell Mixon Moore, Don C. Moore, J. H.
Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Pafford Parker Peterson Phillips Rainey Richardson Rowland Rush Russell Savage Sherman Shields Simkins Smith, A. B. Smith, G. L. II Smith, W. L. Snellings Snow Spikes Stalnaker Steis Story Stovall Sullivan Sweat Thompson, A. W. Thompson, R. Tucker Tye Watson Webb Wells Wiggins
Those voting in the negative were Messrs.:
Abney Bagby Barber Bean Blalock Brackin Brown, C. Busbee
Byrd Carley Carnes Chandler Collins, M. Colwell, C. Conger Conner
Dorminy Evensen Gaissert Gary Gignilliat Hadaway Harrell Harrington
THURSDAY, FEBRUARY 10, 1966
1507
Harris, J. F. Harris, J. R. Howard Irvin Lee, W. J. (Bill) Levitas Longino Lovett Lowrey Maddox Malone Melton Minge Otwell
Overby Palmer Paris Parrish Powers Reid Roach Ross Sims Smith, J. R. Smith, V. T. Spillers Starnes Stewart
Taylor Thomas Townsend Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Westlake
Wilson, R. W. Wood
Those not voting were Messrs.:
Brown, M. P. Carr Clarke, H. G. Crowe Dollar Duncan
Farrar Hawkins Henderson Higginbotham Jordan, W. H. McCracken
Pickard Reaves Williams, G. J. Williams, W. M. Wilson, J. W. Mr. Speaker
On the passage of the Bill, the ayes were 122, nays 64.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Story of the 22nd stated that he inadvertently voted "aye".
Mr. Williams of the 16th stated that he was called from the House during the vote on the passage of HB 478, and that had he been present he would have voted "nay".
By unanimous consent, HB 478 was ordered immediately transmitted to the Senate.
HB 337. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend Code Section 92-2406 relating to the taxation of the shares of banks so as to provide for the proper calculation of the market value of the shares of such banks; and for other purposes.
1508
JOURNAL OP THE HOUSE,
The following amendments were read and adopted:
Mr. Jones of the 76th District moves to amend HB 337 by striking from the 36th and 37th lines of Section 1 of HB 337 on page 2 thereof, the following:
"such branches and the main office bear to the grand total of";
By adding to the end of the 50th line of Section 1 on page 2 the following:
", and may disallow any unreasonable unallocated reserves."
Mr. Jones of the 75th District moves to amend HB 337 by adding to the end of Section 1 of HB 337 a new paragraph, to read as follows:
"A transfer by a bank or banking association of deposits from one branch or office to another branch or office to secure a reduc tion in the rate of tax on its shares or to change the situs of taxation of any proportion of its shares shall be wholly ineffective for such purpose and the bank or banking association making such transfer shall pay to the county, municipality and taxing district from which was made such transfer, in addition to the tax hereinbefore im posed, 25 per cent of that part of the taxes on its shares which would have been avoided if such transfer had changed the situs of taxation of a proportion of its shares."
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 Bagby Barber Bean Berry Black Blair Blalock Brown, C. Bryant Busbee Byrd Caldwell Gates
Chandler Collins, M. Cook Dailey Dean DeLong Dorminy Drew Egan Elliott Etheridge Fleming Floyd Fulford
Funk Gaissert Gaynor Gignilliat Grahl Hadaway Hale Hamilton Harrington Harris, R. W. Hawkins Herndon Higginbotham Hill
THURSDAY, FEBRUARY 10, 1966
1509
Holder Hull Hutchinson Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Knight Lambert Lambros Land Lee, W. J. (Bill) Lee, W. S. Leonard Longino Lowrey Matthews, C.
McClatchey Merritt Mitchell Moore, J. H. NeSmith, J. D. Oglesby Overby Palmer Parrish Powers Reid Richardson Roach Rowland Savage Sherman Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings
Spikes Spillers Starnes Steis Stewart Story Stovall Taylor Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughn, C. R. Ware Watson Webb Wiggins Williams, W. M. Wood
Those voting in the negative were Messrs.:
Barfield Clark, J. T. Conger Davis Dillon Dollar Doster Gary Harrison Howell
Johnson, Dr. A. S. Lewis Lovell Lovett Malone Matthews, D. R. Mauldin Minge Mixon Murphy
Newton, A. S. Odom Paris Parker Peterson Rush Stalnaker Vaughan, D. N.
Those not voting were Messrs.:
Abney Adams Alexander Anderson Bedgood Bennett Bo wen Brackin Brantley Brinkley Brown, B. D. Brown, M. P. Carley Carnes Carr Clarke, H. G.
Collins, J. F. Colwell Conner Cox Crowe Daugherty Dickinson Dixon Duncan Evensen Farrar Grier Harrell Harris, J. F. Harris, J. R. Henderson
Hood Houston Howard Jordan, Ben C. Lane Lea, F. R. Levitas Maddox Marshall McCracken McDaniell Melton Moore, Don C. Nessmith, P. Newton, D. L. Otwell
1510
Pafford Phillips Pickard Rainey Reaves Ross Russell Shields
JOURNAL OF THE HOUSE,
Sims Simkins Smith, J. R. Snow Sullivan Sweat Thomas Walling
Watkins Wells Westlake Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 105, nays 28.
The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, HB 337 was ordered immediately transmitted to the Senate.
HB 495. By Mr. Lambert of the 38th: A Bill to be entitled an Act to prohibit the use of alternately flashing blue lights on any motor vehicle except those belonging to any police or fire department; and for other purposes.
The following amendment was read and adopted:
Mr. Brantley of the 63rd moves to amend HB 495 by adding "or ambulances" after the word "department" in line 3 of Section 1 and in the caption.
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.:
Adams Alien Barber Barfield Bedgood Bennett
Berry Black Blair Blalock Brackin Brantley
Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell
THURSDAY, FEBRUARY 10, 1966
1511
Carley Carries Carr Gates Clark, J. T. Collins, M. Cook Cox Davis Dean
DeLong Dillon Dixon Doster Drew Etheridge Evensen Pulford Funk Gaissert Gary Gaynor Grahl Grier Hadaway Hamilton Harrell Harris, J. P. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Hood Howell Johnson, Dr. A. S. Johnson, B.
Jones, C. M. Jones, G. Paul Jordan, W. H. Kiley Knapp Lambert Lambros Lane Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey Melton Merritt Minge Mixon Moore, Don C. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Powers
Rainey Reaves Reid Richardson Rowland Savage Sherman Shields Sims Smith, V. T. Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Alexander Anderson Bagby Bean Bo wen Brinkley Brown, M. P. Chandler Clarke, H. G. Collins, J. F.
Colwell Conger Conner Crowe Dailey Daugherty Dickinson Dollar Dorminy Duncan Egan
Elliott Farrar Fleming Floyd Gignilliat Hale Harrington Holder Houston Howard Hull
1512
Hutchinson Irvin Jones, M. Jordan, Ben C. Knight Land Lea, F. R. Leonard Lovett Maddox McCracken
JOURNAL OF THE HOUSE,
McDaniell Mitchell Moore, J. H. Murphy Odom Phillips Pickard Roach Ross Rush Russell
Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Spikes Underwood Ware Watkins Williams, G. J. Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Dickinson of the 27th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.
FRIDAY, FEBRUARY 11, 1966
1513
Representative Hall, Atlanta, Georgia Friday, February 11, 1966
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. Bruce Rodrick, Pastor Corinth Christian Church, Loganville, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, 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.
By unanimous consent, the following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the Calendar for Friday, February 11, 1966, and submits the following:
HB
33. County officers, Grand Jury indictment.
HB
36. Criminal procedure, bond forfeited.
1514
JOURNAL OF THE HOUSE,
HB 138. Drivers' Licenses, National Guard. HB 146. Worthless checks, felony. HB 148. Peace Officers' Annuity Fund. HB 193. Commercial Feed Stuff, inspection fee. HB 206. Insurance, capital required. HB 231. County business, licenses. HB 262. Divorce cases, petition. HB 264. Divorce, temporary alimony hearing. HB 270. Eminent domain, non-resident. HB 272. Eminent domain, service. HB 273. Eminent domain, service. HB 301. Banks, extension and expansion. HB 342. Motor vehicles, transport explosives. HB 475. N. E. Judicial Circuit, additional Judge. HB 509. Water Resources and Planning Act. HB 519. Clerks Superior Court, retirement. HB 557. Grand Juries, inspect orphanage. HB 558. Hotel keepers, keep lifeboats. HB 560. Biological Permit Act, amend. HB 561. Motor vehicle, driver under influence. HB 569. Municipal Retirement System, benefits. HB 601. Immunity from civil liability. HB 602. Immunity from criminal liability. HB 651. Veterans Service, gifts, grants. HB 664. Appropriations, Game and Fish Commission. HB 691. Appropriations, Board of Corrections. HB 480. Non-Domiciliary, Court Actions. HB 677. Attorney General, Reimburse Expenses. HR 34- 48. Board of Education, election. HR 166-371. Voter Registration, residency (Reconsidered). HR 267-571. Convey land, Walton County.
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectifully submitted,
Busbee of 79th, Vice-Chairman
By unanimous consent the following Bills and Resolutions of the House were read the 1st time and referred to committees.
FRIDAY, FEBRUARY 11, 1966
1515
HB 722. By Messrs. Harris and Vaughan of the 14th:
A Bill to be entitled an Act to provide that the ordinary of certain counties shall receive a salary in lieu of any other system of compensa tion; and for other purposes.
Referred to the Committee on Local Affairs.
HB 723. By Messrs. Lovett and Knight of the 60th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, so as to increase the maximum millage which may be levied by the City of Dublin; and for other purposes.
Referred to the Committee on Local Affairs.
HB 724. By Mr. Smith of the 85th:
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 supported schools, so as to change the method of computing a member's service retirement allowance; and for other purposes.
Referred to the Committee on Education.
HR 321-724 By Mr. Clark of the 2nd:
A Resolution proposing an amendment to the Constitution so as to create the Catoosa County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 725. By Messrs. Longino of the 122nd, Adams of the 125th, Egan of the 141st, McClatchey of the 138th, Brown of the 120th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to extend the city limits; and for other purposes.
Referred to the Committee on Local Affairs.
HR 322-725. By Mr. Lambert of the 38th:
A Resolution proposing an amendment to the Constitution so as to remove the provisions stating that property of the wife shall not be liable for the debts of the husband; and for other purposes.
Referred to the Committee on Judiciary.
1516
JOURNAL OP THE HOUSE,
HB 726. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, the sheriff, the ordinary, the tax collector and tax receiver of Morgan County upon an annual salary, so as to increase the compensation of the sheriff, the ordinary and the tax collector; and for other purposes.
Referred to the Committee on Local Affairs.
HB 727. By Mr. Hull of the 104th:
A Bill to be entitled an Act to amend Code Title 40-19 relating to the Supervisor of Purchases, so as to provide that the Supervisor of Purchases shall not accept any letter or other writing upon which con tracts for supplies or construction are made unless same is typewritten and no erasures thereon; and for other purposes.
Referred to the Committee on Judiciary.
HB 728. By Mr. Hull of the 104th:
A Bill to be entitled an Act to amend an Act known as the "Apartment Ownership Act", so as to provide for definitions; removal of recording of value; and for other purposes.
Referred to the Committee on Judiciary.
HB 729. By Mr. Russell of the 92nd:
A Bill to be entitled an Act to amend Code Title 109A, known as the "Uniform Commercial Code", so as to remove the provisions which provide that a perfected security interest in collateral takes priority over each and all of the liens, claims and rights described in Georgia Code Section 67-1701; and for other purposes.
Referred to the Committee on Judiciary.
HB 730. By Messrs. Jones of the 76th and Drew of the 116th:
A Bill to be entitled an Act to amend an Act known as the "State Toll Bridge Authority Act"; and for other purposes.
Referred to the Committee on Judiciary.
HB 731. By Messrs. Higginbotham, Westlake, Evensen and Bean of the 119th, Sims of the 131st, Adams of the 125th and others:
A Bill to be entitled an Act to amend an Act providing for a pension and retirement system for the officers and employees of certain cities, so as to change certain of the provisions relating to the eligibility of persons receiving benefits under such Act to be reemployed or reappoint-
FRIDAY, FEBRUARY 11, 1966
1517
ed to any position in the government of such cities; and for other purposes.
Referred to the Committee on Local Affairs.
HB 732. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A Bill to be entitled an Act to amend an Act approved February 24, 1874, incorporating the City of Dalton, so as to provide a comprehensive and unified pension plan for certain officers, firemen, policemen, em ployees of the Mayor and Council, and the various departments there of; and for other purposes.
Referred to the Committee on Local Affairs.
HB 733. By Messrs. Bean, Evensen, Westlake and Higginbotham of the 119th:
A Bill to be entitled an Act to amend Code Section 87-201, relating to the manner in which elections shall be held by counties, municipalities or divisions on the issue of bonds, so as to provide that every bond issue in certain counties shall contain in the legal advertisement a reference that any brochure, listing, or other advertisements, shall be deemed a statement of intention of the governing body in such counties concern ing the use of bond funds; and for other purposes.
Referred to the Committee on Judiciary.
HR 323-733. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
A Resolution to compensate Mr. Wilbur G. Kurtz, Sr.; and for other purposes.
Referred to the Committee on Appropriations.
HR 324-733. By Mr. Brown of the 120th:
A Resolution proposing an amendment to the Constitution so as to provide that the State of Georgia and any urban renewal agency shall be authorized to donate real estate owned by them to any chapter of the Daughters of the American Revolution or to any chapter of the United Daughters of the Confederacy; and for other purposes.
Referred to the Committee on Judiciary.
HB 746. By Messrs. Harris and Smith of the 85th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of the official court reporter of the Brunswick Judicial Circuit in felony cases and providing in lieu thereof a salary, so as to provide for an assistant official court reporter; and for other purposes.
Referred to the Committee on Local Affairs.
1518
JOURNAL OF THE HOUSE,
HB 747. By Messrs. Thompson and Shields of the lllth, Jones, Brinkley and Pickard of the 112th, Berry and Thompson of the 110th:
A Bill to be entitled an Act to amend Code Chapter 58-6, relating to certain miscellaneous provisions which prohibit the sale of spirituous, alcoholic or malt liquors, so as to prohibit the possession or purchase of such spirituous, alcoholic or malt liquors by any person under the age of 21 years; and for other purposes.
Referred to the Committee on Temperance.
HB 748. By Messrs. Howard of the 101st, Jordan of the 103rd, Wilson and Render son of the 102nd:
A Bill to be entitled an Act to amend an Act creating a law library in certain counties, so as to increase the maximum fund authorized to be collected from court cases to establish such libraries; and for other purposes.
Referred to the Committee on Local Affairs.
HB 749. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd and Wilson of the 102nd:
A Bill to be entitled an Act consolidating the offices of tax collector and tax receiver of Cobb County, so as to change the compensation of the tax commissioner and the chief clerk of the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 750. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to change the compensation which the judges receive from Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 751. By Messrs. Howard and McDaniell of the 101st, Wilson of the 102nd and Jordan of the 103rd:
A Bill to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County, so as to change the compensation of the sheriff, chief deputy sheriff, the deputy sheriffs, chief investigator-sheriff's office, clerk and deputy clerk of the superior court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 752. By Messrs. Etheridge of the 123rd, Gates of the 123rd, and others:
A Bill to be entitled an Act to amend an Act making it unlawful for any person to employ a minor where alcoholic beverages of any kind are
FRIDAY, FEBRUARY 11, 1966
1519
sold in counties having a population of more than 500,000; and for other purposes.
Referred to the Committee on Local Affairs.
HB 753. By Mr. Fleming of the 106th:
A Bill to be entitled an Act to enlarge the powers, authority and jurisdiction of the Georgia Public Service Commission so as to authorize said Commission to issue certificates of public convenience and necessity to radio common carrier corporations, companies, firms, persons, or asso ciations owning, leasing or operating a radio common carrier service in this State; and for other purposes.
Referred to the Committee on Judiciary.
HB 758. By Mr. Tucker of the 36th:
A Bill to be entitled an Act to amend an Act regulating malt beverages, so as to provide the amount of malt beverages in a public place; and for other purposes.
Referred to the Committee on Temperance.
HB 759. By Messrs. Malone and Palmer of the 117th, Higginbotham, Westlake, Evensen and Bean of the 119th:
A Bill to be entitled an Act to amend an Act authorizing the establish ment of a merit system in DeKalb County for employees and the creation of a Merit System Council so as to increase the membership of said Council from 3 to 5 members; and for other purposes.
Referred to the Committee on Local Affairs.
HB 760. By Messrs. Dixon and Sweat of the 83rd:
A Bill to be entitled an Act to amend an Act placing certain officers of Ware County on a salary system, so as to authorize the governing authority to allow the tax collector to receive commissions for collecting the taxes in excess of a certain percentage of the total taxes due; and for other purposes.
Referred to the Committee on Local Affairs.
HB 761. By Messrs. Dixon and Sweat of the 83rd:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Ware County, so as to change the procedure relative to the publication of receipts and expenditures; and for other purposes.
Referred to the Committee on Local Affairs.
1520
JOURNAL OF THE HOUSE,
HB 762. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st and Jordan of the 103rd:
A Bill to be entitled an Act to fix the compensation of the treasurers of all counties of this State having a population of not less than 100,000 nor more than 130,000; and for other purposes.
Referred to the Committee on Local Affairs.
HR 326-762. By Messrs. Dixon and Sweat of the 83rd:
A Resolution proposing an amendment to the Constitution so as to clarify the provisions relative to the filling of vacancies on the Board of Education of Ware County and the appointment of the County School Superintendent by the Board; and for other purposes.
Referred to the Committee on Local Affairs.
HR 327-762. By Messrs. Henderson and Wilson of the 102nd, McDaniell and Howard of the 101st, and Jordan of the 103rd:
A Resolution proposing an amendment to the Constitution so as to authorize Cobb County to install, construct, extend, repair and improve sidewalks in the incorporated areas and unincorporated areas of Cobb County and to issue general obligation bonds in order to finance said projects; and for other purposes.
Referred to the Committee on Local Affairs.
HR 328-762. By Messrs. Oglesby of the 92nd, Odom of the 79th, Simkins of the 106th, Sherman and DeLong of the 105th and many others:
A Resolution proposing an amendment to the Constitution so as to provide that the Speaker of the House of Representatives shall be elected by secret ballot; and for other purposes.
Referred to the Committee on State of Republic.
HB 763. By Mr. Steis of the 100th:
A Bill to be entitled an Act creating a Small Claims Court in Harris County; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the rules of the House were suspended in order that the following Bills and Resolutions of the House might be introduced, read the first time and referred to the Committees:
FRIDAY, FEBRUARY 11, 1966
1521
HB 764. By Messrs. Newton and Matthews of the 94th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Colquitt County, so as to provide a retirement system for certain personnel of the Board of Commissioners of Colquitt County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 765. By Messrs. Dean and Moore of the 20th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Rockmart in the County of Polk, so as to change the date for holding elections for mayor and councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 766. By Mr. Barber of Jackson:
A Bill to be entitled an Act incorporating the City of Jefferson, so as to provide for annexation and provide for a referendum; and for other purposes.
Referred to the Committee on Local Affairs.
HB 767. By Mr. Moore of the 20th:
A Bill to be entitled an Act superseding and revising the laws relating to Game and Fish Commission, so as to remove provisions authorizing and empowering the Game and Fish Commission to purchase pas senger carrying vehicles; and for other purposes.
Referred to the Committee on Appropriations.
HR 330-767. By Mr. Smith of the 90th:
A Resolution creating the State-Local Government Revenue Study Com mittee; and for other purposes.
Referred to the Committee on Rules.
HR 331-767. By Mr. Smith of the 90th:
A Resolution creating the State-Local Government Study Committee; and for other purposes.
Referred to the Committee on Rules.
1522
JOURNAL OF THE HOUSE,
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 699. By Mr. Jones of the 112th:
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 the State Board of Education is authorized to grant grants-in-aid and scholar ships; and for other purposes.
HR 300-699. By Mr. Jones of the 112th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the granting of grants-in-aid and scholarships to the teachers in the several county school systems, and other schools over which the State Board of Educa tion may exercise any jurisdiction; and for other purposes.
HR 301-699. By Mr. Lambert of the 38th:
A Resolution creating an interim study committee on traffic safety; and for other purposes.
HR 302-699. By Mr. Fulford of the 67th:
A Resolution creating an interim committee to study the advisability and feasibility of establishing a statewide plumbing code and a state wide electrical code; and for other purposes.
HB 700. By Messrs. Melton and Gaissert of the 34th:
A Bill to be entitled an Act authorizing and fixing the salaries and compensation of the Commissioners of Roads and Revenues of Spalding County, so as to fix the compensation of the Chairman and members; and for other purposes.
HB 701. By Messrs. Lane of the 64th, Parker of the 55th, Spikes of the 42nd, McDaniell of the 101st, Reaves of the 99th and others:
A Bill to be entitled an Act to amend an Act relating to safeguards for workmen on building construction and to regulate scaffolding, pulleys, hoists, etc., used on such construction, so as to change the coverage from counties having a population of 200,000 or more to all counties; and for other purposes.
HB 702. By Messrs. Snellings of the 104th, McCracken of the 49th, Sherman of the 105th, Shields of the lllth and Tucker of the 36th:
A Bill to be entitled an Act to amend an Act which authorized the ac ceptance of cash bonds from persons charged with violation of traffic
FRIDAY, FEBRUARY 11, 1966
1523
laws, so as to authorize municipal law enforcement officers to accept cash bonds in cases involving traffic violations occurring inside the corporate limits of municipalities; and for other purposes.
HB 703. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to amend an Act incorporating the City of Ocilla, so as to provide that candidates for mayor and councilmen must receive a majority of the votes cast; and for other purposes.
HB 704. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Vidalia, so as to change the corporate limits of said City of Vidalia; and for other purposes.
HB 705. By Messrs. Lee, Gary and Harrell of the 35th:
A Bill to be entitled an Act to amend an Act creating a board of commissioners of roads and revenues for Clayton County, so as to provide that the vice chairman of said commission shall have the authority and duty of the chairman and shall carry out the duties of the chairman in the event the chairman is temporarily absent from the county or incapacitated; and for other purposes.
HB 706. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Henderson and Wilson of the 102nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, so as to increase the corporate limits; and for other purposes.
HB 707. By Messrs. Harrell, Lee and Gary of the 35th:
A Bill to be entitled an Act to amend an Act of the General Assembly approved March 7, 1955, so as to provide that said Clayton County Water Authority will have the right of eminent domain and to further define the powers and duties of said Board; and for other purposes.
HB 708. By Messrs. Malone, Palmer, Carley and Vaughn of the 117th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, so as to change the date on which taxes are due; and for other purposes.
HB 709. By Messrs. Carnes of the 129th, Adams of the 125th, Lambros of the 130th, Hawkins of the 139th, Lea of the 126th and others:
A Bill to be entitled an Act to provide in all counties having a population of 500,000 or more a method of payment to judges of the Superior
1524
JOURNAL OF THE HOUSE,
Court Emeritus who are requested to serve in such counties; and for other purposes.
HR 309-709. By Mr. Chandler of the 47th:
A Resolution authorizing the acceptance of the bid of Sonoco Products Company, to lease 1.22 acres of State-owned property in Fulton County. Georgia, and to direct the Chairman of the State Properties Control Commission to execute the attached lease on behalf of the State Prop erties Control Commission; and for other purposes.
HR 310-709. By Mr. Palmer of the 117th:
A Resolution creating an interim study committee relating to the com pensation and expenses received by the elected and appointed officials of the Executive Branch of Government; and for other purposes.
HB 710. By Mr. Doster of the 73rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lumber City, so as to change the hours for which the polls shall remain open on election days; to provide for voting machines, and for other purposes.
HB 711. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend an Act incorporating the City of Riceboro, so as to change the date on which municipal elections are conducted; and for other purposes.
HB 712. By Mr. Jones of the 76th:
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 authorize the sale of distilled spirits or alcoholic beverages for beverage purposes on the premises in certain counties and munici palities; and for other purposes.
HB 713. By Mr. Steis of the 100th:
A Bill to be entitled an Act to provide a new charter for the Town of Geneva; and for other purposes.
HB 714. By Messrs. Herndon of the 74th, NeSmith of the 43rd and Reaves of the 99th:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the levy of tax and exemptions on all distributors of motor fuel and/or kerosene, so as to remove the provisions relating to the tax on kerosene; and for other purposes.
FRIDAY, FEBRUARY 11, 1966
1525
HB 715. By Mr. Fleming of the 106th:
A Bill to be entitled an Act to amend an Act entitled "The Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide a further exemption from the imposition of said tax with respect to a sale or transfer of property between a subsidiary and a parent cor poration; and for other purposes.
HB 716. By Mr. Rainey of the 69th:
A Bill to be entitled an Act to amend an Act establishing a State Employees' Retirement System, so as to provide for inclusion as service credits service rendered after age sixty-five until a maximum of twentyfive years' service is reached, and for other purposes.
HB 717. By Messrs. Sherman of the 105th, Simkins of the 106th, Snellings of the 104th, Fleming of the 106th and DeLong of the 105th:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to provide an alternative form of retirement pension authorizing a permanent employee to receive a reduced pension for his lifetime in consideration of the payment to his spouse after his death of a pension equal to one-half of the employee's reduced pension, and for other purposes.
HB 718. By Messrs. Sherman of the 105th, Simkins of the 106th, Snellings of the 104th, Fleming of the 106th and DeLong of the 105th:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to provide a further alternative form of retirement allowance; and for other purposes.
HB 719. By Messrs. Sherman of the 105th, Simkins of the 106th, Snellings of the 104th, Fleming of the 106th and DeLong of the 105th:
A Bill to be entitled an Act to amend the charter of the City of Augusta, relating to reduced pensions, and for other purposes.
HR 314-719. By Mr. Palmer of the 117th:
A Resolution creating an interim study committee to study the com pensation and expenses and the retirement, pension and emeritus pro grams of the justices and judges who receive all or any part of their compensation from the State of Georgia, and for other purposes.
HR 315-719. By Messrs. Mitchell of the 3rd, Jones of the 76th, Howard of the 101st, Maddox of the 8th and Abney of the 1st:
A Resolution creating a committee to study salaries, retirement, and pension program, case load distribution and other matters relative to the Superior Court System in Georgia, and for other purposes.
1526
JOURNAL OF THE HOUSE,
HE 316-719. By Mr. Anderson of the 71st:
A Resolution proposing an amendment to the Constitution so as to create the Pulaski County-Hawkinsville Development Authority, and for other purposes.
HR 317-719. By Mr. Harris of the 118th:
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.
HR 318-719. By Messrs. Levitas of the 118th, Thompson of the lllth, Gary of the 35th, Bean of the 119th, Egan of the 141st and others:
A Resolution proposing an amendment to the Constitution so as to provide for the apportionment of the Senate and House of Representa tives, and for other purposes.
HR 319-719. By Mr. Anderson of the 71st:
A Resolution proposing an amendment to the Constitution so as to create the Bleckley-Cochran Industrial Development Authority; and for other purposes.
HB 720. By Messrs. Story and Watson of the 22nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Norcross, so as to change the compensation of the Mayor, Mayor pro-tern, and councilman, and for other purposes.
HB 721. By Messrs. Story and Watson of the 22nd:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners of Gwinnett County, so as to change the compensation of County commissioners; and for other purposes.
HR 320-721. By Messrs. Story and Watson of the 22nd:
A Resolution proposing an amendment to the Constitution so as to create a five-member Board of Commissioners of Roads and Revenues for Gwinnett County and to provide for a county manager form of government, and for other purposes.
SB 40. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend Code Chapter 27-25, relating to criminal sentences, so as to revise procedures with respect thereto in both jury and non-jury cases; and for other purposes.
FRIDAY, FEBRUARY 11, 1966
1527
SB 124. By Senator Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act requiring Banks and other entities doing a trust business to secure uninvested trust funds, so as to provide that such uninvested trust funds may be secured by additional obligations; and for other purposes.
SB 130. By Senators Johnson of the 38th, Wesberry of the 37th, Ward of the 39th and others:
A Bill to be entitled an Act to amend Code Chapter 92-63, relating to the compilation of tax returns and the preparation of tax digests by the tax receivers, so as to delete therefrom the requirement that the names of colored taxpayers be compiled separately on the tax digest; and for other purposes.
SB 159. By Senator Dean of the 6th:
A Bill to be entitled an Act to declare that the practice of nudism in any manner whatsoever shall be against the public policy of the State of Georgia; and for other purposes.
SB 166. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th and others:
A Bill to be entitled an Act to amend an Act relating to the punishment of any person who shall desecrate the burial place of any human body, so as to provide life imprisonment in lieu of the death penalty; and for other purposes.
SB 178. By Senators Gillis of the 20th, Gayner of the 5th, Dean of the 6th, and others:
A Bill to be entitled an Act to amend Code Section 34-1006, relating to the qualification of candidates in primaries, so as to provide the time for qualifying; and for other purposes.
HB 734. By Mr. Bagby of the 21st:
A Bill to be entitled an Act creating a new Charter for the City of Dallas, so as to provide for the establishment of a recorder's court, create the office of recorder and provide for the jurisdiction of such office and the powers, duties, appointment, removal and compensation of the recorder; and for other purposes.
HB 735. By Mr. Bagby of the 21st:
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 tax commissioner; and for other purposes.
1528
JOURNAL OF THE HOUSE,
HB 736. By Mr. Thomas of the 77th:
A Bill to be entitled an Act to place the ordinary of Wayne County on a salary system in lieu of a fee system; and for other purposes.
HB 737. By Mr. Thomas of the 77th:
A Bill to be entitled an Act to place the tax commissioner of Wayne County on a salary basis in lieu of a fee system; and for other purposes.
HB 738. By Mr. Thomas of the 77th:
A Bill to be entitled an Act to amend an Act incorporating and creating1 a new charter for the City of Jesup in Wayne County, so as to change the corporate limits; and for other purposes.
HB 739. By Messrs. Fleming and Simkins of the 106th, Snellings and Hull of the 104th, and Sherman of the 105th:
A Bill to be entitled an Act to provide for the appointment of and the salary for an Executive Secretary and Calendar Clerk to the Judge or Judges presiding in civil matters, as presiding in civil matters, as distinguished from domestic relations and criminal matters, of the Superior Courts in counties having a population of not less than 135,000 nor more than 140,000; and for other purposes.
HB 740. By Messrs. Fleming and Simkins of the 106th, DeLong and Sherman of the 105th, Snellings and Hull of the 104th:
A Bill to be entitled an Act to amend an Act placing certain of the officers of certain counties on a salary in lieu of the fee system, so as to change the maximum compensation to be paid certain employees of certain officers in such counties; and for other purposes.
HB 741. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A Bill to be entitled an Act to amend an Act providing for assistants in the office of the solicitor-general of certain counties, so as to change the compensation of the stenographer-clerks of said court in such counties; and for other purposes.
HB 742. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A Bill to be entitled an Act to amend an Act providing for the ap pointment of a secretary to serve the judges of the city courts in certain counties, so as to change the compensation of the secretary in such counties; and for other purposes.
FRIDAY, FEBRUARY 11, 1966
1529
HB 743. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of a clerk for the office of solicitor of the city court of certain counties, so as to change the compensation of the clerk in such counties; and for other purposes.
HB 744. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A Bill to be entitled an Act to amend an Act providing for the ap pointment of an assistant solicitor of the city court of certain counties, so as to change the compensation of the assistant solicitor in such counties; and for other purposes.
HB 745. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A Bill to be entitled an Act to establish and create the office of Building Inspector for Richmond County; and for other purposes.
HB 754. By Messrs. Sherman and DeLong of the 105th, Fleming of the 106th and Snellings of the 104th:
A Bill to be entitled an Act to amend an Act providing a permanent county employees' pension fund for permanent employees of the Board of Commissioners of Roads and Revenues for Richmond County, so as to provide for certain optional additional benefits; and for other purposes.
HR 325-754. By Messrs. Williams, Overby and Wood of the 16th:
A Resolution proposing an amendment to the Constitution to provide for the granting of scholarships to personnel to take under-graduate nursing training in the mental health field; and for other purposes.
HB 755. By Mr. Conner of the 91st:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Bacon County, so as to change the compensation of the chairmen; and for other purposes.
HB 756. By Mr. Conner of the 91st:
A Bill to be entitled an Act to enable Bacon County and the City of Alma to establish a joint planning commission to make and amend an overall plan, and to otherwise promote the orderly growth and develop ment of the county and city; and for other purposes.
1530
JOURNAL OF THE HOUSE,
HB 757. By Mr. Conner of the 91st:
A Bill to be entitled an Act to create and incorporate the City of Denton, in the County of Jeff Davis, and grant a charter to that municipality under that name and style; and for other purposes.
Mr. Newton of the 94th District, Chairman of the Committee on Agriculture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 674. Do Pass. Respectfully submitted, Newton of 94th Chairman.
Mr. Conger of 89th District, 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:
SB 88. Do Pass with Committee Amendments. SB 89. Do Pass with Committee Amendments. HB 647. Do Pass with Committee Amendments.
Respectfully submitted, Conger of 89th Chairman.
Mr. Mitchell of 3rd District, 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 Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 37. Do Pass.
FRIDAY, FEBRUARY 11, 1966
1531
HB 366. Do Pass. HB 524. Do Pass. HB 530. Do Pass.
Respectfully submitted, Mitchell of 3rd Chairman.
Mr. Vaughn of 117th District, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 133. Do Pass. HB 626. Do Pass as Amended.
Respectfully submitted, Vaughn of 117th Chairman.
Mr. Smith of 3rd District, 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 178. Do Pass by Substitute. HB 553. Do Pass as Amended.
Respectfully submitted, Smith of 3rd Chairman.
Mr. Lee of 35th District, Chairman of the Committee on Industrial Relations submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the
1532
JOURNAL OF THE HOUSE,
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, Lee of 35th Chairman.
Mr. Conner of 91st District, Chairman of the Committee on Insurance, sub mitted the following report:
Mr. Speaker:
Your Committee on Insurance 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 Not Pass. Respectfully submitted, Conner of 91st Chairman.
Mr. Harris of 118th District, Chairman of the Committee on Judiciary, sub mitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 3. Do Pass as Amended. Respectfully submitted, Harris of 118th Chairman.
Mr. Harris of 118th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 1. Do Pass.
FRIDAY, FEBRUARY 11, 1966
1533
HB 464. Do Pass.
Respectfully submitted, Harris of 118th Chairman.
Mr. Brinkley of the 112th District, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 668. Do Pass.
HB 700. Do Pass.
HB 704. Do Pass.
HB 705. Do Pass.
HB 706. Do Pass.
HB 707. Do Pass.
HB 708. Do Pass.
HB 710. Do Pass.
HB 711. Do Pass.
HB 712. Do Pass.
HB 713. Do Pass.
HB 720. Do Pass.
HB 721. Do Pass.
HB 318. Do Pass as Amended.
HB 703. Do Pass as Amended.
SB
187. Do Pass.
HR 320-721. Do Pass.
HR 289-658. Do Pass as Amended.
HR 290-679. Do Pass as Amended.
HR 316-719. Do Pass as Amended.
HR 319-719. Do Pass as Amended.
Respectfully submitted,
Brinkley of 112th
Chairman.
1534
JOURNAL OF THE HOUSE,
Mr. Dorminy of 72nd District, Chairman of the Committee on Natural Re sources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources 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 297-698. Do Pass.
Respectfully submitted, Dorminy of 72nd Chairman.
Mr. Chandler of 47th District, Chairman of the Committee on State Institu tions 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 Chairman, to report the same back to the House with the following recom mendations :
HR 309-709. Do Pass. HR 277. Do Pass.
Respectfully submitted, Chandler of 47th Chairman.
Mr. Ware of 42nd District, Chairman of the Committee on State of Republic submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the follow ing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 544. Do Pass.
Respectfully submitted, Ware of 42nd Chairman.
FRIDAY, FEBRUARY 11, 1966
1535
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 93. By Senators Rowan of the 8th and Pennington of the 45th:
A Bill to provide for inspection of colonies of honeybees by the State Department of Agriculture; and for other purposes.
SB 123. By Senators Kendrick of the 32nd and Searcey of the 2nd:
A Bill to repeal Code Chapter 32-17, relating to the requirement that all the curriculum of all public schools contain instruction in the promotion and encouragement of the conservation and protection of various forms of useful wildlife and the forests; and for other purposes.
SB 143. By Senators Pennington of the 45th, Jackson of the 16th and others:
A Bill to amend an Act creating the Department of Public Safety of Georgia, as amended, so as to provide for the issuance of honorary drivers' licenses without cost to certain veterans of this State or certain servicemen of this State; and for other purposes.
SB 137. By Senators Webb of the llth, Johnson of the 42nd and others:
A Bill to amend an Act establishing the State Employees' Retirement System, as amended, so as to provide for benefits for future employees under the involuntary separation provisions; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate to-wit:
SR 49. By Senators Hall of the 52nd, Jackson of the 16th and others:
A Resolution creating an interim study committee to study the feasibility of establishing a central computerized criminal records system for the State of Georgia; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bill of the House to-wit:
1536
JOURNAL OF THE HOUSE,
HB 209. By Messrs. Wells of the 30th, Blalock of the 33rd and others:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the minimum salaries established by the State Board of Education of drivers of certain school buses; and for other purposes.
The Senate has adopted by the requisite constitutional majority by following Resolutions of the House to-wit:
HR 87-138. By Messrs. Chandler and Harrington of the 47th: A Resolution authorizing the leasing of a certain tract of State-owned property; and for other purposes.
HR 136-255. By Mr. Leonard of the 3rd: A Resolution authorizing the exchange and conveyance of certain property rights in real property located in Murray County, by and be tween the State of Georgia and The Cohutta Talc Company, a Georgia Corporation; and for other purposes.
HR 148-301. By Mr. Elliott of the 107th:
A Resolution authorizing the conveyance of certain State Property located in Bibb County; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate to-wit:
SB 73. By Senators Webb of the llth and Jackson of the 16th:
A Bill to amend Code Title 88, known as the Georgia Health Code, approved March 18, 1964 (Ga. L. 1964, p. 499), as amended, relating to Grants for Medical Facilities; and for other purposes.
SB 141. By Senators Rowan of the 8th and Carter of the 14th:
A Bill to amend Code Section 68-201, as amended, so as to provide that said Sections shall not apply to four wheel trailers with no springs; and for other purposes.
SB 135. By Senator Webb of the llth:
A Bill to amend an Act establishing a retirement system in the State Public Schools, as amended; and for other purposes.
FRIDAY, FEBRUARY 11, 1966
1537
SB 144. By Senators Carter of the 14th and Plunkett of the 30th:
A Bill to amend an Act creating the Georgia State Scholarship Com mission, as amended, so as to provide that the Georgia State Scholarship Commission shall be an agency within the Executive Branch of State Government and shall be a budget unit of the State Government; and for other purposes.
SB 174. By Senators Broun of the 46th and Hall of the 52nd:
A Bill to amend an Act establishing a retirement system in the State Public schools, as amended, so as to provide that any member of the teachers' retirement system may make voluntary contributions to said system; 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:
SR 8. By Senator Smalley of the 28th:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to the method of amending the Con stitution; and for other purposes.
Referred to the Committee on Judiciary.
SB 21. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code, so as to create within the Department of Public Health an autonomous Division of Mental Health; and for other pur poses.
Referred to the Committee on Rules.
SR 25. By Senators Webb of the llth and Jackson of the 16th:
A Resolution proposing an amendment to the Constitution so as to provide for the payment for taking or damaging private property street purposes; and for other purposes.
Referred to the Committee on Judiciary.
SB 45. By Senator Kendrick of the 32nd:
A Bill to be entitled an Act to amend Code Section 32-904, relating to the compensation of members of county boards of education, so as to change the compensation of board members; and for other purposes.
Referred to the Committee on Education.
1538
JOURNAL OF THE HOUSE,
SR 49. By Senators Hall of the 52nd, Jackson of the 16th, and Kendrick of the 32nd:
A Resolution creating an interim study committee to study the feasibil ity of establishing a central computerized criminal records system for the State of Georgia; and for other purposes.
Referred to the Committee on Rules.
SB 93. By Senators Rowan of the 8th and Pennington of the 45th:
A Bill to be entitled an Act to provide for inspection of colonies of honeybees by the State Department of Agriculture; and for other purposes.
Referred to the Committee on Agriculture.
SB 123. By Senators Kendrick of the 32nd and Searcey of the 2nd:
A Bill to be entitled an Act to repeal Code Chapter 32-17 relating to the requirement that the curriculum of all public schools contain in struction in the promotion and encouragement of the conservation and protection of various forms of useful wildlife and the forests; and for other purposes.
Referred to the Committee on Education.
SB 137. By Senators Webb of the llth, Johnson of the 42nd, Gillis of the 20th, and others:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for benefits for future employees under the involuntary separation provisions; and for other purposes.
Referred to the Committee on Judiciary.
SB 143. By Senators Pennington of the 45th, Jackson of the 16th and Carter of the 14th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety of Georgia, so as to provide for the issuance of hon orary drivers' licenses without cost to certain veterans of this State or certain servicemen of this State; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 174. By Senators Broun of the 46th and Hall of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a retirement system in the State Public schools, so as to provide that any member of the teachers' retirement system may make voluntary contributions to said system; and for other purposes.
Referred to the Committee on Education.
FRIDAY, FEBRUARY 11, 1966
1539
SB 199. By Senator Downing of the 1st:
A Bill to be entitled an Act to amend Code Section 40-804, relating to the power of the Secretary of State, the Department of Archives and History, so as to provide that the Secretary of State may establish a branch depository after obtaining prior written approval of the historical association involved; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Resolutions of the House were adopted:
HR 332. By Messrs. Abney of the 1st, McDaniell of the 101st, Hale of the 1st and many others.
A RESOLUTION
Commending Honorable Herb C. Hawkins, Jr.; and for other purposes.
WHEREAS, Honorable Herb C. Hawkins, Jr. is the distinguished Representative from the 139th District; and
WHEREAS, Mr. Hawkins is also a member of the Georgia Air National Guard; and
WHEREAS, Mr. Hawkins has been awarded the Viet Nam Service Medal twice by the United States Air Force for two periods of service in Viet Nam; and
WHEREAS, Mr. Hawkins has participated in airlifts of Christmas packages to United States soldiers in Viet Nam; and
WHEREAS, it is the desire of the members of this body to recognize their colleague for his devotion to duty.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Honorable Herb C. Hawkins, Jr. upon being selected twice by the United States Air Force for the Viet Nam Service Medal award.
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 Herb C. Hawkins, Jr. and to Maj. General George C. Hearn, Adjutant General of the State of Georgia.
HR 333. By Mr. Mixon of the 81st:
A RESOLUTION Commending Honorable W. T. Brightwell; and for other purposes. WHEREAS, Honorable W. T. Brightwell is the Associate Horticul-
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JOURNAL OF THE HOUSE,
turist of the Georgia Coastal Plain Experiment Station in Tifton, Georgia; and
WHEREAS, Mr. Brightwell is responsible for developing a new variety of blueberries at the experiment station of the Tifblue variety; and
WHEREAS, Tifblue blueberries are the leading commercial va rieties of rabbiteye blueberries; and
WHEREAS, Tifblue blueberries are being planted in many south ern states including North Carolina, South Carolina, Georgia, Florida and Alabama; and
WHEREAS, one of the outstanding attributes of the Tifblue variety is its shipping quality.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Honorable W. T. Brightwell for developing the Tifblue variety of blueberries and for his other outstanding accomplishments and achievements.
BE IT FURTHER RESOLVED that the clerk of the House is here by authorized to forward an appropriate copy of this Resolution to Honorable W. T. Brightwell.
HR 334. By Messrs. Brown of the 120th and Steis of the 100th:
A RESOLUTION
Commending Mr. A. M. (Tonto) Coleman; and for other purposes.
WHEREAS, Mr. A. M. Coleman, the aggressive, 59-year old As sistant Athletic Director of the Georgia Institute of Technology, was recently appointed Commissioner of the Southeastern Conference; and
WHEREAS, Mr. Coleman for many years has been known for his determination, fairness and honesty; and
WHEREAS, he is an ardent believer in physical fitness; and
WHEREAS, while receiving his education, he played football, basketball and baseball; and
WHEREAS, his career included high school coaching, college coach ing and coaching in the armed forces; and
WHEREAS, Mr. Coleman is well known to the athletic officials of the colleges of this nation; and
FRIDAY, FEBRUARY 11, 1966
1541
WHEREAS, Mr. Coleman, while not competing for the position of Commissioner of the Southeastern Conference, he was sought by the officials of the ten colleges of the Southeastern Conference to accept said position; and
WHEREAS, the General Assembly of Georgia concurs in the deci sion of said officials in selecting Mr. A. M. (Tonto) Coleman as Com missioner of the Southeastern Conference.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Mr. A. M. (Tonto) Coleman is hereby congratulated upon his acceptance of the position as Commissioner of the Southeastern Conference, and the sincerest wishes of this body are hereby extended to him for a most successful career in his new en deavors.
BE IT FURTHER RESOLVED that the sincerest appreciation of this body is hereby extended to Mr. A. M. Coleman for his outstanding achievements in the furtherance of the scholastic and athletic programs of the institutions of higher learning in Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby directed to forward an appropriate copy of this Resolution, with the seal of the General Assembly affixed thereto, to Mr. A. M. (Tonto) Coleman.
HR 335. By Mr. Anderson of the 71st:
A RESOLUTION
Expressing regrets at the passing of Honorable Charles Mullis; and for other purposes.
WHEREAS, the Honorable Charles Mullis, a native of Cochran, Georgia, passed away on February 5, 1966; and
WHEREAS, during the long and illustrious life of this distinguished citizen of the State of Georgia, he accumulated many fast friendships throughout the entire State of Georgia; and
WHEREAS, Honorable Charles Mullis was a former member of the Georgia House of Representatives, having served therein during the years of 1923 and 1924; and
WHEREAS, Honorable Charles Mullis, in addition to his legislative service, served the people of the State of Georgia in the office of the Secretary of State for a number of years; and
WHEREAS, it is befitting and proper that this body recognize the many achievements and accomplishments and contributions to the people of the State of Georgia of this outstanding citizen.
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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and sincerest regrets to the family and many friends of the Honorable Charles Mullis at his passing.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of his Resolution to Mrs. Mattie Lou Dunham Mullis, the widow of the late Charles Mullis.
HR 336. By Mr. Lee of the 35th:
A RESOLUTION
Commending the Georgia Association of the Justices of the Peace and Constables, Inc. and the first officers thereof; and for other pur poses.
WHEREAS, the Georgia Association of the Justices of the Peace and Constables, Inc., a non-profit organization, was chartered on Sep tember 29, 1965, by the Superior Court of Fulton County, Georgia, for the puropse of advancing the administration of justice as the same may pertain especially to the Justice Courts and the Constables and to encourage, advance and promote the functions of said officers on the highest level according to the best traditions of American justice; and
WHEREAS, the people of the State of Georgia shall benefit by such efforts on the part of the Justices and Constables, and should be commended for their efforts to advance the cause of justice for all the people.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the said Georgia Association of Justices of the Peace and Constables, Inc. and its first officers be commended for its efforts as above set out, and that said association be urged and requested to continue their excellent work on behalf of the people 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 his Resolution to the Georgia Association of Justices of the Peace and Constables, Inc.
HR 337. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
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 1966 regular session of the General Assembly the following provisions shall become effective:
FRIDAY, FEBRUARY 11, 1966
1543
(1) The members of the Auditing, Enrolling, Engrossing and Journals Committee are authorized to remain at the Capitol five days after adjournment for the purpose of checking bills and resolutions, auditing expenses, and transacting whatever other matters are neces sary. 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 nec essary, are authorized to remain at the Capitol ten days after adjourn ment for the purpose of completing the work and records in the Speaker's office. Such personnel shall receive the same compensation, per diem, expenses and allowances 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 As sembly, and employ such personnel as he shall require, for such periods as he deems necessary, and fix the compensation for such personnel. For each day spent on official business during the interim, the Speaker shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees.
(4) The Clerk of the House and such personnel as he deems nec essary, are authorized to remain at the Capitol thirty days after ad journment 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 com pensation, 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 convening of the next regular session and employ such personnel as he deems necessary, which personnel shall be paid the same as such personnel received during the regular 1966 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, per diem, expenses and allowances as received during the regular session.
(7) After such five days 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, such Floor Leader shall receive the compensation, per diem, expenses and allow ances authorized for legislative members of interim legislative com mittees.
(8) The Chairman of the Judiciary Committee is hereby authorized to remain at the Capitol five days after adjournment for the purpose
1544
JOURNAL OF THE HOUSE,
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 Chairman of any such committees and shall prescribe the time for which any such committees 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.
(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 1967, and personnel for any such office may be employed and such personnel shall receive the same compensation, per diem, expenses and allowances as received during the regular session of 1966.
(11) The funds necessary for this resolution shall come from the funds appropriated to and available to the legislative branch of the government, and the State Treasurer is hereby authorized and directed to make the payments provided for hereunder, subject to the provisions hereof.
HR 338. By Mr. Jones of the 112th:
A RESOLUTION
Congratulating Doctor and Mrs. John Robert Smith upon the arrival of twin girls; and for other purposes.
WHEREAS, on February 2, 1966 Doctor and Mrs. John Robert Smith became the proud parents of twin girls; and
WHEREAS, Leslie Anne Smith arrived at 9:09 p.m. weighing 5 pounds and 8 ounces; and
WHEREAS, Laura Leigh Smith arrived at 9:11 p.m. weighing 5 pounds and 6 ounces; and
WHEREAS, February 2nd is "Ground Hog" day; and
WHEREAS, these two little "ground hogs" will certainly enliven the Smith household for many years to come.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby congratulate Doctor
FRIDAY, FEBRUARY 11, 1966
1545
and Mrs. John Robert Smith upon the arrival of their twin girls and expresses its best wishes for the future happiness of Leslie Anne and Laura Leigh Smith.
BE IT FURTHER RESOLVED that the clerk of the House is hereby authorized and directed to forward an appropriate copy of this resolution to Doctor and Mrs. John Robert Smith.
HR 339. By Messrs. Maddox of the 8th and Colwell of the 5th:
A RESOLUTION
To commemorate the memory of Field Champion Sweet Music Banjo; and for other purposes.
WHEREAS, on February 2, 1966 Field Champion Sweet Music Banjo, one of the most outstanding beagles in the United States of America, died suddenly of a heart attack while a patient in the Uni versity of Georgia School of Veterinary Medicine; and
WHEREAS, Banjo was owned by Dr. Charles B. Watkins, Jr., a member of the House of Representatives from Ellijay, Georgia; and
WHEREAS, Doctor Watkins was unable to be by Banjo's side when his untimely death occurred due to his service in the General Assembly of Georgia; and
WHEREAS, for the past five years Sweet Music Banjo has thrilled countless hundreds of hunters at field trials throughout the United States; and
WHEREAS, he became a champion at a very early age by defeat ing many of the outstanding hounds with whom he competed and he continued to perform brilliantly after earning his championship; and
WHEREAS, at the present many of his sons and daughters are carrying on Banjo's tradition and are bringing fame to his name by winning and placing in field trials throughout the country.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest sympathy to Dr. Charles B. Watkins, Jr. owner of Field Champion Sweet Music Banjo and to all members of the beagle fraternity who will certainly miss the great little field champion and expresses its hope that Banjo's melodious voice will resound throughout the heavens throughout eternity.
BE IT FURTHER RESOLVED that the clerk of the House is here by authorized and directed to forward an appropriate copy of this reso lution to Dr. Charles B. Watkins, Jr. owner of field champion Sweet Music Banjo.
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HR 340. By Messrs. Westlake, Evensen, Bean and Higginbotham of the 119th:
A RESOLUTION
Urging continued support for the Junior R.O.T.C. program; and for other purposes.
WHEREAS, it has been communicated through the news media that the Department of Defense has recommended phasing out the Reserve Officers Training Program in our high schools; and
WHEREAS, military service is still compulsory in the United States and because of the present world situation the draft calls are being increased each month;
WHEREAS, the Junior R.O.T.C. program offers young men an opportunity to demonstrate their ability in military science; and
WHEREAS, the Junior R.O.T.C. program teaches young men dis cipline, marksmanship, arid military tactics and strategy; and
WHEREAS, young men who excel in high school R.O.T.C. may con tinue their study in college and upon graduation receive a reserve com mission in one of the branches of the armed forces; and
WHEREAS, the best soldiers are generally between the ages of 18 and 25 when given proper leadership training.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge its continued support for the Junior R.O.T.C. program and recommends that the Junior R.O.T.C. program be expanded and made a part of the curricu lum of all public high schools.
BE IT FURTHER RESOLVED that the clerk of the House is hereby authorized and directed to transmit an appropriate copy of this resolution to each member of the Georgia Congressional Delegation.
By unanimous consent, the following Resolutions of the House were read and referred to the Committee on Rules:
HR 329. By Mr. Lane of the 64th:
A RESOLUTION
Amending the rules of the House of Representatives; and for other purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the rules of the House of Representatives
FRIDAY, FEBRUARY 11, 1966
1547
are hereby amended by adding after Rule No. 257 a new rule to be numbered 258, to read as follows:
"258. Contests
(a) In case a contest is filed to the seating of any person elected as a member of this Body the oath of office shall not be administered to such person nor shall he be recognized as a member of this Body until the House has resolved said contest. A contest will be reviewed by the Clerk and reported to the Body when it convenes.
(b) In case of an election to fill a vacancy, if this Body is not in session, the oath of office shall not be administered to the person elected nor shall such person be recognized as a member of this Body for a period of ten days after the certification of his elec tion to the Clerk of the House. If during said ten day period a con test is filed to the seating of such person, the Clerk of the House shall report the same to the Speaker who shall refer the same to a committee of not less than 21 nor more than 31, to be appointed by the Speaker, who shall be chairman thereof. Said committee shall convene as soon as practicable and after notifying the person whose seating is contested, shall proceed to resolve said contest and file its action with the Clerk. The action of the committee shall be con sidered the action of the House until it next convenes at which time it shall affirm or reverse the committee, or take such other action thereon as it sees fit.
(c) In all contests the person whose seat is contested shall have notice and opportunity to be heard, the rights of counsel and the right to compulsory process for the production of evidence in his behalf."
HR 341. By Mr. Hill of the 121st:
A RESOLUTION
A Resolution creating an Interim Committee to study the problems associated with Education and all matters relating thereto and the facilities associated therewith; and for other purposes.
WHEREAS approximately one-half of the budget of the State of Georgia is assigned to the field of education;
WHEREAS Georgia's taxpayers are forced to support a system of public instruction;
WHEREAS the law requires that children under the age of 16 years attend this system of public instruction;
WHEREAS Georgia Code No. 32-706 and tradition requires this system of public instruction to teach an understanding and devotion to
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JOURNAL OF THE HOUSE,
the State and Federal Constitutions and American institutions and ideals;
WHEREAS some public servants, including educators, have ex pressed opinion that American ideals cannot be defined;
WHEREAS there is evidence that devotion to other ideals is being taught as Americanism;
WHEREAS there is evidence that some principles of Americanism have been presented disrespectfully;
WHEREAS the people of Georgia, through the Georgia Constitu tion, gave the power to operate, establish, maintain and manage com mon schools to the local boards;
WHEREAS subsequent school support laws have tended to transfer that authority to the State Board of Education;
WHEREAS the State Board of Education now claims "exclusive jurisdiction over the schools of Georgia;
WHEREAS there have been indications that our school systems are not guided by the wishes of the people;
WHEREAS certain public servants in Georgia education have de nied to the public information concerning their activities;
WHEREAS there does not appear to be a system of establishing standards for curriculum and curriculum content;
WHEREAS lack of discipline is manifested by destruction of school property in alarming proportions;
WHEREAS there is not now a mean of monitoring curriculum content;
NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF THE GENERAL ASSEMBLY OF GEORGIA, THAT there is hereby created an Interim Legislative Committee, to obtain fact and opinion, and to publish such findings for the information of Georgia Citizens. In addition to normal house rules for such a committee the following conditions shall exist:
1. Hearings will be held and testimony published on:
a. The purpose of Georgia elementary and secondary education,
b. The organization of Georgia's educational system.
c. The principles and ideals referred to in Georgia Code No. 32-706.
d. Teaching aids, including textbooks, used in Georgia's schools.
e. Teaching technique used in Georgia schools and the influence of teacher education programs.
FRIDAY, FEBRUARY 11, 1966
1549
1. Summary and conclusions formed by the committee.
2. Hearings will be public and witnesses will be protected from any discrimination relative to their employment and/or status as student or otherwise.
3. All persons will be heard that have given notice, stating their sub ject of interest to the House Secretary by June 1, 1966. The commit tee, at the request of any House member, may add others to the agenda at any time.
4. One hearing subject will be completed and testimony published before the next subject is scheduled no less than two weeks after the publica tion of that testimony.
5. All members of the House may prepare questions to be asked of specific witnesses and the committee will be obliged to ask those questions of those witnesses.
6. The membership of the committee and the appointment of the chair man and vice chairman will be designated by the House as a whole, there being ten (10) members, seven (7) of whom shall have no affiliation with educational departments or systems whatsoever.
7. The committee will be allotted such funds as necessary to perform the tasks outlined herein.
WHEREFORE, it is prayed that this Resolution be received and acted upon by the General Assembly of the State of Georgia.
HR 342. By Mr. Colwell of the 5th:
A RESOLUTION
Creating an interim study committee on motor fuel and special fuel taxation; and for other purposes.
WHEREAS, there have been several recent appellate court de cisions which could drastically change the present method of the collec tion of motor fuel and special fuel taxes under the existing Motor-Fuel Tax Law; and
WHEREAS, the motor fuel tax is one of the most important meas ures whereby the state is able to provide essential services to the citi zens of this state, primarily in the road-building and maintenance area; and
WHEREAS, a special interim legislative study committee had under study this problem and reported its findings and recommendations to the 1966 session of the Georgia General Assembly; and
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WHEREAS, said committee was of the opinion that, if any changes were to be made in the Motor-Fuel Tax Law of this state, they should be accomplished by a complete and comprehensive revision.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker of the House of Representa tives is hereby authorized to appoint a motor fuel tax study committee to be composed of five members of the House of Representatives. The committee shall be authorized to investigate the entire field of motor fuel and special fuel taxation, with the view in mind of proposing to the 1967 session of the Georgia General Assembly their recommenda tions on the revision of the Motor-Fuel Tax Law in the State of Georgia. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The committee shall make a report of its findings and recommendations to the 1967 session of the General Assembly, at which time it shall stand abolished. The funds necessary for the purposes of this resolution shall come from the funds appropriated and available to the legislative branch of government. The committee shall not be author ized to meet in excess of twenty (20) days.
HR 343. By Messrs. Harris and Farrar of the 118th and Smith of the 90th:
A RESOLUTION
Creating the "Public School Personnel Retirement Study Commit tee"; and for other purposes.
WHEREAS, the General Assembly of the State of Georgia has created the "Teachers' Retirement System of Georgia" for the purpose of providing retirement allowances and other benefits for teachers in the public school systems of the State of Georgia; and
WHEREAS, said system provides for said benefits only to the teachers in the several school systems of this State; and
WHEREAS, there are in said school systems many employees who receive no such benefits either under the provisions of the Teachers' Retirement System or any other provisions of law of this State; and
WHEREAS, many of such personnel are faithful and worthy em ployees entitled to consideration with respect to retirement benefits.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Public School Personnel Retirement Study Committee" to be composed of nine mem bers of the House of Representatives to be appointed by the Speaker. The Committee shall study the advisability and feasibility of enacting legislation providing for retirement benefits for all school personnel not presently under the provisions of the Teachers' Retirement System Act. The Committee shall study methods and approaches relative there to. The members shall receive the compensation, per diem, expenses and
FRIDAY, FEBRUARY 11, 1966
1551
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, 1966, on which date it shall stand abolished. The funds necessary for the purpose of this Resolution shall come from the funds appropriated to and available to the legislative branch of the government.
HR 344. By Mrs. Hamilton of the 137th, Messrs. Lambros of the 130th, Adams of the 125th and Carley of the 117th:
A RESOLUTION
Creating an interim committee; and for other purposes.
WHEREAS, at the present session of the General Assembly, there have been many amendments proposed to the Sales and Use Tax Act, granting exemptions to various purchases and uses of tangible prop erty; and
WHEREAS, many of the exemptions appear to have merit and many others do not; and
WHEREAS, it is advisable to investigate the exemptions presently granted under said Act in order that an orderly and meaningful policy might be developed in regard to sales tax exemptions.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim com mittee to study the Sales and Use Tax Act, to be composed of not less than three nor more than five members of the House. The members of such committee shall be appointed thereto by the Speaker of the House of Representatives, and shall be authorized to investigate the entire field of sales taxation. The committee shall make its report of its find ings and recommendations to the 1967 session of the General Assembly. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees. The funds necessary for the purpose of this resolution shall come from the funds appropriated and available to the legislative branch of government.
Mr. Funk of the 116th arose to a point of personal privilege and addressed the House.
Mr. Harris of the 118th 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 30. By Messrs. Harris of the 118th and Carley of the 117th: A Bill to be entitled an Act to provide that in all criminal cases tried
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JOURNAL OF THE HOUSE,
by a jury it shall be the duty of the jury to return a verdict of guilty or not guilty; and for other purposes.
There was objection.
Mr. Harris of the 118th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 30.
On the motion to reconsider, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Blair Brinkley Brown, B. D. Brown, C. Carley Games Cox Dillon Drew Egan Parrar
Gaissert Gignilliat Grier Hamilton Harris, J. R. Hawkins Howard Howell Hutchinson Lee, W. S. Levitas Malone
Matthews, C. Overby Palmer Sims Smith, V. T. Snow Steis Thompson, A. W. Town send Vaughn, C. R. Walling Williams, W. M.
Those voting in the negative were Messrs.:
Anderson Barfield Bean Black Blalock Brackin Brown, M. P. Byrd Caldwell Chandler Clark, J. T. Coiling, M. Dailey Davis Dean DeLong Dickinson Dorminy Doster Duncan
Elliott Evensen
Floyd Grahl Hadaway Harrell Harrington Harris, J. F. Harris, R. W. Harrison Herndon Hill Holder Houston Johnson, Dr. A. S. Johnson, B. Jordan, W. H. Kiley Knapp Land
Lane Lee, W. J. (Bill) Leonard Lewis Lovell Lovett Marshall Matthews, D. R. Mauldin Merritt Minge Mitchell Mixon Moore, J. H. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Pafford Paris
Parker Peterson Powers Rainey Reid Richardson Ross Rush Russell Savage
FRIDAY, FEBRUARY 11, 1966
1553
Sherman Sinikins Smith, A. B. Spillers Stalnaker Starnes Stewart Story Stovall Taylor
Thomas Underwood Vaughan, D. N. Webb Wells Westlake Wiggins Williams, G. J. Wilson, R. W.
Those not voting were Messrs.:
Abney Alexander Alien Bagby Barber Bedgood Bennett Berry Bowen Brantley Bryant Busbee Carr Gates Clarke, H. G. Collins, J. F. Colwell Conger Conner Cook Crowe Daugherty Dixon Dollar Etheridge Fleming
Fulford Funk Gary Gaynor Hale Henderson Higginbotham Hood Hull Irvin Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Knight Lambert Lambros Lea, F. R. Longino Lowrey Maddox McClatchey McCracken McDaniell Melton Moore, Don C.
NeSmith, J. D. Odom Oglesby Otwell Parrish Phillips Pickard Reaves Roach Rowland Shields Smith, G. L. II Smith, J. R. Smith, W. L. Snellings Spikes Sullivan
Sweat Thompson, R. Tucker Tye Ware Watkins Watson Wilson, J. M. Wood
On the motion to reconsider, the ayes were 36, nays 89.
The motion was lost.
Mr. Barber of the 24th stated that he wished to be recorded in the Journal as voting "aye" on the motion to reconsider HB 30.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Local Affairs and recommitted to the Committee on Judiciary:
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HB 542. By Messrs. Richardson and Punk of the 116th, Gaynor of the 114th 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 of the General Assembly of Georgia, so as to change the method of appor tioning membership in the House of Representatives for Chatham Coun ty; and for other purposes.
By unanimous consent, the following Bill of the House was recommitted to the Committee on Local Affairs for further study:
HB 622. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend Code Chapter 91-8 pertaining to general provisions on inventory and sale of public property . . .", so as to provide for the private sale, conveyance, transfer or other disposition of county property under cer tain conditions; and for other purposes.
Underwood of the 61st introduced the Brewton-Parker Jr. College Choir who rendered several selections.
Mr. McDaniell of the 101st presented the South Cobb Cantaliers who sang "Georgia, Mine".
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HR 288-658. By Mr. Johnson of the 25th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize Elbert County to establish and maintain a program of recreation for the citizens of Elbert County; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Article IX, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
FRIDAY, FEBRUARY 11, 1966
1555
"The governing authority of Elbert County is hereby authorized to establish a program of recreation for Elbert County or to parti cipate with any other political subdivisions located within Elbert County for the establishment and maintenance of a recreation pro gram for the citizens of Elbert County. The governing authorities of Elbert County and the political subdivisions located therein are authorized to create a recreation board and to vest in said board any and all powers which are conferred upon-Elbert County and any of its political subdivisions by the provisions of this paragraph for the establishment, operation, maintenance and administration of a recreation program within Elbert County. Elbert County is hereby authorized to exercise the power of taxation for the purpose of raising funds necessary to establish such a program of recreation. Without limiting the power of Elbert County and any of its political subdivisions, their governing authorities are authorized to exercise any authority and power to establish and administer a recreation program which is set forth in an Act approved February 1, 1946 (Ga. Laws 1946, p. 152), as amended, relating to the establishment of a recreation program within the counties and incorporated municipalities of this state. In addition to such powers, Elbert County is authorized to exercise any power not prohibited by this Constitution for the purpose of establishing and maintaining a program of recreation for the citizens of Elbert County."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amend ed.
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 Elbert County to establish and maintain a program
NO ( ) of recreation for the citizens of Elbert 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.
1556
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
These voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Barber Barfield Bean Bennett Berry Black Blair Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Coiling, M. Colwell Conger Conner Cox Dailey Daugherty Dean DeLong Dickinson Dillon Dixion Dollar Dorminy Doster Drew Etheridge Evensen Fleming Floyd
Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrington Harris, J. F. Harris, R. W. Hawkins Herndon Higginbotham Holder Hood Houston Howard Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones C. M. Jones, M. Jordan, Ben C. Kiley Lambert Lambros Lane Lea, F. R. Lee, W. S. Leonard Lewis Lovell Lowry Maddox Malone Marshall Matthews, C.
Matthews, D. R. Mauldin Melton Minge Mitchell Mixon Moore, Don C. Moore, J. H.
Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Peterson Powers Rainey Reaves Reid Richardson Roach Ross Rowland Savage Sherman Sims Simkins Smith, V. T. Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb
Wells Westlake Wiggins
FRIDAY, FEBRUARY 11, 1966
1557
Williams, G. J. Williams, W. M. Wilson, J. M.
Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Bagby Bedgood Blalock Bowen Cook Crowe Davis Duncan Egan Elliott Farrar Gary Harrell Harris, J. R. Harrison Henderson
Hill Howell Hull Jones, G. Paul Jordan, W. H. Knapp Knight Land Lee, W. J. (Bill) Levitas Longino Lovett McClatchey McCracken McDaniell Merritt
Parrish Phillips Pickard Rush Russell Shields Smith, A. B. Smith, G. L. II Smith, J. R. Snellings Stewart Thompson, R. Townsend Underwood Ware Mr. Speaker
On the adoption of the Resolution, the ayes were 155, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 289-658. By Mr. Leonard of the 3rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Murray County Industrial Development Authority; to provide for powers, authority, funds, purposes and procedures connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF 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 Murray County to be known as the 'Murray County Industrial
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Development Authority' hereinafter referred to as the 'Authority', which shall be an instrumentality of Murray County and a public corporation.
"B. The Authority shall consist of seven (7) members who shall serve for a term of four (4) years each and who shall be eligible for reappointment. The members shall be appointed by the governing authority of Murray County, and the members may be residents of any area of Murray County. The first members of the Authority shall be appointed for terms of two for one year; two for two years; two for three years and one for four years and until their successors are elected and qualified. The governing authority of Murray County shall designate the terms of office of the first members when making the appointment. Thereafter, the terms of office of all members shall be for four (4) years and until their successors are elected and qualified. Vacancies shall be filled for the unexpired term by the governing authority of Murray County. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member of the Authority may be a member of the governing authority of Murray County, but there shall be no other disqualification to hold public office by reason of membership on the Authority.
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Murray County.
"D. 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.
"E. The powers of the Authority shall include but not be limited to, the power:
(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Murray 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
FRIDAY, FEBRUARY 11, 1966
1559
Murray County which in the judgment of the Authority will be a benefit to the people of said County. The provisions of this clause shall not be construed to limit any other power of the Authority;
(4) To borrow money, to issue notes, bonds, and revenue certificates therefor, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
(5) To contract with Murray 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 Murray 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 Murray County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building. No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;
(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisons may be invested;
(9) To designate officers to sign and act for the Authority generally or in any specific matter;
1560
JOURNAL OF THE HOUSE,
(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated;
"F. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Murray County.
"G. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.
"H. The members of the Authority shall receive no compensa tion for their services of the Authority.
"I. The Authority, with the consent of the governing authority of Murray County and to carry out the 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 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 thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure, or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. 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 governing authority of Murray County is authorized and requir ed to provide the additional funds necessary to make such payment, and for this purpose the said governing authority is authorized to levy an annual tax on all taxable property within the county provid ed such tax shall not exceed two mills.
"J. The governing authority of Murray County is also au thorized in addition to the tax provided in Paragraph I, to ap propriate 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.
FRIDAY, FEBRUARY 11, 1966
1561
"K. 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.
"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Murray County and its citizens, industry, agriculture and trade within the County of Murray, and making long-range plans for such development and expansion and to authorize the use of public funds of Murray 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.
"M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first mem bers of the Authority shall be appointed within thirty days after such proclamation.
"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Murray County, and the scope of its operations shall he limited to the territory embraced within Murray County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Murray County.
"0. 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 Murray 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 amend ed.
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 Murray County Industrial Development Authority
NO ( ) and to provide for powers, authority, funds, purposes and procedures connected therewith?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
1562
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 following amendment was read and adopted:
The Committee on Local Affairs moves to amend HR 289-658 by adding the following language to end of subparagraph C., in Section I:
"The exemptions from taxation herein provided 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:
These voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Barber Barfield Bean Bennett Berry Black Blair Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell
Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Cox Dailey Daugherty Dean DeLong Dickinson Dillon Dixon Dollar
Dorminy Doster Drew Etheridge Evensen Fleming Floyd Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrington Harris, J. F. Harris R. W. Hawkins
FRIDAY, FEBRUARY 11, 1966
1563
Herndon Higginbothani
Holder Hood Houston Howard Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Lambert Lambros Lane Lea, F. R. Lee, W. S. Leonard Lewis Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin Melton Minge
Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L.
Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Peterson Powers Rainey Reaves Reid Richardson Roach Ross Rowland Savage Sherman Sims Simkins Smith, V. T.
Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Bagby Bedgood Blalock Bo wen Cook Crowe Davis Duncan Egan Elliott Farrar Gary Harrell Harris, J. R. Harrison Henderson
Hill Howell Hull Jones, G. Paul Jordan, W. H. Knapp Knight Land Lee, W. J. (Bill)
Levitas Longino Lovett McClatchey McCracken McDaniell Merritt
Parrish Phillips Pickard Rush Russell Shields Smith, A. B. Smith, G. L. II Smith, J. R. Snellings Stewart Thompson, R. Townsend Underwood Ware Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 155, nays 0.
1564
JOURNAL OP THE HOUSE,
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 290-679. By Mr. Herndon of the 74th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Appling County Industrial 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 to be known as the Appling County Industrial Development Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation.
"B. The Authority is created for the purpose of expanding and developing industry in Appling County and for improving the gen eral welfare of said county.
"C. The Authority shall consist of seven (7) members as follows:
(1) The member of the House of Representatives in whose district Appling County is located.
(2) The Chairman of the Board of Commissioners of Roads and Revenues of Appling County.
(3) The Mayor of the City of Baxley.
(4) The President of the Appling Development Corporation.
(5) The President of Surrency Industries, Inc.
(6) The President of Appling Industries, Inc. (7) The President of Jaycees for Progress, Inc.
All such members shall serve by virtue of their office and in the event one of the four designated corporations ceases to be a corporation, the remaining members of the Authority shall appoint a member to serve on the Authority.
Prior to taking office the members shall subscribe to the follow ing oath which shall be filed in the office of the Board of Commis-
FRIDAY, FEBRUARY 11, 1966
1565
sioners of Roads and Revenue of Appling County, Georgia to wit: 'I do solemnly swear that I will fully and fairly perform the duties as a member of the Appling County Industrial Development Au thority, So Help Me God.'
The members of the said Authority shall receive no compensa tion for their services.
"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 'Appling County Industrial Development Authority,' created hereby.
(2) The word 'Project' shall be deemed to mean and include the optioning, leasing and acquisition of lands, properties and improvements for development, expansion and promo tion of industry and 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 corporations.
(3) The term 'cost of project' shall embrace the cost of con struction, cost of lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construc tion, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation; provided, however, that in no event shall enter tainment or promotional expenses be considered a part of the cost of any project.
"E. Any four (4) members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than four (4) affirmative votes.
"F. 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 political sub divisions and with private persons and corporations.
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(3) To acquire, hold, and dispose of real and personal property, including the stock of other corporations for its corporate purposes.
(4) To buy, acquire, receive as gifts, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage as well as execute deeds to secure debt to land, buildings and property of all kinds within the County of Appling.
(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, real property or rights of easements therein or franchises neces sary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to be the best advantage of the Authority.
(7) To encourage and promote the expansion of industry in the County of Appling, and to make long-range plans therefor.
(8) To appoint and select officers, agents, and employees, in cluding engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation.
(9) To make contracts, and to execute all instruments neces sary 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 projects and to pay the costs of any such project from the proceeds of revenue bonds or any other income of the Authority, or from any contributions or loans by per sons, firms, or corporations, 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 Authority and to authorize and empower such officers to act for the Authority generally or in any specific matter.
(12) To issue revenue 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 provisions of the Revenue Bond Law (Ga. Laws 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certifi-
FRIDAY, FEBRUARY 11, 1966
1567
cate Law of 1937 (Ga. Laws 1937, p. 761 et seq., as amend ed), as amended, and as subsequently amended, with reference to the issuance of such revenue bonds 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 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 development in Appling 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 Constitu tion and laws of this State.
(18) 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.
(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 herein upon the Authority.
(21) To adopt, alter or repeal its own by-laws, 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.
"G. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such funds.
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"H. The Authority shall not be allowed to create in any manner any debt, liability or operation, against the State of Georgia, Appling County, nor any municipality in said county.
"I. The obligations and interest on the obligations of the Au thority shall have the same exemptions from taxation as obligations and interest on the obligations of Appling County.
The exemptions from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person or corporation to use of occupy any real estate of the Au thority for a period of five years or longer under any lease or other agreement for the purposes of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as the General Assembly may hereafter provide by general or local law.
"J. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution, shall revert to Appling County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property.
"K. The books and records of the Authority shall be audited at the expense of the Authority, by a competent independent auditor, but not more often than annually. Whenever such audit shall be made, the minutes and records of the same shall be filed with the Clerk of the Board of Commissioners of Roads and Revenue of Appling County.
"L. The rights and powers herein conferred upon the Authority are self executing and no enabling act of the General Assembly shall be necessary."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said paragraph.
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 Appling County Industrial Development Author-
NO ( ) ity and to provide for powers, authority, funds, pur poses and procedures connected therewith?"
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".
FRIDAY, FEBRUARY 11, 1966
1569
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend HR 290-679 by adding the following language to end of subparagraph I, Section 1.
"The exemptions from taxation herein provided 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:
These voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Barber Barfield Bean Bennett Berry Black Blair Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley
Carnes Carr Gates Chandler Clarke, H. G. Clarke, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Cox Dailey Daugherty Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster
Drew Etheridge Evensen Fleming Floyd Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrington Harris, J. F. Harris, R. W. Hawkins Herndon Higginbotham Holder
1570
JOURNAL OF THE HOUSE,
Hood Houston Howard Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Lambert Lambros Lane Lea, F. E. Lee, W. S. Leonard Lewis Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin Melton Minge Mitchell Mixon
Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Peterson Powers Rainey Reaves Reid Richardson Roach Ross Rowland Savage Sherman Sims Simkins Smith, V. T. Smith, W. L.
Snow Spikes Spillers Stalnaker Starnes Steis Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Bagby Bedgood Blalock Bo wen Cook Crowe Da vis Duncan Egan Elliott Farrar Gary Harrell Harris, J. R. Harrison Henderson
Hill Howell Hull Jones, G. Paul Jordan, W. H. Knapp Knight Land Lee, W. J. (Bill) Levitas Longino Lovett McClatchey McCracken McDaniell Merritt Parrish
Phillips Pickard Rush Russell Shields Smith, A. B. Smith, G. L. II Smith, J. R. Snellings Stewart Thompson, R. Townsend Underwood Ware Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 155, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
FRIDAY, FEBRUARY 11, 1966
1571
HR 291-679. By Mr. Roach of the 15th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Cherokee County Development Authority; to provide for powers, au thority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the Constitution of the State of Georgia as hereto fore amended, is hereby further amended by adding at the end of Article VII, Section V, Paragraph I the following paragraphs, to be appropriate ly numbered, which shall read as follows:
"A. There is hereby created a body corporate and politic in Cherokee County to be known as the Cherokee County Development Authority, which shall be an instrumentality of the State of Georgia and Cherokee County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of seven members. The Com missioner of Roads and Revenues for Cherokee County shall appoint two members, the Mayor and Council of the City of Ball Ground shall appoint one member; the Mayor and Council of the City of Canton shall appoint one member; the Mayor and Council of the City of Holly Springs shall appoint one member; the Mayor and Council of the City of Walesca shall appoint one member, and the Mayor and Council of the City of Woodstock shall appoint one member. All members shall serve for four-year terms and may succeed themselves. Said members shall have control, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly, and such additional powers as may be delegated to the Authority by Cherokee County. Members of the Authority shall be residents of Cherokee County. The Authority shall elect a chairman, a vice-chairman and a secretary-treasurer. The secretary-treasurer shall not be required to be a member of the Authority. A majority of the members shall constitute a quorum and a majority may act for the Authority in any manner.;
"C. All property or income the title to which is vested in the Authority and all debentures, notes, bonds and revenue bonds or obligations issued by the Authority shall have the same immunity from taxation within the State of Georgia as property, income and obligations and interest on the obligations of Cherokee County. The exemptions from taxation herein provided shall not include exemp tions from sale and use taxes on property purchased by the Au thority or for use by the Authority.;
"D. The powers of the Authority shall include, but not be limited to, the power:
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JOURNAL OF THE HOUSE,
"(1) To receive and administer gifts, grants and donations and to administer trusts;
"(2) To borrow money, to issue notes, bonds and revenue obligations, to execute trust agreements or indentures, and to sell, convey mortgage, pledge and assign any and all of its funds, prop erty, contract rights and income as security therefor;
"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
"(4) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to 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 Cherokee 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 Cherokee County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the ac quisition of land and the construction thereon of a building, includ ing the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstruct ing, furnishing and equipping of such building;
"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty 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;
FRIDAY, FEBRUARY 11, 1966
1573
"(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, Cherokee County, or the municipalities named herein.
"F. The members of the Authority shall receive no compensation for their services to the Authority;
"G. In order to finance any undertaking within the scope of its power or to refund any bonds or obligations then outstanding, the Authority is hereby authorized to issue bonds bearing a rate or rates of interest and maturing in the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, and the validation shall have the same force and effect as if said obligations had been originally authorized to be issued thereunder. Any prop erty, real or personal, in existence or anticipated, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for the payment of said bonds. 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 prop erty 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 contained herein shall be construed to create a right to compel any exercise of the taxing power of Cherokee County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Cherokee County.
"H. No monies derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expense.
"I. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the municipalities of Ball Ground, Canton, Holly Springs, Walesca, Woodstock and to Cherokee County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in re spect to said property at that time.
"J. The Authority, in exercising the powers in the manner herein granted, is hereby deemed and declared to be a public cor poration and an instrumentality of purely public charity perform ing an essential governmental function in behalf of Cherokee Coun ty. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare, industry and trade within Cherokee County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with
1574
JOURNAL OF THE HOUSE,
reference to the Authority shall be liberally construed for the accomplishment of these purposes.
"K. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty days after such proclamation.
"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 the State of Georgia and Cherokee County and the scope of the operations of the Au thority 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 the limits of Cherokee County."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the NO ( ) Cherokee County Development Authority?"
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 of 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:
FRIDAY, FEBRUARY 11, 1966
1575
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Barber Barfield Bean Bennett Berry Black Blair Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Cox Dailey Daugherty Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster
Drew
Etheridge
Evensen
Fleming
Floyd
Fulford
Funk
Gaissert
Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrington Harris, J. F. Harris, R. W. Hawkins Herndon Higginbotham Holder Hood Houston Howard Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Lambert Lambros Lane Lea, F. R. Lee, W. S. Leonard Lewis Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin Melton Minge Mitchell Mixon
Moore, Don C.
Moore, J. H.
Murphy
NeSmith, J. D.
Nessmith, P.
Newton, A. S.
Newton, D. L.
Odom
Oglesby Otwell Overby Pafford Palmer Paris Parker Peterson Powers Rainey Reaves Reid Richardson Roach Ross Rowland Savage Sherman Sims Simkins Smith, V. T. Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Story Stovall Sullivan Sweat Taylor Thomas Thompson Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells
Westlake
Wiggins
Williams, G. J.
Williams, W. M.
Wilson, J. M.
Wilson, R. W.
Wood
1576
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Alien Bagby Bedgood Blalock Bo wen Cook Crowe Davis Duncan Egan Elliott Farrar Gary Harrell Harris, J. R. Harrison Henderson
Hill Howell Hull Jones, G. Paul Jordan, W. H. Knapp Knight Land Lee, W. J. (Bill) Levitas Longino Lovett McClatchey McCracken McDaniell Merritt Parrish
Phillips Pickard Rush Russell Shields Smith, A. B. Smith, G. L. II Smith, J. R. Snellings Stewart Thompson, R. Townsend Underwood Ware Mr. Speaker
On the adoption of the Resolution, the ayes were 155, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 293-679. By Messrs. Malone, Carley, Vaughn and Palmer of the 117th, Evensen, Westlake, Higginbotham and Bean of the 119th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the governing authority of DeKalb County shall reimburse the munici palities located wholly within DeKalb County for thirty per cent (30%) of the cost of maintaining the police forces of such municipalities; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"At the close of the fiscal year of each municipality located wholly within DeKalb County, the governing authority thereof shall certify to the governing authority of DeKalb County the cost in curred for operating its municipal police force during the immedi ately preceding fiscal year. The governing authority of DeKalb
FRIDAY, FEBRUARY 11, 1966
1577
County shall within sixty (60) days after receiving such certifica tion remit to each respective municipality a sum equivalent to thirty per cent (30%) of the cost of its municipal police force. The gov erning authority of DeKalb County shall have the authority to audit the accounts of each such municipality in order to verify the figures certified to it by each municipality. The governing authority of DeKalb County shall have the authority to withhold any such funds to any municipality until their records may be audited as herein provided. The sums required to be remitted to such munici palities shall be appropriated from the general funds of DeKalb County."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 provide that the governing authority of DeKalb County shall
NO ( ) reimburse the municipalities located wholly within DeKalb County for thirty per cent (30%) of the cost of maintaining the police forces of such municipali ties?"
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:
1578
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Barber Barfield Bean Bennett Berry Black Blair Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Games Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Cox Dailey Daugherty Dean DeLong Dickinson Dillon Dixon Dollar Dorminy
Doster
Drew
Etheridge
Evensen
Fleming
Floyd
Fulford
Funk
Gaissert
Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrington Harris, J. F. Harris, R .W. Hawkins Herndon Higginbotham Holder Hood Houston Howard Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Lambert Lambros Lane Lea, F. R. Lee, W. S. Leonard Lewis Lovell Lowrey Maddox M alone Marshall Matthews, C. Matthews, D. R. Mauldin Melton Minge Mitchell
Mixon
Moore, Don C.
Moore, J. H.
Murphy
NeSmith, J. D.
Nessmith, P.
Newton, A. S.
Newton, D. L.
Odom
Oglesby Otwell Overby Pafford Palmer Paris Parker Peterson Powers Rainey Reaves Reid Richardson Roach Ross Rowland Savage Sherman Sims Simkins Smith, V. T. Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb
Wells
Westlake
Wiggins
Williams, G. J.
Williams, W. M.
Wilson, J. M.
Wilson, R. W.
Wood
FRIDAY, FEBRUARY 11, 1966
1579
Those not voting were Messrs.:
Alien Bagby Bedgood Blalock Bo wen Cook Crowe Davis Duncan Egan Elliott Farrar Gary Harrell Harris, J. R. Harrison Henderson
Hill Howell Hull Jones, G. Paul Jordan, W. H. Knapp Knight Land Lee, W. J. (Bill) Levitas Longino Lovett McClatchey McCracken McDaniell Merritt Parrish
Phillips Pickard Rush Russell Shields Smith, A. B. Smith, G. L. II Smith, J. R. Snellings Stewart Thompson, R. Townsend Underwood Ware Mr. Speaker
On the adoption of the Resolution, the ayes were 155, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 295-682. By Mr. Smith of the 44th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the Board of Education of Pike County and to provide for the appointment of the county school superintendent of Pike County by the board of education thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
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 Pike County shall be composed of five (5) members to be elected as hereinafter provided. For the purposes of electing members of the Board of Education of Pike County, Pike County is divided into five (5) education districts as follows:
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JOURNAL OP THE HOUSE,
"District No. 1. Education District No. 1 shall be composed of all of that territory within Pike County embraced within Geor gia Militia District No. 580 (Zebulon).
"District No. 2. Education District No. 2 shall be composed of all of that territory within Pike County embraced within Geor gia Militia District No. 551 (Meansville) and Georgia Militia Dis trict No. 581 (Springs).
"District No 3. Education District No. 3 shall be composed of all of that territory within Pike County embraced within Geor gia Militia District No. 505 (Concord) and Georgia Militia District No. 1465 (Molena).
"District No. 4. Education District No. 4 shall be composed of all of that territory within Pike County embraced within Georgia Militia District No. 592 (Second).
"District No. 5. Education District No. 5 shall be composed of all of that territory within Pike County embraced within Geor gia Militia District No. 534 (Hollonville) and Georgia Militia Dis trict No. 545 (Driver).
"Candidates must reside within the education district for which they offer as candidates for election to the board. Candidates shall be elected to the board by the voters of the entire county.
"At the general election conducted in 1968, there shall be elected the first members of the Board of Education of Pike County as hereinafter provided for. The candidates elected from Districts Nos. 1 and 2 shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Candidates elected from Districts 3, 4 and 5 at said election shall take office on the first day of January following their election and shall serve for a term of office of two years and until their successors are duly elected and qualified. Thereafter, successors which are elected to the initial members of the Pike County Board of Education shall be elected at the general election which is conducted in that year in which the respective terms of office shall expire and they shall take office on the first day of January following their election and serve for a term of four years and until their successors are duly elected and qualified.
"Vacancies occurring on the board shall be filled by the re maining members of the board electing a successor to serve out the unexpired term of office in which the vacancy shall occur. The Pike County Board of Education created by this amendment shall be subject to all constitutional and statutory provisions relating to county boards of education, except as those provisions shall conflict with the provisions of this amendment.
"The county school superintendent of Pike County serving at the time of the ratification of this amendment shall continue to
FRIDAY, FEBRUARY 11, 1966
1581
serve out the term of office to which he was elected. At the expira tion of his term of office, the Board of Education of Pike County shall appoint the county school superintendent of Pike County and he shall serve at the pleasure of the board."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide for the election of the Board of Education of Pike
NO ( ) County and to provide for the appointment of the county school superintendent of Pike County by the board of education thereof?"
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 Adams Alexander Anderson Barber Barfield
Bean Bennett Berry Black Blair Brackin
Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant
1582
Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Celling, J. F. Collins, M. Colwell, C. Conger Conner Cox Dailey Daugherty Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Etheridge Evensen Fleming Floyd Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrington Harris, J. F. Harris, R. W. Hawkins Herndon
JOURNAL OF THE HOUSE,
Higginbotham Holder Hood Houston Howard Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Lambert Lambros Lane Lea, F. R. Lee, W. S. Leonard Lewis Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin Melton Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris
Parker Peterson Powers Rainey Reaves Reid Richardson Roach Ross Rowland Savage Sherman Sims Simkins Smith, V. T. Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Bagby Bedgood Blalock Bowen
Cook Crowe Davis Duncan Egan
Elliott Farrar Gary Harrell Harris, J. R.
FRIDAY, FEBRUARY 11, 1966
1583
Harrison Henderson Hill Howell Hull Jones, G. Paul Jordan, W. H. Knapp Knight Land Lee, W. J. (Bill) Levitas
Longino Lovett McClatchey McCracken McDaniell Merritt Parrish Phillips Pickard Rush Russell Shields
Smith, A. B. Smith, G. L. II Smith, J. R. Snellings Stewart Thompson, R. Townsend Underwood Ware Mr. Speaker
On the adoption of the Resolution, the ayes were 155, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HB 318. By Messrs. Hull and Snellings of the 104th, DeLong and Sherman of the 105th and Fleming and Simkins of the 106th:
A Bill to be entitled an Act to amend an Act relating to incorporating the Trustees of the Masonic Hall in the City of Augusta, as amended, so as to enlarge the powers of the Trustees with respect to providing a Masonic Hall for the use of certain Masonic institutions; and for other purposes.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 318 as follows:
1. By eliminating from the caption thereof the words "to identify and make certain the Masonic institutions constituting the beneficiaries of the trust."
2. By eliminating Section 1 and substituting in lieu thereof a new section reading as follows:
"Section 1. That Section 3 of the aforesaid Act of December 22, 1827 be amended by eliminating the words 'to an amount not exceeding at any one time the value of one hundred thousand dol lars' and by adding at the end of said Section the following words: 'including the right to build, lease, or otherwise provide a Masonic Hall for the use of the Masonic institutions mentioned in said Act as continued, revived, or lawfully represented by successors there to.' "
3. By eliminating Section 3 thereof and substituting in lieu there of a new section reading as follows:
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JOURNAL OF THE HOUSE,
"Section 3. By eliminating Section 4 of said Amendment to said Act approved February 17, 1877 and substituting in lieu there of a new Section 4 reading as follows:
" 'Section 4. Be it further enacted by the authority aforesaid, "That whenever the Board of Trustees by two-thirds vote of its entire membership shall decide that it is necessary or desirable to repair, rebuild, or enlarge the then existing Masonic Hall or other buildings, or to build or otherwise acquire a new Masonic Hall, and said decision shall have the approval of two-thirds of the Masonic bodies mentioned in said Act as continued, revived or lawfully rep resented by successors thereto and in good standing under the Masonic rules and regulations applicable thereto, then the said Board of Trustees shall have full power and authority to issue bonds, debentures and other obligations for an amount necessary for that purpose, as well as for the purchase of furniture, furnishings and equipment for any such building, which said bonds, debentures or other obligations may be secured by mortgage or otherwise; or, in the discretion of said Trustees, they may acquire, retain and hold the stock and securities of another corporation which is authorized and able to provide the Masonic Hall and facilities for the Masonic institutions as contemplated by this Act as amended.'"
4. By eliminating Section 4 thereof and substituting in lieu there of a new section reading as follows:
"Section 4. Be it further enacted by the authority aforesaid that whenever the Board of Trustees, by two-thirds vote of its entire membership, shall deem it desirable and for the best interest of the Masonic bodies mentioned in said Act as continued, revived or law fully represented by successors thereto and in good standing under the Masonic laws and regulations applicable thereto, that the char ter granted to The Trustees of the Masonic Hall in the City of Augusta, by an Act of the General Assembly of the State of Georgia on December 22, 1827, and amended by an Act of said General Assembly on February 17, 1877, and as amended hereby, be sur rendered to the State and that 'The Trustees of the Masonic Hall in the City of Augusta' be dissolved and its assets distributed prorata among said Masonic bodies; and if such dissolution and liquida tion of assets be recommended by the Board of Trustees to the aforesaid Masonic bodies and be approved by two-thirds of them, each acting in conformity with its By-Laws at a special meeting called for the purpose of considering and acting upon the recom mendation as aforesaid of the Board of Trustees; and if certified copies of said proceedings are then filed in the Office of the Secre tary of State, with payment of such filing fee as may be required by him; the compliance with all of the foregoing provisions of this Section shall constitute a surrender of said charter, as amended, acceptance of such surrender by the State, and thereafter said charter shall be of no further force or effect; the net assets of The Trustees of the Masonic Hall in the City of Augusta shall thereupon be distributed prorata and in final liquidation to the several Ma sonic bodies in said City of Augusta as set forth above."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
FRIDAY, FEBRUARY 11, 1966
1585
On the passage of the Bill, as amended, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 187. By Senators Wesberry of the 37th, Salome of the 26th, 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 541. By Messrs. Fleming and Simkins of the 106th, Hull and Snellings of the 104th and DeLong and Sherman of the 105th:
A Bill to be entitled an Act to amend Code Section 38-1501, relating to the attendance of witnesses and the fees thereof; 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 660. By Mr. Blair and Mrs. Merritt of the 68th: A Bill to be entitled an Act to amend an Act creating the City Court of Americus, as amended, so as to increase the compensation of the judge and solicitor of said court; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
1586
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 661. By Mr. Blair and Mrs. Merritt of the 68th:
A Bill to be entitled an Act to amend an Act creating a system of retire ment for employees of the City of Americus, as amended, so as to change the maximum monthly retirement benefit; and for other purposes.
The following amendment was read and adopted:
Messrs. Blair and Merritt of the 68th move to amend HB 661 as follows:
By striking from the first sentence of the language quoted as Section 13 (a) in Section 1 the figures "150.00" and inserting in lieu thereof the figures "245.00".
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 ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 662. By Mr. Blair and Mrs. Merritt of the 68th:
A Bill to be entitled an Act to amend an Act consolidating the several Acts granting corporate authority to the City of Americus, as amended; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 11, 1966
1587
HB 663. By Mr. Blair and Mrs. Merritt of the 68th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Sumter County upon an annual salary, as amended; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 665. By Messrs. Fleming and Simkins of the 106th, Snellings of the 104th and Sherman and DeLong of the 105th: A Bill to be entitled an Act to amend the Charter of the City of Augusta so as to provide that the effective date on which one or more of the territories described in said charter amendment, shall become a part of the city of Augusta shall be on January 1 of the year follow ing the year in which the said charter amendment of 1953 is ratified by a majority of the voters; and for other purposes.
The report 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 666. By Messrs. Lewis and Newton of the 50th: A Bill to be entitled an Act to amend an Act incorporating the Baptist Church at Buck Head in the County of Burke; and for other purposes.
The report 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.
1588
JOURNAL OP THE HOUSE,
HB 667. By Mr. Black of the 56th:
A Bill to be entitled an Act to fix the compensation of the county treasurer of all counties having a certain population; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 668. By Messrs. Russell and Oglesby of the 92nd:
A Bill to be entitled an Act to amend an Act creating fire protection districts in Thomas County, as amended, so as to include certain addi tional land lots within the boundaries of fire District No. 2; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 669. By Mr. Rush of the 75th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Reidsville, as amended, so as to change the method of compensating the solicitor 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 11, 1966
1589
HB 670. By Mr. Rush of the 75th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the clerk of the superior court of Tattnall 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.
HB 672. By Messrs. Henderson and Wilson of the 102nd, Jordan of the 103rd and Howard of the 101st: A Bill to be entitled an Act to amend an Act providing for the district ing of Cobb County into fire prevention districts, as amended; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 675. By Messrs. Lane and Nessmith of the 64th:
A Bill to be entitled an Act to amend the Act creating a new charter for the City of Statesboro, as amended, so as to change the terms of the mayor and councilmen; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
1590
JOURNAL OP THE HOUSE,
HB 676. By Mr. Dailey of the 66th:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the sheriff of Randolph County, known as the fee system, as amended; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 678. By Mr. Herndon of the 74th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Appling County, as amended, so as to provide that the members of said Board shall be elected from their respective commissioner district rather than by the voters of the entire 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 679. By Mr. Herndon of the 74th:
A Bill to be entitled an Act to amend an Act creating a new charter for the city of Baxley, as amended, so as to provide that the limitation on the power of the City of Baxley to levy and collect taxes shall not affect the levy and collection of certain 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 11, 1966
1591
HB 680. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act incorporating the town of Portal, as amended; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 684. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th and Shields and Thompson of the lllth:
A Bill to be entitled an Act to amend an Act providing that the County of Muscogee shall supplement the salary of the Judges of the Superior Court of the Chattahoochee 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 685. By Mr. Conner of the 91st:
A Bill to be entitled an Act to abolish the present method of compensat ing the tax commissioner of Jeff Davis County, known as the fee sys tem; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
1592
JOURNAL OF THE HOUSE,
HB 686. By Mr. Conner of the 91st:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Jeff Davis 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.
HB 687. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd and Wilson and Henderson of the 102nd:
A Bill to be entitled an Act incorporating the City of Powder Springs so as to change the qualifications ol voters; to extend the City Limits of said City; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 688. By Messrs. Melton and Gaissert of the 34th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Spalding 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.
FRIDAY, FEBRUARY 11, 1966
1593
HB 689. By Messrs. Gaissert and Melton of the 34th:
A Bill to be entitled an Act to abolish the fee system of compensating certain officers of the County of Spalding and the City Court of Grif fin; and for other purposes.
The report 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 690. By Messrs. Gaissert and Melton of the 34th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the Coroner of Spalding County; and for other pur poses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 694. By Messrs. Malone and Carley of the 117th, Vaughn of the 117th, Bean of the 119th and others: A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for DeKalb County, as amended, so as to increase the compensation of the chairman and members of said board; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
1594
JOURNAL OF THE HOUSE,
HB 696. By Messrs. Story and Watson of the 22nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the city of Lawrenceville, Georgia, as amended, by adding additional territories to be included in the city limits of said city; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 697. By Messrs. Story and Watson of the 22nd:
A Bill to be entitled an Act to amend an Act of the General Assembly creating a new charter for the City of Lawrenceville, Georgia, as amended, so as to authorize the mayor and council of the said city to enact an ordinance prohibiting the operation of public billiard rooms and public pool rooms 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 698. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to be entitled an Act to create the Floyd School District by merging the independent school system of the City of Rome and the county school system 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 11, 1966
1595
HB 692. By Messrs. Newton and Matthews of the 94th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Moultrie, as amended, so as to extend the corporate limits of the City of Moultrie; to create a retirement system for the employees of the City of Moultrie; and for other purposes.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 692 as follows:
By striking from Section 1 the following:
"is hereby amended by striking from Section 2 the following:
'thence run in a northerly direction along the east margin of the right of way of the Georgia Northern Railroad 8220 feet, more or less,',
and inserting in lieu thereof the following:
'thence run in a northerly direction along the east margin of the right of way of the Georgia Northern Railroad 2710 feet, thence run north 57 degrees east 1050 feet, thence run north 12 degrees west 200 feet, theence run south 57 degrees west 1050 feet to the east margin of the right of way of the Georgia Northern Railroad, thence in a northerly direction along the east margin of said right of way 5310 feet, more or less,',
so that when so amended Section 2 shall read as follows:", and substituting in lieu thereof the following:
" is hereby amended by striking in its entirety Section 2 and substituting in lieu thereof a new Section 2 to read as follows:".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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:
1596
JOURNAL OF THE HOUSE,
HR 267-571. By Mr. Byrd ol the 28th:
A Resolution authorizing the conveyance of certain real estate located in the City of Monroe in Walton 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 Adams Anderson Barber Barfield Bedgood Bennett Berry Black Blair Brackin Brinkley Brown, B. D. Byrd Caldwell Carnes Gates Chandler Clark, J. T. Collins, M. Conger Cox Dailey Daugherty Davis Dean DeLong Dillon Dollar Doster Drew Duncan Egan Elliott Farrar Floyd Fulford Gaissert
Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Holder Hood Houston Howell Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lee, W. S. Leonard Lewis Lovett Lowrey Malone Matthews, C. Matthews, D. R. Mauldin Melton Merritt
Minge Mixon Moore, Don C. Murphy Nessmith, P. Newton, A. S. Overby Pafford Palmer Paris Parker Peterson Phillips Powers Rainey Reaves Richardson Roach Ross Rush Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan
FRIDAY, FEBRUARY 11, 1966
1597
Taylor Thomas Thompson, A. W. Townsend Tye
Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson
Webb Wells Williams, G. J. Williams, W. M. Wilson, R. W.
Those not voting were Messrs.:
Alexander Alien Bagby Bean Blalock Bo wen Brantley Brown, C. Brown, M. P. Bryant Busbee Carley Carr Clarke, H. G. Collins, J. F. Colwell Conner Cook Crowe Dickinson Dixon Dorminy Etheridge Evensen Fleming
Funk Gary Henderson Higginbotham Hill Howard Hull Irvin Jones, C. M. Jordan, Ben C. Knight Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Levitas Longino
Lovell Maddox Marshall McClatchey McCracken McDaniell
Mitchell Moore, J. H. NeSmith, J. D. Newton, D. L. Odom Oglesby Otwell Parrish Pickard Reid Rowland Russell Smith, A. B. Smith, J. R. Spikes Sweat Thompson, R. Tucker Ware Watkins Westlake Wiggins Wilson, J. M. Wood 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 138. By Messrs. Harrington and Chandler of the 47th and Fulford of the 67th:
A Bill to be entitled an Act to amend an Act so as to provide for the issuance of honorary driver licenses to members and former members of the National Guard who have twenty or more years of creditable service, and for other purposes.
1598
JOURNAL OP THE HOUSE,
The following amendment was read and adopted:
Mr. Bennett of the 95th moves to amend Section No. 1 to read: "and all members or former members of the National Guard and reserve forces who have twenty or more years creditable service therein."
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 voate was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Anderson Barber Bean Bedgood Bennett Berry Black Blair Brackin Brantley Brown, B. D. Brown, C. Byrd Caldwell Carley Carnes Chandler Clark, J. T. Conger Cox Dailey Davis DeLong Dickinson Dillon Dixon Dollar Doster Duncan Egan Elliott Evensen Parrar Floyd Pulford
Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. P. Harrison Herndon Hood Houston Hutchinson Johnson, A. S. Dr. Jordan, Ben C. Knapp Lambros
Lane Lea, P. R. Lee, W. S. Lewis Lovell Maddox Malone Marshall Matthews, C. Merritt Mitchell Moore, Don C. Murphy Nessmith, P. Newton, A. S. Otwell Overby Pafford
Palmer Paris Parker Peterson Phillips Powers Reaves Reid Roach Rush Sherman Shields Sims Smith, G. L. II Smith, V. T. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Thomas Thompson, A. W. Vaughan, D. N. Walling Watkins Watson Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
FRIDAY, FEBRUARY 11, 1966
1599
Those voting in the negative were Messrs.:
Drew Gary
Lee, W. J. (Bill) Stovall
Taylor Webb
Those not voting were Messrs.:
Alexander Alien Bagby Barfield Blalock Bo wen Brinkley Brown, M. P. Bryant Busbee Carr
Gates Clarke, H. G. Collins, J. F. Collins, M. Colwell Conner Cook Crowe
Daugherty Dean Dorminy Etheridge Fleming Funk Gaissert Harris, J. R. Harris, R. W. Hawkins Henderson
Higginbotham Hill Holder Howard Howell Hull Irvin Johnson, B.
Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knight Lambert Land Leonard Levitas Longino Lovett Lowrey Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Minge Mixon Moore, J. H.
NeSmith, J. D. Newton, D. L. Odom Oglesby Parrish Pickard Rainey Richardson Ross Rowland Russell Savage Simkins Smith, A. B. Smith, J. R. Smith, W. L. Spikes Story Sullivan Sweat Thompson, R. Townsend Tucker Tye Underwood
Vaughn, C. R. Ware Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 109, nays 6.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 231. By Messrs. Mitchell and Smith of the 3rd, Ware of the 42nd and Steis of the 100th:
A Bill to be entitled an Act to implement the provisions of an amend ment to the Constitution ratified in 1964 so as to authorize the govern ing authority of every county in this State to collect license fees and taxes from places of business in the unincorporated area of the county, and for other purposes.
1600
JOURNAL OF THE HOUSE,
The following amendments were read and adopted:
Mr. Mitchell of the 3rd moves to amend HB 231 as follows:
By renumbering Section 3 as Section 4 and inserting a new Section 3 to read as follows:
"Section 3. The purposes of this act are strickly regulatory and shall not be construed for any purposes as revenue producing. It is the intent of the General Assembly to provide that the term 'regulatory' as used herein and which is applicable to business
licenses is not to be construed as to be used as a revenue producing measure but shall be used solely for the purpose of regulating such
licensed businesses."
Mr. Mitchell of the 3rd moves to amend HB 231 as follows:
By striking from said Bill wherever it appears the word "taxes" and to correct such Bill in conformity with this amendment.
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.:
Adams Anderson Bennett Berry Black Blair Brackin Brantley Brown, C. Brown, M. P. Byrd Carley Games
Clark, J. T. Collins, J. F. Conger Cox Dailey Daugherty
Davis DeLong
Dickinson Dillon Dixon Dollar Drew Duncan Egan Elliott Fleming Floyd Fulford Gaynor Gignilliat
Grahl Grier Hadaway Hale Hamilton Harrell
Harris, J. R. Harris, R. W.
Harrison Hawkins Henderson Hood Houston Howard Hull Hutchinson Johnson, A. S. Dr. Jordan, Ben C. Kiley Lambros Lea, F. R.
Lee, W. J. (Bill) Lee, W. S. Leonard Lowrey Maddox Malone
Matthews, D. R. McDaniell
Melton Mitchell Newton, D. L. Otwell Palmer Phillips Powers Richardson Roach Ross
FRIDAY, FEBRUARY 11, 1966
1601
Rush Shields Sims Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snow Starnes Steis
Sweat Thompson, A. W. Townsend Tucker Vaughan, D. N. Watkins Watson Webb Wilson, J. M.
Those voting in the negative were Messrs.:
Caldwell Chandler Clarke, H. G. Harrington Herndon Mauldin Murphy
Newton, A. S. Pafford
Paris Parker Reid Sherman Simkins
Stewart Thomas Wiggins Williams, G. J. Williams, W. M.
Those not voting were Messrs.:
Abney Alexander Alien Bagby Barber Barfield Bean Bedgood Blalock Bowen Brinkley Brown, B. D. Bryant Busbee Carr Gates Collins, M. Colwell Conner Cook Crowe Dean Dorminy Doster Etheridge Evensen Farrar Funk Gaissert Gary Harris, J. F.
Higginbotham Hill Holder Howell Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Knapp Knight Lambert Land Lane Levitas Lewis Longino Lovell Lovett Marshall Matthews, C. McClatchey McCracken Merritt Minge Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P.
Odom Oglesby Overby Parrish Peterson Pickard Rainey Reaves Rowland Russell Savage Smith, J. R. Snellings Spikes Spillers Stalnaker Story Stovall Sullivan Taylor Thompson, R. Tye Underwood Vaughn, C. R. Walling Ware Wells Westlake Wilson, R. W. Wood Mr. Speaker
1602
JOURNAL OF THE HOUSE,
On the passage of the Bill, as amended, the ayes were 92, nays 19.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Messrs. Mixon of the 81st, Dean of the 20th, Collins of the 88th, and Lewis of the 50th requested that they be recorded as voting "Nay" on the passage of HB 231.
Mr. Mitchell of the 3rd gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 231.
HB 193. By Messrs. Lowrey of the 13th, Newton of the 94th and others:
A Bill to be entitled an Act to amend Code Chapter 42-2 so as to change the inspection fee upon concentrated commerical feeding- stuffs, and for other purposes.
The Committee substitute was read and withdrawn.
The following amendment was read and adopted:
Mr. Lowrey of the 13th moves to amend HB 193 as follows:
By striking from Section 6 the word "April" and inserting in lieu thereof the word "July".
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, as amended, the roll call was ordered and the vote was as follows:
Abney Adams Anderson Barfield Bean Bedgood Bennett Berry Black Blalock
Brackin Brantley Brinkley Brown, B. D. Brown, C. Bryant Byrd Caldwell Games Carr
Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Cox Dailey
FRIDAY, FEBRUARY 11, 1966
1603
Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Evensen Farrar Floyd Fulford Gaissert Gary Gaynor Gignilliat Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Houston Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, G. Paul
Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambros Lea, F. R. Lee, W. S. Leonard Levitas Lewis Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Paris Parker Peterson Phillips Powers Reaves Reid
Roach Ross Rowland Rush RusselL Savage Sherman Shields Sims Simkins Smith, A. B. Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Townsend Tucker Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs. :
Alexander Alien Bagby Barber Blair Bowen Brown, M. P.
Busbee Carley Conner Cook Crowe Daugherty Etheridge
Fleming Funk Grahl Howard Howell Hull Jones, C. M.
1604
JOURNAL OF THE HOUSE,
Jones, M. Knight Lambert Land Lane Lee, W. J. (Bill) Longino McClatchey
Moore, J. H. Odom Parrish Pickard Rainey Richardson Smith, G. L. II Smith, J. R.
Smith, V. T. Spikes Thompson, R. Tye Underwood Ware Mr. Speaker
On the passage of the Bill, as amended, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Cook of the 123rd requested that he be recorded as voting "Aye" on the passage of HB 193.
By unanimous consent, HB 193 was ordered immediately transmitted to the Senate.
HB 569. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System so as to provide for fixed benefit plans; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Barber Barfield Bedgood Bennett Berry Black
Blair Blalock Brackin Brantley Brown, C. Brown, M. P. Byrd Caldwell
Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F.
FRIDAY, FEBRUARY 11, 1966
1605
Cox Dailey Davis Dean Dickinson Dillon Dixon Doster Drew Duncan Elliott Farrar Fleming Floyd Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hale Harrell Harrington Harris, J. F. Harrison Henderson Herndon Hill Holder Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jordan, Ben C.
Kiley Knapp Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Lovell Lovett Lowrey Maddox Malone Matthews, C. Matthews, D. R. Mauldin McDaniell Melton Merritt Mixon Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Palmer Paris Phillips Powers Rainey Reaves Richardson Roach Ross Rush
Savage Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs. :
Alexander Alien Anderson Bagby Bean Bowen Brinkley Brown, B. D. Bryant Busbee Collins, M. Colwell Conger
Conner Cook Crowe Daugherty DeLong Dollar Dorminy Egan Etheridge Evensen Gary Hamilton Harris, J. R.
Harris, R. W. Hawkins Higginbotham Hood Houston Howard Jones, C. M. Jones, G. Paul
Jones, M. Jordan, W. H. Knight Lambert Land
1606
Lane Levitas Longino Marshall McClatchey McCracken Minge Mitchell Moore, J. H. NeSmith, J. D.
JOURNAL OF THE HOUSE,
Odom Pafford Parker Parrish Peterson Pickard Reid Rowland Russell Smith, J. R.
Spikes Thompson, R. Townsend Underwood Ware Westlake Wiggins Mr. Speaker
On the passage of the Bill, the ayes were 137, nays 0.
The Bill, having received the requisite constitutional majority, was passed,
HB 691. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A BILL
To be entitled an Act to amend an Act providing appropriations for the State Government for the fiscal year 1965-66 and the fiscal year 1966-67, approved March 1, 1965 (Ga. Laws 1965, p. 44), so as to reduce the appropriation for the Governor's Emergency Fund; to increase the appropriation for the State Board of Corrections; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act providing appropriations for the State Government for the fiscal year 1965-66 and the fiscal year 1966-67, approved March 1, 1965 (Ga. Laws 1965, p. 44), is hereby amended by striking from Section 49 the following:
"1966-67
-.--..,,.
$2,000,000.00",
and inserting in lieu thereof the following: "1968-67 .. .............._.______..____....___....._..._._.._.._._.._......_._..___$1,700,000.00".
SECTION 2
Said Act is further amended by striking from Section 17 (A) the following:
"1966-67 ...................,,__._..__.............
.
$4,892,000.00",
FRIDAY, FEBRUARY 11, 1966
1607
and inserting in lieu thereof the following: "1966-67 ..,,__....,,.......-..-...._...-.--..-----.---_-.-_...-.--.$5,192 )000.00
Provided that the $300,000.00 increase in funds appropriated shall be used to implement a 60 hour work week for Correctional officers."
SECTION 3
All laws and parts of laws in conflict with this Act are hereby repealed.
The Speaker resolved the House into the Committee of the Whole to consider HB 691 and HB 664, and the Speaker designated Mr. Blalock of the 33rd as the Chairman thereof.
The Committee of the Whole arose and through its Chairman reported HB 691 and HB 664 back to the House with the recommendation that the same do pass.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Anderson Barber Barfield Bedgood Bennett Black Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, M. P. Byrd Caldwell Carley
Carnes Carr Cates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M.
Colwell Conger Cox Dailey Davis DeLong Dickinson Dillon Dollar Dorminy Doster
Drew Egan Farrar Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hale Hamilton Harrell Harrington Harris, J. F. Harris, R. W.
1608
JOURNAL OF THE HOUSE,
Harrison Hawkins Herndon Hill Holder Hood Howard Hull Hutchinson Irvin Jones, M. Kiley Knapp Lambros Lea, F. R.
Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin
McCracken Melton Merritt Minge Mitchell Mixon Moore, Don C. Murphy
Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Paris Parker Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rowland Rush Russell
Savage Sherman Sims Smith, A. B. Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Story Sullivan Thomas Thompson, A. W. Town send Tucker Tye Vaughan, D. N. Walling Watkins Watson Webb Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien
Bagby Bean Berry Bo wen Brown, C, Bryant Busbee Conner Cook Crowe Daugherty Dean Dixon Duncan Elliott Evensen Hadaway Harris, J. R. Henderson Higginbotham
Houston Howell Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight Lambert Land Lane Longino Lovett McClatchey McDaniell Moore, J. H. NeSmith, J. D. Pafford Palmer Parrish
Pickard Rainey Shields Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Stewart Stovall Sweat Taylor Thompson, R. Underwood Vaughn, C. R. Ware Wells Westlake Wilson, J. W. Mr. Speaker
On the passage of the Bill, the ayes were 141, nays 0.
FRIDAY, FEBRUARY 11, 1966
1609
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 691 was ordered immediately transmitted to the Senate.
HB 664. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A BILL
To be entitled an Act To provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966 and for the fiscal year ending June 30, 1967, in addition to any other appropriations here tofore or hereafter made for the operation of the agency of the State provided for herein; 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 hereby appropriated as supplementary appropriations for the remainder of the fiscal year ending June 30, 1966, and for the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the operation of the agency of the State provided for herein.
SECTION 1
Game and Fish Commission.
1965-66 ------___----______.______________.$300,000.00 1966-67 _____________________________________.----$900,000.00
Provided that the allocations to objects shall be increased by the fol lowing :
Personal Services Operating Expense Capital Outlay
1965-66 $ 40,000.00 $260,000.00
1966-67 $200,000.00 $475,000.00 $225,000.00
SECTION 2
The director of the budget is authorized to make internal transfers within a budget unit between objects and programs subject to the con dition that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds beyond the current biennium.
SECTION 3
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
1610
JOURNAL OF THE HOUSE,
are made in the foregoing Sections of this Act and the General Ap propriations 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 such appropriation made, except authority lease rental funds and other constitutionally obligated funds, as provided by Geor gia 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 economize wherever possible and in the event any part of the ap propriations 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 1965-66 ,,_.,,_,,,,,,,,,,__._,,.._..._--$300,000.00 Total Appropriation 1966-67 _____-.__-____,,______-_._--_------_-.$900,000.00
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.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Barber Barfield Bedgood Bennett Black Blair Blalock Brackin Brantley
Brinkley Brown, B. D. Brown, M. P. Byrd Caldwell
Carley Carnes Carr Gates Chandler Clarke, H. G. Collins, J. F. Collins, M. Colwell Conger Cox Dailey Davis
DeLong Dickinson Dillon Dollar Dorminy
Doster Drew Duncan Egan Farrar Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat
Grahl Grier Hale Hamilton Harrell
FRIDAY, FEBRUARY 11, 1966
1611
Harrington Harris, J. F. Harris, R. W. Harrison Herndon
Holder Hood Howard Hull Hutchinson Irvin Jones, M. Kiley Knapp Lambros Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Leonard Levitas Lewis Lovell Lowrey Maddox Malone Matthews, C. Matthews, D. R. Mauldin
McCracken Melton Merritt Minge Mitchell Mixon Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Paris Parker Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rush Russell Savage
Sims Smith, A. B. Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Story Sullivan Thomas Thompson, A. W. Townsend Tucker Tye Vaughan, D. N. Walling Watkins Watson Webb Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Bagby Bean Berry Bowen Brown, C. Bryant Busbee Clark, J. T. Conner Cook Crowe Daugherty Dean Dixon Elliott Etheridge Evensen
Hadaway Harris, J. R. Hawkins
Henderson Higginbotham
Hill Houston Howell Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight Lambert Land Lane Longino Lovett Marshall
McClatchey McDaniell Moore, J. H. NeSmith, J. D. Pafford Palmer Parrish
Pickard Rainey Rowland Sherman Shields Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Stovall Sweat Taylor Thompson, R. Underwood Vaughn, C. R. Ware Wells Westlake Wilson, J. M. Mr. Speaker
1612
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 137, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 664 was ordered immediately transmitted to the Senate.
By unanimous consent, the Clerk was directed to immediately transmit to the Senate all subsequent Bills passed today.
HB 480. By Mr. Egan of the 141st:
A Bill to be entitled an Act to provide for personal jurisdiction over any non-resident, or his executor or administrator, as to a cause of action arising from the transaction of business within this State, and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to provide for personal jurisdiction over any non-resident, or his executor or administrator, as to a cause of action arising from the transaction of business within this State, or the com mission of a tortious act within this State, or owning, using or possessing real property situated within this State; to provide for the effect of the appearance; to provide for service of process in all such cases; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
A court of this State may exercise personal jurisdiction over any non-resident, or his executor or administrator, as to cause of action arising from any of the acts, ownership, use or possession enumerated in this section, in the same manner as if he were a resident of the State, if in person or through an agent, he:
(a) Transacts any business within this State; or
(b) Commits a tortious act within this State, except as to a cause of action for defamation of character arising from the act; or
(c) Owns, uses or possesses any real property situated within this State.
FRIDAY, FEBRUARY 11, 1966
1613
SECTION 2
Where personal jurisdiction is based solely upon this section, an appearance does not confer such jurisdiction with respect to causes of action not arising from an act enumerated in Section 1 of this Act.
SECTION 3
A person subject to the jurisdiction of the courts of the State under Section 1 of this Act, or his executor or administrator, may be served with a summons without the State, in the same manner as service is made within the State, by any person authorized to make service by the laws of the state, territory, possession or country in which service is made or by any duly qualified attorney, solicitor, barrister, or equivalent in such jurisdiction.
SECTION 4
Venue in cases arising hereunder shall lie in any county wherein business was transacted, the act occurred, or the real property is located.
SECTION 5
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. Egan of the 141st moves to amend HB 480 (Committee substitute) by inserting in Section 4 the word "the" after the word "wherein".
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 Adams Alexander Barfield
Bean Bedgood Bennett Black
Blalock Brackin Brinkley Brown, B. D.
1614
Brown, M. P. Busbee Byrd Caldwell Carley Games Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Cook Cox Dailey Daugherty Davis Dickinson Dillon Dorminy Doster Drew Duncan Egan Elliott Etheridge Evensen Floyd Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hale Hamilton Harrell Harrington Harris, J. F.
JOURNAL OF THE HOUSE,
Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Holder Hood Howard Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, G. Paul Jones, M. Kiley Knapp Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Lovell Lowrey Maddox Malone Matthews, C. Mauldin McCracken Melton Minge Mixon Moore, Don C. Murphy Newton, A. S. Odom Oglesby Overby Pafford Palmer
Paris Parker Phillips Powers Richardson Roach Ross Rowland Rush Russell Savage Sherman Sims Smith, A. B. Smith, G. L. II Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Story Stovall Sullivan Taylor Thomas Thompson, A. W. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Williams, W. M. Wilson, J. M. Wood
Those not voting were Messrs.:
Alien Anderson Bagby Barber Berry Blair Bo wen Brantley Brown, C.
Bryant Conger Conner Crowe Dean DeLong Dixon Dollar Farrar
Fleming Gary Hadaway Henderson Hill Houston Howell Jones, C. M . Jordan, Ben C.
Jordan, W. H. Knight Lambert Lambros Land Leonard Longino Lovett Marshall Matthews, D. R. McClatchey McDaniell Merritt
FRIDAY, FEBRUARY 11, 1966
1615
Mitchell Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, D. L. Otwell Parrish Peterson Pickard Rainey Reaves Reid Shields
Simkins Smith, J. R. Smith, V. T. Spikes Stewart Sweat Thompson, R. Underwood Ware Wiggins Williams, G. J. Wilson, R. W. Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HR 34-48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th. A Resolution proposing an amendment to the Constitution so as to provide a method whereby the manner of election or appointing mem bers of county boards of education and county school superintendents may be changed by local or special law, and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution of Georgia so as to provide a method whereby the manner of electing or appointing mem bers of county boards of education and county school superintendents, their term of office, residence requirements, and method of filling vacancies and the number of members on a county board of education, may be changed by local or special law and local referendum thereon; to provide for board members powers, duties and further qualifications, and superintendents qualifications, powers, duties and compensation to be as provided by law; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Section V of Article VIII of the Constitution is hereby amended by adding thereto a new Paragraph II which shall read as follows:
1616
JOUENAL OF THE HOUSE,
"Paragraph II. Boards of education; change by referendum.-- Notwithstanding provisions contained in Article VIII, Section V, Paragraph I of this Constitution, or in any local constitutional amendment applicable to any county school district, the number of members of a county board of education, their term of office, residence requirements, compensation, manner of election or ap pointment, and the method for filling vacancies occurring on said boards, may hereafter be changed by local or special law conditioned upon approval by a majority of the qualified voters of the county school district voting in a referendum thereon. Members of county boards of education shall have such powers and duties and such further qualifications as may be provided by law."
SECTION 2
Section VI of Article VIII of the Constitution is hereby amended by adding thereto a new Paragraph II, which shall read as follows:
"Paragraph II. County school superintendents; change by referendum. -- Notwithstanding provisions contained in Article VIII, Section VI, Paragraph I of this Constitution, or in any local constitutional amendment applicable to any county school super intendent, the term of office of county school superintendents, their residence requirements, and the method of their election or appoint ment may hereafter be changed by local or special law conditioned upon approval by a majority of the qualified voters of the county school district voting in a referendum thereon. County school super intendents shall have such qualifications, powers, duties and com pensation as may be provided by law."
SECTION 3
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES" ( ) "Shall the Constitution be amended so as to provide a method whereby the manner of electing or ap pointing members of county boards of education and county school superintendents, their term of office,
"NO" ( ) residence requirements, method of filling vacancies, and the number of members on county boards, may be changed by local or special law and local re ferendum thereon, and their qualifications, powers, duties and compensation be as provided by law?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
FRIDAY, FEBRUARY 11, 1966
1617
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 Adams Alexander Anderson Barber Barfield Bean Bedgood Black Blair Blalock Bowen Brackin Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Conger Conner Cook Cox Dailey Daugherty Davis Dean
DeLong Dickinson Dillon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge Evensen Farrar
Fleming Floyd Fulford Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Hill Holder Hood Houston
Howell Hull Hutchinson Johnson, A. S. Dr. Jones, C. M. Jones, G. Paul Jones, M. Knapp Knight Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lovell Maddox Malone Matthews, C. McClatchey Melton Merritt Minge Mitchell Mixon Moore, Don C. Murphy Newton, A. S. Odom Oglesby Otwell Overby Palmer Paris Parker
1618
Parrish Peterson Phillips Powers Reaves Roach Ross Rowland Rush Russell Savage Sherman Sims Simkins Smith, A. B.
JOURNAL OF THE HOUSE,
Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Story Stovall Sullivan Taylor Thomas Thompson, A. W.
Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Williams, W. M. Wood
Those not voting were Messrs.:
Alien Bagby Bennett Berry Brantley Brinkley Chandler Colwell Crowe Dixon Funk Harrington Henderson Higginbotham Howard Irvin Johnson, B.
Jordan, Ben C. Jordan, W. H. Kiley Lambert Land Lane Longino Lovett Lowrey Marshall Matthews, D. R. Mauldin McCracken McDaniell Moore, J. H. NeSmith, J. D. Nessmith, P.
Newton, D. L. Pafford Pickard Rainey Richardson Shields Smith, J. R. Spikes Stewart Sweat Underwood Ware Wiggins Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, by substitute, the ayes were 152, nays 0,
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, by substitute.
HB 146. By Messrs. Smith of the 85th, Smith of the 114th and Drew of the 116th: A Bill to be entitled an Act to amend Code Section 13-9933 which pro hibits the making or delivery of a worthless check so as to provide that whenever the money or property of value is in excess of $50.00 then the crime shall constitute a felony, and for other purposes.
The following Committee amendment was read and adopted:
FRIDAY, FEBRUARY 11, 1966
1619
The Committee on Judiciary moves to amend HB 146 by striking the word "five" in the 6th line of Section 1, "(a) (1)" and inserting in lieu thereof, the word "three".
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.
Adams Barber Bedgood Black Blair Blalock Bo wen Brackin Brown, C. Brown, M. P.
Bryant Busbee Byrd Carnes Carr Clarke, H. G. Clark, J. T. Conner Cox Dailey Davis Dickinson Doster Drew Egan Elliott Fulford Gaissert Gaynor Gignilliat Grahl Grier Hale Harrell Harris, J. F. Harris, R. W.
Harrison Hawkins Henderson Hill Holder Houston Howard Hull Hutchinson Johnson, A. S. Dr. Jones, G. Paul Kiley Knapp Lambert Lambros Lea, F. R. Leonard Lewis Longino Lovell Lowrey Malone Matthews, C. Mauldin McDaniell Melton Merritt Mitchell Mixon Moore, Don C. Murphy Oglesby Otwell Overby Pafford Paris
Parrish Powers Richardson
Roach Ross Rowland Rush Savage Sherman Simkins Smith, A. B. Cmith, J. R. Smith, V. T. Smith, W. L. Snellings Spillers Stain aker Starnes Steis Story Sullivan Thomas Thompson, R.
Town send Tucker
Tye Underwood Walling Watkins Watson Wells Westlake Williams, G. J. Williams, W. M. Wilson, J. M. Wood
Those voting in the negative were Messrs.:
Alexander Anderson Bean
Berry Brown, B. D. Daugherty
Gary Hadaway Harris, J. R.
1620
Herndon Irvin Jones, M. Lee, W. S. Levitas
JOURNAL OF THE HOUSE,
McClatchey Minge NeSmith, J. D. Odom Stovall
Thompson, A. W. Vaughan, D. N. Webb Wiggins
Those not voting were Messrs.:
Abney Alien Bagby Barfield Bennett Brantley Brinkley Caldwell Carley Gates Chandler Collins, J. P. Collins, M. Colwell Conger Cook Crowe Dean DeLong Dillon Dixon Dollar Dorminy Duncan Etheridge
Evensen Parrar Fleming Floyd Punk Hamilton Harrington Higginbotham Hood Howell Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Knight Land Lane Lee, W. J. (Bill) Lovett Maddox Marshall Matthews, D. R. McCracken Moore, J. H. Nessmith, P.
Newton, A. S. Newton, D. L. Palmer Parker Peterson Phillips Pickard Rainey Reaves Reid Russell Shields Sims Smith, G. L. II Snow Spikes Stewart Sweat Taylor Vaughn, C. R. Ware
Wilson, R. W. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 108, nays 23.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 206. By Mr. Hull of the 104th:
A Bill to be entitled an Act to amend an Act relating to insurance so as to delete the requirements of the minimum capital required to be invest ed in cash and in certain type securities and to substitute other re quirements as to the investment of such minimum capital; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
FRIDAY, FEBRUARY 11, 1966
1621
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Barber Bean Bedgood Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Cox Dailey Daugherty Davis Dickinson Dillon
Dollar Doster Drew Egan Elliott Etheridge Evensen Fleming Floyd Fulford Gaissert Gary Gignilliat
Grahl
Hale Hamilton Harrell Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Hill Holder Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Jones, G. Paul Jones, M. Jordan, Ben C.
Kiley Knapp Lambros Lea, F. R. Lee, W, J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Mauldin
McClatchey Melton Merritt Minge Mixon Moore, Don C. Murphy Nessmith, P. Newton, A. S. Odom Oglesby
Otwell Overby Palmer Paris Parker Parrish Powers Reid Richardson Roach Rush Russell
Savage Sherman Sims Simkins Smith, G. L. II Smith, J. R. Smith, W. L. Smith, V. T. Snellings Snow Spillers Stalnaker Starnes Steis Story Stovall Taylor Thomas Thompson, A. W. Thompson, R.
Townsend Tucker
Tye Vaughan, D. N.
Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, W. M.
Wood
1622
JOURNAL OP THE HOUSE,
Those not voting were Messrs.:
Alien Anderson Bagby Barfield Bennett Bowen Brantley Brown, M. P. Chandler Clarke, H. G. Cook Crowe Dean DeLong Dixon Dorming Duncan Farrar Funk Gaynor Grier
Hadaway Harrington Harris, J. F. Henderson Johnson, B. Jones, C. M. Jordan, W. H. Knight Lambert Land Lane Lovett Marshall Matthews, C . Matthews, D. R. McCracken McDaniell Mitchell Moore, J. H. NeSmith, J. D. Newton, D. L.
Pafford Peterson Phillips Pickard Rainey Reaves Ross Rowland Shields Smith, A. B. Spikes Stewart Sullivan Sweat Underwood Ware Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, the ayes were 142, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 36. By Messrs. Murphy of the 26th, Matthews of the 29th, Paris of the 23rd and Overby of the 16th:
A Bill to be entitled an Act to amend Code Title 27, relating to criminal procedure, so as to delete therefrom the requirement that a jury be present in order that an appearance bond or recognizance may be for feited; and for other purposes.
An amendment, offered by Mr. Murphy of the 26th, was read and lost.
The following amendment was read and adopted.
Mr. Wiggins of the 32nd moves to amend HB 36 by adding to Sec tion 2 after the word "record" the following "if known",
Further by adding after the second sentence of Code 27-1401 the following:
"This notice may be served by the sheriff or his lawful deputies."
FRIDAY, FEBRUARY 11, 1966
1623
Further by adding at the end of Code 27-1401 the following:
"The appearance and entering a plea by the accused shall be a waiver of the notice required herein."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P.
Bryant Byrd Caldwell Carley Carnes Carr Gates Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Conger Cook Cox Dailey Daugherty Davis Dickinson Dillon
Dixon Dollar Doster Drew Duncan Elliott Etheridge Evensen Fleming Floyd Fulford Gaissert Gignilliat Grahl Grier Hale Hamilton Harris, J. F. Harris, J. R. Harrison Herndon Hill Holder Hood Houston Hull Hutchinson Johnson, A. S. Dr. Jones, G. Paul Jones, M. Kiley Lambros Lane Lee, W. S. Leonard Lewis Lowrey
Malone Matthews, C. Mauldin McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Murphy Nessmith, P. Odom Oglesby Otwell Overby Palmer Paris Parrish Phillips Powers Reaves Reid Richardson Roach Rowland Rush Russell Savage Sherman Sims Simkins Smith, G. L. II Smith, J. R. Smith, W. L. Snellings Snow
1624
Spikes Spillers Starnes Steis Story Stovall Sullivan Sweat
JOURNAL OF THE HOUSE,
Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling
Watkins Watson Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wood
Those voting in the negative were Messrs.:
Colwell Harris, R. W.
Howard Ross
Those not voting were Messrs.:
Alien Anderson Bean Bowen Busbee Chandler Conner Crowe Dean DeLong Dorminy Egan Farrar Funk Gary Gaynor Hadaway Harrell Harrington Hawkins Henderson Higginbotham
Howell Irvin Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Knapp Knight Lambert Land Lea, F. R. Lee, W. J. (Bill) Levitas Longino Lovell Lovett Maddox Marshall Matthews, D. R. McClatchey McCracken Moore, J. H.
NeSmith, J. D. Newton, A. S. Newton, D. L. Pafford Parker Peterson Pickard Rainey Shields Smith, A. B. Stalnaker Stewart Taylor Thomas Townsend Ware Webb Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 136, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 519. By Messrs. Cajdwell of the 51st, Peterson of the 59th and Doster of the 73rd:
A Bill to be entitled an Act to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, so as to provide that the delinquent payments required to be made into the fund by the clerks shall bear interest; and for other purposes.
FRIDAY, FEBRUARY 11, 1966
1625
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Anderson Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, M. P. Bryant Byrd Caldwell
Carley Carnes Carr Gates Clarke, H. G. Collins, J. F. Collins, M. Colwell Conger Cook Cox Dean Dickinson Dillon Dixon Dollar Doster Drew Egan Elliott Fleming Fulford Gaissert Gaynor Gignilliat Grahl
Grier Hadaway Hale Harrell Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Hill Holder Hood Houston Howell Hull Hutchinson
Irvin Johnson, A. S. Dr.
Johnson, B. Jones, G. Paul Jones, M. Knapp Lambros Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Leonard Levitas Lewis Lovell Lowrey Malone Matthews, C. Mauldin McClatchey Melton Merritt Minge Mitchell
Mixon Moore, Don C.
Murphy NeSmith, J. D.
Nessmith, P.
Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Phillips Powers Reaves Reid Richardson Roach Ross Rowland Rush Russell Sherman Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snow Spikes Spillers Starnes Steis Story Stovall Sullivan
Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker
Tye Vaughan, D. N. Vaughn, C. R.
Walling Watkins
1626
Watson Webb Westlake
JOURNAL OF THE HOUSE,
Wiggins Williams, G. J. Williams, W. M.
Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Alien Bean Bowen Brantley Brown, B. D. Brown, C. Busbee Chandler Clark, J. T. Conner Crowe Dailey Daugherty Davis DeLong Dorminy Duncan Etheridge Evensen Farrar Floyd
Funk Gary Hamilton Harrington Harris, R. W. Henderson Higginbotham Howard Jones, C. M. Jordan, Ben C. Jordan, W. H. Kiley Knight Lambert Land Lane Longino Lovett Maddox Marshall Matthews, D. R. McCracken
McDaniell Moore, J. H. Newton, D. L. Parrish Peterson Pickard Rainey Savage Shields Sims Smith, A. B. Smith, J. R. Snellings Stalnaker Stewart Underwood Ware Wells Wilson, J. M. 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 561. By Messrs. Williams of the 16th and Snellings of the 104th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, 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. Overby of the 16th moved that HB 561 and all amendments pertaining thereto be tabled.
On the motion to table, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Blair Brantley
Brown, M. P. Byrd Carley
Carr Clarke, H. G. Collins, M.
Dean DeLong Dillon Dixon Dorminy Fleming Gaynor Gignilliat Grahl Harrington Harris, J. F. Harris, J. R.
FRIDAY, FEBRUARY 11, 1966
1627
Herndon Johnson, Dr. A. S. Lambros Lewis Mauldin Melton Mixon Newton, A. S. Overby Pafford Rainey Reid
Savage Sherman Spillers Stewart Thomas Tucker Vaughan, D. N. Watkins Webb Williams, W. M. Wood
Those voting in the negative were Messrs.:
Abney Adams Alexander Anderson Barber Bennett Black Blalock Bowen Brackin Brinkley Brown, B. D. Brown, C. Bryant Carnes Gates Chandler Collins, J. F. Colwell Conger Conner Cook Daugherty Davis Dickinson Dollar Doster Drew Egan Etheridge Evensen Floyd
Fulford Funk Gary Grier Hadaway Hamilton Harrell Hawkins Higginbotham Holder Hood Howard Howell Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lovell Lowrey Malone Matthews, C. Matthews, D. R. Merritt Minge Mitchell Moore, J. H. Murphy
NeSmith, J. D. Newton, D. L. Oglesby Palmer Paris Peterson Reaves Richardson Roach Ross Sims Simkins Smith, A. B. Smith, G. L. II
Smith, J. R. Smith, V. T. Snow Spikes Stalnaker Starnes Steis Stovall Sullivan
Sweat Taylor Townsend Ware Wells Westlake Wiggins Williams, G. J, Wilson, R. W.
Those not voting were Messrs.:
Alien Barfield Bean Bedgood
Berry Busbee Caldwell Clark, J. T.
Cox Crowe Dailey Duncaij
1628
Elliott Farrar Gaissert Hale ' Harris, R. W. Harrison Henderson Hill Houston Hull Hutchinson Irvin Jones, M. Jordan, W. H. Kiley Knapp Knight Lambert
JOURNAL OF THE HOUSE,
Land Lane Longino Lovett Maddox Marshall McClatchey McCracken McDaniell Moore, Don C. Nessmith, P. Odom Otwell Parker Parrish Phillips Pickard Powers
Rowland Rush Russell Shields Smith, W. L. Snellings Story Thompson, A. W. Thompson, R. Tye Underwood Vaughn, C. R. Walling Watson Wilson, J. M. Mr. Speaker
On the motion to table, the ayes were 44, nays 96.
The motion was lost.
The following amendment was read:
Mr. Alexander of the 133rd moves to amend HB 561 Section 1 by striking the words "when requested in writing by the defendant or his attorney" at the end of Section 47 (b) (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.
Abney Alexander Bagby Barber Bean Berry Black Blair Blalock Brackin Brown, B. D. Brown, C. Brown, M. P.
Byrd Gates Chandler Conger Cook Daugherty Dean Dixon Dollar Dorminy Doster Etheridge Evensen
Fleming Floyd Fulford Funk Grahl Grier Hadaway Hamilton Harrington Harris, J. R. Harris, R. W,. Hood Howard
FRIDAY, FEBRUARY 11, 1966
1629
Hutchinson Johnson, Dr. A. S. Jones, C. M. Lambros Lea, F. R. Lee, W. S. Levitas Lewis Longino Matthews, C. Mauldin McDaniell
Merritt Moore, Don C. Moore, J. H. Murphy Otwell Paris Powers Rainey Richardson Shields Sims Smith, A. B.
Snow Spikes Steis Sweat Thompson, A. W. Tucker Vaughan, D. N. Wells Wiggins Williams, G. J. Wilson, R. W.
Those voting in the negative were Messrs.:
Adams Bennett Bo wen Brinkley Bryant Carnes Carr Clarke, H. G. Collins, M. Colwell Conner Davis DeLong Dickinson Dillon Drew Egan Gary Gaynor
Gignilliat Harrell Harris, J. F. Herndon Higginbotham Holder Jones, G. Paul Jordan, Ben C. Kiley Lee, W. J. (Bill) Leonard Lovell Lowrey M alone Matthews ?.* Minge Newton, D. L. Oglesby Overby
Peterson Reid Roach Ross Russell Savage Sherman Simkins Smith, J. R. Starnes Stovall Sullivan Taylor Underwood Ware Watkins Williams, W. M. Wilson, J. M. Wood
Those not voting were Messrs.:
Alien Anderson Barfield Bedgood Brantley Busbee Caldwell Carlev darki J. T. Collins, J. F. Cox Crowe Dailey Duncan Elliott Farrar
Gaissert Hale Harrison Hawkins Henderson Hill Houston Howell Hull Irvin Johnson, B. Jones, M. Jordan, W. H. Knapp Knight Lambert
Land Lane Lovett Maddox Marshall McClatchey McCracken Melton Mitchell Mixon NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Pafford Palmer
1630
Parker Parrish Phillips Pickard Reaves Rowland Rush Smith, G. L. II Smith, V. T.
JOURNAL OF THE HOUSE,
Smith, W. L. Snellings Spillers Stalnaker Stewart Story Thomas Thompson, R. Townsend
Tye Vaughn, C. R. Walling Watson Webb Westlake Mr. Speaker
On the adoption of the amendment, the ayes were 74, nays 57.
The amendment was adopted.
The following amendment was read:
"Mr. Murphy of the 26th moves to amend HB 561 by striking from Sec. 1 sub-section 7 the first sentence to-wit:
'If a urine specimen shall be given it shall be taken in the presence of the arresting officer or the officer in whose custody he or she is placed.'
and by striking from Section 1 sub-section C-l, C-2, and C-3 and re numbering the remaining sub-sections accordingly.
By striking from Section 1 sub-section 5 in its entirety."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Anderson Bagby Barber Bean Bedgood Berry Black Blalock
Brackin Brantley
Brown, B. D.
Brown, M. P. Byrd Carley Gates Chandler Clarke, H. G. Collins, J. F. Collins, M. Colwell Conger
Cox Dailey
Daugherty
Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Egan Evensen Fleming
Floyd Fulford
Funk
FRIDAY, FEBRUARY 11, 1966
1631
Gary Gignilliat Grahl Hadaway Harrell Harrington Hawking Henderson Higginbotham Hood Howard Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lowrey
Matthews, C. Mauldin McDaniell Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Pafford Paris Powers Rainey Reid Richardson Roach Ross Savage Shields Sims Smith, A. B. Smith, J. R.
Smith, W. L. Snow Spikes Spillers Starnes Steis Stewart Stovall Sweat Taylor Thomas Thompson, A. W. Townsend Tucker Vaughan, D. N. Wells Westake Wiggins Williams, G. J. Wilson, J. M. Wilson, R. W.
Those voting in the negative were Messrs.:
Bennett Blair Bo wen Brinkley Brown, C. Bryant Carnes Cook Da vis Drew Gaynor Hamilton Harris, J. F. Harris, J. R.
Harris, R. W. Herndon Hutchinson Jordan, Ben C. Kiley Lewis Lovell Matthews, D. R. Merritt NeSmith, J. D. Newton, D. L. Oglesby Overby Palmer
Peterson Russell Sherman Simkins Story Sullivan Underwood Ware Watkins Watson Williams, W. M. Wood
Those not voting were Messrs.:
Abney Alien Barfield Busbee Caldwell Carr Clark, J. T. Conner Crowe Doster Duncan
Elliott Etheridge Farrar Gaissert Grier Hale Harrison Hill Holder Houston Howell
Hull Irvin Jones, M. Jordan, W. H. Knapp Knight Lambert Land Lane Longino Lovett
1632
Maddox Malone Marshall McClatchey McCracken Melton Nessmith, P. Newton, A. S. Odom
JOURNAL OF THE HOUSE,
Otwell Parker Parrish Phillips Pickard Reaves Rowland Rush Smith, G. L. II
Smith, V. T. Snellings Stalnaker Thompson, R. Tye Vaughn, C. R. Walling Webb Mr. Speaker
On the adoption of the amendment, the ayes were 104, nays 40.
The amendment was adopted.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bean Berry Blalock Brantley Brinkley
Brown, C. Carnes Carr Gates Conner Dillon Egan Fleming Floyd Gary Grier Harrell Hawkins Houston
Howard Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Lee, W. J. (Bill) Lee, W. S.
Lowrey Matthews, C. Matthews, D. R. Minge Moore Murphy Newton, D. L. Odom Palmer Paris Peterson Richardson Roach Sherman
Shields Sims Simkins Smith, G. L. II Smith, V. T. Snellings
Spikes Spillers Starnes Steis Stovall Taylor Thompson, A. W. Townsend Watkins Webb Wells
Wiggins
Those voting in the negative were Messrs.:
Alexander Anderson Bagby
Barber Bennett Black
Blair Bowen Brackin
Brown Bryant Busbee Byrd Caldwell Carley Chandler Clarke, H. G. Collins, J. F. Collins, M. Colwell Conger Cook Cox Dailey Daugherty Dean DeLong Dickinson Dixon Dollar Dorminy Doster Drew Etheridge Evensen Fulford Funk Gaynor Gignilliat
FRIDAY, FEBRUARY 11, 1966
1633
Grahl Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Herndon Higginbotham Hill Holder Hood Howell Hutchinson Jones, M. Jordan, Ben C. Kiley Lambros Lea, F. R. Leonard Lewis Longino Lovell Mauldin Merritt Mitchell Mixon Moore, Don C. NeSmith, J. D. Newton, A. S.
Oglesby Otwell Overby Pafford Powers Rainey Reaves Reid Ross Russell Savage Smith, A. B. Smith, J. R. Snow Stalnaker Stewart Story Sullivan Sweat Thomas Tucker Underwood Vaughan, D. N. Ware Watson Westlake Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs. :
Abney Alien Barfield Bedgood Brown, M. P. Clark, J. T. Crowe Davis Duncan Elliott Farrar Gaissert Hale Harrison Henderson Hull
Irvin Jones, M. Jordan, W. H. Knapp Knight Lambert Land Lane Levitas Lovett Maddox Malone Marshall McClatchey McCracken McDaniell
Melton Nessmith, P. Parker Parrish Phillips Pickard Rowland Rush Smith, W. L. Thompson, R. Tye Vaughn, C. R. Walling Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 58, nays 99.
The Bill, having failed to receive the requisite constitutional majority, was lost.
1634
JOURNAL OF THE HOUSE,
Messrs. Henderson of the 102nd and McDaniell of the 101st requested that the Journal record them voting "aye" on HB 561, as amended.
HB 558. By Messrs. Harris of the 85th, Gignilliat of the 113th, Powers of the 113th and others:
A Bill to be entitled an Act to repeal Code Section 26-7302, relating to hotel keepers on beaches keeping lifeboats and other related items; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Barber Bean Bedgood Berry Blalock Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Collins, J. F. Colwell Cox Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dorminy Doster
Drew Etheridge Evensen Fleming Floyd Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. R. Harris, R. W. Hawkins Henderson Herndon Higginbotham Holder Houston Hull Hutchinson Johnson, A. S. Dr. Johnson, B. Jones, G. Paul Jordan, Ben C. Kiley Lambros Lane
Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lovell Lowrey Maddox Malone Matthews, C. Mauldin McDaniell Minge Mixon Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Overby Pafford Palmer Paris Parker Powers Reid Richardson Ross Savage Sherman
Sims Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Snellings Spikes Spillers Starnes
FRIDAY, FEBRUARY 11, 1966
1635
Steis Story Sweat Thomas Thompson, A. W. Tucker Tye Ware Watkins
Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wood
Those not voting were Messrs.:
Abney Alien Bagby Barfield Bennett Black Blair Bowen Brackin Brantley Brinkley Brown, B. D. Caldwell Clark, J. T. Collins, M. Conger Conner Cook Crowe Dailey Dollar Duncan Egan Elliott Farrar Fulford Funk Gaissert
Hale Harris, J. F. Harrison Hill Hood Howard Howell Irvin
Jones, C. M. Jones, M. Jordan, W. H. Knapp Knight Lambert Land Leonard Longino Lovett Marshall Matthews, D. R. McClatchey McCracken Melton Merritt Mitchell Moore, Don C. Nessmith, P. Newton, D. L.
Otwell Parrish Peterson Phillips Pickard Rainey
Reaves Roach Rowland Rush Russell Shields Smith, J. R. Smith, W. L. Snow Stalnaker Stewart Stovall Sullivan Taylor Thompson, R. Town send Underwood Vaughan, D. N. Vaughn, C. R. Walling Wilson, R. W. Mr. Speaker
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 301. By Mr. Conger of the 89th:
A Bill to be entitled an Act to amend Code Title 3, known as "The Banking Law of Georgia", so as to provide for the establishment and operation of banking facilities as an expansion or extension of existing facilities, and for other purposes.
1636
JOURNAL OF THE HOUSE,
The following amendments were read and adopted:
Mr. Conger of the 89th moves to amend HB 301, as follows:
By striking Section 4 in its entirety and substituting a new Section 4, to read as follows:
Section 4. Said Code Title is further amended by striking Code Section 13-1005 of Code Chapter 13-10, relating to the examination and certification by the Superintendent of Banks of amendments to bank charters, in its entirety and substituting in lieu thereof a new Code Section 13-1005, to read as follows:
"13-1005. Examination By and Certificate of Superintendent.-- When such application for amendment shall have been referred to the Superintendent of Banks, the said Superintendent shall im mediately investigate, either through himself or some person ap pointed by him, and shall satisfy himself that such amendment is proper and has been duly authorized by proper corporate action, and in case said application is for the increase of the capital stock, that the amount of such additional capital has been paid in, in cash, except where surplus is capitalized, and in case said application is for the establishment of a stock option plan, that there is suf ficient authorized stock reserve only to be issued upon cash being paid in for such stock, and in case said application is for the reduction of the capital stock, that the method by which such reduction is accomplished is proper and fair to all the stockholders, and that the capital stock is not reduced below the amount required by law for such bank, and shall consider all other facts and circumstances relating to the proposed amendment as in the judg ment of the Superintendent shall be relevant and in the public interest, necessary and desirable. The Superintendent of Banks, in making the examination and investigation, is authorized to exercise his judgment in his consideration of the amendment until he has ascertained that all the requirements of law have been fulfilled. If so satisified, the Superintendent of Banks shall, within thirty (30) days after the application for amendment shall have been filed with him for examination, issue under his hand and official seal a certificate approving the amendment to the charter of such bank, and shall transmit a copy of such certificate to the Secretary of State, who shall enter the same of record in his office. The said Superintendent shall also keep of file a duplicate of said certificate in his own office. If the Superintendent shall not be satisfied that the amendment as proposed is expedient and desirable, or that the law for such cases made and provided has been fully complied with, or, if the said amendment is for the increase of the capital stock, that the said increase has not been paid in, as herein provided, he shall, within thirty (30) days after the filing of the copy of said application for amendment with him, notify the Sec retary of State that he refuses to approve the amendment to the charter, and no amendment shall in that event be granted by the Secretary of State."
FRIDAY, FEBRUARY 11, 1966
1637
Mr. Conger of the 89th moves to amend HB 301, as follows:
By striking Section 5 in its entirety and substituting a new Section 5, to read as follows:
Section 5. Said Code Title is further amended by striking Code Section 13-1009, as amended, of Code Chapter 13-10, relating to increase of capital stock offered to stockholders, in its entirety and substituting in lieu thereof a new Code Section 13-1009, to read as follows:
"13-1009. Increase offered to stockholders.--When the capital stock of any bank shall be increased, the additional stock shall be offered to the stockholders of record at the time of such increase pro rata, and if any such stock shall not be subscribed for or taken by such original stockholders, the same shall then be offered to the public upon such terms as may be fixed by the Board of Directors subject to the approval of the Superintendent of Banks: Provided, that no stock shall ever be sold for less than par and that no subscription shall be payable in anything except cash: Provided, however, that the payment of such increase of capital stock may be made in the manner set forth in Section 13-908, providing for the payment of original capital of such bank: Provided further, however, that capital stock may be issued without first being offered to the stockholders of record or the public, if such stock, with the prior approval of the Superintendent of Banks and the holders of two-thirds (2/3) of the issued and outstanding stock, is exchanged for substantially all of the properties of another bank or corporation (which properties may be received subject to liabili ties of such other bank or corporation), but upon the issuance of such stock there shall be paid in, or transferred from the bank's surplus or undivided profits, additional capital equal to the par value of such stock, and nothing in this proviso shall permit the acquisition by banks of properties which are otherwise not permitted to be owned by banks, or the establishment of bank branches, offices, or facilities not otherwise permitted to be owned or operated by banks: Provided further, however, that capital stock may be issued without first being offered to stockholders of record pro rata with the prior approval of the Superintendent of Banks and when and if the holders of two-thirds (2/3) of the issued and outstanding stock vote their approval of waiving the pre-emptive rights of stockholders."
Mr. Conger of the 89th moves to amend HB 301 by striking in its entirety sub-section "C" of Section 2 (on page 3) of said HB 301.
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 orr'ereJ and the 'vote was as follows:
1638
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Abney Adams Alexander Barber Barfield Bean Bennett Black Blair Blalock Brantley Brinkley Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Games Carr Chandler Clarke, H. G. Collins, J. P. Collins, M. Conger Conner Dailey Daugherty Davis DeLong Dickinson Dixon Dollar Dorminy Doster Drew Egan Evensen Fleming Floyd Fulford Gaissert Gary Gaynor Gignilliat Grahl
Grier Hadaway Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howard Hull Hutchinson Johnson, B. Jones, C. M. Jones, G. Paul Kiley Knapp Lambros Lane Lea, F. R. Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey M alone Matthews, C. McClatchey McDaniell Melton Merritt Mixon Moore, Don C. NeSmith, J. D. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Palmer
Paris Peterson Powers Reaves Reid Richardson Russell Savage Sherman Sims Simkins Smith, A. B. Smith, G. L. 11 Smith, V. T. Smith, W. L Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart
Story Stovall Sullivan Sweat Taylor Thompson, A. \V Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Ware Watkins Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Johnson, A. S. Dr.
Moore, J. H.
Ross
FRIDAY, FEBRUARY 11, 1966
1639
Those not voting were Messrs.:
Alien Anderson Bagby Bedgood Berry Bowen Brackin Brown, B. D. Gates Clark, J. T. Colwell Cook Cox Crowe Dean Dillon Duncan Elliott Etheridge Farrar Funk
Hale Hamilton Harrison Houston Howell Irvin Jones, M. Jordan, Ben C. Jordan, W. H. Knight Lambert Land Lee, W. J. (Bill) Lovett Maddox Marshall Matthews, D. R. Mauldin McCracken Minge Mitchell
Murphy Nessmith, P. Odom Pafford Parker Parrish Phillips Pickard Rainey Roach Rowland Rush Shields Smith, J. R. Thomas Thompson, R. Walling Williams, G. J. Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 139, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 270. By Mr. Overby of the 16th:
A Bill to be entitled an Act to amend an Act relating to eminent do main so as to provide a method of service upon non-residents who own the property condemned, and for other purposes.
The following amendment was read and adopted:
Mr. Overby of the 16th moves to amend HB 270, as follows:
By striking from the second sentence of the new Section 16(b) as provided in Section 1 the words "sheriff of the county" and inserting in lieu thereof the words "clerk of the superior court for the county" and by striking from the next to the last sentence of the first paragraph of such new Section 16(b) the word "sheriff" and inserting in lieu thereof the word "clerk".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
1640
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 Adams Alexander Anderson Bagby Barber Bean Bedgood Blair Blalock Brown, B. D. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G. Collins, M. Conger Conner
Cox
Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Drew Egan
Evensen
Fleming
Floyd
Fulford
Gaissert
Gary
Gignilliat
Grahl
Grier
Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Henderson Herndon Higginbotham Hill Holder Howell Hull Hutchinson Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jordan, Ben C. Knapp Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin Melton
Minge
Mitchell
Mixon
Moore, Don C.
Moore, J. H.
Murphy
NeSmith, J. D.
Newton, A. S.
Newton, D. L.
Odom Otwell Overby Pafford Palmer Paris Powers Reid Richardson Ross Savage Sherman Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Townsend Tucker Tye Underwood Vaughan, D. N. Ware Watkins
Watson
Webb
Wells
Westlake
Wiggins
Williams, G. J.
Williams, W. M.
Wilson, R. W.
Wood
FRIDAY, FEBRUARY 11, 1966
1641
Those not voting were Messrs.:
Alien Barfield Bennett Berry Black Bowen Brackin Brantley Brinkley
Brown, C. Clark, J. T. Collins, J. F. Colwell Cook Crowe Dailey Doster Duncan Elliott Etheridge Farrar Funk
Gaynor Hale Harrison Hood Houston Howard Irvin Jones, G. Paul Jones, M.
Jordan, W. H. Kiley Knight Lambert Land Longino Lovell Lovett McClatchey McCracken McDaniell Merritt Nessmith, P.
Oglesby Parker Parrish Peterson Phillips Pickard Rainey Reaves Roach
Rowland Rush Russell Shields Smith, A. B. Smith, J. R. Stalnaker Sullivan Thompson, R. Vaughn, C. R. Walling Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 272. By Mr. Overby of the 16th:
A Bill to be entitled an Act to amend an Act relating to the power of eminent domain so as to provide a method of service upon non-residents who own the property condemned, and for other purposes.
The following amendment was read and adopted:
Mr. Overby of the 16th moves to amend HB 272, as follows:
By striking from the second sentence of the new Section 10 (c) as provided in Section 1 the words "sheriff of the county" and inserting in lieu thereof the words "clerk of the superior court for the county" and by striking from the next to the last sentence of the 1st paragraph of such new Section 10 (c) the word "sheriff" and inserting in lieu thereof the word "clerk".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
1642
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.
Anderson Barber Bean Bedgood Berry Blalock Brackin Brinkley Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Carnes Carr Chandler Clarke, H. G. Collins, J. F. Conger Cox Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Drew Etheridge Evensen Fleming Floyd Gaissert Gaynor Gignilliat
Grahl Grier Hadaway Hamilton Harrell Harrington
Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Henderson Herndon Higginbotham Holder Hood Howard Howell Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, G. Paul Jordan, Ben C. Kiley Knapp Lambros Lea, F. R. Lee, W. S. Levitas Lewis Lovell Lowrey Malone Matthews, C. Matthews, D. R. Mauldin Melton Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford Palmer
Paris Parker Powers Reid Richardson Roach Ross Savage Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Tucker Tye Vaughan, D. N. Ware Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wood
Those not voting were Messrs.:
Abney Adams Alexander
Alien Bagby Barfield
Bennett Black Blair
Bowen Brantley Brown, B. D. Caldwell Gates Clark, J. T. Collins, M. Colwell Conner Cook Crowe Dailey Doster Duncan Egan Elliott Farrar Fulford Funk Gary Hale Harrison
FRIDAY, FEBRUARY 11, 1966
1643
Hill Houston Hull Jones, C. M. Jones, M. Jordan, W. H. Knight Lambert Land Lane Lee, W. J. (Bill) Leonard Longino Lovett Maddox Marshall McClatchey McCracken McDaniell Merritt Mitchell Nessmith, P.
Oglesby Parrish Peterson Phillips Pickard Rainey Reaves Rowland Rush Russell Smith, J. R. Stalnaker Sullivan Thompson, R. Townsend Underwood Vaughn, C. R. Walling Wilson, J. M. Wilson, R. W. 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 273. By Mr. Overby of the 16th:
A Bill to be entitled an Act to amend Code Chapter 36-11 relating to eminent domain so as to provide a method of service upon on-residents who own the property condemned, and for other purposes.
The following amendment was read and adopted:
Mr. Overby of the 16th moves to amend HB 273, as follows:
By striking from the second sentence of the new Code Section 361120 as provided in Section 2 the words "sheriff of the county" and inserting in lieu thereof the words "clerk of the superior court for the county" and by striking from the next to the last sentence of such first paragraph of Code Section 36-1120 the word "sheriff" and inserting in lieu thereof the word "clerk".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
1644
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 Adams Anderson Barber Bean Berry Blair Blalock Brackin Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Carnes Carr Cates Chandler Clarke, H. G. Collins, J. F. Conger Cox Daugherty Davis Dean DeLong Dickinson Dillon Dixion Dollar Dorminy Doster Drew Evensen Fleming Floyd Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway
Harrell Harrington Harris, J. F. Harris, J. R. Harris R. W. Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howell Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, G. Paul Kiley Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lovell Lowrey Malone Matthews, C. Mauldin Melton Minge Mitchell Mixon Moore, Don C. Moore, J. H.
Murphy NeSmith, J. D. Odom Oglesby Otwell Overby Pafford Palmer
Paris Parrish Peterson Powers Reid Richardson Roach Ross Rowland Savage Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Tucker Tye Vaughan, D. N. Ware Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Alien Bagby
Barfield Bedgood Bennett
Black Bowen Brantley
Brinkley Brown, B. D. Caldwell Clark, J. T. Collins, M. Colwell Conner Cook Crowe Dailey Dunean Egan Elliott Etheridge Farrar Fulford Funk Hale Hamilton Harrison Houston
FRIDAY, FEBRUARY 11, 1966
1645
Howard Hull Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Knapp Knight Lambert Land Lane Leonard Longino Lovett Maddox Marshall Matthews, D. R. McClatchey McCracken McDaniell Merritt
Nessmith, P. Newton, A. S. Newton, D. L. Parker Phillips Pickard Rainey Reaves Rush Russell Smith, J. R. Smith, V. T. Sullivan Thompson, R. Townsend Underwood Vaughn, C. R. Walling Watkins Wilson, J. M. 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.
HB 509. By Messrs. Smith of the 3rd, Steis of the 100th, Jones of the 112th, Hawkins of the 139th and others:
A Bill to be entitled an Act to be known as the "Water Resources and Planning Act"; to provide a statement of policy and the intent of said Act; and for other purposes.
Mr. Lewis of the 50th asked unanimous consent that further action on HB 509 be postponed until Monday, February 14th, and consent was granted.
By unanimous consent, further consideration of the above Bill was postponed until Monday, February 14, 1966.
Under the general order of business established by the Committee on Rules, the following Bill and Resolution of the House were again taken up for considera tion and read:
HB 560. By Messrs. Newton of the 94th, Marshall of the 39th and Lowrey of the 13th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Biological Permit Act" by striking the entire Act and enacting a new
1646
JOURNAL OF THE HOUSE,
Act to be known as "The Georgia Biologicals Permit Act of 1966", and for other purposes.
By unanimous consent, further consideration of HB 560 was postponed until February 14, 1966.
HR 166-371. By Messrs. Richardson of the 116th, Smith of the 3rd and Jones of the 109th:
A Resolution proposing an amendment to the Constitution so as to provide that a person shall be entitled to register and vote at any election by the people under certain conditions; and for other purposes.
Mr. Leonard of the 3rd moved that HR 166-371 and all amendments thereto be tabled.
On the motion to table, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Anderson Barfield Black Blalock Bowen Brackin Brown, M. P. Byrd Carr Collins, J. F. Collins, M. Colwell Daugherty Davis Dickinson Dorminy Doster Evensen Fleming Floyd Gaissert Grahl Hadaway Harrington Harris, J. F.
Henderson Herndon Hill Holder Howard Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Lane Lee, W. S. Leonard Lewis Longino Lovell Lowrey Mauldin McDaniell Melton Merritt Mitchell Mixon Moore, Don C. Moore, J. H. NeSmith, J. D.
Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Pafford Parker Peterson Rainey Reaves Ross Savage Smith, A. B. Smith, J. R. Spillers Stewart Stovall Sullivan Thomas Vaughan, D. N. Watkins Webb Wilson, J. M. Wilson, R. W.
Those voting in the negative were Messrs.:
Adams Alexander Barber
Bean Berry Blair
Brinkley Brown, B. D. Brown, C.
Bryant Busbee Carley Games Gates Clarke, H. G. Conger Cook DeLong Dillon Dixon Dollar Drew Egan Elliott Etheridge Fulford Gary Gignilliat Grier Hamilton Harris, J. R. Harris, R. W. Hawkins
FRIDAY, FEBRUARY 11, 1966
1647
Higginbotham Hood Houston Jones, C. M. Jones, G. Paul Jones, M. Knapp Lambros Lea, F. R. Levitas Malone Matthews, D. R. McClatchey Minge Murphy Oglesby Overby Palmer Paris Powers Reid Richardson Roach Sherman
Sims Simkins Smith, V. T. Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Steis Story Sweat Thompson, A. W. Thompson, R. Townsend Tucker Underwood Walling Watson Wiggins Williams, G. J. Williams, W. M.
Those not voting were Messrs.:
Abney Alien Bagby Bedgood Bennett Brantley Caldwell Chandler Clark, J. T. Conner Cox Crowe Dailey Dean Duncan Farrar Funk
Gaynor Hale Harrell Harrison Howell Hull Jordan, Ben C. Jordan, W. H. Kiley Knight Lambert Land Lee, W. J. (Bill) Lovett Maddox Marshall Matthews, C.
McCracken Parrish Phillips Pickard Rowland Rush Russell Shields Smith, G. L. II Taylor Tye Vaughn, C. R. Ware Wells Westlake Wood Mr. Speaker
On the motion to table, the ayes were 74, nays 79.
The motion was lost.
The following substitute was read:
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JOURNAL OF THE HOUSE,
Floor Substitute to HR 166-371.
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that a person shall be entitled to register and vote at any election by the people if he has resided in this State at least one year immediately preceding the election in which he seeks to vote, and shall have resided in the county in which he offers to vote in such election at least six (6) months immediately preceding such election, except that the General Assembly may provide shorter periods of state and county residence for persons to be allowed to vote for presidential and vice-presidential electors and shorter periods of county residence for persons to be allowed to vote for Governor and Lieutenant Governor; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Constitution of Georgia is hereby amended by strik ing Article II, Section I, Paragraph III and inserting in lieu thereof a new Paragraph III to read as follows:
"Paragraph III. WHO ENTITLED TO REGISTER AND VOTE. To entitle a person to register and vote at any election by the people, he shall have resided in the State at least one year immediately preceding the election in which he seeks to vote and in the county in which he offers to vote in such election at least six (6) months immediately preceding such election, except that the General Assembly may provide, by general law, shorter periods of State and county residence for persons to register and vote for presidential and vice-presidential electors when such persons are not eligible to vote for them elsewhere, and may provide, by general law, shorter periods of county residence for persons to register and vote for Governor and Lieutenant Governor when such persons are not eligible to vote for them elsewhere."
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 submitted the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to allow the General Assembly to set different
NO ( ) residence requirements for persons to be eligible to vote in national elections and State elections?"
FRIDAY, FEBRUARY 11, 1966
1649
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 amendment to the substitute was read:
"Mr. Bagby of the 21st moves to amend the floor substitute to HR 166-371 by adding a new section to be properly numbered and to be included in said resolu tion immediately before the repealing clause, to read as follows:
'That upon the passage of this Act all votes cast in a precinct shall be counted in said precinct'."
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 Bagby Barber Bennett Black Blalock Bowen Brackin Brantley Byrd Caldwell Carr Clarke, H, G. Collins, J. F. Collins, M. Colwell Conger Dailey Daugherty Dickinson Dollar Dorminy Doster Floyd
Fulford Grahl Harrington Oglesby Henderson Herndon Hill Howard Hutchinson Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Lane Lee, W. S. Leonard Lewis Maddox Matthews, D. R. Mauldin McDaniell Melton Mitchell
Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford Parker Peterson Rainey Reaves Reid Roach Ross Russell Savage Smith, A. B. Smith, J. R. Spillers Stalnaker Steis
1650
Story Stovall Sullivan Thomas
JOURNAL OF THE HOUSE,
Underwood Watkins Webb Williams, W. M.
Wilson, J. M. Wilson, R. W.
Those voting in the negative were Messrs.
Adams Alexander Bean Berry Blair Brinkley Brown, B. D. Brown, C. Bryant Carley Carnes Gates Cook
Davis DeLong Dillon Drew Egan Elliott Etheridge
Evensen Fleming Grier Hamilton Harris, J. F. Harris, J. R. Hawkins Higginbotham Hood Irvin Jones, M. Lambros Lea, F. R. Levitas Lovell Lowrey Malone Matthews, C. McClatchey Moore, J. H.
Palmer Paris Powers Richardson Sherman Sims Simkins Smith, V. T. Smith, W. L. Snellings Snow Spikes Starnes Thompson, R. Townsend Tucker Vaughan, D. N. Walling Westlake Wiggins
Those not voting were Messrs.:
Abney Alien Barfield Bedgood Brown, M. P. Busbee Chandler Clark, J. T. Conner Cox Crowe Dean Dixon Duncan Farrar Funk Gaissert Gary Gaynor Gignilliat Hadaway
Hale Harrell Harris, R. W. Harrison
Holder Houston Howell Hull Jordan, W. H. Kiley Knapp Knight Lambert Land Lee, W, J, (Bill) Longino Lovett Marshall McCracken Merritt Minge
Nessmith, P. Parrish Phillips Pickard Rowland Rush Shields Smith, G. L. II Stewart Sweat Taylor Thompson, A. W. Tye Vaughn, C. R. Ware Watson Wells Williams, G. J. Wood Mr. Speaker
On the adoption of the amendment, the ayes were 82, nays 60.
FRIDAY, FEBRUARY 11, 1966
1651
The amendment was adopted.
The substitute, as amended, was adopted.
Mr. Floyd of the 7th moved that HR 166-371 and all amendments thereof 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.:
Adams Alexander Bean Bedgood Bennett Berry
Black Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Carnes Collins, J. F. Colwell Conger Daugherty Davis Dickinson Dillon Dixon Dollar Dorminy Doster Drew Egan Elliott Etheridge Evensen Floyd
Fulford Gary Grahl Harrell Harrington Harris, J. F. Harris, R. W. Harrison Hawkins Herndon Higginbotham Hill Hood Howell Hutchinson Irvin Johnson, A. S. Dr. Jones, C. M. Jones, G. Paul Jones, M. Kiley
Knapp Lambros Lea, F. R. Lee, W. S. Lewis Longino Lovell Lowrey Matthews, C. Matthews, D. R. Melton Merritt Minge Mixon Moore, Don C. Moore, J. H.
NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Otwell Overby Paris Parker Peterson Rainey Reid Richardson Roach Ross Rush Savage Shields Sims Smith, J. R. Smith, V. T. Smith, W. L. Snow Spillers Starnes Stewart Sullivan Sweat Townsend Vaughan, D. N. Walling Watkins Wells Westlake Wiggins Wilson, R. W.
1652
JOURNAL OP THE HOUSE,
Those voting in the negative were Messrs.
Anderson Barber Bo wen Caldwell Carr Gates Chandler Clarke, H. G. Collins, M. Cook DeLong Gaissert Hadaway Hamilton Harris, J. R. Henderson
Houston Howard Johnson, B. Jordan, Ben C. Leonard Levitas Mauldin McDaniell Mitchell Murphy Oglesby Powers Reaves Russell Sherman Simkins
Smith, A. B. Smith, G. L. II Snellings Spikes Steis Story Stovall Taylor Thompson, A. W. Thompson, R. Tucker Ware Webb Williams, G. J. Williams, W. M. Wilson, J. M.
Those not voting were Messrs.:
Abney Alien Bagby Barfield Clark, J. T. Conner Cox Crowe Dailey Dean Duncan Parrar Fleming Punk Gaynor Gignilliat
Grier Hale Holder Hull Jordan, W. H. Knight Lambert Land Lane Lee, W. J. (Bill) Lovett Maddox M alone Marshall McClatchey McCracken
Nessrnith, P. Pafford Palmer Parrish Phillips Pickard Rowland Stalnaker Thomas Tye Underwood Vaughn, C. R. Watson Wood Mr. Speaker
On the motion to table, the ayes were 109, nays 48.
The motion prevailed, and HR 166-371 was placed on the table.
Mr. Lewis of the 50th moved that the House do now adjourn until 9:30 o'clock Monday morning and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock Monday morning.
MONDAY, FEBRUARY 14, 1966
1653
Representative Hall, Atlanta, Georgia Monday, February 14, 1966
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 L. Selman, Pastor First Baptist Church, Cuthbert, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, 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.
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 14, 1966, and submits the following:
HB
33. County officers, Grand Jury indictment
HB 244. Appellate Procedure, new trial
1654
JOURNAL OF THE HOUSE,
HB 245. Workmen's compensation, amend
HB 257. Used car dealers, board membership
HB 262. Divorce cases, petition
HB 264. Divorce, temporary alimony hearing
HB 271. Taxable property, oath of returns
HB 300. Elections, assisting electors
HB 342. Motor vehicles, transport explosives
HB 357. Warm Springs Commission, amend
HB 379. Teachers' Retirement, military credit
HB 421. Perpetual care, regulate
HB 462. Planning Commission, unincorporated areas
HB 464. Punishment for Larceny, Amend
HB 475. N.E. Judicial Circuit, additional Judge
HB 488. Department of Agriculture, registration
HB 500. Social Security Act, appropriations
HB 509. Water Resources and Planning Act
HB 524. Navigable Streams, Fishing Rights
HB 553. Osteopath License, one year training
HB 557. Grand Juries, inspect orphanage
HB 560. Biological Permit Act, amend (postponed)
HB 601. Immunity from civil liability
HB 602. Immunity from criminal liability
HB 642. Administrative Procedure Act, amend
HB 647. Insurance, Sell Securities w/o Authority
HB 651. Veterans Service, gifts, grants
HB 659. Teaching a profession
HB 677. Attorney General, reimburse expenses
HR 297-698. Met. area Water Quality Control Commission
HR 298-698. County governments, powers
HR 299-698. Home Rule for counties, amend
SB
11. Educational Improvement Council, amend
SB
46. Board of Cosmetology, amend
SB
55. Identification, registry of ships
SB
90. Practice of Optometry, amend
MONDAY, FEBRUARY 14, 1966
1655
SB
114. Graduate nurse, registration
The Speaker shall have the right to call the above Bills and Reso lutions in any order which he may desire.
Respectfully submitted, Busbee of 79th, Vice-Chairman.
Mr. Speaker:
Your Rules Committee met and amended the calendar for Monday, February 14, 1966, by adding the following Bills thereto:
HB 123. Judge Superior Courts, funds HB 178. Department of Health, plumbing code HB 201. Highways, streets, closing HB 219. Master barber, certificate HB 241. Educational Improvement Council, amend HB 566. Board of Corrections, Director's Salary HB 657. Males and females, equal pay
The speaker shall have the right to call the above Bills and Reso lutions in any order which he may desire.
Respectfully submitted, Busbee of 79th, Vice-Chairman.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 768. By Messrs. Harris, Farrar, Walling and Levitas of the 118th, Malone, Palmer, Carley and Vaughn of the 117th:
A Bill to be entitled an Act to amend an Act fixing, prescribing and establishing compensation and/or salaries of the elective county officials of DeKalb County including the ordinary, clerk of the superior court, sheriff and tax commissioner, so as to adjust certain compensation and year; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 769. By Messrs. Etheridge of the 123rd, Gates of the 123rd, and others:
A Bill to be entitled an Act to amend an Act known as the "City of Atlanta and Fulton County Recreation Authority Act", so as to rede fine "project"; to provide that the Authority shall have the right to contract for the use of or to lease or sell any or all of its facilities in cluding real property, to any persons, firms or corporations whether public or private; and for other purposes.
Referred to the Committee on Local Affairs.
HB 770. By Mr. Williams of the 16th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Hall County, so as to provide for a five member Board; to provide for Commissioner Districts; and for other purposes.
Referred to the Committee on Local Affairs.
HR 345-770. By Messrs. Story and Watson of the 22nd:
A Resolution proposing an amendment to the Constitution so as to empower the Clerk of the Superior Court of Gwinnett County to issue criminal warrants; and for other purposes.
Referred to the Committee on Local Affairs.
HR 346-770. By Mr. Matthews of the 94th:
A Resolution proposing an amendment to the Constitution so as to authorize State taxation for school lunch purposes; and for other pur poses.
Referred to the Committee on Education.
HB 771. By Mr. Lovell of the 6th: A Bill to be entitled an Act to provide for compensation for the Ordi nary of White County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 772. By Messrs. Newton and Matthews of the 94th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Colquitt County, so as to provide a retirement sys tem for certain personnel of the Board; and for other purposes.
Referred to the Committee on Local Affairs.
MONDAY, FEBRUARY 14, 1966
1657
HB 773. By Mr. Murphy of the 26th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bremen, so as to extend the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 774. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act creating the City Court of Warner Robins, so as to change the number of preemptory challenges allowed in criminal cases; and for other purposes.
Referred to the Committee on Local Affairs.
HB 775. By Mr. Byrd of the 28th:
A Bill to be entitled an Act to amend an Act placing the compensation of the clerk of the superior court, the ordinary and coroner of Walton County on a salary basis in lieu of a fee system, 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 776. By Mr. Byrd of the 28th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Walton County, so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 777. By Messrs. Drew of the 116th and Gaynor of the 114th:
A Bill to be entitled an Act to amend Code Section 20-506, relating to attorney's fees upon any note or other evidence of indebtedness, so as to change the method of giving notice for the purpose of collecting such attorney's fees; and for other purposes.
Referred to the Committee on Judiciary.
HB 778. By Mr. Lewis of the 50th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Waynesboro, so as to change the terms of said court; and for other purposes.
Referred to the Committee on Local Affairs.
1658
JOURNAL OF THE HOUSE,
HB 779. By Messrs. Overby, Williams and Wood of the 16th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court and clerk of the city court and the ordinary of Hall County on an annual salary in lieu of the fee system, so as to change the compensation of the sheriff, the clerk of the superior court and clerk of the city court and the ordinary of Hall County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 780. By Messrs. Overby, Williams and Wood of the 16th:
A Bill to be entitled an Act to amend an Act consolidating the office of Tax Collector of Hall County and the office of Tax Receiver of Hall County into the single office of Tax Commissioner of Hall County, so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 781. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Sycamore, so as to change and enlarge the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 782. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to consolidate the office of tax receiver and tax collector of Irwin County into the office of tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 783. By Mr. Clark of the 2nd:
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 creation of a Board of Utility Commissioners for the City of Ringgold; and for other purposes.
Referred to the Committee on Local Affairs.
HB 784. By Messrs. Matthews and Bedgood of the 29th:
A Bill to be entitled an Act to amend an Act approved August 24, 1872 entitled "An Act to amend the charter of the Town of Athens", so as to empower the Mayor and Council of the City of Athens to formulate and adopt building codes, housing codes, etc.; and for other purposes.
Referred to the Committee on Local Affairs.
MONDAY, FEBRUARY 14, 1966
1659
HB 785. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thomp son of the 110th, Thompson and Shields of the lllth:
A Bill to be entitled an Act to amend an Act abolishing Justice Courts and the office of the Justice of the Peace and Notary Public ex-officio Justice of the Peace and to establish and create in lieu thereof a Munici pal Court in and for the City of Columbus and County of Muscogee, so as to change the compensation of the marshal of the Municipal Court of Columbus, Muscogee County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 786. By Mr. Smith of the 85th:
A Bill to be entitled an Act to amend an Act entitled "Revenue Bond Law", so as to provide in Section 5 thereof that revenue bonds issued under said Act for the purpose of paying the cost of acquiring, construct ing, reconstructing, improving, bettering or extending certain revenue producing undertakings, namely highways, parkways, causeways, tun nels and other crossings; and for other purposes.
Referred to the Committee on Judiciary.
HB 787. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins, so as to establish a Civil Service Board for said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 788. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act incorporating the City of Centerville, so as to provide that a candidate must receive a ma jority of the votes to be elected to the office of mayor or councilman; and for other purposes.
Referred to the Committee on Local Affairs.
HB 789. By Messrs. Bennett, Barfield and Sullivan of the 95th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Valdosta in and for the County of Lowndes, so as to change the com pensation of the Solicitor of said Court; and for other purposes.
Referred to the Committee on Local Affairs.
HR 347-789. By Mr. Smith of the 90th:
A Resolution authorizing the conveyance of a. certain tract of stateowned property to Grady County; and for other purposes.
Referred to the Committee on Rules.
16GO
JOURNAL OP THE HOUSE,
HR 348-789. By Mr. Hawkins of the 139th:
A Resolution authorizing the transfer of certain real property located in Pulton County, Georgia; and for other purposes.
Referred to the Committee on Rules.
By unanimous consent, the following Bills and Resolutions were read the second time:
HB 722. By Messrs. Harris and Vaughan of the 14th:
A Bill to be entitled an Act to provide that the ordinary of certain coun ties shall receive a salary in lieu of any other system of compensation; and for other purposes.
HB 723. By Messrs. Lovett and Knight of the 60th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, so as to increase the maximum millage which may be levied by the City of Dublin; and for other purposes.
HB 724. By Mr. Smith of the 85th: 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 the method of computing a member's service retirement allowance; and for other purposes.
HR 321-724. By Mr. Clark of the 2nd:
A Resolution proposing an amendment to the Constitution so as to create the Catoosa County Development Authority; and for other pur poses.
HB 725. By Messrs. Longino of the 122nd, Adams of the 125th, Egan of the 141st, McClatchey of the 138th, Brown of the 120th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to extend the city limits; and for other purposes.
HR 322-725. By Mr. Lambert of the 38th:
A Resolution proposing an amendment to the Constitution so as to remove the provisions stating that property of the wife shall not be liable for the debts of the husband; and for other purposes.
MONDAY, FEBRUARY 14, 1966
1661
HB 726. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, the sheriff, the ordinary, the tax collector and tax receiver of Morgan County upon an annual salary, so as to increase the compensation of the sheriff, the ordinary and the tax collector; and for other purposes.
HB 727. By Mr. Hull of the 104th:
A Bill to be entitled an Act to amend Code Title 40-19 relating to the Supervisor of Purchases, so as to provide that the Supervisor of Pur chases shall not accept any letter or other writing upon which contracts for supplies or construction are made unless same is typewritten and no erasures thereon; and for other purposes.
HB 728. By Mr. Hull of the 104th:
A Bill to be entitled an Act to amend an Act known as the "Apartment Ownership Act", so as to provide for definitions; removal of recording of value; and for other purposes.
HB 729. By Mr. Russell of the 92nd:
A Bill to be entitled an Act to amend Code Title 109A, known as the "Uniform Commercial Code", so as to remove the provisions which pro vide that a perfected security interest in collateral takes priority over each and all of the liens, claims and rights described in Georgia Code Section 67-1701; and for other purposes.
HB 730. By Messrs. Jones of the 76th and Drew of the 116th:
A Bill to be entitled an Act to amend an Act known as the "State Toll Bridge Authority Act"; and for other purposes.
HB 731. By Messrs. Higginbotham, Westlake, Evensen and Bean of the 119th, Sims of the 131st, Adams of the 125th and others:
A Bill to be entitled an Act to amend an Act providing for a pension and retirement system for the officers and employees of certain cities, so as to change certain of the provisions relating to the eligibility of persons receiving benefits under such Act to be reemployed or reappointed to any position in the government of such cities; and for other purposes.
HB 732. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A Bill to be entitled an Act to amend an Act approved February 24, 1874, incorporating the City of Dalton, so as to provide a comprehensive and unified pension plan for certain officers, firemen, policemen, em-
1662
JOURNAL OF THE HOUSE,
ployees of the Mayor and Council, and the various departments thereof; and for other purposes.
HB 733. By Messrs. Bean, Evensen, Westlake and Higginbotham ol the 119th:
A Bill to be entitled an Act to amend Code Section 87-201, relating to the manner in which elections shall be held by counties, municipalities or divisions on the issue of bonds, so as to provide that every bond issue in certain counties shall contain in the legal advertisement a reference that any brochure, listing, or other advertisements, shall be deemed a statement of intention of the governing body in such counties con cerning the use of bond funds; and for other purposes.
HE 323-733. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
A Resolution to compensate Mr. Wilbur G. Kurtz, Sr.; and for other purposes.
HR 324-733. By Mr. Brown of the 120th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the State of Georgia and any urban renewal agency shall be authorized to donate real estate owned by them to any chapter of the Daughters of the American Revolution or to any chapter of the United Daughters of the Confederacy; and for other purposes.
HB 746. By Messrs. Harris and Smith of the 85th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of the official court reporter of the Brunswick Judicial Circuit in felony cases and providing in lieu thereof a salary, so as to provide for an assistant official court reporter; and for other purposes.
HB 747. By Messrs. Thompson and Shields of the lllth, Jones, Brinkley and Pickard of the 112th, Berry and Thompson of the 110th:
A Bill to be entitled an Act to amend Code Chapter 58-6, relating to certain miscellaneous provisions which prohibit the sale of spirituous, alcoholic or malt liquors, so as to prohibit the possession or purchase of such spirituous, alcoholic or malt liquors by any person under the age of 21 years; and for other purposes.
HB 748. By Messrs. Howard of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A Bill to be entitled an Act to amend an Act creating a law library in certain counties, so as to increase the maximum fund authorized to be collected from court cases to establish such libraries; and for other purposes.
MONDAY, FEBRUARY 14, 19G6
1663
HB 749. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd and Wilson of the 102nd:
A Bill to be entitled an Act consolidating the offices of tax collector and tax receiver of Cobb County, so as to change the compensation of the tax commissioner and the chief clerk of the tax commissioner; and for other purposes.
HB 750. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to change the compensation which the judges receive from County; and for other purposes.
HB 751. By Messrs. Howard and McDaniell of the 101st, Wilson of the 102nd and Jordan of the 103rd:
A Bill to be entitled an Act to amend an Act changing the compensa tion of the clerk of the superior court, the sheriff and the ordinary of Cobb County, so as to change the compensation of the sheriff, chief deputy sheriff, the deputy sheriffs, chief investigator--sheriff's office, clerk and deputy clerk of the superior court; and for other purposes.
HB 752. By Messrs. Etheridge of the 123rd, Gates of the 123rd, and others:
A Bill to be entitled an Act to amend an Act making it unlawful for any person to employ a minor where alcoholic beverages of any kind are sold in counties having a population of more than 500,000; and for other purposes.
HB 753. By Mr. Fleming of the 106th:
A Bill to be entitled an Act to enlarge the powers, authority and juris diction of the Georgia Public Service Commission so as to authorize said Commission to issue certificates of public convenience and neces sity to radio common carrier corporations, companies, firms, persons, or associations owning, leasing or operating a radio common carrier service in this State; and for other purposes.
HB 758. By Mr. Tucker of the 36th:
A Bill to be entitled an Act to amend an Act regulating malt beverages, so as to provide the amount of malt beverages in a public place; and for other purposes.
HB 759. By Messrs. Malone and Palmer of the 117th, Higginbotham, Westlake, Evensen and Bean of the 119th:
A Bill to be entitled an Act to amend an Act authorizing the estab lishment of a merit system in DeKalb County for employees and the
1664
JOURNAL OF THE HOUSE,
creation of a Merit System Council so as to increase the membership of said Council from 3 to 5 members; and for other purposes.
HB 760. By Messrs. Dixon and Sweat of the 83rd:
A Bill to be entitled an Act to amend an Act placing certain officers of Ware County on a salary system, so as to authorize the governing authority to allow the tax collector to receive commissions for collecting the taxes in excess of a certain percentage of the total taxes due; and for other purposes.
HB 761. By Messrs. Dixon and Sweat of the 83rd:
A Bill to he entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Ware County, so as to change the procedure relative to the publication of receipts and expenditures; and for other purposes.
HB 762. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st and Jordan of the 103rd:
A Bill to be entitled an Act to fix the compensation of the treasurers of all counties of this State having a population of not less than 100,000 nor more than 130,000; and for other purposes.
HR 326-762. By Messrs. Dixon and Sweat of the 83rd:
A Resolution proposing an amendment to the Constitution so as to clarify the provisions relative to the filling of vacancies on the Board of Education of Ware County and the appointment of the County School Superintendent by the Board; and for other purposes.
HR 327-762. By Messrs. Henderson and Wilson of the 102nd, McDaniell and Howard of the 101st, and Jordan of the 103rd:
A Resolution proposing an amendment to the Constitution so as to authorize Cobb County to install, construct, extend, repair and improve sidewalks in the incorporated areas and unincorporated areas of Cobb County and to issue general obligation bonds in order to finance said projects; and for other purposes.
HR 328-762. By Messrs. Oglesby of the 92nd, Odom of the 79th, Simkins of the 106th, Sherman and Delong of the 105th and many others:
A Resolution proposing an amendment to the Constitution so as to provide that the Speaker of the House of Representatives shall be elected by secret ballot; and for other purposes.
MONDAY, FEBRUARY 14, 1966
1665
HB 763. By Mr. Steis of the 100th:
A Bill to be entitled an Act creating a Small Claims Court in Harris County; and for other purposes.
HB 764. By Messrs. Newton and Matthews of the 94th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Colquitt County, so as to provide a retirement system for certain personnel of the Board of Commissioners of Colquitt County; and for other purposes.
HB 765. By Messrs. Dean and Moore of the 20th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Rockmart in the County of Polk, so as to change the date for holding elections for mayor and councilmen; and for other purposes.
HB 766. By Mr. Barber of Jackson:
A Bill to be entitled an Act incorporating the City of Jefferson, so as to provide for annexation and provide for a referendum; and for other purposes.
HB 767. By Mr. Moore of the 20th:
A Bill to be entitled an Act superseding and revising the laws relating to Game and Fish Commission, so as to remove provisions authorizing and empowering the Game and Fish Commission to purchase passenger carrying vehicles; and for other purposes.
HR 330-767. By Mr. Smith of the 90th:
A Resolution creating the State-Local Government Revenue Study Com mittee; and for other purposes.
HE 331-767. By Mr. Smith of the 90th:
A Resolution creating the State-Local Government Study Committee; and for other purposes.
SR 8. By Senator Smalley of the 28th:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to the method of amending the Con stitution; and for other purposes.
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JOURNAL OP THE HOUSE,
SB 21. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code, so as to create within the Department of Public Health an autonomous Division of Mental Health; and for other pur poses.
SR 25. By Senators Webb of the llth and Jackson of the 16th:
A Resolution proposing an amendment to the Constitution so as to provide for the payment for taking or damaging private property for street purposes; and for other purposes.
SB 45. By Senator Kendrick of the 32nd:
A Bill to be entitled an Act to amend Code 32-904, relating to the com pensation of members of county boards of education; so as to change the compensation of board members; and for other purposes.
SR 49. By Senators Hall of the 52nd, Jackson of the 16th, and Kendrick of the 32nd:
A Resolution creating an interim study committee to study the feasi bility of establishing a central computerized criminal records system for the State of Georgia; and for other purposes.
SB 93. By Senators Rowan of the 8th and Pennington of the 45th:
A Bill to be entitled an Act to provide for inspection of colonies of honeybees by the State Department of Agriculture; and for other purposes.
SB 123. By Senators Kendrick of the 32nd and Searcey of the 2nd:
A Bill to be entitled an Act to repeal Code Chapter 32-17 relating to the requirement that the curriculum of all public schools contain in struction in the promotion and encouragement of the conservation and protection of various forms of useful wildlife and the forests; and for other purposes.
SB 137. By Senators Webb of the llth, Johnson of the 42nd, Gillis of the 20th, and others:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for benefits for future employees under the involuntary separation provisions; and for other purposes.
MONDAY, FEBRUARY 14, 1966
1667
SB 143. By Senators Pennington of the 45th, Jackson of the 16th and Carter of the 14th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety of Georgia, so as to provide for the issuance of hon orary drivers' licenses without cost to certain veterans of this State or certain servicemen of this State; and for other purposes.
SB 174. By Senators Broun of the 46th and Hall of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a retirement system in the State Public Schools, so as to provide that any member of the teachers' retirement system may make voluntary contributions to said system; and for other purposes.
SB 199. By Senator Downing of the 1st: A Bill to be entitled an Act to amend Code Section 40-804, relating to the power of the Secretary of State, the Department of Archives and History, so as to provide that the Secretary of State may establish a branch depository after obtaining prior written approval of the his torical association involved; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Local Affairs and recommitted to the Committee on Special Judiciary:
HB 752. By Messrs. Etheridge of the 123rd, Gates of the 123rd and others: A Bill to be entitled an Act to amend an Act making it unlawful to employ a minor where alcoholic beverages are sold in counties having a population of more than 500,000; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to-wit:
HB 163. By Messrs. Parrish of the 96th and Pafford of the 97th: A Bill to abolish the fee system existing in the superior courts of the Alapaha Judicial Circuit, so as to change the compensation paid to the Solicitor General; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 185. By Mr. Brackin of the 87th:
A Bill creating a small claims court in each county in this State having a certain population; and for other purposes.
HB 191. By Mr. Parrish of the 96th:
A Bill to abolish the present mode of compensating the sheriff of Cook County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 236. By Messrs. Carr and Rowland of the 48th:
A Bill to amend an Act incorporating the City of Sandersville, so as to require public notice of a hearing on any new zoning ordinance or change in any existing zoning ordinance of the City of Sandersville; and for other purposes.
HB 280. By Mr. Otwell of the 10th:
A Bill to change the compensation of the clerk of the superior court, the sheriff and the tax commissioner of Forsyth; and for other pur poses.
HB 281. By Mr. Otwell of the 10th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Forsyth County, so as to provide for an expense allowance for the Chairman of the Board; and for other purposes.
HB 282. By Mr. Otwell of the 10th:
A Bill to abolish the present method of compensating the sheriff of Dawson County; and for other purposes.
HB 315. By Messrs. Conger and Dollar of the 89th:
A Bill to abolish the present method of compensating the sheriff of Decatur County, known as the fee system; and for other purposes.
HB 316. By Messrs. Conger and Dollar of the 89th:
A Bill to amend an Act relating to the establishment of the City Court of Bainbridge in the county of Decatur, so as to provide that the sheriff of the City Court of Bainbridge shall receive no compensation for his services as such except which is prescribed for his duties as sheriff of Decatur County; and for other purposes.
MONDAY, FEBRUARY 14, 1966
1689
HB 317. By Messrs. Conger and Dollar of the 89th:
A Bill to amend an Act creating a new charter for the City of Bainbridge, so as to decrease the number of aldermen; and for other pur poses.
HB 329. By Mr. Ware of the 42nd:
A Bill to amend an Act known as the "Housing Authorities Law", so as to exempt housing authorities of certain municipalities located in certain counties of this State; and for other purposes.
HB 331. By Mr. Webb of the 65th:
A Bill to repeal an Act creating and establishing the City Court of Pembroke in and for the County of Bryan, so as to provide for the disposition of all suits, cases, papers, processes, books, indices and other matters of said court; and for other purposes.
HB 355. By Mr. Rainey of the 69th:
A Bill to abolish the present mode of compensating the Clerk of the Superior Court, the Sheriff, the Ordinary and the Tax Commissioner of Crisp County, known as the fee system; and for other purposes.
HB 332. By Mr. Webb of the 65th:
A Bill to amend an Act creating and establishing the office of County Treasurer of Bryan County, so as to raise the salary of the Treasurer of Bryan County; and for other purposes.
HB 365. By Mr. Doster of the 73rd:
A Bill to abolish the present mode of compensating the sheriff of Wilcox County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 378. By Mr. Hadaway of the 46th:
A Bill to amend an Act creating a new charter for the City of Gray, so as to change the corporate limits of said city; to provide for filling vacancies in the offices of mayor and councilmen; and for other pur poses.
HB 381. By Messrs. Howard and McDaniell of the 101st and others:
A Bill to amend an Act creating a new charter for the City of Acworth, so as to change the election laws for the Mayor and Board of Alder men; and for other purposes.
1670
JOURNAL OF THE HOUSE,
HB 392. By Mr. Smith of the 44th:
A Bill to amend an Act fixing the salary for the commissioners of Roads and Revenues of Pike County, so as to increase the compensation of the Commissioners; and for other purposes.
HB 393. By Mr. Smith of the 44th:
A Bill to amend an Act fixing the salary of the Clerk of the Board of Commissioners of Roads and Revenues of Pike County, so as to change the compensation of the clerk; and for other purposes.
HB 394. By Mr. Smith of the 44th:
A Bill to amend an Act providing a new charter for the City of Zebulon, so as to change the corporate limits of said City; and for other pur poses.
HB 395. By Mr. Caldwell of the 51st:
A Bill to amend an Act creating a new charter for the City of Thomaston, so as to provide for the removal of the city manager by the mayor and council by resolution, which resolution shall be final and conclusive and not subject to review; and for other purposes.
HB 399. By Mr. Leonard of the 3rd:
A Bill to amend an Act creating a commissioner of roads and revenues for Murray County, so as to increase the compensation of the commis sioners; and for other purposes.
HB 400. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A Bill to amend an Act creating the office of Commissioners of Roads and Revenues for the County of Rockdale, so as to authorize the com missioner to appoint an executive assistant for the purpose of assisting the commissioner; and for other purposes.
HB 401. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues for Rockdale County, so as to change the compensation of the commissioner; and for other purposes.
HB 402. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A Bill to abolish the present mode of compensating the sheriff of Rockdale County, known as the fee system, to provide in lieu thereof a fixed salary; and for other purposes.
MONDAY, FEBRUARY 14, 1966
1671
HB 403. By Messrs. Carr and Rowland of the 48th:
A Bill to amend an Act incorporating the City of Sandersville, so as to abolish the Water and Light Commission and transfer all the functions of said Commission to the Mayor and Council; and for other purposes.
HB 406. By Mr. Harris of the 85th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Glynn County, so as to provide for the election of members by a majority vote; and for other purposes.
HB 409. By Mr. Smith of the 54th:
A Bill to abolish the present mode of compensating the sheriff of Emanuel County, known as the fee system; and for other purposes.
HB 411. By Mr. McCracken of the 49th:
A Bill to amend the Charter of the City of Wadley, by providing for the opening of registration books forty-five (45) days prior to the date of election and closing same fifteen (15) days prior to the date of election, whenever any election is to be held in and for the City; and for other purposes.
HB 412. By Mr. Grahl of the 52nd:
A Bill to amend an Act creating a new charter for the City of Fort Valley, so as to provide maximum salaries for the mayor, recorder, city councilmen, chairman of the utility commission and members of the utility commission; and for other purposes.
HB 414. By Mr. Colwell of the 5th:
A Bill to abolish the present mode of compensating the sheriff of Lumpkin County, known as the fee system; and for other purposes.
HB 417. By Mr. Thomas of the 77th:
A Bill to provide for additional terms of the superior court of Wayne County; and for other purposes.
HB 422. By Mr. Williams of the 82nd:
A Bill to amend an Act creating a charter for the City of Douglas so as to extend the corporate limits; and for other purposes.
1672
JOURNAL OF THE HOUSE,
HB 424. By Mr. Land of the 53rd:
A Bill to abolish the present mode of compensating the sheriff of Twiggs County, known as the fee system; and for other purposes.
HB 427. By Messrs. Lewis and Newton of the 50th:
A Bill to change the terms of the Superior Court of Burke County; and for other purposes.
HB 428. By Mr. Webb of the 65th:
A Bill to amend an Act incorporating the City of Guyton, so as to fix the date for the taking of office by the Mayor and Council-elect; and for other purposes.
HB 432. By Messrs. Fleming and Simkins of the 106th and others:
A Bill to amend the Charter of the City of Augusta, so as to provide for a more equitable method of making assessments for street improve ments where the streets or alleys to be improved exceed 30 feet in width; and for other purposes.
HB 433. By Messrs. Fleming and Simkins of the 106th:
A Bill to amend the charter of the City of Augusta, so as to authorize the city council of Augusta to maintain on the streets a system of sprinkling and to charge the cost against abutting property and the owners thereof, and against other persons using the streets, by repeal ing said Act in its entirety; and for other purposes.
HB 434. By Mr. McCracken of the 49th:
A Bill to abolish the present mode of compensating the Coroner of Jefferson County, known as the fee system; and for other purposes.
HB 435. By Mr. McCracken of the 49th:
A Bill to amend an Act creating the office of treasurer for the county of Jefferson, so as to change the salary of the treasurer; and for other purposes.
HB 445. By Messrs. Jones, Pickard and Brinkley of the 112th and others:
A Bill to amend an Act abolishing the fee system in the Superior Courts of the Chattahoochee Judicial Circuit, as applied to the office of solici tor general, and providing for the payment of the salary of said solicitor general, so as to change the salary of said solicitor general; and for other purposes.
MONDAY, FEBRUARY 14, 1966
1673
HB 446. By Messrs. Jones, Pickard and Brinkley of the 112th:
A Bill to amend an Act relating to the establishment of a City Court in the City of Columbus for Muscogee County, so as to change the salary of the judge and solicitor of said court; and for other purposes.
HB 477. By Mr. Bracken of the 87th:
A Bill to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Colquitt in the County of Miller, so as to change the corporate limits of said city; and for other pur poses.
HB 476. By Mr. Brackin of the 87th:
A Bill to fix, allow, and provide for the compensation of the Sheriff of Seminole County; and for other purposes.
HB 632. By Mr. Jordan of the 78th:
A Bill to abolish the present method of compensating the sheriff of Clay County, known as the fee system; and for other purposes.
HB 634. By Mr. Jordan of the 78th:
A Bill to amend an Act abolishing the fee system for the Sheriff of Calhoun County and providing in lieu thereof an annual salary, so as to change the compensation of the sheriff; and for other purposes.
HB 635. By Mr. Jordan of the 78th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Baker County, so as to change the compensation of the chairman and the other members of said Board; and for other purposes.
HB 636. By Mr. Jordan of the 78th:
A Bill to amend an Act creating a new charter for the City of Arlington so as to change the hours which the polls shall be open on election days; and for other purposes.
HB 189. By Messrs. Gaynor and Smith of the 114th and others:
A Bill to increase the official bond of the sheriff of Chatham County; and for other purposes.
1674
JOURNAL OF THE HOUSE,
HB 190. By Messrs. Gaynor and Smith of the 114th:
A Bill to increase the official bond of the clerk of the superior court of Chatham County; and for other purposes.
HB 194. By Messrs. Richardson of the 116th, Tye of the 115th and others:
A Bill to amend Code Sec. 92-6402 of the Code of Georgia of 1933, relat ing to the payment of taxes to the county in which returns are made, so as to provide that in certain counties, taxes shall become due in two equal installments, one-half of the 1st of July of each year and onehalf the 1st of November of each year; and for other purposes.
HB 447. By Messrs. Jones, Pickard and Brinkley of the 112th and others:
A Bill to amend an Act establishing the salary of the Sheriff of Muscogee County, so as to change the salary of said sheriff; and for other purposes.
HB 448. By Messrs. Jones, Pickard and Brinkley of the 112th and others:
A Bill to amend an Act abolishing the offices of tax receiver and tax collector of Muscogee County, so as to change the compensation to be paid said Tax Commissioner; and for other purposes.
HB 449. By Messrs. Pickard, Jones and Brinkley of the 112th and others:
A Bill to amend an Act relating to the salary of the judge of the juvenile court in counties in the State having a population of not less than 150,000 and not more than 175,000, so as to change the salary of the judge of the juvenile court in such counties; and for other purposes.
HB 450. By Messrs. Jones, Pickard and Brinkley of the 112th and others:
A Bill to amend an Act establishing a salary for the Clerk of the Supe rior Court of Muscogee County, so as to change the salary of said clerk; and for other purposes.
HB 451. By Messrs. Jones, Pickard and Brinkley of the 112th and others:
A Bill to amend an Act establishing the salary of the Ordinary of Muscogee County, so as to change the salary of said ordinary; and for other purposes.
HB 452. By Messrs. Jones, Pickard and Brinkley of the 112th and others:
A Bill to amend an Act abolishing justice courts and offices of justice of the peace and notary public ex officio justices of the peace and
MONDAY, FEBRUARY 14, 1966
1675
establishing in lieu thereof a municipal court for the City of Columbus and County of Muscogee, so as to change the provisions relating to the jurisdiction of said court; and for other purposes.
HB 453. By Mr. Houston of the 84th:
A Bill to amend an Act placing the sheriff of Pierce County on an annual salary in lieu of the fee basis of compensation, so as to change the salary of the sheriff; and for other purposes.
HB 454. By Mr. Houston of the 84th:
A Bill to amend an Act creating a new charter for the City of Blackshear, so as to change the method of electing aldermen; and for other purposes.
HB 460. By Messrs. Elliott of the 107th, Wilson, Stewart, and Knapp of the 109th:
A Bill to amend an Act providing a pension and/or retirement plan and fund for certain employees of Bibb County, so as to increase the maxi mum age for participation in the pension plan thereby created from 40 years to 55 years and for other purposes.
HB 461. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th: A Bill to create the Bibb County Water and Sewerage Authority and to authorize such authority to acquire, construct, equip, etc., selfliquidating projects embracing sources of water supply; and for other purposes.
HB 465. By Mr. Collins of the 88th: A Bill to change the terms of the Superior Court of Mitchell County; and for other purposes.
HB 466. By Mr. Collins of the 88th:
A Bill to abolish the present mode of compensating the sheriff of Mitchell County, known as the fee system; and for other purposes.
HB 467. By Mr. Tucker of the 36th:
A Bill to amend an Act fixing the compensation of the members of the Board of Education of Henry County, so as to change the compensation of the Chairman and the other members of the Board; and for other purposes.
1676
JOURNAL OP THE HOUSE,
HB 470. By Messrs. Busbee, Odom, Hutehinson and Lee of the 79th:
A Bill to amend the Act providing a new charter for the City of Albany, so as to authorize the city commissioners to designate the place for holding elections; and for other purposes.
HB 473. By Mr. Stovall of the 17th:
A Bill to abolish the present mode of compensating the sheriff of Banks County, known as the fee system; and for other purposes.
HB 494. By Messrs. Sherman and DeLong of the 105th and others:
A Bill to amend an Act authorizing the establishment of law libraries, in courts in certain counties, so as to authorize an assistant for the official operating such libraries; and for other purposes.
HB 501. By Messrs. Snellings and Hull of the 104th and others:
A Bill to amend an Act regulating public instruction in the County of Richmond, so as to change the compensation of the members, presi dent and vice-president, of the board of education; and for other pur poses.
HB 502. By Messrs. Elliott of the 107th, Knapp, Stewart, Wilson and Jones ol the 109th and others:
A Bill to amend an Act establishing the City Court of Macon, in and for the County of Bibb, so as to change the name of the City court of Macon; and for other purposes.
HB 504. By Mr. Smith of the 54th:
A Bill to amend an Act incorporating the City of Swainsboro, so as to provide for the qualifications and registration of voters; and for other purposes.
HB 505. By Mr. Anderson of the 71st:
A Bill to amend an Act placing the Ordinary of Pulaski County upon an annual salary in lieu of the fee system, so as to provide that ordi nary shall be entitled to receive fees, which are payable to local cus todians of vital statistics in the event said ordinary is designated local custodian of vital statistics; and for other purposes.
HB 506. By Mr. Anderson of the 71st:
A Bill to amend an Act placing the clerk of the superior court of Pulaski County upon an annual salary in lieu of the fee system, so as to pro vide that the clerk shall receive an allowance payable from the funds of Pulaski County for assistance rendered to the Board of Tax Assessors of Pulaski County; and for other purposes.
MONDAY, FEBRUARY 14, 1966
1677
HB 511. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to require the Board of Commissioners of Roads and Revenue of Floyd County to conduct an annual audit of finances, financial records and books of Floyd County; and for other purposes.
HB 512. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to require county boards of education in certain counties to conduct a continuing and annual audit of the books and records of such board of education; and for other purposes.
HB 514. By Messrs. Minge, Lowrey and Starnes of the 13th: A Bill to amend an Act placing certain officers of Floyd County on a salary basis, so as to provide that the salary of the comptroller shall be fixed by the Board of Commissioners of Roads and Revenues of Floyd County; and for other purposes.
HB 515. By Messrs. Minge, Lowrey and Starnes of the 13th: A Bill to require the commissioners of roads and revenues of Floyd County to operate under a budget; and for other purposes.
HB 517. By Mr. Pafford of the 97th:
A Bill to amend an Act placing the sheriff of Lanier County upon an annual salary, so as to fix the annual salary of the sheriff; and for other purposes.
HB 518. By Mr. Johnson of the 40th:
A Bill to abolish the present mode of compensating the sheriff of Glascock County, known as the fee system; and for other purposes.
HB 528. By Mr. NeSmith of the 43rd:
A Bill to amend an Act creating a new charter for the Town of Luthersville, so as to increase the corporate limits of the Town of Luthersville; and for other purposes.
HB 535. By Messrs. Lee, Gary and Harrell of the 35th:
A Bill to amend an Act creating a hoard of commissioners of roads and revenues for Clayton County, so as to change the amount of the bond required of the chairman and of the members of the board; and for other purposes.
1678
JOURNAL OF THE HOUSE,
HB 536. By Messrs. Lee, Gary and Harrell of the 35th:
A Bill to abolish the office of Treasurer of Clayton County; provide that the Commissioners of Roads and Revenues of Clayton County shall appoint depositories for county funds; and for other purposes.
HB 545. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to amend an Act creating a new Charter for the City of Rome, relating to the Board of Education; and for other purposes.
HB 546. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to amend an Act creating a new charter for the City of Rome, so as to provide the qualifications of the members of the Rome City Commissioners; and for other purposes.
HB 547. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to amend an Act creating the charter for the City of Rome, so as to provide that each Ward shall consist of Post No. 1, Post No. 2, and Post No. 3 for election purposes; and for other purposes.
HB 548. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to amend an Act creating a new charter for the City of Rome relating to the number of wards within the City of Rome; and for other purposes.
HB 549. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to amend an Act creating a new charter for the City of Rome, relating to fines, taxes, forfeitures or other indebtedness due said City; and for other purposes.
HB 550. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to amend an Act creating a new charter for the City of Rome, so as to provide for primary elections and the nomination of candidates for any general election and special election by primary or nomination petition; and for other purposes.
HB 562. By Messrs. Gary, Lee and Harrell of the 35th:
A Bill to amend an Act providing a salary for the official court re porter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporter; and for other purposes.
MONDAY, FEBRUARY 14, 1966
1679
HB 573. By Mr. Steis of the 100th:
A Bill to amend an Act placing the Sheriff of Harris County on a salary system in lieu of a fee system, so as to change the maximum amount of compensation which the deputies may be paid; and for other purposes.
HB 574. By Mr. Steis of the 100th:
A Bill to amend an Act creating the office of tax commissioner of Harris County so as to change the compensation of the tax commis sioner; and for other purposes.
HB 575. By Mr. Steis of the 100th:
A Bill to amend an Act creating the office of Tax Commissioner of Talbot County, so as to change the compensation for the tax commis sioner; and for other purposes.
HB 576. By Mr. Steis of the 100th:
A Bill to amend an Act changing the compensation of the members of the Board of County Commissioners of Talbot County, so as to change the compensation of said members; and for other purposes.
HB 577. By Mr. Steis of the 100th:
A Bill to amend an Act changing the compensation of the Sheriff of Talbot County from the fee system to the salary system so as to clarify the provisions relating to the salary and expense allowance of the Sheriff; and for other purposes.
HR 120-236. By Mr. Minge of the 13th:
A Resolution authorizing and directing the State Library to furnish certain volumes of the Georgia Reports and the Georgia Court of Appeals Reports and volumes of the Georgia laws to the Judge of the Superior Court of the Rome Judicial Circuit; and for other purposes.
HR 121-236. By Mr. Minge of the 13th:
A Resolution authorizing the State Library to furnish the governing authority of Floyd County with a complete set of the Georgia Laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to-wit:
1680
JOURNAL OF THE HOUSE,
SB 167. By Senators Edenfield of the 4th, Kilpatrick of the 44th and others:
A Bill to amend an Act prohibiting the use or handling of poisonous snakes or reptiles in such manner as will endanger the health or safety of the public, as amended, so as to provide for life imprisonment in lieu of the death penalty for the mishandling of snakes when death ensues; and for other purposes.
SB 179. By Senator McKenzie of the 17th:
A Bill to repeal Code Sec. 92-7002, relating to the duties of the State Revenue Commissioner; and for other purposes.
SR 27. By Senators Gillis of the 20th and Smith of the 18th:
A Resolution proposing an amendment to the Constitution, so as to authorize the Department of Industry and Trade to participate in the operation of certain facilities for the promotion of tourism in the State of Georgia; and for other purposes.
SB 117. By Senator Kidd of the 25th:
A Bill to abolish the present mode of compensating the sheriff of Baldwin County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
SB 194. By Senators Johnson of the 38th, Thompson of the 34th and others:
A Bill relating to the jurisdiction of the court of ordinary in coun ties having a population of more than 500,000 according to the last or any future Federal decennial census; to provide for the appointment of a deputy ordinary to execute orders and issue licenses; and for other purposes.
SB 196. By Senator Minish of the 48th:
A Bill to amend an Act creating a new charter for the town of Maysville, as amended, so as to change the date of the election for mayor and aldermen; and for other purposes.
SB 211. By Senators Downing of the 1st, Searcey of the 2nd and others:
A Bill to amend an Act amending the Charter for the City of Savannah by establishing a pension system for the employees of the Mayor and Aldermen of the City of Savannah, as amended; and for other purposes.
MONDAY, FEBRUARY 14, 1966
1681
The Senate has passed as amended by the requisite constitutional majority the following bills of the House to-wit:
HB 70. By Mr. Rush of the 75th:
A Bill to abolish the present mode of compensating the Clerk of Supe rior Court of Tattnall County, known as the fee system; and for other purposes.
HB 129. By Mr. Rush of the 75th:
A Bill to amend an Act establishing the City Court of Reidsville, so as to change the method of compensating the solicitor, clerk and the sheriff of said court; and for other purposes.
HB 210. By Mr. Leonard of the 3rd: A Bill to abolish the present mode of compensating the clerk of the superior court, the sheriff, the ordinary and tax commissioner of Mur ray County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.
HB 345. By Mr. Collins of the 88th: A Bill relating to the City of Pelham, so as to authorize the mayor and council to alter, change, close and abandon streets and alleys when found beneficial to do so; and for other purposes.
HB 415. By Mr. Clark of the 2nd: A Bill to abolish the present mode of compensating the Sheriff of Catoosa County, known as the fee system; and for other purposes.
HB 491. By Messrs. Bedgood and Matthews of the 29th: A Bill to amend an Act providing for the merger of the independent school system of the Mayor and Council of the City of Athens and the existing school district of Clarke County, so as to provide that no educational tax shall be levied at a rate in excess of 20 mills; and for other purposes.
HB 503. By Messrs. Elliott of the 107th, Bryant of the 108th and others: A Bill to amend an Act establishing the City Court of Macon, in and for the County of Bibb, so as to provide for the establishment of a court probation office, the appointment of probation officers and other as sistants, to provide duties of said probation officers; and for other purposes.
1682
JOURNAL OF THE HOUSE,
HB 507. By Messrs. Overby, Wood and Williams of the 16th:
A Bill to incorporate and to grant a new charter to the City of Oakwood ; and for other purposes.
HB 552. By Messrs. Hull of the 104th and DeLong of the 105th: A Bill to amend an Act changing from the fee to the salary system certain county officers of certain counties of this State, so as to change the compensation of certain employees of the sheriff's office; and for other purposes.
The Senate Has passed by the requisite constitutional majority the following Bills of the Senate to-wit:
SB 38. By Senator Webb of the llth: A Bill to provide procedures for searches and seizures and for sup pression of evidence illegally seized; and for other purposes.
SB 41. 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. Laws 1964, p. 499), as amended, relating to the powers of the county boards of health; and for other purposes.
SB 57. By Senator Webb of the llth: A Bill to amend an Act creating the offices of State Highway Depart ment, as amended; and for other purposes.
The Senate has passed by the requisite constitutional majority the follow ing Bills and Resolutions of the Senate to-wit:
SR 55. By Senators Plunkett of the 30th, Webb of the llth and others:
A Resolution authorizing the statue, bust or other memorial of Walter Franklin George to be placed in the halls of the Capitol of the State of Georgia.
SB 121. By Senator Johnson of the 38th:
A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to require seat belts on certain vehicles and certificates of inspection; and for other purposes.
MONDAY, FEBRUARY 14, 1966
1683
SB 136. By Senator Webb of the llth:
A Bill to amend Code Sec. 81-1001, relating to the time and place for determining the sufficiency of pleadings, as amended, so as to remove certain provisions, relating to amendments, which provisions the Su preme Court of Georgia has declared unconstitutional; and for other purposes.
SB 171. By Senators Johnson of the 42nd, Miller of the 43rd and others:
A Bill to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. Laws 1965, p. 2243) by repealing certain provisions therein with respect to the Interim Study Commission and the holding of referenda; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate to-wit:
SB 157. By Senators Padgett of the 23rd and Holley of the 22nd:
A Bill to provide that in all counties of this State having a certain population the senior judge of the superior court of said counties shall be authorized and empowered to appoint a jury clerk to serve at the pleasure of said judge; and for other purposes.
SB 120. By Senator Johnson of the 38th:
A Bill to amend an Act providing that it shall be unlawful to sell cer tain automobiles unless they shall be equipped with safety belts, as amended; and for other purposes.
SB 129. By Senator Loggins of the 53rd:
A Bill to amend an Act comprehensively and exhaustively revised, superseded and modernized appellate and other post-trial procedure in civil and criminal cases, as amended; and for other purposes.
SB 134. By Senator Webb of the llth:
A Bill to amend Code Sec. 102-102, relating to general rules of con struction for statutes, as amended by an Act approved March 25, 1958 (Ga. L. 1958, p. 388),; and for other purposes.
SB 145. By Senators Carter of the 14th and Plunkett of the 30th:
A Bill to amend an Act creating a non-profit corporation known as the Georgia Higher Education Assistance Corporation, as amended, so as to provide that the Georgia Higher Education Assistance Corporation shall be a budget unit of the State of Georgia; and for other purposes.
1684
JOURNAL OF THE HOUSE,
SB 158. By Senator Fincher of the 51st:
A Bill to amend Code Sec. 84-1318, relating to the duties of drug store proprietors respecting registered pharmacists, as amended, so as to provide that drugs, medicines or poisons shall not be dispensed except under certain conditions; and for other purposes.
SB 201. By Senator Webb of the llth:
A Bill to amend Sec. 12 of the Act of the General Assembly known as the "Statewide Probation Act", as amended; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate to-wit:
SR 29. By Senators Broun of the 46th, Plunkett of the 30th and others:
A Resolution proposing an amendment to the Constitution so as to provide a method for electing members of the State Board of Educa tion; to provide that the State Superintendent shall be appointed by the State Board of Education; to provide the procedure connected there with; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate to-wit:
SB 50. By Senators Wesberry of the 37th, Johnson of the 38th and others:
A Bill to grant to the incorporated municipalities of this State certain powers, including the requiring of repairs, closing or demolition of certain property; to repeal conflicting laws; and for other purposes.
Mr. Newton of the 94th District, Chairman of the Committee on Agriculture, submitted the following reeport:
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 93. Do Pass.
Respectfully submitted, Newton of 94th, Chairman.
MONDAY, FEBRUARY 14, 1966
1685
Mr. Melton of the 34th District, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 66. Do Pass.
Respectfully submitted,
Melton of 34th,
Chairman.
Mr. Melton of the 34th District, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 45. Do Pass by Substitute. Respectfully submitted, Melton of 34th, Chairman.
Mr. Harris of the 118th District, 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 Chair man, to report the same back to the House with the following recommendations:
SB 178. Do Pass.
SB 115. Do Pass.
SB 126. Do Pass.
SB 130. Do Pass, as Amended.
HR 322-725. Do Not Pass.
SB
68. Do Pass.
HB 243. Do Pass, as Amended.
1686
SB HB SB
JOURNAL OF THE HOUSE,
199. Do Pass. 542. Do Not Pass.
67. Do Pass.
Respectfully submitted, Harris of 118th, Chairman.
Mr. Brinkley of the 112th District, Chairman of the Committee on Local Affairs, has 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 Senate, and has instructed me as Chairman, to report the same back to the House with the following recom mendations:
SB 175. Do Pass. HR 327-762. Do Pass. HR 326-762. Do Pass. HR 321-724. Do Pass. HB 722. Do Pass, as Amended. HB 749. Do Pass, as Amended. HB 717. Do Pass, by Substitute. HB 718. Do Pass, by Substitute. HB 719. Do Pass, by Substitute. HB 723. Do. Pass. HB 726. Do Pass. HB 731. Do Pass. HB 732. Do Pass. HB 734. Do Pass. HB 735. Do Pass. HB 736. Do Pass. HB 737. Do Pass. HB 738. Do Pass. HB 739. Do Pass. HB 740. Do Pass. HB 741. Do Pass.
MONDAY, FEBRUARY 14, 1966
1687
HB 742. Do Pass.
HB 743. Do Pass.
HB 744. Do Pass.
HB 745. Do Pass.
HB 746. Do Pass.
HB 748. Do Pass.
HB 750. Do Pass.
HB 751. Do Pass.
HB 755. Do Pass.
HB 756. Do Pass.
HB 757. Do Pass.
HB 760. Do Pass.
HB 761. Do Pass.
HB 762. Do Pass.
SB
148. Do Pass.
SB 149. Do. Pass.
Respectfully submitted, Brinkley of 112th, Chairman.
Mr. Williams of the 16th District, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 138. Do Pass. SB 143. Do Pass.
Respectfully submitted, Williams of 16th Chairman.
1688
JOURNAL OP THE HOUSE,
Mr. Busbee of the 79th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolutions of the House and Senate, and has instructed me as Vice-Chair man, to report the same back to the House with the following recommendations:
HR 105. Do Pass, as Amended.
HR 108. Do Pass, as Amended.
HR 119-218. Do Pass.
HR 143. Do Pass, as Amended.
HR 144. Do Pass, as Amended.
HR 145. Do Pass.
HR 155-238. Do Pass, by Committee Substitute.
HR 238. Do Pass, as Amended.
HR 239. Do Pass.
HR 278. Do Pass, as Amended.
HR 303. Do Pass, as Amended.
HR 310-709. Do Pass, by Committee Substitute.
HR 330-767. Do Pass.
HR 331-767. Do Pass.
HR 343. Do Pass, as Amended.
SB
183. Do Pass, as Amended.
Respectfully submitted,
Busbee of the 79th,
Vice-Chairman.
Mr. Busbee of the 79th District, 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:
HR
53. Do Not Pass.
HR
68. Do Not Pass.
HR
74. Do Not Pass.
MONDAY, FEBRUARY 14, 1966
1689
HR
75.
HR 106.
HR 107.
HR 146.
HR 197.
HR 199.
HR 207-437.
HR 248-529.
HR 279.
HR 305.
HR 306.
HR 307.
HR 314-719.
Do Not Pass. Do Not Pass. Do Not Pass. Do Not Pass. No Recommendation. Do Not Pass. Do Not Pass. Do Not Pass. Do Not Pass. Do Not Pass. Do Not Pass. Do Not Pass. Do Not Pass.
Respectfully submitted, Busbee of the 79th, Vice-Chairman.
Mr. Etheridge of the 123rd District, 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 671. Do Pass, by Substitute. Respectfully submitted, Etheridge of 123rd, Chairman.
Mr. Etheridge of the 123rd District, 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 752. Do Pass. Respectfully submitted, Etheridge of 123rd, Chairman.
1690
JOURNAL OF THE HOUSE,
Mr. Etheridge of the 123rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bill and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 111-196. Do Pass. HB 709. Do Pass.
Respectfully submitted, Etheridge of 123rd, Chairman.
Mr. Chandler of 47th District, 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 con sideration the following Resolutions of the House, and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HR 156-330. Do Pass. HR 262-571. Do Pass.
Respectfully submitted, Chandler of 47th, Chairman.
Mr. Paris of the 23rd District, Chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker:
Your Commtitee on Temperance has had under consideration the following Bill, of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 747. Do Pass.
Respectfully submitted, Paris of 23rd, Chairman.
MONDAY, FEBRUARY 14, 1966
1691
Mr. Matthews of the 29th District, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia, has had under considera tion the following Bill of the Senate, and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 97. Do Pass.
Respectfully submitted,
Matthews of 29th,
Chairman.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:
SB 38. By Senator Webb of the llth:
A Bill to be entitled an Act to provide procedures for searches and seizures and for suppression of evidence illegally seized; and for other purposes.
Referred to the Committee on Judiciary.
SB 41. 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, relating to the powers of the county boards of health; and for other purposes.
Referred to the Committee on State Institutions and Property.
SB 50. By Senators Wesberry of the 37th, Johnson of the 38th, Maclntyre of the 40th and Coggin of the 35th:
A Bill to be entitled an Act to grant to the incorporated municipalities of this State certain powers, including the requiring of repairs, closing or demolition of certain property; and for other purposes.
Referred to the Committee on Judiciary.
SR 55. By Senators Plunkett of the 30th, Webb of the llth and Johnson of the 42nd:
A Resolution authorizing a statute, bust or other memorial of Walter Franklin George to be placed in the halls of the Capitol of the State of Georgia; and for other purposes.
Referred to the Committee on Rules.
1692
JOURNAL OF THE HOUSE,
SB 57. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act creating the offices of State Highway Department, so as to provide that the State Highway Department shall be authorized to accept for the State all available Federal monies appropriated under the various Acts included under Title 23 of the U. S. Code; and for other purposes .
Referred to the Committee on Highways.
SB 73. By Senators Webb of the llth and Jackson of the 16th:
A Bill to be entitled an Act to amend Code Title 88, known as the Georgia Health Code, relating to Grants for Medical Facilities; and for other purposes.
Referred to the Committee on State Institutions and Property.
SB 117. By Senator Kidd of the 25th:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Baldwin County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
SB 120. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act providing that it shall be unlawful to sell certain automobiles unless they shall be equipped with safety belts; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 121. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to require seat belts on certain vehicles and certificates of inspection; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 129. By Senator Logging of the 53rd:
A Bill to be entitled an Act to amend an Act which comprehensively and exhaustively revised, superseded and modernized appellate and other post-trial procedure in civil and criminal cases; and for other purposes.
Referred to the Committee on Judiciary.
MONDAY, FEBRUARY 14, 1966
1693
SB 134. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Section 102-102, relating to general rules of construction for statutes; and for other purposes.
Referred to the Committee on Judiciary.
SB 135. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act establishing a retirement system in the State Public Schools, so as to provide that in order for any teacher who becomes a member of the teachers' retirement system on or after April 7, 1966 to receive full creditable service for services rendered in a local system prior to membership in the teacher's retire ment system; and for other purposes.
Referred to the Committee on Education.
SB 136. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Section 81-1001, relating to the time and place for determining the sufficiency of pleadings, so as to remove certain provisions, relating to amendments, which pro visions the Supreme Court of Georgia has declared unconstitutional; and for other purposes.
Referred to the Committee on Judiciary.
SB 141. By Senators Rowan of the 8th and Carter of the 14th:
A Bill to be entitled an Act to amend Code Section 68-201 so as to provide that said Sections shall not apply to four wheel trailers with no springs; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 144. By Senators Carter of the 14th and Plunkett of the 30th:
A Bill to be entitled an Act to amend an Act creating the Georgia State Scholarship Commission, so as to provide that the Georgia State Scholarship Commission shall be an agency within the Executive Branch of State Government and shall be a budget unit of the State Govern ment; and for other purposes.
Referred to the Committee on Education.
SB 145. By Senators Carter of the 14th and Plunkett of the 30th:
A Bill to be entitled an Ac't to amend an Act creating a non-profit corporation known as the Georgia Higher Education Assistance Corpora tion, so as to provide that the Georgia Higher Education Assistance
1694
JOURNAL OF THE HOUSE,
Corporation shall be a budget unit of the State of Georgia; and for other purposes.
Referred to the Committee on University of Georgia.
SB 157. By Senators Padgett of the 23rd and Holley of the 22nd: A Bill to be entitled an Act to provide that in all counties having a certain population the senior judge of the superior court of said counties shall be authorized and empowered to appoint a jury clerk to serve at the pleasure of said judge; and for other purposes.
Referred to the Committee on Judiciary.
SB 158. By Senator Fincher of the 51st: A Bill to be entitled an Act to amend Code Section 84-1318, relating to the duties of drug store proprietors respecting registered pharma cists, so as to provide that drugs, medicines or poisons shall not be dispensed except under certain conditions; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 171. By Senators Johnson of the 42nd, Miller of the 43rd, Sanders of the 41st and others:
A Bill to be entitled an Act to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965 by repealing certain provisions therein with respect to Interim Study Commission and the holding of a referen da; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 194. By Senators Johnson of the 38th, Thompson of the 34th, Maclntyre of the 40th and others:
A Bill to be entitled an Act relating to the jurisdiction of the court of ordinary in counties having a population of more than 500,000, so as to provide for the appointment of a deputy ordinary to execute orders and issue licenses; and for other purposes.
Referred to the Committee on Local Affairs.
SB 196. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Maysville, so asj;o change the date of the election for mayor and aldermen; and for other purposes.
Referred to the Committee on Local Affairs.
MONDAY, FEBRUARY 14, 1966
1695
SB 201. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Section 12 of the Act of the General Assembly known as the "Statewide Probation Act", so as to provide that the probationary feature of a criminal sentence may be revoked in the county of supervision where it is different than the county of original conviction; and for other purposes.
Referred to the Committee on Judiciary.
SB 211. By Senators Downing the 1st, Searcey of the 2nd and Tribble of the 3rd:
A Bill to be entitled an Act to amend an Act amending the Charter for the City of Savannah by establishing a pension system for the em ployees of the Mayor and Aldermen; and for other purposes.
Referred to the Committee on Local Affairs.
SR 27. By Senators Gillis of the 20th and Smith of the 18th:
A Resolution proposing an amendment to the Constitution, so as to authorize the Department of Industry and Trade to participate in the operation of certain facilities for the promotion of tourism in the State of Georgia; and for other purposes.
Referred to the Committee on Natural Resources.
SB 167. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th and others:
A Bill to be entitled an Act to amend an Act prohibiting the use or handling of poisonous snakes or reptiles in such manner as will en danger the health or safety of the public, so as to provide for life im prisonment in lieu of the death penalty for the mishandling of snakes when death ensues; and for other purposes.
Referred to the Committee on Judiciary.
SB 179. By Senator McKenzie of the 17th:
A Bill to be entitled an Act to repeal Code Section 92-7002, relating to the duties of the State Revenue Commissioner; and for other purposes.
Referred to the Committee on Ways and Means.
SR 29. By Senators Broun of the 46th, Plunkett of the 30th, Carter of the 14th and others:
A Resolution proposing an amendment to the Constitution so as to provide a method for electing members of the State Board of Educa-
1696
JOURNAL OF THE HOUSE,
tion; to provide that the State Superintendent shall be appointed by the State Board of Education; and for other purposes.
Referred to the Committee on Education.
By unanimous consent, the House reconsidered its action in failing to give the requisite constitutional majority to the following Bill of the House:
HB 231. By Messrs. Mitchell and Smith of the 3rd, Ware of the 42nd and Steis of the 100th:
A Bill to be entitled an Act to implement the provisions of an amend ment to the Constitution ratified in 1964, so as to authorize the govern ing authority of every county in this State to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place of business in the unincorporated area of the county; and for other purposes.
The following Resolution of the House was taken up for the purpose of con sidering a motion to take off the table:
HR 166-371. By Messrs. Richardson of the 116th, Smith of the 3rd and Jones of the 109th:
A Resolution proposing an amendment to the Constitution so as to provide that a person shall be entitled to register and vote at any election by the people if he has resided in this State at least one hundred and eighty days; and for other purposes.
Mr. Levitas of the 118th moved that HR 166-371 be taken off the table.
On the motion to take off the table, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Bagby Bedgood Berry Blalock Brinkley Brown, B. D. Busbee
Carley Games Chandler Crowe Daugherty Davis Dillon Egan Elliott
Parrar Floyd Gignilliat Grier Harrell Harris, J. R. Hawkins Hood Howell
Jones, M. Knapp Lambros Lea, F. R. Le vitas Lovell Maddox Malone Matthews, C. Merritt Minge Murphy
MONDAY, FEBRUARY 14, 1966
1697
Oglesby Palmer Reid Rowland Savage Shields Sims Smith, V. T. Smith, W. L. Starnes Steis Stewart
Story Thompson, A. W. Thompson, R. Townsend Vaughn, C. R. Walling Watson Westlake Wiggins Williams, G. J. Williams, W. M. Wood
Those voting in the negative were Messrs.:
Anderson Barfield Bennett Brown, C. Byrd Caldwell Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Conger Dailey Dickinson Dollar Dorminy Duncan Funk Gaissert Grahl Hadaway Harrington
Harris, J. F. Henderson Herndon Hill Holder Howard Hutchinson Johnson, Dr. A. S. Jordan, Ben C. Lane Lee, W. S. Lewis Lovett Marshall Matthews, D. R. Melton Mitchell Mixon Moore, Don C. NeSmith, J. D. Newton, A. S.
Newton, D. L. Odom Otwell Pafford Parker Parrish Powers Rainey Rush Smith, G. L. II Smith, J. R. Spillers Stovall Sullivan Taylor Thomas Tucker Vaughan, D. N. Webb Wilson, J. M.
Those not voting were Messrs.:
Alexander Alien Barber Bean Black Blair Bowen Brackin Brantley Brown, M. P. Bryant Carr Gates
Colwell Conner Cook Cox Dean DeLong Dixon Doster Drew Etheridge Evensen Fleming Fulford
Gary Gaynor Hale Hamilton Harris, R. W. Harrison Higginbotham Houston Hull Irvin Johnson, B. Jones, C. M. Jones, G. Paul
1698
Jordan, W. H. Kiley Knight Lambert Land Lee, W. J. (Bill) Leonard Longino Lowrey Mauldin McClatchey McCracken McDaniell Moore, J. H.
JOURNAL OF THE HOUSE,
Nessmith, P. Overby Paris Peterson Phillips Pickard Reaves Richardson Roach Ross Russell Sherman Simkins Smith, A. B.
Snellings Snow Spikes Stalnaker Sweat
Tye Underwood Ware Watkins
Wells Wilson Mr. Speaker
On the motion, the ayes were 63, nays 62.
The motion prevailed, and HR 166-371 was taken off the table and placed on the general calendar.
Mr. Barber of the 24th stated that he had been called from the House when the roll call was ordered on the above motion, but wished to be recorded in the Journal as voting "aye".
By unanimous consent, the following Bill of the House was taken off the table and placed on the calendar:
HB 370. By Messrs. Richardson of the 116th, Smith of the 3rd and Jones of the 109th:
A Bill to be entitled an Act to amend the Georgia Election Code, as the same is codified in Title 34 of the Code of Georgia, relating to the comprehensive regulation of primaries and federal, State and county elections; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 700. By Messrs. Melton and Gaissert of the 34th:
A Bill to be entitled an Act authorizing and fixing the salaries and com pensation of the Commissioners of Roads and Revenues of Spalding County; and for other purposes.
MONDAY, FEBRUARY 14, 1966
1699
The report of the Committee, which was favorable to the passage of the Bill, was 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 704. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Vidalia, so as to change the corporate limits of said City of Vidalia; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was 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 705. By Messrs. Lee, Gary and Harrell of the 35th: A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Clayton County, so as to provide that the vice chairman of said commission shall have the authority and duty of the chairman under certain conditions; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 706. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Henderson and Wilson of the 102nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, so as to increase the corporate limits; and for other purposes.
1700
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 707. By Messrs. Harrell, Lee and Gary of the 35th:
A Bill to be entitled an Act to amend an Act so as to provide that Clayton County Water Authority shall have the right of eminent domain and to further define the powers and duties 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 708. By Messrs. Malone, Palmer, Carley and Vaughn of the 117th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, so as to change the date on which taxes are 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 711. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend an Act so as to change the date on which municipal elections are conducted in the City of Riceboro, and for other purposes.
MONDAY, FEBRUARY 14, 1966
1701
The report of the Committee, which was favorable to the passage of the Bill, was 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 712. By Mr. Jones of the 76th:
A Bill to be entitled an Act so as to authorize the sale of distilled spirits or alcoholic beverages in certain counties and municipalities, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was 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 713. By Mr. Steis of the 100th:
A Bill to be entitled an Act to provide a new charter for the Town of Geneva, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was 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 720. By Messrs. Story and Watson of the 22nd:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the Mayor of the City of Norcross, and for other purposes.
1702
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 721. By Messrs. Story and Watson of the 22nd:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the county commission 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 734. By Mr. Bagby of the 21st:
A Bill to be entitled an Act creating a new charter for the City of Dallas so as to provide for the establishment of a recorder's court, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 735. By Mr. Bagby of the 21st:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the tax commissioner of Paulding County, and for other purposes.
MONDAY, FEBRUARY 14, 1966
1703
The report of the Committee, which was favorable to the passage of the Bill, was 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 736. By Mr. Thomas of the 77th:
A Bill to be entitled an Act to place the ordinary of Wayne County on a salary system in lieu of a fee system, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 737. By Mr. Thomas of the 77th:
A Bill to be entitled an Act to place the tax commissioner of Wayne County on a salary basis in lieu of a fee system, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 738. By Mr. Thomas of the 77th:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of Jesup, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
1704
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 739. By Messrs. Fleming and Simkins of the 106th, Snellings and Hull of the 104th and Sherman of the 105th:
A Bill to be entitled an Act to provide for the appointment of an Executive Secretary and Calendar Clerk to the judge or judges presiding in civil matters in the superior courts of counties having a certain population, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 740. By Messrs. Fleming and Simkins of the 106th, DeLong and Sherman of the 105th, Snellings and Hull of the 104th:
A Bill to be entitled an Act to amend an Act so as to change the maximum compensation paid certain employees of certain officers in certain counties, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 741. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, and Snellings and Hull of the 104th:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the stenographer-clerks of certain 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.
MONDAY, FEBRUARY 14, 1966
1705
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 742. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th and Snellings and Hull of the 104th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the secretary to the judges of the city 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 743. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th and Snellings and Hull of the 104th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the clerk for the office of solicitor of the city court of certain counties, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 744. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th and Snellings and Hull of the 104th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the assistant solicitor of the city court of certain counties, and for other purposes.
1706
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 745. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th and Snellings and Hull of the 104th:
A Bill to be entitled an Act to create the office of Building Inspector for 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 755. By Mr. Conner of the 91st:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the chairman of the Board of Commissioners of Roads and Revenues for Bacon 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 756. By Mr. Conner of the 91st:
A Bill to be entitled an Act to enable Bacon County and the City of Alma to establish a joint planning commission, and for other purposes.
MONDAY, FEBRUARY 14, 1966
1707
The report of the Committee, which was favorable to the passage of the Bill, was 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 757. By Mr. Conner of the 91st:
A Bill to be entitled an Act to incorporate the City of Denton in Jeff Davis County, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 618. By Messrs. Drew of the 116th, Kiley and Tye of the 115th and others:
A Bill to be entitled an Act to amend Code Section 88-202 so as to provide for the manner of appointing certain members of county boards of health in certain counties, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 710. By Mr. Doster of the 73rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lumber City, so as to change the hours for which the polls shall remain open on election days; to provide voting machines; and for other purposes.
1708
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 HO, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 175. By Senators Yancey of the 33rd and Kendrick of the 32nd:
A Bill to be entitled an Act to abolish the office of Coroner of Cobb County; to create the office of medical examiner; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was 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 149. By Senators Thompson of the 34th, Coggin of the 35th, Ward of the 39th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to incorporate the City of Hapeville"; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 148. By Senators Thompson of the 34th, Coggin of the 35th, 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 East Point; and for other purposes.
MONDAY, FEBRUARY 14, 1966
1709
The report of the Committee, which was favorable to the passage of the Bill, was 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 703. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to amend an Act so as to provide that candidates for mayor and councilmen of the City of Ocilla must receive a majority of the votes cast, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs, moves to amend HB 703 as follows:
By inserting in the title between the words "city elections" and the word "to" the following:
"to provide for severability"
By renumbering Section 4 as Section 5.
By adding a new Section 4 to read as follows:
Section 4. 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 in valid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
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.
1710
JOURNAL OF THE HOUSE,
HB 717. By Messrs. Sherman of the 105th, Simkins and Fleming of the 106th, Snellings of the 104th and DeLong of the 105th:
A Bill to be entitled an Act to amend the charter of the City of Augusta, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend the Charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved Jan uary 31, 1798 (Ga. Laws 1798), as amended by an Act approved Feb ruary 28, 1945 (Ga. Laws 1945, p. 813), entitled "Augusta Employees' Pension Fund", as subsequently amended, so as to provide an alternative form of retirement pension authorizing a permanent employee, entitled to retirement under said Act, to receive a reduced pension for his life time in consideration of the payment to his spouse after his death, for the lifetime of the spouse, of a pension equal to one-half of the em ployee's reduced pension, the amount thereof to be com'puted actuarially; to provide for the filing of notice of election for such alternative form of pension; and to provide further that such alternative form of pension shall be authorized only if the permanent employee waives certain of his rights to receive increased pension payments provided for in Section 24 of said Act approved February 28, 1945; to provide that a widow or dependent child or children of an employee killed in the line of duty may elect to receive a pension computed at 25% of the employee's salary after the benefits of the Workmen's Compensation Laws expire or, in the alternative, that in the case of the death before retirement of an employee entitled to retirement under any of said Acts, the total amount of all contributions made by him to the applicable pension fund shall be payable, without interest, to his surviving spouse or, if none, to designated beneficiaries or to his estate; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, and it is hereby enacted by the authority of the same.
SECTION I
That the Charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved January 31, 1798 (Ga. Laws 1798), as amended by the various amendatory Acts thereof, and especial ly as amended by an Act approved February 28, 1945 (Ga. Laws 1945, p. 813), entitled "Augusta Employees' Pension Fund", as subsequently amended as follows:
By adding to said Act approved February 28, 1945, immediately following Section 14 thereof, a new section to be known as Section 14-A, to provide as follows:
"Section 14-A. That any permanent employee entitled to re tirement under the provisions of Section 14 hereof may, subject to
MONDAY, FEBRUARY 14, 1966
1711
such rules and regulations as the City Council may from time to time establish, and subject to the conditions hereinafter set forth, elect to receive a reduced pension with the provision that one half of such reduced pension shall be continued after his death to his spouse named in such election for so long as his spouse lives. The reduced pension shall be in such amount as shall be determined by The City Council of Augusta, on the advice of the City Comp troller, to be the actuarial equivalent of the pension that would have been payable had not the election been made. As a condition for the exercise of such election, such employee shall, in writing, at the time of filing his election, agree to a partial waiver of his rights under Section 24 hereof, such agreement to provide that any increase in pension which he would otherwise be entitled to receive had he not made the said election, shall be reduced by the amount of 50% thereof as to the pension which he shall receive for his lifetime, and further, that the pension which his spouse shall receive after his death shall not be subject to any increase pursuant to the provisions of Section 24 hereof. Unless the em ployee files a written notice of his election hereunder with the Comptroller at least three years before he becomes eligible for retirement, he shall be required to pass a satisfactory physical examination at the time of making such election, provided, however, that any employee having completed 25 years of service within 30 days after the effective date of this Act and who files notice of such election with the Comptroller within 90 days after the effec tive date of this Act, shall be authorized to make such election . without being required to pass a physical examination."
SECTION 2.
Said Act is further amended by adding after Section 16 a new section to be known as Section 16A to read as follows:
"Section 16A. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same that the widow of an employee who is killed in line of duty, as hereinafter defined, may elect, in lieu of receiving a refund of pension contributions under the provisions of Section 20 of said Act approved February 25, 1945 (Ga. Laws 1945, p. 813), to receive a pension computed at 25% of said employee's monthly salary or wages at the time of his death, which shall be payable monthly to the said widow, until her death or remarriage, or in the event of her death leaving a child or children of the said employee surviving her, who have not reached their 18th birthday, said pension shall be continued to be paid for the benefit of such child or children as long as they remain unmarried and until they reach their 18th birthday; and if there be no widow living at the time of the death of such em ployee killed as herein defined, but there be a child or children of said employee living as of said date who have not reached their 18th birthday, the guardian of said children may make a similar election as that approved for a widow and, in the event such elec tion is made, a pension in said amount shall be paid for the benefit of such child or children as long as they remain unmarried and until they reach their 18th birthday. As used herein, "killed in line of duty" shall mean killed while actively performing the pre-
1712
JOURNAL OF THE HOUSE,
scribed duties of the employee's job and not resulting from any misconduct or negligence of such employee; provided, however, that no payments shall be made under the provisions of this Section until such date as any monthly benefits provided under the Work men's Compensation Laws of Georgia shall have ceased."
SECTION 3
That the effective date of this Act shall be the date on which the same is approved by the Governor.
SECTION 4
All laws and parts of laws in conflict with this Act are hereby repealed.
AFFIDAVIT OF PUBLICATION
Attorney or Agency W. A. Eowe.
Business --..........,,,,__.,,..._..._.--....--,,_.._.._.
STATE OF GEORGIA )
Richmond County )
Personally appeared, W. S. Morris, who being duly sworn says that he is an officer of Southeastern Newspapers Corporation, publishers of The Augusta Herald a daily newspaper in Augusta, in said State and County, and that the advertisement Notice Of Intention To Apply For Local Legislation duly appeared in said newspaper on the following dates to wit: January-14-21-28-1966.
Is/ W. S. Morris, Pres.
Sworn to and subscribed before me, this 28th day of January, 1966.
/s/ A. M. LeRoy Notary Public, Richmond County, Ga. (Seal).
NOTICE OF INTENTION
TO APPLY FOR LOCAL LEGISLATION
Notice is hereby given that local legislation will be introduced at the Regular January-February 1966 session of the General Assembly of Georgia, which will amend the Charter of the City of Augusta as amended by Georgia Laws 1945, pages 813-829 as amended, which is an Act to provide a permanent city employees pension fund for perma nent employees of the City of Augusta as is now and hereinafter
MONDAY, FEBRUARY 14, 1966
1713
constituted, to provide for pension benefits to the surviving widow or widower, child or children or dependent parent of a deceased city employee, also so as to provide for pension benefits to surviving widow or widower, child or children or dependent parent of a city employee who is killed in line of duty; and to increase the contribution paid to the said pension fund and to increase the benefits derived from the said fund, and for other purposes.
This 10th day of January, 1966.
Augusta City & Richmond County Employees Legislative Committee W. A. Rowe, Chairman
Jan. 14, 21, 28
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 718. By Messrs. Sherman and DeLong of the 105th, Simkins and Fleming of the 106th and Snellings of the 104th:
A Bill to be entitled an Act to amend the charter of the City of Augusta, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend the Charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved Jan uary 31, 1798 (Ga. Laws 1798), as amended by the various amendatory Acts thereof, and especially as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1070), entitled "Augusta Retirement System", as subsequently amended, so as to provide that the age at which an employee, other than a policeman or fireman, may retire under the provisions of said Act, after 25 years of continuous service with the City of Augusta, shall be reduced from 65 years to 60 years; to provide a further alternative form of retirement allowance by which an employee would receive a pension at an annual rate of 2% of his annual rate of pay for the last five years of his service, multiplied by the number of years of such service, provided the total amount of such pension shall not exceed 60% of such average annual rate; to
1714
JOURNAL OP THE HOUSE,
provide for certain optional additional benefits; to provide that a widow or dependent child or children of an employee killed in the line of duty may elect to receive a pension computed at 25% of the em ployee's salary after the benefits of the Workmen's Compensation Laws expire or, in the alternative, that in the case of the death before retire ment of an employee entitled to retirement under any of said Acts, the total amount of all contributions made by him to the applicable pension fund shall be payable, without interest, to his surviving spouse or, if none, to designated beneficiaries or to his estate; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
That the Charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved January 31, 1798 (Ga. Laws 1798), as amended by the various amendatory Acts thereof, and especial ly as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1070), entitled "Augusta Retirement System", be further amended as follows: By striking the word "sixty-five" in line 2 of Paragraph (1) of Section V of said Act approved February 25, 1949 which Section is captioned "Retirement", and substituting therefor the word "sixty", so that said Paragraph (1) of said Section, as amended, shall provide as follows:
"(1) On his own motion upon attaining the age of fifty-five years if a fireman or policeman, or sixty years if employed in any other capacity, provided such employee has had at least twenty-five years of continuous service with the city."
SECTION 2
That the said Charter be further amended as follows: By deleting the period following Section VII of said Act, approved February 25, 1949, said Section being captioned "Amount of Retirement Allowance", and substituting therefor a semi-colon, and by adding thereafter the following:
"; provided that any such employee may, subject to such rules and regulations as the City Council may from time to time establish, elect to receive a pension for his lifetime, payable monthly, at an annual rate amounting to 2% of his average annual rate of pay for the last five years of his service, multiplied by the number of years of such service, the annual amount thereof, however, not to exceed 60% of the said average annual rate of pay."
SECTION 3
That said Chapter be further amended as follows: By adding be tween Sections VIII and IX of said Act, approved February 25, 1949 (Ga. Laws 1949, p. 1070), a new section to be designated Section VIII. A. to read as follows:
MONDAY, FEBRUARY 14, 1966
1715
"Section VIII.A. That the widow of an employee who is killed in line of duty, as hereinafter defined, may elect, in lieu of re ceiving a refund of pension contributions under the provisions of Section IX of said Act, approved February 25, 1949 (Ga. Laws 1949, p. 1070), to receive a pension computed at 25% of said em ployee's monthly salary or wages at the time of his death, which shall be payable monthly to the said widow, until her death or remarriage, or in the event of her death leaving a child or children of the said employee surviving her, who have not reached their 18th birthday, said pension shall be continued to be paid for the benefit of such child or children as long as they remain unmarried
and until they reach their 18th birthday; and if there be no widow living at the time of the death of such employee killed as herein defined, but there be a child or children of said employee living as of said date who have not reached their 18th birthday, the guardian of said children may make a similar election as that provided for a widow and, in the event such election is made, a pension in said amount shall be paid for the benefit of such child or children as long as they remain unmarried and until they reach their 18th birthday. As used herein, "killed in line of duty" shall mean killed while actively performing the prescribed duties of the employee's job and not resulting from any misconduct or negligence of such employee; provided, however, that no payments shall be made under the provisions of this Section until such date as any monthly benefits provided under the Workmen's Compensation
Laws of Georgia shall have ceased."
SECTION 4
That the effective date of this Act shall be the date of its approval by the Governor.
SECTION 5
That all laws and parts of laws in conflict herewith are hereby repealed.
AFFIDAVIT OF PUBLICATION
Attorney or Agency W. A. Rowe
/s/ W. A. Rowe
Business _~_.____,,____,,__,,_,,-__,,______.__..___..._.,,.._
STATE OF GEORGIA) Richmond County )
Personally appeared W. S. Morris, who being duly sworn says that he is an officer of Southeastern Newspapers Corporation, pub lishers of The Augusta Herald a daily newspaper in Augusta, in said State and County, and that the advertisement Notice Of Intention To Apply For Local Legislation, duly appeared in said newspaper on the following dates to wit: January-14-21-28-1966.
/s/ W. S. Morris, Pres.
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JOURNAL OF THE HOUSE,
Sworn to and subscribed before me, this 28th day of January, 1966.
/a/ A. M. LeRoy Notary Public, Richmond County, Ga. (Seal).
LEGAL NOTICES
NOTICE OP INTENTION TO APPLY FOR LOCAL LEGISLATION
Notice is hereby given that local legislation will be introduced at the Regular January - February 1966 Session of the General Assembly of Georgia, which will amend the charter of the City of Augusta, in corporated as The City Council of Augusta as amended by the Act approved January 31, 1798 (Georgia Laws 1798), amended by an Act approved August 17, 1925 (Georgia Laws 1925, pages 867-872, inclu sive), designated as "Augusta Fireman's Pension Act 1923 amended," as amended by an Act approved March 23, 1933 (Georgia Laws 1933, pages 866-868), designated as "Augusta Policeman's Pension," as amended by an Act approved March 3, 1943 (Georgia Laws 1943, pages 1239-1256) designated as "Augusta Charter Amendment'," as amended by Georgia Laws 1945, pages 782-786 so as to provide for pension benefits to the surviving widow or widower, child or children or de pendent parent of a deceased fireman or policeman, also so as to provide for pension benefits to surviving widow or widower, child or children or dependent parent of a fireman or policeman who is killed in line of duty; and to increase the contribution paid to the said pension fund and to increase the benefits' derived from the said pension fund and for other purposes.
This 10th day of January, 1966.
Jan. 14, 21 & 28.
Augusta City & Richmond County Employees Legislative Committee W. A. Rowe, Chairman
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.
MONDAY, FEBRUARY 14, 1966
1717
HB 719. By Messrs. Sherman and DeLong of the 105th, Simkins and Fleming of the 106th and Snellings of the 104th:
A Bill to be entitled an Act to amend the charter of the City of Augusta, and for other purposes.
The following committee substitute was read and adopted:
A BILL
To be entitled an Act to amend the Charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved Janu ary 31, 1798 (Ga. Laws 1798), as amended by the various amendatory Acts thereof, and especially as amended by an Act approved August 17, 1925 (Ga. Laws 1925, p. 867), designated "Augusta Firemen's Pen sions", by an Act approved March 23, 1933 (Ga. Laws 1933, p. 866), designated "Augusta Policemen's Pension", and by an Act approved February 23, 1945 (Ga. Laws 1945, p. 782), designated "Augusta Fire men's and Policemen's Pensions", as each has been subsequently amended, so as to provide an alternative form of retirement pension authorizing an employee, entitled to retirement under any of said Acts, to receive a reduced pension for his lifetime in consideration of the payment to his spouse after his death, for the lifetime of the spouse, of a pension equal to one-half of the employee's reduced pension, the amount thereof to be computed actuarially; to provide further for the filing of notice of election for such alternative form of pension; to provide further that such alternative form of pension shall be author ized only if the permanent employee waives certain of his rights to receive increased pension payments provided for in Section 8 of said Act approved August 17, 1925, so as to provide that a widow or de pendent child or children of an employee killed in the line of duty may elect to receive a pension computed at 25% of the employee's salary after the benefits of the Workmen's Compensation Laws expire or, in the alternative, that in the case of the death before retirement of an employee entitled to retirement under any of said Acts, the total amount of all contributions made by him to the applicable pension fund shall be payable, without interest, to his surviving spouse or, if none, to designated beneficiaries or to his estate; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
That the Charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved January 31, 1798 (Ga. Laws 1798), as amended by the various amendatory Acts thereof, and especial ly as amended by an Act approved August 17, 1925 (Ga. Laws 1925, p. 867), designated "Augusta Firemen's Pensions", by an Act approved March 23, 1933 (Ga. Laws 1933, p. 866), designated "Augusta Police men's Pensions", and by an Act approved February 23, 1945 (Ga. Laws 1945, p. 782), designated "Augusta Firemen's and Policemen's Pen-
1718
JOURNAL OF THE HOUSE,
sions", as each has been subsequently amended, be further amended as follows: By adding immediately following Section 8 of said Act approved August 17, 1925, a new section to be known as Section 8-A, to provide as follows:
"Section 8-A. Be it further enacted by the authority afore said, and it is hereby enacted by the authority of the same that any employee entitled to retire under the provisions of Section 8 hereof may, subject to such rules and regulations as the City Council may from time to time establish, and subject to the condi tions hereinafter set forth, elect to receive a reduced pension with the provision that one-half of such reduced pension shall be con tinued after his death to his spouse named in such election for so long as his spouse lives. The reduced pension shall be in such amount as shall be determined by the City Council of Augusta, on the advice of the City Comptroller, to be the actuarial equivalent of the pension that would have been payable had not the election been made. As a condition for the exercise of such election, such employees shall, in writing, at the time of filing his election, agree to a partial waiver of his rights under Section 8 hereof, such agreement to provide that any increase in pension which he would otherwise be entitled to receive had he not made the said election, shall be reduced by the amount of 50% thereof as to the pension which he shall receive for his lifetime, and further, that the pen sion which his spouse shall receive after his death shall not be subject to any increase pursuant to the provisions of Section 8 hereof. Unless the employee files a written notice of his election hereunder with the Comptroller at least three years before he be comes eligible for retirement, he shall be required to pass a satisfactoray physical examination at the time of making such election, provided, however, that any employee having completed 25 years of service within SO days after the effective date of this Act and who files notice of such election with the Comptroller within 90 day after the effective date of this Act, shall be authorized to make such election without being required to pass a physical examina tion."
SECTION 2
The said Charter be further amended as follows: By adding im mediately following Section 8-A a new section to be known as Section 8-B to provide as follows:
"Section 8-B. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same that the widow of an employee who is killed in line of duty, as hereinafter defined, may elect, in lieu of receiving a refund of pension contributions under the provisions of Section 9-A hereof, to receive a pension computed at 25% of said employee's monthly salary or wages at the time of his death, which shall be payable monthly to the said widow, until her death or remarriage, or in the event of her death leaving a child or children of the said employee surviving her, who have not reached their 18th birthday, said pension shall be
continued to be paid for the benefit of such child or children as long as they remain unmarried and until they reach their 18th
MONDAY, FEBRUARY 14, 1966
1719
birthday; and if there be no widow living at the time of the death of such employee killed as herein defined, but there be a child or children of said employee living as of said date who have not reached their 18th birthday, the guardian of said children may make a similar election as that provided for a widow and, in the event such election is made, a pension in said amount shall be paid for the benefit of such child or children as long as they remain un married and until they reach their 18th birthday. As used herein, "killed in line of duty" shall mean killed while actively performing the prescribed duties of the employee's job and not resulting from any misconduct or negligence of such employee; provided, however, that no payments shall be made under the provisions of this Section until such date as any monthly benefits provided under the Work men's Compensation Laws of Georgia shall have ceased."
SECTION 3
That the said Charter be further amended as follows: By adding immediately following Section 9 thereof a new section to be known as Section 9-A to provide as follows:
"Section 9-A. Be it further enacted by the authority afore said and it is hereby enacted by authority of the same that should an employee who is contributing to the pension fund created hereunder die prior to retirement but while still an employee of the City of Augusta, and there be no election on the part of the sur viving widow or the guardian of the minor children of the deceased employee to receive benefits under the provisions of Section 8-B hereof, the total amount of all contributions made by him to the said pension fund shall, on request, be payable, without interest, to his surviving spouse, or if none, to such beneficiaries thereof as may be designated in writing and filed with the Comptroller of the City of Augusta; or if none be designated, then to his estate; provided that if no such request is made within four years after the employee's death, such contributions shall revert to the fund."
SECTION 4
That these amendments shall apply to each of the three pension Acts herein referred to, being those approved August 17, 1925, March 23, 1933, and February 23, 1945, respectively, and to the respective pension funds created thereunder and the beneficiaries thereof.
SECTION 5
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 0.
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JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HR 316-719. By Mr. Anderson of the 71st:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Pulaski County-Hawkinsville Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article V, Section IX of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Pulaski County to be known as the Pulaski County-Hawkinsville Development Authority, which shall be an instrumentality of Pu laski County and the City of Hawkinsville and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of nine members as follows:
(1) One member shall be the Commissioner of Roads and Rev enues of Pulaski County.
(2) One member shall be appointed by the Commissioner of Roads and Revenues of Pulaski County.
(3) One member shall be the Chairman of the Board of Com missioners of the City of Hawkinsville.
(4) One member shall be appointed by the Board of Commis sioners of the City of Hawkinsville.
(5) One member shall be the chief executive officer of the Bank of Finleyson.
(6) One member shall be the chief executive officer of Plantersville Bank of Hawkinsville.
(7) One member shall be the chief executive officer of the Pulaski Banking Company of Hawkinsville.
MONDAY, FEBRUARY 14, 1966
1721
(8) One member shall be the President of the Pulaski County Farm Bureau.
(9) One member shall be the Chairman of the Pulaski County Development Board.
All members, except those appointed by the Commissioner of Roads and Revenues of Pulaski County and the Board of Commissioners of the City of Hawkinsville, shall hold office as members of the Authority concurrent with their holding the office or holding the position desig nated herein. The members appointed by the Commissioner of Roads and Revenues of Pulaski County and by the Board of Commissioners of the City of Hawkinsville shall be appointed for terms of two years and until their successors are appointed and qualified. Successors to such appointees shall be appointed by the original appointing author ities for terms of two years and until their successors are appointed and qualified. Any vacancies, except vacancies of the members ap pointed by the Commissioners of Roads and Revenues of Pulaski County and by the Board of Commissoners of the City of Hawkinsville which shall be filled for the unexpired term by the appointing authorities, shall be filled by a majority of the remaining members. A majority of the members shall constitute a quorum for the transaction of busi ness, but 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 Pulaski County and the City of Hawkinsville.
"D. The powers of the Authority shall include, but not be limited to, the power:
(1) To receive and administer gifts, grants and donations and to administer trusts;
(2) To borrow money, to issue notes, bonds and revenue certifi cates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
(4) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
(5) To encourage and promote the expansion and development of industrial and commercial facilities in Pulaski County and the
1722
JOURNAL OF THE HOUSE,
City of Hawkinsville, and to that end to acquire by purchase or gift any building or structure within said county or city suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction there on of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodel ing, renovating, reconstruction, furnishing and equipping of such building;
(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or pur chaser shall be required to pay all costs of operating and maintain ing the building or buildings and to pay rentals or installments sufficient, together with other revenues, which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking.
(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
(8) To designate officers to sign and act for the Authority generally or in any specific matter;
(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligations against the State of Georgia, Pulaski County or the City of Hawkinsville.
"F. The members of the Authority shall receive no compensa tion for their services to the Authority;
"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Author ity and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Law 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-
MONDAY, FEBRUARY 14, 1966
1723
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 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 Pulaski County or the City of Hawkinsville to pay any of the said obligations of said Authority.
"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.
"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that the under taking for which the bonds are to be issued will increase employ ment within Pulaski County or the City of Hawkinsville.
"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 Pulaski County and the City of Hawkinsville, subject to any mort gages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.
"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade in Pulaski County and the City of Hawkinsville and reducing un employment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.
"M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first mem bers of the Authority shall take office as members of said Author ity within thirty (30) days after such proclamation.
"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Pulaski County and the City of Hawkinsville and the scope of its operations shall be limited to the territoray embraced within said County and City.
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JOURNAL OF THE HOUSE,
The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the Pulaski County-Hawkinsville
NO ( ) Development Authority?"
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:
The Committee on Local Affairs moves to amend HE 316-719 by adding the following language to end of subparagraph C in Section I:
"The exemptions from taxation herein provided 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:
MONDAY, FEBRUARY 14, 1966
1725
Those voting in the affirmative were Messrs.:
Abney Adams Anderson
Bagby Barber Barfield Bean
Bedgood Bennett Berry Black Blalock Brinkley Brown, B. D. Bryant Byrd Caldwell Carley Games Carr Gates Clarke, H. G. Clark, J. T.. Collins, J. P. Collins, M. Conger Cox Crowe Dailey Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Evensen Farrar Floyd Fulford Funk Gaissert Gaynor Gignilliat
Grahl Grier Hadaway Harrington Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Holder Hood Houston Howard Howell Hutchinson Johnson, Dr. A. S. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Knapp Lambros Land Lane Lea, F. R. Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom
Oglesby Overby Pafford Palmer Parker Parrish Peterson Phillips Powers Reaves Reid Richardson
Roach Ross Rowland Rush Sherman
Sims Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker
Tye Underwood Walling Watkins Watson Webb Westlake Wiggins Williams, W. M. Wilson, J. M.
Wood
Those not voting were Messrs.:
Alexander Alien
Blair Bowen
Brackin Brantley
1726
Brown, C. Brown, M. P. Busbee Chandler Colwell Conner Cook Daugherty Etheridge Fleming Gary Hale Hamilton Harrell Harris, J. F. Harris, J. R.
JOURNAL OF THE HOUSE,
Hill Hull Irvin Johnson, B. Jones, G. Paul Jordan, W. H. Knight Lambert Lee, W. J. (Bill) Leonard Matthews, D. R. McClatchey McCracken Moore, J. H. Nessmith, P. Otwell
Paris Pickard Rainey Russell Savage Shields Smith, J. R. Spikes Townsend Vaughan, D. N. Vaughn, C. R. Ware Wells Williams, G. J. Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 150, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority was adopted, as amended.
HR 319-719. By Mr. Anderson of the 71st:
A RESOLUTION
Proposing an amendment so as to create the Bleckley-Cochran In dustrial Development Authority; to provide for powers, authority, funds, purposes and procedures connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article V, Section IX, of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic of Bleckley County to be known as the Bleckley-Cochran Industrial Development Authority which shall be an instrumentality of Bleckley County and the City of Cochran and a public corporation and which in this amendment is hereinafter referred to as the 'Authority'.
"B. The Authority shall consist of the Commissioner of Roads and Revenues of Bleckley County, the Mayor of the City of Cochran,
MONDAY, FEBRUARY 14, 1966
1727
the President of the Cochran-Bleckley Development Corporation, the President of the Cochran-Bleckley Industrial Park, the chief executive officer of the State Bank of Cochran, the chief executive officer of the Cook Banking Company, one member to be appointed by the Commissioner of Roads and Revenues of Bleckley County and one member to be appointed by the Mayor of the City of Cochran. All members, except those appointed by the Commissioner of Roads and Revenues of Bleckley County and the Mayor of the City of Cochran, shall hold office as members of the Authority concurrent with their respective terms of office in the position designated herein. The appointed members shall serve for a term of two (2) years each and until their successors are appointed and qualified. Vacancies for unexpired terms of appointed mem bers shall be filled by the Commissioner of Roads and Revenues of Bleckley County and the Mayor of the City of Cochran in the same manner as appointments. The appointed members shall be eligible for reappointment. A majority of the members of the Authority shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power and authority to act. Any vacancies except those of the members appointed by the Commissioner of Roads and Revenues of Bleckley County and the Mayor of the City of Cochran, shall be filled by a majority of the remaining members.
"C. The property, obligations and the interest on the obliga tions 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 Bleckley County and the City of Cochran.
"D. The powers of the Authority shall include, but not limited to, the power:
(1) To receive and administer gifts, grants and donations and to administer trusts;
(2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
(4) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
(5) To encourage and promote the expansion and development of industrial and commercial facilities in Bleckley County and the
1728
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City of Cochran, and to that end to acquire by purchase or gift any building or structure within aforesaid territorial limits suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction there on of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such build ing;
(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and main taining the building or buildings and to pay rentals or installments sufficient, together with other revenues, which may be pledged for the purpose, to retire all bonds, both prinicipal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking.
(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
(8) To designate officers to sign and act for the Authority generally or in any specific matter;
(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia, Bleckley County or the City of Cochran.
"F. The members of the Authority shall receive no compen sation for their services to the Authority.
"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Au thority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this
MONDAY, FEBRUARY 14, 1966
1729
amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Bleckley County or the City of Cochran to pay any of the said obligations of said Authority.
"H. The Authority may authorize additional bonds, for ex tensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become neces sary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provi.lei in ills authorizing praceedings.
"I. No bonds except refunding bonds shall be issued here under unless the Authority shall have found and declared that the undertaking for which the bonds are to be issued will increase employment within the territorial limits herein designated.
"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 Bleckley County and the City of Cochran subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.
"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade in Bleckley County and the City of Cochran and reducing unemploy ment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.
"M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.
"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Bleckley County and the City of Cochran and the scope of its operations shall be limited to the territory embraced within said county and city. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."
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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 provide for NO ( ) the Bleckley-Cochran Development Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HR 319-719 by adding the following language to end of Suhparagraph C in Section I.
"The exemptions from taxation herein provided 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 Adams Anderson
Bagby Barber Barfield
Bean Bedgood Bennett
Berry Black Blalock Brinkley Brown, B. D. Bryant Byrd Caldwell Carley Carnes Carr Gates Ciarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Conger
Cox Crowe Dailey Da vis Dean DeLong Dickinson
Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Evensen Farrar Floyd Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Harrington Harris, R. W. Harrison
MONDAY, FEBRUARY 14, 1966
1731
Hawkins Henderson Herndon Higginbotham Holder Hood Houston Howard Howell Hutchinson Johnson, A. S. Dr. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Knapp Lambros Land Lane Lea, F. R. Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Maddox M alone Marshall Matthews, C. Mauldin McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford
Palmer Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rowland Rush Sherman Sims Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Walling Watkins Watson Webb Westlake Wiggins Williams, W. M. Wilson, J. M. Wood
Those not voting were Messrs.:
Alexander Alien Blair Bo wen
Brackin Brantley Brown, C. Brown, M. P.
Busbee Chandler Colwell Conner
1732
Cook Daugherty Etheridge Fleming Gary Hale Hamilton Harrell Harris, J. F. Harris, J. R. Hill Hull Irvin Johnson, B.
JOURNAL OF THE HOUSE,
Jones, G. Paul Jordan, W. H. Knight Lambert Lee, W. J. (Bill) Leonard Matthews, D. R. McClatchey McCracken Moore, J. H. Nessmith, P. Otwell Paris Pickard
Eainey Russell Savage Shields Smith, J. R. Spikes Townsend Vaughan, D. N. Vaughn, C. R. Ware Wells Williams, G. J. Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 150, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 320-721. By Messrs. Story and Watson of the 22nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to create a fivemember Board of Commissioners of Roads and Revenues for Gwinnett County and to provide for a county manager form of government there in; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"Section 1. Board of Commissioners created. At the time and in the manner hereinafter provided for, there is hereby created in and for the County of Gwinnett a Board of Commissioners of Roads and Revenues to be elected and organized as hereinafter set forth, which board of commissioners shall constitute the governing authority of said county and shall exercise the powers, duties and responsibilities herein vested in and imposed upon said officers. The term 'commission' wherever employed herein, shall mean the Board of Commissioners of Roads and Revenues, including the chairman and all members.
Section 2. (A). Commissioner Districts. The commission establish ed herein shall consist of five (5) members. All such members shall be elected by the qualified voters of their commission district and each
MONDAY, FEBRUARY 14, 1966
1733
candidate for membership on the commission shall be a resident of their commissioner district, hereinafter created, which he offers to represent, and no two members of the commission shall reside in the same com missioner district. In all elections held pursuant to this Act, each candidate shall designate the post for which he offers, and the candidate receiving the largest number of votes shall be declared elected to represent his district. For the purpose of the election of commission members, Gwinnett County is hereby divided into five (5) commissioner districts to be constituted and designated as follows:
Commissioner District Number One shall include all that territory embraced within the following militia districts: Georgia Militia District No. 407, the same being known as the Lawrenceville District; Georgia Militia District No. 1587, the same being known as the Rocky Creek District; Georgia Militia District No. 1564, the same being known as the Dacula District; and Georgia Militia District No. 478, the same being known as the Harbins District.
Commissioner District Number Two shall include all that territory embraced within the following militia districts: Georgia Militia District No. 550, the same being known as the Sugar Hill District; Georgia Militia District No. 444, the same being known as the Hog Mountain District; Georgia Militia District No. 1397, the same being known as the Pucketts District; Georgia Militia District No. 1749, the same being known as the Duncans District.
Commissioner District Number Three shall be all of Georgia Militia District No. 406, the same being known as the Pinkneyville District; Georgia Militia District No. 405, the same being known as the Berkshire District.
Commissioner District Number Four shall be all of Georgia Militia District No. 1578, the same being known as the Garner District; Georgia Militia District No. 408, the same being known as the Gates District; Georgia Militia District No. 1295, the same being known as the Bay Creek District; Georgia Militia District No. 571, the same being known as the Rockbridge District.
Commissioner District Number Five shall be all of Georgia Militia District No. 1263, the same being known as the Duluth District; Georgia Militia District No. 1604, the same being known as the Suwanee District; Georgia Militia District No. 404, the same being known as the Goodwin District; Georgia Militia District No. 544, the same being known as the Martins District.
(B). Qualifications of commission members. Members of the Commission shall be citizens of this State who have attained the age of thirty (30) years and who have been residents of their respective commissioner district for not less than two years preceding their elec tion, and shall hold no other elective public office.
Section 3. Election and term of commission members. The members of the commission created herein to represent commissioner districts shall be elected at the general election held for members of the General
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JOURNAL OF THE HOUSE,
Assembly in 1968, and their terms shall commence on January 1, 1969. Other than elections to fill vacancies for unexpired terms, they shall serve for terms of four years each and until their respective successors are elected and qualified.
Section 4. Election returns; vacancies. In all elections for members of the commission held pursuant to this Act, the returns shall be canvassed and the results of same certified as provided by law for elections for members of the General Assembly, and the persons so certified shall be declared and deemed to be elected to such office. In the event of a vacancy in the office of a member of the com mission whose unexpired term exceeds one hundred eighty (180) days, it shall be the duty of the ordinary to call a special election for the filling of such vacancy, which election shall be governed by the general laws of force in this State in regard to special elections for the filling of vacancies. In the event such unexpired term does not exceed one-hun dred eighty (180) days, it shall be the duty of the ordinary to fill the vacancy by appointment.
Section 5. Recall of commission member. Any member of the com mission shall be subject to a recall election at any time after nine months of his term has expired. The petition for any such recall election must be signed by not less than twenty-five percent (25%) of the qualified registered voters of said member's commission district, and shall be filed in the office of the ordinary of said county. No such petition shall be filed with the ordinary, however, unless there is attached thereto a certificate executed by the registrar or deputy registrar having charge of voters' registration cards in Gwinnett Co. certifying that the names appearing on said petition have been verified by comparison with the list of qualified, registered voters maintained by him, and that the names appearing thereon constitute not less than twenty-five percent (25%) of such voters. Such certificate shall be furnished by said registrar or deputy registrar within thirty (30) days from the date such petition is presented to him for certification. When such certified petition has been so filled with the ordinary, it shall be his duty to call an election to be held not more than thirty (30) days from the date of filing of such petition with him, and to fix the date thereof, and cause notice thereof to be published in the county gazette at least twice before each such election. The ballots or voting machines employed in such election shall state the name of the officer whose recall has been petitioned, the office which he holds, and the dates of the beginning and termination of his official term, and shall be prepared so as to enable voters in such election to vote "For recall of the above named officer" or " Against recall of the above named officer." The ordinary shall forth with publish the results of such election, and if a majority of those voting in such election have voted in favor of recall, the office in question shall be vacated from the date of such publication, and the officer so recalled shall not be eligible to election or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the official shall retain his office. Vacancies created by a recall election shall be filled in the same manner as herein provided for the filling of other vacancies. If in the opinion of the ordinary it is practicable to do so, said election may be held in accordance with the Act approved March 28, 1947 (Ga. Laws 1947, p. 1203), by the use of vot-
MONDAY, FEBRUARY 14, 1966
173&
ing machines. No officer subject to the provisions of this section shall be subject to more than one recall election during a term of office.
Section 6. Oaths and bond. Before entering upon the discharge of their duties, the members of the commission shall subscribe an oath before the ordinary of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. Each member of the board shall give like bond in the sum of ten thousand dollars ($10,000.00). The costs of said bonds shall be paid out of the county treasury.
Section 7. Compensation. Members of the commission herein created shall be paid their entire compensation for services as same the sum of one hundred dollars ($100.00) each per month to be paid out of the county treasury upon warrants drawn upon the county treasury. The salary so fixed shall constitute the entire compensation to which a com mission member shall be entitled.
Section 8. Chairman. At the first regular meeting in January of each year, the commission shall elect from its members, a chairman and vice-chairman. The chairman shall preside at all commission meet ings. The vice-chairman shall preside at commission meetings in the absence of the chairman, and both chairman and vice-chairman shall serve for the current calendar year. In the event of a vacancy in the office of chairman or vice-chairman, the commission shall elect a new chairman to serve for the remainder of the calendar year.
Section 9. Meetings. The board of commissioners shall hold regular meetings on the second and fourth Tuesdays of each month at 2:00 o'clock P.M. at the county seat, which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by any three members of the commission, provided all members shall have been notified at least three days in advance of such special meeting. No official action shall be taken by the commission except in a meeting which is open to the public. Any four (4) members of the commission shall constitute a quorum, except that a lesser number shall be sufficient to recess or adjourn any meeting; but no official action shall be taken except upon the affirmative vote of a least three members of the commission. The chairman shall be entitled to the voting rights as other commission members on questions considered by the commission.
Section 10. The commission. The commission shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules and regulations governing all matters re served to its exclusive jurisdiction, which policies, rules and regulations, when so adopted, with proper entry thereof made on the commission minutes, shall be conclusive and binding on the county manager. The policies, rules and regulations, when so adopted, by the commission, shall be carried out, executed and enforced by the county manager as chief executive officer of the county, and the commission shall exercise only those administrative powers which are necessarily and properly incident to its function as a policy-making or rule-making body or which are necessary to campel enforcement of its adopted resolutions. Any action taken by said county manager which is in conflict with such adopted resolutions and which deals with matters exclusively reserved
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to the jurisdiction of the commission shall be null, void and of no effect. The following powers are hereby vested in the Commission and reserved to its exclusive jurisdiction:
(a) To levy taxes.
(b) To make appropriations.
(c) To fix the rates of all other charges.
(d) To authorize the incurring of indebtedness.
(e) To order work done where the cost is to be assessed against benefited property, and to fix the basis for such assessment.
(f) To authorize contracts, except contracts of employment, involving the expenditure of county funds in excess of $5,000.00.
(g) To establish, alter, or abolish public roads, private ways, bridges and ferries, according to law, provided, however, that the county manager shall have the authority to accept subdivision plats when the requirements established by the commission for subdivisions have been met.
(h) To establish, abolish, or change election precincts and militia districts according to law.
(i) To allow the insolvent lists for the county.
(j) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county, or by the Commissioner or Board of Com missioners of the county.
(k) To exercise, all powers, duty and authority heretofore improsed upon or vested in the Commissioner of Roads and Revenues of Gwinnett County in respect to zoning and planning.
(1) To create and change the boundaries of special taxing districts authorized by law.
(m) To fix the bonds of county officers where same are not fixed by statute.
(n) To enact any ordinances or other legislation the county may be given authority to enact.
(o) To determine the priority of capital improvements,
(p) To call elections for the voting of bonds.
MONDAY, FEBRUARY 14, 1966
1737
(q) To exercise all of the power and authority heretofore vested by law in the ordinary when sitting for county purposes, and delegated by law to the Commissioner of Roads and Revenues of Gwinnett County, together with all power and authority which may hereafter be delagated by law to the governing authority of the county, by whatever name designated.
Section 11. Reports of officers. The commission shall be empowered to require of all county officers reports on the general or specific conduct of the financial affairs of their respective offices.
Section 12. Appointments to statutory positions. The appointment and removal of, and the compensation to be paid to, persons filling offices and positions created by State statute, where not otherwise prescribed by such statute, shall be made and fixed by the board of com missioners, within budgetary provisions.
ARTICLE III. Internal Organization of County Government.
Section 13. Departments. The internal organization of the county government hereby established subordinate to and as administrative instrumentalities of the commission shall be divided into the following departments:
1. Finance. 2. Water.
3. Public works. 4. Public safety. 5. Fire.
6. Parks and recreation. 7. Law. 8. Buildings and inspections. 9. Sewer. 10. Zoning and planning.
Additional departments may be created, or any two or more de partments may be consolidated, from time to time by a majority of the commission, except that the department of finance shall be maintained at all times as a separate and distinct department.
ARTICLE IV. Fiscal Affairs and Records.
Section 14. Department of finance. The department of finance shall be under the control and supervision of the director of finance, who shall be appointed by the commission or a majority of them. The department of finance shall, pursuant to the resolutions adopted by the commission and instructions given by the county manager, perform the following functions:
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(1) Keep and maintain accurate records reflecting the financial affairs of the county.
(2) Compile, in cooperation with the county manager and county auditor, the annual budget covering all county funds.
(3) Make quarterly allotments of monies appropriated and budgeted to each department, office or agency of the county entitled to receive same.
(4) Maintain current control accounts over the collection and deposit of monies due the county from taxes and other sources.
(5) Maintain budgetary control accounts showing encumbrances for obligations entered into, liquidation of such encumbrances, un encumbered balances of allotments, unexpended balances of allot ments, and unallotted balances of appropriations.
(6) Maintain proprietary accounts of the current assets and of the liabilities of all county funds.
(7) Prepare and issue quarterly financial reports of the opera tions of all county funds.
(8) Establish rules and regulate purchasing service for all county departments, offices and agencies. Formal, three or more, sealed bids, after advertising for same, must be obtained on all purchases exceeding five hundred dollars ($500.00). All bids shall be open at the next regular meeting of the Board of Commission.
(9) Maintain property control records of all county property, including equipment and stores.
(10) Plan and prepare for meeting the financial needs of the county, project financial requirements, recommend means of financ ing those requirements and advise the county manager and com mission on financial matters.
(11) Perform such other duties as may be assigned by the commission.
Section 15. Records, minutes. The director of finance shall be ex officio clerk of the commission, and shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders and proceedings of the commission, in chronological order, and a similar book of minutes wherein shall appear, in chronological order, all acts, orders and proceed ings of the chairman. The minute books of the commission shall be open to public inspection at all times during the regular office hours, and certified copies of any entries therein shall be furnished by the said clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as other funds, to be assessed by the commission in an amount sufficient to defray the cost of preparing same.
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Section 16. Budget and appropriations. The county manager shall submit annually to the commission, not later than December 1st, a proposed budget governing expenditures of all county funds, including capital outlay and public works projects, for the following year. The commission shall thereafter hold a public hearing on the budget, giving notice thereof at least ten (10) days in advance by publication of such notice and of the proposed budget in the official organ of Gwinnett County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the commission at the first regular meeting in February of the year to which it applies, which budget, when so adopted or amended, by the commission, shall constitute the commission's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the commission in a regular meeting and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the county manager shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to same shall be transmitted by the commission chairman to the grand jury of the Sup erior Court of Gwinnett County within ten days from the time such budget or amendment thereof is adopted by the commission.
Section 17. Expenditures by allotments. No expenditure of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the commission. The county manager shall enforce compliance with this provision by all departments of county government, including those for elected officers, and to this end shall, through the director and department of finance, institute a system of quarterly allotments of all monies appropriated and budgeted.
Section 18. Audits. The commission shall on or before January 31st annually employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds, and shall perform a complete audit of the financial records of the county for the ensuing year, pointing out any irregularities found to exist, and re porting the results of such audit to the commission at least quarterly. Each quarterly and annual report submitted to the commission shall be filed with the department of finance and be made available to public inspection as other records in such office. The commission shall cause to be published in the official organ of Gwinnett County and posted at the courthouse door a statement of the financial condition of the county as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Gwinnett County a copy of each quarterly and annual report furnished by him to the commission.
ARTICLE V. Creation of County Manager.
Section 19. There is hereby created the office of county manager of Gwinnett County, Georgia. Not later than six months following ap proval of this Act the county manager shall be elected by a majority vote of the board of county commissioners of roads and revenues of said county, hereinafter referred to as the county commission, for an indefi-
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nite term. In the event of a vacancy in said office from any cause, the county commission shall elect a successor by a majority vote.
Section 20. The county manager may be suspended or removed at the pleasure of the county commission by a majority vote of the county commission. In case of suspension or removal the county manager shall be given a written statement of the reasons for such action. He may within five (5) days from receipt thereof request a public hearing thereon before the county commission which request shall be filed with the Clerk of the county commission. Upon receipt of such request, a hearing shall be set not earlier than ten (10) days, nor later than fifteen (15) days from the date of such request. Pending such hearing, and until final action has been taken thereon, the county manager may be suspend ed from office and all of the duties thereof performed by some other person designated by the county commission to perform such duties. The action of the county commission in suspending or removing the county manager shall be final.
Section 21. No person shall be county manager before he shall have attained his thirtieth (30th) birthday, but shall not be eligible to hold the office after he reaches the age of sixty-fix (65) years. He shall be of good character, be of proven executive ability and experience. No person related by blood or marriage within the third degree, to any member of the county commission, or who is a member of the county commission, or holder of a public elective office in the county or in any city or town political subdivision located within the territorial limits of the county at the time of his appointment or one year prior thereto, shall be eligible for appointment as county manager.
Section 22. Before entering upon his duties, the county manager shall take and subscribe an oath, for the faithful performance of his duties under this Act, which oath shall be duly entered on the minutes of the county commission.
Section 23. The county manager shall be the Chief Executive officer of the county. It shall be his duty to execute all lawful orders, directions, instructions, and all rules and regulations adopted by the county com mission consistent with this Act and entered upon the minutes of said county commission. He shall have supervision over all employees of the county now or hereafter subject to the jurisdiction of the county com mission. The county manager shall be the appointing authority for the heads of all departments where the power of appointment is now or hereafter vested in the county commission, except the county attorneys, auditors and director of finance. Subject to Civil Service rules and regulations, where applicable, the county manager shall be the appoint ing authority for all employees whose appointment is now or hereafter vested in the county commission, and shall have the right to employ and discharge the same; and subject to Civil Service rules and regulations to prepare and to recommend salary scales for all county employees; to prescribe the duties and supervise the work of county employees; to require reports from heads of departments, and other employees trusted with administrative duties or exercising discretion. The county manager shall have at all times the authority to examine all books and papers of every officer and department of the county.
Section 24. Subject to rules established by the county commission, the county manager shall authorize all purchases for the county, subject
MONDAY, FEBRUARY 14, 1966
1741
only to the laws requiring advertisement and bids. He shall approve all requests for supplies and materials before same shall be delivered from any county warehouse or storage, shall supervise the disbursement of all county funds, and shall render such reports as may be required by the county commission. The county manager may delegate purely admin istrative duties to subordinates in the county government, whose work the county manager shall supervise and direct; provided, however, the delegation or assignment of duties to subordinates shall not relieve the county manager from his responsibilities for administration of county affairs.
Section 25. The county manager shall not engage in or be concerned with any partisan politics or any political campaign. He shall not con tribute to any campaign fund or solicit funds for political purposes from any other person. He shall not appoint any relative as an employee of such county, unless such relative shall qualify and become eligible for appointment under the Civil Service, and be recommended by the Civil Service Board. He shall not be eligible for election as a member of the county commission for a period of four (4) years after termination of his service as county manager.
Section 26. The County manager shall devote his entire time to the duties of his office and shall maintain his office at the courthouse or county office building.
Section 27. As Chief executive Officer of such county, it shall be the duty of the county manager to conduct, supervise and administer all county affairs, subject only to the general law, to rules prescribed by the county commission, and subject to the right of the county commis sion to review, repeal or modify any action of the county manager which is contrary to the general law or such rules, by a vote of a majority of the county commission at any subsequent, regular or called meeting, when such vote thus reviewing, repealing or modifying the action of the county manager shall be entered in writing on the minutes of the county commission.
Section 28. The county manager shall receive all requests for public work, road building, repairs to bridges and roads and public buildings, the construction of water and sewer mains, the opening, grading and improving of public roads and sidewalks. It shall be his duty to investigate and recommend to the county commission a program for all of such work, provided nothing herein shall be construed to prevent the county manager from performing immediately any work in an emergency that is necessary to protect the interests of the county or the citizens thereof. It shall be the duty of the county manager to receive and consider requests for appropriations of county funds, all of which he shall investigate and report to the county commission, with his recommendation thereon.
Section 29. All request and reports of county officers and depart ments shall be made to the county manager for his recommendation to the county commission; the use and disposition of county property shall be under the supervision and direction of the county manager, subject to approval by the county commission; all claims against the county shall be presented to the county manager, who shall investigate same and
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report same to the county commission together with his recommendation thereon.
Section 30. The county manager with the cooperation of the County Audit shall pre-planned and present to the county commission a budget for each calendar year; when the budget has been prepared and adopted as provided by law, it shall be the duty of the county manager to execute said budget. No department or officer of county government shall exceed the budget without the approval of the county commission.
Section 31. It shall be the duty of the county manager to investigate the tax digests and to recommend to the county commission the levy of a sufficient tax upon all property of such county, which tax, together with all other sources or revenue which may lawfully be anticipated, shall be sufficient to balance the budget, after same has been adopted.
Section 32. All orders, directions and instructions from the county commission to the county manager shall be duly entered on the minutes of the county commission. No member of the county commission shall privately issue orders to the county manager or interfere with the county manager in the administration of his duties.
Section 33. The county manager shall be paid an annual salary of not less than Ten Thousand Dollars ($10,000.00) per annum, nor more than Twenty Thousand Dollars ($20,000.00) per annum, said salary to be fixed annually in January of each year by the county commission.
Section 34. Before entering upon his duties, the county manager shall give bond in the amount of twenty-five thousand dollars (25,000.00) payable to the county, upon which bond action may be brought in the name of the county at the instance of the county commission, for any act of misfeasance, nonfeasance or malfeasance; the premium on such bond shall be paid out of the county treasury and the bond shall be kept by the ordinary of such county.
ARTICLE VI. Miscellaneous Provisions.
Section 35. Agreement of candidates. It shall be unlawful for any candidate for the office of member of the commission, or for nomination to such office, to enter into any agreement or understanding with any person as to the disposal of any work or appointment which is or shall be under the control of the commission, and any person so offending shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in the Code of Georgia.
Section 36. Officials not to be interested in contracts. No member of the commission or other county officer empowered to use public or county funds for the purchase of goods, property, or services of any kind for public or county purposes shall be financially interested, directly or indirectly, in any contracts to which the county is a party, either as principal, surety or otherwise; nor shall such officer, his partner, agent, servant or employee of a firm of which he is a member or by whom he is employed purchase from or sell to the county any real or personal
MONDAY, FEBRUARY 14, 1966
1743
property, goods, or services. Any contract made in violation of any of the foregoing provisions shall be void, and the officer so offending shall be removed from office upon proper proceedings instituted by any tax payer in said county in accordance with the provisions of Section 23-1714 of the Code of Georgia of 1933. Provided, however, that the provisions of this section shall not be applicable to any contract which has been approved, prior to execution, performance and payment thereon, by a majority of the commission by a proper entry on the minutes of the commission.
Section 37. The General Assembly is authorized to provide by local law for the alteration or change of any of the provisions contained within this amendment to the Constitution by the enactment of local legislation amending such provisions without the necessity of seeking an amend ment to the Constitution or the approval of the citizens of Gwinnett County in order to effect such change or alteration.
Section 38. Effective date. This amendment, if ratified by the voters of Gwinnett County in the general election conducted in 1966, shall become effective on January 1, 1969, except for those provisions of Section 3, relating to the election of initial members of the Commis sion, which shall become effective at the time provided for therein, and the Board of Commissioners of Roads and Revenues for Gwinnett County as created by an Act approved August 16, 1915 (Ga. Laws 1915, p. 244), as amended shall be abolished at 11:59 p.m. on December 31, 1968."
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 a five-member Board of Commissioners
NO ( ) of Roads and Revenues for Gwinnett County and to provide for a county manager form of government therein ? "
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.
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The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blalock Brinkley Brown, B. D. Bryant Byrd Caldwell Carley Carnes Carr Gates Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Conger Cox Crowe Dailey Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Evensen Farrar
Floyd Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Had away Harrington Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Holder Hood Houston Howard Howell Hutchinson Johnson, A. S. Dr. Jones, C. M. Jones, M. Jordan, Ben C. Kiley
Knapp Lambros Land Lane Lea, F. R. Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin
McDaniell Melton Merrit Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Palmer Parker Parrish Peterson Phillips
Powers Reaves Reid Richardson Roach Ross Rowland Rush Sherman Sims Simkins
Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Story Stovall
MONDAY, FEBRUARY 14, 1966
1745
Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R.
Tucker Tye Underwood Walling Watkins Watson
Webb Westlake Wiggins Williams, W. M. Wilson, J. M. Wood
Those not voting were Messrs.:
Alexander Alien Blair Bowen Brackin Brantley Brown, C. Brown, M. P. Busbee Chandler Colwell Conner Cook Daugherty Etheridge Fleming Gary Hale
Hamilton Harrell Harris, J. F. Harris, J. R. Hill Hull Irvin Johnson, B. Jones, G. Paul Jordan, W. H. Knight Lambert Lee, W. J. (Bill) Leonard Matthews, D. R. McClatchey McCracken Moore, J. H.
Nessmith, P. Otwell Paris Pickard Rainey Russell
Savage Shields Smith, J. R. Spikes Townsend Vaughan, D. N. Vaughn, C. R. Ware Wells Williams, G. J. Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 150, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
By unanimous consent, the following Resolutions of the House were read and adopted:
HR 349. By Mr. Lambros of the 130th:
A RESOLUTION
Commending the various news media; and for other purposes.
WHEREAS, the various news media such as radio, television, news papers and magazines have done an excellent service to the people of Georgia in the past by publicizing the crucial issues of important political campaigns, as well as the work and contributions of the mem bers of the General Assembly and other elected positions in government, so that the people of Georgia might be enabled to make an intelligent choice at the polls and to properly evaluate the actions of elected of ficials ; and
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WHEREAS, the forthcoming elections in Georgia for its highest offices will be particularly significant, will affect the future of our State and will involve many issues of national, State and local signififcance; and
WHEREAS, the citizens of Georgia should be allowed as much information on the candidates and their platforms as possible.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body wishes to commend the news media for their service to the citizens of Georgia through their excellent coverage of issues and candidates from past campaigns and urges the various news media to devote as much time, space and coverage to the major campaigns as possible and to provide that the major candidates for Georgia's highest public offices be allowed to meet face-to-face, to confront each other before the public and to debate the issues which will shape Georgia's destiny.
HR 350. By Messrs. DeLong of the 15th, Gignilliat of the 113th, Jordan of the 103rd, Snellings of the 104th and Simkins of the 106th:
A RESOLUTION
Relative to Bible reading and prayer in the public schools; and for other purposes.
WHREAS, it is advisable to instill within our youth at an early and impressible age a proper religious background; and
WHEREAS, in recent times there is a present trend to discourage the reading of the Bible and the utterance of public prayers in the public schools of this country; and
WHEREAS, it is the feeling of this body that unless our children are instilled at an early age with proper religious teaching, a great disservice will be done to our youth.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby encourage and re commend the reading of the Holy Scripture and the utterance of public prayer in the public schools of our state.
HR 351. By Messrs. Clarke of the 45th, Matthews and Newton of the 94th and many others:
A RESOLUTION
Relative to the federal appropriation for Special Milk Program for Children; and for other purposes.
MONDAY, FEBRUARY 14, 1966
1747
WHEREAS, the proposed federal budget for the fiscal year ending June 30, 1967, drastically cuts funds for the Special Milk Program for Children; and
WHEREAS, these reductions in funds will creatly reduce this program in many schools; and
WHEREAS, this program is beneficial to both children and farm ers and has been supported by educators, nutritionists and farmers.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Congress of the United States be, and is, memorialized to appropriate not less than $110,000,000.00 for the fiscal year ending June 30, 1967, and not less than $115,000,000.00 for the fiscal year ending June 30, 1968, and not less than $120,000,000.00 for the fiscal year ending June 30, 1969, and each succeeding fiscal year thereafter for the Special Milk Program for Children.
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the President of the United States, to the Secretary of Agriculture of the United States, to the President of the Senate, to the Secretary of the House of Representatives of the United States and to each member of the Georgia Delegation to the Congress of the United
States.
HR 352. By Messrs. Lowrey, Starnes and Minge of the 13th:
A RESOLUTION
Commending the Berry School Singers; and for other purposes.
WHEREAS, on Thursday, February 10, 1966, the Berry School Singers performed before the membership of the House of Representa tives; and
WHEREAS, the performance of the Berry School Singers was highly entertaining; and
WHEREAS, the Berry School Singers' performance was a great tribute to the members of the group and to the school which they attend; and
WHEREAS, it is only proper that the Berry School Singers be commended for their outstanding performance.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and thank the Berry School Singers for appearing and performing before the members of this body.
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 the Berry School Singers, Mount Berry, Georgia.
1748
JOUENAL OF THE HOUSE,
HR 353. By Mr. Mixon of the 81st:
A RESOLUTION
Commending SSgt. Oscar B. Britt; and for other purposes.
WHEREAS, SSgt. Oscar B. Britt of the United States Army has been decorated for heroism in action by the Vietnam Army; and
WHEREAS, SSgt. Britt received the Vietnamese Gallantry Cross with a gold star in recognition of heroic action in two large field operations in the Knotum Province; and
WHEREAS, SSgt. Britt is an adviser to the communications platoon of the 42nd Infantry Regiment at Tan Canh, Vietnam and he received the award from Colonel Dang, Commanding Officer of the 42nd Infantry Regiment; and
WHEREAS, SSgt. Britt is a native of Ashburn, Georgia and he will return to Ashburn in early March prior to reporting to his new duty assignment with the 101st Airborne Division (Screaming Eagles) at Port Campbell, Kentucky; and
WHEREAS, it is the desire of the members of this body to recognize SSgt. Britt for his conspicuous gallantry in action.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate SSgt. Oscar B. Britt upon being decorated for heroism in action in Vietnam.
BE IT FURTHER RESOLVED that the clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to SSgt. Oscar B. Britt.
HR 354. By Messrs. Lambros of the 130th and Sims of the 131st:
A RESOLUTION
Commending Henry Sopkin, Music Conductor and Director, Atlanta Symphony Orchestra; and for other purposes.
WHEREAS, Mr. Henry Sopkin has had a long and distinguished career as a musician, conductor, arranger and teacher of music; and
WHEREAS, from 1930 through 1945 Mr. Sopkin trained, conducted and taught many youth orchestras and high school orchestras and Mr. Sopkin's work with these orchestras won him coast to coast recognition and won for the orchestras many national awards; and in 1943 he was invited to the Southern Music Educators Convention in Atlanta to con-
MONDAY, FEBRUARY 14, 1966
1749
duct the In-and-About orchestra, winning such acclaim that' he was invited to and did return to conduct the debut performance of the Atlanta Youth Symphony in 1944; and in 1945, he became the Atlanta Youth Symphony's Music Director and Conductor; and
WHEREAS, the genius of Mr. Sopkin allowed him to recognize Atlanta's and Georgia's potential as the "Musical and Cultural Center of the South" twenty years before others were able to recognize it and, as a result, Henry Sopkin brought his family to Atlanta to bring forth his vision into reality; and
WHEREAS, by 1950, the Atlanta Symphony Orchestra under the direction and guidance of Mr. Sopkin was entirely chaired by profession al musicians and had joined the ranks of the major orchestras and these accomplishments were shown by the fact that the Orchestra was featured on NEC Radio coast to coast, The Voice of America and in several na tional magazines; and
WHEREAS, the Orchestra has grown from a budget of $5,000.00 to perform four concerts a year to a budget of $300,000.00 and a sixtyconcert season and is the largest Orchestra between Washington and New Orleans and the only major symphony within a ratio of five hundred miles of Atlanta; and
WHEREAS, through the leadership, efforts and guidance of Mr. Sopkin, the Orchestra tours to other southeastern cities and the entire State of Georgia, gives fourteen young people's concerts for elementary and high school students, a suburban series for family audiences, eight programs specifically for pre-schoolers, and many other concerts, and through these efforts Mr. Sopkin has brought enrichment, pleasure, opportunity for cultural exposure and a feeling of appreciation for the fine arts into the homes of every person in Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body wishes to commend Mr. Henry Sopkin for his many contributions to the State of Georgia, and that this body wishes to express to Mr. Sopkin, for and on behalf of every citizen in Georgia, its sincere gratitude and appreciation for the efforts and accomplishments of Mr. Sopkin in building the Atlanta Symphony into a nationally recognized orchestra and assisting to bring recognition to Georgia as the Cultural Center of the South, and, indeed, a major cultural center in the nation; and through such efforts and accomplish ments, Mr. Sopkin has brought enrichment, pleasure, opportunity for cultural exposure and a feeling of appreciation for the fine arts into the homes of every person in Georgia.
BE IT FURTHER RESOLVED that this body wishes for Mr. Sopkin continued success in any endeavor to which he may lend his talents and that the State of Georgia is truly proud of her adopted son.
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 Mr. Henry Sopkin.
1750
JOURNAL OF THE HOUSE,
HR 355. By Messrs. Brown of the 120th, Gates of the 123rd and Egan of the 141st:
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 demonstrated its claim to be top candidate for the National Pop Warner Junior League Championship of 1965, and
WHEREAS, in twelve games played this past season the Red Devils were undefeated and untied, scoring 587 points to 55 of their opponents, and
WHEREAS, the Red Devils defeated the Little Raiders of Belmont, North Carolina, in the first annual Jaycee Bowl, 30 to 6, and defeated the New Orleans All-Stars in the Candy Bowl, on December 1, by the score of 32 to 13, and
WHEREAS, the National Pop Warner Junior League, which in cludes scholastic standards as a prerequisite, consists of about 24,300 teams and 612,000 players in the fifty States in the Union, whose ages range from eight to fourteen, and
WHEREAS, by their magnificent representation, the Red Devils have served well as young ambassadors of good will for the State of Georgia, 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 Devil Teams are now members of high school and college varsity football teams.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body heartily congratulates the mem bers of the (Atlanta) Buckhead Red Devils Football Team for serving as young ambassadors of good will for our State; namely, Wayne Alex ander, Kim Burgess, Mark Cantrell, Terry Cantrell, Carl Clifford, Mike Cooley, Mark Couhig, David Countryman, Randy Cowell, Nicky Demetros, Paul Gray, John Langford, Jimmy Johnson, Tim Kepler, Rick Lewis, Lyle Maurer, Mike Meazell, Mike Morris, Chip Murray, Steve Odom, Bob Orwig, Buddy Rabun, Jimmy Snee, John Stevens, Mike Thompson, John Winecoff, Jim Attaway, Scott Bridge, George Cotton, Alan Davis, Jim Dawkins, Jim Dawson, Dean DiFiore, Randy Echols, Bob Faith, Ned Haas, Bob Jameson, Mike Johnson, Harland Ragle, Jeff Stallworth, Eddie Welborn and Mike Winn.
BE IT FURTHER RESOLVED that this body heartily commends the coaching staff of the (Atlanta) Buckhead Red Devils Football Team for its patient and thorough training of these future potential Georgia
MONDAY, FEBRUARY 14, 1966
1751
Tech, University of Georgia and Atlanta Falcon players and extends its best wishes to Head Coach Bob Blackwell, Assistant Coaches Jerry Froug and Bill Hall, Jr., and the Officers and Directors: Dr. William H. Baria, R. E. Blackwell, Burt E. Burton, Philip C. Chesney, Ralph J. Cobb, Charles Cotton, Ralph Countryman, Richard B. Darnell, Ernest DeLong, Ted R. Echols, Buddy Fowlkes, F. William Haas, Jr., E. R. Hubert, Fred Jameson, R. E. Lawlor, E. C. Littleton, Rush Meazell, Charles A. Moran, Keith G. Morris, Frank H. Myers, Ralph C. Reed, Jim Stall-worth, Earl M. Tabor, C. C. Whiten, W. W. Wisdom, Rev. James A. Budd, Sam Abies, Charles Gill and Auxiliary officials: Betty Meazell, Sara Martin, Lu Drohan, Roxie Pierce, Barbara Rutherford, Woody Fite, Lee Abies, Carolyn Rabun, Ray Dismukes, Bobbie Griggs, Georgia Cotton, Jean Countryman, Ann Mitcham, Laura Taylor, Frances Plazico, Frances Norman, Peggy Hartsfield, Ruth Stamm, Lillian Hankey, Dottie Smith, Maxie Liggin and Ann Echols.
BE IT FURTHER RESOLVED that the Clerk is hereby authorized and directed to furnish appropriate copies of this resolution to the Honorable Bob Blackwell, Head Coach of the (Atlanta) Buckhead Red Devils Football Team, so that each member of the Team and the coach ing staff and officials may have a copy of this resolution as a token of our appreciation and commendation.
HR 356. By Messrs. Dillon of the 128th, Lea of the 126th, Adams of the 125th, Grier of the 132nd and Games of the 129th:
A RESOLUTION
Commending the Honorable Jack Paul Etheridge; and for other purposes.
WHEREAS, the Honorable Jack Paul Etheridge, Representative of the 123rd District, has during this session of the General Assembly functioned as the chairman of the Fulton County delegation; and
WHEREAS, during this trying period in which so many new mem bers of the legislature are serving in Fulton County, his task has been particularly difficult; and
WHEREAS, the Honorable Jack Paul Etheridge has labored many long and arduous hours in counselling with his fellow legislators and the constituents of Fulton County in order to provide for an orderly legislative process; and
WHEREAS, Jack Etheridge has given unselfishly of his valuable time in order to assist the members of this body,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and sincerest appreciation to Honorable Jack Paul Etheridge for his untiring efforts on behalf of the members of this body.
1752
JOURNAL OF THE HOUSE,
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 the Honorable Jack Paul Etheridge.
HR 357. By Mr. Colwell of the 5th:
A RESOLUTION
Commending and thanking the young ladies of Southern Bell Tele phone and Telegraph Company who managed the telephone center for the House of Representatives; 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 re ceiving their telephone calls during this session; and
WHEREAS, these young ladies, Miss Josephine Susong, Mrs. Maxine Lawson and Miss Nell Hammock, 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 Com pany.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend and extend their warmest thanks to the above named young ladies for their prompt, efficient and untiring efforts in providing the mem bers of this body with this most helpful service and convenience.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this resolution to Southern Bell Telephone and Telegraph Company and one each to the young ladies named in this resolution as a token of appre ciation of this House.
HR 358. By Messrs. Williams, Wood and Overby of the 16th, Story and Watson of the 22nd, and many others:
A RESOLUTION
Commending Honorable Preston Ridlehuber; and for other purposes.
WHEREAS, Tuesday, February 15, 1966, has been officially desig nated as Preston Ridlehuber Day in Gainesville, Georgia; and
WHEREAS, Preston Ridlehuber is one of the finest and most out standing young athletes to be produced by the State of Georgia in recent years; and
MONDAY, FEBRUARY 14, 1966
1753
WHEREAS, after enjoying a spectacular high school career in athletics in Gainesville, Georgia, Preston Ridlehuber went on to attend the University of Georgia; and
WHEREAS, while at the University of Georgia, Preston Ridlehuber displayed not only his prowess as a fine and accomplished athlete but he displayed the important attributes and outstanding characteristics of an inspirational leader for the other members of the team; and
WHEREAS, while serving as the quarterback of the Georgia Bull dog football team, Preston Ridlehuber delighted the many fans of the Georgia Bulldogs with his fine field generalship of the team; and
WHEREAS, it is only befitting and proper that this body recognize the outstanding accomplishments of this accomplished athlete.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Honorable Preston Ridlehuber for his outstanding athletic career and does hereby wish for him continued success in his athletic endeavors.
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 Preston Ridlehuber.
HR 359. By Mr. Mauldin of the 18th:
A RESOLUTION
Expressing regrets at the passing of Mr. Hebe C. Brown; and for other purposes.
WHEREAS, Mr. Hebe C. Brown, one of the most outstanding and prominent citizens of Hart County, passed away on February 13, 1966; and
WHEREAS, he was the father of Representative M. Parks Brown, a beloved member of this body; and was the brother of the late Con gressman Paul Brown; and
WHEREAS, he contributed immeasurably to the religious, civic, business and public well-being of his county and his State, and his passing is a great loss to all who knew him.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest regrets are hereby expressed at the passing of Mr. Hebe C. Brown and the sympathy of all the members of this body are hereby extended to Representative Brown and to the other members of the family.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Representa tive Brown.
1754
JOURNAL OF THE HOUSE,
HR 360. By Mr. Doster of the 73rd:
A RESOLUTION
Commending the Georgia Society, Children of the American Revo lution and its State President, Jerome Brown Doster; and for other purposes.
WHEREAS, the Georgia Society, Children of the American Revolu tion will hold its State Conference in Vidalia and Lyons, Toombs County, Georgia, February 18, 19, and 20, 1966; and
WHEREAS, it is an inspiration to all the citizens of this State that these young boys and girls who are members of this Society study the history of the United States, teach and practice the correct use of the Flag, and endeavor in every way to set an outstanding example of patriotism and good citizenship; and
WHEREAS, the outstanding State President of the Georgia Society is Jerome Brown Doster, and the Senior State President is Mrs. Nor man Brown Doster, both of whom have performed outstanding work and devoted many hours of their time, efforts and energies in carrying on the work of this fine organization.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body hereby ex tend their best wishes to the Georgia Society, children of the American Revolution, its State President Jerome Brown Doster and its Senior State President Mrs. Norman Brown Doster and extend commendation for the programs carried on by the Society and for the examples of good citizenship exemplified by the members of the Society.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this resolution to Jerome Brown Doster and Mrs. Norman Brown Doster.
HR 361. By Messrs. Richardson of the 116th, Gaynor and Smith of the 114th, Kiley of the 115th and others:
A RESOLUTION
Expressing appreciation to Honorable Johnny Mercer; and for other purposes.
WHEREAS, at the 1965 session of the Georgia General Assembly, a resolution was adopted requesting Johnny Mercer, the renowned native son of the State of Georgia, to compose a song which might be appro priate for adoption as a new state song for the State of Georgia; and
WHEREAS, pursuant to said resolution, Mr. Mercer freely gave of his valuable time and energies in composing a beautiful song entitled "Georgia-Georgia"; and
MONDAY, FEBRUARY 14, 1966
1755
WHEREAS, the members of this body are most appreciative of Mr. Mercer kindly condescending to their wish that he spend his per sonal time and energies in composing this song.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body expresses its deepest and sincerest appreciation to the Honorable Johnny Mercer, the famous native son of the State of Georgia, for composing his song "GeorgiaGeorgia".
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 Johnny Mercer.
HR 362. By Mr. Rainey of the 69th:
A RESOLUTION
Commending Mr. Leonard I. Harpe, Sr.; and for other purposes.
WHEREAS, Mr. Leonard I. Harpe, Sr. has been Assistant-Manager of the Cordele Farmers Market for the past fifteen (15) years and dur ing such period has made daily market reports which were broadcast over radio station WMJM; and
WHEREAS, these broadcasts have not been limited to only market reports but have included many subjects near and dear and of interest to his many listeners, and these subjects include religions, world affairs, state affairs, local affairs and the weather; and
WHEREAS, in no case has Mr. Harpe ever resorted to the use of a prepared or written script but rather has spoken with his mind and from his heart on these many subjects; and
WHEREAS, his many contributions have enriched and brought meaning to the lives of the citizens of Cordele, Georgia, so much so that he is one of the most beloved citizens in this section of Georgia; and
WHEREAS, he is married to the gracious and lovely former Julia Johns, and as a result of this union, three children; Leonard I. Harpe, Jr., Mrs. Juanita Pitts, and Kevin L. Harpe were born and raised and have become outstanding citizens of Georgia and have brought joy to Mr. and Mrs. Harpe by presenting them with eleven (11) grandchildren; and
WHEREAS, Mr. Harpe, Sr. is a member of the Pleasant View Baptist Church and has lived his life in the true Christian manner serving as an example for his family and his many friends to emulate.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body wishes to commend Mr. Leonard I. Harpe, Sr. for his many contributions to the citizens of Georgia and
1756
JOURNAL OF THE HOUSE,
particularly to the citizens of Cordele, Georgia, and that through these contributions he has enriched and brought meaning to all who know him and has served as an example to emulate as a true humanitarian and Christian.
BE IT FURTHER RESOLVED that the clerk of the House is authorized and directed to transmit an appropriate copy of this Reso lution to Mr. Leonard I. Harpe, Sr.
HR 363. By Mr. Rainey of the 69th:
A RESOLUTION
Commending Horace Musselwhite; and for other purposes.
WHEREAS, Horace Musselwhite is an outstanding citizen of the City of Cordele and the State of Georgia; and
WHEREAS, through the operations of his independent market he served as the moving1 force in establishing the farmer's market for the City of Cordele; and
WHEREAS, this market has served to enrich and bring financial rewards to the farmers in and around the area of Cordele, Georgia; and
WHEREAS, Mr. Musselwhite served with distinction and honor and a devotion to duty unsurpassed as the first manager of the farmer's market from its creation in 1947 until 1954, establishing contact with over five thousand buyers and bringing them to the farmer's market; and
WHEREAS, Mr. Musselwhite named and caused the City of Cor dele to be known throughout the world as the "Watermelon Capital of the World".
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body wish to commend Horace Musselwhite for his many services to and for the citizens of Georgia and particularly those citizens residing in and around the City of Cordele, and for his guiding hand and leadership in establishing the farmer's market in Cordele and publicizing Cordele as the "Water melon Capital of the World".
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to convey an appro priate copy of this Resolution to Mr. Horace Musselwhite.
HR 364. By Messrs. Busbee of the 79th, Harris of the 118th, Steis of the 100th, Harris of the 85th and many others:
A RESOLUTION
Congratulating and commending Honorable Arthur K. Bolton, At torney General of the State of Georgia; and for other purposes.
MONDAY, FEBRUARY 14, 1966
1757
WHEREAS, the Honorable Arthur K. Bolton, Attorney General of the State of Georgia, was requested by this body to represent the defendants and the House of Representatives of the Georgia General Assembly in the recent litigation instituted before the Federal courts in Atlanta for the purpose of inquiring into the propriety and legality of the action of this House in refusing to seat the representative elected from the 136th Representative District; and
WHEREAS, the distinguished and able Attorney General has only recently been appointed to the highest position in this state to which a practicing attorney may aspire; and
WHEREAS, the action of the Governor of the State of Georgia in appointing the highly respected and brilliant young attorney from Griffin, Georgia, and former member of this House of Representatives, has been widely acclaimed as one of the most justly deserved and publicly accepted appointments to a high state governmental position; and
WHEREAS, the Attorney General personally prepared, supervised, argued and conducted the case for the House of Representatives before the Federal court in the aforementioned litigation; and
WHEREAS, through the careful, thoughtful and methodical prepa ration and presentation of the position of this House, the Attorney Gen eral of this state has proven himself deserving of the high public trust which has been placed in his most capable hands; and
WHEREAS, the State of Georgia has not always been successful in arguing and sustaining the state's position on constitutional questions before the Federal judiciary; and
WHEREAS, it is with a great deal of pride and humility that this body has been vindicated in its position taken in the matter of Julian Bond by the Federal court in refusing to seat him as a member of this body; and
WHEREAS, in no small way, the most able and brilliant legal facilities and capabilities of our vigorous and aggressive Attorney General were responsible for the court's decision; and
WHEREAS, many long and arduous hours were expended by the Honorable Arthur K. Bolton in the methodical presentation of this case before said court; and
WHEREAS, the conduct and capabilities demonstrated by our At torney General in this case is the epitome of the high professional capabilities which are desirable in this state's chief legal officers; and
WHEREAS, it is comforting to know that the many involved, technical and complicated legal problems of the State of Georgia are in the hands of so capable and devoted a public servant as Arthur Bolton; and
1758
JOURNAL OP THE HOUSE,
WHEREAS, the loss of so valuable a member of this body as was Arthur Bolton and the loss of the comradeship of so beloved a friend in this body is the gain of the people of the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its heartfelt and warmest congratulations on the dazzling and stunning success which has been achieved by Honorable Arthur K. Bolton on this, his first case which he has handled as the Attorney General of the State of Georgia, and this body wishes to express to Arthur K. Bolton its utmost respect and profoundest confidence which it feels for his ability as a lawyer an administrator and his ability to discharge the most diffi cult responsibilities of attending to the legal affairs of this state's government.
BE IT FURTHER RESOLVED that this body expresses its deep est appreciation for the many long hours which the Attorney General devoted to this body in representing it before the Federal courts.
HR 365. By Messrs. Oglesby and Russell of the 92nd:
A RESOLUTION
Requesting the Game and Fish Commission to take any appropriate action required to enable that Department to zone the State for the purpose of shooting doves; and for other purposes.
WHEREAS, September is too early to hunt and shoot doves in North Georgia; and
WHEREAS, the hunting season for such game is regulated by the United States Fish and Wildlife Service, by allowing states to estab lish hunting seasons between the dates set by the United States Fish and Wildlife Service; and
WHEREAS, the State Game and Fish Commission is in the best position to determine when doves become available as game for the hunters of Georgia; and
WHEREAS, the State Game and Fish Commission is limited in its powers to establish a separate season for shooting doves in North Georgia and a separate season for shooting doves in South Georgia so that the doves shall be prime in each area during such season, by the regulations of the United States Fish and Wildlife Service.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the State Game and Fish Commission is hereby au thorized and directed to take any and all action which it deems appropropriate to zone the State for the purpose of shooting doves, and estab lishing a separate season for North Georgia and a separate season for South Georgia; such action including, but not limited to, petitioning and requesting the United States Fish and Wildlife Service to authorize
MONDAY, FEBRUARY 14, 1966
1759
and allow the State Game and Fish Commission to zone the State for the purpose of shooting doves, and to establish separate hunting seasons for the various zones or areas of the State.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the State Game and Fish Commission.
HR 366. By Messrs. Harrington and Chandler of the 47th:
A RESOLUTION
Inviting the Acapella Choir of the Women's College of Georgia to appear before the House of Representatives; and for other purposes.
WHEREAS, the Acapella Choir of the Women's College of Georgia at Milledgeville is one of the finest choral groups in the United States; and
WHEREAS, the Acapella Choir has thrilled countless thousands during the past thirty (30) years in performances in all parts of the United States; and
WHEREAS, the members of this body would consider it a distinct pleasure and privilege to hear the Acapella Choir.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby cor dially invite the Acapella Choir of the Women's College of Georgia to appear before the House of Representatives on Wednesday, February 16, 1966 at 11:00 A. M.
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 Director of the Acapella Choir of the Women's Col lege of Georgia, Milledgeville, Georgia.
HR 277. By Messrs. Cox of the 127th, Brown of the 120th, Carnes of the 129th, Adams of the 125th and many others:
A RESOLUTION
Urging the State of Georgia to acquire the L. P. Grant property located on St. Paul Street in Atlanta, Georgia, for the purposes of establishing such property as a historical monument; and for other purposes.
WHEREAS, the famous and historical home site of L. P. Grant, who donated to the City of Atlanta the property upon which now is located a fine park and zoo within the City of Atlanta, presents a unique opportunity to have available to the public a fine home of an era of the past; and
1760
JOURNAL OF THE HOUSE,
WHEREAS, it would be desirable both as a historical monument and a tourist attraction to develop the home site of Mr. L. P. Grant, which is located on St. Paul Street, immediately across from Grant Park; and
WHEREAS, without proper development, the L. P. Grant home site will deteriorate and a valuable historical monument will be lost to the citizens of this state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State of Georgia, acting by and through any of its appropriate agencies or departments, is hereby re quested to acquire the L. P. Grant home site, which is located on St. Paul Street in Atlanta, Georgia, at such time as funds become available for said purpose and that, upon acquisition of said property by the State of Georgia, it be developed into an appropriate historical monu ment to this fine and distinguished citizen of the State of Georgia.
By unanimous consent, the following Resolution of the House was read and referred to the Committee on State Institutions and Property:
HR 367. By Messrs. Chandler and Harrington of the 47th:
A RESOLUTION
Requesting the conveyance of certain land in Baldwin County; and for other purposes.
WHEREAS, the State Department of Health is the owner of a tract or parcel of land in Baldwin County, which is surplus to and is no longer needed by said Department, but is desired by the Milledgeville and Baldwin County Development Corporation for industrial use; and
WHEREAS, said land is described as follows: "150 acres, more or less, in 319th Militia District of Baldwin County, Georgia, on south side of Georgia Highway 22, and bounded as follows: 'Northwest by Georgia State Highway 22, East by lands of J. P. Stevens County; South by tract right of way of Georgia Railroad; and West by centerline of Fish ing Creek.' "
NOW, THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the State Department of Health be re quested to convey all of its title to such property to the State Real Properties Control Commission and that the Governor be requested to act for and on behalf of said Commission and grant, bargain, sell and convey to the Milledgeville and Baldwin County Development Corpora tion, or its successors or assigns, for and in consideration of an amount arrived at by appraisal of 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 appraisal has been paid into the State Treasury
MONDAY, FEBRUARY 14, 1966
1761
by the Milledgeville and Baldwin County Development Corporation, or its successors or assigns, the Governor is hereby requested to execute and deliver deeds and other written instruments that may be necessary and in such form that may be necessary to carry out the intention of this Resolution.
By unanimous consent, the following Resolution of the House was read and referred to the Committee on Rules:
HR 368. By Mr. Spillers of the 37th:
A RESOLUTION
Creating a committee to study the problems relative to the dump ing of trash and garbage on roads and property; and for other purposes.
WHEREAS, the dumping of trash and garbage on the roads, high ways, and streets of this State and public and private property has become more widespread and now affects every locality in this State; and
WHEREAS, such dumping creates a serious health and sanitation problem; and
WHEREAS, it appears that the law relative thereto are inadequate and other solutions must be sought.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five members of the House to be appointed by the Speaker for the purpose of studying the problems relative to dumping trash and garbage on the highways, roads and streets of this State and pub lic and private property therein. The committee shall study the laws relative thereto and shall seek to find solutions to this vexing and dan gerous problem. 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 fifteen days. The committee shall make a report of its findings and recommendations on or before Deecember 1, 1966, on which date the committee shall stand abolished. Funds necessary for the pur poses 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 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 557. By Messrs. Egan of the 141st, Maddox of the 8th, Watkins of the 9th and others:
A Bill to be entitled an Act to repeal Code Chapter 59-4, relating to the requirement that grand juries inspect every orphanage, sanitarium,
1762
JOURNAL OF THE HOUSE,
and all other similar facilities located within the 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.
Ahney Adams Alexander Anderson Barfield Bennett Berry Black Blalock Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Carley Games Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Conger Cox Crowe Daugherty Davis Dean Dickinson Dixon Dollar Dorminy Drew Duncan Egan Elliott Etheridge Fleming Floyd Fulford Gaissert
Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Holder Hood Howell Hull Hutchinson Johnson, Dr. A. S. Jones, M. Jordan, Ben C. Kiley Knapp Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Matthews, C. Matthews, D. R.
Mauldin McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Parker Parrish Peterson Powers Rainey Reid Richardson Roach Ross Rowland Rush Sims Smith, V. T. Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Stewart
MONDAY, FEBRUARY 14, 1966
1763
Story
Stovall Sullivan Sweat Taylor Thomas Thompson, A. W.
Thompson, R. Townsend Tucker Tye Vaughan, D. N. Walling
Watkins
Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Bagby Barber Bean Bedgood Blair Bo wen Brackin Brantley Brown, M. P. Caldwell
Carr
Gates Collins, M. Colwell Conner Cook Dailey DeLong Dillon Doster
Evensen Parrar Punk Hale Harris, J. P. Hill Houston Howard Irvin Johnson, B. Jones, C. M.
Jones, G. Paul Jordan, W. H. Knight Lambert Land Lane Leonard Marshall McClatchey McCracken
Moore, J. H. Paris Phillips Pickard Reaves Russell Savage Sherman Shields Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Snellings Underwood Vaughn, C. R. Ware Watson Wells Wilson, J. M. 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 601. By Messrs. Westlake, Evensen, Higginbotham and Bean of the 119th:
A Bill to be entitled an Act to amend Code Chapter 105-6, relating to physical injuries, so as to provide for immunity from civil liability for any person who shall in good faith render assistance to any law enforce ment officer who is being hindered or whose life is being endangered by the conduct of any other persons; and for other purposes.
The following amendment was read and adopted: Amendment to HB 601 by Mr. Westlake of the 119th.
1764
JOURNAL OP THE HOUSE,
By striking the last sentence in Code Section 105-601.1 and that the title be amended 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 Adams Alien Anderson Bean Bedgood Berry Black Blalock Brackin Brinkley Brown, C. Bryant Byrd Caldwell Carnes Clark, J. T. Collins, J. F. Collins, M. Colwell Crowe Daughterty Davis Dean Dickinson Dillon Dixon Dollar Dorminy Drew Duncan Egan Evensen Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl
Hadaway Hamilton Harrell Harrington Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Holder Howard Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Knapp Lambros Lane Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lovell Lovett Lowrey Maddox Marshall Matthews, C. Matthews, D. R. Mauldin McDaniell Melton Merritt Minge Mitchell
Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Phillips Pickard Powers Reid Richardson Ross Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Story Stovall Sweat
MONDAY, FEBRUARY 14, 1966
1765
Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye
Vaughan, D. N. Walling Ware Watson Webb Wells
Westlake Wiggins Williams, G. J. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Bagby Barber Barfield Bennett Blair Bowen Brantley Brown, B. D. Brown, M. P. Busbee Carley Carr Gates Chandler Clarke, H. G. Conger Conner Cook Cox Dailey DeLong
Doster Elliott Etheridge Farrar Fleming Floyd Grier Hale Harris, J. F. Hill Hood Houston Howell Hull Johnson, B. Jones, G. Paul Jordan, W. H. Knight Lambert Land Lea, F. R. Leonard
Longino Malone McClatchey McCracken Mixon Peterson Rainey Reaves Roach Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Stalnaker Stewart Sullivan Townsend Underwood Vaughn, C. R. Watkins Williams, W. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Farrar of the 118th stated that he had been called from the House when the vote was taken on HB 601, as amended, but had he been present, would have voted "aye".
HB 524. By Mr. Lewis of the 50th:
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.
1766
JOURNAL OP THE HOUSE,
The following amendments were read and adopted:
Mr. Wiggins of the 32nd moves to amend HB 524 by replacing the semicolon after the word "navigable" in the 5th line of 83-1303 with a period and further by striking the words "provided, however," in said 5th line and inserting therein "For the purpose of determining fishing rights in streams", and striking the language following the word "streams" and supplying a period thereafter.
Mr. Richardson of the 116th moves to amend HB 524 by adding the following provision:
"Provided the provisions of the above shall not apply to nonnavigable tidewater, saltwater streams."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney
Adams Alien Bagby Barber Barfield Bedgood Black Blair Blalock Brantley Brown, B. D. Bryant Busbee Byrd Caldwell Games Gates Chandler
Clarke, H. G. Clark, J. T. Collins, J. F. Cook Cox Crowe Dailey Davis
DeLong
Dickinson Dillon Dixon Dollar Doster Drew Duncan Evensen Fleming Fulford Funk Gignilliat Grahl Hale Harrell Harrington Harris, J. R. Harrison
Hawkins Herndon Higginbotham Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M.
Jordan, Ben C.
Kiley Knapp Lambros Lea, P. R. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Marshall Matthews, C. Matthews, D. R. Mauldin McCracken Merritt Minge Mitchell Moore, Don C. Newon, A. S.
Newton, D. L. Odom Oglesby Otwell Pafford Parker Parrish Peterson
Phillips Powers Reid Richardson Ross Rush Russell Sherman Shields Sims Simkins Smith, G. L. II
MONDAY, FEBRUARY 14, 1966
1767
Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Sweat
Thomas Thompson, R. Townsend Tucker Tye Walling Wells Westlake Wiggins Wilson, J. M. Wood
Those voting in the negative were Messrs.
Anderson Bean Bennett Berry Brinkley Carley Collins, M. Dorminy Farrar Floyd Gaissert Hadaway Harris, J. F. Harris, R. W.
Holder Howell Jones, M. Jordan, W. H. Land Lovell Lovett Lowrey Malone Melton Mixon Murphy Palmer Paris
Pickard Rainey Reaves Roach Savage Stovall Taylor Thompson, A. W. Vaughan, D. N. Watson Webb Williams, G. J.
Those not voting were Messrs.:
Alexander Bowen Brackin Brown, C. Brown, M. P. Carr Colwell Conger Conner Daugherty Dean Egan Elliott Etheridge Gary Gaynor
Grier Hamilton Henderson Hill Hood Houston Howard Irvin Jones, G. Paul Knight Lambert Lane Levitas Longino Maddox McClatchey
McDaniell Moore, J. H. NeSmith, J. D. Nessmith, P. Overby Rowland Smith, A. B. Story Sullivan Underwood Vaughn, C. R. Ware Watkins Williams, W. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 116, nays 40.
The Bill, having received the requisite constitutional majority, was passed, as amended.
1768
JOURNAL OF THE HOUSE,
HB 602. By Messrs. Westlake, Evensen and Bean of the 119th:
A Bill to be entitled an Act to amend Code Chapter 27-2 relating to arrests, as amended, so as to provide for immunity from criminal liability for any person who shall in good faith render assistance to any law enforcement officer who is being hindered or whose life is being endangered by the conduct of any other person or persons; and for other purposes.
The following amendment was read and adopted:
Mr. Hale of the 119th moves to amend HB 602 by (1) Change words "criminal liability" to "Criminal Prosecution" in Section 1 and correct title thereto accordingly.
(2) Strike last sentence of Section 1 and that title be amended 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 Adams Anderson Bagby Barber Barfield Bean Bedgood Berry Black Blair Blalock Brantley Brinkley Brown, B. D. Bryant Busbee Byrd Caldwell Carley Games Gates Chandler
Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Conger Conner Cook Crowe Dailey Daugherty Davis Dixon Dollar Doster Drew Duncan Egan Evensen Farrar Floyd Fulford Funk Gaissert
Gary Gignilliat Grier Hadaway Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Herndon Higginbotham Hill Holder Hood Houston Howell Hutchinson Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley
MONDAY, FEBRUARY 14, 1966
1769
Knapp Lambros Land Lane Lea, P. R. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Lovell Lovett Lowrey Malone Matthews, C. Mauldin McClatchey McCracken Melton Merritt Minge Mixon Moore, Don C. NeSmith, J. D. Newton, A. S. Odom Oglesby
Otwell Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Ross Rush Russell Shields Sims Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker
Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wood
Levitas
Those not voting were Messrs. :
Alexander Alien Bennett Bowen Brackin Brown, C. Brown, M. P. Carr Colwell Cox Dean DeLong
Dickinson
Dillon
Dorminy
Elliott
Etheridge
Fleming
Gaynor
Grahl
Hale Hamilton Harrell Harrington Henderson Howard Hull Irvin Johnson, B. Jones, G. Paul Knight Lambert
Levitas
Longino
Maddox
Marshall
Matthews, D. R.
McDaniell
Mitchell
Moore, J. H.
Murphy Nessmith, P. Newton, D. L. Overby Pafford Rowland Savage Sherman Simkins Smith, A. B. Smith, G. L. II Smith, J. R.
Sullivan
Vaughn, C. R.
Ware
Watkins
Wilson, J. M.
Wilson, R. W.
Mr. Speaker
On the passage of the Bill, as amended, the ayes were 145, nays 0.
1770
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 379. By Messrs. Barber of the 24th, Carnes of the 129th, Dillon of the 128th and others:
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 for other purposes.
The following Committee amendment was read and adopted:
Committee moves to amend HB 379 by adding after the word Forces and before the word may, the following:
"or who was granted leave to serve in an official capacity as an Educational Consultant with the Department of Defense"
in Section I (7)
and by adding a sentence at the end of the paragraph after the period following the word "Section", to read as follows:
"Provided, however, any person coming under the provisions of this Act shall be required to pay the State's contribution, the mem ber's contribution and interest on the total contribution from incep tion date to date."
in Section I (7)
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Bagby Barber Bean Bedgood Berry Black
Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Bryant
Byrd Caldwell Carley Carnes Gates Chandler Clarke, H. G. Clark, J. T.
Collins, J. F. Collins, M. Colwell Cook Cox Crowe Dailey Daugherty Davis Dean Dickinson Dillon Dixon Dollar Drew Duncan Egan Elliott Evensen Farrar Floyd Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon
MONDAY, FEBRUARY 14, 1966
1771
Higginbotham Hill Holder Houston Howard Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Lambert Lambros Land Lea, F. R. Lee, W. S. Lewis Longino Lovell Lovett Lowrey Marshall Matthews, C. Mauldin McClatchey McCracken Melton Merritt Minge Mixon Moore, Don C. Murphy Newton, A. S. Odom Oglesby
Otwell
Overby Palmer Parker Parrish Phillips Powers Rainey Reaves Roach Rowland Rush Savage Shields Sims Smith, A. B . Smith, W. L. Snow Spikes Spillers Starnes Steis Story Sweat Taylor Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Walling Watson Westlake Williams, G. J. Williams, W. M. Wood
Voting in the negative was Mr. Alien
Those not voting were Messrs.:
Alexander Anderson Barfield Bennett Bo wen Brown, M. P. Busbee Carr Conger Conner
DeLong Dorminy Doster Etheridge Fleming Gary Hale Hamilton Harrell Hood
Howell Hull Johnson, B. Jones, G. Paul Knapp Knight Lane Lee, W. J. (Bill) Leonard Levitas
1772
Maddox Malone Matthews, D. R. McDaniell Mitchell Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, D. L. Pafford Paris Peterson Pickard
JOURNAL OF THE HOUSE,
Reid Richardson Ross Russell Sherman Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Snellings Stalnaker Stewart Stovall
Sullivan Thomas Underwood Vaughn, C. R. Ware Watkins Webb Wells Wiggins Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 135, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 298-698. By Mr. Harris of the 118th:
A RESOLUTION
To be entitled an Act to amend a Resolution proposing an amend ment to Article VII, Section IV, of the Constitution changing the pro visions relating to the powers of county governments, adopted at the 1965 Regular Session of the General Assembly (Resolution Act No. 82, Ga. Laws 1965, p. 758), so as to provide that the powers and authority granted by said amendment shall be cumulative of the existing powers and authority granted to counties and shall not operate to repeal any existing local constitutional amendments; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
A Resolution proposing an amendment to Article VII, Section IV, of the Constitution changing the provisions relating to the powers of county governments, adopted at the 1965 Regular Session of the General Assembly (Resolution Act No. 82, Ga. Laws 1965, p. 758), is hereby amended by adding a new Paragraph after Paragraph V of the quoted Section IV as the same appears in Section 1. of said 1965 amendatory resolution, to be known as Paragraph 6, to read as follows:
"Paragraph 6. The powers and authority granted by this amendment shall be cumulative of all powers and authority hereto fore granted to counties and shall not operate to repeal any exist ing local constitutional amendments."
MONDAY, FEBRUARY 14, 1966
1773
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 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 Alexander Alien Anderson Barber Barfield Bedgood Berry Black Blair Blalock Brantley Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Cook Crowe Dailey Daugherty Davis Dean Dickinson Dixon Dollar Doster Drew Duncan
Egan Elliott Etheridge Evensen Farrar Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Hill Holder Hood Houston Howard Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp
Lambert Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken Melton Merritt Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Pafford Palmer Paris Parker Parrish
1774
Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Ross Rowland Rush Russell Savage Shields Sims
JOURNAL OF THE HOUSE,
Smith, A. B. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sweat Taylor Thomas
Thompson, A. W. Thompson, R. Townsend Tucker
Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Wells Westlake Wiggins Williams, G. J.
Those not voting were Messrs.:
Adams Bagby Bean Bennett Bowen Brackin Brown, M. P. Carley Carnes Carr Colwell Conger Conner Cox DeLong Dillon
Dorminy Fleming Grahl Grier Hale Henderson Howell Hull Irvin Jones, G. Paul Knight Lambros Lane Matthews, D. R. McDaniell Moore, J. H.
Nessmith, P. Overby Roach Sherman Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Sullivan Underwood Webb Williams, W. M. Wilson, J. M. Wilson, R. W. Wood 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.
HR 299-698. By Mr. Harris of the 118th:
A RESOLUTION
To be entitled an Act to amend a Resolution proposing an amend ment to Article XV of the Constitution providing home rule for counties, adopted at the 1965 Regular Session of the General Assembly (Ga. Laws 1965, p. 78) (Resolution Act. No. 81, Ga. Laws 1965, p. 752), so as to provide that the powers granted by said amendment shall be cumu-
MONDAY, FEBRUARY 14, 1966
1775
lative of all powers heretofore granted to counties and shall not operate to repeal existing local constitutional amendments; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
A Resoultion proposing an amendment to Article XV of the Con stitution providing home rule for counties, adopted at the 1965 Regular Session of the General Assembly (Ga. Laws 1965, p. 78) (Resolution Act No. 81, Ga. Laws 1965, p. 752), is hereby amended by adding a new Paragraph after Paragraph 4. of the quoted Section 2., Paragraph 1. as the same appears in Section 1. of said 1965 amendatory resolution, to be known as Paragraph 5., to read as follows:
"Paragraph 5. The powers granted by this amendment shall be cumulative of all powers heretofore granted to counties by the Constitution of Georgia of 1945 and amendments thereto and this amendment shall not operate to repeal any existing local constitu tional amendments."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment was read and adopted:
Mr. Harris of the 118th moves to amend HR 299-698, as follows:
By striking from the title the following: "(Ga. Laws 1965, p. 78)".
By striking from Section 1 the following: "(Ga. Laws 1965, p. 78)".
The report of the Committeee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander
Alien Anderson Barber
Barfield Bedgood Berry
1776
Black Blair Blalock Brantley Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley Carnes Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Conger Cook Cox Crowe Dailey Daugherty Davis Dean Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge Farrar Floyd Fulford Funk Gaissert Gaynor Gignilliat Grier Hadaway Hale
JOURNAL OF THE HOUSE,
Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Hood Houston Howell Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Knapp Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Murphy Ne Smith, J. D. Newton, A. S. Newton, D. L. Odom
Oglesby Otwell Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Ross Rowland Rush Russell Shields Sims Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Stewart Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker
Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Wells Westlake Wiggins Williams, G. J. Wilson, R. W.
Those not voting were Messrs.:
Bagby Bean Bennett
Bo wen Brackin Brown, M. P.
Carr Colwell Conner
DeLong Evensen Fleming Gary Grahl Henderson Higginbotham Hill Holder Howard Hull Irvin Jones, G. Paul Jordan, W. H.
MONDAY, FEBRUARY 14, 1966
1777
Knight Lambert Lane Leonard Levitas Matthews, D. R. McClatchey Moore, J. H. Nessmith, P. Overby Pafford Roach Savage Sherman
Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Snellings Story Underwood Watson Webb Williams, W. M. Wilson, J. M. Wood Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 153, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HB 553. By Messrs. Fulford of the 67th, Newton of the 94th and Palmer of the 117th:
A Bill to be entitled an Act to amend Code Chapter 84-12, relating to establishing the State Board of Osteopathic Examiners, as amended; and for other purposes.
The following Committee amendment was read and adopted:
The Hygiene and Sanitation Committee moves to amend HB 553 as follows:
By striking from the language quoted as Code Section 84-1207 in Section 1 the words "in this State but not otherwise" and inserting in lieu thereof the words "approved by the State Board of Osteopathic Examiners".
By striking from the language quote as subsection (b) of Code Section 84-1208 in Section 2 the words "in this State but not otherwise" and inserting in lieu thereof the words "approved by the State Board of Osteopathic Examiners".
The following amendment was read and adopted:
Mr. Watkins of the 9th moves to amend HB 553 as follows:
By striking the phrase "osteopathy in the hospitals in this State but not otherwise", as it appears at the end of the fourth sentence of Code Section 84-1207, which Code Section is quoted in Section 1 of said bill and substituting in lieu thereof the following phrase:
1778
JOURNAL OF THE HOUSE,
"osteopathy in the osteopathic hospitals, approved by the State Board of Osteopathic Examiners".
By striking from Subsection (b) of Code Section 84-1208, which Code Section is quoted in Section 2 of said bill, the phrase:
"osteopathy in the hospitals in this State but not otherwise",
as it appears in the first sentence of said Subsection, and substituting in lieu thereof the following:
"osteopathy in the osteopathic hospitals, approved by the State Board of Osteopathic Examiners,".
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 Adams Alexander Alien Barber Barfield Bean Bedgood Bennett Black Blair Brantley Brinkley Brown, B. D. Brown, C. Bryant Byrd Caldwell Carley Games Clarke, H. G. Collins, M. Colwell Conger Cox Crowe Dailey Daugherty Dollar
Doster Drew Duncan Egan Elliott Etheridge Evensen Parrar Pulford Punk Gaissert Gary Grier Hale Harrell Harrington Harris, J. F. Harrison Hawkins Henderson Herndon Higginbotham Hood Howell Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul
Jordan, Ben C. Kiley Knapp Lambert Lambros Land Lea, P. R. Lee, W. S. Lewis Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Newton, A. S. Newton, D. L. Oglesby Otwell
Overby Palmer Parker Peterson Phillips Powers Rainey Reaves Reid Richardson Roach Rowland Rush Russell
MONDAY, FEBRUARY 14, 1966
1779
Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Steis Stewart Stovall Sullivan Taylor Thomas Townsend Tucker
Tye Vaughan, D. N. Vaughn, C. R. Ware Watkins Webb Wells Westlake Wiggins Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Berry Blalock Davis Jones, M.
Lovell Moore, J. H. Murphy Savage
Shields Williams, W. M.
Those not voting were Messrs.:
Anderson Bagby Bowen Brackin Brown, M. P. Busbee Carr Gates Chandler Clark, J. T. Collins, J. F. Conner Cook Dean DeLong Dickinson Dillon Dixon Dorminy Fleming Floyd
Gaynor Gignilliat
Grahl Hadaway Hamilton Harris, J. R. Harris, R. W. Hill Holder Houston Howard Hull Irvin Jordan Knight Lane Lee, W. J. (Bill) Leonard Levitas Longino Mauldin NeSmith, J. D. Nessmith, P.
Odom Pafford
Paris Parrish Pickard Ross Sherman Sims Simkins Smith, A. B. Smith, G. L. II Smith, J. R.
Smith, V. T. Spillers Story Sweat Thompson, A. W. Thompson, R. Underwood Walling Watson Williams, G. J. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 127, nays 10.
The Bill, having received the requisite constitutional majority, was passed, as amended.
1780
JOURNAL OF THE HOUSE,
HB 657. By Messrs. Barber of the 24th, Wiggins of the 32nd, Ployd of the 7th, Gary of the 35th and others:
A Bill to be entitled an Act to provide for equal pay for both males and females for comparable work on jobs which have comparable require ments relating to skill, effort and responsibility; and for other pur poses.
The following Committee amendment was read and adopted:
The Special Judiciary Committee moves to amend HB 657 as fol lows:
By renumbering Section 10 as Section 11.
By adding a new Section 10 to read as follows:
"Section 10. Notwithstanding any other interpretation placed on any section or sections of this Bill, the purpose and intent are to re quire the same pay scale within the same business establishment for members of the opposite sex when they do the same job and possess the same knowledge, the same skill, give the same effort and provide the same responsibilities except as provided in Section 3, Paragraph (a) 1, which provides for differentials in pay."
Mr. Overby of the 16th offered an amendment which was read and lost.
Mr. Odom of the 79th offered an amendment which was read and lost.
The following amendments were read and adopted:
Mr. Richardson of the 116th moves to amend HB 657 as follows:
By striking section (7) therefrom and renumbering the re maining Paragraphs of said bill.
Mr. Barber of the 24th moves to amend HB 657 by striking para graph (a) Section 2 in its entirety and inserting in lieu thereof a new section (a) to read as follows:
(a) "Employee" means any individual employed by an em ployer, other than domestic or agricultural employee, including indi viduals employed by the State or any of its political subdivisions including public bodies.
Mr. Barber of the 24 moves to amend HB 657 by striking paragraph (b) of Section 2 in its entirety and inserting in lieu thereof a new paragraph (b) to read as follows:
MONDAY, FEBRUARY 14, 1966
1781
Employer includes any person employing 10 or more employees and acting directly or indirectly in the interest of an employer in relation to an employee.
Mr. Barber of the 24th moves to amend HB 657, Section 5, page 4 beginning with the word "No" 13th line, strike the following words word "Act"
"no agreement by such employee to work for less than the wage to which such employee is entitled under this Act shall be a bar to any such action, or to a voluntary wage restitution of the full amount due under this Act."
Mr. Barber of the 24th moves to amend HB 657 by:
Section 5, 3rd line strike the words beginning with the word "and in instances of willful violation in employee suits, up to an additional equal amount as liquidated damages . . . and place a period after the word wages.
Mr. Barber of the 24th moves to amend HB 657 by inserting in the 3rd line Section 7 after the word employment and before the word of the words If any.
Mr. Murphy of the 26th moves to amend HB 657 as follows:
By striking Section 4 in its entirety and renumbering the re maining Sections accordingly.
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 Adams Alexander Alien Anderson Bagby Barber Bedgood Berry Black Blair Blalock
Bowen Brantley Brinkley Brown, B. D. Brown, C. Bryant Caldwell Carley Carnes Gates Chandler Clarke, H. G.
Collins, J. F. Colwell Conner Cook Cox Crowe Dailey Daugherty Davis Dean Dickinson Dillon
1782
Dixon Doster Drew Egan Etheridge Farrar Floyd Fulford Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Houston Howard Howell Hutchinson Irvin Jones, C. M. Jones, M. Jordan, Ben C. Kiley Lambert Lambros Land Lea, F. R.
JOURNAL OF THE HOUSE,
Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Overby Paftord Palmer Paris Parrish Peterson Phillips Powers Reid Richardson Roach
Ross Rowland Rush Savage Sherman Shields Sims Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Story Sullivan Sweat Taylor Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Barfield Bean Busbee Collins, M. Conger Dorminy
Elliott Funk Hull Jones, G. Paul Jordan, W. H. Rnapp
Mixon Oglesby Pickard Russell Stewart
Those not voting were Messrs.:
Bennett Brackin
Brown, M. P. Byrd
Clark, J. T. DeLong
MONDAY, FEBRUARY 14, 1966
1783
Dollar Duncan Evensen Fleming Hale Harris, R. W. Johnson, Dr. A. S. Johnson, B.
Knight Lane NeSmith, J. D. Parker Rainey Reaves Simkins Smith, A. B.
Snellings Stovall Thomas Thompson, A. W. Webb Westlake Mr. Speaker
On the passage of the Bill, as amended, the ayes were 157, nays 17.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 500. By Messrs. Matthews of the 94th and Overby of the 16th:
A Bill to be entitled an Act to provide a supplemental appropriation, pursuant to the provisions of Sections 9 and 13 of the Employment Security Law, of additional funds which are otherwise available to the Department of Labor, for the purpose of providing suitable offices for use by the Employment Security Agency; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Bedgood Berry Black Blair Blalock Brackin Brown, B. D. Bryant Byrd Caldwell Carnes Gates Chandler
Clarke, H. G. Collins, J. F. Collins, M. Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dorminy Drew Duncan
Elliott Etheridge Fleming Floyd Fulford Gaissert Gary Gaynor Gignilliat Grier Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R.
1784
JOURNAL OF THE HOUSE,
Harrison Hawkins Herndon Higginbotham Hill Hood Houston Hull Johnson, Dr. A. S. Jones, C. M. Kiley Knapp Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Leonard Lewis Longino Lovell Lowrey Maddox Marshall Matthews, C. Matthews, D. R. Mauldin
McCracken Melton Merritt Minge Mitchell Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Paris Parker Parrish Powers Reaves Reid Richardson Roach Ross Rowland Rush Russell
Savage Sherman Shields Sims Simkins Smith, A. B. Smith, V. T. Smith, W. L. Snellings Snow Spillers Starnes Steis Story Sweat Taylor Thomas Townsend Vaughan, D. N. Walling Watkins Watson Wells Wiggins Williams, W. M. Wood
Those not voting were Messrs.:
Alien Anderson Bagby Barber Barfield Bean Bennett Bowen Brantley Brinkley Brown, C. Brown, M. P. Busbee Carley Carr Clark, J. T. Colwell Conger Conner Cook Dollar Doster Evensen Farrar Funk
Grahl Hadaway Harris, R. W. Henderson Holder Howard Howell Hutchinson Irvin Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight Land Lee, W. S. Levitas Lovett Malone McClatchey McDaniell Mixon Odom Pafford
Palmer Peterson Phillips Pickard Rainey Smith, G. L. II Smith, J. R. Spikes Stalnaker Stewart Stovall Sullivan Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughn, C. R. Ware Webb Westlake Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
MONDAY, FEBRUARY 14, 1966
1785
On the passage o'f the Bill, the ayes were 129, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 488. By Messrs. Newton of the 94th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th and Herndon of the 74th:
A Bill to be entitled "Department of Agriculture Registration, License and Permit Act"; to require persons applying to the Department of Agriculture for the State of Georgia for registration, to designate a place where the applicant may be personally served with legal process; and for other purposes.
The following Committee amendment was read and adopted:
The Judiciary Committee moves to amend HB 488 by adding at the end of Section 3 the following:
"A copy of said application shall be forwarded to the Secretary of State by the Department of Agriculture."
The following amendment was read and adopted:
Mr. Newton of the 94th moves to amend HB 488 as follows:
By inserting in the title between the words "State of Georgia;" and the words, "to provide for the revocation" the following: "to provide that no registration, license and/or permit shall be denied without opportunity for hearing in accordance with the Georgia Administrative Procedure Act;"
By inserting in the title immediately before the phrase, "to pro vide for severability;" the following: "to provide that no registra tion, license and/or permit shall be revoked without opportunity for hearing in accordance with the Georgia Administrative Pro cedure Act;"
By adding at the end of Section 5 a new sentence to read as follows: "Provided, however, no registration, license and/or permit shall be denied, as provided herein, without opportunity for hearing in accordance with the provisions of the Georgia Administrative Procedure Act."
By adding at the end of Section 6 a new sentence to read as follows: "Provided, however, no registration, license and/or per mit shall be revoked, as provided herein, without opportunity for hearing in accordance with the provisions of the Georgia Adminis trative Procedure Act."
1786
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alexander Anderson Barber Berry Black Blalock Brackin Brantley Brown, B. D. Bryant Byrd Cates Chandler Clarke, H. G. Clark, J. T. Collins, M. Crowe Dailey Daugherty Davis DeLong Dixon Dorminy Duncan Elliott Etheridge Fleming Floyd Fulford Gaissert Gaynor Gignilliat Hale Harrell Harris, J. R. Harrison Herndon Higginbotham
Hill Hood Houston Howard Howell Hull Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knapp Lambert Lane Lee, W. J. (Bill) Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L.
Oglesby Otwell Overby Pafford Palmer Paris Parker Phillips Powers Reaves Reid Richardson Rowland Rush Russell Savage Sherman Sims Simkins Smith, G. L. II Snellings Snow Spikes Spillers Starnes Steis Story Sweat Thomas Tucker Walling Ware Watson Webb Wells Westlake Wiggins Williams, W. M. Wood
Those not voting were Messrs. :
Adams Alien Bagby
Barfield Bean Bedgood
Bennett Blair Bo wen
Brinkley Brown, C. Brown, M. P. Busbee Caldwell Carley Carnes Carr Collins, J. F. Colwell Conger Conner Cook Cox
Dean Dickinson Dillon Dollar Doster Drew Egan Evensen Farrar Funk Gary Grahl
MONDAY, FEBRUARY 14, 1966
1787
Grier Hadaway Hamilton Harrington Harris, J. F. Harris, R. W. Hawkins Henderson Holder Hutchinson Jones, M. Kiley Knight Lambros
Land Lea, F. R. Lee, W. S. Leonard Levitas Lovett Maddox Mitchell Murphy Odom Parrish Peterson
Pickard Rainey Roach Ross Shields Smith, A. B. Smith, J. R. Smith, V. T. Smith, W. L. Stalnaker Stewart Stovall Sullivan Taylor
Thompson, A. W. Thompson, R. Townsend Tye Underwood Vaughan, D. N. Vaughn, C. R. Watkins Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
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 642. By Mr. Harris of the 118th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Administrative Procedure Act", so as to change the cross-reference referring to Section 14 (d) as the same appears in subsection (b) of Section 18, so that said cross-reference shall refer to Section 14 (a) (4); and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
1788
JOURNAL OP THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Barber Bedgood Berry Black Blair Blaloek Bo wen Brackin Brantley Brinkley Brown, B. D, Bryant Byrd Caldwell Carnes Carr Chandler Clarke, H. G, Clark, J. T. Conger Cox Crowe Dailey Daugherty Davis DeLong Dillon Dixon Dorminy Duncan Elliott Even sen Fleming Ployd Fulford Gaissert Gaynor
Gignilliat Grier Hale Harrell Harris, J. R. Harrison Henderson Herndon Higginbotham Hill Hood Houston Howard Howell Irvin Johnson, Dr. A. S. Jones, C. M. Jordan, W. H. Knapp Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCrackin McDaniell Melton Merritt Minge
Mixon Moore, Don C. Newton, A. S. Newton, D. L. Oglesby Otwell, J. A. Overby Palmer Paris Parker Phillips Powers Reid Ross Rowland Rush
Russell Savage Sherman Sims Smith, G. L. II Snow Spikes Spillers Starnes Steis Story Thomas Thompson, A. W. Tucker Walling Ware Watkins Watson Westlake Wiggins Williams, W. M. Wood
Those not voting were Messrs.:
Alien Anderson Bagby Barfield Bean Bennett Brown, C. Brown, M. P. Busbee Carley
Gates Collins, J. F. Collins, M. Colwell Conner Cook Dean Dickinson Dollar Doster
Drew Egan Etheridge Farrar Funk Gary Grahl Hadaway Hamilton Harrington
Harris, J. P. Harris, R. W. Hawkins Holder Hull Hutchinson Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knight Land Lee, W. S. Leonard Levitas Lovett Mitchell Moore, J. H.
MONDAY, FEBRUARY 14, 1966
1789
Murphy NeSmith, J. D. Nessmith, P. Odoni Pafford Parrish Peterson Pickard Rainey Reaves Richardson Roach Shields Simkins Smith, A. B. Smith, J. R. Smith, V. T. Smith, W. L. Snellings
Stalnaker Stewart Stovall Sullivan Sweat Taylor Thompson, R. Townsend Tye Underwood Vaughan, D. N. Vaughn, C. R. Webb Wells Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 244. By Mr. Hull of the 104th:
A Bill to be entitled an Act to amend the Appellate Procedure Act of 1965 so as to redefine the rules relating to the necessity of filing motions for new trial, and for other purposes.
The following amendment was read and adopted:
Mr. Hull of the 104th moves to amend HB 244 as follows:
1.
By striking Section 5 thereof, and substituting in lieu thereof the following:
"Section 5
Said Act is further amended by striking Section 13 thereof, relating to preparation of the record on appeal, and by substituting in lieu thereof the following:
Section 12 (a) Within thirty-five (35) days after the date of filing of the notice of appeal, it shall be the duty of the Clerk of the trial court to prepare a complete copy of the entire record of the case, omitting only those things designated for omission by the
1790
JOURNAL OF THE HOUSE,
appellant and which were not designated for inclusion by the ap pellee, together with a copy of the notice of appeal and copy of any notice of cross appeal, with date of filing thereon, and trans mit the same, together with the transcript of evidence and pro ceedings, if any, to the appellate court together with his certificate as to the correctness of the record. Where no transcript of evidence and proceedings is to be sent up, the Clerk shall prepare and transmit the record within twenty (20) days after the date of filing of the notice of appeal. If for any reason the Clerk is unable to transmit the record within the time hereinbefore re quired, or when an extension of time was obtained under Section 6 hereof, he shall attach his certificate attesting to the cause of the delay, and the appeal shall not be dismissed. The Clerk need not recopy the transcript of evidence and proceedings to be sent up on appeal, but shall send up the reporter's original and retain the copy, as referred to in Section 10 hereof, and it shall not be neces sary that the transcript be renumbered as a part of the record on appeal. The Clerk shall retain an exact duplicate copy of all records sent up, with the same pagination, in his office as a perma nent record.
(b) Where the accused in a criminal case was convicted of a capitol felony, the clerk shall likewise furnish the Attorney General with an exact copy of the record on appeal, for which the clerk shall be paid at the rate of 20 cents per hundred words plus $1.50 for the clerk's certificate, to be paid out of funds appropriated to the State Law Department; provided however, the clerk shall not receive compensation for the transcript of evidence and pro ceedings. In counties where the clerk is on a salary basis, all costs shall be paid into the county treasury. Where a defendant in a criminal case is confined in jail pending appeal, it shall be the duty of the clerk to state that fact in his certificate, and it shall be the duty of the appellate court to expedite disposition of the case.
2.
By striking from Section 9 of HB 244, the words "Section 6-1606. No decision shall be delivered ore tenus," and by substituting in lieu thereof the following:
"Section 6-1606. No decision shall be rendered ore tenus. The reporter shall publish in the official reports of the Supreme Court and Court of Appeals all judgments, but only those opinions which the courts shall direct to be published."
3.
By adding at the end of revised Section 18 (a) in Section 7 of said HB 244, the following:
"Where the address of any party is unknown and such party is not represented by an attorney of recod, service of all notices and other papers referred to above may be perfected on such party by mail directed to the last known address of such party."
MONDAY, FEBRUARY 14, 1966
1791
4.
By adding to the caption of HB 244, immediately prior to the clause "To repeal conflicting laws", the following:
"To amend Section 12 thereof, relating to preparation of the Record, so as to redefine same; to amend Section 18(a) thereof, relating to service, so as to provide for service upon parties whose address is unknown and who are not represented by an Attorney of record,"
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Barber Bedgood Bennett Berry Black Bowen Brinkley Brown, B. D.
Brown, C. Bryant Byrd Carley Carnes Carr Gates Clarke, H. G. Conger Cook Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar
Doster Drew Duncan Egan Elliott Farrar Fleming Floyd Fulford Gaissert Gaynor Grier Hadaway Hale Harris, J. F. Harris, J. R. Harris, R. W. Harrison Herndon Hill Hood Howell Hull Hutchinson Johnson, Dr. A. S. Jones, C. M. Jones, M. Jordan, W. H.
Kiley Knapp Lambert
Lambros Land Lane Lea, F. R. Lee, W. S. Levitas Lewis Longino Lowrey Malone Marshall Matthews, C. Mauldin McClatchey McCracken Minge Mixon Moore, Don C. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Palmer Paris Parker Parrish Peterson Phillips
1792
Pickard Rainey Reaves Reid Richardson Roach Rowland Rush Russell Sherman Sims Simkins Smith, A. B. Smith, G. L. II
JOURNAL OF THE HOUSE,
Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Story Stovall Sullivan Sweat Taylor Thompson, A. W.
Townsend Tucker Tye Underwood Vaughan, D. N. Walling Ware Watson Webb Wiggins Williams, W. M. Wood
Voting in the negative was Mr. V. T. Smith.
Those not voting were Messrs.:
Alexander Anderson Bagby Barfield Bean Blair Blalock Brackin Brantley Brown, M. P. Busbee Caldwell Chandler Clark, J. T. Collins, J. P. Collins, M. Colwell Conner Cox Dorminy Etheridge Evensen Funk Gary
Gignilliat Grahl Hamilton Harrell Harrington Hawkins Henderson Higginbotham Holder Houston Howard Irvin Johnson, B. Jones, G. Paul Jordan, Ben C. Knight Lee, W. J. (Bill) Leonard Lovell Lovett Maddox Matthews, D. R. McDaniell Melton
Merritt Mitchell Moore, J. H. Murphy Otwell Pafford Powers Ross Savage Shields Smith, J. R. Stewart Thomas Thompson, R. Vaughn, C. R. Watkins Wells Westlake Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 133, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
MONDAY, FEBRUARY 14, 1966
1793
HB 241. By Mr. Melton of the 34th:
A Bill to be entitled an Act to amend an Act creating the Georgia Educational Improvement Council so as to provide for the payment of per diem to the Chairman of the State Board of Education, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alien Barber Bedgood Bennett Berry Black Blalock Brinkley Bryant Byrd Carley Games Gates Chandler Clarke, H. G. Cox Dailey Davis Dean DeLong Dillon Dixon Doster Drew Duncan Elliott Farrar Floyd Fulford Gaissert Gaynor Gignilliat Grier Hadaway
Hale Harrell Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Howell Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Kiley Lambert Lea, F. R. Leonard Levitas Lewis Longino Lovell Lovett Lowrey Malone Marshall Matthews, C. Mauldin McClatchey McCracken Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. NeSmith, J. D.
Nessmith, P.
Newton, A. S. Newton, D. L. Oglesby Otwell Overby Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Roach Rowland Rush Russell Sherman Shields Sims Simkins
Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Story Stovall Sweat Taylor Thompson, A. W.
1794
Tye Vaughan, D. N. Walling Watson
JOURNAL OF THE HOUSE,
Webb Wells Wiggins Williams, W. M.
Wilson, R. W. Wood
Those not voting were Messrs. :
Alexander Anderson Bagby Barfield Bean Blair Bo wen Brackin Brantley Brown, B. D. Brown, C. Brown, M. P. Busbee Caldwell Carr Clark, J. T. Collins, J. F. Coiling, M. Colwell Conger Conner Cook Crowe Daugherty Dickinson Dollar Dorminy Egan Etheridge
Evensen Fleming Funk Gary Grahl Hamilton Harrington Henderson Higginbotham Hill Holder Hood Houston Howard Hull Hutchinson Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knapp Knight Lambros Land Lane Lee, W. J. (Bill) Lee, W. S. Maddox Matthews, D. R.
McDaniell Melton Murphy Odonv Pafford Pickard Rainey Richardson Ross Savage Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Stewart Sullivan Thomas Thompson, R. Townsend Tucker Underwood Vaughn, C. R. Ware Watkins Westlake Williams, G. J. Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 677. By Messrs. Steis of the 100th and Minge of the 13th:
A Bill to be entitled an Act to amend an Act reorganizing the State Department of Law so as to provide for reimbursement of expenses to the Attorney General, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
MONDAY, FEBRUARY 14, 1966
1795
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alien Anderson Bagby Barber Bennett Berry Black Blair Blalock Brantley Brinkley Brown, B. D. Brown, C. Bryant Byrd Carley Gates Chandler Clarke, H. G. Crowe Dailey Davis Dean DeLong Dickinson Dollar Doster Drew Duncan Egan Elliott Farrar Fleming Floyd Fulford Gignilliat Grahl
Grier Hadaway Hale Harrell Harris, J. R. Harris, R. W. Harrison Hawkins Holder Howard Howell Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Knapp Lambert Lane Lea, F. R. Lee, W. S. Leonard Levitas Lewis Longino Lovell Lovett Lowrey Malone Marshall Matthews, C. Mauldin McCracken Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H.
Murphy Nessmith, P. Odom Oglesby Otwell Overby Paris Parrish Peterson Phillips Powers Reid Roach Rowland Rush Russell Sherman Sims Simkins Smith, A. B. Smith, G. L. II Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Story Thompson, A. W. Tye Vaughan, D. N. Watson Wells Wiggins Williams, W. M. Wood
Those not voting were Messrs. :
Alexander Barfield Bean Bedgood Bowen Brackin
Brown, M. P. Busbee Caldwell Carnes Carr Clark, J. T.
Collins, J. F. Collins, M. Colwell Conger Conner Cook
1796
Cox Daugherty Dillon Dixon Dorminy Etheridge Evensen Funk Gaissert Gary Gaynor Hamilton Harrington Harris, J. F. Henderson Herndon Higginbotham Hill Hood Houston Hull Hutchinson Jones, G. Paul Jordan, Ben C.
JOURNAL OF THE HOUSE,
Jordan, W. H. Kiley Knight Lambros Land Lee, W. J. (Bill) Maddox Matthews, D. R. McClatchey McDaniell Melton NeSmith, J. D. Newton, A. S, Newton, D. L. Pafford Palmer Parker Pickard Rainey Reaves Richardson Ross Savage Shields
Smith, J. R. Smith, V. T. Spikes Stovall Sullivan Sweat Taylor Thomas Thompson, R. Townsend Tucker Underwood Vaughn, C. R. Walling Ware Watkins Webb Westlake Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 659. By Mr. Moore of the 20th:
A Bill to be entitled an Act declaring teaching a profession with all the rights accorded other recognized professions, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson
Bagby Barber Bean Bedgood
Bennett Berry Black Blair
Blalock Brantley Brinkley Brown, B. D. Brown, C. Bryant Byrd Carley Carries Carr Gates Clarke, H. G. Cook Cox Crowe Dailey Davis Dean DeLong Dillon Dixon Dollar Doster Drew Duncan Egan Etheridge Farrar Floyd Fulford Gaissert Gary Gignilliat Grahl Grier Hadaway Hale Harrell Harris, J. F. Harris, J. R. Harrison Hawkins
MONDAY, FEBRUARY 14, 1966
1797
Holder Hood Houston Howard Howell Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Lambert Lane Lea, F. R. Lee, W. J. (Bill) Leonard Levitas Lewis Longino Lovell Lovett Lowrey Marshall Matthews, C. Mauldin McClatchey McCracken Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Palmer
Paris Parrish Peterson Phillips Pickard Powers Reid Roach Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Story Stovall Sweat Taylor Thompson, A. W. Town send Tye Vaughan, D. N. Walling Watson Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Barfield Bo wen Brackin Brown, M. P. Busbee Caldwell Chandler Clark, J. T.
Collins, J. F. Collins, M. Colwell Conger Conner Daugherty Dickinson Dorminy Elliott
Evensen Fleming Funk Gaynor Hamilton Harrington Harris, R. W. Henderson Herndon
1798
Higginbotham Hill Hull Hutchinson Jordan, W. H. Knapp Knight Lambros Land Lee, W. S. Maddox Malone Matthews, D. R.
JOURNAL OF THE HOUSE,
McDaniell Murphy NeSmith, J. D. Nessmith, P. Odom Pafford Parker Rainey Reaves Richardson Ross Smith, A. B. Smith, J. R.
Smith, V. T. Spikes Sullivan Thomas Thompson, R. Tucker Underwood Vaughn, C. R. Ware Watkins Westlake Wilson, J. 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.
HB 357. By Messrs. NeSmith of the 43rd, Howard of the 101st and others:
A Bill to be entitled an Act to amend an Act so as to provide that the Governor shall appoint all successors to members of the Franklin D. Roosevelt Memorial Commission, and for other purposes.
The following Committee amendment was read and adopted:
The State of the Republic Committee moves to amend HB 357 as follows:
By inserting in the title immediately before the phrase "to repeal conflicting laws" the following, "to provide an effetcive date;".
By renumbering Section 2 as Section 3.
By adding a new section to be designated as Section 2, to read as follows:
"Section 2. This Act shall become effective on January 1, 1971."
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:
MONDAY, FEBRUARY 14, 1966
179?
Those voting in the affirmative were Messrs.:
Abney Anderson Bagby Barber Bean Bennett Bryant Clarke, H. G. Conger Conner Crowe Davis Dollar Dorminy Doster Duncan Evensen Gaynor Hadaway Harrington
Harris, J. F. Henderson Herndon Howard Johnson, Dr. A. S. Jones, C. M. Land Leonard Lewis Lowrey Mauldin McCracken McDaniell Minge Mitchell NeSmith, J. D. Nessmith, P.
Overby Palmer Paris
Peterson Phillips Reaves Roach Rowland Smith, G. L. II Smith, J. R. Smith, V. T. Snellings Spikes Stalnaker Starnes
Steis Stovall Taylor Tucker Vaughan, D. N. Ware Wilson
Those voting in the negative were Messrs.:
Adams Alexander Alien Berry Blair Brantley Brinkley Brown, B. D. Brown, C. Byrd Carnes Gates DeLong Dillon Dixon Egan Elliott Etheridge Farrar Floyd Gaissert Gary Gignilliat Grier
Harrell Harris, J. R. Hawkins Higginbotham Hill Hood Irvin Jones, G. Paul Jones, M. Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Levitas Longino Maddox Malone Matthews, C. Matthews, D. R. McClatchey Merritt Moore, Don C. Moore, J. H.
Newton, D. L. Otwell Pafford Pickard Powers Reid Ross Sherman Shields Sims Snow Spillers Stewart
Story Sweat Thompson, A. W. Townsend Walling Watson Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W.
Those not voting were Messrs.:
Barfield Bedgood Black
Blalock Bowen Brackin
Brown, M. P. Busbee Caldwell
1800
Carley Carr Chandler Clark, J. T. Collins, J. P. Collins, M. Colwell Cook Cox Dailey Daugherty Dean Dickinson Drew Fleming Fulford Funk Grahl Hale Hamilton Harris, R. W. Harrison
JOURNAL OF THE HOUSE,
Holder Houston Howell Hull Hutchinson Johnson, B. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lee, W. S. Lovell Lovett Marshall Melton Mixon Murphy Newton, A. S. Odom Oglesby Parker
Parrish Rainey Richardson Rush Russell Savage Simkins Smith, A. B. Smith, W. L. Sullivan Thomas Thompson, R. Tye Underwood Vaughn, C. R. Watkins Webb Wells Wood Mr. Speaker
On the passage of the Bill, as amended, the ayes were 59, nays 72.
The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.
HB 271. By Mr. Overby of the 16th: A Bill to be entitled an Act to amend Section 92-6216 so as to provide that copies of the tax returns of the owner of any property shall be received in evidence as to any issue concerning the value of the property, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Alien Anderson Bagby
Barber Berry Black Blair Brinkley
Brown, B. D. Brown, C. Bryant Byrd Carley
Carries Carr Clarke, H. G. Conger Cook Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dollar Dorminy Duncan Egan Elliott Etheridge Evensen Pulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Hill Holder
MONDAY, FEBRUARY 14, 1966
1801
Hood Howell Hull Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, W. H. Knapp Lambert Land Lane Lea, F. R. Lee, W. J. (Bill) Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Mauldin Merritt Mitchell Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Oglesby Otwell Overby Pafford Palmer
Parrish Peterson Phillips Powers Reid Roach Ross Rowland Rush Russell Savage Sherman Shields Simkins Smith, J. R. Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Stovall Sweat Taylor Thompson, A. W. Thompson, R. Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Abney Henderson Howard
Jordan, Ben C. McDaniell Vaughan, D. N.
Those not voting were Messrs.:
Barfield Bean Bedgood Bennett
Blalock Bo wen Brackin Brantley
Brown, M P.
Busbee Caldwell Gates Chandler Clark, J. T. Collins, J. F. Collins, M.
Wilson, J. M.
Colwell Conner Cox Dixon Doster Drew Farrar Fleming
1802
Floyd Hadaway Hale Hamilton Harris, R. W. Herndon Higginbotham Houston Hutchinson Jones, G. Paul Kiley Knight Lambros Lee, W. S. Leonard Lovett Matthews, C.
JOURNAL OF THE HOUSE,
Matthews, D. R. McClatchey McCracken Melton Minge Mixon Murphy Newton, D. L. Odom Paris Parker Pickard Rainey Reaves Richardson Sims Smith, A. B.
Smith, G. L. II Smith, V. T. Smith, W. L. Snow Story Sullivan Thomas Townsend Tucker Tye Underwood Vaughn, C. R. Walling Ware Watkins
Wells Mr. Speaker
On the passage of the Bill, the ayes were 122, nays 7.
The Bill, having received the requisite constitutional majority, was passed.
HB 651. By Messrs. Steis of the 100th, Floyd of the 7th and others:
A Bill to be entitled an Act to amend an Act so as to provide that the State Department of Veterans Service and the Veterans Service Board shall be authorized to apply for grants from the Federal Government, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Anderson Bagby Barber Bedgood Berry Black Blair
Blalock Brantley Brown, B. D. Brown, C. Bryant Byrd Games Carr Clarke, H. G. Collins, M. Colwell
Conger Conner Cook Cox Crowe Dailey Daugherty Davis DeLong Dickinson Dillon
MONDAY, FEBRUARY 14, 1966
1803
Dixon Dollar Dorminy Doster Duncan Egan Elliott Etheridge Evensen Farrar Floyd Fulford Gaissert Gary Gaynor Gignilliat Grahl Grier Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howell Hull Johnson, Dr. A. S. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knapp
Knight Lambros Lane Lea, F. R. Lee, W. J. (Bill) Leonard Levitas Lewis Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken Melton Merritt Minge Mitchell Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Parrish Peterson Phillips Pickard
Powers Reaves Reid Roach Ross Rowland Russell Savage Sherman Shields Simkins Smith, G. L. II Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Vaughan, D. N. Watson Webb Westlake Wiggins Williams, W. M. Wood
Those not voting were Messrs.:
Barfield Bean Bennett Bo wen Brackin Brinkley Brown, M. P. Busbee Caldwell Carley Gates Chandler Clark, J. T. Collins, J. F.
Dean Drew Fleming Funk Hadaway Hale Harris, R. W. Harrison Houston Howard Hutchinson Irvin Johnson, B. Jones, C. M.
Jones, M. Kiley Lambert Land Lee, W. S. Longino Matthews, D. R. McDaniell Mixon Murphy Odom Paris Parker Rainey
1804
Richardson Rush Sims Smith, A. B. Smith, J. R. Smith, V. T. Sullivan
JOURNAL OF THE HOUSE,
Tucker Tye Underwood Vaughn, C. R. Walling Ware Watkins
Wells Williams, G. J. Wilson, J. M. Wilson, R. W Mr. Speaker
On the passage of the Bill, the ayes were 143, nays 0
The Bill, having received the requisite constitutional majority, was passed.
Mr. Chandler of the 47th requested that he be recorded as voting "aye" on the passage of HB 651.
HR 297-698. By Messrs. Cook of the 123rd, Lambros of the 130th and others:
A Resolution to establish a Metropolitan Area Water Control Commis sion, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Barber Bean Bedgood Berry Black Blair Blalock Bowen
Brinkley Brown, B. D. Brown, C. Bryant Byrd
Caldwell Carley Carnes Carr Chandler Clarke, H. G. Collins, J. F. Collins, M. Colwell Conger Cook Cox
Crowe Dailey Daugherty Davis DeLong
Dickinson Dillon Dorminy Doster Drew Duncan Egan Elliott Etheridge Evensen Farrar Fulford
Funk Gaissert Gaynor Gignilliat Grahl
MONDAY, FEBRUARY 14, 1966
1805
Grier Harrell Harrington Harris, J. P. Harris, J. R. Harrison Henderson Herndon Higginbotham Hill Holder Hood Howell Hull Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Lambros Lea, P. R. Leonard Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C.
Matthews, D. R. McClatchey McCracken McDaniell Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Nessmith, P. Newton, A. S . Newton, D. L. Oglesby Overby Pafford Palmer Parrish Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Ross Rowland Rush Russell Savage
Shields Simkins Smith, A. B. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sweat Taylor Thompson, A. W. Townsend Tucker Tye Underwood Vaughan, D. N. Walling Ware Watkins Watson Webb Wells Westlake Wiggins Wilson, R. W. Wood
Voting in the negative was Mr. Knight.
Those not voting were Messrs.:
Anderson Bagby Barfield Bennett Brackin Brantley Brown, M. P. Busbee Gates Clark, J. T. Conner Dean Dixon Dollar Fleming Floyd
Gary Hadaway Hale Hamilton Harris, R. W. Hawkins Houston
Howard Hutchinson Irvin Johnson, B. Jones, C. M. Jordan, Ben C. Knapp Lambert Land
Lane Lee, W. J. (Bill) Lee, W. S. Mauldin Melton Murphy NeSmith, J. D. Odom Otwell Paris Parker
Sherman Sims Smith, G. L. II Smith, J. R. Smith, V. T.
1806
Sullivan Thomas Thompson, R.
JOURNAL OF THE HOUSE,
Vaughn, C. R. Williams, G. J. Williams, W. M.
Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 147, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 464. By Messrs. Simkins of the 106th, Sherman of the 105th and Snellings of the 104th:
A Bill to be entitled an Act to amend Code Section 26-2625 so as to change the punishment for certain larcenies, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Barber Bean Black Blair Blalock Bowen Brackin Brown, C. Bryant Byrd Caldwell Carley Carnes Carr Collins, M. Colwell, C. Conger Conner Cox Crowe
Dailey Daugherty Davis DeLong Dickinson Dillon Dollar Dorminy Drew Duncan Elliott Evensen Farrar Fleming Fulford Gaissert Gary Gaynor Gignilliat Grahl Harrell Harrington Harris, J. F.
Harris, J. R. Harrison Henderson Herndon Higginbotham Hill Holder Howard Howell Hull Irvin Johnson, Dr. A. S. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kiley Lane Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino
MONDAY, FEBRUARY 14, 1966
1807
Lovell Lowrey Maddox M alone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby
Otwell Overby Pafford Palmer Parker Parrish Peterson Phillips Powers Rainey Reaves Reid Richardson Ross Rush Russell Savage Sherman Sims Simkins Smith, G. L. II Smith, W. L. Snellings Snow
Spikes Spillers Stalnaker Steis Stewart Story Stovall Taylor Town send Tucker Tye Underwood Vaughan, D. N. Walling Ware Watkins Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.
Berry Brinkley
Starnes
Thompson, A. W.
Those not voting were Messrs.:
Alexander Anderson Bagby Barfield Bedgood Bennett Brantley Brown, B. D. Brown, M. P. Busbee Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Cook Dean Dixon Doster Egan
Etheridge Floyd Funk Grier Hadaway Hale Hamilton Harris, R. W. Hawkins Hood Houston Hutchinson Johnson, B. Jones, C. M. Jones, M. Knapp Knight Lambert Lambros Land
Lea, F. R. Lovett Nessmith, P. Paris Pickard Roach Rowland Shields Smith, A. B. Smith, J. R. Smith, V. T. Sullivan Sweat Thomas Thompson, R. Vaughn, C. R. Williams, G. J. Wilson, J. M. Mr. Speaker
1808
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 141, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
HB 262. By Mr. Etheridge of the 123rd:
A Bill to be entitled an Act to amend Code Section 30-105 so as to provide the information that must be contained in the petition for divorce, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Barber Bean Bedgood Black Blair Blalock Bowen Brinkley Brown, B. D. Brown, C. Bryant Byrd Caldwell Carley Carnes Carr Collins, M. Colwell Conger Conner Cox Crowe Dailey Daugherty Davis Dean
DeLong Dillon Dixon Dollar Drew Duncan Etheridge Evensen Farrar Fulford Funk Gaissert Gignilliat Grahl Grier Hale Hamilton Harrell Harris, J. F. Harris, J. R. Harris, R. W. Harrison Herndon Hill Hood Houston Howell Hull Hutchinson Jones, G. Paul
Jones, M. Jordan, W. H. Kiley Lambros Lea, F. R. Lee, W. S. Levitas Lewis Longino Lovell Lowrey Maddox Malone Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Newton, A. S. Newton, D. L. Oglesby Otwell
Palmer Parrish Peterson Phillips Powers Reaves Reid Richardson Reach Ross Rowland Rush Russell
MONDAY, FEBRUARY 14, 1966
1809
Savage Sherman Sims Smith, G. L. II Smith, W. L. Snow Spikes Spillers Stalnaker Starnes
Steis Story Sweat
Taylor Thompson, A. W. Townsend Underwood Vaughan, D. N. Walling Watkins Watson Webb Wells Wiggins Williams, W. M. Wood
Those voting in the negative were Messrs.:
Dickinson Murphy
Nessmith, P.
Wilson, R. W.
Those not voting were Messrs.:
Anderson Bagby Barfield Bennett Berry Brackin Brantley Brown, M. P. Busbee Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Cook Dorminy Doster Egan Elliott Fleming Floyd Gary Gaynor Hadaway
Harrington Hawkins Henderson Higginbotham Holder Howard Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jordan, Ben C. Knapp Knight Lambert Land Lane Lee, W. J. (Bill) Leonard Lovett Marshall Matthews, D. R. Odom Overby Pafford
Paris Parker Pickard Rainey Shields Simkins Smith, A. B. Smith, V. T. Snellings Stewart Stovall Sullivan Thomas Thompson, R. Tucker Tye Vaughn, C. R. Ware Westlake Williams, G. J. Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 129, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
1810
JOURNAL OF THE HOUSE,
HB 566. By Messrs. Dailey of the 66th, Odom of the 79th, Reid of the 32nd and Murphy of the 26th:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections so as to change the salary of the Director of Corrections, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Alexander Alien Anderson Bagby Barber Bedgood Black Blalock Bowen Brinkley Brown, C. Byrd Carr Gates Collins, M. Colwell Conner Crowe Dailey Davis DeLong Dixon Dollar Doster Duncan Elliott Etheridge Farrar Fulford Funk Grahl Grier Hale Harrell
Harrison Herndon Houston Howell Hull Johnson, A. S. Dr. Jones, C. M. Jones, M. Jordan, W. H. Land Lee, W. S. Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Mauldin McCracken Minge Mitchell Mixon Murphy Newton, D. L. Odom Oglesby Otwell Overby Paris Parrish Peterson Phillips Powers Rainey
Reaves Reid Richardson Roach Ross Rowland Rush Russell Sherman Shields Smith, A. B. Smith, W. L. Snow Spikes Stalnaker Starnes Steis Story Sullivan Taylor Thompson, A. W. Thompson, R. Tucker Vaughan, D. N. Vaughn, C. R. Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
MONDAY, FEBRUARY 14, 1966
1811
Those voting in the negative were Messrs.:
Bean Games Conger Cox Dickinson
Dillon Gaynor Gignilliat Harris, J. F. Higginbotham
Lea, F. R. Savage Simkins Sweat
Those not voting were Messrs.:
Adams Barfield Bennett Berry Blair Brackin Brantley Brown, B. D. Brown, M. P. Bryant Busbee Caldwell Carley Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Cook Dean Dorminy Drew Egan Evensen Fleming Floyd Gaissert Gary Hadaway Hamilton
Harrington Harris, J. R. Harris, R. W. Hawkins Henderson Hill Holder Hood Howard Hutchinson Irvin Johnson, B. Jones, G. Paul Jordan, Ben C. Kiley Knapp Knight Lambert Lambros Lane Lee, W. J. (Bill) Leonard Levitas Lewis Lovett Matthews, D. R. McClatchey McDaniell Melton
Merritt Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Pafford Palmer Parker Pickard Sims Smith, G. L. II Smith, J. R. Smith, V. T. Snellings Spillers Stewart Stovall Thomas Townsend Tye Underwood Walling Ware Webb Westlake Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 104, nays 14.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Lewis of the 50th requested that he be recorded as voting "aye" on HB 566.
HB 647. By Mr. Conner of the 91st: A Bill to be entitled an Act to amend Code Chapter 56-15 relating to the organization of domestic stock and mutual insurers so as to provide that
1812
JOURNAL OF THE HOUSE,
no person shall sell any subscriptions for insurance securities in this State unless the insurer has received authority to transact insurance in the State of Georgia from the Insurance Commissioner, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Banks and Banking moves to amend HB 647:
By adding at the end of subsection "a", Section 56-1506.1, the follow ing language:", or has an effective registration of such subscriptions for insurance securities with the Securities and Exchange Commission, or unless such subscriptions are sold by or through a broker in ac cordance with the rules of the Securities and Exchange Commission." And, by adding at the end of subsection "b", Section 56-1506.1, the following language, "or has an effective registration of such securities with the Securities and Exchange Commission, or unless such securities are sold by or through a broker in accordance with the rules of the Securities and Exchange Commission." And by adding a new section to be known as Section 2 which shall read as follows: "Nothing herein shall be deemed to prohibit distributions of insurance securities in consequence of a merger or other similar transaction."
And re-number Section 2 to read Section 8.
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.:
Adams Alien Anderson Barber Barfield Bean Bennett
Berry Blair Blalock Bowen Brantley Brown, B. D. Brown, C.
Bryant Busbee Byrd Caldwell Carnes Carr Gates
Clarke, H. G. Collins, M. Conner Cox Crowe Dailey Davis
DeLong Dickinson Dillon Dixon Dollar Drew Duncan
Elliott Evensen Farrar Fleming Floyd Funk Gaissert
MONDAY, FEBRUARY 14, 1966
1813
Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harrison Herndon Higginbotham Hill Holder Hood Houston Howell Hull Johnson, A. S. Dr. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lowrey Malone
Marshall Matthews, C. Matthews, D. R. Mauldin McClatehey McCracken Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Phillips Powers Rainey Reaves Reid Richardson Roach Rowland Rush
Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, W. L. Snellings Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Underwood Vaughan, D. N. Vaughn, C. R. Watson Webb Wells Westlake Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Alexander Bagby Bedgood Black Brackin Brinkley Brown, M. P. Carley Chandler Clark, J. T. Collins, J. F. Cohvell Cook Daugherty
Dean Dorminy Doster Egan Etheridge Fulford Gary Hale Harris, J. R. Harris, R. W. Hawkins Henderson Howard Hutchinson Irvin
Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Lane Leonard Le vitas Lovett Maddox McDaniell Melton Peterson Pickard Ross Smith, G. L. II
1814
Smith, J. R. Smith, V. T. Snow Spikes
JOURNAL OF THE HOUSE,
Tye Walling Ware Watkins
Wiggins Wilson, J. M. 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.
Under the general order of business established by the Committee on Rules, the following bills of the House were again taken up for consideration and read:
HB 560. By Messrs. Newton of the 94th, Marshall of the 39th and Lowrey of the 13th:
A Bill to be entitled an Act to amend the Georgia Biological Permit Act by striking the entire Act and enacting in lieu thereof the Georgia Biologicals Permit Act of 1966, and for other purposes.
The following amendments were read and adopted:
Mr. Newton of the 94th moves to amend HB 560 by striking "Unadulterated" in 3rd from last line of caption and inserting in lieu thereof the word "adulterated"
Mr. Newton of the 94th moves to amend HB 560 by striking in Section 10 of this Bill the words "sixty (60) days" and inserting in lieu therefor the words "Ninety (90) days".
and
By striking in section 10 of this Bill the words "ten (10) days" and inserting in lieu therefor the words "thirty (30) days"
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:
MONDAY, FEBRUARY 14, 1966
1815
Those voting in the affirmative were Messrs.:
Adams Alien Anderson Bagby Barber Barfield Bean Bennett Berry Black Blair Blalock Bo wen Brantley Brinkley Brown, B. D. Brown, C. Bryant Byrd Games Carr Gates Chandler Clarke, H. G. Collins, M. Colwell Conger Cox Dailey Davis DeLong Dickinson Dillon Dixon Dollar Doster Drew Duncan Evensen Farrar
Floyd Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway
Hale Hamilton Harrell Harrington Harris, J. F. Hawkins Herndon Higginbotham Hill Holder Hood Houston Howell Hutchinson Johnson, A. S. Dr. Johnson, B. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knight Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lovell Lowrey Malone Marshall Matthews, D. R.
Mauldin McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby
Otwell Pafford Palmer Paris Parker Parrish Peterson Powers Rainey Reaves Reid Richardson Roach Rowland Russell Savage Sherman Shields Sims Simkins Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Underwood Vaughan, D. N. Vaughn, C. R. Watkins Watson Webb Wells Westlake Wiggins Williams, G. J.
Wilson, R. W.
Those not voting were Messrs.:
Abney Alexander
Bedgood Brackin
Brown, M. P. Busbee
1816
Caldwell Carley Clark, J. T. Collins, J. F. Conner Cook Crowe Daugherty Dean Dorminy Egan Elliott Etheridge Fleming Fulford Gary Harris, J. E. Harris, R. W. Harrison
JOURNAL OF THE HOUSE,
Henderson Howard Hull Irvin Jones, C. M. Jones, G. Paul Knapp Lambert Leonard Longino Lovett Maddox Matthews, C. McClatchey McCracken Mitchell NeSmith, J. D. Overby Phillips
Pickard Ross Rush Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T.
Snow Stewart Townsend
Tye Walling Ware Williams, W. M. Wilson, J. M.
Wood Mr. Speaker
On the passage of the Bill, as amended, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Messrs. Overby and Wood of the 16th requested that the Journal show them as having voted for the passage of HB 560, as amended.
HB 509. By Messrs. Smith of the 3rd, Steis of the 100th and others:
A Bill to be entitled an Act to be known as the "Water Resources and Planning Act", and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Bagby
Barber Barfield Bean Bennett Berry
Black Blair Blalock Brantley Brinkley
Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carnes Carr Cates Clarke, H. G. Collins, M. Colwell Conger Cook Cox Dailey Davis Dean DeLong Dickinson Dillon Dixon Dollar Doster Drew Duncan Evensen Farrar Floyd Fulford Funk Gary Gignilliat Grahl Grier Hadaway Hamilton Harrell Harris, J. F. Harrison Hawkins Herndon
Hill
MONDAY, FEBRUARY 14, 1966
1817
Holder
Hood Houston Howell Hutchinson Irvin Johnson Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Lovell Lovett Lowrey M alone Marshall Matthews, C. Matthews, D. R. Mauldin McDaniell Melton Merritt Minge Mitchell Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odoni Otwell Overby Pafford Paris Parker Parrish Peterson
Powers Rainey Reaves Reid Richardson Rowland Rush Savage Sherman Shields Sims Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis SSttoerwy-art
Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Underwood Vaughan, D. N. Vaughn, C. R. Ware Watson
Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Bedgood Bowen Brackin
Brown, M. P. Carley Chandler Clark, J. T.
Collins, J. F. Conner Crowe Daugherty Dorminy Egan Elliott Etheridge
Fleming Gaissert Gaynor Hale Harrington Harris, J. R. Harris, R. W Henderson
1818
Higginbotham Howard Hull Johnson, B. Jones, C. M. Jordan, W. H. Knapp Knight Lambert Lane Leonard Levitas Longino
JOURNAL OF THE HOUSE,
Maddox McClatchey McCracken Mixon Moore, J. H. NeSmith, J. D. Oglesby Palmer Phillips Pickard Roach Ross Russell
Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Stovall Townsend Tye Walling Watkins Westlake Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 142, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Under the general order of business established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time:
HB 264. By Mr. Etheridge of the 123rd: A Bill to be entitled an Act to amend Code Section 30-202 relating to proceedings to obtain temporary alimony, and for other purposes.
The following amendment was read and adopted:
Mr. Etheridge of the 123rd moves to amend HB 264 by substituting the figure (10) for the figure (3) in the last sentence thereof.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs-
Adams Alexander Bagby
Barber Barfield Bedgood
Bennett Berry Blair
Blalock Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carries Carr Gates Clarke, H. G. Colwell Conger Conner Cox Davis Dean DeLong Dillon Dixon Dollar Doster Drew Duncan Etheridge Farrar Funk Gaissert Gary Gaynor Gignilliat Grahl Hamilton Harrell Harris, J. F. Harrison Hawkins Herndon
MONDAY, FEBRUARY 14, 1966
1819
Holder Hood Houston Howell Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, M. Kiley Lambros Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Lewis Lovell Lowrey M alone Matthews, C. Matthews, D. R. Mauldin McClatchey Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Newton, A. S. Odom Oglesby Otwell Overby Pafford Paris Parrish Peterson Powers
Rainey Richardson Roach Rowland Rush Savage Sherman Shields Sims Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Tucker Underwood Vaughan, D. N. Vaughn, C. R. Watson Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs. Dickinson
Those not voting were Messrs.:
Abney Alien Anderson Bean Black Bowen Brackin
Brantley Brown, M. P. Carley Chandler Clark, J. T. Collins, J. F. Collins, M.
Cook
Crowe Dailey Daugherty Dorminy Egan Elliott
1820
Evensen Fleming Ployd Pulford Hadaway Hale Harrington Harris, J. R. Harris, R. W. Henderson Higginbotham Hill Howard Hull Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knapp
JOURNAL OP THE HOUSE,
Knight Lambert Land Lane Leonard Levitas Longino Lovett Maddox Marshall McCracken McDaniell Murphy NeSmith, J. D. Nessmith, A. S. Newton, D. L. Palmer Parker Phillips
Pickard Reaves Reid Ross Russell Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Thomas Townsend Tye Walling Ware Watkins Westlake Mr. Speaker
On the passage of the Bill, as amended, the ayes were 125, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 300. By Mr. Matthews of the 94th:
A Bill to be entitled an Act to amend Code Section 34-1317 relating to assistance to electors when voting so as to change the number of electors a person shall assist in any election, and for other purposes.
An amendment offered by Mr. Williams of the 16th was read and lost.
The following amendment was read and adopted:
Mr. Wiggins of the 32nd moves to amend HB 300 by adding at end of "B" the following: "however, this provision shall not apply to the blind."
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:
MONDAY, FEBRUARY 14, 1966
1821
Those voting in the affirmative were Messrs.
Adams Alien Anderson Barber Barfield Bean Bennett Berry Black Blair Brantley Brinkley Bryant Byrd Caldwell Carries Carr Chandler Clarke, H. G. Collins, M. Conger Conner Dailey DeLong Dickinson Dillon Dollar Doster Duncan Evensen Farrar Fleming Floyd Gaissert Gignilliat Grahl Hadaway Harrell Harrington Har risen Hawkins
Hill Holder Houston Howard Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Jones, G. Paul Jones, M. Jordan, Ben C.
Kiley Knapp Lambros Land Lane Lea, F. R. Lee, W. S. Lewis Longino Lovett Lowrey Maddox Marshall Matthews, D. R. Mauldin McClatchey McDaniell Melton Merritt Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Newton, D. L.
Odom Oglesby Pafford Palmer
Paris Parker Parrish Peterson Phillips Powers Rainey Reid Roach Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, W. L. Snellings Spikes Stalnaker Stewart Story Taylor Thomas Thompson, R. Town send Tucker Underwood Vaughn, C. R. Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Wilson, J. M. Wilson, R. W.
Those voting in the negative were Messrs.:
Abney Blalock Brown, C. Gates Cook Davis Dixon Gary
Grier Hamilton Herndon Hood Lovell Malone Matthews, C. Minge
Mixon Starnes Sweat Thompson, A. W. Williams, W. M. Wood
1822
JOURNAL OP THE HOUSE,
Those not voting were Messrs.:
Alexander Bagby Bedgood Bowen Brackin Brown, B. D. Brown, M. P. Busbee Carley Clark, J. T. Collins, J. F. Colwell Cox Crowe
Daugherty Dean Dorminy Drew Egan Elliott
Etheridge Fulford Funk Gaynor Hale Harris, J. F. Harris, J. R. Harris, R. W. Henderson Higginbotham Johnson, B. Jones, C. M. Jordan, W. H. Knight
Lambert Lee, W. J. (Bill) Leonard Levitas McCracken Mitchell
NeSmith, J. D. Otwell Overby Pickard Reaves Richardson Ross Smith, J. R. Smith, V. T. Snow Spillers Steis Stovall Sullivan
Tye Vaughan, D. N. Walling Ware Mr. Speaker
On the passage of the Bill, as amended, the ayes were 123, nays 22.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Blalock of the 33rd moved that the House reconsider its action in passing
HB 300.
*|f
The motion was lost.
HB 342. By Messrs. Story and Watson of the 22nd, Lambert of the 38th, Paris of the 23rd and Steis of the 100th:
A Bill to be entitled an Act to amend the Uniform Act Regulating Traffic on the Highways so as to provide certain requirements for vehicles transporting explosives, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Motor Vehicles moves to amend HB 342 as follows:
By striking subsections (a), (b) and (c) of quoted Section 121A of Section 1 in their entirety and substituting in lieu thereof new sub-
MONDAY, FEBRUARY 14, 1966
1823
sections to be designated subsections (a), (b), (c), (d) and (e), to read as follows:
"(a) Said vehicle shall be marked or placarded on both sides and ends with the word "explosives" in letters not less than four inches high in contrasting colors. In addition to such marking or placarding, said vehicle may display an approved battery-operated 360 degree red light mounted on top of the vehicle or a red flag twenty-four inches square appropriately mounted so it will be readily visible from all directions with the word "explosives" painted, stamped, or sewed thereon in white letters at least six inches high or may display said 360 degree red light and said flag as described herein.
"(b) Every vehicle shall be equipped with not less than two approved fire extinguishers filled and ready for immediate use and placed at a convenient point on the vehicle so used.
"(c) Blasting caps or electric blasting caps shall not be transported over the highways on the same vehicle with other explosives except in an approved magazine as recommended by the Institute of Makers of Explosives.
"(d) Vehicles transporting explosives over the highways shall have the cargo area enclosed with materials other than canvas, tarpaulin or the like, and so constructed to protect the explosives from moisture, contamination and the general elements.
"(e) The Director is hereby authorized and directed to promulgate such additional regulations governing the transportation of explosives and other dangerous articles by vehicles upon the highways as he shall deem advisable for the protection of the public, including rules and regulations governing the minimum quantities of such explosives and other dangerous articles which may be transported without being in compliance with the requirements set forth herein but which insure the protection of the public."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien
Anderson Barber Barfield Bean
Bedgood Bennett Berry Black
1824
Blalock Brantley Brinkley Brown, B. D. Brown, C. Bryant Byrd Caldwell Carnes Carr Gates Colwell Cox Crowe Dailey Davis Dean DeLong Dillon Dixon Dollar Doster Drew Duncan Farrar Fulford Funk Gaissert Gary Gignilliat Grahl Grier Hale Hamilton Harrell Harris, J. F. Harrison Hawkins Herndon Higginbotham Hill Holder
JOURNAL OF THE HOUSE,
Hood Houston Howell Hutchinson Johnson, A. S. Dr. Johnson, B. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin McClatchey McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Newton, A. S. Newton, D. L. Odom Otwell Overby Palmer Paris
Parker Parrish Peterson Phillips Powers Rainey Reaves Reid Richardson Roach Ross Rowland Rush Shields Sims Smith, G. L. II Smith, W. L. Snow Spikes Stalnaker Starnes Steis Stewart Story Sullivan Sweat Thompson, A. W. Thompson, R. Townsend Underwood Vaughan, D. N. Watkins Watson
Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W.
Wood
Those not voting were Messrs.:
Bagby Blair Bowen Brackin Brown, M. P. Busbee Carley Chandler Clarke, H. G.
Clark, J. T. Collins, J. F. Collins, M. Conger Conner Cook Daugherty Dickinson Dorminy
Egan Elliott Etheridge Evensen Fleming Floyd Gaynor Hadaway Harrington
MONDAY, FEBRUARY 14, 1966
1825
Harris, J. R. Harris, R. W. Henderson
Howard Hull Irvin Jones, C. M. Jones, G. Paul Lambert Lane Leonard Levitas Matthews, D. R. McCracken
Mitchell Murphy NeSmith, J. D.
Nessmith, P. Oglesby Pafford Pickard Russell Savage Sherman Simkins Smith, A. B. Smith, J. R. Smith, V. T.
Snellings Spillers Stovall
Taylor Thomas Tucker Tye Vaughn, C. R. Walling Ware Webb Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 136, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 462. By Messrs. Snow of the 1st, Jones of the 112th and others:
A Bill (to be entitled an Act to amend an Act so as to authorize municipal governing authorities to provide for the inclusion of ad jacent unincorporated areas with the planning and zoning jurisdiction of the municipality, and for other purposes.
The following amendment was read and adopted:
Mr. Clarke of the 45th moves to amend HB 462 by adding a new section to follow Section 4 to be numbered Section 5 and renumbering Section 5 as Section 6. Said new section to read as follows: "The provisions of this Act shall not apply to municipalities having a population of less than 200 at the last Decennial census."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander
Anderson Berry Blair
Brinkley Carley Games
1826
Carr Gates Clarke, H. G. Cook Cox Dillon Egan Etheridge Farrar Gary Hamilton Harrell Harris, J. R. Harris, R. W.
JOURNAL OF THE HOUSE,
Hutchinson Johnson, A. S. Dr. Jones, M. Knight Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lovett Lowrey Malone Merritt Minge
Mitchell Odom Palmer Pickard Smith, G. L. II Snellings Snow Starnes Steis Thompson, A. W. Townsend Tucker Walling Wiggins
Those voting in the negative were Messrs.
Alien Barber Barfield Bean Bennett Black Brantley Brown, C. Bryant Byrd Caldwell Chandler Collins, M. Conger Crowe Dailey Davis Dean DeLong Dickinson Dollar Doster Duncan Elliott Evensen Fleming Floyd Fulford Funk Gaissert Gaynor Gignilliat Grier
Hadaway Harrington Harris, J. F. Harrison Herndon Higginbotham Hill Houston Howard Irvin Johnson, B. Jordan, Ben C. Jordan, W. H.
Kiley Knapp Lambert Land Lane
Lewis Longino Lovell Maddox Marshall Mauldin McCracken Mixon Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Otwell Overby
Pafford Paris Parker Parrish Peterson Phillips Rainey Reaves Richardson Roach Ross Rush Savage Simkins Smith, A. B. Smith, W. L. Spillers Stalnaker Stewart Story Stovall Sullivan Sweat Thomas Underwood Vaughan, D. N. Watson Webb Westlake Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bagby Bedgood
Blalock Bowen
Brackin Brown, B. D.
Brown, M. P. Busbee Clark, J. T. Collins, J. F. Colwell Conner Daugherty Dixon Dorminy Drew Grahl Hale Hawkins Henderson Holder Hood
MONDAY, FEBRUARY 14, 1966
1827
Howell Hull Jones, C. M. Jones, G. Paul Leonard Matthews, C. Matthews, D. R. McClatchey McDaniell Melton Moore, Don C. Moore, J. H. Oglesby Powers Reid Rowland
Russell Sherman Shields Sims Smith, J. R. Smith, V. T. Spikes Taylor Thompson, R. Tye Vaughn, C. R. Ware Watkins Wells Williams, G. J. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 51, nays 99.
The Bill, as amended, having failed to receive the requisite constitutional ma jority, was lost.
HB 245. By Messrs. Bagby of the 21st, Brown of the 120th and others:
A Bill to be entitled an Act to amend Code Title 114 relating to Workmen's Compensation, and for other purposes.
By unanimous consent, the Committee substitute was withdrawn.
The following substitute, offered by Mr. Bagby of the 21st, was read:
A BILL
TO BE ENTITLED
An act to amend Code Title 114, relating to workmen's compensation, as amended, so as to change the compensation for total and partial incapacitating injuries; to provide that an employee shall have the right to choose his own physician with the approval of the State Board of Workmen's Compensation in the event the board orders treatment because of a controversy between the employer and the employee; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 114, relating to workmen's compensation, as amended, is hereby amended by striking Code Section 114-404,
1828
JOURNAL OF THE HOUSE,
relating to compensation for total incapacity to work, in its entirety and substituting in lieu thereof a new Code Section 114-404, to read as follows:
"114-404. Total incapacity; limit of compensation. -- When the incapacity to work resulting from an injury is total, the employer shall pay or cause to be paid, as hereinafter provided for, to the employee during such total incapacity a weekly compen sation equal to 66-2/3 per cent of his average wages but not more than $44.00 per week, nor less than $18.00 per week, except when the weekly wage is below $18.00, then the regular wages on the date of the accident shall be the weekly amount paid, and in no case shall the period covered by such compensation be greater than 400 weeks."
Section 2. Said Code Title is further amended by striking Code Section 114-405, relating to compensation for partial incapacity to work, in its entirety and substituting in lieu thereof a new Code Section 114-405, to read as follows:
"114-405. Partial incapacity; limit of compensation.--Except as otherwise provided in the next Section hereafter, where the incapacity for work resulting from the injury is partial, the employer shall pay, or cause to be paid, as hereinafter provided, to the injured employee during such incapacity, a weekly compen sation equal to 66-2/3 per cent of the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter, but not more than $36.00 a week, and in no case shall the period covered by such compensation be greater than 400 weeks from the date of injury. In the event partial incapacity shall follow a period of total incapacity, the number of weeks to which the employee shall be entitled to receive compensation under this Section shall be reduced by the number of weeks for which payments for total incapacity have been made to the employee, and in such event, the limitation as to the total compensation payable under this Section shall not limit the total compensation which may be collected by the employee."
Section 3. Said Code Title is further amended by striking from Code Section 114-410, relating to compensation for more than the permanent injury, the words and figure "exceeding 350 weeks" and inserting in lieu thereof the words and figure "exceeding 400 weeks", and by striking the last sentence thereof, which reads as follows:
"In no event shall the total amount of compensation paid exceed $12,500.",
so that when so amended Code Section 114-410 shall read as follows:
"114-410. Two permanent injuries.--If an employee receives a permanent injury as specified in Section 114-406, after having sustained another permanent injury in the same employment, he shall be entitled to compensation for both injuries, but the total compensation shall be pnid by extending the period and not by increasing the amount of weekly compensation, and in no case
MONDAY, FEBRUARY 14, 1966
1829
exceeding 400 weeks. When the previous and subsequent permanent injuries received in the same employment result in total disability, compensation shall be payable for permanent total disability, but payments made for the previous injury shall be deducted from the total payment of compensation due."
Section 4. Said Code Title is further amended by striking from Code Section 114-501, relating to the medical and other expenses, in its entirety and inserting in lieu thereof a new Code Section 114-501, to read as follows:
"114-501. Medical and other treatment; artifical members; effect of refusal to accept. Medical, surgical, hospital and other treatment, including medical and surgical supplies as may be reasonably required to effect a cure or give relief, as in the judg ment of the Board may tend to lessen the period of disability, and in addition thereto such original artificial members as may be reasonably necessary at the end of the healing period shall be provided by the employer. In case of a controversy arising between the employer and the employee relative to medical, surgical, hospital or other treatment, the State Board of Workmen's Compensation may order such treatment as may, in the discretion of the board, be necessary; provided, however, the employee shall have the right to choose his own physician with the approval of the board.
"The board may at any time upon request of an employer order a change of physician or treatment and designate other treatment or another physician as suggested by the employer subject to the approval of the board, and in such a case the expense thereof shall be borne by the employer upon the same terms and and conditions as herein-before provided in this Section for medical and surgical treatment and attendance.
"The refusal of the employee to accept any medical, hospital, surgical, or other treatment when ordered by the State Board of Workmen's Compensation shall bar said employee from further compensation until such refusal ceases, and no compensation shall at any time be paid for the period of suspension unless, in the opinion of the State Board of Workmen's Compensation, the circumstances justify the refusal, in which case, the State Board of Workmen's Compensation may order a change in the medical or hospital service."
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Lane of the 64th moved that HB 245 be tabled.
On the motion to table, the roll call was ordered and the vote was as follows:
1830
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Anderson Barfield Bean Berry Black Blalock Carr Chandler Clarke, H. G. Collins, M. Colwell Conner Cook Davis Dorminy Drew Egan Etheridge Floyd
Fulford Gaissert Gignilliat Harris, J. F. Holder Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Lambert Land Lovell Lovett Marshall Mauldin Melton Mixon Moore, Don C. Nessmith, P.
Oglesby Parker Parrish Pickard Rainey Reaves Ross Sherman Simkins Smith, V. T. Smith, W. L. Snow Spikes Vaughan, D. N. Ware Webb Wiggins Wilson, R. W.
Those voting in the negative were Messrs.:
Adams Alexander Alien
Bagby Barber Bennett Blair Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley Carnes Gates Conger Cox Crowe Dailey Daugherty Dean DeLong Dickinson Dillon Dixon Dollar Doster Duncan
Elliott Evensen Farrar Fleming Funk Gary Gaynor Grahl Grier Hamilton Harrell Harrington Harris, J. R. Harris, R. W. Har risen Henderson Herndon Higginbotham Hood Houston Howard Howell Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Lea, F. R. Lee, W. J. (Bill) Lee, W. S.
Levitas Lewis Lowrey Matthews, C. Matthews, D. R. McCracken McDaniell Merritt Minge Mitchell Murphy Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford Palmer Paris Peterson Phillips Powers Reid Richardson
Roach Rowland Rush Russell Savage Sims
MONDAY, FEBRUARY 14, 1966
1831
Smith, A. B. Smith, G. L. II Snellings Spillers Starnes Steis Stewart Story Stovall
Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Vaughn, C. R. Walling
Watkins Watson Wells Westlake Williams, G. J. Williams, W. M. Wilson, J. M.
Wood
Those not voting were Messrs.:
Bedgood Bowen Brackin Brantley Brown, M. P. Clark, J. T. Collins, J. F. Hadaway Hale Hawkins
Hill Jones, G. Paul Knapp Knight Lambros Land Leonard Longino Maddox Malone
McClatchey Moore, J. H. NeSmith, J. D. Shields Smith, J. R. Townsend Tye Underwood Mr. Speaker
On the motion to table, the ayes were 59, nays 116.
The motion to table was lost.
An amendment offered by Mr. Conger of the 89th was read and lost.
The following amendment to the substitute was read:
Messrs. Williams, Wood and Overby of the 16th move to amend the Bagby substitute to HB 245 by adding a new sub-paragraph at the end of Section 4 to read as follows: "Provided, however, the medical expenses to be paid by the employer shall not exceed the sum of $5,000.00."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Anderson Barber
Bean Berry Black
Blalock Brinkley Bryant
1832
Busbee Byrd Caldwell Carley Carr Cates Chandler Clarke, H. G. Chandler Collins, M. Colwell Conger Conner Cook Davis DeLong Dollar Dorminy Doster Drew Egan Elliott Etheridge Evensen Fleming Floyd Fulford Gaissert Gary Gaynor Gignilliat Grahl Hadaway Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Higginbotham Holder
JOURNAL OF THE HOUSE,
Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, M. Jordan, W. H. Kiley Knapp Lambert Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin McClatchey Melton Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Newton, D .L. Odom Oglesby Overby Pafford
Palmer Paris Parker Parrish Pickard Powers Rainey Richardson Roach Ross Rowland Sherman Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Stalnaker Stewart Story Stovall Sullivan Taylor Thompson, R. Townsend Tucker Underwood Vaughan, D. N. Walling Ware Watkins Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.
Adams Alexander Bagby Barfield Bennett Brown, B. D. Brown, C. Games Cox Crowe
Daugherty Dean Dickinson Dillon Dixon Duncan Farrar Grier Hamilton Harrison
Herndon Hood Houston Howard Jones, C. M. Jordan, Ben C. Otwell Phillips Reid Rush
Russell Savage Smith, A. B. Spillers
MONDAY, FEBRUARY 14, 1966
1833
Starnes Steis Sweat Thomas
Thompson, A. W. Williams, G. J.
Those not voting were Messrs.:
Alien Bedgood Blair Bowen Brackin Brantley Brown, M. P. Clark, J. T. Collins, J. F. Dailey
Funk Henderson Hill Jones, G. Paul Knight Lambros Leonard Matthews, D. R. McCracken McDaniell
Merritt NeSmith, J. D. Peterson Reaves Shields Smith, J. R. Tye Vaughn, C. R. Wilson, J. M. Mr. Speaker
On the adoption of the amendment, the ayes were 134, nays 40.
The amendment was adopted.
An amendment offered by Mr. Etheridge of the 123rd was read and lost.
The following amendment was read and adopted:
Mr. Carnes of the 129th moves to amend Section 4 to Floor Substi tute for HB 245 by changing the period at the end of the first para graph of Georgia Code Section 114-501 to a semicolon, and adding to said paragraph the following:
"Provided, however, that employees of any city shall continue to use the facilities of any hospital with which any municipality has a contract or other agreement regarding their care and treat ment under the provisions of the Workmen's Compensation Law."
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Bagby
Barber Bennett Blair
Brinkley Brown, B. D. Brown, C.
1834
Bryant Busbee Caldwell Carley Games Gates Cox Crowe Daugherty Dean DeLong Dickinson Dillon Dixon Duncan Elliott Evensen Parrar Fleming Funk Gary Grier Hale Hamilton Harrell Harris, J. R. Harris, R. W. Harrison Hawkins Henderson
JOURNAL OF THE HOUSE,
Herndon Higginbotham Hood Houston Howard Howell Jones, C. M. Jones, M. Jordan, Ben C. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lowrey Maddox Matthews, D. R. McClatchey McDaniell Merritt Minge Mitchell Moore, J. H. Murphy Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford
Palmer Paris Reid Richardson Roach Rowland Rush Savage Sims Smith, A. B. Smith, W. L. Spillers Starnes Steis Story Stovall Sullivan Sweat
Thomas Thompson, A. W. Tucker Vaughn, C. R. Walling Watkins Wells Westlake Williams, G. J. Williams, W. M. Wilson, J. M. Wood
Those voting in the negative were Messrs.:
Abney Alien Anderson Barfield Bean Berry Black Blalock Byrd Carr Chandler Collins, M. Colwell Conger Conner Cook Dailey Davis Dollar Dorminy
Doster Drew Egan Etheridge Floyd Fulford Gaissert Gaynor Gignilliat Hadaway Harrington Harris, J. F.
Holder Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jordan, W. H. Kiley
Knapp Lambert Lane Lovell Lovett Marshall Matthews, C. Mauldin McCracken
Melton Mixon Moore, Don C. Nessmith, P. Oglesby Parker Parrish Pickard Powers Rainey Reaves
Ross Russell Sherman Shields Simkins Smith, G. L. II Smith, V. T. Snellings
MONDAY, FEBRUARY 14, 1966
1835
Snow Spikes Stalnaker Stewart Taylor Thompson, R. Townsend Underwood
Vaughan, D. N. Ware Watson Webb Wiggins Wilson, R. W.
Those not voting were Messrs.:
Bedgood Bowen Brackin Brantley Brown, M. P. Clarke, H. G. Clark, J. T. Collins, J. P.
Grahl Hill Jones, G. Paul Knight Lambros Land Lea, F. R. Leonard
Malone NeSmith, J. D. Peterson Phillips Smith, J. R. Tye Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 99, nays 82.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Bagby of the 21st gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 245.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute as amended by the requisite constitu tional majority the following Bill of the House to-wit:
HB 86. By Messrs. Cook of the 123rd, Carnes of the 129th and others:
A Bill to amend an Act establishing a new charter for the City of Atlanta, so as to extend the corporate limits; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to-wit:
1836
JOURNAL OF THE HOUSE,
HB 6. By Messrs. Hull of the 104th, Conger of the 89th and others:
A Bill to comprehensively revise, supersede and modernize pretrial, trial and certain posttrial procedures in civil cases; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 86. By Messrs. Cook of the 123rd, Carnes of the 129th and others:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Atlanta, and for other purposes.
Mr. Cook of the 123rd moved that the House disagree to the Senate substitute to HB 86.
The motion prevailed and the House disagreed to the Senate substitute to HB 86.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
HB 6. By Messrs. Hull of the 104th, Conger of the 89th, Jones of the 112th, Harris of the 85th, Lambert of the 38th and others: A Bill to be entitled an Act to comprehensively revise, supersede, and modernize pretrial, trial and posttrial procedures in civil cases; and for other purposes.
The following Senate amendments were read:
"Senator Smalley of the 28th moves to amend HB 6 by sub stituting the word 'shall' for the word 'may' in the last sentence of Section 13 (b)."
The Senate Committee moves to amend HB 6 as follows:
1. By adding at the end of Section 6(a) the following:
"This subsection shall apply whether the period is measured in days, months, years, or other unit of measurement of time."
2. By striking from Section 13(a), llth and 12th lines, the words "exceeds the jurisdictional limit of the court", and by substituting in lieu thereof the words: "is not within the jurisdiction of the Court".
MONDAY, FEBRUARY 14, 1966
1837
3. By adding a period after the words "third party plaintiff" in the 17th line of Section 14(a), and by inserting just before the words "and the third-party defendant" in said line of said section, the words:
"The plantiff may assert any claim against the third-party de fendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plain tiff"
4. By striking from Section 17(a), third line, the semi-colon follow ing the word "interest", and by substituting in lieu thereof a period, and by striking the word "but" which follows and by capitalizing the "A" in the word "An" which follows:
5. By striking subparagraph (3) of Section 23(a).
6. By adding in Section 30(d), before the word "Granting" in the 12th line of said paragraph the word "In".
7. By designating the "Section 35" on page 41, entitled "Admission of Pacts and Genuineness of Documents" as "Section 36".
8. By striking from Section 42(a), second line, the words ", if the parties consent".
9. By designating existing Section 46 as "46(a)", and by adding a new subparagraph to be known as "b", as follows:
"b) Where motion for mistrial or other like relief is made, the question is thereby presented as to whether the moving party is entitled to the relief therein sought or to any lesser relief, and where such motion is denied in whole or in part, it shall not be necessary that the moving party thereafter renew his motion or otherwise seek further ruling by the Court."
10. By striking from Section 50(b), in the 3rd line from the end, the word "has" and by substituting in lieu thereof the word "had".
11. By striking the last sentence of Section 51 and by substituting in lieu thereof the following:
"The Court shall cause all requests to charge presented to it to be filed with the clerk, unless previously filed."
12. By striking from Section 55 (a), in the second line, the words "its appearance day", and by substituting in lieu thereof the words, "the time required by these rules", and by striking from the fifth line of said Section, the words "after the appearance day", and by substi tuting in lieu thereof the words "of the day of default", and by striking from the twelfth line the words "civil cases" and by substituting there for the words "ex contractu".
1838
JOURNAL OF THE HOUSE,
13. By adding at the end of Section 60(b), the following:
"but generally judgments shall not be set aside without just cause, and in setting aside or otherwise modifying judgments, the Courts shall consider whether rights have vested thereunder, and whether or not innocent parties would be injured thereby."
14. By striking from Section 65(b) in the ninth line, the words "60 days" and by substituting in lieu thereof the figures and words "20 days"; and by striking from the last line of said Section 65(b), the word "that".
15. By adding immediately following Section 134, and just before Section 135, a new section, Section 134A, as follows:
"Section 134A. Ejectment. The fictitious forms of pleading in ejectment are hereby abolished. A complaint in ejectment shall be brought in the name of the party claiming title or the right of pos session, and shall name as defendant the person or persons in pos session or claiming an interest therein. The complaint shall contain an abstract of plaintiff's title or refer to the deeds by date, parties and recording information constituting plaintiff's chain of title, for at least (30) years back, or else allege why such could not be done. The defendant shall in like manner identify his chain of title or right of possession for a like period, or else allege why such cannot be done. The question in ejectment shall be whose title or right of possession is superior. The plaintiff may in separate counts rely upon as many different chains of title as he may have, and a like privilege shall be accorded defendant."
16. By adding to Section 135, a new subparagraph to be known as subparagraph "(jj)", to read as follows:
"(jj). Code Sections 110-701, 110-702, 110-703, 110-704, 110-706, 110-707, 110-708, 110-710 and 37-219, relating to motions in arrest, motions to set aside, petitions in equity to set aside, and other like remedies."
17. By striking from Section 12(b), third line from the bottom, the word "a" just before the word "provided" and substituting in lieu thereof the word "as."
Mr. Hull of the 104th moved that the House disagree to the Senate amend ments.
The motion prevailed and the House disagreed to the Senate amendments to HB 6.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
MONDAY, FEBRUARY 14, 1966
1839
HB 210. By Mr. Leonard of the 3rd:
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 com missioner of Murray County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.
The following Senate amendment was read:
The Senate County and Municipality Committee moves to amend HB 210 as follows:
By inserting in the title immediately before the phrase "to provide an effective date" the following:
"to provide for arbitration;".
By renumbering Sections 13 through 16 as Sections 14 through 17 and by inserting following Section 12 a new Section to be known as Section 13 and to read as follows:
"Section 13. In the event any of the above-named officers shall be dissatisfied with the decision of the governing authority of Murray County in respect to any item provided for in Sections 11 and 12 of this Act, such officer shall be entitled to appeal the de cision of the governing authority thereon to an arbitration commit tee to be composed of one member who shall be appointed by the dissatisfied officer, one member to be appointed by the governing authority of Murray County, and one member to be selected by the two remaining members of the arbitration committee. The members of the arbitration committee shall be appointed within ten days of the notice of the appeal which shall be filed by the dissatisfied officer. In the event either of the parties shall fail to appoint a member to the committee within ten days or the two members of the arbitration committee shall fail to agree as to the third member, the judge of the Superior Court of the Conasauga judicial circuit shall make the appointment of such member. The committee shall meet at such time and place as the committee shall agree upon and, after giving notice to the parties concerned and affording them an opportunity to be heard on all matters in con troversy, shall proceed to resolve all matters contained within the appeal. The decision of the arbitration committee shall be final and binding. Each member of the committee shall receive the sum of $10.00 per day, payable from the funds of Murray County for each day of service as a member of the committee."
Mr. Mitchell of the 3rd moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
1840
JOURNAL OF THE HOUSE,
The motion prevailed and the Senate amendment to HB 210 was agreed to.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate insists on its position on the following Bill of the House and respectfully asks a Committee of Conference be appointed:
HB 86. By Messrs. Cook of the 123rd, Carnes of the 129th and others:
A Bill to amend an Act establishing a new charter for the City of Atlanta, so as to extend the corporate limits; and for other purposes.
The President has appointed as Committee of Conference on the part of the Senate: Senators Coggins of the 35th, Maclntyre of the 40th and Johnson of the 38th.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 86. By Messrs. Cook of the 123rd, Carnes of the 129th, Dillon of the 128th and others:
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; and for other purposes.
Mr. Cook of the 123rd moved that the House insist on its position in disagree ing to the Senate amendment to HB 86 and that a Committee of Conference on the part of the House be appointed to confer with a like Committee on the part of the Senate.
The motion prevailed and the Speaker appointed as a Committee of Con ference on the part of the House the following members: Messrs. Cook of the 123rd, Etheridge of the 123rd and Townsend of the 140th.
Mr. Palmer of the 117th moved that the House do now adjourn until 9:30 o'clock tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock tomorrow morning.
TUESDAY, FEBRUARY 15, 1966
1841
Representative Hall, Atlanta, Georgia Tuesday, February 15, 1966
The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker Pro Tern.
Prayer was offered by Rev. Eddie Crawford, Pastor Bio Baptist Church, Hartwell, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, 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 unanimus 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.
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 15, 1966, and submits the following:
HB
33. County officers, Grand Jury indictment
HB 123. Judge Superior Courts, funds
1842
JOURNAL OF THE HOUSE,
HB 178. Department of Health, plumbing code
HB 219. Master barber, certificate
HB 243. Laws relating to subpoenas
HB 257. Used car dealers, board membership
HB 304. State Council Preservation
HB 421. Perpetual care, regulate
HB 475. N.E. Judicial Circuit, additional Judge
HB 671. Georgia Art Commission, amend
HB 752. Alcoholic beverages, employ minor, unlawful
HR 111-196. Alcohol Education Study Committee
HR 153-319. Property easement, Decatur County
HR 156-330. Convey land, Thomas County
HR 309-709. Transfer property, Pulton County
SR
11. Public transportation, governmental function
SR
15. Farm and forest lands, assessment
SB
14. Bind by contract, age
SB
46. Board of Cosmetology, amend
SB
55. Identification, registry of ships
SB
67. Peace Officers' Benefit Fund, amend
SB
68. Retirement, pension bills, when introduced
SB
80. Dispensing of dangerous drugs
SB
88. Certificated banks, incorporating
SB
89. Private banks, amend code
SB
90. Practice of Optometry, amend
SB 100. Board of Pharmacy, vacancies
SB 114. Graduate nurse, registration
SB 133. Merit System coverage, Highway Department
SB 138. Motor Vehicle Certificate of Title, amend
SB 178. Time for qualifying, primaries
SB 199. Secretary of State, Branch depository
The Speaker shall have the right to call the above Bills and Reso lutions in any order which he may desire.
Respectfully submitted,
Busbee of 79th,
Vice-Chairman.
TUESDAY, FEBRUARY 15, 1966
1843
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 768. By Messrs. Harris, Farrar, Walling and Levitas of the 118th, Malone, Palmer, Carley and Vaughn of the 117th:
A Bill to be entitled an Act to amend an Act fixing, prescribing and establishing compensation and/or salaries of the elective county offi cials of DeKalb County including the ordinary, clerk of the superior court, sheriff and tax commissioner, so as to adjust certain compensation and year; and for other purposes.
HB 769. By Messrs. Etheridge of the 123rd, Gates of the 123rd, and others:
A Bill to be entitled an Act to amend an Act known as the "City of At lanta and Fulton County Recreation Authority Act", so as to redefine "project"; to provide that the Authority shall have the right to con tract for the use of or to lease or sell any or all of its facilities includ ing real property, to any persons, firms or corporations whether public or private; and for other purposes.
HB 770. By Mr. Williams of the 16th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Hall County, so as to provide for a five member Board; to provide for Commissioner Districts; and for other purposes.
HR 345-770. By Messrs. Story and Watson of the 22nd:
A Resolution proposing an amendment to the Constitution so as to em power the Clerk of the Superior Court of Gwinnett County to issue criminal warrants; and for other purposes.
HR 346-770. By Mr. Matthews of the 94th:
A Resolution proposing an amendment to the Constitution so as to authorize State taxation for school lunch purposes; and for other pur poses.
HB 771. By Mr. Lovell of the 6th:
A Bill to be entitled an Act to provide for compensation for the Ordinary of White County; and for other purposes.
HB 772. By Messrs. Newton and Matthews of the 94th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Colquitt County, so as to provide a retirement system for certain personnel of the Board; and for other purposes.
1844
JOURNAL OF THE HOUSE,
HB 773. By Mr. Murphy of the 26th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bremen, so as to extend the corporate limits; and for other purposes.
HB 774. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act creating the City Court of Warner Robins, so as to change the number of preemptory challenges allowed in criminal eases; and for other purposes.
HB 775. By Mr. Byrd of the 28th:
A Bill to be entitled an Act to amend an Act placing the compensation of the clerk of the superior court, the ordinary and coroner of Walton County on a salary basis in lieu of a fee system, so as to change the compensation of the clerk of the superior court and the ordinary; and for other purposes.
HB 776. By Mr. Byrd of the 28th: A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Walton County, so as to change the compensation of the Tax Commissioner; and for other purposes.
HB 777. By Messrs. Drew of the 116th and Gaynor of the 114th: A Bill to be entitled an Act to amend Code Section 20-506, relating to attorney's fees upon any note or other evidence of indebtedness, so as to change the method of giving notice for the purpose of collecting such attorney's fees; and for other purposes.
HB 778. By Mr. Lewis of the 50th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Waynesboro, so as to change the terms of said court; and for other purposes.
HB 779. By Messrs. Overby, Williams and Wood of the 16th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court and clerk of the city court and the ordinary of Hall County on an annual salary in lieu of the fee system, so as to change the compensation of the sheriff, the clerk of the superior court and clerk of the city court and the ordinary of Hall County; and for other purposes.
TUESDAY, FEBRUARY 15, 1966
1845
HB 780. By Messrs. Overby, Williams and Wood of the 16th:
A Bill to be entitled an Act to amend an Act consolidating the office of Tax Collector of Hall County and the office of Tax Receiver of Hall County into the single office of Tax Commissioner of Hall County, so as to change the compensation of the Tax Commissioner; and for other purposes.
HB 781. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Sycamore, so as to change and enlarge the corporate limits of said City; and for other purposes.
HB 782. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to consolidate the office of tax receiver and tax collector of Irwin County into the office of tax commissioner; and for other purposes.
HB 783. By Mr. Clark of the 2nd:
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 creation of a Board of Utility Commissioners for the City of Ringgold; and for other purposes.
HB 784. By Messrs. Matthews and Bedgood of the 29th:
A Bill to be entitled an Act to amend an Act approved August 24, 1872 entitled "An Act to amend the charter of the Town of Athens", so as to empower the Mayor and Council of the City of Athens to formulate and adopt building codes, housing codes, etc.; and for other purposes.
HB 785. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thomp son of the 110th, Thompson and Shields of the lllth:
A Bill to be entitled an Act to amend an Act abolishing Justice Courts and the office of the Justice of the Peace and Notary Public ex-officio Justice of the Peace and to establish and create in lieu thereof a Munici pal Court in and for the City of Columbus and County of Muscogee, so as to change the compensation of the marshal of the Municipal Court of Columbus, Muscogee County; and for other purposes.
HB 786. By Mr. Smith of the 85th:
A Bill to be entitled an Act to amend an Act entitled "Revenue Bond Law", so as to provide in Section 5 thereof that revenue bonds issued under said Act for the purpose of paying the cost of acquiring, con-
1846
JOURNAL OF THE HOUSE,
structing, reconstructing, improving, bettering or extending certain revenue producing undertakings, namely highways, parkways, cause ways, tunnels and other crossings; and for other purposes.
HB 787. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins, so as to establish a Civil Service Board for said city; and for other purposes.
HB 788. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act incorporating the City of Centerville, so as to provide that a candidate must receive a majority of the votes to be elected to the office of mayor or councilman; and for other purposes.
HB 789. By Messrs. Bennett, Barfield and Sullivan of the 95th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Valdosta in and for the County of Lowndes, so as to change the compensation of the Solicitor of said Court; and for other purposes.
HR 347-789. By Mr. Smith of the 90th:
A Resolution authorizing the conveyance of a certain tract of stateowned property to Grady County; and for other purposes.
HR 348-789. By Mr. Hawkins of the 139th:
A Resolution authorizing the transfer of certain real property located in Fulton County, Georgia; and for other purposes.
SB 38. By Senator Webb of the llth:
A Bill to be entitled an Act to provide procedures for searches and seizures and for suppression of evidence illegally seized; and for other purposes.
SB 41. 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, relating to the powers of the county boards of health; and for other purposes.
SB 50. By Senators Wesberry of the 37th, Johnson of the 38th, Maclntyre of the 40th and Coggins of the 35th:
A Bill to be entitled an Act to grant to the incorporated municipalities of this State certain powers, including the requiring of repairs, closing or demolition of certain property; and for other purposes.
TUESDAY, FEBRUARY 15, 1966
1847
SR 55. By Senators Plunkett of the 30th, Webb of the llth and Johnson of the 42nd:
A Resolution authorizing a statue, bust or other memorial of Walter Franklin George to be placed in the halls of the Capitol of the State of Georgia; and for other purposes.
SB 57. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act creating the offices of State Highway Department, so as to provide that the State Highway Department shall be authorized to accept for the State all available Federal monies appropriated under the various Acts included under Title 23 of the U.S. Code; and for other purposes.
SB 73. By Senators Webb of the llth and Jackson of the 16th: A Bill to be entitled an Act to amend Code Title 88, known as the Geor gia Health Code, relating to Grants for Medical Facilities; and for other purposes.
SB 117. By Senator Kidd of the 25th: A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Baldwin County, known as the fee system; and for other purposes.
SB 120. By Senator Johnson of the 38th: A Bill to be entitled an Act to amend an Act providing that it shall be unlawful to sell certain automobiles unless they shall be equipped with safety belts; and for other purposes.
SB 121. By Senator Johnson of the 38th: A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to require seat belts on certain vehicles and certificates of inspection; and for other purposes.
SB 129. By Senator Loggins of the 53rd: A Bill to be entitled an Act to amend an Act which comprehensively and exhaustively revised, superseded and modernized appellate and other post-trial procedure in civil and criminal cases; and for other purposes.
SB 134. By Senator Webb of the llth: A Bill to be entitled an Act to amend Code Section 102-102, relating to general rules of construction for statutes; and for other purposes.
1848
JOURNAL OF THE HOUSE,
SB 135. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act establishing a retirement System in the State Public Schools, so as to provide that in order for any teacher who becomes a member of the teachers' retirement system on or after April 1, 1966 to receive full creditable service for services rendered in a local system prior to membership in the teachers' retire ment system; and for other purposes.
SB 136. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Section 81-1001, relating to the time and place for determining the sufficiency of pleadings, so as to remove certain provisions, relating to amendments, which provisions the Supreme Court of Georgia has declared unconstitutional; and for other purposes.
SB 141. By Senators Rowan of the 8th and Carter of the 14th:
A Bill to be entitled an Act to amend Code Section 68-201, so as to provide that said Sections shall not apply to four wheel trailers with no springs; and for other purposes.
SB 144. By Senators Carter of the 14th and Plunkett of the 30th:
A Bill to be entitled an Act to amend an Act creating the Georgia State Scholarship Commission, so as to provide that the Georgia State Scholarship Commission shall be an agency within the Executive Branch of State Government and shall be a budget unit of the State Government; and for other purposes.
SB 145. By Senators Carter of the 14th and Plunkett of the 30th:
A Bill to be entitled an Act to amend an Act creating a non-profit corporation known as the Georgia Higher Education Assistance Cor poration, so as to provide that the Georgia Higher Education Assistance Corporation shall be a budget unit of the State of Georgia; and for other purposes.
SB 157. By Senators Padgett of the 23rd and Holley of the 22nd:
A Bill to be entitled an Act to provide that in all counties having a certain population the senior judge of the superior court of said coun ties shall be authorized and empowered to appoint a jury clerk to serve at the pleasure of said judge; and for other purposes.
SB 158. By Senator Pincher of the 51st:
A Bill to be entitled an Act to amend Code Section 84-1318, relating to the duties of drug store proprietor respecting registered pharmacists,
TUESDAY, FEBRUARY 15, 1966
1849
so as to provide that drugs, medicines or poisons shall not be dispensed except under certain conditions; and for other purposes.
SB 171. By Senators Johnson of the 42nd, Miller of the 43rd, Sanders of the 41st and others:
A Bill to be entitled an Act to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965 by repealing certain provisions therein with respect to Interim Study Commission and the holding of a ref erenda; and for other purposes.
SB 194. By Senators Johnson of the 38th, Thompson of the 34th, Maclntyre of the 40th and others:
A Bill to be entitled an Act relating to the jurisdiction of the court of ordinary in counties having a population of more than 500,000, so as to provide for the appointment of a deputy ordinary to execute orders and issue licenses; and for other purposes.
SB 196. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Maysville, so as to change the date of the election for mayor and aldermen; and for other purposes.
SB 201. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Section 12 of the Act of the Gen eral Assembly known as the "Statewide Probation Act", so as to pro vide that the probationary feature of a criminal sentence may be re voked in the county of supervision where it is different than the county of original conviction; and for other purposes.
SB 211. By Senators Downing of the 1st, Searcy of the 2nd and Tribble of the 3rd:
A Bill to be entitled an Act to amend an Act amending the Charter for the City of Savannah by establishing a pension system for the employees of the Mayor and Aldermen; and for other purposes.
SR 27. By Senators Gillis of the 20th and Smith of the 18th:
A Resolution proposing an amendment to the Constitution, so as to authorize the Department of Industry and Trade to participate in the operation of certain facilities for the promotion of tourism in the State of Georgia; and for other purposes.
1850
JOURNAL OF THE HOUSE,
SB 167. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th and others:
A Bill to be entitled an Act to amend an Act prohibiting the use or handling of poisonous snakes or reptiles in such manner as will en danger the health or safety of the public, so as to provide for life im prisonment in lieu of the death penalty for the mishandling of snakes when death ensues; and for other purposes.
SB 179. By Senator McKenzie of the 17th:
A Bill to be entitled an Act to repeal Code Section 92-7002, relating to the duties of the State Revenue Commissioner; and for other purposes.
SR 29. By Senators Broun of the 46th, Plunkett of the 30th, Carter of the 14th and others:
A Resolution proposing an amendment to the Constitution so as to pro vide a method for electing members of the State Board of Education; to provide that the State Superintendent shall be appointed by the State Board of Education; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the follow ing Bills and Resolutions of the Senate to-wit:
SB 131. By Senator Ward of the 39th:
A Bill to be amend Code Chap. 107-2, relating to the action of bail trover to recover personalty, as amended, so as to remove therefrom the procedure relative to the confinement of the defendant in the event security is not given by the defendant or the property is produced; and for other purposes.
SB 182. By Senators Plunkett of the 30th, Coggin of the 35th and others:
A Bill to provide for a method, in addition to existing methods, for the annexation of contiguous territory to incorporated municipalities upon the application of not less than 60% of the owners representing at least 60% of the land area included in such application; and for other purposes.
SR 62. By Senators Holloway of the 12th, Smalley of the 28th and others:
A Resolution authorizing the Georgia State Game and Fish Commission to stock the lakes and ponds owned by the State of Georgia and located with a State Park.
TUESDAY, FEBRUARY 15, 1966
1851
SR 65. By Senator Holloway of the 12th:
A Resolution creating an interim committee to study all matters relat ing to the feasibility of establishing a state liaison office in Wash ington, D. C.; and for other purposes.
SR 70. By Senators Smith of the 18th, Adams of the 26th:
A Resolution authorizing and directing the Georgia Ports Authority to execute a local assurer agreement with the United States Corps of Engineers and the County of Chatham; and for other purposes.
SB 214. By Senator Eldridge of the 7th:
A Bill to provide for clearance by quiet title proceedings to defects in real estate titles; and for other purposes.
SB 173. By Senators Carter of the 14th, and Rowan of the 8th:
A Bill to amend an Act requiring the State Auditor to establish an equalized adjusted school property tax digest, approved March 18, 1964 (Ga. Laws 1964, p. 706); and for other purposes.
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate to-wit:
SR 80. By Senator Webb of the llth:
A Resolution to create the Air Pollution Study Committee; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following bills of the House to-wit:
HB 68. By Messrs. Steis of the 100th, Jones of the 76th and others:
A Bill to amend an Act relating to Supreme Court and Judges of Court of Appeals, so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; and for other purposes.
HB 347. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and others:
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 compensation to the Mayor and City Council for attendance at such additional meetings; and for other purposes.
1852
JOURNAL OF THE HOUSE,
HB 525. By Messrs. Howard of the 101st, Henderson and Wilson of the 102nd:
A Bill providing for a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.
HB 468. By Mr. Conger of the 89th:
A Bill to repeal Code Sec. 92-7002 providing that it shall be the duty of the State Revenue Commissioner to examine the tax digests of the several counties; so as to provide that beginning March 1, 1968 it shall be the duty of the State Revenue Commissioner to examine the tax digest of the several counties; and for other purposes.
The Senate has passed by the requisite constitutional majority the follow ing Bills of the Senate to-wit:
SB 216. By Senator Kidd of the 25th:
A Bill to amend an Act creating a new charter for the City of Milledgeville, as amended, so as to change the date of the election; and for other purposes.
SB 217. By Senator Kidd of the 25th:
A Bill to amend an Act creating a new charter for the City of Milledgeville, as amended, so as to change the date on which city taxes become due and payable; and for other purposes.
SB 234. By Senators Wesberry of the 37th, Thompson of the 34th 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; and for other purposes.
SB 236. By Senators Holley of the 22nd and Padgett of the 23rd:
A Bill to amend an Act establishing and creating a municipal court in and for the City of Augusta, approved August 28, 1931 (Ga. Laws 1931, p. 270), as amended, particularly by an Act approved March 5, 1965 (Ga. Laws 1965, p. 2144) ; and for other purposes.
SB 237. By Senator Webb of the llth:
A Bill to fix, allow and provide for the compensation of the Sheriff of Miller County; to provide that all fees, fines, etc., shall become the property of the county with certain exceptions; to repeal specific laws; and for other purposes.
TUESDAY, FEBRUARY 15, 1966
1853
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate to-wit:
SR 64. By Senators Wesberry of the 37th, Sanders of the 41st and others:
A Resolution to establish a local government Commission in Atlanta, Fulton, and DeKalb Counties for the purpose of improving local gov ernment and providing greater efficiency and economy, etc.
The Senate has passed by the requisite constitutional majority the following Bills of the House to-wit:
HB 91. By Messrs. Richardson of the llth, Powers of the 113th and others:
A Bill to amend an Act revising and consolidating the several Acts relating to and incorporating the Town of Warsaw in Chatham County, and changing name to the Town of Thunderbolt; relating to municipal elections and polls; and for other purposes.
HB 132. By Messrs. Longino of the 122nd, Gates of the 123rd and others:
A Bill to provide a new charter for the City of Palmetto in Fulton and Coweta Counties; and for other purposes.
HB 158. By Mr. Harrison of the 98th:
A Bill to amend an Act revising, consolidating and superseding the laws of this State relative to game and fish, so as to prohibit any fishing for shrimp, crab or fish in any waters of St. Andrews Sound and Cumberland Sound with power drawn nets during certain periods of the year; and for other purposes.
HB 159. By Mr. Harrison of the 98th:
A Bill to amend an Act creating a new city charter and municipal government for the City of St. Marys, so as to authorize the govern ing authority to execute deeds to secure debt and security deed notes encumbering city-owned real property as security for money loaned to the city; and for other purposes.
HB 227. By Mr. Pafford of the 97th:
A Bill to repeal an Act establishing the County Court of Atkinson County, so as to provide for a referendum; and for other purposes.
HB 276. By Mr. Floyd of the 7th:
A Bill to amend an Act placing the sheriff of the superior court of Chattooga County on a salary system, 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.
1854
JOURNAL OF THE HOUSE,
HB 277. By Mr. Floyd of the 7th:
A Bill to amend an Act placing the clerk of the Superior Court of Chattooga County on a salary, so as to provide that the clerk of the superior court shall not receive any compensation for his services as ex-officio clerk of the City Court of Chattooga County; and for other purposes.
HB 385. By Messrs. Matthews and Bedgood of the 29th:
A Bill to amend an Act relating to the licensing of warm air heating contractors, so as to provide that certain counties shall come within the terms and provisions of said Act; and for other purposes.
HB 407. By Mr. Jones of the 76th:
A Bill to amend an Act placing the clerk of the superior court, the sheriff and the tax commissioner of Mclntosh County upon an annual salary, so as to allow the clerk of the superior court to retain certain fees authorized for certain of his services; and for other purposes.
HB 458. By Mr. Irvin of the llth:
A Bill to amend an Act establishing the city court of Habersham County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
HB 482. By Mr. Black of the 56th:
A Bill to fix the compensation of the clerk of the commissioners of roads and revenues of all counties having a certain population, to pro vide that such compensation shall be paid from county funds by the governing authorities of such counties; and for other purposes.
HB 483. By Mr. Black of the 56th:
A Bill to amend an Act abolishing the office of tax collector and tax receivers and creating the office of tax commissioner in their stead, so as to change the compensation of the tax commissioner of Chattahoochee County; and for other purposes.
HB 485. By Mr. Black of the 56th:
A Bill to provide that in all counties of this State having a certain population, the ordinaries of such counties shall be compensated on a salary basis in lieu of the fee system; and for other purposes.
TUESDAY, FEBRUARY 15, 1966
1855
HB 490. By Messrs. Bedgood and Matthews of the 29th:
A Bill to place the sheriff of Clarke County upon an annual salary; and for other purposes.
HB 492. By Messrs. Matthews and Bedgood of the 29th:
A Bill to amend an Act relating to the charter of the Town of Athens, so as to authorize the appointment of Deputy Registrars; and for other purposes.
HB 493. By Messrs. Matthews and Bedgood of the 29th:
A Bill to fix the compensation of the treasurer of Clarke County; and for other purposes.
HB 523. By Messrs. Howard and McDaniell of the 101st and others:
A Bill creating a new charter for the City of Smyrna, so as to increase the corporate limits; and for other purposes.
HB 526. By Messrs. Bean, Evensen, Westlake and Higginbotham and others:
A Bill to amend an Act creating and establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, so as to redefine the school board districts; and for other purposes.
HB 529. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th and others:
A Bill to amend Code Section 92-6402, providing for the payment of taxes in two installments in counties having a population of not less than 250,000 and not more than 500,000; and for other purposes.
HB 537. By Messrs. Dorminy of the 72nd, Bowen of the 69th and others:
A Bill to place the solicitor general of the Cordele Judicial Circuit upon an annual salary; and for other purposes.
HB 540. By Messrs. Matthews and Bedgood of the 29th:
A Bill to amend an Act creating the Clarke County School District and providing for a board of education therefor, so as to increase the membership of the board of education; and for other purposes.
1856
JOURNAL OP THE HOUSE,
HB 556. By Messrs. Wilson and Henderson of the 102nd and others:
A Bill to amend an Act placing the clerk of the superior court, the sheriff and the ordinary of Cobb County; upon an annual salary, so as to provide for a minimum salary for the deputy sheriffs; and for other purposes.
HB 580. By Mr. Dickinson of the 27th:
A Bill to create within Douglas County a board to administer programs of retirement and/or employment for the employees of Douglas County; and for other purposes.
HB 581. By Mr. Dickinson of the 27th:
A Bill to create a development authority for the City of Douglasville, and Douglas County; and for other purposes.
HB 582. By Mr. Dickinson of the 27th:
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, so as to change the compensation of the clerk of the superior court; and for other purposes.
HB 586. By Mr. Smith of the 44th:
A Bill to amend an Act prescribing the time for holding the Superior Court of Lamar County, so as to change the time for holding said Court; and for other purposes.
HB 588. By Mr. Harris of the 85th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Glynn County, so as to authorize said Commissioners to license and regulate business in unincorporated areas of Glynn County; and for other purposes.
HB 589. By Mr. Johnson of the 40th:
A Bill to amend an Act placing the county officers of McDuffie County upon an annual salary, so as to increase the expense allowance author ized for the sheriff for the purpose of hiring deputies; and for other purposes.
HB 592. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to amend an Act creating a new charter for the City of Perry, so as to increase the maximum compensation authorized for councilmen; and for other purposes.
TUESDAY, FEBRUARY 15, 1966
1857
HB 593. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to abolish the present mode of compensating the coroner of Houston County, known as the fee system; and for other purposes.
HB 594. By Mr. Bracken of the 87th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenue for Miller County, so as to change the provisions relating to the compensation of the members of the Board other than the Chair man; and for other purposes.
HB 599. By Mr. Alien of the 93rd:
A Bill to amend an Act placing the tax commissioner of Tift County upon an annual salary, so as to allow for the disposition of certain fees and commissions of the tax commissioner earned prior to the effective date of said Act; and for other purposes.
HB 600. By Mr. Alien of the 93rd:
A Bill to amend an Act placing the clerk of the superior court of Tift County upon an annual salary, so as to allow for the disposition of certain fees and commissions of the clerk of the superior court earned prior to the effective date of said Act; and for other purposes.
HB 604. By Mr. Mixon of the 81st:
A Bill to amend an Act creating a new charter for the City of Ashburn so as to number the positions on the council for election purposes; and for other purposes.
HB 605. By Mr. Mixon of the 81st:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Irwin, so as to change the salary of the clerk; and for other purposes.
HB 606. By Mr. Mixon of the 81st:
A Bill to abolish the present method of compensating the sheriff of Irwin County, known as the fee system; and for other purposes.
HB 607. By Mr. Mixon of the 81st:
A Bill to amend an Act creating a new charter for the City of Ashburn, so as to extend the present corporate limits of said city to include cer tain additional territory to be north and east in the County of Turner contiguous and adjacent to existing boundaries of said City; and for other purposes.
1858
JOURNAL OF THE HOUSE,
HB 610. By Mr. McCracken of the 49th:
A Bill to amend the charter of the City of Wadley, relating to the elec tion of Mayor and Councilmen; and for other purposes.
HB 611. By Mr. Clarke of the 45th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Butts County, so as to change the compensation of the Commissioners; and for other purposes.
HB 612. By Mr. Clarke of the 45th:
A Bill to amend an Act changing the compensation of the Ordinary of Butts County from the fee system to the salary system; so as to change the allowance provided for said Ordinary for clerical assistance; and for other purposes.
HB 613. By Mr. Clarke of the 45th:
A Bill to amend an Act changing the compensation of the Sheriff of Butts County from the fee system to the salary system, so as to change the compensation of the sheriff; and for other purposes.
HB 614. By Mr. Clarke of the 45th:
A Bill to amend an Act changing the compensation of the Tax Collec tor of Butts County from the fee system to a system whereby such Tax Collector shall be entitled to certain commissions and a salary, so as to change the amount provided for said Tax Collector for clerical assist ance; and for other purposes.
HB 615. By Mr. Clarke of the 45th:
A Bill to amend an Act creating a new charter for the City of Jackson, so as to provide for the annexation of certain additional territory into the corporate limits of the City of Jackson, to designate such additional annexed territories as the 5th Ward; and for other purposes.
HB 616. By Mr. Clarke of the 45th:
A Bill to repeal an Act incorporating the Town of Pepperton in Butts County; and for other purposes.
HB 625. By Messrs. Howard and McDaniell of the 101st and others:
A Bill to amend an Act incorporating the Town of Austell and reincorporating said town as a city, so as to increase the corporate limits; and for other purposes.
TUESDAY, FEBRUARY 15, 1966
1859
HB 627. By Mr. Ross of the 31st:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenue for Lincoln County, so as to change the provisions relat ing to the Ordinary of Lincoln County serving as clerk of the Board of Commissioners; and for other purposes.
HB 628. By Mr. Ross of the 31st:
A Bill to amend an Act creating a new charter for the City of Crawfordville, so as to change the time during which the polls shall be open; and for other purposes.
HB 629. By Mr. Ross of the 31st:
A Bill to amend an Act to abolish the present mode of compensating the sheriff of Taliaferro County, known as the fee system; and for purposes.
HB 630. By Mr. Murphy of the 26th:
A Bill to amend an Act consolidating the offices of tax receiver and tax collector of Haralson County into the office of tax commissioner of Haralson County, so as to provide clerical help for the tax commissioner; and for other purposes.
HB 631. By Messrs. Watkins of the 9th, Roach of the 15th and others:
A Bill to amend the Act supplementing the salary of the Judge of the Superior Courts of the Blue Ridge Judicial Circuit, so as to increase the amount of compensation paid to said Judge by the counties in corporated in the Blue Ridge Judicial Circuit for the purpose of allow ing said Judge to hire clerical personnel; and for other purposes.
HB 639. By Mr. Thomas of the 77th:
A Bill to amend an Act creating the City Court of Jesup, so as to change the terms of court of the city court of Jesup; and for other purposes.
HB 640. By Mr. Thomas of the 77th:
A Bill to amend an Act incorporating and creating a new charter for the City of Jesup, in Wayne County, so as to authorize the board of commissioners to fix the salary of the city manager and the city recorder, within a certain salary range; and for other purposes.
1860
JOURNAL OF THE HOUSE,
HB 641. By Messrs. Howard and McDaniell of the 101st and others:
A Bill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to provide for an additional judge; and for other purposes.
HB 643. By Mr. Hadaway of the 46th:
A Bill to amend an Act fixing the compensation of the County Treas urer of Jasper County; and for other purposes.
HB 644. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to amend an Act creating the city court of Ployd County, so as to delete therefrom those provisions relating to the compensation of the assistant solicitor of the city court of Ployd County and the secre tary of the solicitor; and for other purposes.
HB 645. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to amend an Act placing the solicitor general of the Rome Judicial Circuit on an annual salary, so as to change the compensation of the assistant solicitor general of the Rome Judicial Circuit and the clerk-typist; and for other purposes.
HB 649. By Mr. Johnson of the 40th:
A Bill to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Thomson, so as to increase the corporate limits; and for other purposes.
HB 654. By Messrs. Dixon and Sweat of the 83rd:
A Bill to amend an Act establishing a new charter for the City of Waycross, so as to provide that the city clerk shall be appointed by the city manager with the approval of the commission; and for other purposes.
HB 655. By Messrs. Dixon and Sweat of the 83rd:
A Bill to repeal an Act amending the Charter of the City of Waycross, so as to provide for park and tree zoning commission in lieu of the present park and tree commission; and for other purposes.
HB 656. By Messrs. Dixon and Sweat of the 83rd:
A Bill to amend an Act establishing a new charter for the City of Waycross, so as to change the date on which municipal elections are held; and for other purposes.
TUESDAY, FEBRUARY 15, 1966
1861
HB 660. By Mr. Blair and Mrs. Merritt of the 68th:
A Bill to amend an Act creating the City Court of Americus, so as to increase the compensation of the judge and solicitor of said court; and for other purposes.
HB 661. By Mr. Blair and Mrs. Merritt of the 68th:
A Bill to amend an Act creating a system of retirement for employees of the City of Americus, so as to change the maximum monthly retire ment benefit; and for other purposes.
HB 662. By Mr. Blair and Mrs. Merritt of the 68th:
A Bill to amend an Act consolidating the several Acts granting cor porate authority to the City of Americus, so as to authorize the Mayor and City Council of Americus to tax all places of business within said City; and for other purposes.
HB 663. By Mr. Blair and Mrs. Merritt of the 68th:
A Bill to amend an Act placing the ordinary of Sumter County upon an annual salary, so as to increase the compensation of the ordinary; and for other purposes.
HB 666. By Messrs. Lewis and Newton of the 50th:
A Bill to amend an Act incorporating the Baptist Church at Buck Head in the County of Burke, so as to vest legal title of the Baptist Church at Buck Head in Burke County, in the Hepzibah Baptist Association; and for other purposes.
HB 667. By Mr. Black of the 56th:
A Bill to fix the compensation of the county treasurer of all counties having a certain population; and for other purposes.
HB 675. By Messrs. Lane and Nessmith of the 64th:
A Bill to amend an Act creating a new charter for the City of Statesboro, so as to change the terms of the mayor and councilmen; and for other purposes.
HB 678. By Mr. Herndon of the 74th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues in Appling County, so as to provide that the members of said Board shall be elected from their respective commissioner dis trict rather than by the voters of the entire county; and for other purposes.
1862
JOURNAL OF THE HOUSE,
HB 680. By Messrs. Nessmith and Lane of the 64th:
A Bill to amend an Act incorporating the Town of Portal, so as to change the date of municipal elections; and for other purposes.
HB 686. By Mr. Conner of the 91st:
A Bill to abolish the present method of compensating the sheriff of Jeff Davis County, known as the fee system; and for other purposes.
HB 687. By Messrs. Howard and McDaniell of the 101st and others:
A Bill incorporating the City of Powder Springs, so as to change the qualifications of voters; and for other purposes.
HB 698. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Bill to create the Floyd School District by merging in the independent school system of the City of Rome and the county school system of Floyd County; and for other purposes.
The Senate has passed by substitute by the requisite constitutional ma jority the following Bill of the House to-wit:
HB 513. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to require hospital authorities in certain counties to conduct an annual audit of the books and records of such hospital authorities; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to-wit:
SB 189. By Senators Holley of the 22nd and Noble of the 19th:
A Bill to amend Code Chap. 25-1, relating to the incorporation, organi zation and regulation of credit unions, as amended, so as to prescribe a new procedure for the incorporation of credit unions and for amend ing their charters and by laws and for the renewal of their charters; and for other purposes.
SB 197. By Senator Downing of the 1st:
A Bill to create the Atlantic Coastal Tourist Commission as a commis sion and agency of the state government; and for other purposes.
TUESDAY, FEBRUARY 15, 1966
1863
SR 73. By Senators Wesberry of the 37th, Johnson of the 38th and others:
A Resolution to re-establish a local education Commission in Atlanta and Fulton County to continue the study of the desirability and feasi bility of combining the school systems of Fulton County and the City of Atlanta; and for other purposes.
SR 86. By Senators Lee of the 47th and Minish of the 48th:
A Resolution commending the members of the Governor's Commission on Efficiency and Improvement in Government; and for other purposes.
SR 38. By Senators Webb of the llth and Jackson of the 16th:
A Resolution proposing an amendment to the Constitution so as to authorize the establishment of area school systems and area schools, by county and independent boards of education; and for other purposes.
SR 88. By Senator Kidd of the 25th: A Resolution commending the Hon. G. M. Kirk; and for other purposes.
SB 168. By Senators Edenfield of the 4th, Kilpatrick of the 44th and others:
A Bill to amend an Act regulating the manufacture, sale, possession, etc., of narcotic drugs in the State of Georgia, as amended, so as to provide life imprisonment in lieu of the death penalty for the second or subsequent offense for selling or furnishing a minor with any narcotic drug; and for other purposes.
Mr. Blalock of 33rd District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Bills and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations:
SB
83. Do Pass.
SB
56. Do Pass by Substitute.
HR 323-733. Do Pass.
Respectfully submitted,
Blalock of 33rd,
Chairman.
1864
JOURNAL OF THE HOUSE,
Mr. Conger of 89th District, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 102. Do Pass. SB 124. Do Pass.
Respectfully submitted, Conger of 89th, Chairman.
Mr. Story of the 22nd, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills and Resolution of the Senate and House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB
98. Do Pass.
SB 123. Do Pass.
SB 135. Do Pass.
SB 174. Do Pass.
HR 346-770. Do Pass.
Respectfully submitted, Melton of 34th, Chairman.
Mr. Conner of 91st, 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 590. Do Pass. Respectfully submitted, Conner of 91st, Chairman.
TUESDAY, FEBRUARY 15, 1966
1865
Mr. Brinkley of the 112th, 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 754. Do Pass by Substitute. HB 789. Do Pass by Substitute. HB 775. Do Pass. HB 776. Do Pass. HB 778. Do Pass. HB 779. Do Pass. HB 781. Do Pass. HB 782. Do Pass. HB 783. Do Pass. HB 784. Do Pass. HB 785. Do Pass. HB 787. Do Pass. HB 788. Do Pass.
Respectfully submitted, Brinkley of 112th, Chairman.
Mr. Brinkley of the 112th, 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:
HR 345-770. Do Pass. HB 658. Do Pass by Substitute. HB 622. Do Pass. HB 763. Do Pass. HB 765. Do Pass. HB 768. Do Pass.
1866
HB HB HB HB HB HB HB
JOURNAL OP THE HOUSE,
769. Do Pass. 770. Do Pass. 771. Do Pass. 772. Do Pass. 773. Do Pass. 774. Do Pass. 780. Do Pass.
Respectfully submitted, Brinkley of 112th, Chairman.
Mr. Brinkley of the 112th, 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 117. Do Pass. HB 759. Do Pass.
Respectfully submitted, Brinkley of 112th, Chairman.
Mr. Chandler of 47th, 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 Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 41. Do Pass as Amended. SB 73. Do Pass.
Respectfully submitted, Chandler of 47th, Chairman.
TUESDAY, FEBRUARY 15, 1966
1867
Mr. Paris of the 23rd, Chairman of the Committee on Temperance, submit ted the following report:
Mr. Speaker:
Your Committee on Temperance has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 758. Do Pass by Substitute.
Respectfully submitted,
Paris of 23rd,
Chairman.
Mr. Bagby of 21st, Chairman of the Committee on Ways and Means, sub mitted 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 373. Do Pass. HB 374. Do Pass. HB 380. Do Pass. HB 438. Do Pass. HB 354. Do Pass.
Respectfully submitted, Bagby of 21st, Chairman.
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 622. By Messrs. Smith and Leonard of the 3rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend Code Chapter 91-8 pertaining to general provisions on inventory and sale of public property", so as to provide for the private sale, convey ance, transfer or other disposition of county property under certain conditions; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
1868
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 709. By Messrs. Carries of the 129th, Adams of the 125th, Lambros of the 130th, Hawkins of the 139th and others:
A Bill to be entitled an Act to provide in all counties having a popula tion of 500,000 or more a method of payment to judges of the Superior Court Emeritus who are requested to serve in such counties; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 723. By Messrs. Lovett and Knight of the 60th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, so as to increase the maximum millage which may be levied by the City of Dublin; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 726. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, the sheriff, the ordinary, the tax collector and tax receiver of Morgan County upon an annual salary; and for other pur poses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
TUESDAY, FEBRUARY 15, 1966
1869
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 731. By Messrs. Higginbotham, Westlake, Evensen and Bean of the 119th, Sims of the 131st, Adams of the 125th and others:
A Bill to be entitled an Act to amend an Act providing for a pension and retirement system for the officers and employees of certain cities, so as to change certain of the provisions relating to the eligibility of persons receiving benefits under such Act to be reemployed or reappointed to any position in the government of such cities; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 732. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A Bill to be entitled an Act to amend an Act approved February 24, 1874, incorporating the City of Dalton, so as to provide a comprehensive and unified pension plan for certain officers; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 746. By Messrs. Harris and Smith of the 85th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of the official court reporter of the Brunswick Judicial Circuit in felony cases and providing in lieu thereof a salary; and for other purposes.
1870
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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 748. By Messrs. Howard of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd: A Bill to be entitled an Act to amend an Act creating a law library in certain counties, so as to increase the maximum fund authorized to be collected from court cases to establish such libraries; and for other purposes.
The report 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 750. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to change the compensation which the judges receive from Cobb County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 751. By Messrs. Howard and McDaniell of the 101st, Wilson of the 102nd and Jordan of the 103rd:
A Bill to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County; and for other purposes.
TUESDAY, FEBRUARY 15, 1966
1871
The report 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 760. By Messrs. Dixon and Sweat of the 83rd:
A Bill to be entitled an Act to amend an Act placing certain officers of Ware County on a salary system, so as to authorize the governing authority to allow the tax collector to receive commissions for collecting the taxes in excess of a certain percentage of the total taxes 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.
HB 761. By Messrs. Dixon and Sweat of the 83rd: A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Ware County, so as to change the procedure relative to the publication of receipts and expenditures; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 762. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st and Jordan of the 103rd:
A Bill to be entitled an Act to fix the compensation of the treasurers of all counties of this State having a population of not less than 100,000 nor more than 130,000; and for other purposes.
1872
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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 763. By Mr. Steis of the 100th:
A Bill to be entitled an Act creating a Small Claims Court in Harris County; and for other purposes.
The repotr 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 765. By Messrs. Dean and Moore of the 20th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Rockmart in the County of Polk, so as to change the date for holding elections for 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 658. By Mr. Stovall of the 17th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Banks County, so as to provide that all purchases of supplies and materials for county purposes shall be purchased through a purchasing agent; and for other purposes.
TUESDAY, FEBRUARY 15, 1966
1873
The following Committee substitute was read and adopted:
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; to define their powers and duties and prescribe their qualifications; to provide for their elections, the terms for which they shall be elected and for other purposes, pertaining to county matters", approved August 19, 1916 (Ga. Laws 1916, p. 349), as amended, particularly by an Act ap proved August 9, 1920 (Ga. Laws 1920, p. 440), an Act approved Feb ruary 26, 1941 (Ga. Laws 1941, p. 740), an Act approved March 6, 1945 (Ga. Laws 1945, p. 909), an Act approved March 3, 1955 (Ga. Laws 1955, p. 2474), an Act approved March 17, 1960 (Ga. Laws 1960, p. 3035), and an Act approved March 31, 1965 (Ga. Laws 1965, p. 3058), so as to provide that the Chairman and the members of the board may receive compensation for work done for the county under certain circumstances; to provide that all purchases of supplies and materials for county purposes shall be purchased through a purchasing agent; to provide that the Chairman of the Board of County Commissioners of Banks County shall be the purchasing agent; to provide that the Chairman may desig nate an alternate person to act as purchasing agent; to provide that such alternate shall have the same power as the purchasing agent; to provide that the Board may hire additional clerical personnel to imple ment this procedure and the Board may increase or decrease the duties of such additional clerical personnel and the Board shall set the salary of such personnel; to provide additional compensation for the Chairman for expenses; to provide that the Board of Commissioners of Roads and Revenues shall establish the procedure to be used for county purchases; to provide all of the procedures pertaining to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act entitled "An Act to create a board of commissioners of roads and revenues for Banks County; to define their powers and duties and prescribe their qualifications; to provide for their elections, the term for which they shall be elected and for other purposes, pertaining to county matters," approved August 19, 1916 (Ga. Laws 1916, p. 349), as amended, particularly by an Act approved August 9, 1920 (Ga. Laws 1920, p. 440), an Act approved February 26, 1941 (Ga. Laws 1941, p. 740), an Act approved March 6, 1945 (Ga. Laws 1945, p. 909), an Act approved March 3, 1955 (Ga. Laws 1955, p. 2474), an Act approved March 17, 1960 (Ga. Laws 1960, p. 3035), and an Act approved March 31, 1965 (Ga. Laws 1965, p. 3058), is hereby amended by striking the period at the end of Section 8 and inserting in lieu thereof the following:
", but upon a motion duly made and adopted by the board, the chairman or any member may be compensated for any work done for the county not in their capacity as chairman or a member, and the amount of such compensation shall be the same as the regular rate paid to county employees for such work.",
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so that when so amended Section 8 shall read as follows:
"Section 8. The chairman of said board shall receive a salary of $100.00 per month. The other two members of said board shall received a salary of seventy-five dollars ($75.00) per month. Said sums to be paid from the funds of Banks County monthly. The members of said board shall receive no other or further compen sation for their services as commissioners, but upon a motion duly made and adopted by the board, the chairman or any member may be compensated for any work done for the county not in their capacity as chairman or a member, and the amount of such compensation shall be the same as the regular rate paid to county employees for such work."
SECTION 2
Said Act is further amended by adding after Section 9 and before Section 10 a new section to be designated and known as Section 9 (a) to read as follows:
"Section 9 (a). In addition to the other duties of the Board of Commissioners of Roads and Revenues for Banks County, the Board shall also establish a procedure for purchasing all county supplies, materials, equipment and other needs where the same exceeds $15.00 in cost. Such procedure shall provide that all departments request ing the purchase of necessary supplies and materials shall submit a purchase order to the purchasing agent for the county, who shall by competitive methods purchase such supplies and materials.
The Chairman of the Board of Commissioners of Roads and Revenues shall act as purchasing agent for the county and, in addition to his other compensation, shall be compensated an addi tional one thousand ($1,000.00) dollars per year for expenses.
All county supplies, materials, equipment and other necessary items exceeding $15.00 in cost shall be required to be purchased in accordance with this section and through the use of the county purchasing agent."
SECTION 3
Said Act is further amended by adding after Section 9 (a) a new section to be known as Section 9 (b) to read as follows:
"Section 9 (b). The Chairman of the Board of Commissioners of Roads and Revenues shall be empowered to designate an alternate purchasing agent and such agent shall be empowered to exercise the same duties, powers and functions as the purchasing agent, when so directed by the Chairman."
SECTION 4
Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows;
TUESDAY, FEBRUARY 15, 1966
1875
"Section 7. Be it further enacted by the authority aforesaid that the Board of Commissioners of Roads and Revenues of said county shall have the authority to hire a clerk for the Board of Commissioners of Roads and Revenues and the duty of such clerk shall be to keep in a well-bound book a complete record of all the acts and doings of said Board of Commissioners, said records to be opened to inspection of any citizen of said county at all times, provided the same does not interfere with the meetings of the Board. The Board shall have the authority to establish and set the compensation to be paid such clerk and the Board may further define, increase or decrease the duties of the clerk."
SECTION 5
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 754. By Messrs. Sherman and DeLong of the 105th, Fleming of the 106th and Snellings of the 104th:
A Bill to be entitled an Act to amend an Act providing a permanent county employees' pension fund for permanent employees of the Board of Commissioners of Roads and Revenues for Richmond County, so as to provide for certain optional additional benefits; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
TO BE ENTITLED
An Act to amend an Act entitled, "An Act to provide a permanent employee's pension fund for permanent employees of the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, as now or hereafter constituted, and also for permanent employees of elective officers, now and in the future, holding an office in Richmond County, Georgia which elective officer now, and in the future, or who hereafter receives his pay from the treasury of Richmond County, Georgia; also to define "employee", "permanent employee", "total and
1876
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permanent disability", and other terms; require that three (3) per centum of the salary, wages or remuneration of each employee of said Board, and also of each employee of said elective officers, be deducted from his pay and paid into said fund as part thereof; to require said Board to make payments into said fund as part thereof; to provide authority to the Board of Commissioners of Roads and Revenues of Richmond County, Georgia; to increase or reduce from time to time such deductions from such employee's salary, wage or remuneration, and to increase or reduce from time to time the sum to be paid by said Board in matching said deductions from such employee's salary, wage or remu neration; to empower and authorize, now and in the future, said Board to levy taxes, to raise any and all sums required of it to be paid into said fund, from time to time, and to pay it over to the county treasurer of Richmond County, Georgia; to exclude from the provisions of this Act certain officers and employees, including employees and officials of the Department of Public Welfare of Richmond County, Georgia, and employees and officers of the Board of Health of Richmond County, Georgia, the County Agent and County Home Demonstration Agent; to define the County Attorney as an employee of the County and his coming within the terms of this Act; to require said Board and certain County employees and County Officials, who now or who may hereafter draw any part of their pay from the Treasurer of Richmond County, Georgia, including the Treasurer of Richmond County, Georgia to perform the duties and obligations in connection with said fund and to designate the said County Treasurer as custodian of said fund; to provide for payment to a permanent employee from said fund; a retirement pension when his total services amount to twenty five (25) years; a retirement pension upon his reaching the age of sixty-five (65); a retirement pension when after twenty (20) years' service he is separated therefrom; a total permanent disability pension for total and permanent disability incurred while in the discharge of his duties; a temporary disability pension; a refund of fifty (50) per centum of deductions from said salary, wage or remuneration, in the event of voluntary separation from service, or separation from service by discharge; less deductions provided; a refund upon separation from service by death of one hundred (100) per centum of deductions from said salary, wage or remuneration, less deduction, provided; and to provide punishment under the criminal law for persons who violate the terms of this Act;" so as to provide that any employee of the County who is included under the Richmond County Pension Fund may elect in lieu of his or her normal pension benefit to receive a reduced amount of pension commencing upon his or her actual retire ment, and to provide that any employee after retirement who dies prior to receiving from said pension fund an amount equal to the deductions which have been made from his or her wages while so employed shall be entitled to have the difference paid to his or her surviving spouse, if one, and if not to be representative of his or her estate; and for other purposes; and to repeal all laws and parts of laws in conflict with this Act.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the Richmond County Employees' Pension Fund Act approved February 23, 1945, (Georgia Laws 1945, Pages 748-763) be and the same is hereby amended as follows:
TUESDAY, FEBRUARY 15, 1966
1877
Section 1. That a new section be added to said Act to be known as Section 24-A, to read as follows:
"Section 24-A. Any employee of the County who is included under the Richmond County Pension Fund Plan may elect in lieu of his or her normal pension benefit to receive a reduced amount of pension according to the age and sex of the participant and his or her spouse, commencing upon his or her actual retirement, with the provision that upon his or her subsequent death, if his or her spouse is still alive, that 50% of the pension which he or she was receiving immediately prior to his or her death, would be continued to such spouse for the balance of his or her lifetime or subsequent remar riage. Such election must be made by the employee at least one year prior to his or her actual retirement or at any time prior to his or her actual retirement upon furnishing evidence of good health to the Board of Commissioners of Roads and Revenues. An election once made may be revoked by the employee at any time prior to actual retirement and will be automatically revoked if the benefi ciary so designated by the employee dies before the employee's actual retirement."
Section 2 That a new section be added to said Act to be known as Section 24-B, to read as follows:
"Section 24-B. Any employee of the County who is included under the Richmond County Pension Fund, after retirement, who dies prior to receiving from said pension fund an amount equal to the amounts which have been paid into such fund from his or her wages while so employed shall be entitled to have the difference paid to his or her surviving spouse, if one, and if not to the repre sentatives of his or her estate; provided, however, the surviving spouse is not entitled to receive the pension provided for in Section 24-A."
Section 3. That a new section be added to said Act to be known as Section 24-C to read as follows:
"Section 24-C. That the widow of an employee who is killed in line of duty, as hereinafter defined, may elect, in lieu of receiving a refund of pension contributions under the provisions of this Act, to receive a pension computed at 25% of said employee's monthly salary or wages at the time of his death, which shall be payable monthly to the said widow, until her death or remarriage, or in the event of her death leaving a child or children of the said employee surviving her, who have not reached their 18th birthday, said pension shall be continued to be paid for the benefit of such child or children as long as they remain unmarried and until they reach their 18th birthday; and if there be no widow living at the time of the death of such employee killed as herein defined, but there be a child or children of said employee living as of said date who have not reached their 18th birthday, the guardian of said children may make a similar election as that provided for a widow and, in the event such election is made, a pension in said amount shall be paid for the benefit of such child or children as long as they remain un-
1878
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married and until they reach their 18th birthday. As used herein, "killed in line of duty" shall mean killed while actively performing the prescribed duties of the employee's job and not resulting from any misconduct or negligence of such employee; provided, however, that no payments shall be made under the provisions of this Section until such date as any monthly benefits provided under the Work men's Compensation Laws of Georgia shall have ceased."
Section 4. All laws and parts of laws, Acts and ordinances 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.
HB 722. By Messrs. Harris and Vaughan of the 14th: A Bill to be entitled an Act to provide that the ordinary of certain counties shall receive a salary in lieu of any other system of compen sation; and for other purposes.
The following Committee amendment was read and adopted:
Committee on Local Affairs moves to amend Section 1 by changing "14,000" where it appears to "28,260" and by changing "14,486" where it appears to "28,750", and by changing the caption accordingly.
The report of the Committee, which was favorable to the passage of the Bill, amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 749. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd and Wilson of the 102nd: A Bill to be entitled an Act consolidating the offices of tax collector and tax receiver of Cobb County, so as to change the compensation of the tax commissioner and the chief clerk of the tax commissioner; and for other purposes.
TUESDAY, FEBRUARY 15, 1966
1879
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 749 by striking from Section 2 the word "April" and substituting therefor "July" so that Section 2 shall read:
"This Act shall become effective July 1, 1966."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 321-724. By Mr. Clark of the 2nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Catoosa County Development Authority; to provide for powers, au thority, funds, purpose and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Catoosa County to be known as the Catoosa County Development Authority, which shall be an instrumentality of Catoosa 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 members 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 obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Catoosa County.
"The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private
1880
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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 Catoosa 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 establish ment within Catoosa County which in the judgment of the Authority will be a benefit to the people of said County. The provisions of this cause shall not be construed to limit any other power of the Authority;
(4) To borrow money, to issue notes, bonds, and revenue certificates therefor, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
(5) To contract with Catoosa County and other political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
(6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents, and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and 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 Catoosa 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 Catoosa County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful
TUESDAY, FEBRUARY 15, 1966
1881
furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovat ing, reconstructing, furnishing and equipping of such building. No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or 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 thing's 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 Catoosa County;
"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 immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Au thority may be sued the same as private corporations on any contractual obligation of the Authority;
"G. The members of the Authority shall receive no compen sation for their services of the Authority;
"H. The Authority, with the consent of the governing authority of Catoosa 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 procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed,
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assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Bonds thus issued, shall be paid first from the income of the Au thority. In the event such income is not sufficient to pay the principal and interest of such Revenue Bonds, as they mature, then the governing authority of Catoosa County is authorized and required to provide the additional funds necessary to make such payment, and for this purpose the said governing authority is authorized to levy an annual tax on all taxable property within the county provided such tax shall not exceed five mills;
"I. The governing authority of Catoosa County is also au thorized in addition to the tax provided in Paragraph H, to appropriate to the Authority such amount from its funds each year as it shall see fit, and any funds so appropriated when paid to the Authority shall become a part of the funds of the Authority and may be used for the purposes as herein stated or as may hereafter be defined by law;
"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;
"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Catoosa County and its citizens, industry, agriculture and trade within the County of Catoosa, and making long-range plans for such development and expansion and to authorize the use of public funds of Catoosa 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 Catoosa County, and the scope of its operations shall be limited to the territory embraced
TUESDAY, FEBRUARY 15, 1966
1883
within Catoosa County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Catoosa 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 Catoosa 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 Catoosa County Development Authority, and to provide
NO ( ) 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 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 Adams Alexander Anderson
Barber Bedgood Berry Black
Blair Blalock Bowen Brinkley
1884
Brown, B. D. Brown, C. Byrd Carley Carnes Carr Chandler Clarke, H. G. Clark, J. T. Conger Conner Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Drew Duncan Elliott Etheridge Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Hill
JOURNAL OF THE HOUSE,
Hood Howard Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jordan, Ben C. Jordan. W. H. Kiley Knapp Knight Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer
Paris Parker Phillips Powers Rainey Reid Richardson Roach Ross Rowland Rush Savage Sherman Shields Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watson Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wood
Those not voting were Messrs.:
Alien Bagby Barfield
Bean Bennett Brackin
Brantley Brown, M. P. Bryant
Busbee Caldwell Gates Collins, J. F. Collins, M. Colwell Cook Doster Egan Even sen Farrar Hale Harris, R. W.
TUESDAY, FEBRUARY 15, 1966
1885
Higginbotham Holder Houston Howell Hull Jones, G. Paul Jones, M. Lane Leonard Matthews, D. R. Mitchell Newton, D. L. Parrish
Peterson Piekard
Reaves Russell Sims
Smith, V. T. Steis Sullivan Townsend Watkins Westlake Wilson, R. W. 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.
HR 326-762. By Messrs. Dixon and Sweat of the 83rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to clarify the provisions relative to the filling of vacancies on the Board of Education of Ware County and the appointment of the County School Super intendent by the Board; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution, as amended by an Amendment relative to the Ware County Board of Education ratified at the general election in 1964 and found in Ga. Laws 1964, MayJune Ex. Sess., p. 335, is hereby amended by striking the third para graph of the aforesaid 1964 Amendment and inserting in lieu thereof the following:
"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 to fill such vacancy for the unexpired term. If such vacancy occurs from one of the four districts, the person elected by the remaining members shall be from such district. If the vacancy occurs in the position of the member from the county at large, the person elected to fill the vacancy may reside in either one of the four education districts. In the event one of the district members moves his residence from the district he represents,
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a vacancy shall 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 of 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 shall appoint the County School Superintendent. The person elected as County School Superintendent in 1964 shall serve through December 31, 1968, and the Board shall appoint a Superintendent who shall take office January 1, 1969. In the event a vacancy occurs in the office of County School Super intendent prior to January 1, 1969, the Board shall appoint a Superintendent who shall take office immediately. The Superintend ent shall serve at the pleasure of the Board. No election for Ware County School Superintendent by the people shall be held in 1968. The County School Superintendent appointed 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. Elections for members of the Board of Education shall be held and conducted in the same manner as elections for other county officials are held."
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 clarify the provisions relative to the filling of vacancies on the
NO ( ) Board of Education of Ware County and the appoint ment of the County School Superintendent by the Board?"
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.
TUESDAY, FEBRUARY 15, 1966
1887
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Anderson Barber Bedgood Berry Black Blair Blalock
Bowen Brinkley Brown, B. D.
Brown, C. Byrd Carley Carnes Carr Chandler Clarke, H. G. Clark, J. T. Conger Conner Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Drew Duncan Elliott Etheridge Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier
Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Hill Hood Howard Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jordan, Ben, C. Jordan, W. H. Kiley Knapp Knight Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Lovett Lowrey Maddox
Malone Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H.
Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Phillips Powers Rainey Reid Richardson Roach Ross Rowland Rush Savage Sherman Shields Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R.
Walling
1888
Ware Watson Webb
JOURNAL OF THE HOUSE,
Wells Wiggins Williams, G. J.
Williams, W. M. Wilson, J. M. Wood
Those not voting were Messrs.:
Alien Bagby Barfield Bean Bennett Brackin Brantley Brown, M. P. Bryant Busbee Caldwell Gates
Collins, J. F. Collins, M. Colwell Cook
Doster Egan Evensen Farrar Hale Harris, R. W. Higginbotham Holder Houston Howell Hull Jones, G. Paul
Jones, M. Lane Leonard Matthews, D. R.
Mitchell Newton, D. L. Parrish Peterson Pickard Reaves Russell Sims Smith, V. T. Steis Sullivan Townsend
Watkins Westlake Wilson, R. W. 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.
HR 327-762. By Messrs. Henderson and Wilson of the 102nd, McDaniell and Howard of the 101st, Jordan of the 103rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize Cobb County to install, construct, extend, repair and improve sidewalks in the incorporated as well as in the unincorporated areas of Cobb County and to issue general obligation bonds in order to finance said projects; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding following the first paragraph thereof a new para graph to read as follows:
TUESDAY, FEBRUARY 15, 1966
1889
"Cobb County is hereby authorized to install, construct, extend, repair and improve sidewalks in the incorporated as well as in the unincorporated areas of Cobb County and to issue general obligation bonds in the manner provided for above in order to finance said projects."
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 Cobb County to install, construct, extend, repair and
NO ( ) improve sidewalks in the incorporated as well as in the unincorporated areas of Cobb County and to issue general obligation bonds in order to finance said pro jects?"
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:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Barber
Bedgood Berry Black Blair Blalock
Bowen Brinkley Brown, B. D. Brown, C. Byrd
1890
Carley Carnes Carr Chandler Clarke, H. G. Clark, J. T. Conger Conner Cox Crowe Dailey Daugherty Da vis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Drew Duncan Elliott Etheridge Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Hill Hood Howard
JOURNAL OF THE HOUSE,
Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odoni Oglesby Otwell Overby Pafford Palmer Paris
Parker Phillips Powers Rainey Reid Richardson Roach Ross Rowland Rush Savage Sherman Shields Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watson Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wood
Those not voting were Messrs. :
Alien Bagby Barfield Bean
Bennett Brackin Brantley Brown, M. P.
Bryant Busbee Caldwell Gates
Collins, J. F. Collins, M. Colwell Cook Doster Egan Evensen Farrar Hale Harris, R. W. Higginbotham Holder
TUESDAY, FEBRUARY 15, 1966
1891
Houston Howell Hull Jones, G. Paul Jones, M. Lane Leonard Matthews, D. R. Mitchell Newton, D. L. Parrish Peterson
Pickard Reaves Russell Sims Smith, V. T. Steis Sullivan Townsend Watkins Westlake Wilson, R. W. 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.
By unanimous consent, the following Resolutions of the House were read and adopted:
HR 369. By Messrs. Kiley of the 115th, Smith and Gaynor of the 114th, Powers of the 113th, and others:
A RESOLUTION
Expressing condolence at the recent passing of Earle Holden; and for other purposes.
WHEREAS, Earle Holden, a longtime resident of Savannah, and an outstanding citizen of southeastern Georgia, has recently passed away; and
WHEREAS, Earle Holden, as an executive for a theater chain, was a successful businessman, but found time to serve with honor and distinction as an active member of the Lions Clubs in Atlanta and Savannah, and has made outstanding contributions to the many projects of Lions International, including the vision program for underprivileged people; and
WHEREAS, Earle Holden has supported every worthwhile measure of progress in Coastal Georgia and throughout Georgia, and has spoken out on many occasions in the interest of civic and political improvements; and
WHEREAS, Earle Holden served his fellow man unselfishly and was an exemplary example of the true Christian in every sense of the word.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body express its deep sympathy and
1892
JOURNAL OP THE HOUSE,
sineerest condolences to the family of Earle Holden, for by his living, he has enriched the lives of all who knew him, and as a result of his passing, he has left in the hearts of his family, friends and admirers a cherished memory to sustain them in their time of grief.
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 immediate family of Earle Holden, and the Savannah Lions Club.
HR 370. By Messrs. Richardson and Drew of the 116th, Smith of the 114th, Kiley of the 115th, Powers and Gignilliat of the 113th and Funk of the 116th:
A RESOLUTION
Relative to the building of a replica of the steamship "Savannah"; and for other purposes.
WHEREAS, in 1819 the steamship "Savannah" made a historic voyage from Savannah, Georgia, across the Atlantic Ocean demonstrat ing the practicality of steam power in oceanic commerce; and
WHEREAS, the construction of a replica of the steamship "Savannah" and its use for display purposes and sightseeing voyages would be a unique way in which to promote tourism in Georgia and such replica would be an outstanding attraction for visitors from all parts of the Nation and the world; and
WHEREAS, the General Assembly in 1963 (Ga. Laws 1963, p. 2136) created The Steamship "Savannah" Commission for the purpose of investigating and pursuing the said project; and
WHEREAS, it would be highly advantageous if the State of Georgia were to participate therein.
NOW, THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Governor and the Department of Industry and Trade are hereby requested and urged to make funds available on a dollar matching basis for the building of a replica of the steamship "Savannah" and to enter into the necessary contracts with the aforesaid "Savannah" Steamship Commission for the construction and utilization of this outstanding tourist attraction. The Governor and the aforesaid Department are hereby requested and urged to use what ever funds are available for the aforesaid purpose.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the Governor, to each member of the Board of the Department of Industry and Trade, to the Director of the Department of Industry and Trade, and to the Chairman of The Steamship "Savannah" commission.
TUESDAY, FEBRUARY 15, 1966
1893
HE 371. By Messrs. Smith and Gaynor of the 114th, Drew and Funk of the 113th, Kiley and Tye of the 115th and Powers of the 113th.
A RESOLUTION
Commending the Benevolent and Protective Order of the Elks in Savannah, Georgia; and for other purposes.
WHEREAS, on February 18th and 19th the Elks of Savannah will sponsor a minstrel show to be held in the City Auditorium in Savannah, and all of the talent for such show is local, and all of the proceeds from the result of such show shall be forwarded to the Aidmore Hospital for Crippled Children; and
WHEREAS, the Hunter Air Force Base Color Guard will also participate in this show in a grand finale.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body wishes to commend the Benevolent and Protective Order of the Elks of Savannah for their outstanding service to the children and youth of Georgia through the operation of Aidmore Hospital.
BE IT FURTHER RESOLVED that this body wishes to express its appreciation to the Air Force for allowing the Color Guard from Hunter Air Force Base to participate in, and be a part of, this charitable and noble endeavor.
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 the Benevolent and Protective Order of the Elks in Savannah and the Hunter Air Force Base Color Guard.
HR 372. By Mr. Floyd of the 7th:
A RESOLUTION
Commending Captain E. D. Mink; and for other purposes.
WHEREAS, Captain E. D. Mink, Georgia State Patrol, is one of the original members of the Department of Public Safety and has served the State and said Department since 1937; and
WHEREAS, he has served as supervisor of the following divisions: 1 -- Drivers License Division 2 -- Treasurer and Disbursing Officer 3 -- Administrative Assistant Commanding Officer 4 -- Accident Reporting Division
1894
JOURNAL OP THE HOUSE,
5 -- Safety Education Division
6 -- Motor Vehicle Inspection Division and is now Head of the Motor Vehicle Inspection Division; and
WHEREAS, he takes an active part in civic, religious, and fraternal affairs of his community having served as President of the PTA, is a life member of the Masonic Fraternity, and has held the position of Secretary-Treasurer of the Peace Officers' Association of Georgia for more than fifteen years; and
WHEREAS, his work in the religious field is well known and he is presently an Elder and Sunday School Teacher in the Presbyterian Church; and
WHEREAS, he is a most dedicated, efficient and honest employee of the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex tended to Captain E. D. Mink for his long years of faithful service to the State of Georgia and to the Department of Public Safety.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Captain E. D. Mink.
By unaniomus consent, the following Resolutions of the House were read and referred to the Committee on Rules:
HR 373. By Mr. Smith of the 114th:
A RESOLUTION
Creating an interim committee to study the advisability of au thorizing the Department of Public Health to assist day care centers for the mentally retarded; and for other purposes.
WHEREAS, the care, training, and education of mentally retarded persons is of vital interest to this State; and
WHEREAS, because of limited funds available, day care centers are able to furnish care and training to such persons on a limited basis only; and
WHEREAS, the services that these centers provide could be greatly expanded if the State could furnish them with additional revenues, and the utilization of this method would provide the additional care needed at the lowest possible cost to the State; and
WHEREAS, the State should furnish such funds only upon a complete investigation of each particular center, so that the services furnished by such facility could be coordinated with existing State pro-
TUESDAY, FEBRUARY 15, 1966
1895
grams which provide various services for such persons, and such investigations and coordination lend themselves most easily to those services provided by the State Department of Public Health.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim committee to make a comprehensive study of the advisability of authorizing the Department of Public Health to assist day care centers for the mentally retarded. Said committee shall consist of five (5) members to be ap pointed by the Speaker of the House of Representatives.
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 may do any other things consistent with this Resolution that are necessary or convenient to enable it to fully and adequately exercise its powers, performance, and duties and accomplish the objectives and purposes of this Resolution.
BE IT FURTHER RESOLVED that the members of the committee shall receive the same compensation, per diem expenses and allowances authorized for legislative members of interim legislative committees. 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 government. Such compensation, expenses or allowances shall not be received for more than ten (10) days.
BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations, which report shall be accompanied by such proposed legislation as might be recommended by said committee. Such report shall be made on or before December I/ 1966, on which date the committee shall stand abolished.
HR 374. By Messrs. Irvin of the llth, Alien of the 93rd, Brown of the 135th Moore of the 20th, Cook of the 123rd and Levitas of the 118th:
A RESOLUTION
Creating an interim study committee to study all of the problems and areas relating to tenure of teachers; and for other purposes.
WHEREAS, the State of Georgia is vitally interested in providing her students with the finest teachers available; and
WHEREAS, such teachers deserve to receive additional compen sation for tenure; and
WHEREAS, it is imperative that salaries for highly qualified teachers reflect their tenure.
1896
JOURNAL OF THE HOUSE,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim committee to study all of the problems relating to teacher tenure, said committee to be composed of seven (7) members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The com mittee shall study the procedures relating to tenure and all matters relative thereto. The members of the committee 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 twenty (20) days. The committee shall make a report of its findings and recommendations, including proposed legisla tion, on or before December 1, 1966, on which date the committee shall stand abolished. 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.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:
SR 62. By Senators Holloway of the 12th, Smalley of the 28th, Carter of the 14th and Tribble of the 3rd:
A Resolution authorizing the Georgia State Game and Fish Commission to stock the lakes and ponds owned by the State of Georgia and located within a State Park; and for other purposes.
Referred to the Committee on Game and Fish.
SR 65. By Senator Holloway of the 12th:
A Resolution creating an interim committee to study all matters relating to the feasibility of establishing a state laison office in Washington, D. C.; and for other purposes.
Referred to the Committee on Rules.
SR 70. By Senators Smith of the 18th, Adams of the 26th, Carter of the 14th and others:
A Resolution authorizing and directing the Georgia Ports Authority to execute a local assurer agreement with the United States Corps of Engineers and the County of Chatham; and for other purposes.
Referred to the Committee on State Institutions and Property.
SR 80. By Senator Webb of the llth:
A Resolution to create the Air Pollution Study Committee; and for other purposes.
Referred to the Committee on Rules.
TUESDAY, FEBRUARY 15, 1966
1897
SB 131. By Senator Ward of the 39th:
A Bill to be entitled an Act to amend Code Chapter 107-2, relating to the action of bail trover to recover personalty, so as to remove therefrom the procedure relative to the confinement of the defendant in the event security is not given by the defendant or the property is produced; and for other purposes.
Referred to the Committee on Judiciary.
SB 168. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th and others:
A Bill to be entitled an Act to amend an Act regulating the manufacture, sale, possession, etc., of narcotic drugs in the State of Georgia, so as to provide life imprisonment in lieu of the death penalty for the second or subsequent offense for selling or furnishing a minor with any narcotic drug; and for other purposes.
Referred to the Committee on Judiciary.
SB 182. By Senators Plunkett of the 30th, Coggin of the 35th and Broun of the 46th:
A Bill to be entitled an Act to provide for a method, in addition to existing methods, for the annexation of contiguous territory to in corporated municipalities upon the application of not less than 60% of the owners representing at least 60% of the land area included in such application; and for other purposes.
Referred to the Committee on Special Judiciary.
SR 64. By Senator Wesberry of the 37th, Sanders of the 41st, Coggin of the 35th, and others:
A Resolution to establish a local Government Commission in Atlanta, Pulton and DeKalb Counties for governments and providing greater efficiency and economy, etc.; and for other purposes.
Referred to the Committee on Judiciary.
SB 173. By Senators Carter of the 14th, and Rowan of the 8th:
A Bill to be entitled an Act to amend an Act requiring the State Auditor to establish an equalized adjusted school property tax digest; and for other purposes.
Referred to the Committee on Ways and Means.
1898
JOURNAL OF THE HOUSE,
SB 216. 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 date of the election; and for other purposes.
Referred to the Committee on Local Affairs.
SB 214. By Senator Eldridge of the 7th:
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.
Referred to the Committee on Special Judiciary.
SB 217. 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 date on which city taxes become due and payable; and for other purposes.
Referred to the Committee on Local Affairs.
SB 234. By Senators Wesberry of the 37th, Thompson of the 34th, Coggin of the 35th 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 one dollar; and for other purposes.
Referred to the Committee on Ways and Means.
SB 236. By Senators Holley of the 22nd and Padgett of the 23rd:
A Bill to be entitled an Act to amend an Act establishing and creating a municipal court in and for the City of Augusta, so as to change the compensation of certain officers and personnel of said court; and for other purposes.
Referred to the Committee on Local Affairs.
SB 237. By Senator Webb of the llth:
A Bill to be entitled an Act to fix, allow and provide for the compen sation of the Sheriff of Miller County; and for other purposes.
Referred to the Committee on Local Affairs.
Mr. Murphy of the 26th arose to a point of personal privilege and addressed the House.
TUESDAY, FEBRUARY 15, 1966
1899
The following Bill of the House again was taken up for reconsideration:
HB 245. By Messrs. Bagby of the 21st, Brown of the 120th and others:
A Bill to be entitled an Act to amend Code Title 114 relating to Work men's Compensation, and for other purposes.
Mr. Bagby of the 21st moved that the House reconsider its action in failing to pass HB 245.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Bagby Barfield Bennett Blair Brinkley Brown, B. D. Brown, C. Bryant Caldwell Carley Games Gates Collins, J. F. Cox Crowe Daugherty DeLong Dickinson Dillon Dixon Duncan Funk Grahl Grier Hadaway Hamilton Harrell Harris, J. R.
Harrison Higginbotham Hill Hood Houston Howard Howell Johnson, B. Jones, M. Knapp Lambros Land Lee, W. S. Le vitas Lewis Malone Matthews, D. R. McClatchey McDaniell Merritt Mixon Murphy Newton, A. S. Newton, D. L. Odom Pafford Palmer Paris Peterson Phillips
Reid Richardson Roach Rowland Rush Savage Simkins Smith, A. B. Smith, W. L. Snellings Spillers Starnes Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Tucker Tye Vaughan, D. N. Vaughn, C. R. Watkins Westlake Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Berry Black Blalock
Brantley Byrd Carr
Clarke, H. G. Clark, J. T. Collins, M.
1900
JOURNAL OF THE HOUSE,
Conger Davis Dollar Drew Fulford Gaynor Gignilliat Harris, J. F. Herndon Hutchinson Johnson, A. S. Dr. Jordan, W. H.
Kiley Lane Leonard Lovell Lovett Melton Moore, Don C. Parker Parrish Powers Reaves Ross
Russell Sherman Smith, V. T. Snow Spikes Stewart Townsend Ware Webb Wiggins
Those not voting were Messrs.:
Abney Alien Anderson Barber Bean Bedgood Bo wen Brackin Brown, M. P. Busbee Chandler Colwell Conner Cook Dailey Dean Dorminy Doster Egan Elliott Etheridge Evensen Farrar Fleming
Floyd Gaissert Gary Hale Harrington Harris, R. W. Hawkins Henderson Holder Hull Irvin Jones, C. M. Jones, G. Paul Jordan, Ben C. Knight Lambert Lea, F. R. Lee, W. J. (Bill) Longino Lowrey Maddox Marshall Matthews, C. Mauldin
McCracken Minge Mitchell Moore, J. H. NeSmith, J. D. Nessmith, P.
Oglesby Otwell Overby Pickard Rainey Shields Sims Smith, G. L. II Smith, J. R. Stalnaker Steis Thompson, R. Underwood Walling Watson Wells Wilson, J. M. Mr. Speaker
On the motion, the ayes were 89, nays 43.
The motion prevailed and the House reconsidered its action in failing to pass HB 245.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
TUESDAY, FEBRUARY 15, 1966
1901
HB 345. By Mr. Collins of the 88th:
A Bill to be entitled an Act to authorize the City of Pelham to alter and abandon streets, and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Municipal Government moves to amend HB 345 by changing the period at the end of Section 1 to a semicolon and adding the following:
"Provided, however, that just compensation is paid for any property rights which may be affected by the exercise of such power and authority."
Mr. Collins of the 18th moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 104, nays 0.
The Senate amendment to HB 345 was agreed to.
HB 507. By Messrs. Overby, Wood and Williams of the 16th:
A Bill to be entitled an Act to create a new charter for the City of Oakwood, and for other purposes.
The following Senate amendments were read:
The Senate Committee on County and Municipal Government moves to amend Section 9(m) of HB 507 by striking the Section in its entirety and substituting in lieu thereof the following:
"Control and/or prohibit the manufacture and/or sale of all alcoholic beverages, and to tax, license, regulate and control hotels, boardinghouses, apartments, restaurants, theatres, dance halls, ath letic and sporting events and places and all other entertainment activities and places, regulate the operation of all vehicles used for pleasure or business, and garages, mills, factories, ginneries, gas and water companies; regulate the use of its streets for all purposes, including the right to impose a reasonable license tax for use of streets for business purposes; to prevent stock and poultry from running at large, and to seize and impound any domestic or wild animal or fowl found at large within the city limits; and to provide by proper ordinance for the redemption or sale of the same; and to adopt such ordinances as may be considered necessary to carry out the provisions of this Act."
1902
JOURNAL OF THE HOUSE,
The Senate Committee on County and Municipal Government moves to amend HB 507, Section (9)u by changing the period at the end there of to a comma and adding the following:
"provided, however, this section shall not be construed to au thorize the adoption of any electric code which applies to the installa tion, repair, or maintenance of electric wires, apparatus, equipment or devices by or for a utility rendering common carrier communi cation services."
The Senate Committee on County and Municipal Government moves to amend Section 51 of HB 507 by inserting in the first sentence after the words "may prohibit or remove all" the word "unlawful" so that the phrase will read as follows:
"may prohibit or remove all unlawful obstructions of or en croachments thereon or interference therewith."
The Senate Committee on County and Municipal Government moves to amend Section 55 of HB 507 by striking the Section in its entirety and substituting in lieu thereof the following:
"Franchises. The mayor and council is hereby vested with the right to exercise and control franchise rights within the corporate limits of the city over all public utility corporations."
The Senate Committee on County and Municipal Government moves to amend Section 56 by striking the period at the end of the first sentence of (A) and inserting the following:
"except those regulated by the Public Service Commission."
HOUSE BILL 507
The Senate Committee on County and Municipal Government moves to amend Section 67 of HB 507 by adding a new paragraph at the end thereof as follows:
"No electrical code so adopted nor the rules nor regulations promulgated in connection therewith, shall apply to communication equipment installations made by or for a utility rendering common carrier communication services and required by it to be utilized as a part of its plant in the rendition of its duly authorized services to the public."
Messrs. Williams and Wood of the 16th moved that the House agree to the Senate amendments.
On the motion to agree, the ayes were 110, nays 0.
The Senate amendments to HB 507 were agreed to.
TUESDAY, FEBRUARY 15, 1966
1903
HB 491. By Messrs. Bedgood and Matthews of the 29th:
A Bill to be entitled an Act to amend an Act so as to provide that no educational tax shall be levied at a rate in excess of 20 mills by Clarke County, and for other purposes.
The following Senate amendment was read:
Senator Broun of the 46th moves to amend HB 491 as follows:
By inserting in the title, immediately before the phrase "to repeal conflicting laws", the following:
"to provide for an effective date;".
By renumbering Section 2 as Section 3.
By inserting following Section 1 a new Section 2 to read as follows:
"Section 2. The provisions of this Act shall become effective January 1, 1968."
Mr. Matthews of the 29th moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 491 was agreed to.
HB 415. By Mr. Clark of the 2nd: A Bill to be entitled an Act to change the mode of compensating the Sheriff of Catoosa County from the fee system to the salary system, and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Municipal Government moves to amend HB 415 as follows:
By striking from the last sentence of Section 6 the figure "$5,000.00" and inserting in lieu thereof the figure "$7,500.00".
Mr. Clark of the 2nd moved that the House agree to the Senate amendment.
1904
JOURNAL OF THE HOUSE,
On the motion to agree, the ayes were 110, nays 0.
The Senate amendment to HB 415 was agreed to.
HB 525. By Messrs. Howard of the 101st and Henderson and Wilson of the 102nd:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of Marietta, and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Municipal Government moves to amend HB 525 as follows:
By adding at the end of quoted Section 2E of Section 1 the follow ing:
"TRACT NO. 20
All that tract or parcel of land lying and being in Land Lots 507 and 574, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at a point formed by the intersection of the north right-of-way of Morrell Road and the west right-of-way of the U. S. 41 Fourlane Highway; thence running south westerly along the north right-of-way of Morrell Road for a distance of 687.5 feet more or less to a point on the west right-of-way of Georgia Power Company Atkinson-Marietta 110 K.V. Power lines; thence south east along the west right-of-way of said power line a distance of 31 feet more or less to a point on the south right-of-way of Morrell Road; thence north easterly along the south right-of-way of Morrell Road a distance of 682.5 feet more or less to the west right-of-way of U.S. 41 Fourlane Highway; thence northwesterly along the west right-of-way of U. S. 41 Fourlane Highway a distance of 30 feet to the point of beginning.
Property described above being that portion of the tract known as Morrell Road between west right-of-way of U. S. 41 Fourlane Highway and west right-of-way of Georgia Power Company Atkinson to Marietta 110 K.V. power line.
"TRACT NO. 21
All that tract or parcel of land lying and being in Land Lots 3, 4, 69, and 70 of the 17th District, 22nd Section of Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at a point on the west line of Land Lot 70, said point being located 730.1 feet north of the southwest corner of said
TUESDAY, FEBRUARY 15, 1966
1905
land lot and running thence due East 50 feet to a point and corner; thence due South in a line parallel with the West boundary of said land lot a distance of 680.1 feet to a point and corner; thence due East a distance of 330 feet to a point and corner; thence due South a distance of 280 feet to a point and corner; thence South 89 degrees 29 minutes East a distance of 1200 feet to a point located in Chest nut Hill Road; thence South 53 degrees 22 minutes West 320 feet to a point; thence South 20 degrees 22 minutes West a distance of 260 feet to a point; thence South 28 degrees 22 minutes West 200 feet to a point; thence South 63 degrees 52 minutes West a distance of 320 feet to a point; thence South 50 degrees 32 minutes West a distance of 100 feet to a point; thence South 67 degrees 34 minutes West a distance of 250 feet to a point; thence due North to a point located 764 feet South of the North line of Land Lot 60; thence due West to a point 330 feet East of the West line of Land Lot 69; thence North 75 degrees 35 minutes West a distance of 268 feet to a point; thence North 45 degrees 21 minutes West a distance of 296 feet to a point; thence North 15 degrees 07 minutes West a distance of 292 feet to a point; thence due North a distance of 198 feet more or less to the North line of Land Lot 4; thence East a distance of 7.45 feet to a point; thence south easterly and curving to the south on a radius of 161 feet for a distance of 96.6 feet to a point; thence continuing southeasterly and curving to the North on a radius of 211 feet for a distance of 126.6 feet to a point; thence East 7.45 feet to the East Boundary of Land Lot 4; thence continuing East for a distance of 5 feet; thence due North for a distance of 80 feet to a point; thence West a distance of 5 feet to a point located on the East boundary of Land Lot 3, said point being 15 feet North of the Southeast corner of said land lot; thence West a distance of 7.45 feet; thence westerly and northwesterly curving to the North, said curve being on a radius of 161 feet for a distance of 96.6 feet to a point; thence continuing northwesterly and curving to the South on a radius of 211 feet for a distance of 126.6 feet to a point, said point being located 80 feet North of the South line of Land Lot 3; thence due West for a distance of 250 feet to a point; thence due North for a distance of 597.6 feet to a point located on the South boundary of the property of James T. Manning; thence North 88 degrees 17 minutes East a distance of 468.55 feet to a point located on the West boundary of Land Lot 70; thence North along the West line of Land Lot 70 a distance of 32.3 feet to the point of beginning."
Mr. Howard of the 101st 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 525 was agreed to.
1906
JOURNAL OF THE HOUSE,
HB 347. By Messrs. Wilson and Henderson of the 102nd and others:
A Bill to be entitled an Act to amend an Act so as to change the number of council meetings for the City of Kennesaw, and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Municipal Government moves to amend HB 347 as follows:
By inserting in the title immediately before the phrase "to repeal conflicting laws" the following: "to change certain other provisions relating to the Recorder's Court";.
By striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. Said Act, as amended, is further amended by striking Section 22 in its entirety and substituting in lieu thereof a new Section 22 to read as follows:
'Section 22. 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 re corder. 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 exer cise 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 exceed two hundred dollars, by im prisonment in the city jail not to exceed thirty days, or by work on the streets, sidewalks, or public works of said city of Kennesaw, not to exceed thirty days, or by one or more or all of these punish ments, 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 30 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 collected by execution against the defendant and against his property.'"
Mr. Wilson of the 102nd moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 107, nays 0.
TUESDAY, FEBRUARY 15, 1966
1907
The Senate amendment to HB 347 was agreed to.
HB 200. By Messrs. Hale, Abney and Snow of the 1st and others:
A Bill to be entitled an Act to amend Code Chapter 9-1 so as to change the educational requirements for applicants for admission to the practice of law, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 9-1, relating to appli cants for admission to the practice of law, as amended, particularly by an Act approved February 15, 1952 (Ga. Laws 1952, p. 150), an Act approved February 15, 1952 (Ga. Laws 1952, p. 262), and an Act ap proved April 9, 1963 (Ga. Laws 1963, p. 458), so as to change the edu cational requirements for applicants for admission to the practice of law; to provide for certain exceptions and exemptions from the educa tional requirements prescribed herein; to change the provisions relating to topics and subjects of the examination; to amend an Act providing for the holding of bar examinations, approved February 26, 1945 (Ga. Laws 1945, p. 151), as amended, particularly by an Act approved April 2, 1963 (Ga. Laws 1963, p. 293), so as to provide that there shall be not less than two examinations each calendar year; 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 Chapter 9-1, relating to applicants for admission to the practice of law, as amended, particularly by an Act approved February 15, 1952 (Ga. Laws 1952, p. 150), an Act approved February 15, 1952 (Ga. Laws 1952, p. 262), and an Act approved April 9, 1963 (Ga. Laws 1963, p. 458), is hereby amended by striking in its entirety subparagraph (b) of Code Section 9-103, relating to the qualifications of applicants for admission to the practice of law, and inserting in lieu thereof a new subparagraph (b) to read as follows:
"(b) The educational requirements of this section and chapter are as follows:
"(i) Two (2) years of college study, with credits sufficient to qualify for admission to the junior class of the University of Georgia at Athens or of one of the senior colleges of the University System of Georgia, or the substantial equivalent of such college study in point of intellectual competency and achievement as dem onstrated by examination in the following subjects: English Com position, American and English History and Social Sciences, and Basic Mathematics. The Justices of the Supreme Court shall make provision by rule for the giving of equivalency examinations not less frequently than once each calendar year and shall have full
1908
JOURNAL OF THE HOUSE,
power to determine and fix by rule the type of examinations to be given, the method of conducting and grading such examinations, the fees to be charged therefor, and all other matters relating thereto; and
"(ii) The successful completion of the requirements of a law school for a professional degree in law (LL.B. or its equivalent) involving regular classroom attendance over a period of not less than three school years;
"(iii) Provided, however, that nothing contained in this subparagraph (b) shall apply to or affect anyone who, on the effective date of this amendment, is a high school graduate and has suc cessfully completed the requirements of a law school for a pro fessional degree in law (LL.B. or its equivalent), involving regular classroom attendance over a period of not less than two school years; and provided further, the provisions of subparagraph (b) (i) shall not apply to anyone who has previously unsuccessfully taken the examination for admission to the practice of law pre scribed by this Chapter, nor shall it apply to any high school graduates who are, at the time of the effective date of this amend ment, regularly enrolled in a law school, or who, at such time, are bona fide engaged in the study of law in the office of one or more active members of the State Bar of Georgia or under such prac titioner's tutelage; and provided, further, the provisions of subparagraph (b) (ii) shall not apply to anyone who, at the time of the effective date of this amendment, is regularly enrolled as a student in a law school, and any such person shall be allowed to take the examination for admission to practice law at any time after he has completed the requirements necessary for 2 academic years in said law school and before July 1, 1969. Any person claiming the exemptions from the application for this subparagraph (b) must file in writing, within ninety days of the effective date of this amendment, with the Board of Bar Examiners, in such form as the Board may require, a claim asserting such exempted status."
Section 2. Said Chapter is further amended by adding thereto Code Section 9-110 to read as follows:
"9-110. Topics and subjects of the examination.--The applicant must be examined touching his knowledge of such subjects per taining to the practice of law and pertaining to his qualifications for admission to the practice of law as may seem advisable to the Board of Bar Examiners; also, touching his knowledge of:
(1) The principles of the common law and statutes of England, of force in this State;
(2) The law of pleading and evidence;
(3) The principles of equity;
TUESDAY, FEBRUARY 15, 1966
1909
(4) The Code of this State, the Constitutions of the United States and of this State, and the rules of practice in the Supreme Court of Georgia, the Court of Appeals of Georgia and the superior courts of this State.
"Provided that no question on any bar examination shall be framed so as to require the applicant to include as part of his answer the title or the name of the author of any book, or the style or citation of any decision."
Section 3. An Act providiing for the holding of bar examinations, approved February 26, 1945 (Ga. Laws 1945, p. 151), as aemnded, par ticularly by an Act approved April 2, 1963 (Ga. Laws 1963, p. 293), is hereby amended by striking from Section 1 the following:
"provided, that nothing in this Act shall be construed as limit ing applicants for admission to the Bar to college trained persons. There shall be held not less than two such examinations during each calendar year, the dates of which shall be fixed by the Justices of the Supreme Court, except that in the year 1963, the two exami nations shall be held as previously provided in this section.",
and inserting in lieu thereof the following:
"provided, that nothing in this Act shall be construed as limit ing applicants for admission to the Bar to college, trained persons, except as provided by law. There shall be held not less than two such examinations during each calendar year, the date or dates of which shall be fixed by the Justices of the Supreme Court."
so that when so amended Section 1 shall read as follows:
"Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act, the Justices of the Supreme Court shall be authorized to make and adopt rules as to the making of application to take examination and as to the time, manner and places of holding examinations for admission to the Bar of this State and are hereby specifically authorized to provide for the holding of said examinations under the supervision of the Board of Bar Examiners at not more than three cities, under such rules and regulations as may be prescribed by them, and may provide for said examination to be held over such period of days as in their judgment shall be fair to the applicant for examination, provided, that nothing in this Act shall be construed as limiting applicants for admission to the Bar to college trained persons, except as pro vided by law. There shall be held not less than two such exami nations during each calendar year, the date or dates of which shall be fixed by the Justices of the Supreme Court."
Section 4. This Act shall become effective on May 1, 1966, and shall apply to all examinations given after that date.
1910
JOURNAL OP THE HOUSE,
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Bagby of the 21st moved that the House disagree to the Senate substitute
The motion prevailed and the House disagreed to the Senate substitute to HB 200.
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 153-319. By Messrs. Dollar and Conger of the 89th:
A Resolution authorizing the State to execute an easement over certain property located in Bainbridge State Park to the United States to be used in connection with the Jim Woodruff Dam, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Barber Barfield Bennett Berry Black Blair Blalock Brantley Brinkley Brown, B. D. Byrd Caldwell Carley Carnes Clark, J. T. Collins, J. F.
Collins, M. Conger Cox Crowe Dailey Davis Dean Dillon Dollar Doster Drew Duncan Evensen Farrar Floyd Fulford Funk Gaissert
Grier Harrell Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Hill Hood Houston Johnson, Dr. A. S. Jones, M. Jordan, W. H. Kiley Knapp Lambros Lee, W. S. Levitas
Lewis Lovell Lovett Lowrey Maddox Malone Marshall
Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Moore, Don C. Moore, J. H. Murphy Newton, A. S. Odom
Oglesby Otwell
TUESDAY, PEBRUAEY 15, 1966
1911
Pafford Palmer Paris Parker Parrish Peterson Phillips Reid Richardson Roach Ross Rush Russell Shields Sims Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Stewart
Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Vaughan, D. N. Ware Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Alien Anderson Bagby Bean Bedgood Bowen Brackin Brown, C. Brown, M. P. Bryant Busbee Carr Gates Chandler Clarke, H. G. Colwell Conner Cook Daugherty DeLong Dickinson Dixon Dorminy Egan Elliott Etheridge Fleming Gary
Gaynor Gignilliat Grahl Hadaway Hale Hamilton Harrington Harris, R. W. Henderson Higginbotham Holder Howard Howell Hull Hutchinson Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Knight Lambert Land Lane Lea, F. R. Lee, W. J. (Bill) Leonard Longino Matthews, D. R.
Mitchell Mixon NeSmith, J. D. Nessmith, P. Newton, D. L. Overby Pickard Powers Rainey Reaves Rowland Savage Sherman Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Snellings Steis Story Townsend Underwood Vaughn, C. R. Walling Wells Wilson, J. M. Mr. Speaker
1912
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the ayes were 118, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 671. By Mrs. Merritt of the 68th and Mrs. Hamilton of the 137th:
A Bill to be entitled an Act to amend an Act so as to expand the scope of the Georgia Art Commission, 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 Georgia Art Commission, approved March 18, 1964 (Ga. Laws 1964, p. 678), so as to expand the scope of the Georgia Art Commission to include music and drama; to increase the membership of the Georgia Art Commission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act creating the Georgia Art Commission, approved March 18, 1964 (Ga. Laws 1964, p. 678), is hereby amended by inserting in Section 1 between the word "to" and the word "painting" the following: "music, drama", so that when so amended Section 1 shall read as follows:
"Section 1. It is the purpose of this Act to create a Georgia Art Commission composed of capable, representative members from the field of art and aesthetics to advise the State on art and aesthetic matters, including but not limited to music, drama, paint ing, sculptures, murals, tablets, and monuments which are the property of the State, the design and visual appearance of State buildings and grounds, and the appearance of highways and parks as they contribute to the 'Visual Image of Georgia', and to advise the State on ways and means to promote the development of the arts in Georgia."
SECTION 2
Said Act is further amended by striking the word "ten" where it appears between the word "of" and the word "members" in the first sentence of Section 2 and inserting in lieu thereof the word "twelve"; and by adding two new sentences immediately following the first sen tence of Section 2 to read as follows:
TUESDAY, FEBRUARY 15, 1966
1913
"One member shall have special interest and training in the field of music. One member shall have special interest and training in the field of drama.",
so that when so amended, Section 2 shall read as follows:
"Section 2. There is hereby created the Georgia Art Commis sion to be composed of twelve members, all of whom shall be ap pointed by the Governor. One member shall have special interest and training in the field of music. One member shall have special interest and training in the field of drama. One member shall be appointed from the Georgia Council of the American Institute of Architects from a list of three nominees from the governing body of such organization; one member from the Georgia Chapter of the American Society of Landscape Architects from a list of three nominees from the governing body of such organization; one mem ber from the Association of Georgia Artists from a list of three nominees from the governing body of such organization; one mem ber from the Association of Georgia Designer-Craftsmen from a list of three nominees from the governing body of such organiza tion; one member from the Department of Art of the University of Georgia or other art unit of the University System of Georgia which grants a degree in art; one member from major art museums in Georgia selected from nominees submitted by such museums; and one member from the Department of Landscape Architecture of the University of Georgia; one member from a privately sup ported institution of higher learning offering an accredited program in the visual arts, selected from nominees submitted by such insti tutions; and two members from the State at large. The members of the Commission shall be persons who, by virtue of their experience and training, are capable of making professional judgments in the field of the arts."
SECTION 3
Said Act is further amended by inserting in Section 6 between the word "to" and the word "all" the following: "music, drama and", so that when so amended Section 6 shall read as follows:
"Section 6. As used in this Act the term 'works of art' shall apply to music, drama and all paintings, mural decorations, stained glass, sculptures, tablets, and monuments of permanent character intended for ornament or commemoration. As used in this Act the term 'Visual Image of Georgia' shall mean the appearance of the visual assets of Georgia, its public parks, its roads and highways, its vistas, and its historic and geographic places."
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.
1914
JOURNAL OP THE HOUSE,
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Barber Barfield Bean Bedgood Bennett Black Blair Blalock Brantley Brinkley Brown, B. D. Brown, C. Bryant Byrd Carley Carnes Gates Clark, J. T. Conger Crowe Dailey Davis Dillon Dollar Doster Duncan Egan Elliott Evensen Farrar Floyd Fulford Funk Gaissert Gary Gignilliat Grahl Grier Hadaway Hamilton
Harrell Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Hood Howell Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jordan, W. H. Kiley Knapp Knight Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin MeClatchey Melton Merritt Mixon Murphy Nessmith, P. Newton, A. S. Odom
Oglesby Overby Pafford Palmer Paris Peterson Phillips Powers Rainey Reid Richardson Roach Rowland Rush Shields Sims Smith, J. R. Smith, W. L. Snow Stalnaker Starnes Steis Stewart Stovall Sullivan Taylor Thomas Thompson, A. W. Thompson, R. Underwood Vaughan, D. N. Watkins Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood, J. T.
Those not voting were Messrs.:
Alexander Alien Anderson
Bagby Berry Bowen
Brackin Brown, M. P. Busbee
Caldwell Carr Chandler Clarke, H. G. Collins, J. F. Collins, M. Colwell Conner Cook Cox Daugherty Dean DeLong Dickinson Dixon Dorminy Drew Etheridge Fleming Gaynor Hale Harrington Henderson Hill
TUESDAY, FEBRUARY 15, 1966
1915
Holder Houston Howard Hull Jones, C. M. Jones, M. Jordan, Ben C. Lambert Lambros Lane Leonard Levitas Matthews, D. R. McCracken McDaniell Minge Mitchell Moore, Don C. Moore, J. H. NeSmith, J. D. Newton, D. L. Otwell Parker Parrish
Pickard Reaves Ross Russell Savage Sherman Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Snellings Spikes Spillers Story Sweat Townsend Tucker Tye Vaughn, C. R. Walling Ware Watson Wilson, J. M. Mr. Speaker
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.
Mr. Cook of the 123rd requested that he be recorded as having vote "aye" on the passage of HB 671.
Mr. Palmer of the 117th arose to a point of personal privilege and ad dressed the House.
HR 156-330. By Mr. Russell of the 92nd:
A Resolution authorizing the conveyance of a certain tract of Stateowned property in Thomas County to Wade E. Freeman, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
1916
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brantley Brinkley Brown, B. D. Brown, C. Bryant Byrd Caldwell Carley Carnes Chandler Collins, M. Conger Cox Crowe Dailey Davis Dean DeLong Dillon Dollar Drew Duncan Egan Elliott Evensen Farrar Fulford Funk Gaissert Gary Gaynor Gignilliat
Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Higginbotham Hill Hood Hull Hutchinson Irvin Johnson, B. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken Melton Merritt Moore, Don C. Nessmith, P. Newton, A. S.
Oglesby Otwell Pafford Palmer Parker Peterson Phillips Powers Rainey Reid Richardson Roach Boss Rowland Rush Russell Sherman Shields Sims Simkins Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Steis Stewart Stovall Sullivan Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Vaughan, D. N. Watkins Webb Wells Williams, G. J. Wilson, J. M. Wilson, R. W.
Those not voting were Messrs.:
Alexander Alien Anderson
Bagby Bowen Brackin
Brown, M. P. Busbee Carr
Gates Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Conner Cook Daugherty Dickinson Dixon Dorminy Doster Etheridge Fleming Floyd Grahl Hale Harris, R. W. Henderson Holder Houston Howard
TUESDAY, FEBRUARY 15, 1966
1917
Howell Johnson, Dr. A. S. Jones, C. M. Jones, M. Lambert Lambros Lane Leonard Levitas Lovell Matthews, D. R. McDaniell Minge Mitchell Mixon Moore, J. H. Murphy NeSmith, J. D. Newton, D. L. Odom
Overby Paris
Parrish Pickard Reaves Savage Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Spillers Story Sweat Townsend Underwood Vaughn, C. R. Walling Ware Watson Westlake Wiggins Williams, W. M. Wood 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 304. By Mr. Farrar of the 118th:
A Bill to be entitled an Act to create a State Council for the Preserva tion of Natural Areas, and for other purposes.
The following Committee amendment was read and adopted:
The Natural Resources Committee moves to amend HB 304 as follows:
By striking Subsection (1) of Section 3 in its entirety and in serting in lieu thereof a new Subsection (1), to read as follows:
"(1) One representative to be appointed by the State Game and Fish Commission for a term to be determined at the discretion of said commission."
By striking Subsection (2) of Section 3 in its entirety and inserting in lieu thereof a new Subsection (2), to read as follows:
1918
JOURNAL OF THE HOUSE,
"(2) One representative to be appointed by the State Forestry Commission for a term to be determined at the discretion of said commission."
By striking Subsections (4), (5), (6) and (7) in their entirety and inserting in lieu thereof the following:
"(4) Two Representatives from the University System of Georgia to be appointed by and for a term to be determined by the Georgia Association of Colleges.
"(5) Two Representatives from the Private Colleges and Universities of the State to be appointed by and for a term to be determined by the Georgia Association of Colleges.
By striking from Section 4 the words and numerals "Fifteen (15) days" and inserting in lieu thereof the words "Six Months".
By striking Section 5 in its entirety.
By renumbering Sections 6, 7, 8 and 9 as Section 5, 6, 7 and 8 respectively.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Barber Barfield Bean Bedgood Bennett Berry Black Blair Brantley Brinkley Brown, B. D. Brown, C. Bryant Byrd
Carley Carnes Chandler Clarke, H. G. Collins, J. F. Conger Cox Crowe Dailey Daugherty Davis Dillon Dixon Dollar Dorminy Drew Duncan Egan
Elliott Etheridge Evensen Farrar Funk Gaissert Gaynor Gignilliat Grahl Grier Hamilton Harrington Harris, J. R. Harris, R. W. Harrison Hawking Higginbotham Hill
TUESDAY, FEBRUARY 15, 1966
1919
Holder Hood Hutchinson Johnson, B. Jones C. M. Jones, G. Paul Jordan, Ben C. Knapp Land Lee, W. S. Levitas Lewis Lovell Lovett Lowrey Maddox M alone Marshall Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Mixon Moore, Don C.
Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Pafford Palmer Parker Peterson Phillips Pickard Powers Rainey Reid Richardson Roach Ross Rowland Rush Russell Savage Sherman Shields Sims Smith, A. B.
Smith, G. L. II Smith, J. R. Smith, W. L. Snellings Spillers Stalnaker Starnes Stewart Story Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tye Walling Watson Webb Westlake Wiggins Williams, G. J. Wilson, R. W. Wood
Those not voting were Messrs.:
Anderson Bagby Blalock Bowen Brackin Brown, M. P. Busbee Caldwell Carr Gates Clark, J. T. Collins, M. Colwell Conner Cook Dean DeLong Dickinson Doster Fleming Floyd Fulford Gary Hadaway
Hale Harrell Harris, J. F. Henderson Herndon Houston Howard Howell Hull Irvin Johnson, Dr. A. S. Jones, M. Jordan, W. H. Kiley Knight Lambert Lambros Lane Lea, F. R. Lee, W. J. CBill) Leonard Longino Matthews, C. Minge
Mitchell Moore, J. H. NeSmith, J. D. Overby Paris Parrish Reaves Simkins Smith, V. T. Snow Spikes Steis Stovall Tucker Underwood Vaughan, D. N. Vaughn, C. R. Ware Watkins Wells Williams, W. M. Wilson, J. M. Mr. Speaker
1920
JOURNAL OF THE HOUSE,
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 421. By Messrs. Mauldin of the 18th, Blalock of the 33rd and others: A Bill to be entitled an Act to provide for the regulation of "perpetual care and endowment care" cemeteries, and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to provide for the regulation of "Perpetual Care" and "Endowment Care" cemeteries; to provide for a declaration of intention; to provide for signs; to provide for trust funds; to create the State Cemetery Board; to provide for the powers and duties of the Board; to provide for certificates of registration; to provide for fees; to provide for rules and regulations; to provide for penalties; to pro vide for exceptions; to provide for sever ability; to provide for an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
It is hereby declared to be necessary in the public interest that cemeteries or burial grounds advertising or selling "Perpetual Care" or "Endowment Care" in connection with the sale of cemetery lots or burial spaces be subject to sufficient regulation by this State to insure the establishment of sound business practices necessary to furnish the perpetual care or endowment care guaranteed. The need for establish ing some regulation lies in the following facts found to be true: That there is no provision of law at the present time requiring the owner or operator of a perpetual care cemetery to establish any trust fund whatsoever, and unscrupulous operators can advertise and sell perpetual care lots and spaces without making any provision for the future furnishing of such services.
SECTION 2
From and after the effective date of this Act, all cemeteries of this State, except family, fraternal and municipal burial grounds, shall display a sign at the main entrance, containing letters not less than four inches in height, stating "Perpetual Care" or "Endowment Care" or "No Perpetual Care" or "No Endowment Care", dependent upon whichever method of operation the cemetery is using; provided, how ever, that those cemeteries which furnish perpetual care to some por-
TUESDAY, FEBRUARY 15, 1966
1921
tions and no perpetual care to other portions shall display the afore said signs on the appropriate sections of the cemetery to which the sign refers.
SECTION 3
All cemeteries, whether operated for profit or otherwise, which advertise, hold out to the public or sell perpetual care or endowment care in connection with the sale or lease of burial lots or grave spaces are hereby required to establish and maintain with a State or national bank or trust company doing business in this State an irrevocable trust fund, the income only of such fund to be available to the cemetery in the furnishing of perpetual care. Each such cemetery shall be re quired to register with the State Cemetery Board, as hereinafter pro vided, and obtain a certificate of registration in compliance with the provisions of this Act, and it shall be unlawful to operate a cemetery without obtaining or having a valid certificate as hereinbefore pro vided, and said certificate is not in suspension or revocation.
SECTION 4
Whenever any cemetery lot or grave space wherein perpetual care is promised or guaranteed, is sold by any cemetery, the cemetery shall, within 90 days after the lot or grave space has been paid for, transmit to the trustee for addition to the trust fund referred to in Section 3, the sum of $10.00 per cemetery lot or grave space or 10% of the sales price of lots, or 5% of total sales price of crypts, whichever is greater. The additions required hereunder shall apply only to lots or grave spaces sold or constructed to be sold on or after the effective date of this Act.
SECTION 5
Any cemetery created on or after July 1, 1966, which offers per petual care or endowment care shall be required to initially deposit the sum of at least $5,000.00 to the trust fund referred to in Section 3, and additions thereto shall be required as referred to by Section 4 as lots or grave spaces are sold. This should be credited as the lots are sold and the deeds issued. The title to all property of any cemetery which offers perpetual care or endowment care shall be free and clear of all encumbrances and shall be paid for in full.
SECTION 6
For the purpose of administering the provisions of this Act, there is hereby created a State Cemetery Board to consist of three members to be appointed by the Governor from a list of six names of persons actively engaged in the cemetery industry, submitted by the Georgia Cemetery Association. The members so appointed shall each year elect a chairman from among themselves. In the event the members cannot agree as to who 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, how ever caused, shall be filled by appointment by the Governor for the
1922
JOURNAL OF THE HOUSE,
remaining unexpired term. Each member of said Board shall hold office until his successor is appointed or qualified. The Board shall meet at least once each quarter for the purpose of adopting rules and regula tions, passing on applications and qualifications, or other matters per taining to the duties of said Board, but said Board shall be subject to the call of the chairman and joint-secretary at other times. The members of the Board shall be considered public officers and shall take the oath required of such officers. Each original member shall be appointed to serve for a term beginning on July 1, 1966, and shall serve one year, two years, and three years, as designated by the Governor. Thereafter, such succeeding appointment shall be for a three-year term. The members shall serve without compensation.
SECTION 7
It shall be the duty of said Board to issue through the joint-secre tary, State Examining Boards, certificates of registration as here inbefore provided, the same being under the seal of the Board and signed by its chairman and the joint-secretary. Said Board shall adopt a seal to be used to authenticate its official papers and acts. It shall have the power to subpoena witnesses, administer oaths, and hear and take testimony in any matter over which it may have jurisdiction. The Board shall be provided with suitable quarters for the conduct of its business, and its records shall be open to public inspection at all reasonable times.
SECTION 8
The joint-secretary, State Examining Boards, shall keep a record of all proceedings of the State Cemetery Board and shall keep a register in which shall be entered the names of all cemeteries to whom certifi cates of registration are issued, which register shall be open at all times for public inspection. Said records and register shall be prima facie evidence of all matters required to be kept therein and certified copies of same or parts of same shall be primary evidence of their contents and all such copies of the documents. Certificates lawfully issued upon the authority of the State Cemetery Board shall, when authenticated under the seal of said Board, be admitted in any investigation in any court or elsewhere without further proof.
SECTION 9
Each such registration shall be made in like form on or before July 1st of each year. Said registration shall include the name and location of the cemetery, the name and address of the owner and shall be accompanied by a registration fee of $25.00 for the first year of doing business and a fee of $25.00 for each year thereafter.
SECTION 10
If the provisions of this Act are not complied with, the Board shall have power and authority to refuse to issue a certificate or renewal thereof to any cemetery, to suspend or revoke the certificate of any
TUESDAY, FEBRUARY 15, 1966
1923
cemetery in accordance with an Act known as the Georgia Administra tive Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338).
SECTION 11
The Board created by this Act shall have the authority to promul gate all necessary rules and regulations to effectuate the purposes of this Act in accordance with an Act known as the Georgia Administra tive Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338). The Board shall have the duty of auditing the books of each perpetual care cemetery at least once every two years, and more often if neces sary, to insure that the cemetery is complying with the provisions of this Act. Provided, however, the Board shall accept the sworn state ment of a certified public accountant as to the accuracy of the condi tion of each perpetual care trust fund, and if a cemetery does not employ a certified public accountant, the Board may, at its discretion, audit the records of the cemetery at the expense of the cemetery.
SECTION 12
Violations of any of the provisions of this Act constitute a mis demeanor and shall be punishable by a fine of $100.00 or imprisonment of thirty (30) days or both for each violation. Each failure to deposit $10.00 for each grave space, or 10% of the sale price of lots or 5% of the total sales price of crypts, as mention hereinabove, shall constitute a separate violation. Provided, however, that failure to obtain the certificate of registration provided by Section 7 or operating any such cemetery while said certificate is in suspension or revocation, shall be a felony, punishable by not more than two years imprisonment in the State penitentiary or a fine of $100.00 per day for every day that said cemetery is operated without such certificate or while such certificate is in suspension or revocation, or both. It shall be the duty of the Solicitors General of each circuit in this State to prosecute any vio lations of the provisions of this Act within his jurisdiction.
SECTION 13
The provisions of this Act shall not apply to municipally-owned cemeteries, fraternal cemeteries, church cemeteries or family burial grounds.
SECTION 14
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 unconsti tutional.
1924
JOURNAL OF THE HOUSE,
SECTION 15
All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment to the Committee substitute was read and adopted:
Messrs. Murphy of the 26th and Parish of the 23rd move to amend HB 421 by substitute as follows:
By adding the following in Section 3 between the words "State" and "an" the words "or a State or Federal Building and Loan Asso ciation" and by adding at the end of Section 3 the following sentence:
"Any such Trust Fund shall be deposited in an account draw ing interest."
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 Adams Alexander Barber Barfield Bennett Berry Black Blair Blalock Brantley Brinkley Brown, B. D. Brown, C. Byrd Caldwell Carley Games Gates
Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Cox Crowe Dailey Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Drew Duncan Egan
Elliott Fleming Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins
TUESDAY, FEBRUARY 15, 1966
1925
Henderson Herndon Hill Hood Howard Hutchinson Irvin Johnson, A. S. Dr. Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambert Lambros Land Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell
Melton Merritt Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Phillips Powers Reid Richardson Roach Ross Rowland Rush Russell Savage Shennan Shields Sims Smith, A. B. Smith, G. L. II Smith, J. R. Smith, W. L. Snellings
Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Anderson Bagby Bean Bedgood Bo wen Brackin Brown, M. P. Bryant Busbee Carr Collins, M. Conger Conner Cook Daugherty
Doster Etheridge Evensen Farrar Floyd Hale Higginbotham Holder Houston Howell Hull Johnson, B. Jones, G. Paul Lane Lea, F. R. Leonard
Matthews, D. R. Minge Mitchell Moore, J. H. Parker Parrish
Peterson Pickard Rainey Reaves Simkins Smith, V. T. Townsend Ware Mr. Speaker
1926
JOURNAL OF THE HOUSE,
On the passage of the Bill, by substitute, as amended, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 33. By Messrs. Harris, Walling, Levitas and Farrar of the 118th:
A Bill to be entitled an Act to amend Code Section 89-9908 relating to the method of indictment of county officers for malpractice in office so as to strike that portion which gives the defendant the right to bring witnesses before the grand jury, and for other purposes.
The following amendment was read:
Messrs. Odom and Lee of the 79th move to amend HB 33 by striking all of the language in Section 1 following the word "entirety" and by placing a period after the word "entirety".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Anderson Barfield Bean Bennett Blair Bowen Brinkley Brown, C. Bryant Busbee Carley Games Cox Dean
Dillon Egan Farrar Gaissert Grier Harris, J. R. Higginbotham Hill Howell Hutchinson Jones, M. Lee, W. S. Levitas Lovett McClatchey
Melton Merritt Moore, Don C. Odom Otwell Overby Reid Smith, J. R. Snellings Story Tucker Watkins Watson Williams, W. M.
Those voting in the negative were Messrs.:
Abney Alien Bagby Black Blalock
Byrd Caldwell Clarke, H. G. Clark, J. T. Collins, J. F.
Collins, M. Conger Crowe Dailey Daugherty
TUESDAY, FEBRUARY 15, 1966
1927
Davis DeLong
Dollar Dorminy Doster Drew Duncan Evensen Fleming Floyd Gary Gaynor Gignilliat Grahl Hadaway Harrington Harrison Henderson Herndon Houston Howard Johnson, A. S. Dr. Jordan, Ben C. Jordan, W. H. Kiley Lambros
Land Lea, F. R. Lewis Longino Lovell Malone Matthews, C. Matthews, D. R. McCracken McDaniell Mixon Moore, J. H. Murphy Nessmith, P. Newton, A. S. Oglesby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reaves
Roach Ross Rowland Rush Russell Savage Sherman Shields Smith, A. B. Smith, G. L. II Smith, W. L. Snow Spikes Spillers Stalnaker Stovall Taylor Thomas Thompson, R. Underwood Vaughn, C. R. Webb Wiggins Wilson, J. M. Wood
Those not voting were Messrs.:
Alexander Barber Bedgood Berry Brackin Brantley Brown, B. D. Brown, M. P. Carr Gates Chandler Colwell Conner Cook Dickinson Dixon Elliott Etheridge Fulford Funk Hale Hamilton Harrell
Harris, J. F. Harris, R. W. Hawkins Holder Hood Hull Irvin Johnson, B. Jones, C. M. Jones, G. Paul Knapp Knight Lambert Lane Lee, W. J. (Bill) Leonard Lowrey Maddox Marshall Mauldin Minge Mitchell NeSmith, J. D.
Newton, D. L. Pickard Richardson Sims Simkins Smith, V. T. Starnes Steis Stewart Sullivan Sweat Thompson, A. W. Townsend Tye Vaughan, D. N. Walling Ware Wells Westlake Williams, G. J. Wilson, R. W. Mr. Speaker
On the adoption of the amendment, the ayes were 44, nays 92.
1928
JOURNAL OP THE HOUSE,
The amendment was lost.
Mr. Barber of the 24th requested that he be recorded as having voted 'nay" on the amendment.
The report of the committee, which was favorable to the passage of the Bill, was agreed to.
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 Barber Barfield Bean Bedgood Bennett Black Blair Brinkley Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Clarke, H. G. Cook Cox Dailey Daugherty Dean DeLong Dillon Dorminy Drew Egan Elliott Parrar Fleming Floyd Fulford Funk
Gaissert Gary Gaynor Gignilliat Grahl Grier Harris, J. F. Harris, J. R. Harris, R. W. Herndon Higginbotham Hill Holder Howell Hull Hutchinson Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H.
Kiley Knapp Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovett Lowrey Malone Matthews, C. Matthews, D. R. McClatchey McCracken
Melton Merritt Moore, Don C. Moore, J. H. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Phillips Powers Rainey Reid Roach Rowland Russell
Savage Sims Smith, G. L. II Smith, W. L. Spikes Spillers Starnes Steis Stewart
Story Stovall Taylor Thomas Thompson, R. Townsend
TUESDAY, FEBRUARY 15, 1966
1929
Tucker Tye Vaughan, D. N. Vaughn, C. R.
Walling Ware Watson Westlake
Wiggins Williams, W. M. Wood
Those voting in the negative were Messrs.
Abney Blalock Brown, C. Chandler Clark, J. T. Collins, J. F. Conger Crowe Davis Dixon Dollar Doster
Dunean Evensen Hadaway Harrington Harrison Henderson Hood Houston Howard
Jordan, Ben C. Land Lovell
McDaniell Mixon Murphy Parrish Peterson Richardson Rush Sherman Smith, J. R. Stalnaker Webb Wilson, J. M.
Those not voting were Messrs.:
Adams Alexander Berry Bo wen Brackin Brantley Brown, B. D. Brown, M. P. Collins, M. Colwell Conner Dickinson Etheridge Hale Hamilton Harrell Hawkins
Irvin Johnson, A. S. Dr. Johnson, B. Knight Lambert Lane Leonard Maddox Marshall Mauldin Minge Mitchell NeSmith, J. D. Newton, D. L. Pickard Reaves Ross
Shields Simkins Smith, A. B. Smith, V. T. Snellings Snow Sullivan
Sweat Thompson, A. W. Underwood Watkins Wells Williams, G. J. Wilson, R. W. Mr. Speaker
On the passage of the Bill, the ayes were 119, nays 36.
The Bill, having received the requisite constitutional majority, was passed.
SB 178. By Senators Gillis of the 20th, Gayner of the 5th and others:
A Bill to be entitled an Act to amend Code Section 34-1006 so as to pro vide the time for qualifying by candidates in primaries; and for other purposes.
1930
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.:
Adams Alexander Anderson Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock Bo wen Brantley Brinkley Brown, B. D. Brown, C. Caldwell Carley Carnes Gates Chandler Clark, J. T. Collins, M. Cox Crowe Dailey Daugherty Davis Dean Dillon Dixon Dollar Dorminy Doster Drew Farrar Fleming
Floyd Funk Gary Grahl Grier Hadaway Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Herndon Holder Hood Houston Howell Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, M. Jordan, W. H. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Malone Matthews, C. McClatchey McCracken Merritt Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P.
Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford Parker Phillips Pickard Rainey E >^Ctn* Tv -Caoe Reid Roach Ross Rush Savage Shields Smith, G. L. II Smith, W. L. Snellings Spikes Spillers Stalnaker Steis Sweat Taylor Thomas Thompson, A. W. Thompson, R. Vaughan, D. N. Vaughn, C. R. Walling Ware Watson Wells Wiggins Wood
Those voting in the negative were Messrs.:
Bean Bryant Conger
DeLong Duncan Egan
Evensen Gaissert Gaynor
Gignilliat Henderson Higginbotham Hill Howard Jones, G. Paul Jordan, Ben C. Lambros Lea, F. R.
TUESDAY, FEBRUARY 15, 1966
1931
Maddox McDaniell Oglesby Paris Powers Richardson Russell Sherman Sims
Simkins Stovall Townsend Watkins Webb Westlake Williams, W. M. Wilson, J. M.
Those not voting were Messrs. :
Abney Alien Brackin Brown, M. P. Busbee Byrd Carr Clarke, H. G. Collins, J. F. Colwell Conner Cook Dickinson Elliott Etheridge Fulford Hale Hamilton Hawkins
Hull Irvin Jones, C. M. Kiley Knapp Knight Lambert Land Lane Leonard Lovell Lovett Lowrey Marshall
Matthews, D. R. Mauldin Melton Minge NeSmith, J. D.
Palmer Parrish Peterson Rowland Smith, A. B. Smith, J. R. Smith, V. T. Snow Starnes Stewart Story Sullivan Tucker Tye Underwood Williams, G. J. Wilson, R. W. Mr. Speaker
On the passage of the Bill, the ayes were 113, nays 35.
The Bill, having received the requisite constitutional majority, was passed.
HB 219. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend Code Section 84-409 so as to change the qualifications of an applicant for a master barber's certifi cate of registration; and for other purposes.
The following amendment was read and adopted:
Mr. Pickard of the 112th moves to amend HB 219 as follows:
By adding in the title before the words "to repeal conflicting laws" the words "to remove residence requirements"
1932
JOURNAL OF THE HOUSE,
By adding in Section 1 before words "so that when so amended said Code Section shall read as follows:" the words "and by striking the words "has been a resident of the State of Georgia for at least six (6) months."
By striking from 84-409 the words "has been a resident of the State of Georgia for at least six months"
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Anderson Bagby Barber Bean Berry Black Blair Bowen Brinkley Brown, B. D. Brown, C. Byrd Carley Carnes Gates Clark, J. T. Collins, J. P. Colwell Conger Cox Crowe Dailey Dean DeLong Dillon Dollar Dorminy Doster Drew Duncan Egan Evensen Fleming
Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hale Harris, J. R. Henderson Higginbotham Hill Holder Hood Houston Howard Howell Hull Hutchinson Jones, M. Kiley Lambros Land Lane Lea, F. R. Lee, W. S. Lewis Lovell Lowrey Matthews, C. McCracken Merritt Mitchell Mixon
Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Paris Parker Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Rowland Russell Savage Sherman Shields Sims Simkins Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis
TUESDAY, FEBRUARY 15, 1966
1933
Stovall Taylor Thompson, A. W. Thompson, R.
Tye Watkins Watson Webb
Wells Westlake Wiggins Wood
Those voting in the negative were Messrs.:
Blalock Brantley Davis Gary
Harrell Herndon Lee, W. J. (Bill)
Malone Thomas Williams, W. M.
Those not voting were Messrs.:
Alexander Alien Barfield Bedgood Bennett Brackin Brown, M. P. Bryant Busbee Caldwell Carr Chandler Clarke, H. G. Collins, M. Conner Cook Daugherty Dickinson Dixon Elliott Etheridge Farrar Floyd Hamilton Harrington Harris, J. F.
Harris, R. W. Harrison Hawkins Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knapp Knight Lambert Leonard Levitas Longino Lovett Maddox Marshall Matthews, D. R. Mauldin McClatchey McDaniell Melton Minge Moore, J. H.
NeSmith, J. D.
Palmer Parrish Ross Rush Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Stewart Story Sullivan Sweat Townsend Tucker Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 117, nays 10.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Speaker announced the House recessed until 1:30 o'clock this afternoon.
1934
JOURNAL OF THE HOUSE,
AFTERNOON SESSION
The Speaker called the House to order.
The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HB 503. By Messrs. Elliott of the 107th, Bryant of the 108th and others: A Bill to be entitled an Act to amend an Act establishing the City Court of Macon so as to provide for the establishment of a court probation office, and for other purposes.
The following Senate amendment was read:
The Senator Committee on County and Municipal Government moves to amend HB 503 as follows:
By inserting before the phrase "duties of said probation officer", as it appears in the title thereof, the words "for the rights, powers and".
Mr. Elliott of the 107th moves that the House agree to the Senate amendment. On the motion to agree, the ayes were 110, nays 0. The Senate amendment to HB 503 was agreed to.
HB 95. By Mr. Games of the 129th: A Bill to be entitled an Act to amend an Act authorizing group insurance for all regular county employees of Fulton County so as to change the provisions relative to the payment of premiums, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled, an act to amend an act authorizing the Com missioners of Roads and Revenues of Fulton County to provide any
TUESDAY, FEBRUARY 15, 1966
1935
type of Group Insurance for all Regular County Employees, approved February 4th 1952 (Georgia Laws 1952, page 2012), as amended by an act approved February 27th 1953, (Georgia Laws 1953 page 2774), as amended by an act approved February 8th 1955, (Georgia Laws 1955, page 2232), as amended by an act approved April 5th, 1961, (Georgia Laws 1961, page 2880), so as to require the Commissioners of Roads and Revenues of Fulton County to restore the right to continued equal Group Insurance benefits (with other participating Regular Employees) to participating regular County Employees who have attained the age of 65 years, or those who have retired; to provide for refunds of excess contributions; to repeal conflicting laws and for other purposes.
Be it enacted by the General Assembly of Georgia and is hereby enacted by the authority of the same, that the act approved Feb ruary 4th 1952 (Georgia Laws 1952, page 2012), as subsequently amended, which is an act authorizing the Commissioners of Roads and Revenues of Fulton County to provide for Regular Employees of said County any type of Group Insurance, subject to certain named limitations, is further amended as follows:
SECTION 1
The Commissioners of Roads and Revenues of Fulton County shall cause the restoration of the same benefits of Group Life, Hospital and Medical Insurance to Regular Employee participants who have attained the age of 65 years or have retired as are received by participating Regular County Employees under 65 years of age, said benefits of Group, Life, Hospital and Medical Insurance are to be restored retroactively to December 1st 1965.
SECTION 2
The Commissioners of Roads and Revenues may comply with the requirements of Section 1 of this amendment by effecting the amendment of the contract of Group Insurance entered into with the Continental Assurance Company under date of December 1st 1965; by causing the removal of the restrictions placed therein on the Group Life, Hospital and Medical B.enefits to Participating Regular County Employees who had attained the age of 65 years, and to Participating Regular County Employees who had retired. The Commissioners of Roads and Revenues may contract to cover the payment of any liability for the restored group insurance bene fits which may have arisen subsequent to December 1st 1965 and the date the liability for future coverage of all Regular County Par ticipants is effected.
SECTION 3
Any excess contributions which may have been exacted of any Participating Regular County Employee for Group Life Insurance Coverage shall be caused to be remitted from the County Treasury by the Commissioners of Roads and Revenue of Fulton County.
1936
JOURNAL OF THE HOUSE,
SECTION 4
All laws and parts of laws in conflict herewith are repealed.
SECTION 5
A copy of notice of intention to apply for this local legislation and an affidavit or certificate of the publisher showing the publica tion of such notice as required by law are hereby attached and made a part of this bill, and it is hereby declared that all the requirements of the constitution of Georgia relating to the publication of Notice of Intention to apply for passage of this local legislation have been complied with for the enactment.
Mr. McClatchey of the 138th moved that the House disagree to the Senate substitute.
The motion prevailed and the Senate substitute to HB 95 was disagreed to.
HB 68. By Messrs. Steis of the 100th, Jones of the 76th and others:
A Bill to be entitled an Act to amend an Act so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; and for other purposes.
The following Senate amendment was read:
The Senate Judiciary Committee moves to amend HB 68 as follows:
By striking from Section 1 the figure "$25,000.00" and inserting in lieu thereof the figure "$27,500.00".
By striking from Section 2 the figure "$25,000.00" and inserting in lieu thereof the figure "$27,500.00".
Mr. Floyd of the 7th moved that the House disagree to the Senate amendment.
The motion prevailed and the House disagreed to the Senate amendment to HB 68.
HB 356. By Messrs. McClatchey of the 138th, Brown of the 120th and others: A Bill to be entitled an Act to amend an Act providing that cities of a certain population shall furnish pensions to all officers and employees of such cities, and for other purposes.
TUESDAY, FEBRUARY 15, 1966
1937
The following Senate amendment was read:
The Senate Committee on County and Municipal Government moves to amend HB 356 as follows:
By striking from the title the words "to repeal conflicting laws;" and inserting in lieu thereof the following:
"to provide additional pension benefits; to provide for the extension of the time for making application for certain credits; to provide an effective date; to repeal conflicting laws;".
By adding a new sentence at the end of Section 1 to read as follows:
"The additional benefits provided by this section shall be limited to eligible persons who are more than sixty-five years of age or who may hereafter attain that age."
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows:
"Section 2. By striking Section 2 of an Act approved April 8, 1965 (Ga. Laws 1965, p. 3399), which was an amendment to the Act set forth in the caption to this Act, and enacting in lieu thereof the following:
'Section 2. Any person entitled to the credits for service herein au thorized shall make application for the credit within the period of time from the date of the approval of this Act until June 30, 1966.' "
By striking Section 3 in its entirety and inserting in lieu thereof a new Section 3, to read as follows:
"Section 3. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor or its otherwise becoming law."
Mr. McClatchey of the 138th 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 356 was agreed to.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
1938
JOURNAL OF THE HOUSE,
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following bill of the House to-wit:
HB 95. By Mr. Carnes of the 129th:
A Bill to amend an Act authorized the Commissioners of Roads and Revenues of Fulton County to provide group insurance for all regular county employees, so as to change the provisions relative to the payment of premiums; and for other purposes.
The Senate insists on its position on the following Bill of the House to-wit:
HB 200. By Messrs. Hall, Abney and Snow of the 1st and others: A Bill to amend Code Chap. 9-1, relating to applicants for admission to the practice of law, so as to change the educational requirements for ap plicants; to provide for certain exceptions and exemptions from the educational requirements; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 200. By Messrs. Hale, Abney and Snow of the 1st and others:
A Bill to be entitled an Act to amend Code Chapter 9-1 so as to change the educational requirements for applicants for admission to the practice of law, and for other purposes.
Mr. Hale of the 1st moved that the House recede from its position in disagreeing to the Senate substitute to HB 200.
The motion prevailed and the House receded from its position.
The following Senate substitute was read:
A BILL TO BE ENTITLED
An Act to amend Code Chapter 9-1, relating to applicants for admission to the practice of law, as amended, particularly by an Act
TUESDAY, FEBRUARY 15, 1966
1939
approved February 15, 1952 (Ga. Laws 1952, p. 150), an Act approved February 15, 1952 (Ga. Laws 1952, p. 262), and an Act approved April 9, 1963 (Ga. Laws 1963, p. 458), so as to change the educational require ments for applicants for admission to the practice of law; to provide for certain exceptions and exemptions from the educational requirements prescribed herein; to change the provisions relating to topics and subjects of the examination; to amend an Act providing for the holding of bar examinations, approved February 26, 1945 (Ga. Laws 1945, p. 151), as amended, particularly by an Act approved April 2, 1963 (Ga. Laws 1963, p. 293, so as to provide that there shall be not less than two examinations each calendar year; 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 Chapter 9-1, relating to applicants for admission to the practice of law, as amended, particularly by an Act approved February 15, 1952 (Ga. Laws 1952, p. 150), an Act approved February 15, 1952 (Ga. Laws 1952, p. 262), and an Act approved April 9, 1963 (Ga. Laws 1963, p. 458), is hereby amended by striking in its entirety subparagraph (b) of Code Section 9-103, relating to the qualifications of applicants for admission to the practice of law, and inserting in lieu thereof a new subparagraph (b) to read as follows:
"(b) The educational requirements of this section and chapter are as follows:
"(i) Two (2) years of college study, with credits sufficient to qualify for admission to the junior class of the University of Georgia at Athens or of one of the senior colleges of the University System of Georgia, or the substantial equivalent of such college study in point of intellectual competency and achievement as demonstrated by examination in the following subjects: English Composition, American and English History and Social Sciences, and Basic Mathematics. The Justices of the Supreme Court shall make provision by rule for the giving of equivalency examinations not less frequently than once each calendar year and shall have full power to determine and fix by rule the type of examinations to be given, the method of conducting and grading such examina tions, the fees to be charged therefor, and all other matters relating thereto; and
"(ii) The successful completion of the requirements of a law school for a professional degree in law (LL.B. or its equivalent) involving regular classroom attendance over a period of not less than three school years;
"(iii) Provided, however, that nothing contained in this subparagraph (b) shall apply to or affect anyone who, on the effective date of this amendment, is a high school graduate and has successfully completed the requirements of a law school for a professional degree in law (LL.B. or its equivalent), involving regular classroom attendance over a period of not less than two school years; and provided further, the provisions of subparagraph
1940
JOURNAL OF THE HOUSE,
(b) (i) shall not apply to anyone who has previously unsuccessfully taken the examination for admission to the practice of law pre scribed by this Chapter, nor shall it apply to any high school gradu ates who are, at the time of the effective date of this amendment, regularly enrolled in a law school, or who, at such time, are bona fide engaged in the study of law in the office of one or more active members of the State Bar of Georgia or under such practitioner's tutelage; and provided, further, the provisions of subparagraph (b) (ii) shall not apply to anyone who, at the time of the effective date of this amendment, is regularly enrolled as a student in a law school, and any such person shall be allowed to take the examination for admission to practice law at any time after he has completed the requirements necessary for 2 academic years in said law school and before July 1, 1969. Any person claiming the exemptions from the application of this subparagraph (b) must file in writing, within ninety days of the effective date of this amendment, with the Board of Bar Examiners, in such form as the Board may require, a claim asserting such exempted status."
Section 2. Said Chapter is further amended by adding thereto Code Section 9-110 to read as follows:
"9-110. Topics and subjects of the examination.------The applicant must be examined touching his knowledge of such subjects pertaining to the practice of law and pertaining to his qualifications for admission to the practice of law as may seem advisable to the Board of Bar Ex aminers; also, touching his knowledge of:
(1) The principles of the common law and statutes of England, of force in this State;
(2) The law of pleading and evidence; (3) The principles of equity;
(4) The Code of this State, the Constitutions of the United States and of this State, and the rules of practice in the Supreme Court of Georgia, the Court of Appeals of Georgia and the superior courts of this State.
"Provided that no question on any bar examination shall be framed so as to require the applicant to include as part of his answer the title or the name of the author of any book, or the style or citation of any decision."
Section 3. An Act providing for the holding of bar examinations, approved February 26, 1945 (Ga. Laws 1945, p. 151), as amended, particularly by an Act approved April 2, 1963 (Ga. Laws 1963, p. 293), is hereby amended by striking from Section 1 the following:
"provided, that nothing in this Act shall be construed as limiting applicants for admission to the Bar to college trained per sons. There shall be held not less than two such examinations during
TUESDAY, FEBRUARY 15, 1966
1941
each calendar year, the dates of which shall be fixed by the Justices of the Supreme Court, except that in the year 1963, the two exami nations shall be held as previously provided in this section.",
and inserting in lieu thereof the following:
"provided, that nothing in this Act shall be construed as limiting applicants for admission to the Bar to college, trained persons, except as provided by law. There shall be held not less than two such examinations during each calendar year, the date or dates of which shall be fixed by the Justices of the Supreme Court."
so that when so amended Section 1 shall read as follows:
"Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act, the Justices of the Supreme Court shall be authorized to make and adopt rules as to the making of application to take examination and as to the time, manner and places of holding examinations for admission to the Bar of this State and are hereby specifically authorized to provide for the holding of said examinations under the supervision of the Board of Bar Examiners at not more than three cities, under such rules and regulations as may be prescribed by them, and may provide for said examination to be held over such period of days as in their judgment shall be fair to the applicant for examination, provided, that nothing in this Act shall be construed as limiting applicants for admission to the Bar to college trained persons, except as provided by law. There shall be held not less than two such examinations during each calendar year, the date or dates of which s'hall be fixed by the Justices of the Supreme Court."
Section 4. This Act shall become effective on May 1, 1966, and shall apply to all examinations given after that date.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment to the Senate substitute was read and adopted:
Mr. Hale of the 1st moves to amend the Senate Substitute to HB 200 by striking from Line 10 of Section 1 Sub-paragraph (b) (111) the words and figures "subparagraph (b) (1)" and inserting in lieu thereof the words and figures "subparagraph (b)".
Mr. Hale of the 1st moved that the House agree to the Senate substitute, as amended by the House, to HB 200.
On the motion, the roll call was ordered and the vote was as follows:
1942
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Bagby Barber Bedgood Bennett Berry Black Blair Bowen Brackin Brantley Brinkley Brown, C. Bryant Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Cox Crowe Dailey Davis DeLong Dickinson Dillon Dixon Drew Duncan Egan Evensen Floyd Fulford Funk Gaissert Gaynor Gignilliat Hadaway
Hale Hamilton Harrell Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Howard Howell Hutchinson Irvin Johnson, A. S. Dr. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. McCracken McDaniell Melton Merritt Mitchell Mixon Moore, Don C. NeSmith, J. D. Nessmith, P. Newton, A. S.
Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reid Richardson Roach Ross Rowland Sherman Shields Smith, A. B. Smith, G. L. II Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Stewart Stovall Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Watson Webb Wiggins Williams, W. M. Wilson, R. W.
Those not voting were Messrs.:
Alexander Barfield Bean
Blalock Brown, B. D. Brown, M. P.
Busbee Colwell Conger
Conner Cook Daugherty Dean Dollar Dorminy Doster Elliott Etheridge Farrar Fleming Gary Grahl Grier Harrington Holder Hood Houston Hull
TUESDAY, FEBRUARY 15, 1966
1943
Johnson, B. Jones, C. M. Knight Lambert Lambros Leonard Lovell Lovett Mauldin McClatchey Minge Moore, J. H. Murphy Pickard Rainey Reaves Rush Russell Savage
Sims Simkins Smith, J. R. Smith, V. T. Stalnaker Story Sullivan Sweat Townsend Walling Ware Watkins Wells Westlake Williams, G. J. Wilson, J. M. Wood Mr. Speaker
On the motion, the ayes were 139, nays 0.
The Senate substitute, as amended by the House, to HB 200 was agreed to.
Mr. Drew of the 116th arose to a point of personal privilege and addressed the House.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to-wit:
HB 356. By Messrs. McClatchey of the 138th, Brown of the 120th and others:
A Bill to amend the Act approved August 20, 1927 to provide that cities having a population of more than 150,000 shall furnish pensions to all officers and employees of such cities, so as to provide additional pension benefits to former officers and employees who have been awarded pensions under the terms of this Act; and for other purposes.
The Senate insists on its position to the following Bill of the House to-wit:
1944
JOURNAL OF THE HOUSE,
HB 6. By Messrs. Hull of the 104th, Conger of the 89th and others:
A Bill to comprehensively revise, supersede, and modernize pretrial, trial and certain posttrial procedures in civil cases; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 6. By Messrs. Hull of the 104th, Murphy of the 26th and others:
A Bill to be entitled an Act to revise pretrial, trial and certain posttrial procedures in civil cases, and for other purposes.
Mr. Harris of the 85th moved the House insist on its position in disagreeing to the Senate amendment and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate.
The motion prevailed and the Speaker appointed as a Committee of Con ference on the part of the House the following members: Messrs. Harris of the 85th, Walling of the 118th and Murphy of the 26th.
Under the general order of business established by the Committee on Eules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 243. By Mr. Hull of the 104th:
A Bill to be entitled an Act to revise the laws relating to subpoenas, and for other purposes.
The following Committee amendment was read and adopted:
The Judiciary Committee moves to amend HB 243 as follows:
By inserting in Section 1 (b) in the third line, following the word :'upon", the word "written".
By striking from Section 1 (c) in the fourth and fifth lines, the words "issued by the United States post office".
By inserting in Section 1 (f) in the fourth line, after the word "time", the words "but in any event not less than twenty-four (24) hours".
TUESDAY, FEBRUARY 15, 1966
1945
By striking in Section 1 (f) in the tenth line after the word "before", the word "trial", and substituting in lieu thereof the words "appearance is required".
By adding in Section 3 a new subparagraph (j) as follows:
"(j) Code Sections 38-1902 and 38-1903, relating to subpoenas and fees in criminal cases."
The following amendment was read and adopted:
Mr. Murphy of the 26th moves to amend HB 243 as follows:
By striking from Section 1, subsection (c) the words "who is not a party and is".
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 Bagby Barber Bedgood Bennett Berry Black Blair Blalock Brantley Brinkley Bryant Busbee Byrd Carley Chandler Clark, J. T. Collins, M. Conger Crowe Dailey Davis DeLong
Dixon Dollar Doster Drew Duncan Egan Elliott Evensen Farrar Fleming Funk Gaissert Gaynor Gignilliat Grahl Hadaway Hale Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Higginbotham
Holder Howard Howell Hull Hutchinson Johnson, A. S. Dr. Jones, G. Paul Jordan, W. H. Knapp Lambert Lee, W. S. Levitas Lewis Lovett Malone Marshall Matthews, C. Matthews, D. R. Melton Merritt Mixon Moore, Don C. Moore, J. H. Murphy
1946
NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Pickard Powers Rainey Reaves Reid Richardson
JOURNAL OP THE HOUSE,
Roach Ross Russell Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Steis Stewart Stovall Sweat
Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Adams Alexander Anderson Barfield Bean Bo wen Brackin Brown, B. D. Brown, C. Brown, M. P. Caldwell Games Carr Gates Clarke, H. G. Collins, J. P. Colwell Conner Cook Cox Daugherty Dean Dickinson Dillon Dorminy Etheridge
Floyd Fulford Gary Grier Hamilton Harrell Harris, R. W. Henderson Hill Hood Houston Irvin Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Knight Lambros Land Lane Lea, P. R. Lee, W. J. (Bill) Leonard Longino Lovell
Lowrey Maddox Mauldin McClatchey McCracken McDaniell Minge Mitchell Nessmith, P. Phillips Rowland Rush Smith, A. B. Smith, J. R. Smith, V. T. Starnes Story Sullivan Tye Underwood Ware Watkins Wells Wilson, J. M Mr. Speaker
On the passage of the Bill, as amended, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
TUESDAY, FEBRUARY 15, 1966
1947
HR 111-196. By Mr. Barber of the 24th:
A Resolution creating the Alcohol Education 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 Alien Anderson Barber Barfield Bedgood Bennett Black Blair Blalock Bowen Brackin Brantley Bryant Carley Carnes Carr Gates Chandler Crowe Dailey Davis Dixon Dorminy Drew Duncan Evensen Floyd Funk Gaissert Gaynor Gignilliat Hadaway Hamilton Harrell Harris, J. F. Harris, J. R. Harrison Henderson
Higginbotham Howard Howell Hutchinson Irvin Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kiley Knapp Land Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lowrey Malone Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt Mitchell Mixon Moore, Don C. NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Parker Parrish
Peterson Powers Reaves Richardson Roach Ross Rowland Savage Sherman Smith, A. B. Smith, G. L. II Smith, J. R. Smith, W. L. Snow Spillers Starnes Steis Stewart Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling
Webb Wells Westlake Williams, G. J. Williams, W. M. Wilson, J. M.
Wood
1948
JOURNAL OP THE HOUSE,
Those not voting were Messrs.:
Adams Alexander Bagby Bean Berry Brinkley Brown, B. D. Brown, C. Brown, M. P. Busbee Caldwell Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Colwell Conger Conner Cook Cox Daugherty Dean DeLong Dickinson Dillon Dollar Doster Egan Elliott
Etheridge Parrar Fleming Pulford Gary Grahl Grier Hale Harrington Harris, R. W. Hawkins Herndon Hill Holder Hood Houston Hull Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Knight Lambert Lambros Lane Lea, P. R. Le vitas Lovett Maddox
Marshall McClatchey McDaniell Minge Moore, J. H. Murphy Nessmith, P. Paris Phillips Pickard Rainey Reid Rush Russell Shields Sims Simkins Smith, V. T. Snellings Spikes Stalnaker Story Townsend Ware Watkins Watson Wiggins Wilson Mr. Speaker
On the adoption of the Resolution, the ayes were 117, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 309-709. By Mr. Chandler of the 47th:
A Resolution authorizing the acceptance of the bid of Sonoco Products Company to lease 1.22 acres of State-owned property in Pulton County, and for other purposes.
The House was resolved into a Committee of the Whole to consider HR 309709 and the Speaker appointed Mr. Chandler of the 47th as the Chairman thereof.
The Committee of the Whole arose and through its Chairman reported HR 309-709 back to the House with the recommendation that the same "Do Pass".
TUESDAY, FEBRUARY 15, 1966
1949
The report of the Committee, which was favorable to the adoption of the Resolution, v/as agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brinkley Brown, B. D. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Clark, J. T. Collins, J. P. Collins, M. Colwell Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Duncan Evensen
Floyd Fulford Gaissert Gary Gignilliat Grahl Grier Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham Hill Hood Howard Howell Hutchinson Johnson, A. S. Dr. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Land Lane Lea, F. R. Lee, W. S. Leonard Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. McClatchey McCracken McDaniell
Melton Merritt Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rowland Rush Russell Savage Sherman Shields Sims Smith, A. B. Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall
1950
JOURNAL OP THE HOUSE,
Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R.
Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Watson
Wells Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bean Bowen Brackin Brantley Brown, C.
Brown, M. P. Clarke, H. G. Conger Conner Cook Drew Egan
Elliott Etheridge Farrar Fleming Funk Gaynor
Hale Harrell Harris, R. W. Holder Houston
Hull Irvin Johnson, B. Jones, C. M. Jones, G. Paul Knight Lambros
Lee, W. J. (Bill) Levitas Lovett Maddox Matthews, D. R. Mauldin
Minge Mitchell Parrish Pickard Rainey
Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Snow Townsend Walling
Ware Watkins Webb Westlake Wilson, J. M. 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. Brown of the 120th requested that he be recorded as having voted "aye" on the adoption of the Resolution.
SB 55. By Senator Bowing of the 1st:
A Bill to be entitled an Act to require the identification of the registry of all ships, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as
follows:
i
TUESDAY, FEBRUARY 15, 1966
1951
Those voting in the affirmative were Messrs.
Adams Alexander Alien Anderson Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Clark, J. T. Collins, J. F. Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dorminy Doster Drew Duncan Elliott Evensen Farrar Fleming Floyd Fulford Funk Gaissert
Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F.
Harris, J. R. Harrison Hawkins Henderson
Herndon Higginbotham Hill Hood Houston Howell Hutchinson Johnson, A. S. Dr.
Kiley Knapp Land Lane Lea, F. R. Lee, W. S. Leonard Le vitas Lewis Lovell Maddox Marshall Matthews, C. McClatchey McCracken McDaniell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby
Pafford Palmer Paris Parker Peterson Phillips Powers Rainey Reaves Reid Richardson Ross Rowland
Rush Russell Savage Sherman Shields Sims Smith, A. B. Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins
Watson Webb Westlake Wiggins
Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Bean
Bowen Brantley
Brown, C. Brown, M. P.
1952
Clarke, H. G. Collins, M. Colwell Conger Conner Cook Dollar Egan Etheridge Hale Harris, R. W. Holder Howard Hull Irvin Johnson, B. Jones, C. M. Jones, G. Paul
JOURNAL OF THE HOUSE,
Jones, M. Jordan, Ben C. Jordan, W. H. Knight Lambert Lambros Lee, W. J. (Bill) Longino Lovett Lowrey Malone Matthews, D. R. Mauldin Melton Merritt Minge Mitchell Newton, D. L.
Parrish Pickard Roach Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Snow Stewart Sullivan Tucker Underwood Ware Wells Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 114. By Senators Webb of the llth and Jackson of the 16th: A Bill to be entitled an Act to amend Code Section 84-1008 so as to provide for an additional method of qualifying for registration as a graduate nurse, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 Alexander Alien Anderson Barber Barfield Bedgood Bennett Berry
Black Blair Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C.
Busbee Byrd Carley Carr Chandler Collins, J. P. Collins, M. Colwell Conner
TUESDAY, FEBRUARY 15, 1966
1953
Crowe Dailey Daugherty Davis Dean Dickinson Dixon Dorminy Doster Duncan Elliott Etheridge Evensen Farrar
Floyd Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hamilton Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Higginbotham Hill Hood Howard Howell Hutchinson Irvin Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight
Lambert Land Lea, F. R. Lee, W. S. Levitas Lewis Lovell Lovett Lowrey Maddox M alone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Phillips Powers Reaves Reid Richardson Roach
Ross Rowland Rush Russell Savage Shields Sims Smith, A. B. Smith, G. L. II Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Town send Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Wells Westlake Williams, G. J. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs. :
Adams Bagby Bean Brown, M. P. Bryant Caldwell Games Gates
Clarke, H. G. Clark, J. T. Conger Cook Cox DeLong Dillon Dollar
Drew Egan Fleming Gary Hadaway Hale Harrell
Harris, R. W.
1954
JOURNAL OF THE HOUSE,
Herndon Holder Houston Hull Johnson, Dr. A. S. Johnson, B. Jones, C. M. Lambros Lane
Lee, W. S. (Bill) Leonard Longino Minge Nessmith, P. Peterson Pickard Rainey Sherman
Simkins Smith, J. R. Smith, V. T. Snellings Tucker Wiggins Williams, W. M. Mr. Speaker
On the passage of the Bill, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 199. By Senator Downing of the 1st:
A Bill to be entitled an Act to amend Code Section 40-804 so as to provide that the Secretary of State may establish a branch depository for 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 and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alexander Alien Anderson Bagby Barber Barfield Bedgood Bennett Berry
Black Blair Blalock Bowen Brinkley Brown, B. D. Brown, C. Bryant Byrd
Carley Carr Gates Clark, J. T. Collins, J. P. Collins, M. Colwell Conger Crowe
Dailey Daugherty Davis Dean DeLong Dickinson Dollar Dorminy Doster
Drew Elliott Etheridge Evensen Farrar Fleming Fulford Funk Gaissert
Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrington Harris, J. F.
TUESDAY, FEBRUARY 15, 1966
1955
Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham Hill Hood Howell Hull Hutchinson Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Land Lane Lea, F. R. Leonard Lewis Longino Lovell Lovett Lowrey Malone Marshall Matthews, C.
Mauldin McClatchey McCracken McDaniell Melton Merritt Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rowland Rush
Russell Savage Sherman Sims Simkins Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Taylor Thomas Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Ware Watson Wells Westlake Wiggins Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs. :
Abney Adams Bean Brackin Brantley Brown, M. P. Busbee Caldwell Carnes Chandler Clarke, H. G. Conner Cook Cox Dillon Dixon Duncan
Egan Floyd Hale Harrell Harris, R. W. Holder Houston Howard Johnson, Dr. A. S. Knight Lambros Lee, W. J. (Bill) Lee, W. S. Levitas Maddox Matthews, D. R. Minge
Odom Pickard Rainey Shields Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Sweat Thompson, A. W. Townsend Walling Watkins Webb Williams, G. J. Mr. Speaker
On the passage of the Bill, the ayes were 153, nays 0.
1956
JOUENAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
SB 133. By Senators Webb of the llth and Jackson of the 16th:
A Bill to be entitled an Act to amend an Act establishing a merit system of personnel administration for state employees, as amended, so as to authorize the State Highway Department to extend merit system coverage to employees in the State Highway Department not presently covered under said 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 . follows:
Those voting in the affirmative were Messrs.
Abney Alien Anderson Barber Barfield Bedgood Bennett Berry Black Blair Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley Carnes Carr Clark, J. T. Collins, J. F. Collins, M. Colwell Crowe Dailey Davis Dean
DeLong Dickinson Dixon Dorminy
Doster Drew Duncan Elliott Etheridge Evensen Farrar Floyd Fulford Funk Gaissert Gary Gaynor Grahl Grier Hadaway Hamilton Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham Hill Hood Howard Howell
Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambert Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lovell Lovett Maddox Malone Marshall Matthews, C. Matthews, D. R. McClatchey McCracken McDaniell Melton Merritt Mitchell
Mixon Moore, Don C. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Roach Ross Rowland
TUESDAY, FEBRUARY 15, 1966
1957
Rush Russell Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat
Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Wells Westlake Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Adams Alexander Bagby Bean Brown, M. P. Gates Chandler Clarke, H. G. Conger Conner Cook Cox Daugherty Dillon Dollar Egan
Fleming Gignilliat Hale Harrell Harrington Harris, R. W. Holder Houston Hull Jones, C. M. Lambros Lane Longino Lowrey Mauldin Minge
Moore, J. H. Murphy Otwell Pickard Rainey Reid Richardson Smith, A. B. Smith, J. R. Smith, V. T. Underwood Wiggins Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 158, nays 0.
The Bill, having received the requisite constitutionaol majority, was passed.
SB 138. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act entitled the "Motor Vehicle Certificate of Title Act", as amended, so as to provide for the destruction of certain motor vehicle manufacturers' serial plates and
1958
JOURNAL OF THE HOUSE,
the admissibility in evidence of records reflecting the destruction of such plates; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 Barfield Bedgood Bennett Berry Black Blair Blalock Bowen Brackin Brantley Brinkley Brown, C. Bryant Busbee Byrd Caldwell Carley Games Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Cook Crowe Dailey Davis Dean Dickinson Dillon Dixon Dollar
Dorminy Doster Drew Duncan Egan Elliott Etheridge Evensen Floyd Fulford Funk Gaissert Gary Gaynor Grahl Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harrison Herndon Higginbotham Hill Hood Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jordan, Ben C. Kiley Knapp Knight Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard
Lewis Lovell Lovett M alone Marshall McClatchey McCrackcn McDaniell Melton Merritt Mitchell Mixon Moore, Don C. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Paris Parker Parrish Peterson Phillips Powers Reaves Richardson Roach Rush Russell Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, W. L.
Snow Spikes Spillers Stalnaker Starnes Stewart Story Stovall Sullivan Sweat
TUESDAY, FEBRUARY 15, 1966
1959
Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling
Ware Watson Webb Wells Westlake William, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Adams Alexander Bean Brown, B. D. Brown, M. P. Conger Conner Cox Daugherty DeLong Parrar Fleming Gignilliat Harris, J. R. Harris, R. W. Hawkins Henderson Holder Houston
Howard Howell Hull Johnson, B. Jones, C. M. Jones, M. Jordan, W. H. Lambert Lambros Lane Levitas Longino Lowrey Maddox Matthews, C. Matthews, D. R. Mauldin Minge Moore, J. H.
Murphy Palmer Pickard Rainey Reid Ross Rowland Smith, A. B. Smith, J. R. Smith, V. T. Snellings Steis Underwood Watkins Wiggins Wilson Mr. Speaker
On the passage of the Bill, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 67. By Senators Webb of the llth, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A Bill to be entitled an Act to amend an Act creating the Peace Offi cers' Annuity and Benefit Fund, as amended, so as to provide for penalties and interest on funds to be remitted to the Board of Com missioners; to provide when said funds shall be delinquent; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
1960
JOURNAL OF THE HOUSE,
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock Bowen Brackin Brantley Brinkley Brown, C. Busbee Byrd Caldwell Carley Games Carr Chandler Colwell Cook Cox Crowe Dailey Daugherty Davis Dean Dickinson Dillon Dixon Doster Drew Duncan Egan Elliott Etheridge Even sen Farrar Fleming Floyd Fulford Funk Gaissert Gary Grahl
Grier Hadaway Hale Hamilton Harrington Harris, J. F. Harris, J. R. Hawkins Higginbotham Hill Hood Howard Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Knight Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Lovell Maddox Malone Marshall Matherws, C. Mauldin McClatchey McDaniell Melton Merritt Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford
Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Richardson Roach Rush Russell Savage Sherman Shields Simkins Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watson Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
TUESDAY, FEBRUARY 15, 1966
1961
Those not voting were Messrs.:
Alien Anderson Bean Brown, B. D. Brown, M. P. Bryant Gates Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Conger Conner DeLong Dollar Dorminy Gaynor Gignilliat Harrell
Harris, R. W. Harrison Henderson Herndon Holder Houston Howell Hull Irvin Jones, C. M. Jordan, W. H. Lambert Lambros Lane Leonard Levitas Longino Lovett Lowrey
Matthews, D. R. McCracken Minge Pickard Rainey Reid Ross Rowland Sims Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Underwood Watkins Webb Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 80. By Senator Fincher of the 51st:
A Bill to be entitled an Act to amend an Act relating to the dispensing oi certain dangerous drugs, as amended; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Barber Barfield Bedgood Bennett Berry
Black Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Bryant
Busbee Carley Games Carr Gates Chandler Collins, M. Colwell Conner
1962
Cook Cox Crowe Dailey Daugherty Davis DeLong Dillon Dixon Drew Duncan Egan Etheridge Evensen Farrar Fulford Funk Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Higginbotham Hill Hood Houston Howard Hutchinson Jones, C. M.
JOURNAL OF THE HOUSE,
Jones, G. Paul Jordan, Ben C. Kiley Knapp Knight Land Lane Lea, F. R. Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell Merritt Mitchell Mixon Newton, D. L. Odom Oglesby Otwell Pafford Palmer Parrish Peterson Phillips Powers
Rainey Reaves Reid Roach Ross Rowland Rush Russell Savage Sherman Sims Simkins Smith, W. L. Snellings Snow Spillers Stalnaker Steis Story Stovall Sullivan Sweat Taylor Thompson, A. W. Thompson, R. Townsend Tucker Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Westlake Wilson
Those voting in the negative were Messrs.
Fleming Irvin Johnson, Dr. A. S. Jones, M. Minge
Moore, Don C. Murphy Overby Paris Shields
Starnes Thomas Williams, W. M.
Those not voting were Messrs.:
Anderson Baghy Bean Bowen Brown, M. P. Byrd, J. T.
Caldwell Clarke, H. G. Clark, J. T. Collins, J. F. Conger Dean
Dickinson Dollar Dorminy Doster Elliott Floyd
Gaissert Gary Hale Harrell Harris, R. W. Henderson Holder Howell Hull Johnson, B. Jordan, W. H. Lambert Lambros
TUESDAY, FEBRUARY 15, 1966
1963
Lee, W. J. (Bill ) Leonard Matthews, D. R. Melton Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Parker Pickard Richardson Smith, A. B. Smith, G. L. II
Smith, J. R. Smith, V. T. Spikes Stewart Tye Underwood Ware Wells Wiggins Williams, G. J. Wilson, J. M. Wood Mr. Speaker
On the passage of the Bill, the ayes were 134, nays 13.
The Bill, having received the requisite constitutional majority, was passed.
SB 100. By Senators Fincher of the 51st, Moore of the 31st and Fincher of the 54th:
A Bill to be entitled an Act to amend Code Section 84-1304, relating to the filling of vacancies on the Georgia State Board of Pharmacy; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bedgood Bennett Berry Black Blair
Blalock Brantley Brinkley Brown, B. D. Bryant Busbee Byrd Caldwell Carley Games Carr Gates Chandler
Clarke, H. G. Collins, M. Colwell Cox Crowe Dailey Daugherty Davis DeLong Dickinson Dillon Dixon Doster
1964
JOURNAL OF THE HOUSE,
Drew Duncan Egan Elliott Etheridge Evensen Farrar Fleming Floyd Fulford Funk
Gaissert Gary Gaynor Gignilliat Grahl Grier Hadawy Hale Hamilton Harrington Harris, J. F. Harrison Hawkins Henderson Hill Hood Hull Hutchinson Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Knight Land Lea, F. R.
Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Lovell Lowrey Maddox Malone Marshall Matthews, C. McClatchey McCracken McDaniell Melton Merritt Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reaves Richardson Roach
Ross Rowland Rush Russell Savage Sherman Simkins Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, C. R. Walling Ware Watson Webb Westlake Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bean Bowen Brackin Brown, C. Brown, M. P. Clark, J. T. Collins, J. F. Conger Conner Cook Dean Dollar Dorminy
Harrell Harris, J. R. Harris, R. W. Herndon Higginbotham Holder Houston Howard Howell Irvin Johnson, B. Jones, C. M. Jordan, W. H.
Lambert Lambros Lane Levitas Longino Lovett Matthews, D. R. Mauldin Minge Moore, J. H. Nessmith, P. Pickard Reid
TUESDAY, FEBRUARY 15, 1966
1965
Shields Sims Smith, A. B. Smith, G. L. II
Smith, J. R. Underwood Vaughan, D. N. Watkins
Wells Wiggins Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 88. By Senators Holley of the 22nd, Kidd of the 25th, Noble of the 19th and others:
A Bill to be entitled an Act to provide for the incorporation of regu lated certificated banks; and for other purposes.
By unanimous consent, further action on SB 88 was postponed until to morrow morning, February 16, 1966.
Mr. Busbee of the 79th moved that the House do now adjourn until 9:45 o'clock, tomorrow morning and the motion prevailed.
The Sepaker announced the House adjourned until 9:45 o'clock, tomorrow morning.
1966
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Wednesday, February 16, 1966
The House met pursuant to adjournment at 9:45 o'clock, A.M., this day and was called to order by the Speaker.
Prayer was offered by Rev. Edwin Cliburn, Pastor First Baptist Church, Thomaston, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, 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.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for Wednes day, February 16, 1966, and submits the following:
HB 123. Judge Superior Courts, funds HB 475. N.E. Judicial Circuit, additional Judge
WEDNESDAY, FEBRUARY 16, 1966
1967
HB 530.
HB 752.
HR 166-371.
HR 346-770.
HR 323-733.
SB
1.
SB
11.
SB
14.
SB
19.
SB
25.
SB
29.
SB
33.
SB
41.
SB
45.
SB
46.
SB
68.
SB
73.
SB
77.
SB
78.
SB
88.
SB
89.
SB
90.
SB
92.
SB
93.
SB
97.
SB
115.
SB
123.
SB
130.
Game and Pish Commission, purchase uniforms Alcoholic beverages, employ minor, unlawful Voter registration, residency School lunch, taxation Compensate Mr. Wilbur Kurtz Prima facie evidence, wagering stamp Educational Improvement Council, amend Bind by contract, age Municipal tax, alcoholic beverages Department of Public Safety, certain information Motor vehicles, larceny of Vehicle Parts Dealers, create County Health Boards, powers County Boards of Education, compensation Board of Cosmetology, amend Retirement, pension bills, when introduced Grants for medical facilities Board of Funeral Services, amend Funeral Service, pre-need contracts Certificated banks, incorporating Private banks, amend code Practice of Optometry, amend Day Care Centers Colonies of honeybees, inspection Campus policemen, Board of Regents Drawing of jurors, number Public schools, instruct conservation Compilation of tax returns
SB
135. Retirement System, public schools
SB
183. Fiscal Affairs Sub-Committee
SR
11. Public transportation, governmental function
SR
15. Farm and forest lands, assessment
The Speaker shall have the right to call the above Bills and Reso lutions in any order which he may desire.
Respectfully submitted, Busbee of 79th, Vice-Chairman.
1968
JOURNAL OF THE HOUSE,
By unanimous consent, the following Bills and Resolutions of the Senate were read the second time:
SR 62. By Senators Holloway of the 12th, Smalley of the 28th, Carter of the 14th and Tribble of the 3rd:
A Resolution authorizing the Georgia State Game and Fish Commission to stock the lakes and ponds owned by the State of Georgia and located within a State Park; and for other purposes.
SR 65. By Senator Holloway of the 12th:
A Resolution creating an interim committee to study all matters relat ing to the feasibility of establishing a state liaison office in Washington, D. C.; and for other purposes.
SR 70. By Senators Smith of the 18th, Adams of the 26th, Carter of the 14th and others:
A Resolution authorizing and directing the Georgia Ports Authority to execute a local assurer agreement with the United States Corps of Engi neers and the County of Chatham; and for other purposes.
SR 80. By Senator Webb of the llth:
A Resolution to create the Air Pollution Study Committee; and for other purposes.
SB 131. By Senator Ward of the 39th:
A Bill to be entitled an Act to amend Code Chapter 107-2, relating to the action of bail trover to recover personalty, so as to remove therefrom the procedure relative to the confinement of the defendant in the event security is not given by the defendant or the property is produced; and for other purposes.
SB 168. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th and others:
A Bill to be entitled an Act to amend an Act regulating the manufacture, sale, possession, etc., of narcotic drugs in the State of Georgia, so as to provide life imprisonment in lieu of the death penalty for the second or subsequent offense for selling or furnishing a minor with any narcotic drug; and for other purposes.
SB 182. By Senators Plunkett of the 30th, Coggin of the 35th and Broun of the 46th:
A Bill to be entitled an Act to provide for a method, in addition to existing methods, for the annexation of contiguous territory to incor-
WEDNESDAY, FEBRUARY 16, 1966
1969
porated municipalities upon the application of not less than 60% of the owners representing at least 60% of the land area included in such application; and for other purposes.
SR 64. By Senators Wesberry of the 37th, Sanders of the 41st, Coggin of the 35th, and others:
A Resolution to establish a local Government Commission in Atlanta, Fulton and DeKalb Counties for governments and providing greater efficiency and economy, etc.; and for other purposes.
SB 173. By Senators Carter of the 14th, and Rowan of the 8th: A Bill to be entitled an Act to amend an Act requiring the State Audi tor to establish an equalized adjusted school property tax digest; and for other purposes.
SB 216. 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 date of the election; and for other purposes.
SB 214. By Senator Eldridge of the 7th: 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.
SB 217. 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 date on which city taxes become due and payable; and for other purposes.
SB 234. By Senators Wesberry of the 37th, Thompson of the 34th, Coggin of the 35th 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 cer tain counties the minimum interest payment shall be one dollar; and for other purposes.
SB 236. By Senators Holley of the 22nd and Padgett of the 23rd:
A Bill to be entitled an Act to amend an Act establishing and creating a municipal court in and for the City of Augusta, so as to change the compensation of certain officers and personnel of said court; and for other purposes.
1970
JOURNAL OP THE HOUSE,
SB 237. By Senator Webb of the llth:
A Bill to be entitled an Act to fix, allow and provide for the compensa tion of the Sheriff of Miller County; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to-wit:
SB 210. By Senators Gillis of the 20th and Smith of the 18th: A Bill to amend an Act creating the Department of Commerce, approved Feb. 7, 1949 (Ga. L. 1949, p. 249), as amended, particularly by an Act approved March 6, 1962 (Ga. L. 1962, p. 694), so as to authorize the publicizing of the State of Georgia; to repeal conflicting laws; and for other purposes.
SR 39. By Senator Fincher of the 51st: A Resolution proposing an amendment to the Constitution so as to change the provisions relating to elections for the members of the Cherokee County Board of Education and to change the provisions relating to the filling of vacancies on the Cherokee County Board of Education; and for other purposes.
SR 47. By Senator Yancey of the 33rd: A Resolution proposing an amendment to the Constitution so as to provide that the members of the Board of Education of Cobb County shall be elected in the same manner as county officers; and for other purposes.
SR 67. By Senator Owens of the 49th: A Resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the county school superintendent of Lumpkin County by the board of education of Lumpkin County; and for other purposes.
SR 81. By Senator Owens of the 49th: A Resolution proposing an amendment to the Constitution so as to provide for four year terms for members of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
WEDNESDAY, FEBRUARY 16, 1966
1971
SB 169. By Senators Edenfield of the 4th, Kilpatrick of the 44th and others:
A Bill to amend Code Title 26 relating to crimes and punishments, as amended, so as to provide life imprisonment in lieu of the death pen alty for certain crimes; and for other purposes.
SB 231. By Senator Downing of the 1st:
A Bill to amend Code Sec. 88-111 of the Georgia Health Code, relating to the purposes for which the funds of the Department of Public Health may be used, so as to provide that such funds may be used for the correction of physical defects and disfigurements to the human anatomy; and for other purposes.
SR 74. By Senators Broun of the 46th, Carter of the 14th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to appropriate funds to the State Scholarship Commission for the purpose of being used to obtain funds from the Federal Government; and for other purposes.
SR 79. By Senator Ballew of the 50th:
A Resolution proposing an amendment to the Constitution so as to create the City of Jasper Industrial Development Authority; and for other purposes.
SR 66. By Senator Moore of the 31st:
A Resolution proposing an amendment to the Constitution so as to create the Polk School District by merging the county school system of Polk County and the independent school system of the City of Cedartown; and for other purposes.
The Senate has adopted as amended by the requisite constitutional majority the following Resolutions of the House to-wit:
HR 273-596. By Messrs. Land and Nessmith of the 64th:
A Resolution proposing an amendment to the Constitution so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Statesboro and Bulloch County Develop ment Authority; and for other purposes.
HR 42-55. By Mr. Johnson of the 25th:
A Resolution proposing an amendment to the Constitution so as to create the Elbert County Development Authority; and for other pur poses.
1972
JOURNAL OF THE HOUSE,
HR 164-364. By Messrs. Pickard, Jones and Brinkley of the 112th and others:
A Resolution proposing an amendment to the Constitution so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Columbus and Muscogee County Building Commission; and for other purposes.
HR 200-423. By Messrs. Harris, Farrar, Walling and Levitas of the 118th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues of DeKalb County to provide systems of garbage disposal; and for other purposes.
The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House to-wit:
HR 34-48. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Resolution proposing an amendment to the Constitution so as to pro vide a method whereby the manner of electing or appointing members of county boards of education and superintendent of schools may be changed by local or special law and local referendum; to provide for the establishment of area school districts; and for other purposes.
HR 43-71. By Mr. Rush of the 75th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the election of members of the Board of Education of Tattnall County; and for other purposes.
HR 52-88. By Mr. Wells of the 30th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the election of the the members of the Board of Education of Oglethorpe County by the people; and for other purposes.
HR 73-122. By Messrs. Wilson and Henderson of the 102nd and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to establish a county manager form of county government, without regard to uniformity, for Cobb County; and for other purposes.
WEDNESDAY, FEBRUARY 16, 1966
1973
HR 76-124. By Mr. Lambert of the 38th:
A Resolution proposing an amendment to the Constitution so as to pro vide for an additional two members of the Board of Education of Morgan County; and for other purposes.
HR 85-135. By Mr. Dickinson of the 27th:
A Resolution proposing an amendment to the Constitution, so as to create an industrial development authority for the City of Douglasville and Douglas County; and for other purposes.
HR 89-165. By Mr. Harrison of the 98th: A Resolution proposing an amendment to the Constitution so as to create the Camden County Development Authority; and for other pur poses.
HR 97-165. By Mr. Reaves of the 99th: A Resolution proposing an amendment to the Constitution so as to create the Brooks County Development Authority; and for other pur poses.
HR 98-165. By Messrs. Harris and Vaughan of the 14th: A Resolution proposing an amendment to the Constitution so as to create the Adairsville Development Authority; and for other purposes.
HR 113-196. By Mr. Harrison of the 98th:
A Resolution proposing an amendment to the Constitution so as to create the City of Woodbine Development Authority; and for other purposes.
HR 114-196. By Mr. Floyd of the 7th:
A Resolution proposing an amendment to the Constitution so as to create the Chattooga County Development Authority; and for other purposes.
HR 115-201. By Mr. Crowe of the 80th:
A Resolution proposing an amendment to the Constitution so as to create the Worth County Industrial Development Authority; and for other purposes.
HR 117-206. By Messrs. Wilson of the 102nd, Jordan of the 103rd and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a Zoning and
1974
JOURNAL OF THE HOUSE,
Planning Commission for the unincorporated and/or incorporated areas of Cobb County and for various codes in connection therewith; and for other purposes.
HE 152-313. By Mr. Collins of the 62nd:
A Resolution proposing an amendment to the Constitution so as to create the Toombs County Development Authority; and for other pur poses.
HR 139-291. By Messrs. Harris and Smith of the 85th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local act for the creation of a Charter Commission to study all matters relating to the consoli dation of the government of the City of Brunswick and Glynn County and for the establishing of a successor government; and for other purposes.
HR 154-32. By Mr. Maddox of the 8th:
A Resolution proposing an amendment to the Constitution so as to create the Gordon County Development Authority; and for other purposes.
HR 163-364. By Messrs. Pickard, Jones and Brinkley of the 112th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to consolidate and combine the Muscogee County and City of Columbus Tax Assessors for both real and personal property; and for other purposes.
HR 185-399. By Mr. Underwood of the 61st: A Resolution proposing an amendment to the Constitution so as to create the Wheeler County Development Authority; and for other purposes.
HR 186-399. By Mr. Underwood of the 61st: A Resolution proposing an amendment to the Constitution so as to create the Montgomery County Development Authority; and for other purposes.
HR 188-405. By Mr. Phillips of the 41st: A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly may grant to the governing au thority of Columbia County the right to construct and repair streets and sidewalks and to asesss the costs thereof; and for other purposes.
WEDNESDAY, FEBRUARY 16, 1966
1975
HR 190-407. By Messrs. Pickard, Brinkley and Jones of the 112th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly, upon recommendation by the Board of Commissioners of Roads and Revenues of Muscogee County to combine or consolidate administrative departments and functions of county and municipal governments within the limits of Muscogee County; and for other purposes.
HR 191-407. By Messrs. Pickard and Brinkley of the 112th and others:
A Resolution proposing an amendment to the Constitution so as to provide that in lieu of the Commissioner of Roads and Revenues of Muscogee County and the City Commission of the City of Columbus, a single commission be established; and for other purposes.
HR 194-418. By Mr. Thomas of the 77th: A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Wayne County to levy a tax not to exceed one mill for industrial development purposes; and for other purposes.
HR 195-421. By Mr. Marshall of the 39th: A Resolution proposing an amendment to the Constitution so as to create the Hancock County Development Authority; and for other purposes.
HR 201-431. By Mr. Harris of the 85th: A Resolution proposing an amendment to the Constitution, so as to pro vide additional definitions relating to the Brunswick and Glynn County Development Authority; and for other purposes.
HR 205-435. By Messrs. Williams, Wood and Overby of the 16th: A Resolution proposing an amendment to the Constitution, so as to provide that the county school superintendent of Hall County shall be appointed by the Board of Education of Hall County; and for other purposes.
HR 206-435. By Mr. Underwood of the 61st: A Resolution proposing an amendment to the Constitution, so as to create the Treutlen County Development Authority; and for other purposes.
HR 215-454. By Messrs. Lovett and Knight of the 60th:
A Resolution proposing an amendment to the Constitution so as to create the Dublin-Laurens School System by merging the independent
1976
JOURNAL OF THE HOUSE,
school system of the City of Dublin and the county school system of Laurens County; and for other purposes.
HR 216-461. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A Resolution proposing an amendment to the Constitution so as to empower the governing authority of Bibb County to adopt, revise, amend and modify pension, disability and retirement plans and to levy a tax to pay therefor in whole or in part; and for other purposes.
HR 217-461. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A Resolution proposing an amendment to the Constitution so as to empower the governing authority of Bibb County to establish, maintain, alter and discontinue a system or systems of recreation and to levy a tax to pay cost thereof; and for other purposes.
HR 218-461. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A Resolution proposing an amendment to the Constitution so as to empower the governing authority of Bibb County to levy a tax to pay or contribute to the payment of insurance premiums for group life in surance, as well as for group hospital, surgical and medical care for employees and for other purposes.
HR 220-467. By Messrs. Wilson of the 102nd, McDaniell and Howard of the 101st and Jordan of the 103rd:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Marietta to incur additional indebtedness for school purposes.
HR 221-467. By Mr. Tucker of the 36th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the County school superintendent of Henry County by the Board of Education of Henry County; and for other purposes.
HR 222-467. By Mr. Tucker of the 36th:
A Resolution proposing an amendment to the Constitution so as to create the Henry County Development Authority; and for other pur poses.
WEDNESDAY, FEBRUARY 16, 1966
1977
HR 223-467. By Mr. Tucker of the 36th:
A Resolution to amend a Resolution proposing an amendment to the Constitution relating to the election of the members of the Board of Education of Henry County, so as to change the terms of office of the members of the Board; and for other purposes.
HR 232-494. By Mr. Matthews of the 29th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local act for the crea tion of a Charter Commission to study the consolidation of the govern ment of the mayor and council of the City of Athens and Clarke Coun ty; and for other purposes.
HR 241-504. By Mr. Vaughn of the 117th:
A Resolution proposing an amendment to the Constitution so as to increase the debt limitation of Rockdale County; and for other pur poses.
HR 242-504. By Messrs. Story and Watson of the 22nd:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Gwinnett County to establish and administer fire protection districts and sewerage districts in said county; and for other purposes.
HR 243-517. By Mr. Harris of the 85th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable property located in that district and area within said city described as Downtown Brunswick and to provide for the powers, authority, funds, purposes, and procedure connected therewith; and for other purposes.
HR 246-528. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Resolution proposing an amendment to the Constitution so as to provide that the governing authority of Floyd County may establish water, sanitation, sewerage and fire protection districts in Floyd County; and for other purposes.
HR 247-529. By Messrs. Lowrey, Minge and Starnes of the 13th:
A Resolution proposing an amendment to the Constitution so as to authorize Floyd County, in unincorporated areas, to construct, pave, etc. streets, roads, curbing, etc. and assess all or a portion of the cost against abutting property and the owners thereof; and for other pur poses.
1978
JOURNAL OF THE HOUSE,
HE 250-529. By Mr. Black of the 56th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Chattahoochee County to assess and collect license fees and taxes upon businesses located in Chatta hoochee County outside the limits of any incorporated municipality; and for other purposes.
HR 255-539. By Messrs. Matthews and Bedgood of the 29th:
A Resolution proposing an amendment to the Constitution so as to in crease the membership of the board of education of Clarke County from nine to eleven members; and for other purposes.
HR 271-571. By Mr. Grahl of the 52nd:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to consolidate and combine the offices of the clerk of the superior court and ordinary of Crawford County into one office; and for other purposes.
HR 290-679. By Mr. Herndon of the 74th: A Resolution proposing an amendment to the Constitution so as to create the Appling County Industrial Development Authority; and for other purposes.
HR 11-13. By Messrs. Abney, Snow and Hale of the 1st: A Resolution compensating Gordon J. McGraw, Jr.; and for other pur poses.
HR 12-13. By Mr. Parker of the 55th: A Resolution compensating Mrs. Marjorie K. Knight; and for other purposes.
HR 13-13. By Mr. Lewis of the 50th: A Resolution compensating Parker-White Motors; and for other pur poses.
HR 23-44. By Mr. Lovell of the 6th: A Resolution compensating Mr. Clayton Ramey; and for other purposes.
HR 27-44. By Mr. Duncan of the 4th: A Resolution compensating the Fannin County Agricultural Associa tion, Inc.; and for other purposes.
WEDNESDAY, FEBRUARY 16, 1966
1979
HR 41-55. By Mr. Richardson of the 116th: A Resolution compensating L. H. Flowers; and for other purposes.
HR 45-71. By Messrs. Snow, Abney and Hale of the 1st: A Resolution compensating Grady Barfield; and for other purposes.
HR 47-72. By Mr. Thomas of the 77th: A Resolution compensating T. R. Herndon; and for other purposes.
HR 48-72. By Mr. Thomas of the 77th: A Resolution compensating Lt. T. E. Caldwell; and for other purposes.
HR 51-88. By Mr. Wells of the 30th:
A Resolution compensating Mr. Jack W. Fambrough; and for other purposes.
HR 55-89. By Mr. Longino of the 122nd: A Resolution compensating Mr. J. Frank Lee; and for other purposes.
HR 63-110. By Mr. Holder of the 70th: A Resolution compensating Mrs. Ola Burch; and for other purposes.
HR 64-110. By Mr. Games of the 129th: A Resolution compensating W. H. Paradise; and for other purposes.
HR 71-122. By Messrs. Smith and Mitchell of the 3rd:
A Resolution compensating Mrs. Patricia Nell Bos well; and for other purposes.
HR 72-122. By Mr. Overby of the 16th:
A Resolution compensating Mrs. Florence Euline Roberts; and for other purposes.
1980
JOURNAL OF THE HOUSE,
HR 79-132. By Mr. Russell of the 92nd:
A Resolution compensating W. B. Garrison as Clerk of the Commis sioners of Roads and Revenues of Thomas County and Mr. W. L. Whittle, ST.; and for other purposes.
HR 86-138. By Messrs. Chandler and Harrington of the 47th:
A Resolution compensating Benjamin Clinton Tanner; and for other purposes.
HR 93-165. By Mr. Overby of the 16th: A Resolution to compensate Den M. Acres, Jr.; and for other purposes.
HR 94-165. By Mr. Overby of the 16th: A Resolution compensating Mrs. Helen Martin; and for other purposes.
HR 95-165. By Mr. Reaves of the 99th: A Resolution compensating M. J. Gaddis; and for other purposes.
HR 125-239. By Messrs. Newton and Matthews of the 94th: A Resolution compensating R. L. Millings; and for other purposes.
HR 162-358. By Mr. Ployd of the 7th: A Resolution compensating Mr. Glenn Hendrix; and for other purposes.
HR 168-381. By Mr. Otwell of the 10th: A Resolution compensating Charles L. Wilson; and for other purposes.
HR 169-381. By Mr. Harris of the 14th:
A Resolution compensating Warren Marchailette; and for other pur poses.
HR 170-381. By Mr. Vaughn of the 14th:
A Resolution compensating Miss Marie Morgan and Mrs. Bertha Wilkins; and for other purposes.
WEDNESDAY, FEBRUARY 16, 1966
1981
HR 172-385. By Mr. Harris of the 118th:
A Resolution compensating Doyle F. Whiteaker; and for other pur poses.
HR 174-385. By Mr. Harris of the 118th:
A Resolution compensating Mr. and Mrs. Randolph E. Ward; and for other purposes.
HR 175-385. By Mr. Harris of the 118th:
A Resolution compensating Mr. Samuel Rushing Smith; and for other purposes.
HR 176-385. By Mr. Harris of the 118th:
A Resolution compensating Mr. Raymond J. Wrinn; and for other purposes.
HR 177-385. By Mr. Harris of the 118th:
A Resolution compensating Mr. and Mrs. Samuel C. Williams; and for other purposes.
HR 181-385. By Mr. Dickinson of the 27th:
A Resolution compensating Mr. Johnny A. Brown; and for other pur poses.
HR 184-389. By Mr. Ross of the 31st: A Resolution compensating Bobby Gene Rocker; and for other purposes.
HR 189-407. By Mr. Collins of the 62nd:
A Resolution compensating Deputy Sheriff Dessie Kea; and for other purposes.
HR 192-412. By Mr. Rainey of the 69th:
A Resolution to compensate William Myers Brock; and for other pur poses.
HR 208-438. By Mr. Wilson of the 102nd: A Resolution compensating Carl Green; and for other purposes.
1982
JOURNAL OF THE HOUSE,
HR 212-444. By Mr. Herndon of the 74th:
A Resolution compensating Mrs. Jacquelyn S. Horen; and for other purposes.
HR 227-480. By Mr. Overby of the 16th: A Resolution compensating William T. Bell; and for other purposes.
HR 229-494. By Mr. Maddox of the 8th: A Resolution compensating Mr. Joe B. Bunch; and for other purposes.
HR 230-494. By Mr. Maddox of the 8th:
A Resolution compensating Mr. William Walraven; and for other pur poses.
HR 231-494. By Mr. Maddox of the 8th:
A Resolution compensating Easter Faye Garrett; and for other pur poses.
HR 249-529. By Mr. Johnson of the 25th: A Resolution compensating Alan Vaughter; and for other purposes.
HR 251-534. By Mr. Barber of the 24th: A Resolution compensating Mr. J. W. Keith; and for other purposes.
HR 252-534. By Mr. Barber of the 24th:
A Resolution compensating Mr. Daniel L. Sailors; and for other pur poses.
HR 259-557. By Mr. Wilson of the 102nd:
A Resolution compensating A. L. Hyde and Harold Hyde; and for other purposes.
HR 260-557. By Mr. Wilson of the 102nd: A Resolution compensating Mr. Clyde Glore; and for other purposes.
WEDNESDAY, FEBRUARY 16, 1966
1983
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
I am instructed by the Senate to request the House of Representatives to return the following Bill of the House to the Senate for the purpose of amending, to-wit:
HB 540. By Messrs. Matthews and Bedgood of the 29th:
A Bill to amend an Act creating the Clarke County School District and providing for a board of education therefor, so as to increase the mem bership of the board of education; and for other purposes.
The Senate agrees to the House amendment to the Senate substitute to the following Bill of the House to-wit:
HB 200. By Messrs. Hale, Abney and Snow of the 1st, and others:
A Bill 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; to provide for certain exceptions and exemptions from the educational requirements; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House, to-wit:
HB 540. By Messrs. Matthews and Bedgood of the 29th:
A Bill to amend an Act creating the Clarke County School District and providing for a board of education therefor, so as to increase the mem bership of the board of education; and for other purposes.
I am instructed by the Senate to request the House of Representatives to return the following Resolutions of the House for the purpose of correcting a technicality:
HR 205-435. By Messrs. Williams, Wood and Overby of the 16th:
A Resolution proposing an amendment to the Constitution, so as to pro vide that the county school superintendent of Hall County shall be appointed by the Board of Education of Hall County; and for other purposes.
1984
JOURNAL OF THE HOUSE,
HR 243-517. By Mr. Harris of the 85th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable property located in that district and area within said city described as Downtown Brunswick and to provide for the powers, authority, funds, purposes, and procedure con nected therewith; and for other purposes.
I am instructed by the Senate to request the House of Representatives to return the following Bill of the Senate to the Senate:
SB 50. By Senators Wesberry of the 37th, Johnson of the 38th and others:
A Bill to grant to the incorporated municipalities of this State certain powers, including the requiring of repairs, closing or demolition of cer tain property; to repeal conflicting laws; and for other purposes.
The Senate has adopted as amended by the requisite constitutional majority the following Resolution of the House to-wit:
HR 205-435. By Messrs. Williams, Wood and Overby of the 16th:
A Resolution proposing an amendment to the Constitution, so as to provide that the county school superintendent of Hall County shall be appointed by the Board of Education of Hall County; and for other purposes.
The Senate has passed by the requisite constitutional majority the follow ing Bills and Resolution of the Senate to-wit:
SB 204. By Senators Johnson of the 38th, Salome of the 36th and others:
A Bill to add one additional judge to the Superior Court for the Atlanta Judicial Circuit; and for other purposes.
SB 229. By Senator Minish of the 48th:
A Bill to amend an Act creating a new Judicial circuit for the State of Georgia known as the Gwinnett Judicial Circuit, as amended, so as to increase the salary of the Solicitor General; and for other purposes.
SB 239. By Senator Loggins of the 53rd:
A Bill to amend an Act placing the Sheriff of the Superior Court of Chattooga County upon an annual salary, approved March 18, 1964
WEDNESDAY, FEBRUARY 16, 1966
1985
(Ga. L. 1964, p. 2996), so as to change the compensation of deputy sheriffs and jailers; and for other purposes.
SR 24. By Senator Pennington of the 45th:
A Resolution designating the Charlie Lay Bridge; and for other pur poses.
SB 202. By Senator Minish of the 48th:
A Bill to abolish the present mode of compensating the sheriff of Jack son County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; and for other purposes.
SB 206. By Senator Minish of the 48th:
A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues of Jackson County, as amended, so as to change the compensation of the chairman and the other members of the Board of Commissioners of Roads and Revenues of Jackson County; and for other purposes.
SB 238. By Senator Edenfield of the 4th:
A Bill to amend an Act placing the clerk of the superior court of Bulloch County upon an annual salary, as amended, so as to authorize the clerk to employ a deputy clerk, a docket clerk and a typist and to fix their compensation; and for other purposes.
The Senate has passed by substitute by the requisite constitutional ma jority the following Bill of the House to-wit:
HB 679. By Mr. Herndon of the 74th:
A Bill to amend an Act creating a new charter for the City of Baxley, so as to provide that the limitation on the power of the City of Baxley to levy and collect taxes shall not affect the levy and collection of taxes to pay bonded indebtedness incurred under the provisions of the Constitution and evidenced by bonds validated prior to the effective date; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to-wit:
1986
JOURNAL OF THE HOUSE,
HB 570. By Mr. Clarke ol the 45th:
A Bill to abolish the present method of compensating the sheriff of Monroe County, known as the fee system; and for other purposes.
The Senate has passed by the requisite constitutional majority the follow ing Bills and Resolutions of the Senate to-wit:
SB 212. By Senator Pennington of the 45th:
A Bill to amend an Act defining certain agricultural terms, as amended, so as to include in said definition container grown products; and for other purposes.
SB 221. By Senators McGill of the 24th, Lee of the 47th and others:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", as amended; and for other purposes.
SR 61. By Senators Loggins of the 53rd and Lee of the 47th:
A Resolution to authorize the acceptance of the bid of Sonoco Products Company, to lease 1.22 acres of State-owned property in Fulton County, Georgia, and to direct the Chairman of the State Properties Control Commission to execute the attached lease on behalf of the State Proper ties Control Commission.
SR 83. By Senators Lee of the 47th and Loggins of the 53rd:
A Resolution authorizing the disposal of that tract of land on which is presently located the Governor's mansion; and for other purposes.
SR 87. By Senator Ballew of the 50th:
A Resolution authorizing the execution of a license agreement con veying water rights from Black Rock Mountain State Park to Mrs. Jane T. Williams, Mr. John M. Haddock, Jr., and Mrs. Nesbet Grizzard, in consideration for their conveying of 3.8 acres of real property to the Georgia Department of State Parks; and for other purposes.
SR 14. By Senator Kidd of the 25th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the filling of the office of the Governor and for the succession to the office of the Governor in the event the Governor-Elect dies, becomes disqualified or for any reason is unable to assume the execu tive power; and for other purposes.
WEDNESDAY, FEBRUARY 16, 1966
1987
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to-wit:
HB 578. By Mr. Paris of the 23rd:
A Bill to implement and effectuate the provisions of the Constitution creating the Barrow County School System and the Board of Educa tion, so as to provide for the members of said Board; and for other purposes.
HB 685. By Mr. Conner of the 91st:
A Bill to abolish the present mode of compensating the tax commis sioner of Jeff Davis County, known as the fee system; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate to-wit:
SB 50. By Senators Wesberry of the 37th, Johnson of the 38th and others:
A Bill to grant to the incorporated municipalities of the State certain basic powers, including certain powers to require the repair, closing or demolition of certain buildings; to repeal conflicting laws; 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:
SR 38. By Senators Webb of the llth and Jackson of the 16th:
A Resolution proposing an amendment to the Constitution so as to authorize the establishment of area school systems and area schools, by county and independent boards of education; and for other purposes.
Referred to the Committee on Education.
SR 39. By Senator Fincher of the 51st:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to elections for the members of the Cherokee County Board of Education and to change the provisions relating to the filling of vacancies on the Cherokee County board of education; and for other purposes.
Referred to the Committee on Local Affairs.
1988
JOURNAL OF THE HOUSE,
SR 47. By Senator Yancey of the 33rd:
A Resolution proposing an amendment to the Constitution so as to provide that the members of the Board of Education of Cobb County shall be elected in the same manner as county officers; and for other purposes.
Referred to the Committee on Local Affairs.
SR 66. By Senator Moore of the 31st:
A Resolution proposing an amendment to the Constitution so as to create the Polk School District by merging the county school system of Polk County and the independent school system of the City of Cedartown; and for other purposes.
Referred to the Committee on Local Affairs.
SR 67. By Senator Owens of the 49th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the county school superintendent of Lumpkin County by the board of education of Lumpkin County; and for other purposes.
Referred to the Committee on Local Affairs.
SR 73. By Senators Wesberry of the 37th, Johnson of the 38th, Maclntyre of the 40th and Ward of the 39th:
A Resolution to re-establish a Local Education Commission in Atlanta and Fulton County to continue and study the desirability and feasi bility of combining the school systems of Fulton County and the City of Atlanta; and for other purposes.
Referred to the Committee on Local Affairs.
SR 74. By Senators Broun of the 46th, Carter of the 14th, Plunkett of the 30th and Flowers of the 10th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to appropriate funds to the State Scholarship Commission for the purpose of being used to obtain funds from the Federal Government; and for other purposes.
Referred to the Committee on Education.
SR 79. By Senator Ballew of the 50th:
A Resolution proposing an amendment to the Constitution so as to create the City of Jasper Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, FEBRUARY 16, 1966
1989
SR 81. By Senator Owens of the 49th:
A Resolution proposing an amendment to the Constitution so as to pro vide for four year terms for members of the General Assembly; and for other purposes.
Referred to the Committee on Judiciary.
SB 169. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th and others:
A Bill to be entitled an Act to amend Code Title 26 relating to crimes and punishments, so as to provide life imprisonment in lieu of the death penalty for certain crimes; and for other purposes.
Referred to the Committee on Judiciary.
SB 189. By Senators Holley of the 22nd and Noble of the 19th:
A Bill to be entitled an Act to amend Code Chapter 25-1, relating to 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.
SB 197. By Senator Downing of the 1st: A Bill to be entitled an Act to create the Atlantic Coastal Tourist Com mission as a commission and agency of the state government; and for other purposes.
Referred to the Committee on Judiciary.
SB 210. By Senators Gillis of the 20th and Smith of the 18th: A Bill to be entitled an Act to amend an Act creating the Department of Commerce, so as to authorize the publicizing of the State of Geor gia; and for other purposes.
Referred to the Committee on Judiciary.
SB 231. By Senator Downing of the 1st:
A Bill to be entitled an Act to amend Code Section 88-111 of the Georgia Health Code, relating to the purposes for which the funds of the De partment of Public Health may be used, so as to provide that such funds may be used for the correction of physical defects and disfigure ments to the human anatomy; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
1990
JOURNAL OP THE HOUSE,
SR 24. By Senator Pennington of the 45th:
A Resolution designating the Charlie Lay Bridge; and for other pur poses.
Referred to the Committee on Highways.
SB 202. By Senator Minish of the 48th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Jackson County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
SB 204. By Senators Johnson of the 38th, Salome of the 36th, Coggin of the 35th and others:
A Bill to be entitled an Act to add one additional judge of the Superior Court for the Atlanta Judicial Circuit; and for other purposes.
Referred to the Committee on Judiciary.
SB 206. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Jackson County, so as to change the compensation of the chairman and the other members of the Board of Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
Mr. Harris of the 118th, Chairman of the Committee on Judiciary, sub mitted 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 777. Do Pass.
SB 129. Do Pass.
SB 43. Do Pass as Amended.
SB 2. Do Pass as Amended.
SB 40. Do Pass.
SB 5. Do Pass.
SB 6. Do Pass.
Respectfully submitted,
Harris of 118th,
Chairman.
WEDNESDAY, FEBRUARY 16, 1966
1991
Mr. Harris of the 118th, Chairman of the Committee on Judiciary, sub mitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 201. SB 136. SB 137. SB 38. SR 25. SB 157. SB 53. SB 76. SB 54. HB 730.
Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass as Amended. Do Pass by Substitute. Do Pass. Do Pass. Do Pass.
Respectfully submitted,
Harris of 118th,
Chairman.
Mr. Brinkley of the 112th, 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 recommendation:
HB 766. Do Pass. Respectfully submitted, Brinkley of 112th, Chairman.
Mr. Anderson of the 71st, Vice-Chariman of the Committee on Motor Ve hicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the follow ing Bills of the House and Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
SB 28. Do Not Pass.
1992
JOURNAL OF THE HOUSE,
SB 141. HB 405. SB 120. SB 121. SB 75. HB 120.
Do Pass. Do Not Pass. Do Pass. Do Pass. Do Not Pass. Do Not Pass.
Respectfully submitted, Anderson of 71st, Vice-Chairman.
Mr. Busbee of the 79th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HR 301-699. Do Pass as Amended.
HR 347-789. Do Pass.
SB
21. Do Pass.
SR
55. Do Pass.
Respectfully submitted,
Busbee of 79th,
Vice-Chairman.
Mr. Etheridge of 123rd, Chairman of the Committee on Special Judiciary, has submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 214. Do Pass. SB 171. Do Pass. SB 182. Do Pass as Amended.
Respectfully submitted, Etheridge of 123rd, Chairman.
WEDNESDAY, FEBRUARY 16, 1966
1993
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:
SB 229. By Senator Minish of the 48th: A Bill to be entitled an Act to amend an Act creating a new judicial circuit for the State of Georgia known as the Gwinnett Judicial Circuit, so as to increase the salary of the Solicitor General; and for other purposes.
Referred to the Committee on Local Affairs.
SB 238. By Senator Edenfield of the 4th: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Bulloch County upon an annual salary, so as to au thorize the clerk to employ a deputy clerk, a docket clerk and a typist and to fix their compensation; and for other purposes.
Referred to the Committee on Local Affairs.
SB 239. By Senator Loggins of the 53rd: A Bill to be entitled an Act to amend an Act placing the Sheriff of the Superior Court of Chattooga County upon an annual salary, so as to change the compensation of deputy sheriffs and jailers; and for other purposes.
Referred to the Committee on Local Affairs.
SR 14. By Senator Kidd of the 25th:
A Resolution proposing an amendment to the Constitution so as to provide for the filling of the office of the Governor and for the suc cession to the office of the Governor in the event the Governor-Elect dies, becomes disqualified or for any reason is unable to assume the executive power; and for other purposes.
Referred to the Committee on Judiciary.
SR 61. By Senators Loggins of the 53rd and Lee of the 47th:
A Resolution to authorize the acceptance of the bid of Sonoco Products Company, to lease 1.22 acres of State-owned property in Pulton County, Georgia, and to direct the Chairman of the State Properties Control Commission to execute the attached lease on behalf of the State Proper ties Control Commission; and for other purposes.
Referred to the Committee on State Institutions and Property.
1994
JOURNAL OF THE HOUSE,
SR 83. By Senators Lee of the 47th and Loggins of the 53rd:
A Resolution authorizing the disposal of that tract of land on which is presently located the Governor's mansion; and for other purposes.
Referred to the Committee on State Institutions and Property.
SR 87. By Senator Ballew of the 50th:
A Resolution authorizing the execution of a license agreement convey ing water rights from Black Rock Mountain State Park to Mrs. Jane T. Williams, Mr. John M. Haddock, Jr., and Mrs. Nesbet Grizzard, in consideration for their conveying 3.8 acres of real property to the Georgia Department of State Parks; and for other purposes.
Referred to the Committee on State Institutions and Property.
SB 212. By Senator Pennington of the 45th:
A Bill to be entitled an Act to amend an Act defining certain agricul tural terms, so as to include in said definition container grown products; and for other purposes.
Referred to the Committee on Judiciary.
SB 221. By Senators McGill of the 24th, Lee of the 47th, Foster of the 21st and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", relating to certain funds appro priated to the State Department of Education; and for other purposes.
Referred to the Committee on Education.
SB 50. By Senators Wesberry of the 37th, Johnson of the 38th, and Maclntyre of the 40th:
A Bill to be entitled an Act to grant to the incorporated municipalities of the State certain basic powers, including certain powers to require the repair, closing or demolition of certain buildings; and for other purposes.
Referred to the Committee on Local Affairs.
Mr. Melton of the 34th asked unanimous consent that the following Bill of the Senate be withdrawn from the Committee on Education and recommitted to the Committee on University System of Georgia:
SB 144. By Senators Carter of the 14th and Plunkett of the 30th:
A Bill to be entitled an Act to amend an Act so as to provide that the Georgia State Scholarship Commission shall he an agency within the Executive Branch of State Government; and for other purposes.
WEDNESDAY, FEBRUARY 16, 1966
1995
The consent was granted and SB 144 was withdrawn from the Committee on Education and recommitted to the Committee on University of Georgia.
Mr. Williams of the 16th asked unanimous consent that the following Bill of the Senate be recommitted to the Committee on Motor Vehicles for further study:
SB 28. By Senators Brown of the 46th, Kilpatrick of the 44th and others: A Bill to be entitled an Act to facilitate the identification of motor vehicles, parts and accessories; and for other purposes.
The consent was granted and SB 28 was recommitted to the Committee on Motor Vehicles.
Mr. Storey of the 22nd, Secretary of the Committee on Education, submit ted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Reso lution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SR 38. Do Pass by Committee Substitute.
Respectfully submitted, Melton of 34th, Chairman.
Mr. Mitchell of the 3rd, Chairman of the Committee on Game & Pish, sub mitted the following report:
Mr. Speaker:
Your Committee on Game & Fish has had under consideration the following Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SR 62. Do Pass.
Respectfully submitted, Mitchell of 3rd, Chairman.
1996
JOURNAL OF THE HOUSE,
Mr. Vaughn of 117th District, Chairman of the Committee on Highways, submitted the following report:
Mr. Speaker:
Your Committee on Highways has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 57. Do Pass.
Respectfully submitted, Vaughn of 117th, Chairman.
Mr. Smith of the 3rd District, 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 and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
SB
231.
HR 325-754.
SB
158.
SB
159.
Do Pass. Do Pass. Do Pass. Do Pass by Committee Substitute.
Respectfully submitted, Smith of 3rd, Chairman.
Mr. Brinkley of the 112th District, 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 and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 286-650. Do Pass. HB 568. Do Pass as Amended.
Respectfully submitted, Brinkley of 112th, Chairman.
WEDNESDAY, FEBRUARY 16, 1966
1997
Mr. Williams of 16th, Chairman of the Committee on Motor Vehicles, sub mitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the fol lowing Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 139. Do Pass.
SB 28. Do Pass as Amended.
Respectfully submitted,
Williams of 16th,
Chairman.
Mr. Dorminy of 72nd District, 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 Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SR 27. Do Pass. Respectfully submitted, Dorminy of 72nd, Chairman.
Mr. Busbee of 79th, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Reso lutions of the House and Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HR 348-789. Do Pass.
SR
65. Do Pass.
SR
80. Do Pass.
Respectfully submitted,
Busbee of 79th,
Vice-Chairman.
1998
JOURNAL OF THE HOUSE,
Mr; Matthews of the 29th, 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 144. Do Pass.
SB 145. Do Pass.
Respectfully submitted,
Matthews of 29th,
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 759. By Messrs. Malone and Palmer of the 117th, Higginbotham, Westlake, Evensen and Bean of the 119th:
A Bill to be entitled an Act to amend an Act authorizing the estab lishment of a merit system in DeKalb County for employees and the creation of a Merit System Council so as to increase the membership of said Council from 3 to 5 members; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 768. By Messrs. Harris, Farrar, Walling and Levitas of the 118th, Malone, Palmer, Carley and Vaughn of the 117th:
A Bill to be entitled an Act to amend an Act fixing, prescribing and establishing compensation and/or salaries of the elective county officials of DeKalb County including the ordinary, clerk of the superior court, sheriff and tax commissioner, so as to adjust certain compensation; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
WEDNESDAY, FEBRUARY 16, 1966
1999
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 770. By Mr. Williams of the 16th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Hall County, so as to provide for a five member Board; to provide for Commissioner Districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 771. By Mr. Lovell of the 6th:
A Bill to be entitled an Act to provide for compensation for the Ordi nary of White County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 773. By Mr. Murphy of the 26th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bremen, so as to extend 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 115, nays 0.
2000
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 774. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act creating the City Court of Warner Robins, so as to change the number of pre-emptory chal lenges allowed in criminal cases; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 775. By Mr. Byrd of the 28th:
A Bill to be entitled an Act to amend an Act placing the compensation of the clerk of the superior court, the ordinary and coroner of Walton County on a salary basis in lieu of a fee system, 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 776. By Mr. Byrd of the 28th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Walton 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.
WEDNESDAY, FEBRUARY 16, 1966
2001
The Bill, having received the requisite constitutional majority, was passed.
HB 778. By Mr. Lewis of the 50th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Waynesboro, so as to change the terms 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 779. By Messrs. Overby, Williams and Wood of the 16th: A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court, the clerk of the city court and the ordinary of Hall County on an annual salary in lieu of the fee system, so as to change the compensation of the sheriff, the clerk of the superior court, the clerk of the city court and the ordinary of Hall County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 780. By Messrs. Overby, Williams and Wood of the 16th:
A Bill to be entitled an Act to amend an Act consolidating the office of Tax Collector and the office of Tax Receiver into the single office of Tax Commissioner of Hall 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.
2002
JOURNAL OF THE HOUSE,
On the passage of the Bill, thee ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 781. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Sycamore, 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 782. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to consolidate the office of tax receiver and the office of tax collector into the office of tax commissioner of Irwin County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 783. By Mr. Clark of the 2nd:
A Bill to be entitled an Act to amend an Act creating and establish ing a new charter for the City of Ringgold in the County of Catoosa, so as to authorize the creation of a Board of Utility Commissioners for the City of Ringgold; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
WEDNESDAY, FEBRUARY 16, 1966
2003
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 784. By Messrs. Matthews and Bedgood of the 29th:
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 empower the Mayor and Council of the City of Athens to formulate and adopt building codes, housing codes, 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 785. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thomp son of the 110th, Thompson and Shields of the lllth:
A Bill to be entitled an Act to amend an Act abolishing Justice Courts and the office of Justice of the Peace and Notary Public ex-officio Jus tice of the Peace and to establish and create in lieu thereof a Municipal Court in and for the City of Columbus and the County of Muscogee, so as to change the compensation of the marshal of the Municipal Court of Columbus, Muscogee County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 787. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins, so as to establish a Civil Service Board for said city; and for other purposes.
2004
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 788. By Messrs. Peterson and Stalnaker of the 59th: A Bill to be entitled an Act to amend an Act incorporating the City of Centerville, so as to provide that a candidate must receive a majority of the votes to be elected to the office of mayor or councilman; and for other purposes.
The report 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 766. By Mr. Barber of the 24th: A Bill to be entitled an Act incorporating the City of Jefferson, so as to provide for annexation and provide for a referendum; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 117. By Senator Kidd of the 25th: A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Baldwin County, known as the fee system; and for other purposes.
The report of the Commitaee, which was favorable to the passage of the Bill, was agreed to.
WEDNESDAY, FEBRUARY 16, 1966
2005
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 772. By Messrs. Newton and Matthews of the 94th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Colquitt County, so as to provide a retirement system for certain personnel of the Board; and for other purposes.
The following floor substitute was read and adopted:
TO BE ENTITLED
An Act to amend an Act creating a Board of Commissioners of Colquitt County, approved August 10, 1921 (Ga. Laws 1921, p. 443), as amended, particularly by an Act approved August 15, 1927 (Ga. Laws 1927, p. 547), an Act approved August 24, 1929 (Ga. Laws 1929, p. 588), and an Act approved March 30, 1965 (Ga. Laws 1965, p. 2935), so as to create the office of County Engineer Emeritus; to provide for the qualifications for persons to become eligible to fill such office; to provide the compensation to be paid such person holding the office of County Engineer Emeritus; to provide for the duties of such office; to provide the procedure connected with the foregoing; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a Board of Commissioners of Colquitt County, approved August 10, 1921, (Ga. Laws 1921, p. 443), as amended, particularly by an Act approved August 15, 1927 (Ga. Laws 1927, p. 547), an Act approved August 24, 1929 (Ga. Laws 1929, p. 588), and an Act approved March 30, 1965 (Ga. Laws 1965, p. 2953), is hereby amended by renumbering Section 17 as Section 18 and inserting a new Section 17 to read as follows:
"Section 17. There is hereby created the office of County Engineer Emeritus. To be eligible for appointment as County Engineer Emeritus, a person must:
(1) Be at least sixty-seven (67) years of age.
(2) Have been an employee of Colquitt County for at least twenty-eight (28) years.
(3) Have been the County Engineer for Colquitt County for at least twenty-eight (28) years immediately preceding his ap pointment.
The compensation for the office of County Engineer Emeritus shall be four hundred fifty ($450.00) dollars per month, payable from
2006
JOURNAL OF THE HOUSE,
the funds of Colquitt County and such compensation shall continue until such officer resigns from office or dies.
The duties of the office of County Engineer Emeritus for Col quitt County shall be the same duties as the duties of the County Engineer of Colquitt County, except that the County Engineer Emeritus shall only perform such duties when requested by the Board of Commissioners for Colquitt County."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by Substitute.
On the passage of the Bill, by substitute, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 789. By Messrs. Bennett, Barfield and Sullivan of the 95th: A Bill to be entitled an Act to amend an Act establishing the City Court of Valdosta in and for the County of Lowndes, so as to change the compensation of the Solicitor of said Court; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act establishing the City Court of Valdosta in and for the County of Lowndes, approved December 11, 1901 (Ga. Laws 1901, p. 176), as amended, particularly by an Act approved August 14, 1917 (Ga. Laws 1917, p. 275), and an Act ap proved August 7, 1920 (Ga. Laws 1920, p. 412), so as to place the Solicitor of said Court on a salary basis in lieu of the fee system of compensation; to provide that all fees, fines, costs and forfeitures of said officer shall become the property of the county; to provide for exceptions; to provide for the collection and disposition of all such fees, fines, costs and forfeitures; to provide for periodic statements; to remove the provisions relating to the salary of the clerk and the sheriff of said Court; to provide that nothing contained in this Act shall be construed so as to affect the fees of the clerk of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
WEDNESDAY, FEBRUARY 16, 1966
2007
SECTION 1
An Act establishing the City Court of Valdosta in and for the County of Lowndes, approved December 11, 1901 (Ga. Laws 1901, p. 176), as amended, particularly by an Act approved August 14, 1917 (Ga. Laws 1917, p. 275), and an Act approved August 7, 1920 (Ga. Laws 1920, p. 412), is hereby amended by striking Section 2 of the aforesaid amendatory Act of 1917 in its entirety and inserting in lieu thereof a new Section 2 of said amendatory Act, to read as follows:
"Section 2. The solicitor of the City Court of Valdosta shall receive a salary of six thousand ($6,000.00) dollars per annum, payable in equal monthly installments from the funds of Lowndes County. Said salary shall be in lieu of all fees, fines, costs, com missions, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected by said solicitor as compensation for services in any capacity. Said solicitor shall make a monthly accounting to the county fiscal authority of Lowndes County of all fees, fines, costs, commissions, percentages, for feitures, penalties, allowances and all other perquisites of whatever kind, other than the salary paid to him by Lowndes County, form erly allowed him as compensation on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly accounting to the county fiscal authority, said solicitor shall also furnish the govern ing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month. The statement shall show the respective amounts of money collected and the source thereof. Provided, however, nothing contained in this Act shall be construed so as to affect the fees of the solicitor of said court for representing the State in the Supreme Court and Court of Appeals, which fees shall be the same as the fees allowed Solicitors-General of the Superior Courts for similar services."
SECTION 2
Nothing contained in this Act shall be construed so as to affect the fees now or hereafter allowed by law to be received by the clerk of the City Court of Valdosta.
SECTION 3
The provisions of this Act shall become effective on April 1, 1966.
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.
2008
JOURNAL OF THE HOUSE,
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 substiute.
HB 568. By Mr. Cook of the 123rd, Mrs. Hamilton of the 137th, Messrs. Carnes of the 129th, Hood of the 124th and others:
A Bill to be entitled an Act to grant to municipalities of this State having a population of more than 300,000 certain basic powers, in cluding certain powers to require the repair, closing or demolition of certain dwellings, buildings or structures; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 568 in the following manner:
By striking the words "repair, alter or improve or to" which are situated between the words "to and vacate" in the first sentence of paragraph 4 of Section 4.
By further striking the words "alter, repair" which are situated between the words "to and remove" and by striking the words "altered, repaired" which are situated between the words "be and removed", all being- in the first sentence of paragraph 5 of Section 4.
By further striking the words "repairs, alternations or improve ments or" which are situated between the words "such and vacating" and by further striking the words "repair, alteration and" which are situated between the words "of and demolition", all being in the first sentence of paragraph 6 of Section 4.
By further striking paragraph 7 of Section 4 in its entirety and inserting in lieu thereof the following:
"(7) Municipal corporations may enforce the collection of any amount due on such lien for removal or demolition of dwellings, buildings or structures only in the following manner:
"a. The owner and/or parties at interest shall be allowed to satisfy the amount due on such lien by paying to the municipal corporation, within thirty (30) days after the perfection of said lien, a sum of money equal to twenty-five (25%) per cent of the total amount due and by further paying to said municipal corpora tion the remaining balance due on such lien, together with interest at the rate of seven (7%) per cent per annum, in three (3) equal annual payments, each of which shall become due and payable on the anniversary date of the initial payment made as hereinabove prescribed.
WEDNESDAY, FEBRUARY 16, 1966
2009
"b. Should the property, upon which such lien is perfected, be sold, transferred or conveyed by the owner and/or parties at interest at any time prior to the termination of the said three (3) year period, then the entire balance due on such lien shall be due and payable to the municipal corporation.
"c. Should the amount due on such lien, or any portion thereof, be unpaid after the passage of said three (3) year period, or upon the occurrence of the contingency provided for in sub-para graph b hereinabove, the municipal corporation may enforce the collection of any amount due on such lien for alteration, repair, removal or demolition of dwellings, buildings or structures in the same manner as provided in Georgia Laws 1884-85, page 148 (Ga. Code 92-4201) and other applicable State statutes. This procedure shall be subject to the right of redemption by any person having any right, title or interest in or lien upon said property, all as provided by Georgia Laws 1935, page 466 (Ga. Code 92-4402) and Georiga Laws 1937, page 491, 492 (Ga. Code 92-8301 et seq)."
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.
HR 345-770. By Messrs. Story and Watson of the 22nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to empower the Clerk of the Superior Court of Gwinnett County to issue criminal warrants; to provide for the submission of this amendment for ratifi cation or rejections; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article XI, Section II, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The Clerk of the Superior Court of Gwinnett County is here by empowered to issue criminal warrants in the same manner and under the same procedure as that provided for justices of the peace, and any warrant so issued by the Clerk shall be returnable
2010
JOURNAL OF THE HOUSE,
to any judicial officer of this State. For issuing each such war rant the Clerk shall collect the same fee therefor as that provided for the issuance of such warrants by justices of the peace and all such fees shall be held by the Clerk of the Superior Court for Gwinnett County and shall be the property of Gwinnett County. Such fees shall be turned over to the proper authority of Gwinnett County in the same manner as other fees collected by the Clerk."
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 empower the Clerk of the Superior Court of Gwinnett County
NO ( ) to issue criminal warrants?"
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 Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Bagby Barfield Bean Bedgood Bennett Berry
Black Blair Blalock Brantley Brinkley Brown, C. Bryant Busbee Byrd Caldwell
Carley Games Chandler Clarke, H. G. Clark, J. T. Collins, M. Conger Cook Crowe Dailey
WEDNESDAY, FEBRUARY 16, 1966
2011
Daugherty Davis Dean Dillon Dixon Dollar Drew Duncan Egan Etheridge Evensen Farrar Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hale Hamilton Harrell Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Houston Howell Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley
Land Lane
Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lovett Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L.
Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers
Reaves Reid Richardson Roach Ross Rowland Rush Russell Sims Smith, A. B. Smith, G. L. II
Smith, V. T. Smith, W. L. Snow Spikes Stalnaker Starnes Steis Stewart Stovall Sweat Taylor Thomas Thompson, A. W. Towsend Tucker Tye Underwood Vaughn, C. R. Walling Ware Webb Westlake Wiggins Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Anderson Barber Bowen Brackin Brown, B. D. Brown, M. P. Carr Gates Collins, J. F. Colwell Conner
Cox DeLong Dickinson Dorminy Doster Elliott Fleming Grahl Hadaway Harrington Harris, J. F.
Harris, J. R. Hood Howard Hull Johnson, B. Jones, C. M. Jordan, W. H. Knapp Knight Lambert Lambros
2012
Lea, F. R. Leonard Levitas Maddox McClatchey Pickard Rainey Savage
JOURNAL OP THE HOUSE,
Sherman Shields Simkins Smith, J. R. Snellings Spillers Story Sullivan
Thompson, R. Vaughan, D. N. Watkins Watson Wells Williams, G. J. Mr. Speaker
On the adoption of the Resolution, the ayes were 148, nays 0.
The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HB 769. By Messrs. Etheridge of the 123rd, Gates of the 123rd and others:
A Bill to be entitled an Act to amend an Act relating to the "City of Atlanta and Fulton County Recreation Authority", so as to redefine project; and for other purposes.
Mr. Hawkins of the 139th moved that the House object to the favorable report of the Committee.
Mr. Etheridge of the 123rd moved that the House agree to the favorable report of the Committee.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alexander Alien Barber Barfield Bennett Berry Black Blair Brinkley Brown, B. D. Bryant Busbee Caldwell Carley Carr
Chandler Clark, J. T. Collins, M. Conger Cook Crowe Dailey Davis Dean Dixon Dollar Drew Duncan Egan Etheridge
Farrar Fulford Gary Gaynor Gignilliat Hale Hamilton Harrell Harris, J. R. Harris, R. W. Harrison Herndon Holder Hood Howell
WEDNESDAY, FEBRUARY 16, 1966
2013
Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knight Land Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lovell Malone Marshall
Matthews, C. Mauldin McClatchey McCracken Merritt Minge Newton, A. S. Pafford Palmer Paris Parrish Phillips Pickard Powers Reaves Richardson Roach
Rowland Rush Russell Shields Smith, G. L. II Smith, W. L. Spikes Steis Townsend Tucker Tye Vaughn, C. R. Walling Ware Wells Wiggins Wilson, R. W.
Those voting in the negative were Messrs.:
Adams Bean Blalock Carnes Dillon Evensen Floyd Funk Grier
Hawkins Higginbotham Hill Longino Matthews, D. R. Moore, Don C. Moore, J. H. Newton, D. L. Peterson
Sims Stalnaker Starnes Stewart Stovall Taylor Westlake Wilson, J. M.
Those not voting were Messrs.:
Abney Anderson Bagby Bedgood Bowen Brackin Brantley Brown, C. Brown, M. P. Byrd Gates Clarke, H. G. Collins, J. F. Colwell Conner Cox Daugherty DeLong Dickinson Dorminy Doster
Elliott Fleming Gaissert Grahl Hadaway Harrington Harris, J. F. Henderson Houston Howard Hull Johnson, B. Jordan, W. H. Knapp Lambert Lambros Lane Lee, F. R. Leonard Lovett Lowrey
Maddox McDaniell Melton Mitchell Mixon Murphy Ne Smith, J. D. Nessmith, P. Odom Oglesby Otwell Overby Parker Rainey Reid Ross Savage Sherman Simkins Smith, A. B. Smith, J. R.
2014
Smith, V. T. Snellings Snow Spillers Story Sullivan Sweat
JOURNAL OF THE HOUSE,
Thomas Thompson, A. W. Thompson, R. Underwood Vaughan, D. N. Watkins Watson
Webb Williams, G. J. Williams, W. M. Wood, J. T. Mr. Speaker
On the motion to agree, the ayes were 96, nays 26.
The motion prevailed and the House agreed to the favorable report of the Committee.
The previous question was ordered.
Mr. Hill of the 121st moved that the House reconsider its action in ordering the previous question.
On the motion to reconsider, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alien Anderson Bean Bedgood Berry Black Blalock Games Collins, J. F. Conger Cox Davis DeLong Dillon Dollar Dorminy Doster Evensen Floyd Funk Gaissert
Carry Harris, J. F. Harris, R. W. Harrison Hawkins Herndon H igginbotham Hill Holder Houston Johnson, B. Jones, G. Paul Lambert Lane Lee, W. J. (Bill) Leonard Longino Lovett Maddox Matthews, C. Matthews, D. R. Mauldin
McDaniell Mitchell Moore, Don C. Murphy Nessmith, P. Newton, D. L. Pafford Paris Parrish Reid Roach Ross Smith, A. B. Smith, V. T. Spillers Stovall Taylor Thompson, A. W. Webb Westlake Wilson, J. M.
WEDNESDAY, FEBRUARY 16, 1966
2015
Those voting in the negative were Messrs.:
Alexander Barber Barfield Bennett Bowen Brinkley Brown, B. D. Brown, C. Bryant Busbee Caldwell Carley Chandler Clarke, H. G. Collins, M. Cook Crowe Dailey Daugherty Dean Dixon Drew Egan Etheridge Farrar Fleming Fulford
Gaynor Hamilton Harrington Harris, J. R. Hood Howell Hutchinson Johnson, Dr. A. S. Jones, C. M. Jones, M. Jordan, W. H. Kiley Knight Land Lee, W. S. Levitas Lewis Lovell Lowrey M alone Marshall McClatchey McCracken Minge Mixon Moore, J. H. Newton, A. S.
Oglesby Peterson Phillips Pickard Powers Richardson Rowland Russell Shields Sims Smith, G. L. II Smith, W. L. Snellings Spikes Stalnaker Starnes Steis Town send Tucker Tye Underwood Vaughn, C. R. Walling Ware Watkins Wiggins
Those not voting were Messrs. :
Abney Bagby Blair Brackin Brantley Brown, M. P. Byrd Carr Gates Clark, J. T. Colwell Conner Dickinson Duncan Elliott Gignilliat Grahl Grier Hadaway Hale
Harrell Henderson Howard Hull Irvin Jordan, Ben C. Knapp Lambros Lee, F. R. Melton Merritt NeSmith, J. D. Odom Otwell Overby Palmer Parker Rainey Reaves Rush
Savage Sherman Simkins Smith, J. R. Snow Stewart Story Sullivan Sweat Thomas Thompson, R. Vaughan, D. N. Watson Wells Williams, G. J. Williams, W. M. Wilson, R. W. Wood Mr. Speaker
On the motion to reconsider, the ayes were 65, nays 81.
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The motion to reconsider the ordering of the previous question was lost.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alexander Barber Barfield Bedgood Bennett Berry Bowen Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley Carr Chandler Clarke, H. G. Collins, M. Conger Cook Crowe Daugherty Davis Dean DeLong Dixon Dollar Doster Drew Egan Etheridge Parrar Fleming Fulford Punk Gary
Gaynor Gignilliat Hamilton Harrell Harrington Harris, J. R. Harris, R. W. Holder Hood HowelJ Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kiley Knight Lambert Land Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lovell Lovett Lowrey Maddox Marshall Matthews, C. McClatchey McCracken Mitchell Mixon NeSmith, J. D.
Newton, A. S. Odom Oglesby Paris Parker Phillips Pickard Powers Reid Richardson Rowland Russell Shields Simkins Smith, G. L. II Smith, W. L. Spikes Spillers Starnes Steis Stewart Sullivan Taylor Thompson, A. W. Townsend Tucker Tye Vaughn, C. R. Walling Ware Watkins Watson Wells Wiggins Wilson, R. W.
Those voting in the negative were Messrs.:
Adams Bean Black
Blalock Carnes Cox
Evensen Floyd Grier
WEDNESDAY, FEBRUARY 16, 1966
2017
Harris, J. F. Harrison Hawkins Herndon Higginbotham Hill Jones, M. Longino Matthews, D. R.
Melton Moore, Don C. Murphy Nessmith, P. Newton, D. L. Parrish Peterson Roach Ross
Rush Sims Smith, A. B. Smith, V. T. Stalnaker Stovall Thompson, R. Webb Wilson, J. M.
Those not voting were Messrs.:
Abney Alien Anderson Bagby Blair Brackin Brantley Brown, M. P. Gates Clark, J. T. Collins, J. F. Colwell Conner Dailey Dickinson Dillon Dorminy Duncan Elliott Gaissert
Grahl Hadaway Hale Henderson Houston Howard Hull Irvin Knapp Lambros Lane Lea, F. R. Malone Mauldin McDaniell Merritt Minge Moore, J. H. Otwell Overby
Pafford Palmer Rainey Reaves Savage Sherman Smith, J. R. Snellings Snow Story Sweat Thomas Underwood Vaughan, D. N. Westlake Williams, G. J. Williams, W. M. Wood Mr. Speaker
On the passage of the Bill, the ayes were 109, nays 36.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Lea of the 126th stated that he wished to be recorded in the Journal as voting "nay" on HB 769.
Mr. Dillon of the 128th stated that he was ill and not present when the vote was taken on HB 769, but had he been present, would have voted "nay", and wished to be so recorded in the Journal.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
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HB 86. By Messrs. Cook of the 123rd, Games of the 129th and others:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Atlanta; and for other purposes.
The following report of the Committee of Conference was read:
REPORT OF COMMITTEE OF CONFERENCE ON HB 86
Mr. President:
Mr. Speaker:
The Committee of Conference appointed on HB 86 respectfully reports as follows:
(1) The Committee recommends that the House recede from its position relative to HB 86, as amended.
(2) The Committee recommends that the Senate recede from its position relative to HB 86.
(3) The Committee recommends that the attached substitute to HB 86 be adopted by both the Senate and the House of Representatives.
This 15th day of February, 1966.
On Behalf of the Senate:
Prank E. Coggin Senator, 35th District
Leroy R. Johnson Senator, 38th District
Dan I. Maclntyre Senator, 40th District
On Behalf of the House of Representatives:
Jack P. Etheridge Representative, 123rd District
Rodney M. Cook Representative, 123rd District
Kiliaen V. R. Townsend Representative, 140th District
WEDNESDAY, FEBRUARY 16, 1966
2019
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 and it is hereby enacted by authority of the same that an Act entitled "An Act to establish a new charter for the City of Atlanta, approved February 28, 1874," and the several Acts amendatory thereof, be further amended as follows:
Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its intoduction in 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 been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law.
Section 2. The corporate limits of the City of Atlanta are hereby en larged and extended so as to include and embrace within the corporate limits of the City of Atlanta, as they existed on January 1, 1966, all of the following described territory: BEGINNING at a point where the northern corporate limits of the City of Atlanta, as they existed on January 1, 1966, intersect the dividing line between Fulton and DeKalb Counties and running thence northerly and northeasterly along the dividing line between Fulton and DeKalb Counties and the dividing line between Fulton and Gwinnett Counties to the intersection of said dividing line between Fulton and Gwinnett Counties with the southern bank of the Chattahoochee River; thence in a westerly, northwesterly, southwesterly and easterly direction along and following the curvature of the said Chattahoochee River, along the southern bank of said river, to the point of intersection of said river with the southeast line of Land Lot 360 of the 6th District of Fulton County, Georgia; running thence in a southwesterly direction along the southeast lines of Land Lots 360 and 361 to the southwest corner of Land Lot 361, which point is on the line dividing the 6th and 18th Districts of Fulton County, Georgia; thence in a southeasterly direction along said District line to its point of intersection with the south line of Land Lot 362; thence in a westerly direction along the south lines of Land Lots 362 and 385 of the 18th District and Land Lots 25, 29, and 78 of the 17th District of Fulton County, Georgia, to the point of intersection o fthe south line of Land Lot 78 with the eastern bank of the Chattahoochee River; thence in a south westerly and easterly direction and following the curvature of the said Chattahoochee River and along the southern bank of said river to the point of intersection of the southern bank of the Chattahoochee River with the northern corporate limits of the City of Atlanta, as they existed on January 1, 1966; thence running in an easterly direction along
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the northern corporate limit lines of the City of Atlanta, as they existed on January 1, 1966, to the intersection of said northern corporate limit lines and the dividing lines between Pulton and DeKalb Counties, the same being the point of beginning."
Section 2-a. The corporate limits of the City of Atlanta are hereby enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta as they existed on January 1, 1966, to be a part of Ward 7 of the City of Atlanta, all of the following described territory:
In the County of Pulton, State of Georgia:
BEGINNING at the point on the present City Limits of the City of Atlanta which is common to Land Lots 14, 15, 23 and 24 of the 14th District P. P. Fulton County, Georgia; thence westerly along the northern line of Land Lot 24 to the northwest corner of said Land Lot; thence south along the line dividing Land Lots 24 and 51 to a point 1210 feet north of the southeast corner of Land Lot 51; thence west, parallel to and at a distance of 1210 feet north of the south line of said Land Lot, to the west line of said Land Lot; thence south along the line dividing Land Lots 51 and 57 and Land Lots 50 and 58, to the intersection of said Land Lot line with the north boundary of Bakers Ferry Road; thence southwest along the western and northern boundary line of Bakers Ferry Road 890 feet, more or less, to the corner of the property now owned by the State of Georgia, and known as the Georgia Training School for Girls; which point is likewise a corner of Fulton Industrial District as per the original boundary survey thereof by E. Boggus, Civil Engineer, on file in the office of the Director of Public Works of Fulton County; thence continuing southwest along the northwesterly line of Bakers Perry Road 600 feet to a point; thence west along the boundary line of said Fulton Industrial District 400 feet to a point; thence con tinuing south along said boundary line 200 feet to a point; thence southwest along said boundary line 300 feet to a point opposite the southwest corner of the intersection between Bakers Ferry Road and Boulder Park Drive, and at a distance of 250 feet northwest of Bakers Ferry Road; thence southeast 50 feet; thence southwest parallel to and at a distance of 200 feet north of Bakers Perry Road a distance of 50 feet to a point; thence southeast, forming an interior angle of 90 degrees, a distance of 200 feet to the north side of Bakers Ferry Road; thence northeasterly along Bakers Ferry Road to a point on the north side of Bakers Ferry Road which is opposite the intersection of Bakers Ferry Road with the southwest corner of Boulder Park Drive; thence southeasterly and easterly along the south property line of Boulder Park Drive to a point 660 feet west of the northeast corner of Land Lot 59; thence south on a line parallel to and at a distance of 660 feet west of the east line of Land Lot 59, a distance of 660 feet to a point; thence east on a line parallel to and at a distance of 660 feet south of south property line of Boulder Park Drive, a distance of 660 feet to a point on the east line of Land Lot 59, which point is 660 feet south of the northeast corner of said Land Lot 59; thence south along the line dividing Land Lot 59 from Land Lot 49 to the southwest corner of Land Lot 49; thence east along the south line of Land Lot 49 to its point of intersection with the northeast right-of-way of the Atlantic Coast Line Railroad (branch line); thence southeasterly, southerly and southeasterly
WEDNESDAY, FEBRUARY 16, 1966
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along the right-of-way of said railroad to its point of intersection with the west line of the right-of-way of the main line of the ACL Railroad, said point of intersection being located in Land Lot 10 of the 14th District FP., now Fulton County; thence northeasterly and northerly along the western right-of-way line of said main line of the ACL Rail road to its point of intersection with the southern boundary line of Sewell Road, said intersection being located in Land Lot 12 of the 14th District F.F., now Fulton County; thence easterly and southeasterly along the southerly side of Sewell Road to the present city limits of the City of Atlanta in Land Lot 246 of the 14th District of Fulton County; thence northeasterly, easterly, northerly, westerly, southerly, westerly and northerly along the present city limits of the City of Atlanta to the point of beginning.
Section 3. Said described territories shall become a part of the City of Atlanta effective 12:01 A.M. on the first day of January, 1967.
Section 4. When the territory described in Section 2 or Section 2-a above becomes a part of the City of Atlanta, it shall likewise become a part of the independent school system of Atlanta and school property located within said territory shall become the property of said City.
Section 5. Said described territory in Section 2 shall be designated as Ward #9 of the City of Atlanta and said Ward shall include all of the territory annexed to the City of Atlanta by Section 2 of this Act.
Section 6. The provisions of the charter of the City of Atlanta as found in Section 4.3.1 of Volume I of the 1965 Code of the City of At lanta, as amended, (Ga. Laws 1952, p. 2635) is hereby further amended by striking thw words, "eight" and "1954" from the second line thereof and substituting therefor the words, "nine" and "1967" so that said section when so amended shall read part as follows:
"Effective January 1, 1967, the number of wards in the City is hereby fixed at nine and divided and constituted as follows ..."
Section 7. That Section 6.1.2 of Volume I of the 1965 Code of Ordi nances of the City of Atlanta (Ga. Laws 1952, p. 2635) be and the same is hereby amended by striking therefrom the word "eight" and substituting the word "nine" from the first sentence of said section, so that said first sentence of said section shall read as follows:
"The board of education of the City of Atlanta shall consist of one member from each of the nine wards of the city, who shall be a resident of the ward and in addition thereto there shall be elected one member from the city at large."
Section 8. All powers and authority of the City of Atlanta under its charter and ordinances and all laws appertaining to said city as a municipality are hereby extended over and made effective in every part of the territory included within the limits above described. The power and authority of the officers of the city are made coextensive with the limits as extended by this Act; and all other rights and powers
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necessary to carry out and enforce the laws and ordinances governing said City of Atlanta, the power of taxing property and regulating business; to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due, as now prescribed by charter and the laws and ordinances of the City of Atlanta, are extended to all the limits included under the terms of this Act. The power of the police department, city tax assessors and receivers, building inspector, trea surer, clerk of council, recorder, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, the laws and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and is bound for the payment of such bonds equally with the other territory comprising the City of Atlanta.
Section 9. The legal title to all real property owned by Fulton County within the areas described in Section 2 and Section 2-a herein, which is dedicated to the public purposes of said Fulton County, save and except those properties dedicated to use as facilities of the Health Department, and subject to approval of this Act by referendums, shall, on January 1, 1967, pass to the City of Atlanta with all rights and appurtenances thereto and subject to all liens and encumbrances there on, unless conveyed by deed to said City of Atlanta at an earlier date. If no earlier conveyance is made, the proper authorities of Fulton County are directed to execute and deliver to the City of Atlanta on January 1, 1967, or as soon thereafter as practicable, such legal papers as are necessary to transfer the title of said property to the City of Atlanta, but such papers shall not be necessary to constitute conveyance of the legal title.
Section 10. It shall be the duty of the Mayor and Board of Alder men to call an election within the area designated in Section 2 hereof on the Tuesday next following the first Monday in November, 1966 for the purpose of electing two aldermen and one member of the Board of Education to represent said ward on the Board of Aldermen and the Board of Education until their successors shall have been duly elected at the next general election to be held in and for the City of Atlanta, as provided by the charter of said City. The members of the municipal governing authority added by this amendment must be elected by a majority vote of the qualified voters within the area described in said Section 2 of this Act who vote in said election.
Section 11. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Fulton County to issue the call for an election for the purpose of submitting this Act to the voters of each of the areas described in Sections 2 and 2-a hereof for separate aproval or rejection. The call for such election shall be issued by the Ordinary of Fulton County sometime during the month of March, 1966. The Ordinary of Fulton County shall set the date of such election for the second Wednesday in May, 1966. The Ordinary of Fulton County shall cause the date and purpose of the election to be published once a week for two weeks im mediately preceding the date thereof, in the official organ of Fulton County. The ballot shall have written or printed thereon the words:
WEDNESDAY, FEBRUARY 16, 1966
2023
1.
"For approval of the Act changing the corporate limits of the City of Atlanta by adding thereto a new area commonly known as the 'Sandy Springs Area'; and the election of two aldermen and a member of the Board of Education for said area."
"Against approval of the Act changing the corporate limits of the City of Atlanta by adding thereto a new area commonly known as the 'Sandy Springs Area'; and the election of two aldermen and a member of the Board of Education for said area."
2.
"For approval of the Act changing the corporate limits of the City of Atlanta by adding thereto a new area commonly known as the 'Adamsville Area'; and its inclusion in the 7th Ward of the City of Atlanta."
"Against approval of the Act changing the corporate limits of the City of Atlanta by adding thereto a new area commonly known as the 'Adamsville Area'; and its incusion in the 7th Ward of the City of Atlanta."
All persons desiring to vote in favor of this Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. All persons registered to vote in the areas described in Section 2 or Section 2-a more than thirty (30) prior to said referendum shall be qualified to vote in the referendum election in their respective areas. The votes of the persons in the areas described in Section 2 and 2-a hereof shall be counted separately. In the event a majority of those persons voting in such referendum election vote in favor of questions 1 and 2 in the areas described in Section 2 and 2-a, this Act shall become of full force and effect as to both areas, or as to either area which received a majority vote in said election. If either or both of said questions shall not be approved as provided above, this Act shall be void and of no force and effect as to the area disapproved.
Section 12. Upon approval by a majority of the persons voting in said referendum election in either or both areas described as to either or both such areas, it shall then be the duty of the Mayor of the City of Atlanta to appoint a committee for each area in which the referendum election is approved, such committees to be composed of ten persons, five of whom shall be residents of the areas involved, which committees shall serve as advisory bodies to implement and bring about an orderly transition of the governmental functions of the described territories into the City of Atlanta. Said committees shall serve without pay and shall be reimbursed for necessary travel and clerical expenses by the City of Atlanta.
Section 13. All laws and parts of laws in conflict herewith are hereby repealed.
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Mr. Levitas of the 118th moved the previous question.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Alexander Alien Anderson Barber Bean Black Blair Brinkley Brown, C. Bryant Byrd Caldwell Carley Carnes Carr Clarke, H. G. Collins, M. Colwell Conger Cook Crowe Dailey Daugherty Davis Dean Dillon Dixon Dollar Dorminy Drew Duncan Egan Etheridge Even sen Farrar Fulford Funk Gary Gignilliat Grier
Hale Hamilton Harrell Harrington Harris, J. R. Herndon Holder Hood Howard Hutchinson Irvin Johnson, A. S. Dr. Jones, C. M. Jones, G. Paul Jordan, Ben C. Kiley Knapp Knight Lambros Lee, W. J. (Bill) Lee, W. S. Leonard
Levitas Lewis Longino Lovett Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Moore, J. H. NeSmith, J. D.
Newton, A. S.
Oglesby Pafford Palmer Paris Parrish Peterson Phillips Powers Reaves Reid Roach Russell Savage Sherman Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Spikes Stalnaker Steis Stewart Sweat Taylor Thomas Townsend Tucker Underwood Vaughn, C. R. Walling Ware Wells Wiggins Williams, G. J. Wilson, R. W.
Those voting in the negative were Messrs.:
Floyd Hawkins Henderson Higginbotham Hill
Houston Moore, Don C. Overby Rainey Stovall
Starnes Webb Westlake
WEDNESDAY, FEBRUARY 16, 1966
2025
Those not voting were Messrs.:
Abney Adams Bagby Barfield Bedgood Bennett Berry Blalock Bo wen Brackin Brantley Brown, B. D. Brown, M. P. Busbee Gates Chandler Clark, J. T. Collins, J. F. Conner Cox DeLong Dickinson Doster Elliott Fleming
Gaissert Gaynor Grahl Hadaway Harris, J. F. Harris, R. W. Harrison Howell Hull Johnson, B. Jones, M. Jordan, W. H. Lambert Land Lane Lea, F. R. Lovell Lowrey Maddox Mixon Murphy Nessmith, P. Newton, D. L. Odom Otwell
Parker Pickard Richardson Ross Rowland Rush Shields Smith, A. B. Smith, J. R. Snow Spillers Story Sullivan Thompson, A. W. Thompson, R. Tye Vaughan, D. N. Watkins Watson Williams, W. M. Wilson, J. M. Wood Mr. Speaker
On the motion, the ayes were 118, nays 13.
The motion prevailed and the previous question was ordered.
Mr. Levitas of the 118th moved that the House adopt the report of the Committee of Conference on HB 86.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Barber Blair Blalock Bowen Brinkley Brown, C.
Bryant Byrd Caldwell Carley Carnes Carr Clarke, H. G. Clark, J. T. Collins, M.
Colwell Conger Cook Crowe Daugherty Davis Dean Dillon Dixon
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Dollar Doster Drew Egan Etheridge Farrar Fulford Funk Gary Gaynor Gignilliat Hadaway Hamilton Harrell Harrington Harris, J. R. Herndon Holder Howard Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Kiley Knapp
Knight Lambros Land Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lovell Lovett Malone Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell Merritt Minge Moore, J. H. NeSmith, J. D. Newton, A. S. Oglesby Overby Pafford Palmer Paris Parrish
Peterson Phillips Pickard Powers Reaves Roach Rowland Russell Savage Sims Smith, G. L. II Smith, W. L. Snellings Spikes Stalnaker Steis Stewart Sweat Thomas Townsend Tucker Underwood Vaughn, C. R. Walling Ware Wells Wiggins Williams, G. J.
Those voting in the negative were Messrs.:
Bean Black Dailey Evensen Floyd Gaissert Hawkins
Henderson Higginbotham
Hill Hood Houston Longino Matthews, D. R.
Moore, Don C. Rainey Simkins Starnes Stovall Taylor Westlake
Those not voting were Messrs.:
Alien Anderson Bagby Barfield Bedgood Bennett Berry Brackin Bran tley Brown, B. D. Brown, M. P.
Busbee Gates Chandler Collins, J. F. Conner Cox DeLong Dickinson Dorminy Duncan Elliott
Fleming Grahl Grier Hale Harris, J. F. Harris, R. W. Harrison Howell Hull Jones, M. Jordan, W. H.
WEDNESDAY, FEBRUARY 16, 1966
2027
Lambert Lane
Lea, F. R. Lowrey Maddox Melton
Mitchell Mixon Murphy Nessmith, P. Newton, D. L.
Odom Otwell
Parker Reid
Richardson Ross Rush Sherman
Shields Smith, A. B. Smith, J. R. Smith, V. T. Snow
Spillers Story
Sullivan Thompson, A. W.
Thompson, R. Tye Vaughan, D. N. Watkins
Watson Wehb Williams, W. M. Wilson, J. M. Wilson, R. W.
Wood Mr. Speaker
On the motion to adopt, the ayes were 111, nays 21.
The motion prevailed and the report of the Committee of Conference on HB 86 was adopted.
Under the general order of business established by the Committee on Rules, the following resolution of the Senate was taken up for consideration and read the third time:
SR 15. By Senators Gillis of the 20th, Rowan of the 8th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the establishment of a uniform method of assessment of farm and forest lands which shall be based upon the capability of such land to produce farm and forest crops; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following:
"The General Assembly shall have the power to provide by law for the establishment of a uniform method of assessment of farm and forest lands, which shall be based upon the capability of such lands to produce farm and forest crops rather than upon the amount of farm or forest crops growing thereon; provided, however, any laws enacted by the General Assembly pursuant to this authority shall only be applicable to unzoned property and property zoned for agricultural purposes."
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so that when so amended Article VIII, Section I, Paragraph III shall read as follows:
"Paragraph III. Uniformity; classification of property. All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. Classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible per sonal property including money. The General Assembly shall have the power to classify property including money for taxation, and to adopt different rates and different methods for different classes of such property. Notwithstanding anything to the contrary con tained in this paragraph, the General Assembly shall be authorized to enact legislation treating any and all motor vehicles including trailers, as a separate class from other classes of tangible property for ad valorem property tax purposes, and to adopt different rates, methods or assessment dates for the taxation of such property, and to enact legislation consistent herewith to prevent and person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said motor vehicles. The General Assembly shall have the power to provide by law for the establishment of a uniform method of assessment of farm and forest lands, which shall be based upon the capability of such lands to produce farm and forest crops rather than upon the amount of farm or forest crops growing thereon; provided, however, any laws enacted by the General Assembly pursuant to this authority shall only be ap plicable to unzoned property and property zoned for agricultural purposes."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 Assembly to provide by law for the establishment of a uniform method of assessment of
NO ( ) farm and forest lands which shall be based upon the capability of such land to produce farm and forest crops?"
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
WEDNESDAY, FEBRUARY 16, 1966
2029
State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following substitute, offered by Mr. Wiggins of the 32nd, was read:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for the exemption from taxation of standing trees, until severed from the realty, to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking the period (.) at the end of the first paragraph of Paragraph IV and inserting in lieu thereof the following:
", and including standing trees until severed from the realty." so that when so amended the first paragraph of Paragraph IV shall read as follows:
"Paragraph IV. Exemptions from taxation.--The General As sembly may, by law, exempt from taxation all public property, places of religious groups used only for residential purposes and from which no income is derived; all institutions of purely public charity; all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of, religious, educational and charit able institutions, no part of the net profit from the operation of which can inure to the benefit of any private person; all buildings erected for and used as a college, incorporated academy or other seminary of learning, and also all funds or property held or used as endowment by such colleges, incorporated academies or seminaries of learning, provided the same is not invested in real estate; and provided further that said exemptions shall only apply to such colleges, incorporated academies or other seminaries of learning as are open to the general public; provided further, that all endow ments to institutions established for white people, shall be limited to white people, and all endowments to institutions established for colored people, shall be limited to colored people, the real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and statuary of any company or association, kept in a public hall and not held as merchandise or for purposes of sale or gain; provided the property so exempted be not used for the purpose of private or corporate profit and income, distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property is used exclusively for religious, educa tional and charitable purposes, or for either one or more of such
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purposes and for the purpose of maintaining and operating such institution; this exemption shall not apply to real estate or buildings other than those used for the operation of such institution and which is rented, leased or otherwise used for the primary purpose of securing an income thereon; and also provided that such donations of property shall not be predicated upon an agreement, contract or otherwise that the donor or donors shall receive or retain any part of the net or gross income of the property. The General As sembly shall further have power to exempt from taxation, farm products, including baled cotton grown in this State and remaining in the hands of the producer, but not longer than for the year next after their production, and including standing trees until severed from the realty."
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 Assembly to provide law for the exemp-
NO ( ) tion from taxation of standing trees until severed from the realty?"
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.
Mr. Floyd of the 7th moved that SR 15 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 Adams Alexander
Anderson Bagby Bean
Berry Blalock Bowen
WEDNESDAY, FEBRUARY 16, 1966
2031
Brinkley Brown, B. D. Brown, C. Carley Carnes Gates Colwell Conger Cook Cox Daugherty Davis Dickinson Dillon Egan Etheridge Evensen Farrar Fleming Floyd Gary Grahl Grier Hadaway
Hamilton Harrell Harris, J. F. Harris, J. R. Hawkins Higginbotham Hill Hood Howard Johnson, A. S. Dr. Johnson, B. Jordan, Ben C. Lambros Lea, F. R. Lee, W. S. Leonard Levitas Longino Maddox Malone Marshall McClatchey McDaniell Mitchell
Moore, Don C. Moore, J. H. Overby Palmer Pickard Roach Ross Smith, J. R. Smith, V. T. Spillers Story Stovall Taylor Townsend Tucker Vaughn, C. R. Walling Watson Webb Wells Westlake Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Alien Barber Barfield Black Blair Brantley Bryant Byrd Caldwell Carr Clarke, H. G. Clark, J. T.
Collins, J. F. Collins, M. Conner Crowe Dailey DeLong Dixon Dorminy Doster Drew Duncan Elliott Fulford Funk
Gaissert Gaynor Gignilliat Harrington Harris, R. W. Harrison Herndon Holder Houston Howell Hutchinson Jones, C. M. Jones, G. Paul Jordan, W. H. Kiley Knapp
Knight Lambert Land Lane Lewis Lovell Lovett Lowrey Matthews, D. R. Mauldin
McCracken Melton Minge Mixon Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Pafford Parker Parrish
Peterson Phillips Powers Rainey Reaves Richardson Rowland Rush Russell Savage
Sherman Sims Simkins Smith, A. B. Smith, G. L. II
2032
Smith, W. L. Snellings Spikes Stalnaker Starnes
JOURNAL OF THE HOUSE,
Steis Stewart Sweat Thomas Tye
Underwood Ware Watkins Wiggins Williams G. J.
Those not voting were Messrs.:
Bedgood Bennett Brackin Brown, M. P. Busbee Chandler Dean Dollar Hale Henderson
Hull Irvin Jones, M. Lee, W. J. (Bill) Matthews, C. Merritt Murphy NeSmith, J. D. Odom Otwell
Paris Reid Shields Snow Sullivan Thompson, A. W. Thompson, R. Vaughan, D. N. Wilson, J. M. Mr. Speaker
On the motion, the ayes were 81, nays 93.
The motion to table was lost.
An amendment offered by Mr. Games of the 129th was read and withdrawn. An amendment offered by Mr. Palmer of the 117th was read and lost.
An amendment offered by Mr. Vaughn of the 117th was read and lost.
The following amendment was read and adopted:
Messrs. Conger and Dollar of the 89th move to amend floor sub stitute to SR 15 by adding after the first semi-colon in paragraph IV of Article VII, Section I of the Constitution the following language:
"The Homestead of each resident of Georgia actually occupied by the owner as residence and homestead."
and by changing the question on the ballot to include this additional proposed change.
The substitute, as amended, was adopted.
WEDNESDAY, FEBRUARY 16, 1966
2033
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute, as amended.
On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Alien Barfield Bedgood Blair Brantley Bryant Byrd Carr Chandler Clarke, H. G. Collins, J. F. Collins, M. Conger Conner Crowe Dailey Dean Dixon Dollar Dorminy Doster Drew Duncan Elliott Fulford Funk Gaissert Gaynor Gignilliat Harrell
Harrington Harris, R. W. Harrison Herndon Holder Howell Hutchinson Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lambert Land Lane Lewis Lovell Lovett Lowrey Maddox Matthews, D. R. Mauldin McCracken Melton Minge Mixon Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S.
Newton, D. L. Pafford Parker Parrish Peterson Powers Rainey Reaves Rowland Rush Russell Sherman Simkins Smith, A. B. Smith, G. L. II Smith, W. L. Snellings Spikes Starnes Steis Stewart Sullivan Sweat Thomas Tye Underwood Ware Watkins Wiggins Williams, G. J.
Those voting in the negative were Messrs.:
Adams Alexander Anderson Bagby Bean Bennett Berry Bowen Brinkley
Brown, B. D. Brown, C. Caldwell Carley Games Gates Cook Daugherty DeLong
Dickinson Dillon Egan Etheridge Evensen Farrar Fleming Floyd Gary
2034
JOURNAL OF THE HOUSE,
Grahl Grier Hadaway Hamilton Harris, J. P. Harris, J. R. Hawkins Higginbotham Hill Hood Houston Howard Johnson, A. S. Dr. Johnson, B. Jordan, Ben C. Lambros Lea, P. R. Lee, W. S. Leonard
Levitas Longino Malone Marshall Matthews, C. McClatchey McDaniell Mitchell
Moore, Don C. Murphy Overby Palmer Paris Pickard Reid Richardson Roach Shields Smith, J. R.
Smith, V. T. Spillers Stalnaker Story Stovall Taylor Thompson, A. W. Thompson, R. Town send Tucker Vaughn, C. R. Walling Watson Wells Westlake Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Barber Black Blalock Brackin Brown, M. P. Busbee Clark, J. T. Colwell Cox Davis
Hale Henderson Hull Irvin Knight Lee, W. J. (Bill) Merritt Odom Oglesby Otwell
Phillips Ross Savage Sims Snow Vaughan, D. N.
Webb Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, by substitute, as amended, the ayes were 92, nays 83.
The Resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.
Mr. Hale of the 1st requested that he be recorded as having voted "aye" on the adoption of SR 15, by substitute, as amended.
Messrs. Irvin of the llth, Ross of the 21st, Odom of the 79th, Sims of the 131st and Otwell of the 10th requested that they be recorded as having voted "nay" on the adoption of SR 15, by substitute, as amended.
Mr. Oglesby of the 92nd requested that he be recorded as having voted "aye" on the adoption of SR 15, by substitute, as amended.
The Speaker announced the House recessed until 2:15 o'clock this afternoon.
WEDNESDAY, FEBRUARY 16, 1966
2035
AFTERNOON SESSION
The Speaker called the House to order.
Messrs. Chandler and Harrington of the 47th presented the Choir of the Woman's College of Georgia, who rendered several selections.
The following Resolution and Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HR 164-364. By Messrs. Pickard, Jones and Brinkley of the 112th and others:
A Resolution proposing an amendment to the Constitution so as to create the Columbus and Muscogee County Building Commission, and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Municipal Government moves to amend HR 164-364 as follows:
By striking from the title thereof the following:
"and for use by such other agencies, authorities, departments, and political subdivision of the State of Georgia or of the United States of America, as may contract with the Commission for the use of such facilities;", and
"and other agencies, authorities, departments, and political subdivisions of the State of Georgia",
and "or of any other political subdivision of the State of Georgia".
By striking from Paragraph 1. in Section 1 the following:
"and for use by such other agencies, authorities, departments, and political subdivisions of the State of Georgia and of the United States of America as may contract with the Commission for the use of such facilities,".
By striking from Paragraph 3. (b) in Section 1 the following:
2036
JOURNAL OF THE HOUSE,
"and buildings and facilities intended for use by any division, department, institution, authority, agency, or political subdivision of the State of Georgia of the United States of America."
By striking from Paragraph 4. (c) in Section 1 the following:
"and for use of any division, department, institution, authority, agency, or political subdivision of the State of Georgia or of the United States of America, and all divisions, departments, institu tions, authorities, agencies, municipalities, counties, and political subdivisions of the State of Georgia are hereby authorized to enter into such contracts, leases, or agreements with the Commission upon such terms and for such purposes as they determine to be advisable;"
and
"and to any divison, department, institution, agency, authority, or political subdivison of the State of Georgia",
and
"and any division, department, institution, agency, authority, or political subdivision of the State of Georgia may obligate itself to pay an agreed sum for the use of such property".
By striking Paragraph 5 in Section 1. in its entirety and inserting in lieu thereof a new Paragraph 5 to read as follows:
'"5. Credit Not Pledged And Debt Not Created By Bonds. Revenue bonds issued under the provisions hereof shall not con stitute a debt or a pledge of the faith and credit of the State of Georgia, the City of Columbus, or Muscogee County, but such bonds shall be payable from the rentals, revenues, earnings, and funds of the Commission as provided in the resolution and trust agreement or indenture authorizing the issuance and securing the payment of such bonds, and the issuance of such bonds shall not directly, indirectly, or contingently obligate the state or said city or county to levy or pledge any from of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the state or of said city or county, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth sub stantially the foregoing provisions of this section. However, said county or municipality may obligate itself to pay the amounts re quired under any contract entered into with the Commission from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section, and from any other source, and the obligation to make such payments shall constitute a general obliga tion and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of the Constitution of the State of Georgia, Art VII, Section VII, Paragraph I; and when such obligation is made to make such
WEDNESDAY, FEBRUARY 16, 1966
2037
payments from taxes to be levied for that purpose, then the obliga tion shall be mandatory to levy and collect such taxes from year to year in amount sufficient to fulfill and fully comply with the terms of such obligation.' "
By striking from Paragraph 9 in Section 1. the following:
"The petition for validation shall be brought against said Commission, and in the event the payments to be made by any department or agency of the United States of America, if such department or agency is subject to be sued, or by any municipality, county, authority, instrumentality, or political subdivision of the State of Georgia under a contract entered into between the Com mission and such other contracting party are pledged as security for the payment of the revenue bonds sought to be validated, such other contracting party or parties shall also be made a party or parties defendant, and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be adjudicated to be in all respects valid and binding upon such contracting parties.' ",
and inserting in lieu thereof the following:
"The petition for validation shall be brought against said Commission and any municipality, county, and such other contract ing party pledged as security for the payment of the revenue bonds sought to be validated, as defendants, and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be adjudicated to be in all respects valid and binding upon such contracting parties."
Mr. Pickard of the 112th moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 140, nays 0.
The Senate amendment to HR 164-364 was agreed to.
HB 129. By Mr. Rush of the 75th:
A Bill to be entitled an Act to amend an Act so as to change the method of compensating the solicitor, the clerk and the sheriff of the City Court of Reidsville, and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Municipal Government moves to amend HB 129 by striking Section 4 in its entirety and inserting in lieu thereof the following:
2038
JOURNAL OF THE HOUSE,
"The provisions of this Act shall become effective December 31, 1966."
Mr. Rush of the 75th moved that the House disagree to the Senate amendment.
The motion prevailed and the House disagreed to the Senate amendment to HB 129
HB 70. By Mr. Rush of the 75th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of Superior Court of Tattnall County, known as the fee system; and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Muncipal Government moves to amend HB 70 by striking Section 6 in its entirety and inserting in lieu thereof the following:
"The provisions of this Act shall become effective December 31, 1968."
Mr. Rush of the 75th moved that the House disagree to the Senate amend ment.
The motion prevailed and the House disagreed to the Senate amendment to HB 70.
Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 346-770. By Mr. Matthews of the 94th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize State taxation for school lunch 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:
WEDNESDAY, FEBRUARY 16, 1966
2039
SECTION 1
Article VII, Section II, Paragraph I of the Constitution, relating to the purposes for which State tax may be levied, is hereby amended by adding at the end thereof the following:
"10. For school lunch purposes."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 NO ( ) State taxation for school lunch purposes?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The 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.:
Adams Alexander Alien Bagby Barber Barfield
Bean Bedgood Bennett Black Blair Blalock
Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant
2040
Carley Carnes Carr Chandler Clarke, H. G. Clark, J. T. Coiling, J. F. Colwell Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dorminy Doster Drew Duncan Evensen Fulford Funk Gaissert Gaynor Gignilliat Grier Hadaway Hale Hamilton Harrington Harris, J. R. Harris, R. W. Harrison Henderson Herndon Higginbotham Hood
JOURNAL OF THE HOUSE,
Houston Howard Hutchinson Johnson, A. S. Dr. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambros Land Lea, F. R. Lee, W. S. Lovell Lovett Malone Matthews, D. R. Mauldin McCracken Melton
Merritt Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, D. L. Odom Oglesby Otwell Overby Palmer Paris Parrish Peterson Phillips
Powers Rainey Reaves Reid Richardson Rowland Rush Russell Savage Sherman Sims Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Spillers Stalnaker Stewart Stovall Sullivan Taylor Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughn, C. R. Walling Watkins Webb Westlake Wiggins Williams, G. J. Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Cook Farrar Gary Hill
Irvin Lee, W. J. (Bill) Lewis Matthews, C.
Moore, J. H. Parker Spikes Townsend
Those not voting were Messrs.:
Abney Anderson Berry
Bowen Brackin Busbee
Byrd Caldwell Gates
Collins, M. Conger Conner Cox Dollar Egan Elliott Etheridge Fleming Floyd Grahl Harrell Harris, J. F. Hawkins Holder Howell
WEDNESDAY, FEBRUARY 16, 1966
2041
Hull Johnson, B. Lambert Lane Leonard Le vitas Longino Lowrey Maddox Marshall McClatchey McDaniell Minge Nessmith, P. Newton, A. S. Pafford
Pickard Roach Ross Shields Snow Starnes Steis Story Sweat Thomas Vaughan, D. N. Ware Watson Wells Williams, W. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 135, nays 12.
The Resolution, having failed to received the requisite two-thirds constitution al majority, was lost.
Mr. Matthews of Clarke moved that the House reconsider its action in failing to adopt HR 346-770.
The motion prevailed and the House reconsidered its action in failing to adopt HR 346-770.
HB 123. By Messrs. Odom, Busbee and Lee of the 79th:
A Bill to be entitled an Act to amend an Act so as to provide a limita tion on the amount of funds which may be received by Judges of the Superior Courts, Emeritus; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 Barber Barfield Bean Bedgood
Berry Black Blair Blalock Brackin
Brantley Bryant Busbee Clarke, H. G. Clark, J. T.
2042
Collins, J. T. Colwell Cook Crowe Dailey DeLong Dickinson Dixon Drew Duncan Egan Elliott Evensen Farrar Fleming Floyd Fulford Funk Gaissert Gaynor Gignilliat Grahl Hadaway Hale Hamilton Harrell Harrington Harrison Hawkins Herndon Higginbotham Hill Holder Hood Hutchinson Irvin
JOURNAL OF THE HOUSE,
Johnson, A. S. Dr. Jones, C. M.
Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knight Lambert Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lovett Lowrey Maddox Marshall Matthews, D. R. Mauldin Melton Merritt Mixon Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Palmer Paris Parker Parrish Phillips Pickard Powers
Rainey Reaves Reid Richardson Rowland Rush Russell Savage Shields Simkins Smith, A. B. Smith, J. R. Smith, W. L. Snellings Spikes Spillers Starnes Stewart Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Town send Tucker Tye Walling Watkins Webb Westlake Wiggins Williams, G. J. Wilson, R. W. Wood
Those voting in the negative were Messrs.
Anderson Bennett Brinkley Carley Dean
Harris, J. R. Henderson Jordan, Ben C. Lea, F. R. Malone
McClatchey Mitchell Steis Wilson, J. M.
Those not voting were Messrs.:
Abney Adams Alexander Bagby Bo wen
Brown, B. D. Brown, C. Brown, M. P. Byrd Caldwell
Games Carr Gates Chandler Collins, M.
WEDNESDAY, FEBRUARY 16, 1966
2043
Conger Conner Cox Daugherty Davis Dillon Dollar Dorminy Doster Etheridge Gary Grier Harris, J. F. Harris, R. W. Houston Howard Howell Hull
Johnson, B. Knapp Lambros Land Lane Leonard Longino Lovell Matthews, C. McCracken McDaniell Minge Moore, Don C. Moore, J. H. Nessmith, P. Pafford Peterson Roach
Ross Sherman Sims Smith, G. L. II Smith, V. T. Snow Stalnaker Story Sullivan Underwood Vaughan, D. N. Vaughn, C. R. Ware Watson Wells Williams, W. M. Mr. Speaker
On the passage of the Bill, the ayes were 122, nays 14,
The Bill, having received the requisite constitutional majority, was passed.
HB 752. By Messrs. Etheridge and Gates of the 123rd and others:
A Bill to be entitled an Act to amend an Act making it unlawful for any person to employ a minor where alcoholic beverages are sold in counties having a population of more than 500,000, and for other purposes.
The following amendment was read and adopted:
Mr. Smith of the 54th moves to amend HB 752 by striking from Section 1 in the second paragraph, beginning in the fourth line thereof, the following words:
"auditorium, theater or other structure to which the public generally is invited to attend events of an athletic, civic, or cultural nature, or is in any private club, restaurant, hotel or motel".
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:
2044
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.;
Abney Alexander Barber Barfield Bedgood Bennett Berry Black Blair Bo wen Brinkley Brown, B. D. Bryant Busbee Byrd Caldwell Carr Gates Chandler Clarke, H. G. Clark, J. T. Coiling, J. F. Collins, M. Colwell Conger Cook Crowe Dailey Davis Dean DeLong Dickinson Doster Drew Duncan Egan Elliott Etheridge Farrar Fleming Floyd Fulford Funk Gary Gaynor
Gignilliat Grahl Hadaway Hamilton Harrington Harris, R. W. Herndon Holder Hood Houston Howard Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Knight Lambert Land
Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Lovell Lovett Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken Melton Merritt Minge Mitchell Moore, Don C. Moore, J. H. NeSmith, J. D. Newton, A. S.
Oglesby Overby Pafford Palmer Paris Phillips Pickard Powers Rainey Reaves Reid Richardson Rowland Russell Savage Sherman Shields Simkins Smith, G. L. II Smith, J. R. Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Stewart Sullivan Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Walling Ware Watkins Watson Wiggins Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Adams Bean Blalock Brantley
Brown, C. Carley Carnes Evensen
Gaissert Harris, J. R. Hawkins Higginbotham
WEDNESDAY, FEBRUARY 16, 1966
2045
Hill Jordan, Ben C. Longino Murphy Odom
Otwell Peterson Rush Sims Smith, A. B.
Sweat Vaughn, C. R. Westlake
On the passage of the Bill, as amended, the ayes were 135, nays 25.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Lea of the 126th stated that he wished to be recorded in the Journal as voting "nay" on HB 752.
Mr. Dillon of the 128th stated that he was ill and not present when the roll call was ordered on HB 752, but had he been present, would have voted "nay", and wished to be so recorded in the Journal.
HB 530. By Messrs. Oglesby and Russell of the 92nd:
A Bill to be entitled an Act to amend an Act so as to provide for the purchase of uniforms for employees of the State Game and Fish Com mission, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Barber Barfield
Bedgood Bennett Berry Black Blair Brackin Brantley Brinkley Brown, B. D. Bryant
Busbee Byrd Carley Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Cook Crowe
Dailey Davis Dean DeLong Dickinson Dixon Doster Drew Egan Elliott Evensen Farrar Fleming Floyd
2046
JOURNAL OF THE HOUSE,
Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hale Harrington Harris, J. R. Hawkins Herndon Higginbotham Holder Hood Hutchinson Irvin Johnson, Dr. A. S. Jordan, Ben C. Jordan, W. H. Kiley Lambert Lane Lea, F. E. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lovell Lovett Lowrey Malone Marshall
Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Merritt Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Parker Parrish Peterson Phillips Pickard Powers Reaves Richardson Rush Savage Sherman Shields
Sims Smith, A. B. Smith, J. R. Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan
Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Alien Andersen Bagby Bean Blalock Bowen Brown, C. Brown, M. P. Caldwell Carnes Carr Cox Daugherty Dillon Dollar Dorminy
Duncan Etheridge Grahl Hadaway Hamilton Harrell Harris, J. F. Harris, R. W. Harrison Henderson Hill Houston Howard Howell Hull Johnson, B. Jones, C. M.
Jones, G. Paul Jones, M. Knapp Knight Lambros Land Longino Maddox McDaniell Moore, J. H. Paris Rainey Reid Roach Ross Rowland Russell
WEDNESDAY, FEBRUARY 16, 1966
2047
Simkins Smith, G. L. II Smith, V. T.
Spikes Tucker Underwood
Watkins Wilson, J. 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.
HE 347-789. By Mr. Smith of the 90th:
A Resolution authorizing the conveyance of a certain tract of Stateowned property to Grady 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 Adams Barber Barfield Bedgood Bennett Berry Black Blair Bowen Brantley Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Games Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F.
Collins, M. Colwell Conger Conner Cook Cox Crowe Dailey Davis Dean DeLong Dickinson Dillon Dixon Dollar Doster Drew Egan Elliott Evensen Farrar Floyd Fulford Funk Gaissert
Gary Gaynor Gignilliat Grier Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Hill Holder Hood Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul
2048
Jordan, W. H. Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lovell Lowry Maddox M alone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Merritt Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S.
JOURNAL OP THE HOUSE,
Newton, D. L. Odom Oglesby Otwell Overby Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Reaves Reid Richardson Ross Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow
Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan
Sweat Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Voting in the negative was Mr. Blaloek.
Those not voting were Messrs.:
Alexander Alien Anderson Bagby Bean Brackin Brown, C. Carr Daugherty Dorminy Duncan Etheridge Fleming
Grahl Hadaway Henderson Houston Howard Johnson, B. Jordan, Ben C. Jones, M. Kiley Knapp Knight Longino Lovett
McDaniell Moore, J. H. Pafford Rainey Roach Rowland Spikes Taylor Wells Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 166, nays 1.
WEDNESDAY, FEBRUARY 16, 1966
2049
The Resolution, having received the requisite constitutional majority, was adopted.
Mr. Blalock of the 33rd stated that he inadvertently voted "nay" on the adoption of the Resolution. He intended to vote "aye".
HB 475. By Messrs. Overby, Williams and Wood of the 16th:
A Bill to be entitled an Act to add one additional Judge of the Superior Court for 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 Alien Barber Barfield Berry Black Blair Bowen Brinkley Brown, B. D. Brown, M. P. Byrd Caldwell Carley Carr Chandler Clarke, H. G. Clark, J. T. Colwell Conger Crowe Dailey Daugherty Dean DeLong Dickinson Dollar Doster Duncan Egan Farrar
Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Hamilton Harrell Harrington Harris, J. F. Harrison Hawkins Herndon Holder Hood Houston Howell Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jordan, W. H.
Kiley Knight Lambert Land Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Lewis Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Odom
Oglesby Overby Palmer Paris Parker Parrish Peterson Phillips Pickard
2050
Powers Reaves Reid Ross Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T.
JOURNAL OF THE HOUSE,
Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Taylor Thomas Thompson, A. W. Thompson, R.
Town send Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Watkins Watson Webb Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Adams Alexander Anderson Bagby Bean Bedgood Bennett Blalock Brackin Brantley Brown, C. Bryant Busbee Games
Gates Collins, J. F. Collins, M. Conner Cook Cox Davis Dillon Dixon
Dorminy Drew Elliott Etheridge Evensen Grier Hadaway Hale Harris, J. R. Harris, R. W. Henderson Higginbotham Hill Howard Hull Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Knapp Lambros Lane Leonard
Levitas Longino McDaniell Mitehell Moore, J. H. Nessmith, P. Newton, D. L. Otwell Pafford Rainey Richardson Roach Smith, A. B. Smith, J. R. Smith, W. L. Snow Sweat Walling Ware Wells Westlake Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 323-733. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
A Resolution to compensate Mr. Wilbur G. Kurtz, Sr.; and for other purposes.
WEDNESDAY, FEBRUARY 16, 1966
2051
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Alien Bagby Barber Bean Bedgood Blair Blalock Brantley Brinkley
Brown, C. Brown, M. P. Bryant Byrd Carr Clarke, H. G. Clark, J. T. Collins, M. Colwell Conger Cook Crowe Dailey
Davis Dollar Doster Drew Duncan
Evensen Farrar Fulford Gaissert Gary Gaynor Gignilliat Grahl Hamilton
Harrell Harrington Harris, J. R. Holder Hood Houston Howell Hutchinson
Irvin Johnson, Dr. A. S. Jones, M. Jordan, W. H. Knight Lambert Lane Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Lovell
Lowrey Malone Marshall Matthews, C. Mauldin McClatchey McCracken Merritt Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom
Overby Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Reaves Rowland
Savage Sherman Shields Simkins Smith, G. L. II Smith, V. T. Snellings Snow Spillers Stalnaker Steis Stewart Story Sweat Thompson, A. W. Thompson, R. Tucker Vaughn, C. R. Walling Watkins
Watson Westlake Wiggins
Williams, G. J. Williams, W. M.
Those voting in the negative were Messrs.:
Adams Anderson Bennett Black
Carnes Daugherty Dickinson Dillon
Grier Hadaway Harris, R. W. Herndon
2052
Hill Howard Jones, G. Paul Kiley Le vitas Longino Minge
JOURNAL OF THE HOUSE,
Mitchell NeSmith, J. D. Oglesby Rainey Rush Russell Smith, A. B.
Smith, J. R. Smith, W. L. Starnes Taylor Wilson
Those not voting were Messrs.:
Abney Alexander Barfield Berry Bowen Brackin Brown, B. D. Busbee Caldwell Carley Gates Chandler Collins, J. F. Conner Cox Dean DeLong Dixon Dorminy Egan Elliott Etheridge
Fleming Floyd Funk Hale Harris, J. F. Harrison Hawkins Henderson Higginbotham Hull Johnson, B. Jones, C. M. Jordan, Ben C. Knapp Lambros Land Lea, F. R. Lovett Maddox Matthews, D. R. McDaniell Melton
Otwell Pafford Reid Richardson Roach Ross Sims Spikes Stovall Sullivan Thomas Townsend Tye Underwood Vaughan, D. N. Ware Webb Wells Wilson, J. M. Wood Mr. Speaker
On the adoption of the Resolution, the ayes were 108, nays 31.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 301-699. By Mr. Lambert of the 38th: A Resolution creating an interim study committee on traffic safety, and for other purposes.
The following Committee amendment was read and adopted: The Rules Committee moves to amend HR 301-699 by adding at
the end of the next to the last sentence the following language: "but for not more than ten (10) days".
WEDNESDAY, FEBRUARY 16, 1966
2053
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 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 348-789. By Mr. Hawkins of the 139th:
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.
Adams Alien Anderson Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brinkley Brown, C. Brown, M. P. Bryant Busbee
Byrd Carley Games Carr Gates Clarke, H. G. Collins, J. F. Collins, M. Colwell Conger Cook
Crowe D alley Davis Dean DeLong Dickinson Dillon Dixon Dollar Doster Drew Duncan Egan Evensen Fleming Fulford Gaissert Gary Gaynor NeSmith, J. D. Newton, A. S. Gignilliat Grahl Grier Hadaway Harrell Harris, J. R. Harris, R. W.
Harrison Hawkins Henderson Herndon Hill Howard Hutchinson Johnson, Dr. A. S. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kiley Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lowrey Malone Matthews, C. Mauldin McClatchey McCracken McDaniell
2054
Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Parrish Peterson Phillips Powers
JOURNAL OF THE HOUSE,
Rainey Reid Richardson Roach Rowland Rush Russell Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, W. L. Snellings Snow Stalnaker Starnes
Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tye Underwood Vaughn, C. R. Walling Watson Wiggins Williams, G. J. Wood
Voting in the negative were Messrs. Hood and P. Nessmith.
Those not voting were Messrs.:
Abney Alexander Bagby Bowen Brackin Brantley Brown, B. D. Caldwell Chandler Clark, J. T. Conner Cox Daugherty Dorminy Elliott Etheridge Farrar Floyd Funk Hale Hamilton
Harrington Harris, J. F. Higginbotham Holder Houston Howell Hull Irvin Johnson, B. Jones, C. M. Jones, M. Knapp Knight Lambert Lane Levitas Lovett Maddox Marshall Matthews, D. R. Mitchell
Newton, D. L. Paris Parker Pickard Reaves Ross Savage Smith, V. T. Spikes Spillers Tucker Vaughan, D. N. Ware Watkins Webb Wells Westlake Williams, W. M. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 139, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.
WEDNESDAY, FEBRUARY 16, 1966
2055-
HR 262-571. By Messrs. Clarke of the 45th and Chandler of the 47th:
A Resolution authorizing the disposal of that tract of land on which is presently located the Governor's Mansion, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Alien Anderson Bagby Barber Barfield
Bean Bedgood Bennett
Berry Black Blair Bowen Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd
Caldwell Carley Carnes Carr Chandler
Clarke, H. G. Conger Conner Cook Crowe Dailey Davis Dean DeLong Dillon Dixon Dollar
Dorminy Drew Duncan Egan Evensen Floyd Gaissert Gaynor Gignilliat Grahl Grier
Hadaway Hamilton Harrell Harrington Harris, J. R. Harris, R. W. Harrison Henderson
Hill Hood Howell Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jones M. Jordan, W. H.
Kiley Lambert Land Lane Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Lewis Lowrey Maddox
Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S.
Odom Oglesby Pafford Paris Parker Peterson Phillips Pickard Powers Rainey
Reid Richardson Rowland Rush Russell Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, W. L. Snellings
2056
Snow Spillers Stalnaker Starnes Steis Stewart Stovall Sweat
JOURNAL OF THE HOUSE,
Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tye Underwood Vaughn, C. R.
Walling Watkins Watson Westlake Wiggins Williams, G. J. Wilson, R. W.
Voting in the negative were Messrs. Lovell and Malone.
Those not voting were Messrs.:
Abney Blalock Brackin Brantley Gates Clark, J. T. Collins, J. F. Collins, M. Colwell Cox Daugherty Dickinson Doster Elliott Etheridge Farrar Fleming Fulford Funk Gary Hale Harris, J. F.
Hawkins Herndon Higginbotham Holder Houston Howard Hull Johnson, B. Jones, C. M. Jordan, Ben C. Knapp Knight Lambros Leonard Levitas Longino Lovett Matthews, D. R. Mitchell NeSmith, J. D. Newton, D. L. Otwell
Overby Palmer Parrish Reaves Roach Ross Savage Smith, J. R. Smith, V. T. Spikes Story Sullivan Tucker Vaughan, D. N. Ware Webb Wells Williams, W. M. Wilson, J. M. Wood Mr. Speaker
On the adoption of the Resolution, the ayes were 137, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.
Mr. Levitas of the 118th requested that he be recorded as having voted "aye" on the adoption of HR 262-571.
Under the general order of business established by the Committee on Rules, the following Resolutions of the House were again taken up for consideration
and read:
WEDNESDAY, FEBRUARY 16, 1966
2057
HR 166-371. By Messrs. Richardson of the 116th and Smith of the 3rd and Jones of the 109th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that a person shall be entitled to register and vote at any election by the people if he has resided in this State at least one hundred and eighty days, and in the county or municipality at least ninety days next pre ceding the election in which he offers to vote; to provide that a person otherwise qualified to vote and who has been domiciled in the State at least thirty but less than one hundred and eighty days prior to a presidential election may be permitted by law to vote for presidential and vice presidential electors if he is not eligible to vote for them elsewhere; to provide for secrecy in voting; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
The Constitution of Georgia is hereby amended by striking Article II in its entirety and inserting in lieu thereof a new Article II to read as follows:
Article II.
Elective Franchise
Section I.
Paragraph I. Elections by ballot.--All elections by the people shall be by ballot, or by such other method prescribed by law as shall preserve secrecy in voting.
Paragraph II. Qualifications of electors.--Every citizen of the United States who is eighteen years of age or over, who has been domiciled in the State at least one hundred and eighty days, and in the county or municipality at least ninety days, next pre ceding the election in which he offers to vote, who has registered in accordance with the requirements of law, and who possesses such other qualifications as the General Assembly may prescribe by law, is an elector entitled to vote in all elections by the people. A person who is otherwise qualified to vote under this Paragraph and who has been domiciled in the State at least thirty days, but less than one hundred and eighty days, prior to the date of a presidential election may be permitted by law to vote for presidential and vice presidential electors in such election if he is not eligible to vote for them elsewhere. No person, who is mentally incompetent, or who has been convicted of a crime connected with the exercise of the right of suffrage or of a felony under the laws of any State or of the United States, unless restored to civil rights, is entitled to register or vote.
2058
JOURNAL OF THE HOUSE,
Paragraph III. Privilege of electors form arrest.--An elector shall be privileged from arrest while going to, attending and re turning from elections, except in case of a felony or breach of the peace.
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 provide for different residence requirements for persons to
NO ( ) be eligible to vote in national, State, county and municipal elections, and to provide for secrecy in voting?"
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 floor substitute to HR 166-371 was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that a person shall be entitled to register and vote at any election by the people if he has resided in this State at least one year immediately preceding the election in which he seeks to vote, and shall have resided in the county in which he offers to vote in such election at least six (6) months immediately preceding such election, except that the Gen eral Assembly may provide shorter periods of State and county residence for persons to be allowed to vote for presidential and vice-presidential electors and shorter periods of county residence for persons to be allowed to vote for Governor and Lieutenant Governor; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
WEDNESDAY, FEBEUARY 16, 1966
2059
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Constitution of Georgia is hereby amended by striking Article II, Section I, Paragraph III and inserting in lieu there of a new Paragraph III to read as follows:
"Paragraph III. WHO IS ENTITLED TO REGISTER AND VOTE. To entitle a person to register and vote at any election by the people, he shall have resided in the State at least one year immediately preceding the election in which he seeks to vote and in the county in which he offers to vote in such election at least six (6) months immediately preceding such election, except that the General Assembly may provide, by general law, shorter periods of State and county residence for persons to register and vote for presidential and vice-presidential electors when such persons are not eligible to vote for them elsewhere, and may provide, by general law, shorter periods of county residence for persons to register and vote for Governor and Lieutenant Governor when such persons are not eligible to vote for them elsewhere."
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 allow the General Assembly to set different residence
NO ( ) requirements for persons to be eligible to vote in national elections and State elections?"
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 Bagby amendment, which was previously adopted, was withdrawn.
The floor substitute was adopted.
2060
JOURNAL OP THE HOUSE,
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
On the adoption of the Resoultion, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Carnes Carr Chandler Clarke, H. G. Colwell Conner Cook Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Doster Drew Duncan Egan Evensen Farrar
Fleming Floyd Fulford Gaissert Gary Gaynor Gignilliat Grahl Grier Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Higginbotham Hood Howell Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C.
Mauldin McCracken McDaniell Melton Merritt Minge Mitchell Moore, J. H. Murphy Nessmith, P. Newton, A. S. Oglesby Overby Pafford Palmer Paris Peterson Phillips Pickard Powers Reid Richardson Ross Rowland Rush Russell Sherman Shields Sims Simkins Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Story Sullivan Sweat Thomas Thompson, A. W. Thompson, R.
WEDNESDAY, FEBRUARY 16, 1966
2061
Townsend Tye Vaughn, C. R. Walling Watkins
Watson Wells Westlake Wiggins Williams, G. J.
Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Alien Anderson Bowen Collins, M. Conger
Dorminy Herndon Lee, W. S. Mixon Moore, Don C.
Odom Smith, A. B. Smith, J. R.
Those not voting were Messrs.:
Brackin Brantley Caldwell Gates Clark, J. T. Collins, J. F. Cox Elliott Etheridge Funk Hadaway Henderson Hill Holder Houston Howard
Hull Jordan, Ben C. Knapp Knight Lane Leonard Lovett Matthews, D. R. McClatchey NeSmith, J. D. Newton, D. L. Otwell Parker Parrish Rainey Reaves
Roach Savage Smith, G. L. II Smith, V. T. Spikes Stovall Taylor Tucker Underwood Vaughan, D. N. Ware Webb Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, by substitute, the ayes were 145, nays 13.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, by substitute.
HR 346-770. By Mr. Matthews of the 49th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize State taxation for school lunch purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
2062
JOURNAL OF THE HOUSE,
SECTION 1
Article VII, Section II, Paragraph I of the Constitution, relating to the purposes for which State tax may be levied, is hereby amended by adding at the end thereof the following:
"10. For school lunch purposes."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in 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 NO ( ) State taxation for school lunch 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 note "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The 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.
An amendment offered by Mr. Moore of the 20th was read and lost.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Alien
Anderson Bagby Barber
Barfield Bedgood Bennett
WEDNESDAY, FEBRUARY 16, 1966
2068
Berry Blair Blalock Bowen Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P.
Bryant Byrd Caldwell
Carley Carnes Carr
Gates Clarke, H. G. Colwell Conger Conner Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Duncan Elliott Evensen Floyd Gaissert Gignilliat Grahl Grier Hadaway Hale Hamilton
Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Herndon Higginbotham Holder Hood Houston Howard Howell Hutchinson Johnson, Dr. A. S. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knapp Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lovell Maddox Malone Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Mixon Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby
Paris Peterson Powers Rainey Reaves Reid Richardson Rowland Rush Russell Sherman Simkins Smith, G. L. II
Smith, J. R. Smith, W. L. Snow Spillers Stalnaker Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Wells Westlake Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.
Chandler Drew Farrar
Irvin Lane Moore, J. H.
Parker
Those not voting were Messrs.:
Abney Bean Black
Brackin Busbee Clark, J. T.
Collins, J. F. Collins, M. Cook
2064
Cox Egan Etheridge Fleming Fulford Funk Gary Gaynor Hawkins Hill Hull Johnson, B. Jones, C. M. Jones, M. Kiley Knight Leonard
JOURNAL OF THE HOUSE,
Levitas Lewis Longino Lovett Lowrey Marshall McClatchey Merritt Minge Mitchell Moore, Don C. NeSmith, J. D. Otwell Pafford Palmer Parrish Phillips
Pickard Roach Ross Savage Shields Sims Smith, A. B. Smith, V. T. Snellings Spikes Starnes Townsend Underwood Ware Webb Wiggins Mr. Speaker
On the adoption of the Resolution, the ayes were 137, nays 7.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Mr. Lewis of the 50th requested that he be recorded as having voted "aye" on the adoption of HR 346-770.
The following Resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:
HR 205-435. By Messrs. Williams, Wood and Overby of the 16th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the county school superintendent of Hall County shall he appointed by the Board of Education of Hall County; and for other purposes.
The following Senate amendment was read:
Senator Owens of the 49th moves to amend HR 205-435 as follows:
By adding at the end of the new paragraph provided for in Sec tion 1 the following:
"The county school superintendent shall possess the following additional qualifications:
WEDNESDAY, FEBRUARY 16, 1966
2065
(a) Minimum educational attainment of a Masters Degree, and (b) A minimum of five years teaching school, and (c) Shall not be related by blood or marriage to any Hall County School Board member.",
so that when so amended Section 1 shall read as follows:
"Section 1. Article VII, Section VI, Paragraph I of the Con stitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
'The county school superintendent of Hall County shall be appointed by the Board of Education of Hall County. The county school superintendent serving at the time of the ratification of this amendment shall continue to serve out that term of office to which he was elected. At the expiration of said term of office, the Board of Education of Hall County shall appoint a successor who shall serve at the pleasure of the board. The county school super intendent appointed by the Board of Education of Hall County shall be subject to all constitutional and statutory provisions relating to county school superintendents except those provisions which con flict with the provisions of this paragraph. The county school superintendent shall possess the following additional qualifications:
(a) Minimum educational attainment of a Masters Degree, and
(b) A minimum of five years teaching school, and
(c) Shall not be related by blood or marriage to any Hafl County School Board member.' "
Mr. Overby of the 16th moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 140, nays 0.
The Senate amendment to HR 205-435 was agreed to.
HR 200-423. By Messrs. Harris, Parrar, Walling and Levitas of the 118th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues of DeKalb County to provide systems of garbage disposal; and for other purposes.
The following Senate amendment was read:
Senator Johnson of the 42nd moves to amend HR 200-423 by strik ing the period following the word "county" in the quoted section of Section 1 and adding thereto the following language:
2066
JOURNAL OF THE HOUSE,
"exclusive of any incorporated municipality not wholly lying in DeKalb County."
Mr. Harris of the 118th moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 140, nays 0.
The Senate amendment to HR 200-423 was agreed to.
HR 42-55. By Mr. Johnson of the 25th:
A Resolution proposing an amendment to the Constitution so as to create the Elbert County Development Authority; and for other pur poses.
The following Senate amendment was read:
Senator Lee of the 47th moves to amend HR 42 as follows:
By striking in their entirety Subparagraphs (5) and (8) of Subparagraph B., quoted in Section 1 of said resolution, and substituting in lieu thereof new Subparagraphs (5) and (8) to read as follows:
"(5) To issue revenue bonds or obligations 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. L. 1937, pp. 761-774), as amended, with reference to the issuance of bonds and validation of same insofar as such pertain to the corporate purposes of the Authority;"
"(8) To encourage and promote the expansion and development of industrial, agricultural, recreational and trade facilities in Elbert County, and to make long-range plans therefor, 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 Elbert County suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, fabri cating plant, or any other type of structure, including all necessary and appurtenant lands and appurtenances thereto, and all neces sary or useful furnishings, machinery and equipment. Such acquisi tion may be through the acquisition of land and the construction thereon of a building, including the demolition of existing struc tures, 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
WEDNESDAY, FEBRUARY 16, 1966
2067
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;".
By striking in its entirety Subparagraph H., which Subparagraph is quoted in Section 1 of said resolution, and substituting in lieu thereof a new Subparagraph H. to read as follows:
"H. The governing authority of Elbert 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, including the use of such tax monies to meet debt service requirement for any bonds issued by the Authority, and all funds raised by such tax shall be paid and appropriated by Elbert County to the Au thority 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. Said County and Authority are hereby expressly granted the right and authority to enter into contracts pertaining to the levy of said tax and the uses thereof, as authorized hereunder and under Article VII, Section VI, Paragraph I of this Constitution;."
By adding at the end of Subparagraph (2) of Subparagraph 0. which is quoted in Section 1 of said resolution the following:
"; cost of retiring, refinancing or refunding any outstanding debt or other obligation of any nature incurred by the Authority in connection with any project, as well as any debt or other obli gation of an industrial development corporation heretofore or here after incurred in connection with any industrial or commercial development undertaking in Elbert County",
so that when so amended Subparagraph (2) of Subparagraph O. shall read as follows:
"(2) The term 'cost of project' shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and services ac quired and/or contracted for; the cost of financing charges and/or of interest prior to and during construction; architectural, ac counting, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses nec essary or incident 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; cost of retiring, refinancing or refunding any outstanding debt or other obligation of any nature incurred by the Authority in connection with any project, as well as any debt or other obligation of an industrial development corporation heretofore or hereafter incurred
2068
JOURNAL OF THE HOUSE,
in connection with any industrial or commercial development undertaking in Elbert County."
Mr. Johnson of the 25th moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 140, nays 0.
The Senate amendment to HE 42-55 was agreed to.
Mr. Brinkley of the 112th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.
THURSDAY, FEBRUARY 17, 1966
2069
Representative Hall, Atlanta, Georgia Thursday, February 17, 1966
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 Dr. D. Perry Ginn, Pastor First Baptist Church, Gainesville, Georgia.
Eternal God, our Heavenly Father, we pause in gratitude to thee for the privilege of living in a land where men are free, and for the opportunity that is ours of having a part in the shaping of the life of our state and nation.
We pray this morning for these men who have a special responsi bility for the civic welfare, health and security of our State. May thy Holy Spirit guide these Representatives that they may have a care only for what will promote good government, and create within them such a strong sense of duty that no self-interest shall turn them from it. Help us, each one, to do well the work which is ours to do, for the good of all.
This prayer is made in the name of Jesus Christ, thy Son and our Savior. Amen.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, 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 ol 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.
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JOURNAL OF THE HOUSE,
5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for Thursday, February 17, 1966, and submits the following:
SB 1. Prima facie evidence, wagering stamp SB 2. Jury Duty, persons exempt SB 11. Educational Improvement Council, amend SB 14. Bind by contract, age SB 19. Municipal tax, alcoholic beverages SB 25. Department of Public Safety, certain information SB 29. Motor vehicles, larceny of SB 33. Vehicle Parts Dealers, create SB 41. County Health Boards, powers SB 45. County Boards of Education, compensation SB 46. Board of Cosmetology, amend SB 68. Retirement, pension bills, when introduced SB 73. Grants for medical facilities SB 77. Board of Funeral Services, amend SB 78. Funeral Service, pre-need contracts SB 88. Certificated banks, incorporating SB 89. Private banks, amend code SB 90. Practice of Optometry, amend SB 92. Day Care Centers SB 93. Colonies of honeybees, inspection SB 97. Campus policemen, Board of Regents SB 115. Drawing of jurors, number SB 123. Public schools, instruct conservation SB 126. Court Bailiffs, compensation SB 127. Traffic Violation Bureau, est. by Judge SB 130. Compilation of tax returns
THURSDAY, FEBRUARY 17, 1966
2071
SB 135. Retirement System, public schools SB 182. Land Annexation, application SB 183. Fiscal Affairs Sub-Committee SR 11. Public transportation, governmental function
The Speaker shall have the right to call the above Bills and Reso lutions in any order which he may desire.
Respectfully submitted,
Busbee of the 79th,
Vice-Chairman.
Mr. Speaker:
Your Committee on Rules met and amended the calendar for Thurs day, February 17th, 1966, by adding the following thereto:
SB 5. Home Rule, referendum elections SB 6. Cancellation of executions SB 38. Searches and seizures, procedure SB 57. State Highway Department, amend SB 76. Eminent domain, non-residents SB 66. Teachers' Retirement System, amend SB 129. Appellate and post-trial procedure SB 136. Sufficiency of pleadings, time and place SB 137. Retirement System, future employees SB 141. Motor Vehicles, registration SB 144. Scholarship Commission, Executive Branch SB 145. Georgia Higher Education Assistance Corporation SB 157. Senior Judge, appoint jury clerk SB 158. Registered Pharmacists, dispense drugs SB 171. Rapid Transit Authority Act, amend SB 201. Statewide Probation Act, amend SR 25. Damaging private property, payment SR 27. Industry and Trade, certain facilities SR 55. Walter George Memorial SR 70. Georgia Ports Authority, agreement SR 80. Air Pollution Study Committee
2072
JOURNAL OF THE HOUSE,
The Speaker shall have the right to call the above Bills and Reso lutions in any order which he may desire.
Respectfully submitted,
Busbee of the 79th, Vice-Chairman.
By unanimous consent, the following Bills and Resolutions of the Senate were read the second time:
SR 38. By Senators Webb of the llth and Jackson of the 16th:
A Resolution proposing an amendment to the Constitution so as to authorize the establishment of area school systems and area schools, by county and independent boards of education; and for other purposes.
SR 39. By Senator Fincher of the 51st:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to elections for the members of the Cherokee County of Education and to change the provisions relating to the filling of vacancies on the Cherokee County Board of Education; and for other purposes.
SR 47. By Senator Yancey of the 33rd:
A Resolution proposing an amendment to the Constitution so as to provide that the members of the Board of Education of Cobb County shall be elected in the same manner as county officers; and for other purposes.
SR 66. By Senator Moore of the 31st:
A Resolution proposing an amendment to the Constitution so as create the Polk School District by merging the county school system of Polk County and the independent school system of the City of Cedartown; and for other purposes.
SR 67. By Senator Owens of the 49th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the county school superintendent of Lumpkin County by the board of education of Lumpkin County; and for other purposes.
SR 73. By Senators Wesberry of the 37th, Johnson of the 38th, Maclntyre of the 40th and Ward of the 39th:
A Resolution to re-establish a Local Education Commission in Atlanta and Fulton County to continue and study of the desirability and feasi-
THURSDAY, FEBRUARY 17, 1966
2073
bility of combining the school systems of Pulton County and the City of Atlanta; and for other purposes.
SR 74. By Senators Broun of the 46th, Carter of the 14th, Plunkett of the 30th and Flowers of the 10th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to appropriate funds to the State Scholarship Commission for the purpose of being used to obtain funds from the Federal Government; and for other purposes.
SR 79. By Senator Ballew of the 50th: A Resolution proposing an amendment to the Constitution so as to create the City of Jasper Industrial Development Authority; and for other purposes.
SR 81. By Senator Owens of the 49th: A Resolution proposing an amendment to the Constitution so as to provide for four year terms for members of the General Assembly; and for other purposes.
SB 169. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th and others: A Bill to be entitled an Act to amend Code Title 26 relating to crimes and punishments, so as to provide life imprisonment in lieu of the death penalty for certain crimes; and for other purposes.
SB 189. By Senators Holley of the 22nd and Noble of the 19th: A Bill to be entitled an Act to amend Code Chapter 25-1, relating to 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.
SB 197. By Senator Downing of the 1st: A Bill to be entitled an Act to create the Atlantic Coastal Tourist Commission as a commission and agency of the state government; and for other purposes.
SB 210. By Senators Gillis of the 20th and Smith of the 18th: A Bill to be entitled an Act to amend an Act creating the Department of Commerce, so as to authorize the publicizing of the State of Georgia; and for other purposes.
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JOURNAL OF THE HOUSE,
SB 231. By Senator Downing of the 1st:
A Bill to be entitled an Act to amend Code Section 88-111 of the Geor gia Health Code, relating to the purposes for which the funds of the Department of Public Health may be used, so as to provide that such funds may be used for the correction of physical defects and disfigure ments to the human anatomy; and for other purposes.
SR 24. By Senator Pennington of the 45th:
A Resolution designating the Charlie Lay Bridge; and for other pur poses.
SB 202. By Senator Minish of the 48th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Jackson County, known as the fee system; and for other purposes.
SB 204. By Senators Johnson of the 38th, Salome of the 36th, Coggin of the 35th and others:
A Bill to be entitled an Act to add one additional judge of the Superior Court for the Atlanta Judicial Circuit; and for other purposes.
SB 206. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Jackson County, so as to change the compensation of the chairman and the other members of the Board of Commissioners; and for other purposes.
SB 229. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend an Act creating a new judicial circuit for the State of Georgia known as the Gwinnett Judicial Circuit, so as to increase the salary of the Solicitor General; and for other pur poses.
SB 238. By Senator Edenfield of the 4th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Bulloch County upon an annual salary, so as to authorize the clerk to employ a deputy clerk, a docket clerk and a typist and to fix their compensation; and for other purposes.
SB 239. By Senator Loggins of the 53rd:
A Bill to be entitled an Act to amend an Act placing the Sheriff of the Superior Court of Chattooga County upon an annual salary, so as to change the compensation of deputy sheriffs and jailers; and for other purposes.
THURSDAY, FEBRUARY 17, 1966
2075
SR 14. By Senator Kidd of the 25th:
A Resolution proposing an amendment to the Constitution so as to provide for the filling of the office of the Governor and for the succes sion to the office of the Governor in the event the Governor-Elect dies, becomes disqualified or for any reason is unable to assume the execu tive power; and for other purposes.
SR 61. By Senators Loggins of the 53rd and Lee of the 47th:
A Resolution to authorize the acceptance of the bid of Sonoco Products Company, to lease 1.22 acres of State-owned property in Fulton County, Georgia, and to direct the Chairman of the State Properties Control Commission to execute the attached lease on behalf of the State Proper ties Control Commission; and for other purposes.
SR 83. By Senators Lee of the 47th and Loggins of the 53rd:
A Resolution authorizing the disposal of that tract of land on which is presently located the Governor's mansion; and for other purposes.
SR 87. By Senator Ballew of the 50th:
A Resolution authorizing the execution of a license agreement convey ing water rights from Black Rock Mountain State Park to Mrs. Jane T. Williams, Mr. John M. Haddock, Jr., and Mrs. Nesbet Grizzard, in consideration for their conveying 3.8 acres of real property to the Georgia Department of State Parks; and for other purposes.
SB 212. By Senator Pennington of the 45th:
A Bill to be entitled an Act to amend an Act defining certain agricul tural terms, so as to include in said definition container grown products; and for other purposes.
SB 221. By Senators McGill of the 24th, Lee of the 47th, Foster of the 21st and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", relating to certain funds appropriated to the State Department of Education; and for other purposes.
SB 50. By Senators Wesberry of the 27th, Johnson of the 38th, and Maclntyre of the 40th:
A Bill to be entitled an Act to grant to the incorporated municipalities of the State certain basic powers, including certain powers to require the repair, closing or demolition of certain buildings; and for other purposes.
2076
JOURNAL OF THE HOUSE,
Mr. Melton of 34th District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill and Resolutions of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 29. Do Pass by Committee Substitute. SR 74. Do Pass. SB 221. Do Not Pass.
Respectfully submitted,
Melton of 34th,
Chairman.
Mr. Brinkley of the 112th District, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 39. Do Pass. SB 237. Do Pass as Amended. SB 216. Do Pass. SB 217. Do Pass.
Respectfully submitted, Brinkley of 112th, Chairman.
Mr. Brinkley of the 112th District, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SR 73. Do Pass. Respectfully submitted, Brinkley of 112th, Chairman.
THURSDAY, FEBRUARY 17, 1966
2077
Mr. Brinkley of the 112th District, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 236. SR 66. SR 67. SR 79. SB 238. SB 239.
Do Pass by Substitute. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.
Respectfully submitted, Brinkley of 112th, Chairman.
Mr. Busbee of 79th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Reso lution of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendation:
HR 304. Do Pass. Respectfully submitted, Busbee of 79th, Vice-Chairman.
Mr. Etheridge of 123rd District, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 86. Do Pass. Respectfully submitted, Etheridge of 123rd, Chairman.
2078
JOURNAL OF THE HOUSE,
Mr. Chandler of the 47th District, 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 Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendation :
SR 70. Do Pass by Committee Substitute.
Respectfully submitted, Chandler of 47th,
Chairman.
Mr. Chandler of 47th District, 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 Resolutions of the Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
SR 83. Do Pass. SR 87. Do Pass. SR 61. Do Pass.
Respectfully submitted, Chandler of 47th, Chairman.
Mr. Bagby of 21st District, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 173. Do Pass. SB 234. Do Pass.
Respectfully submitted, Bagby of 21st, Chairman.
THURSDAY, FEBRUARY 17, 1966
2079
By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time:
SB 236. By Senators Holley of the 22nd and Padgett of the 23rd:
A Bill to be entitled an Act to amend an Act establishing and creating a municipal court in and for the City of Augusta, as amended; 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 abolish justice courts and the office of justice of the peace and notary public ex-offieio justice of the peace and the office of constable in the City of Augusta; to establish and create in lieu thereof a Municipal Court in and for the City of Augusta; to define its jurisdiction and powers; to provide for the election of a judge and clerk and sheriff, and the appointment of the other officers thereof; to define their powers and duties and to fix their compensation; to provide for rules of procedure and new trials in said court and writs of error therefrom; and for other purposes.", approved August 28, 1931 (Ga. Laws 1931, p. 270), as amended, particularly by an Act approved March 5, 1965 (Ga. Laws 1965, p. 2144), so as to change the compensation of certain officers and personnel of said courts; to provide for periodic increases in salary of certain officers and personnel of said court; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act 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; to establish and create in lieu thereof a Municipal Court in and for the City of Augusta; to define its jurisdiction and powers; to provide for the election of a judge and clerk and sheriff, and the appointment of the other officers thereof; to define their powers and duties and to fix their compensation; to- provide for rules of procedure and new trials in said court and writs of error therefrom; and for other purposes.", approved August 28, 1931 (Ga. Laws 1931, p. 270), as amended, par ticularly by an Act approved March 5, 1965 (Ga. Laws 1965, p. 2144), is hereby amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:
"Section 9. Be it further enacted by the authority aforesaid, that the salary of the chief judge of Municipal Court shall be ten thousand ($10,000.00) dollars per annum; the salary of the clerk of said court shall be fixed by the chief judge from time to time at an amount not to exceed six thousand six hundred fifteen ($6,615.00) dollars per annum, and the clerk of said court shall
2080
JOURNAL OF THE HOUSE,
have the power, by and with the consent of said chief judge of said court, to appoint a chief deputy clerk and the salary of the chief deputy clerk shall be fixed by the chief judge from time to time at an amount not to exceed four thousand four hundred thirty-two ($4,432.00) dollars per annum, and the clerk of said court shall have the power by and with the consent of the chief judge of said court to appoint four (4) deputy clerks and the salary of each of said deputy clerks shall be fixed by the chief judge from time to time at an amount not to exceed three thousand nine hun dred sixty-nine ($3,969.00) dollars salary per annum. The salary of the sheriff of said court shall be fixed by the chief judge from time to time at an amount not to exceed six thousand six hundred fifteen ($6,615.00) dollars per annum, and the sheriff of said court shall have power by and with the consent of the chief judge of said court to appoint a chief deputy sheriff and the salary of the chief deputy sheriff shall be fixed by the chief judge from time to time at an amount not to exceed four thousand six hundred thirty-one ($4,631.00) dollars per annum, and eleven deputy sheriffs and the salary of each deputy sheriff shall be fixed by the chief judge from time to time at an amount not to exceed four thousand four hun dred thirty-two ($4,432.00) dollars per annum. Provided, neverthe less, that said chief deputy sheriff, chief deputy clerk, or deputy clerks, or deputy sheriffs shall serve only during such time as both the chief judge, the clerk and/or the sheriff may deem their services necessary and to the best interest of the court. Any such deputy clerk or deputy sheriff may be discharged by the chief judge, and/or clerk or sheriff at any time, and any such vacancy or vacancies thus created shall be filled in the same manner as such officers were originally appointed under this Act as amended. The compensation of all officers of said Municipal Court shall be paid monthly out of the treasury of Richmond County, Georgia, upon the warrants of the chief judge of said court by the officer or officers charged by law with paying out the money of said County and charged as part of the expenses of said court.
"The salaries of the clerk, chief deputy clerk, deputy clerks, sheriff, chief deputy sheriff and deputy sheriffs shall be increased annually by three (3%) per cent of four thousand two hundred ($4,200.00) dollars for the first five (5) years of service and two (2%) per cent of four thousand two hundred ($4,200.00) dollars for the next five (5) years of service and one (1%) per cent of four thousand two hundred ($4,200.00) dollars annually there after for all years of service in excess of ten (10). No credit for prior service shall be granted. No credit for service shall be granted for any time during which an employee was not an official or em ployee of the Municipal Court in and for the City of Augusta and received compensation therefor in one of the positions for which such increases are authorized herein."
Section 2. Said Act is further amended by striking Section 37 in its entirety and inserting in lieu thereof a new Section 37, to read as follows:
"Section 37. Be it further enacted by the authority aforesaid that in addition to the personnel which the chief judge may ap point as hereinbefore described, said judge shall have the power
THURSDAY, FEBRUARY 17, 1966
2081
to appoint, and at pleasure to remove a secretary to serve the judges of said court. Such secretary shall take all stenographic notes, transcribe the same, required by the judges of said court, and do and perform such other duties as the judges of said courts may require at chambers, or in court. And said secretary, if and when so appointed under the terms of this Act, shall have the same powers and authority and exercise all the functions and be subject to all responsibilities and requirements of a deputy clerk of said court. The salary of the secretary of said court shall be fixed by the chief judge from time to time at an amount not to exceed three thousand three hundred eight ($3,308.00) dollars per annum and shall be paid monthly out of the treasury of Richmond County, Georgia, upon the warrants of the chief judge of said court by the officer or officers charged by law with paying out the money of the county and charged as a part of the court expenses of the said court.
"The salary of said secretary shall be increased annually by three (3%) per cent of four thousand two hundred ($4,200.00) dollars for the first five (5) years of service and two (2%) per cent of four thousand two hundred ($4,200.00) dollars for the next five (5) years of service and one (1%) per cent of four thousand two hundred ($4,200.00) dollars annually thereafter for all years of service in exceess of ten (10). No credit for prior service shall be granted. No credit for service shall be granted for any time during which a person was not actually an employee of the Munici pal Court in and for the City of Augusta and received compensa tion therefor in the position for which such increase is authorized herein."
Section 3. Be it further enacted by the authority aforesaid, that if any section or provision of this Act shall be held unconstitutional, or invalid, by any court of competent jurisdiction, the corresponding origi nal Acts hereby sought to be changed shall ipso facto and pro tanto stand reenacted and restored, and it shall not affect the validity and constitutionality of the remainder of this Act.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority was passed, by substitute.
SB 237. By Senator Webb of the llth: A Bill to be entitled an Act to fix, allow and provide for the compen sation of the Sheriff of Miller County; and for other purposes.
2082
JOURNAL OF THE HOUSE,
The following Committee amendment was read and adopted:
The Local Affairs Committee moves to amend SB 237 as follows:
By striking from Section 6 (a) the figure "$6,000.00" and insert ing in lieu thereof the figure "$4,800.00".
By striking Section 7 (b) in its entirety and substituting in lieu thereof a new Section 7 (b) to read as follows:
" (b) The governing authority of Miller County shall provide a maintenance allowance of $1,200.00 per annum for gas, oil, up keep and repairs of said automobile."
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.
SB 157. By Senators Padgett of the 23rd and Holley of the 22nd:
A Bill to be entitled an Act to provide that in all counties having a certain population the senior judge of the superior court of said coun ties shall be authorized and empowered to appoint a jury clerk to serve at the pleasure of said judge; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend SB 157 as follows:
By renumbering Sections 2 and 3 as Sections 4 and 5.
By inserting following Section 1 the following new Sections:
"Section 2. All prospective jurors in such counties shall be required to answer questionnaires as may determined and sub mitted by said senior judge of such counties concerning their quali fications as jurors.
"Section 3. In the event any such person fails or refuses to answer such questionnaire, the aforesaid jury clerk shall report such failure or refusal to the court, together with the facts con cerning the same, and the court shall have such jurisdiction as is
THURSDAY, FEBRUARY 17, 1966
2083
now provided by law for subpoena, attachment, and contempt powers."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
I am requested by the Senate to request the House of Representatives to return House Bill 525 to the Senate for correction:
HB 525. By Messrs. Howard of the 101st, Henderson and Wilson of the 102nd:
A Bill providing for a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the follow ing Bills and Resolutions of the House to wit:
HB 193. By Messrs. Lowrey of the 13th, Newton of the 94th and others:
A Bill to amend Code Chap. 42-2, relating to concentrated commercial feeding stuffs, so as to change the inspection fee upon concentrated commercial feeding stuffs; and for other purposes.
HB 238. By Mr. Black of the 56th:
A Bill to abolish the present method of compensating the sheriff of Stewart County, known as the fee system; and for other purposes.
2084
JOURNAL OF THE HOUSE,
HB 384. By Mr. Black of the 56th:
A Bill to authorize the governing authority of Chattahoochee County to assess and collect license fees, classify businesses and business enterprises, assess different license fees and taxes in the interest and welfare of the citizens of Chattahoochee County; and for other pur poses.
HB 499. By Mr. Black of the 56th:
A Bill to provide that in all counties of this State having a certain population the governing authorities of such counties shall furnish the Sheriff of said counties firearms and ammunition and a two-way radio for the sheriff's office; and for other purposes.
HB 618. By Messrs. Drew of the 116th, Kiley and Tye of the 115th and others:
A Bill to amend Code Sec. 88-202, relating to the composition of the county boards of health, so as to provide for the manner of appoint ing certain members of county boards of health in certain counties; and for other purposes.
HB 648. By Messrs. Overby, Williams and Wood of the 16th:
A Bill to amend an Act amending the charter of the City of Gainesville so as to make certain changes in the retirement system for the employees of said city; and for other purposes.
HB 650. By Messrs. Fleming and Simkins of the 106th and others:
A Bill incorporating the City of Augusta and providing a charter thereof, so as to provide that the City of Augusta shall pay certain law enforcement officers of the city who are required to testify in the recorder's court on their off days; and for other purposes.
HB 665. By Messrs. Fleming and Simkins of the 106th:
A Bill to amend the Charter of the City of Augusta, so as to provide that the effective date on which one or more of the territories described in said charter amendment shall become a part of the City of Augusta shall be on January 1 of the year following the year in which the said charter amendment of 1953 is ratified by a majority of the voters; and for other purposes.
HB 684. By Messrs. Jones, Pickard and Brinkley of the 112th:
A Bill to amend an Act providing that the County of Muscogee shall supplement the salary of the Judges of the Superior Court of the Chattahoochee Judicial Circuit, so as to change the amount of said supplement; and for other purposes.
THURSDAY, FEBRUARY 17, 1966
2085
HB 711. By Mr. Jones of the 76th:
A Bill to amend an Act incorporating the City of Riceboro, so as to change the date on which municipal elections are conducted; and for other purposes.
HB 717. By Messrs. Sherman of the 105th, Simkins of the 106th and others:
A Bill to amend the charter of the City of Augusta, so as to provide an alternative form of retirement pension authorizing a permanent employee to receive a reduced pension for his lifetime in considera tion of the payment to his spouse after his death of a pension equal to one-half of the employee's reduced pension; and for other purposes.
HB 718. By Messrs. Sherman of the 105th, Simkins of the 106th and others:
A Bill to amend the charter of the City of Augusta, so as to provide a further alternative form of retirement allowance; and for other purposes.
HB 719. By Messrs. Sherman of the 105th, Simkins of the 106th and others:
A Bill to amend the charter of the City of Augusta, relating to the reduced pensions; and for other purposes.
HB 720. By Messrs. Story and Watson of the 22nd:
A Bill to amend an Act creating a new charter for the City of Norcross, so as to change the compensation of the Mayor, Mayor pro-tern, and councilmen; and for other purposes.
HB 721. By Messrs. Story and Watson of the 22nd:
A Bill to amend an Act creating a Board of County Commissioners of Gwinnett County, so as to change the compensation of County Com missioners; and for other purposes.
HB 739. By Messrs. Fleming and Simkins of the 106th and others:
A Bill to provide for the appointment of and the salary of an Execu tive Secretary and Calendar Clerk to the Judge or Judges presiding in civil matters, as presiding in civil matters, as distinguished from domestic relations and criminal matters, of the Superior Courts in counties having a population of not less than 135,000 nor more than 140,000; and for other purposes.
HB 740. By Messrs. Fleming and Simkins of the 106th and others:
A Bill to amend an Act placing certain of the officers of certain coun ties on a salary in lieu of the fee system, so as to change the maximum compensation to be paid certain employees of certain officers in such counties; and for other purposes.
2086
JOURNAL OP THE HOUSE,
HB 741. By Messrs. Fleming and Simkins of the 106th and others:
A Bill to amend an Act providing for assistants in the office of the solicitor-general of certain counties, so as to change the compensation of the stenographer-clerks of said court in such counties; and for other purposes.
HB 743. By Messrs. Fleming and Simkins of the 106th and others:
A Bill to amend an Act providing for the appointment of a clerk for the office of solicitor of the city court of certain counties, so as to change the compensation of the clerk of such counties; and for other purposes.
HB 744. By Messrs. Fleming and Simkins of the 106th and others:
A Bill to amend an Act providing for the appointment of an assistant solicitor of the city court of certain counties, so as to change the compensation of the assistant solicitor in such counties; and for other purposes.
HB 756. By Mr. Conner of the 91st:
A Bill to enable Bacon County and the City of Alma to establish a joint planning commission to make and amend an overall plan, and to otherwise promote the orderly growth and development of the county and city; and for other purposes.
HB 757. By Mr. Conner of the 91st:
A Bill to create and incorporate the City of Denton, in the County of Jeff Davis, and grant a charter to that municipality under that name and style; and for other purposes.
HB 444. By Mr. Reaves of the 99th: A Bill to abolish the present mode of compensating the sheriff of Brooks County, known as the fee system; and for other purposes.
HB 455. By Mr. Irvin of the llth: A Bill to amend an Act relating to the incorporation of the City of Cornelia, so as to clarify the provisions of the charter of the City of Cornelia relating to the election of a member of the City Commission from Ward Number One; and for other purposes.
HB 456. By Mr. Irvin of the llth: A Bill to amend an Act relating to the incorporation of the City of Cornelia, so as to eliminate the limitation on the amount of salary per annum which may be paid the City Manager; and for other purposes.
THURSDAY, FEBRUARY 17, 1966
208T
HB 457. By Mr. Irvin of the llth:
A Bill to amend an Act relating to the incorporation of the City of Cornelia, so as to grant the power of eminent domain for the purpose of acquiring lands, easements, rights in lands and water rights for public purposes of constructing, water and sewer systems without the corporate limits of the City of Cornelia; and for other purposes.
HB 459. By Mr. Irvin of the llth:
A Bill to amend an Act relating to the incorporation of the City of Cornelia, so as to provide for the payment of monthly salaries to the members of the City Commission elected to serve as Mayor and other members of the City Commission; and for other purposes.
HB 497. By Messrs. Wilson and Henderson of the 102nd and others:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Cobb County, so as to provide that the charge for licenses issued for certain business activities within Cobb County shall be limited to actual expenses incurred in issuing such licenses; and for other purposes.
HB 510. By Mr. Roach of the 15th:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues for Cherokee County, so as to change the coaipensation of the Commissioner; and for other purposes.
HB 516. By Mr. Roach of the 15th:
A Bill to amend an Act placing the sheriff, the clerk of the superior court, the tax commissioner and the ordinary of Cherokee County on a salary system in lieu of the fee system, so as to change the compensa tion of the sheriff, clerk of the superior court, tax commissioner, ordinary, sheriff's deputies and the various clerks to said offices; and for other purposes.
HB 520. By Mr. Lovett of the 60th:
A Bill to amend an Act creating the city court of Dublin, so as to increase the compensation of the judge and solicitor of said court; and for other purposes.
HB 521. By Messrs. Richardson of the 116th, Gignilliat and Powers of the 113th and others:
A Bill to amend an Act implementing the Constitutional provisions creating the Savannah District Authority, so as to delete therefrom certain provisions relating to the terms of office of the authority members and the prohibition against members being eligible to suc ceed themselves; and for other purposes.
2088
JOURNAL OF THE HOUSE,
HB 583. By Mr. Clarke of the 2nd:
A Bill to amend an Act relating to changing the compensation of the ordinary and the superior court of Catoosa County, so as to increase the allowance of clerical help for the clerk of the superior court and the ordinary; and for other purposes.
HB 584. By Mr. Clarke of the 2nd:
A Bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the clerical assistance allowance of the tax commissioner; and for other purposes.
HB 585. By Mr. Clark of the 2nd:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenue of Catoosa County, so as to increase the compensation of the clerical assistant to the commissioner; and for other purposes.
HB 587. By Mr. Smith of the 44th:
A Bill to amend an Act to establish a new charter for the town of Milner, Lamar County, so as to change the term of the offices of the Mayor and Councilmen; and for other purposes.
HB 596. By Messrs. Blalock and Davis of the 33rd:
A Bill to amend an Act establishing the City Court of Newnan, so as to change the name of said Court to the Civil and Criminal Court of Coweta County; and for other purposes.
HB 608. By Messrs. Rowland and Carr of the 48th:
A Bill to amend an Act establishing the City Court of Wrightsville, so as to provide an annual salary in lieu of the fee system of compensa tion for the solicitor of said court; and for other purposes.
HB 609. By Messrs. Carr and Rowland of the 48th:
A Bill to amend an Act creating the City Court of Washington County, so as to change the salaries of the judge and the solicitor of said court; and for other purposes.
HB 619. By Mr. Bowen of the 69th:
A Bill to provide a salary for the Coroner of Dooly County in lieu of fees; and for other purposes.
THURSDAY, FEBRUARY 17, 1966
2089
HB 620. By Messrs. Busbee, Lee, Odom and Hutchinson of the 79th:
A Bill to provide for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority; and for other purposes.
HB 621. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A Bill amending the charter of the City of Dalton, by incorporating in said city certain lands and territory located in Land Lot No. 163 in the 12th District and 3rd Section of Whitfield County; and for other purposes.
HB 623. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A Bill to authorize the governing authority of Whitfield County to provide group insurance policies for their regular employees; and for other purposes.
HB 624. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A Bill to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, so as to change the maximum fine and punishment which may be imposed by said court; and for other purposes.
HB 668. By Mr. Russell of the 92nd:
A Bill to amend an Act creating the fire protection districts in Thomas County, so as to include certain additional land lots within the boundaries of fire district No. 2; and for other purposes.
HB 676. By Mr. Dailey of the 66th:
A Bill to amend an Act abolishing the present mode of compensating the sheriff of Randolph County, known as the fee system, so as to change the compensation of the deputy sheriff of Randolph County; and for other purposes.
HB 688. By Messrs. Melton and Gaissert of the 34th:
A Bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Spalding County, so as to fix the salary of the Tax Commissioner; and for other purposes.
HB 689. By Messrs. Gaissert and Melton of the 34th:
A Bill to amend an Act abolishing the fee system of compensation of certain county officers, so as to fix the salary of the Clerk of the Superior Court of Spalding County; and for other purposes.
2090
JOURNAL OF THE HOUSE,
HB 690. By Messrs. Gaissert and Melton of the 34th:
A Bill to amend an Act abolishing the fee system of compensation of the Coroner of Spalding County, so as to fix the compensation of the Coroner; and for other purposes.
HB 696. By Messrs. Story and Watson of the 22nd:
A Bill to amend an Act creating a new charter for the City of Lawrenceville, by adding additional territories to be included in the city limits of said city; and for other purposes.
HB 704. By Mr. Collins of the 62nd:
A Bill to amend an Act creating a new charter for the City of Vidalia, so as to change the corporate limits of said City of Vidalia; and for other purposes.
HB 705. By Messrs. Lee, Gary and Harrell of the 35th:
A Bill to amend an Act creating a board of commissioners of roads and revenues for Clayton County so as to provide that the vice chair man of said commission shall have the authority and duty of the chair man and shall carry out the duties of the chairman in the event the chairman is temporarily absent from the county or incapacitated; and for other purposes.
HB 706. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Henderson and Wilson of the 102nd:
A Bill to amend an Act creating a new charter for the City of Smyrna, so as to increase the corporate limits; and for other purposes.
HB 707. By Messrs. Harrell, Lee and Gary of the 35th:
A Bill to amend an Act of the General Assembly approved March 7, 1955, so as to provide that said Clayton County Water Authority will have the right of eminent domain and to further define the powers and duties of said Board; and for other purposes.
HB 710. By Mr. Doster of the 73rd:
A Bill to amend an Act creating a new charter for the City of Lumber City, so as to change the hours for which the polls shall remain open on election days; to provide for voting machines; and for other pur poses.
HB 713. By Mr. Steis of the 100th:
A Bill to provide a new charter for the Town of Geneva; and for other purposes.
THURSDAY, FEBRUARY 17, 1966
2091
HB 735. By Mr. Bagby of the 21st:
A Bill to amend an Act creating the office of tax commissioner of Paulding County, so as to change the compensation of the tax com missioner; and for other purposes.
HB 736. By Mr. Thomas of the 77th:
A Bill to place the ordinary of Wayne County on a salary system in lieu of a fee system; and for other purposes.
HB 737. By Mr. Thomas of the 77th:
A Bill to place the tax commissioner of Wayne County on a salary basis in lieu of a fee system; and for other purposes.
HB 738. By Mr. Thomas of the 77th:
A Bill to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, so as to change the corporate limits; and for other purposes.
HB 755. By Mr. Conner of the 91st:
To amend an Act creating a board of commissioners of roads and revenues for Bacon County, so as to change the compensation of the chairman; and for other purposes.
HB 5. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Bill to amend an Act pertaining to the registration and licensing of motor vehicles in the counties throughout the State, so as 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.
HB 337. By Mr. Jones of the 76th:
A Bill to amend Code Section 92-2406, relating to taxation of shares of banks and banking associations organized under authority of this State or the United States, so as to provide for the proper calculation of the market value of the shares as the capital, surplus and undivided profits; and for other purposes.
HB 692. By Messrs. Newton and Matthews of the 94th:
A Bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to extend the corporate limits; and for other purposes.
2092
JOURNAL OF THE HOUSE,
HB 697. By Messrs. Story and Watson of the 22nd:
A Bill to amend an Act of the General Assembly creating a new charter for the City of Lawrenceville, so as to authorize the mayor and council to enact an ordinance prohibiting the operation of public billiard rooms and public pool rooms in said city; and for other purposes.
HB 700. By Messrs. Melton and Gaissert of the 34th:
A Bill authorizing and fixing the salaries and compensation of the Commissioners of Roads and Revenues of Spalding County, so as to fix the compensation of the Chairman and members; and for other purposes.
HB 703. By Mr. Mixon of the 81st:
A Bill to amend an Act incorporating the City of Ocilla so as to pro vide that candidates for mayor and councilmen must receive a majority of the votes cast; and for other purposes.
HR 203-431. By Mr. Roach of the 15th:
A Resolution repealing two Resolutions regarding land in Cherokee County; and for other purposes.
HB 255. By Messrs. Lowrey of the 13th, Lewis of the 50th and others:
A Bill to create within the Department of Agriculure of the State of Georgia a division to be known as the State Institutional Farms Divi sion; and for other purposes.
HR 124-239. By Mr. Underwood of the 61st:
A Resolution authorizing the Governor to execute a permanent ease ment on behalf of the State of Georgia over certain property located in Little Ocmulgee State Park to the Commissioners of Roads and Revenues of Wheeler County, to be used in connection with the TelfairWheeler Airport; and for other purposes.
HR 157-388. By Messrs. Chandler and Harrington of the 47th:
A Resolution conveying a certain lot, tract or parcel of land within the 320th Militia District of Baldwin County, Georgia to the Wardens and vestry of St. Stephen's Church, Milledgeville, Georgia; and for other purposes.
HR 158-341. By Messrs. Chandler and Harrington of the 47th:
A Resolution authorizing the conveyance of all that certain lot, tract or parcel of land containing 2.82 acres together with any and all
THURSDAY, FEBRUARY 17, 1966
2093
permanent improvements located thereon or connected therewith lying and being in the corporate limits of the City of Milledgeville within the 320th Militia District of Baldwin County, Georgia to the Board of Trustees of the Georgia Military College; and for other purposes.
HR 180. By Mr. Pafford of the 97th:
A Resolution commending the Georgia High School Association and Sam F. Burke, its Executive Secretary; and for other purposes.
HR 277. By Messrs. Cox of the 127th, Brown of the 120th and others: A Resolution urging the State of Georgia to acquire the L. P. Grant property located on St. Paul Street in Atlanta, Georgia, for the purposes of establishing such property as a historical monument; and for other purposes.
HR 334. By Messrs. Brown of the 120th and Steis of the 100th: A Resolution commending Mr. A. M. (Tonto) Coleman; and for other purposes.
HR 360. By Mr. Doster of the 73rd: A Resolution commending the Georgia Society, Children of the American Revolution and its State President, Jerome Brown Doster; and for other purposes.
HR 361. By Messrs. Richardson, Funk and Drew of the 116th and others: A Resolution expressing appreciation to Hon. Johnny Mercer; and for other purposes.
HR 365. By Messrs. Oglesby and Russell of the 92nd: A Resolution requesting the Game and Fish Commission to take any appropriate action required to enable that Department to zone the State for the purpose of shooting doves; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to-wit:
HB 4. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Bill 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 different rate, method of assessment, and dates of assessment for such property; to define the term motor vehicles; and for other purposes.
2094
JOURNAL OF THE HOUSE,
HB 134. By Messrs. Lane and Nessmith of the 64th, Parker of the 55th and others:
A Bill to amend an Act relating to the creation of the office of solicitorgeneral 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.
HB 149. By Messrs. Smith of the 90th, Hale of the 1st and others:
A Bill to amend an Act reorganizing the State Department of Law, so as to provide for the appointment, employment and removal of Assistant Attorneys General, Deputy Assistant Attorneys General, Law Assistants, and other employees; and for other purposes.
HB 734. By Mr. Bagby of the 21st:
A Bill creating a new Charter for the City of Dallas, so as to provide for the establishment of a recorder's court, create the office of recorder and provide for the jurisdiction of such office and the powers, duties, appointment, removal and compensation of the recorder; and for other purposes.
HB 745. By Messrs. Fleming and Simkins of the 106th and others:
A Bill to establish and create the office of Building Inspector for Rich mond County; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate to-wit:
SR 105. By Senators Maclntyre of the 40th, Coggin of the 35th and others:
A Resolution commending Major Charles A. Beckwith; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to-wit:
HB 484. By Mr. Black of the 56th:
A Bill to amend an Act placing the sheriff of Chattahoochee County on an annual salary in lieu of the fee basis of compensation, so as to authorize the governing authority of Chattahoochee County to fix the compensation of the sheriff within a certain salary range; and for other purposes.
THURSDAY, FEBRUARY 17, 1966
2095
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to-wit:
HB 489. By Messrs. Richardson of the 116th, Gignilliat and Powers of the 113th and others:
A Bill to amend an Act incorporating Garden City, so as to confer upon the mayor and the councilmen additional powers; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to-wit:
HB 176. By Messrs. Moore of the 20th, Story of the 22nd and Parker of the 55th:
A Bill to amend an Act establishing a retirement system of the State Public Schools, so as to provide that the word "teacher" shall also include the director and any associate directors of the Georgia Edu cational Improvement Council; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to-wit:
HB 283. By Mr. Pickard of the 112th:
A Bill to amend Code Sec. 34-1006, relating to qualification of candi dates, so as to provide that if a person qualified for party nomination and no other person qualifies against him by the end of the qualifying period, such person shall be declared the nominee of the party without the necessity of keeping the polls open in the districts; and for other purposes.
HB 346. By Mr. Wilson of the 109th:
A Bill to amend Code Sec. 92-3106, relating to personal exemptions and credits that may be deducted from net income in determining state in come taxes, so as to allow a personal exemption of $1200 for each dependent of the taxpayer's net income if such dependent attends a school for the physically handicapped; and for other purposes.
HB 301. By Mr. Conger of the 89th:
A Bill to amend Code Title 13, known as the "Banking Law" of Georgia, so as to provide for the establishment and operation of banking facilities as an expansion or extension of existing facilities; and for other purposes.
2096
JOURNAL OP THE HOUSE,
The Senate has passed by substitute by the requisite constitutional majority the following Bills of the House to-wit:
HB 657. By Mr. Barber of the 24th, Wiggins of the 32nd and others: A Bill to provide for equal pay for both males and females for com parable work on jobs which have comparable requirements relating to skill, effort and responsibility; to provide for a declaration of policy; and for other purposes.
HB 202. By Messrs. Dollar of the 89th, Richardson of the 116th and others: A Bill to amend an Act creating the "Georgia Ports Authority", so as to change the membership comprising said authortiy; and for other purposes.
HB 85. By Mr. Jones of the 112th: A Bill to regulate charges and interest on loans secured by secondary mortgages on certain residential property subject to a prior lien or mortgage; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to-wit:
HB 742. By Messrs. Fleming and Simkins of the 106th and others: A Bill to amend an Act providing for the appointment of a secretary to serve the judges of the city courts in certain counties; so as to change the compensation of the secretary in such counties; and for other purposes.
HB 525. By Messrs. Howard of 101st, Henderson and Wilson of the 102nd: A Bill providing for a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.
I am instructed by the Senate to request the House of Representatives to reestablish the following Bill of the House for the Senate:
HB 769. By Messrs. Etheridge of the 123rd and Gates of the 123rd:
A Bill to amend an Act known as "The City of Atlanta and Pulton County Recreation Authority Act"; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following Bill of the House:
THURSDAY, FEBRUARY 17, 1966
2097
HB 86. By Messrs. Cook of the 123rd, Games of the 129th and others:
A Bill to amend an Act establishing a new charter for the City of Atlanta, so as to extend the corporate limits; and for other purposes.
By unanimous consent, the following Resolution of the House was adopted:
HR 375. By Messrs. Lewis and Newton of the 50th:
A RESOLUTION
Requesting the President of the United States and Georgia's United States Senators to use their influence in securing the release of Reverend David Fite from a Cuban prison; and for other purposes.
WHEREAS, Reverend David Fite, the son of Reverend Clifton E. Fite, Pastor of the Rosemont Heights Baptist Church in Waynesboro, Georgia, has been imprisoned in Cuba since April, 1965; and
WHEREAS, Reverend David Fite was a missionary in Cuba for five years before being imprisoned on trumped up charges of conspiring against the Cuban government; and
WHEREAS, Reverend Clifton E. Fite has worked untiringly to secure the release of his son unjustly imprisoned in Cuba; and
WHEREAS, the United States should be aware of and concerned about the unjust imprisonment of one of its citizens; and
WHEREAS, Reverend Clifton E. Fite should be aided by the United States government in his efforts to secure the release of his son.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby request the President of the United States, and Georgia's United States Senators to use all their influence to secure the release from a Cuban prison of Reverend David Fite at the earliest possible moment.
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 Lyndon B. Johnson, President of the United States; Honorable Richard B. Russell, United States Senator from Georgia; Honorable Herman E. Talmadge, United States Senator from Georgia; and to Reverend Clifton E. Fite.
The Honorable George J. Williams of the 82nd District, in a touching dedicatory ceremony held in the Hall of the House of Representatives, presented to Honorable Ben W. Fortson, Jr., Secretary of State, a portrait of Honorable Charles Stewart to be properly displayed at the State Capitol.
2098
JOURNAL OF THE HOUSE,
Mr. Stewart served for more than twenty years as Representative from three counties in the State.
The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HB 540. By Messrs. Matthews and Bedgood of the 29th:
A Bill to be entitled an Act to amend an Act so as to increase the membership of the Board of Education of the Clarke County School District, and for other purposes.
The following Senate amendment was read:
Senator Broun of the 46th moves to amend HB 540 as follows:
By striking the period at the end of the quoted paragraph of Sec tion 2 and inserting in lieu thereof the following:
"until the expiration of at least one year."
Mr. Matthews of the 29th 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 540 was agreed to.
HB 513. By Messrs. Minge, Lowrey and Starnes of the 13th: A Bill to be entitled an Act to require hospital authorities in certain counties to conduct annual audits of their books and records, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to require hospital authorities in counties having a population of not less than 50,000 nor more than 75,000 as determined by the United States decennial census of 1960 or any future decennial census to conduct an annual audit of the books and records of such hospital authorities; to provide the content of all such audits;
THURSDAY, FEBRUARY 17, 1966
2099
to provide for the appointment, qualification and compensation of any auditor; to provide for the publication of a summary of such audit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. From and after the passage of this Act, it shall be the duty of all hospital authorities in counties having a population of not less than 50,000 nor more than 75,000 as determined by the United State decennial census of 1960 or any later United States decennial census to conduct an annual audit of the financial affairs, books and records of each such hospital authority, said audit to be conducted at the end of each fiscal year of such authorities.
Section 2. It shall be the duty of the hospital authorities of each county provided for herein to obtain and appoint an independent certi fied public accountant or an independent firm of certified public ac countants who shall have practiced as such in the State of Georgia, under certificates issued by this state, for at least two years, to conduct the audit provided for herein. The auditor so appointed shall make the audit provided for herein in accordance with generally accepted auditing standards and shall submit and complete a final report and audit no later than sixty (60) days after the close of the fiscal year of the hos pital authority for which such audit is conducted, and shall point out any irregularity found to exist. The final report of such audit shall be filed with the hospital authority of such county not later than the sixty (60) day period provided for hereinabove.
Section 3. All audits provided for herein shall be certified to and shall include, but in no way be limited to, a full and complete audit containing a balance sheet, and a statement of income and expense. The audit so submitted shall also contain in addition to the above in formation a complete report from each separate department within the hospital authority, if any, which in any way received or disbursed county funds, such report to include all receipts and disbursements of each such department containing the information hereinbefore provided. Should such auditor discover any irregularities in any of the finances or accounts of the hospital authority, it shall be the duty of such auditor immediately to report in writing such irregularity to the hospital au thority of such county and to the grand jury then in session, or if no grand jury is in session, to the first grand jury convened after such
irregularity is discovered.
Section 4. It shall further be the duty of such auditor to conduct quarterly audits of the books and records of the hospital authority and to issue a written report to the hospital authority on such quarterly audits so as to aid each hospital authority in its fiscal management. Said quarterly audits shall contain all the information provided for herein as relates to the year-end audit to be submitted by him.
Section 5. A summary of annual audits shall be published, as soon as submitted, in the official newspaper of the county for which such audit was conducted in which the sheriff's advertisements regularly appear, and it shall be the duty of the hospital authority to see that
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JOURNAL OF THE HOUSE,
such publication is made. Sufficient copies of the audit shall also he delivered to the clerk of the superior court of such county to be held by him for public inspection. The compensation of the auditor provided for herein shall be fixed by agreement between the hospital authority and the auditor selected to make such audit.
Section 6. Nothing in this Act shall be construed to prohibit or prevent the authority from having conducted any additional audit or professional services it deems necessary.
Section 7. An Act entitled "An Act to require hospital authorities in counties having a population of not less than 50,000 nor more than 75,000 as determined by the United States decennial census of 1960 or any future decennial census to conduct a continuing and annual audit of the books and records of such hospital authorities; to provide the content of all such audits; to provide for the appointment, qualifica tion, compensation and term of any auditor conducting such audit; to prescribe the duties of the auditor; to repeal conflicting laws; and for other purposes.", approved March 18, 1964 (Ga. Laws 1964, p. 3075), is hereby repealed in its entirety.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
Messrs. Minge, Lowrey and Starnes of the 13th moved that the House agree to the Senate substitute.
On the motion to agree, the ayes were 105, nays 0.
The Senate substitute to HB 513 was agreed to.
HB 679. By Mr. Herndon of the 74th:
A Bill to be entitled an Act to amend the charter of the City of Baxley, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating and establishing a new charter for the City of Baxley, approved August 21, 1911 (Ga. Laws 1911, p. 700), as amended, particularly by an Act approved Au gust 18, 1919 (Ga. Laws 1919, p. 839), and an Act approved July 30, 1927 (Ga. Laws 1927, p. 903), so as to provide that the limitation on the power of the City of Baxley to levy and collect taxes shall not affect the levy and collection of taxes to pay bonded indebtedness incurred
THURSDAY, FEBRUARY 17, 1966
2101
under the provisions of the Constitution and evidenced by bonds vali dated prior to the effective date of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act creating and establishing a new charter for the City of Baxley, approved August 21, 1911 (Ga. Laws 1911, p. 700), as amended, particularly by an Act approved August 18, 1919 (Ga. Laws 1919, p. 839), and an Act approved July 30, 1927 (Ga. Laws 1927, p. 903), is hereby amended by striking subsection (q) of the aforesaid amendatory Act of 1927 and substituting in lieu thereof a new Section to be designated Section 29, to read as follows:
"Section 29. Be it further enacted by the authority aforesaid that the City of Baxley shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of said city, upon banks, insurance and all other capital employed therein; on stocks or corporations, and on choses in action; pro vided that no tax upon real or personal estate or property shall exceed two per centum upon the value thereof except such tax as may be levied to pay bonded indebtedness incurred under the pro visions of the Constitution and evidenced by bonds validated prior to the effective date of this Act."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Herndon of the 74th moved that the House agree to the Senate sub stitute.
On the motion to agree, the ayes were 105, nays 0.
The Senate substitute to HB 679 was agreed to.
HB 578. By Mr. Paris of the 23rd:
A Bill to be entitled an Act to implement the provisions of the Consti tution creating the Barrow County School System so as to provide for members of the Board of Education, and for other purposes.
The following Senate amendment was read:
Senator Minish of 48th, moves to amend HB 578 as follows:
By striking the title in its entirety and inserting in lieu thereof a new title to read as follows:
"A BILL
To be entitled an Act to implement and effectuate the provi sions of Article VIII, Section V, Paragraph I of the Constitution
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JOURNAL OF THE HOUSE,
creating the Barrow County School System and the Board of Edu cation of the Barrow County School System composed of nine (9) members, so as to provide for the initial members of said Board; to provide for the selection, appointment or election of the successors to the members of said Board; to provide for the filling of vacan cies on said Board; to provide for the transfer of certain properties, facilities and assets; to provide the manner in which debts and obligations of the independent school systems of the City of Winder in the existing school district in the County of Barrow outside the corporate limits of the City of Winder as the same existed prior to the ratification of the constitutional amendment creating said System and said Board shall be paid; to provide that properties, facilities and assets transferred to said System shall be vested in said System subject to all debts and obligations thereon existing prior to the ratification of said constitutional amendment; to pro vide that said Board shall be authorized to decrease the size of, enlarge the size of and to redefine the school areas of said System; to provide an efffective date; to repeal conflicting laws; and for other purposes.'
By striking Subparagraph (a) of Section 1 in its entirety and in serting in lieu thereof a new Subparagraph (a), to read as follows:
"(a) The Mayor and City Council of the City of Winder shall on or before January 15, 1967, appoint four (4) members to the Board of Education of the Barrow County School System who are members of the Board of Education of the independent school system of the City of Winder and who are residents of the Winder School Area for terms expiring December 31, 1968, December 31, 1969, December 31, 1970, and December 31, 1971, and until their successors are selected, appointed or elected and qualified; and"
By renumbering Sections 2, 3 and 4 as Sections 3, 4 and 5, re spectively.
By inserting after Section 1 a new section to be known as Section 2 to read as follows:
"Section 2. Beginning on September 1, 1967, and thereafter the Board of Education of the Barrow County School System shall be authorized to decrease the size of, enlarge the size of, and re define the five School Areas designated in the constitutional amend ment creating the Barrow County School System.
"The authority to decrease the size of, enlarge the size of, and redefine the School Areas herein provided, shall be exercised only at official meetings of the Board of Education of the Barrow County School System and the exercises of such authority shall be duly entered on the minutes of such meetings."
Mr. Paris of the 23rd moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 105, nays 0.
THURSDAY, FEBRUARY 17, 1966
2103
The Senate amendment to HB 578 was agreed to.
HR 273-596. By Messrs. Lane and Nessmith of the 64th:
A Resolution proposing an amendment to the Constitution so as to create the Statesboro and Bulloch County Development Authority, and for other purposes.
The following Senate amendment was read: Senator Yancey of the 33rd moves to amend HR 273-596 by striking
paragraph 14 of Section 1 in its entirety and by renumbering para graphs 15 through 21 accordingly.
Mr. Lane of the 64th moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 140, nays 0.
The Senate amendment to HR 273-596 was agreed to.
HB 570. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Monroe County known as the fee system, and for other purposes.
The following Senate amendment was read:
Senator Smalley of the 28th moves to amend HB 570 as follows:
By omitting in Section 4 line 2 after the word "sum" and before the word "for" the words "multiplied by twelve (12)" so that said Sec tion 4 when so amended shall read as follows:
"The sheriff of Monroe County shall receive a salary of seven hundred fifty ($750.00) dollars per month, plus ten (10%) per cent of said monthly sum for each four (4) year period of service in said office by said officer. However, the total annual compen sation for said sheriff from the funds of Monroe County shall not exceed the sum of ten thousand eight hundred ($10,800.00) dollars. The compensation of the sheriff in office on the effective date of this Act shall be adjusted according to the provisions of this Section and he shall be given credit for all prior service performed in said office."
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JOURNAL OF THE HOUSE,
Mr. Clarke of the 45th 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 570 was agreed to.
HB 734. By Mr. Bagby of the 21st:
A Bill to be entitled an Act to amend an Act so as to provide for the establishment of a recorder's court for the City of Dallas, and for other purposes.
The following Senate amendment was read: Mr. Moore of 31st moves to amend HB 734 as follows:
By striking in its entirety subsection (d) of Section 19 which Section is quoted in Section 2 of said Bill and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) Upon the conviction of any defendant of violation of any law or ordinance of said city, said court shall have the right to sentence said defendant to pay a fine not exceeding $100.00 and to imprisonment in the prison of said city or in the common jail of Paulding County, not exceeding thirty (30) days, and to work and labor in the city chaingang or on the streets or public works of said city, whether within or without the corporate limits, not exceeding thirty (30 days), either or all or any part of all. And all sentences may be in the alternative, and fines may be imposed with the alter native of the other punishment in the event the fines are not paid. Said court shall have power to assess costs against each defendant convicted, to be collected and enforced, in addition to, and in the same manner as fines; all of which costs shall not exceed $15.00 per case and shall be paid into the city treasury. And said court may issue executions for any unpaid fines and costs, to be enforced in the same manner as ad valorem tax executions are enforced."
Mr. Bagby of the 21st 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 734 was agreed to.
THURSDAY, FEBRUARY 17, 1966
2105
HB 742. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th and Snellings and Hull of the 104th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the secretary to the judges of the city courts in certain countries, and for other purposes.
The following Senate amendment was read:
Mr. Padgett of the 23rd moves to amend HB 742 by striking the figures "$3,168.00" where the same appears in Section I and Section II of said Bill, and inserting in lieu thereof the figures "$3,780.00".
Mr. Fleming of the 106th 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 742 was agreed to.
HB 489. By Messrs. Richardson of the 116th, Gignilliat and Powers of the 113th, Smith of the 114th and Tye and Kiley of the 115th:
A Bill to be entitled an Act to amend an Act so as to confer upon tha mayor and the councilmen of Garden City additional powers, and for other purposes.
The following Senate amendment was read:
Senator Tribble of the 3rd moves to amend HB 489 as follows:
By striking in its entirety the first sentence of Section 31 and substituting in lieu thereof the following:
"The mayor and councilmen shall have full power and authority to condemn private property for the following public purposes only:
1. The establishment of public streets, sidewalks, parks and playgrounds;
2. For rights-of-way for water and sewer lines;
3. For sites for sewage disposal facilities and property neces sary for the operation and conduct of the water and sewerage system."
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JOURNAL OF THE HOUSE,
By striking in its entirety Subsection (e) of Section 32.
Mr. Richardson of the 116th 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 489 was agreed to.
HB 745. By Messrs. Fleming and Simkins of the 106th and others:
A Bill to be entitled an Act to establish the office of Building Inspector for Richmond County, and for other purposes.
The following Senate amendment was read:
Senator Holley of the 22nd moves to amend HB 745 as follows:
By inserting in the title between the word "of" and the word "Building" the words "Construction Supervisor and".
By inserting in said Bill before the words "Building Inspector" wherever the same shall appear the words "Construction Supervisor and".
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows:
"Section 2. That the Construction Supervisor and Building Inspector shall have at least three years experience as an architect, engineer, building inspector, building contractor, or superintendent of building construction, for three years of which he shall have been in a responsible charge of work. After the Board of Commis sioners of Roads and Revenues of Richmond County, Georgia, shall have caused him to be given such tests, as the majority of said Board shall deem necessary in order to ascertain his general com petence and qualifications for said position, he shall then be ap pointed by the majority vote of the Board of Commissioners of Roads and Revenues of Richmond County, Georgia and his appoint ment shall continue during good behavior and satisfactory service. He shall not be removed from office except for cause after oppor tunity has been given to him to be heard on specific charges before the Board of Commissioners of Roads and Revenues of Richmond County, Georgia."
By striking from the second sentence of Section 3 the word "five" and inserting in lieu thereof the word "three".
THURSDAY, FEBRUARY 17, 1966
2107
Mr. Simkins of the 106th 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 745 was agreed to.
HB 552. By Messrs. Hull of the 104th and DeLong of the 105th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of certain employees of the Sheriff's office in certain counties, and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Municipal Government moves to amend HB 552 as follows:
By Striking from quoted Section 3, which Section is quoted in Section 1 of said Bill, the following:
"1 Deputy Sheriff Mechanic Lieutenant $395.00", and substituting in lieu thereof the following:
"1 Deputy Sheriff Mechanic Lieutenant $450.00".
Mr. Simkins of the 106th 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 552 was agreed to.
HB 202. By Messrs. Dollar of the 89th, Richardson of the 116th and others.
A Bill to be entitled an Act to amend an Act so as to change the member ship comprising the Georgia Ports Authority, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating the "Georgia Ports Authority", as amended, particularly by an Act approved March 9,
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JOURNAL OF THE HOUSE,
1945 (Ga. Laws 1945, p. 464), particularly by an Act approved February 1, 1955 (Ga. Laws 1955, p. 120), and an Act approved February 29, 1960 (Ga. Laws 1960, p. 150), so as to change the membership comprising said Authority; to change the number of members required for a quorum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating the "Georgia Ports Authority", as amended, particularly by an Act approved March 9, 1945 (Ga. Laws 1945, p. 464), particularly by an Act approved February 1, 1955 (Ga. Laws 1955, p. 120), and an Act approved February 29, 1960 (Ga. Laws 1960, p. 150), 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. Georgia Ports Authority. There is hereby created a body corporate and politic, to be known as the Georgia Ports Au thority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style, and title the said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of seven members to be appointed by the Governor, one of whom shall be a resident of the First Congressional District as it is now constituted and another from the Eighth Congressional District as it is now, constituted, and the five other members shall be selected from the State at large. The Governor shall appoint the two members added hereby, and they shall enter upon their duties as soon as possible after their appointment, but no later than June 30, 1966. The Gov ernor shall designate that the term of one new member shall expire on June 30, 1970, and the term of the other new member shall expire on June 30, 1969. Each of the successors to such new members, as well as successors to the present five members, shall be appointed for a term of four years, which term shall begin on the day follow ing the expiration of the term of office of the member such person is appointed to succeed. Nothing herein shall affect the term of office of the five members presently serving, except that the term of office of each of them shall expire on June 30 of the year in which such term expires rather than July 1 of such year. Any member of the Authority shall be eligible for appointment. Any person appointed to fill a vacancy shall serve only for the unexpired term. The Authority shall elect one of its members as chairman and another member as vice-chairman, and shall also elect a secretary and treasurer, who may not necessarily be a member of the Au thority. Five members of the Authority shall constitute a quorum. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall be compensated in the amount of forty ($40.00) dollars per day, plus actual expenses incurred, for each day's service spent in the performance of the duties of the Authority. Provided, however, such compensation shall be limited to one hundred (100) days for the chairman and thirty (30) days for each of the other members of the Authority during any one fiscal year. The Authority shall make necessary rules and regula-
THURSDAY, FEBRUARY 17, 1966
2109
tions for its own government. The Authority may delegate to one or more of its members or to its officials, agents, or employees, such powers and duties as it may deem proper. Said Authority shall have perpetual existence. No person shall be eligible for membership on the Georgia Ports Authority who shall also be at the time of appointment or thereafter become a member of any local port Authority of any city, town, county or district."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Dollar of the 89th 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 Adams Alexander Alien Anderson Bagby Barfield Bean Bennett Black Blalock Bo wen Brown, B. D. Brown, M. P. Bryant Busbee Byrd Carnes Gates Clark, J. T. Collins, J. P. Collins, M. Colwell Conger Cook Crowe Dailey Daugherty Da vis Dickinson Dillon Dollar Doster
Duncan Elliott Etheridge Evensen Farrar Fulford Funk Gaynor Gignilliat Grahl Grier Hale Hamilton Harrell Harris, J. F. Harris, J. R. Holder Hood Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jordan, W. H. Kiley Knight Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas
Lewis Lovett Lowrey Maddox Malone Marshall Mauldin McCracken Mitchell Mixon Murphy NeSmith, J. D. Newton, A. S. Oglesby Overby Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Rush Russell Sherman Sims Snow Spikes Stalnaker Steis
2110
Story Sullivan Sweat Tucker Vaughan, D. N.
JOURNAL OF THE HOUSE,
Vaughn, C. R. Walling Ware Watson Westlake
Wiggins Williams, G. J. Williams, W. M. Wood
Those voting in the negative were Messrs.:
Bedgood Berry Blair Brinkley Conner Dixon Egan Fleming Floyd Gaissert Hadaway Harris, R. W. Hawkins
Herndon Howard Hull Jordan, Ben C. Lane Lovell Matthews, C. McDaniell Merritt Moore, Don C. Moore, J. H. Pafford Pickard
Roach Simkins Smith, A. B. Smith, J. R. Smith, W. L Stovall Taylor Thompson, A. W. Tye Webb Wells Wilson, J. M.
Those not voting were Messrs.:
Barber Brackin Brantley Brown, C. Caldwell Carley Carr Chandler Clarke, H. G. Cox Dean DeLong Dorminy Drew Gary Harrington Harrison Henderson
Higginbotham Hill Houston Howell Hutchinson Jones, C. Paul Jones, M. Knapp Longino Matthews, D. R. McClatchey Melton Minge Nessmith, P. Newton, D. L. Odom Otwell Rainey
Ross Rowland Savage Shields Smith, G. L. II Smith, V. T. Snellings Spillers Starnes Stewart Thomas Thompson, R. Townsend Underwood Watkins Wilson, R. W. Mr. Speaker
On the motion to agree, the ayes were 113, nays 38.
The Senate substitute to HB 202 was agreed to.
HB 283. By Mr. Pickard of the 112th:
A Bill to be entitled an Act to amend Code Section 34-1006 relating to qualification of candidates, and for other purposes.
THURSDAY, FEBRUARY 17, 1966
2111
The following Senate amendment was read:
The Senate Rules Committee moves to amend HB 283 by striking from Section 34-1006 as it appears in Section 1 the first two sentences so that as amended said section shall read as follows:
"34-1006. If a person qualifies for party nomination and no other person qualifies against him by the end of the qualifying period such person shall be declared the nominee of the party and it shall not be necessary to keep the polls open in the district from which he offers as candidate unless there is another contested election in such district"
Mr. Pickard of the 112th 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 Alexander Alien Barber Barfield Bedgood Berry Black Blair Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd
Caldwell Carley Games Carr Gates Chandler Clark, J. T. Collins, J. F. Collins, M. Colwell, C.
Crowe Dailey Davis Dean Dickinson Dillon Dixon Doster Duncan Egan
Elliott Etheridge Farrar Fulford Funk Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Hill
Holder Hood Houston Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kiley Knight Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C.
2112
Mauldin McClatchey McCracken McDaniell Merritt Minge Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Oglesby Overby Pafford Palmer Paris Parrish Peterson Phillips Pickard
JOURNAL OF THE HOUSE,
Powers Reaves Reid Richardson Roach Ross Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, J. R. Smith, W. L. Snow Spikes Spillers Stalnaker Starnes
Steis Stovall Sullivan Sweat Taylor Thompson, A. W. Thompson, R. Tucker Tye Vaughan, D. N. Vaughn, C. R. Ware Watkins Watson Webb Wells Wiggins Williams, G. J. Williams, W. M. Wood
Those voting in the negative were Messrs.:
Higginbotham
Knapp
Those not voting were Messrs.:
Adams Anderson Bagby Bean Bennett Clarke, H. G. Conger Conner Cook Cox Daugherty DeLong Dollar Dorminy Drew Evensen Fleming
Floyd Gaissert Gary Harrington Harris, R. W. Howard Howell Hull Jones, M. Le vitas Matthews, D. R. Melton Mitchell Murphy Newton, D. L. Odom Otwell
Parker Rainey Smith, A. B. Smith, G. L. II Smith, V. T. Snellings Stewart Story Thomas Townsend Underwood Walling Westlake Wilson, J. M. Wilson, R. W. Mr. Speaker
On the motion to agree, the ayes were 152, nays 2.
The Senate amendment to HB 283 was agreed to.
THURSDAY, FEBRUARY 17, 1966
2113
HB 4. By Messrs. Smith of the 90th, Busbee of the 79th 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 valorem tax purposes and to adopt a different rate, and for other purpurposes.
The following Senate amendment was read:
The Senate Committee on Public Utility and Transportation moves to amend HB 4 as follows:
By inserting in Section 17 between the words "Commissioner" and "and" the following:
"or at such other time as the digest shall be required to be compiled",
so that when so amended Section 17 shall read as follows:
"Section 17. The value of all motor vehicles returned for taxation during the current calendar year shall be added to the regular digest at the time the same shall be transmitted to the State Revenue Commissioner or at such other time as the digest shall be required to be compiled and the total thereof shall be the tax digest."
By renumbering Sections 18, 19 and 20 as Sections 19, 20 and 21, respectively, and by inserting following Section 17 a new Section 18 to read as follows:
"Section 18. Nothing contained within this Act shall be con strued so as to require the payment of an ad valorem tax prior to the purchase of a license tag for any motor vehicle which is not subject to ad valorem taxation within this state."
Mr. Hale of the 1st moved that the House agree to the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Barber Barfield Bedgood Bennett
Berry Black Blair Brackin Brinkley Brown, C. Bryant Busbee
Byrd Caldwell Carley Carnes Gates Clark, J. T. Collins, J. F. Colwell
2114
Conger Crowe Dailey Daugherty Davis Dean Dickinson Dillon Dixon Dollar Doster Drew Duncan Egan Elliott Etheridge Farrar Floyd Fulford Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Houston Howard
JOURNAL OF THE HOUSE,
Howell Irvin Johnson, A. S. Dr. Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Land
Lane Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Lewis Longino Lovell
Lovett Lowrey Maddox Malone Marshall Matthews, C. Mauldin McClatchey
McCracken McDaniell Merritt Moore, Don C. Moore, J. H. NeSmith, J. D. Newton, A. S.
Oglesby Overby Pafford
Palmer Parker Parrish Phillips
Powers
Rainey Reaves
Reid Richardson
Roach Ross Rush Russell Savage Sherman Shields Sims Simkins Smith, W. L.
Spikes Stalnaker
Starnes
Steis Story Stovall Sullivan Sweat Taylor Thompson, R. Townsend
Tucker
Tye Vaughan, D. N. Vaughn, C. R.
Walling Ware Watkins
Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wood
Those voting in the negative were Messrs.
Rowland
Smith, A. B.
Those not voting were Messrs.:
Anderson Bagby Bean Blalock
Bowen Brantley Brown, B. D. Brown, M. P.
Carr Chandler
Clarke, H. G. Collins, M.
Conner Cook Cox DeLong Dorminy Evensen Fleming Funk Gaissert Harrington Hull Hutchinson Johnson, B. Jones, M. Knight
THURSDAY, FEBRUARY 17, 1966
2115
Leonard Levitas Matthews, D. R. Melton Minge Mitchell Mixon Murphy Nessmith, P. Newton, D. L. Odom Otwell Paris Peterson Pickard
Smith, G. L. II Smith, J. R. Smith, V. T. Snellings Snow Spillers Stewart Thomas Thompson, A. W. Underwood Wilson, J. M. Wilson, R. W. Mr. Speaker
On the motion to agree, the ayes were 147, nays 2.
The Senate amendment to HB 4 was agreed to.
HB 149. By Messrs. Smith of the 90th, Hale of the 1st and others:
A Bill to be entitled an Act to amend an Act reorganizing the State Department of Law so as to provide for the appointment, employment and removal of certain employees; and for other purposes.
The following Senate amendment was read:
The Senate Rules Committee moves to amend HB 149, as follows:
By striking from the caption the following words, to wit:
"To provide for authority of the Attorney General relative to certain actions".
By striking from Section 2 the sentence which reads:
"The Attorney General shall fix the compensation of all As sistant Attorneys General, Deputy Assistant Attorneys General, Law Assistants, and other employees of the Department of Law except that those employees under the Merit System shall be com pensated in accordance with the laws and rules and regulations of said system."
and inserting in lieu thereof the following:
"The compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, Law Assistants and other employees
2116
JOURNAL OP THE HOUSE,
of the Department of Law shall be established by the appointing authority, except that those employees under the Merit System shall be compensated according to the laws and rules and regulations of said System. The Assistant Attorneys General appointed by the Governor shall not be compensated at a rate in excess of the highest rate of compensation established by the Attorney General for the Assistant Attorneys General appointed by him."
so that when amended Section 2 of said Bill shall read as follows:
"Section 2
Said Act is further amended by striking Section 3 in its en tirety and inserting in lieu thereof a new Section 3 to read as follows:
" 'Section 3. All Assistant Attorneys General, Deputy As sistant Attorneys General, and Law Assistants shall be appointed by the Attorney General for such periods of time as he deems ad visable except that two Assistant Attorneys General may be ap pointed by the Governor for such periods of time as he deems ad visable to serve the Governor as his special attorneys. The com pensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, Law Assistants and other employees of the Department of Law shall be established by the appointing author ity, except that those employees under the Merit System shall be compensated according to the laws and rules and regulations of said system. The Assistant Attorneys General appointed by the Governor shall not be compensated at a rate in excess of the high est rate of compensation established by the Attorney General for the Assistant Attorneys General appointed by him. Any Assistant Attorney General, Deputy Assistant Attorney General, Law Assist ant or other employee not under the Merit System may be removed by the appointing authority.' "
By striking Section 4 in its entirety.
By renumbering Section 5 as Section 4.
Mr. Harris of the 118th moved that the House agree to the Senate amend ment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien
Barber Barfield Bean Bedgood
Bennett Berry Black Blair
THURSDAY, FEBRUARY 17, 1966
2117
Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Games Gates Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Cook Crowe Dailey Daugherty Davis Dean Dickinson Dillon Dixon Dollar Doster Drew Duncan
Egan
Elliott
Etheridge
Evensen
Farrar
Fulford
Funk
Gaissert
Gary
Gaynor
Gignilliat
Grahl
Grier
Hadaway
Hale
Hamilton
Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Houston Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambert Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino
Lovell
Lovett
M alone
Matthews, C.
Mauldin
McClatchey
McCracken
McDaniell
Melton
Merritt
Mixon
Moore, Don C.
Nessmith, P.
Newton, A. S.
Odom
Oglesby
Otwell
Overby
Pafford
Palmer
Paris
Parker
Parrish
Peterson
Phillips
Powers
Reaves
Reid
Roach
Rowland
Rush
Russell
Savage
Sherman
Shields
Sims
Simkins
Smith, J. R.
Smith, W. L.
Snow
Spikes
Spillers
Stalnaker
Starnes
.
Steis
Sullivan
Sweat
Taylor
Thomspon, A. W.
Thompson, R.
Tucker
Tye
Vaughan, D. N.
Vaughn, C. R.
Ware
Watkins
Watson
Webb
Wells
Westlake
Wiggins
Williams, G. J.
Wood
Voting in the negative were Messrs. A. B. Smith and W. M. Williams.
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JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Anderson Bagby Blalock
Carr Chandler Conner Cox DeLong Dorminy Fleming Floyd Harris, R. W. Howard Howell Hull
Johnson, B.
Jones, M. Lambros
Lowrey Maddox Marshall Matthews, D. R. Minge Mitchell Moore, J. H. Murphy NeSmith, J. D. Newton, D. L. Pickard Rainey
Richardson Ross Smith, G. L. II Smith, V. T.
Snellings Stewart Story Stovall Thomas Townsend Underwood Walling Wilson, J. M.
Wilson, R. W. Mr. Speaker
On the motion to agree, the ayes were 157, nays 2.
The Senate amendment to HB 149 was agreed to.
,Mr. Williams of the 16th stated that he voted "aye" on this motion, but that through mechanical error the voting machine recorded his vote as "nay".
HB 484. By Mr. Black of the 56th:
A Bill to be entitled an Act so as to authorize the governing authority of Chattahoochee County to fix the compensation of the sheriff within a certain salary range, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act placing the sheriff of Chat tahoochee County on an annual salary in lieu of the fee basis of com pensation, approved March 1, 1965 (Ga. Laws 1965, p. 2107), so as to provide that the county shall furnish the radio equipment required by the office of the sheriff; to provide that the sheriff maintain an office; to provide for the hours during which said office shall remain open; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the sheriff of Chattahoochee County on an annual salary in lieu of the fee basis of compensation, approved
THURSDAY, FEBRUARY 17, 1966
2119
March 1, 1965 (Ga. Laws 1965, p. 2107), is hereby amended by adding a new Section to be designated Section 7, to read as follows:
"Section 7. The governing authority of Chattahoochee County shall furnish the office of the sheriff with such radio equipment as may be required by the sheriff to properly discharge the official duties of his office. The sheriff of Chattahoochee County shall maintain an office at the courthouse or at such other place as may be designated by the governing authority of Chattahoochee County. The sheriff shall keep his office open to the public and the hours during which said office shall remain open shall be the same as the office of the clerk of the superior court of Chattahoochee County."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Black of the 56th moved that the House agree to the Senate substitute.
On the motion to agree, the ayes were 105, nays 0.
The Senate substitute to HB 484 was agreed to.
HB 468. By Mr. Conger of the 89th:
A Bill to be entitled an Act to repeal Code Section 92-7002 so as to pro vide that beginning March 1, 1968 it shall be the duty of the State Revenue Commissioner to examine the tax digests of the several coun ties; and for other purposes.
The following Senate amendment was read:
Senator Smalley of the 28th moves to amend HB 468 as follows:
By striking the punctuation mark "." at the end of Subsection a of Section 1 and inserting the following:
"and to ascertain compliance with Article VII, Section I, Para graph III of the Constitution."
By striking from Subsection b of Section 1 the following:
", so that the values fixed in one county shall not be out of due proportion to the values fixed in other counties for the same class of property.",
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JOURNAL OF THE HOUSE,
and inserting in lieu thereof the following: "in accordance with Article VII, Section I, Paragraph III of
the Constitution."
By striking from Subsection c of Section 1 the following:
"as may appear to be just and right between the counties.",
and inserting in lieu thereof the following:
"so as to bring the various counties in compliance with Article VII, Section I, Paragraph III of the Constitution."
The following House amendment to the Senate amendment was read and adopted:
Mr. Conger of the 89th moves to amend the Senate amendment to HB 468 by striking the third amendment thereto.
Mr. Conger of the 89th moved that the House agree to the Senate amendment as amended by 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.:
Abney Adams Alexander Alien Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blair Bo wen Brackin Brantley Brinkley Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Carries
Gates Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Conger Cook Crowe Dailey Daugherty Davis Dean Dickinson Dillon Dixon Dorminy Drew Duncan Elliott Etheridge Evensen Farrar Funk Gaissert
Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham
Hill Holder Hood Houston Howell Hutchinson Irvin Johnsonn, A. S. Dr. Johnson, B.
THURSDAY, FEBRUARY 17, 1966
2121
Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambert Land Lane
Lea, F. R. Lee, W. S. Leonard Le vitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Matthews, C. Mauldin McClatchey McDaniell Melton Merritt Mixon Moore, Don C.
Moore, J. H. Murphy Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Phillips Powers Reaves Reid Richardson Roach Ross Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, J. R.
Smith, W. L. Snow Spikes Spillers Starnes Steis Stewart Stovall Sullivan Sweat Taylor Thompson, A. W. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Ware Watkins Watson
Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wood
Those not voting were Messrs.:
Anderson Blalock Brown, B. D. Caldwell Carr Chandler Collins, M. Conner Cox DeLong Dollar Doster Egan Fleming Floyd Fulford
Gary Harrell Henderson Howard Hull Jones, M. Lambros Lee, W. J. (Bill) Marshall Matthews, D. R. McCracken Minge Mitchell NeSmith, J. D. Newton, D. L. Peterson
Pickard Rainey Smith, A. B. Smith, G. L. II Smith, V. T. Snellings Stalnaker Story Thomas Thompson, R. Underwood Walling Wilson, J. M. Wilson, R. W. Mr. Speaker
On the motion to agree, the ayes were 157, nays 0.
The Senate amendment to HB 468 was agreed to, as amended by the House.
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JOURNAL OF THE HOUSE,
HB 85. By Mr. Jones of the 112th:
A Bill to be entitled an Act to regulate charges and interest on loans secured by secondary mortgages on certain residential property, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to regulate charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed; to provide lor certain definitions; to provide for certain insurance and the charges associated therewith in connection with such loans; to provide for the forfeiture of the principal amount of the loan plus interest and other charges under certain circumstances; to provide for complete and itemized closing statements; to provide for the construction of this Act; to provide for penalties; to provide for the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. No person, copartnership, association, trust, corporation or any other legal entity shall directly or indirectly charge, take or receive for a loan secured in whole or in part by secondary security deeds other than a first mortgage, on residential real estate improved by the construction thereon of housing consisting of four or less family dwelling units, executed by an individual or individuals, a rate of charge as herein defined, excluding interest at the rate of six per cent (6%) per annum, as computed the provisions of Code Section 57-116, as amended, whether payable directly to the lender or to a third party in connection with such loan, which in the aggregate is greater than ten per cent (10%) of the principal indebtedness. Provided that where the stated principal sum of the indebtedness is one thousand five hundred dollars ($1,500.00) or less, the rate of charge may exceed said ten per cent (10%) but shall not be greater than one hundred fifty dollars ($150.00). Provided further that the said rates of charge shall not be made more often than once each thirty-six months by a renewal or additional loan. The borrower shall have the right to anticipate payment of his debt in whole or in part at any time and shall receive a rebate for any unearned interest, which rebate shall be computed in accordance with the Standard Rule of 78. The aggregate of the amount or value actually received at the time of the loan, plus the sum of all existing indebtedness of the borrower paid on his behalf by the lender, shall be deemed the principal amount of the loan.
Section 2. (a) The word "charge", as used in this Act, shall include any and every type of charge for compensation, consideration or expense, or for any other purpose whatsoever, including by whatsoever name called, but not by way of limitation, title searches, title reports, title opinions, title guarantees, credit reports, investigation costs, preparation of instruments, placement or discount fees, brokerage fees, recordings,
THURSDAY, FEBRUARY 17, 1966
2123
appraisals, insurance of any nature except as provided in subsection (b) below, and closing costs, but not including interest at the rate of six per cent (6%) per annum.
(b) Evidence of hazard insurance may be required by the lender of the borrower and the premium shall not be considered as a charge. Decreasing term life insurance, in an amount not exceeding the amount of the loan and for a period not exceeding the term of the loan, and accident and health insurance in an amount sufficient to make the monthly payments due on said loan in the event of disability of the borrower and for a period not exceeding the life of said loan may also be required by the lender of the borrower and the premium therefor, if included in the loan, may bear interest, and may be included in com puting the rate of charge, but shall not exceed the standard rate approved by the Insurance Commissioner for such insurance. Proof of all insurance issued in connection with loans subject to this Act shall be furnished to the borrower within ten days from the date of applica tion therefor by said borrower, by a certificate from the carrier. A delinquent or "late charge" not exceeding 5% of the monthly payment, may be charged on any installment made 15 or more days after the regularly scheduled due date, said charge to be made only once on any installment during the term of the loan.
(c) No charge for or application fee may be allowed whether or not the loan is consummated, provided however that the borrower may be required to reimburse the lender for actual expenses incurred after acceptance and approval of a loan proposal made in accordance with the provisions of this Act which is not consummated because of:
(1) The borrower's willful failure to close said loan; or
(2) The borrower's false or fraudulent representation of a mat erial fact which prevents closing of the loan as proposed.
(d) Nothing in this Act shall be construed as authorizing or making lawful the charging of interest on any loan secured by a secondary security deed on real estate at any greater rate than six per cent (6%) per annum computed in accordance with the provisions of Code Section 57-116, relating to interest on loans to be repaid in monthly, quarterly, or yearly installments, as amended.
Section 3. (a) If any loan secured by a secondary security deed on real estate is made in violation of the provisions of this Act, except as a result of a bona fide error, the lender shall forfeit the entire principal amount of the loan plus interest and other charges. In addition thereto, the lender shall also refund any payments on the loan which have been made by the borrower.
(b) Any agreement whereby the borrower waives the benefits of this Act or releases any rights he may have acquired by virtue thereof shall be deemed to be against public policy and void.
Section 4. Any person, copartnership, association, trust, corporation or any other legal entity making on its own behalf, or as agent, broker,
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JOURNAL OF THE HOUSE,
or in other representative capacity on behalf of any other person, copartnership, association, trust, corporation, or any other legal entity, a loan or real property financing transaction secured by a secondary security deed on real estate within the regulatory authority of this Act, whether lawfully or unlawfully, at the time of the closing shall furnish the debtor or borrower or grantor in the security deed mortgage, deed of trust or any other security instrument, a complete and itemized closing statement which shall show in detail all costs which are defined as a "charge" in Section 2, subsection (a) of this Act, together with any interest charges, and the disposition of the principal of the loan or security transaction, and the said detailed closing statement shall be signed by the lending agency or a representative of the lending agency, or a responsible officer, in its behalf, and a completed and signed ad ditional copy retained in the files of the lending agency involved and available at all reasonable times to the borrower, the borrower's succes sor in interest to the security real property, or the authorized agent of the borrower or the borrower's successor, until such time as the security instrument shall be satisfied in full.
Section 5. Nothing contained in this Act shall be construed so as to amend, modify, supersede or repeal an Act Approved March 4, 1955 (Ga. Laws 1955, p. 431), as now or hereafter amended.
Section 6. 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 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Jones of the 112th 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 Adams Alexander Alien Anderson Barber Barfield Bean Bedgood Bennett Berry
Black Blair Blalock
Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carnes
Carley Gates Chandler
Clarke, H. G. Cook Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon
Drew Duncan Egan
THURSDAY, FEBRUARY 17, 1966
2125
Elliott Etheridge Evensen Fulford Funk Gaissert Gary Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. R. Harris, R. W. Harrison Hawkins Higginbotham Hill Hood Howard Howell Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert
Land
Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Malone Marshall Matthews, C. Mauldin McCracken McDaniell Melton Merritt
Minge Mixon Moore, Don C. Moore, J. H. Murphy Newton, A. S. Oglesby Otwell Overby Paris Parker Parrish Phillips Powers Richardson Rush Savage Sherman Shields
Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers
Starnes Steis Stewart
Story Stovall Sullivan Sweat Taylor Thompson, A. W. Town send Tucker Tye Underwood Vaughn, C. R. Ware Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bagby Brown, M. P. Carr Clark, J. T. Colling, J. F. Collins, M. Colwell Conger Conner Cox Dollar Dorminy Doster Farrar Fleming Floyd
Gaynor Harris, J. F. Henderson Herndon Holder Houston Hull Jones, C. M. Knight Lambros Lane Leonard Lovell Lovett Maddox Matthews, D. R.
McClatchey
Mitchell NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Pafford Palmer Peterson Pickard Rainey Reaves Reid Roach Ross Rowland
2126
Russell Smith, A. B. Smith, J. R. Stalnaker
JOURNAL OP THE HOUSE,
Thomas Thompson, R. Vaughan, D. N. Walling
Watkins Wilson, J. M. Mr. Speaker
On the motion to agree, the ayes were 145, nays 0.
The Senate substitute to HB 85 was agreed to.
Under the general order of business established by the Committee on Rules, the following bills of the Senate were taken up for consideration and read the third time:
SB 68. By Senators Webb of the llth, Gillis of the 20th and others:
A Bill to be entitled an Act to provide that any bill relative to any retirement, pension or emeritus system must be introduced in the Gen eral Assembly during the first ten days of any session 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:
Those voting in the affirmative were Messrs.:
Adams Alexander Alien Bagby Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C.
Brown, M. P. Busbee Byrd Caldwell Carley Carnes Carr Chandler Clark, J. T. Collins, M. Colwell Conger Crowe Dailey Daugherty Davis Dickinson
Dillon Dixon Dollar Dorminy Doster Drew Duncan Evensen Floyd Fulford Punk Gaynor Gignilliat Grier Hadaway Hale Harrell
THURSDAY, FEBRUARY 17, 1966
2127
Harris, J. P. Harrison Hawkins Herndon Higginbotham Hill Hood Howard Howell Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Lowrey Maddox M alone
Marshall Matthews, C. Mauldin McClatchey McCracken
Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rowland Rush Russell Sherman
Sims Simkins Smith, W. L. Snellings Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thompson, A. W. Thompson, R. Townsend Tucker
Tye Vaughan, D. N. Vaughn, C. R. Ware Watkins Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs. Smith, A. B.
Those not voting were Messrs.:
Abney Anderson Barber Bo wen Bryant Gates Clarke, H. G. Collins, J. F. Conner Cook Cox Dean DeLong Egan Elliott
Etheridge Farrar Fleming Gaissert Gary Grahl Hamilton Harrington Harris, J. R. Harris, R. W. Henderson Holder Houston Hull Lambert
Leonard Levitas Longino Lovell Lovett Matthews, D. R. McDaniell Melton Merritt Mitchell Moore, J. H. Nessmith, P. Newton, D. L. Pafford Pickard
2128
Rainey Savage Shields Smith, G. L. II Smith, J. R.
JOURNAL OF THE HOUSE,
Smith, V. T. Snow Spillers Thomas Underwood
Walling Williams, G. J. Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 144, nays 1.
The bill, having received the requisite constitutional majority, was passed.
SB 25. By Senators Broun of the 46th, Kilpatrick of the 44th and others:
A Bill to be entitled an Act to provide for the submission of certain information to the Department of Public Safety, Bureau of Investiga tion; and for other purposes.
The following amendments were read and adopted:
Mr. Richardson of the 116th moves to amend SB 25 by inserting between the words "obtain" and "the" in Section 1, the words:
"where the person has been charged with the theft of a motor vehicle"
Mr. Murphy of the 26th moves to amend SB 25 by striking from Section 1 the words "It shall be the duty" and inserting in lieu thereof the word "upon"; and by striking the words "to obtain" and inserting in lieu thereof the word "obtaining".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Barber Barfield Bean
Bedgood Bennett Berry Blalock Brackin Brinkley Brown, B. D.
Brown, C. Brown, M. P. Byrd Caldwell Carley Carnes Carr
THURSDAY, FEBRUARY 17, 1966
2129
Clarke, H. G. Clark, J. T. Collins, M. Colwell Conger Crowe Davis Dean Dickinson Dillon Dixon Dollar Doster Drew
Duncan Evensen Floyd Funk Gaynor Gignilliat Grier Hadaway Hamilton Harrell Harris, J. F. Harrison Hawkins Herndon Higginbotham Hill Holder Hood Howell Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul
Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Land
Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Lovell Malone Matthews, C. Mauldin McCracken McDaniell
Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Parker Parrish Peterson Phillips Powers Reaves Reid
Richardson Roach Rowland Rush Savage Sims Smith, J. R. Smith, V. T. Smith, W. L. Snow
Spikes Stalnaker Starnes Steis Stewart Story Stovall .Sullivan Sweat Taylor Thomas Thompson, R. Townsend Tucker
Tye Vaughan, D. N. Vaughn, C. R. Ware Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Bagby
Thompson, A. W.
Those not voting were Messrs.:
Alexander Black Blair Bowen Brantley Bryant Busbee
Cates Chandler Collins, J. F. Conner Cook Cox Dailey
Daugherty DeLong Dorminy Egan Elliott Etheridge Farrar
2130
Fleming Fulford Gaissert Gary Grahl Hale Harrington Harris, J. R. Harris, R. W. Henderson Houston Howard Hull Knight Leonard
JOURNAL OF THE HOUSE,
Levitas Longino Lovett Lowrey Maddox Marshall Matthews, D. R. McClatchey Melton Merritt Mitchell Moore, J. H. Newton, D. L. Paris Pickard
Rainey Ross Russell Sherman Shields Simkins Smith, A. B. Smith, G. L. II Snellings Spillers Underwood Walling Watkins Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 136, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 46. Senators Kendrick of the 32nd and Coggin of the 35th: A Bill to be entitled an Act to amend an Act so as to include within the definition of the terms cosmetologist and beautician those persons who perform certain services on the hair of deceased persons and wigs; and for other purposes.
The following amendment was read and adopted:
Mr. Ware of the 42nd moves to amend SB 46 as follows:
By striking from the second paragraph of Section 2, quoted Section 4, the following sentence:
"One member shall be appointed for a term of one year, one member shall be appointed for a term of two years, and one member shall be appointed for a term of three years, and thereafter the terms of the members of said board shall be for three years and until their successors are appointed and qualified.",
and inserting in lieu thereof a new sentence to read as follows:
"Two members shall be appointed for terms of one year; two members shall be appointed for terms of two years, and one member shall be appointed for a term of three years, and thereafter the terms of the members of said board shall be for three years and until their successors are appointed and qualified."
THURSDAY, FEBRUARY 17, 1966
2131
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Anderson Barber Barfield Bean Bedgood Bennett Berry Black Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Carr Clark, J. T. Collins, J. F. Colwell Conger Cook Cox Crowe Dailey Davis Dean Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Elliott
Evensen Farrar Floyd Fulford Funk Gary Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harrison Hawkins Henderson Herndon Higginbotham
Hill Holder Hood Houston Howard Howell Hutchinson Irvin Jones, C. M.
Jones, M. Jordan, Ben C.
Kiley Knapp Lambros Land Lane Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Lewis Longino
Lowrey Maddox Malone Matthews, C.
Mauldin McCracken McDaniell Melton Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Odom
Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard Reaves Richardson Roach Ross Rowland Rush Russell Savage Sherman
Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L.
Snow Spikes Stalnaker Starnes
2132
Steis Stewart Story Stovall Sullivan Sweat Taylor Thompson, A. W. Thompson, R.
JOURNAL OF THE HOUSE,
Townsend Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson
Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wood
Those not voting were Messrs.:
Bagby Blair Bowen Brantley Gates Chandler Clarke, H. G. Collins, M. Conner Daugherty DeLong Egan
Etheridge Fleming Gaissert Gaynor
Hale Harris, J. R. Harris, R. W. Hull Johnson, A. S. Dr. Johnson, B. Jones, G. Paul Jordan, W. H. Knight Lambert Leonard Le vitas Lovell Lovett Marshall Matthews, D. R.
McClatchey Merritt Mitchell Nessmith, P. Newton, D. L. Powers Rainey Reid Snellings Spillers Thomas Tucker Wilson, R. W. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 73. By Senators Webb of the llth and Jackson of the 16th:
A Bill to be entitled an Act to amend Code Title 88, known as the Georgia Health Code, relating to Grants for Medical 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:
THURSDAY, FEBRUARY 17, 1966
2133
Those voting in the affirmative were Messrs.
Abney Adams Alien Anderson Bagby Barber Barfield Bean Bennett Black Blalock Brackin Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley Carnes Carr Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Cook Cox Crowe Dailey Daugherty Davis Dean Dickinson Dillon Dixon Dollar Doster Drew
Duncan Floyd Fulford Funk
Gary Gaynor Grahl
Hadaway Hale Hamilton Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Higginbotham Hood Howell Hutchinson Irvin Johnson, A. S. Dr. Jones, M. Kiley Knapp Knight Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Lowrey
Maddox Malone Matthews, C. McCracken McDaniell Melton Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L.
Oglesby Otwell Overby Pafford Palmer Paris
Parrish Peterson
Phillips Powers Reaves Richardson Roach Ross Rowland Rush Russell Savage Sherman Sims Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Tucker
Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins
Watson Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W.
Wood
Those not voting were Messrs.:
Alexander Bedgood
Berry Blair
Bowen Brantley
2134
Brown, M. P. Gates Chandler Conner DeLong Dorminy Egan Elliott Etheridge Evensen Farrar Fleming Gaissert Gignilliat Grier Harrell Harrington Harris, R. W. Henderson
JOURNAL OF THE HOUSE,
Hill Holder Houston Howard Hull Johnson, B. Jones, C. M. Jones, C. Paul Jordan, Ben C. Jordan, W. H. Lane Leonard Levitas Longino Lovell Lovett Marshall Matthews, D. R. Mauldin
McClatchey Merritt Mitchell Nessmith, P. Odom Parker Pickard Rainey Reid Shields Spillers Steis Stewart Thompson, R. Townsend Westlake 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 89. By Senator Holley of the 22nd:
A Bill to he entitled an Act to amend Code Section 13-204 relating to private banks and bankers, and for other purposes.
The following Committee amendment was read and adopted:
The House Committee on Banks and Banking amends SB 89 by striking from Section 2 thereof the date "January 1, 1968" and inserting in lieu thereof the date "July 1, 1968".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Anderson
Bagby Barber Barfield
Bean Bedgood Bennett
THURSDAY, FEBRUARY 17, 1966
2135
Berry Black Blalock Bo wen Brackin Brinkley Brown, B. D. Bryant Byrd Caldwell Carnes Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Conger Cook Dailey Daugnerty Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Floyd Fulford Funk Gary Gaynor Gignilliat Grahl Grier Harrell Harris, J. F. Harris, J. R.
Harris, R. W. Hawkins Henderson Herndon Higginbotham Hill Hood Howard Howell Hutchinson Johnson, A. S. Dr. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Marshall Matthews, C. Mauldin McCracken McDaniell Melton Minge Mixon Moore, J. H. NeSmith, J. D. Newton, A. S. Odom
Oglesby Palmer Paris Parker Pickard Powers Reaves Reid Richardson Roach Rowland Russell Sherman Shields Sims Simkins Smith, A. B. Smith, J. R. Smith, W. L. Snellings Snow Spikes Starnes Steis Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Walling Ware Watson Webb Westlake Wiggins Williams, W. M. Wilson, R. W.
Those voting in the negative were Messrs.
Harrison Holder Murphy
Pafford Rush Stewart
Williams, G. J.
Those not voting were Messrs.:
Alexander Alien
Blair Brantley
Brown, C. Brown, M. P.
2136
Busbee Carley Carr Gates Chandler Colwell Conner Cox Crowe Etheridge Even sen Parrar Fleming Gaissert Hadaway Hale Hamilton Harrington Houston
JOURNAL OF THE HOUSE,
Hull Irvin Johnson, B. Knight Leonard Maddox Malone Matthews, D. R. McClatchey Merritt Mitchell Moore, Don C. Nessmith, P. Newton, D. L. Otwell Overby Parrish Peterson Phillips
Rainey Ross Savage Smith, G. L. II Smith, V. T. Spillers Stalnaker Story Stovall Taylor Townsend Vaughn, C. R. Watkins Wells Wilson, J. M. Wood Mr. Speaker
On the passage of the Bill, as amended, the ayes were 136, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Overby of the 16th requested that he be recorded as having voted "aye" on the passage of SB 89.
Mr. Stewart of the 109th stated that he inadvertently voted "nay" on the passage of SB 89. He meant to vote "aye".
SB 11. By Senators Webb of the llth, Carter of the 14th and others:
A Bill to be entitled an Act to amend an Act so as to provide for addi tional members of the Georgia Educational Improvement 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander
Anderson Barfield Bean
Bedgood Bennett Berry
THURSDAY, FEBRUARY 17, 1966
2137
Black Blair Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C. Bryant Byrd Caldwell Coiling, M. Conger Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge Farrar Fleming Floyd Fulford Funk Gaissert Gary Gignilliat Grahl Grier Hamilton Harrell Harris, J. R.
Harris, R. W. Harrison Hawkins Henderson Herndon Hill Hood Houston Howard Hutchinson Irvin Johnson, A. S. Dr. Jones, G. Paul Jordan, Ben C. Kiley Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. McCracken Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy Newton, A. S. Odom Oglesby Otwell Overby Pafford
Palmer Paris Parker Parrish Peterson Phillips Powers Reid Richardson Roach Ross Rush Russell Savage Sherman Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Tye Vaughan, D. N. Walling Ware Watkins Webb Wells Wiggins Williams, G. J. Wilson, R. W.
Voting in the negative was Mr. J. F. Harris.
Those not voting were Messrs.:
Alien Bagby Barber
Brown, M. P. Busbee Carley
Carnes Carr Gates
2138
Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Conner Cook Cox Evensen Gaynor Hadaway Hale Harrington Higginbotham Holder Howell Hull Johnson, B.
JOURNAL OF THE HOUSE,
Jones, C. M. Jones, M. Jordan, W. H. Knapp Knight Lambert Lane Longino Lovett Mauldin McClatchey McDaniell Mitchell NeSmith, J. D. Nessmith, P. Newton, D. L. Pickard Rainey
Reaves Rowland Shields Smith, A. B. Smith, J. R. Stewart Thompson, R. Townsend Tucker Underwood Vaughn, C. R. Watson Westlake Williams, W. M. Wilson, J. M. Wood Mr. Speaker
On the passage of the Bill, the ayes were 141, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 41. By Senators Webb of the llth and Jackson of the 16th:
A Bill to be entitled an Act to amend the Health Code, relating to the powers of the county boards of health; and for other purposes.
An amendment offered by the Committee on State Institutions and Property was read and withdrawn.
The following amendment was read and adopted:
Mr. Watkins of the 9th moves to amend the amendment to SB 41 as follows:
By striking Subsection (f) of quoted Section 1 in its entirety and substituting in lieu thereof a new Subsection (f) to read as follows:
"(f) Make contracts and establish and accept fees for the purpose of providing mental health diagnostic and treatment services and for providing, under direction and supervision of attending physicians, home health care services for the chronically ill and for the chronically ill and aged for such period of time that such home health care services are not available; provided, however, that any person otherwise eligible for such services, but being financially unable to pay all or any part of the fee, shall be afforded
THURSDAY, FEBRUARY 17, 1966
2139
the same services as provided for fee patients, and provided further, that the scope of services, operating details, contracts and fees first shall have been approved by the Board of Health of the De partment of Public Health."
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 Adams Alexander Alien Anderson Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Byrd Carley Carnes Chandler Collins, M. Conger Crowe Dailey Daugherty Davis Dean DeLong Dillon Dixon Dollar Doster Drew Duncan Egan Elliott
Etheridge Farrar Fleming Fulford Funk Gary Gaynor Gignilliat Grahl Grier Hamilton Harrell Harrington Harris, J. F. Harrison Hawkins Herndon Hill Holder Hood Houston Howard Howell Hutchinson Irvin Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis
Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt Minge Moore, Don C. Moore, J. H. Murphy Newton. A. S. Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Phillips Powers Rainey Richardson Roach Ross Rush Russell Savage Sherman Sims
2140
Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart
JOURNAL OF THE HOUSE,
Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling
Ware Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bagby Barber Bo wen Brantley Brown, M. P. Bryant Busbee Caldwell
Carr Gates Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Conner Cook Cox Dickinson Dorminy Even sen
Floyd Gaissert Hadaway Hale Harris, J. R. Harris, R. W. Henderson Higginbotham Hull Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Knight Lane Leonard Levitas McClatchey McDaniell Mitchell
Mixon NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Peterson Pickard Reaves Reid Rowland Shields Smith, A. B. Smith, J. R. Thompson, R. Townsend Underwood Wells Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 1. By Senator Webb of the llth:
A Bill to be entitled an Act to provide that the possession of a wagering occupational tax stamp shall be held in the courts of this State as prima facie evidence of the violation of the gambling laws of this State, and for other purposes.
THURSDAY, FEBRUARY 17, 1966
2141
The following substitute, offered by Mr. Thomas of the 77th, was read and adopted:
A BILL
To be entitled an Act to provide for more effective enforcement of the gambling and lottery laws of this State by providing that the holding, owning, having in possession of or paying the tax for a wager ing occupational tax stamp, as provided in 26 V. S. Code, Section 4411, issued by the Internal Revenue Authorities of the United States shall be held in all the courts of this State as prima facie evidence of the guilt of the person holding such stamp in any prosecution of such person for violation of the gambling or lottery laws of this State; to provide for a report by the Revenue Commissioner of this State to various law enforcement agencies of this State of persons paying the taxes on coin-operated gambling devices as provided in 26 U. S. Code 4461; to provide an effective date; to repeal conflicting laws; to provide severability; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. The holding, owning, having in possession of or paying the tax for a wagering occupational tax stamp, as provided in 26 U. S. Code Section 4411, issued by the Internal Revenue authorities of the United States after July 1, 1966, shall be held in all courts of this State as prima facie evidence of the guilt of the person holding such stamp in any prosecution of such person for violation of the gambling or lottery laws of this State, as the same appears in Section 26-6401 through 26-6412, (inclusive) Georgia Code Annotated, and the lottery laws of this State as the same appear in Section 26-6501 through 26-6503 of the Georgia Code of 1933.
Section 2. The Commissioner of Revenue for the State of Georgia shall annually, not later than August 15th of each year, ascertain what person or persons have been issued, or hold, own, possess, or are paying the taxes on a coin-operated gambling device or devices, as provided in 26 U. S. Code 4461, issued by the Internal Revenue authorities of the United States, and said Commissioner of Revenue shall report this fact or facts in writing to all law enforcement agencies seated in the county of the residence of such person holding, owning, having in possession of, or paying the aforesaid taxes.
Section 3. The provisions of this Act shall become effective on July 1, 1966.
Section 4. If any clause, sentence, section or other part of this Act shall be held unconstitutional, or invalid, the same shall not have the effect of invalidating any other part thereof.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
2142
JOURNAL OP THE HOUSE,
Mr. Caldwell of the 51st moved the previous question.
The motion prevailed and the previous question was ordered.
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 Adams Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Bowen Brackin Brantley Brinkley Brown, C. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G. Collins, J. P. Collins, M. Conner Cook Crowe Dailey Davis Dean
DeLong Dickinson Dillon Dixon Dollar Doster Drew Duncan Egan Elliott Etheridge Farrar Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. P. Harris, R. W. Harrison Hawkins Henderson Herndon Hill Holder Houston Howard Howell
Hutchinson Irvin Johnson, B. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Knight Lambert Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P.
THURSDAY, FEBRUARY 17, 1966
2143
Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Phillips Powers Reaves Reid Richardson Roach Ross Rowland Rush Russell Savage
Sherman Sims Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Thomas
Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Lovett Murphy
Pickard
Thompson, R.
Those not voting were Messrs.:
Alexander Brown, B. D. Brown, M. P. Clark, J. T. Colwell Conger Cox Daugherty Dorminy Evensen
Hale Harris, J. R. Higginbotham Hood Hull Johnson, A. S. Dr. Jones, C. M. Jordan, Ben C. Lambros McClatchey
McDaniell Odom Peterson Rainey Shields Taylor Thompson, A. W. Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 172, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. McDaniell of the 101st requested that he be recorded as having voted "aye" on the passage of SB 1, by substitute.
2144
JOURNAL OF THE HOUSE,
Under the general order of business established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration and read:
SB 88. By Senator Holley of the 22nd and others:
A Bill to be entitled an Act to provide for the incorporation of regulated certificated banks, and for other purposes.
The following Committee amendment was read and adopted:
The House Committee on Banks and Banking amends Section 22(a) of SB 88 by striking from said Section on Page 18 the figure "$400,000" and inserting in lieu thereof the figure "$700,000"; and by striking from said Section 22(a) the following: "$400,000 and not exceeding $500,000, $500,000 and not exceeding $600,000, and $600,000 and not exceeding $700,000."
The House Committee on Banks and Banking further amends SB 88 by striking from Section 52 the date "July 1, 1966" and inserting in lieu thereof the date "January 1, 1967".
The House Committee on Banks and Banking further amends SB 88 by striking Section 14 in its entirety and inserting in lieu thereof a new Section 14 to read as follows:
"Section 14. Payment of Capital
All of the capital stock of every bank applying for a charter shall be paid in, in cash, before such bank shall be authorized to commence business."
The following amendments were read and adopted:
Mr. Fleming of the 106th moves to amend SB 88 as follows:
By striking Section 17 (a) in its entirety and substituting in lieu thereof a new Section 17 (a) to read as follows:
"Section 17 (a). Deposit Insurance. Every regulated certifi cated bank incorporated under the provisions of this Act shall be required to obtain deposit insurance when, in the opinion of the Superintendent of Banks, any such bank shall become eligible and can qualify for deposit insurance. Such deposit insurance shall be written by an insurance company authorized to transact business in the State of Georgia or by the Federal Deposit Insurance Cor poration. The deposits of each depositor shall be insured in an amount of not less than $2,000.00, or the total amount of the deposits of any depositor when such deposits are less than $2,000.00. Until such deposit insurance is obtained, such banks shall be re-
THURSDAY, FEBRUARY 17, 1966
2145
quired to post a sign in boldface print, in letters at least four inches (4") high, at a conspicuous place near the entrance of such bank, which states "Regulated Certificated Bank--Deposits not Insured". After obtaining such deposit insurance, such banks shall be re quired to display a sign in boldface print, in letters at least four inches (4") high, at a conspicuous place near the entrance of such bank, which states "Regulated Certificated Bank--Deposits Insured Up To (Insert amount of deposit insurance)."
Mr. NeSmith of 43rd moves to amend SB 88 as follows:
By striking Section 14 in its entirety and substituting in lieu thereof a new Section 14 to read as follows:
"Section 14. Payment of capital. Whenever a private bank is incorporated as a regulated certificated bank, as provided herein, captial stock may be paid by a transfer of the assets of such private bank, provided the live assets of such private bank shall exceed its liabilities- by an amount equal to the amount of the capital stock, such assets to be taken at the true value thereof, and the Superin tendent of Banks shall cause an examination of such private bank to be made and its assets and liabilities ascertained before authoriz ing the payment of the capital by a transfer of such assets and before permitting it to begin business as a regulated certificated
bank."
An amendment offered by Mr. Underwood of the 61st was read and lost.
An amendment offered by Mr. Murphy of the 26th 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 Adams Alexander Alien Anderson Barber Barfield Bean
Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley
Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley
2146
Carnes Gates Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Colwell Conger Conner Cox Crowe Dailey Daugherty Davis Dickinson Dillon Dixon Dollar Dorminy Drew Egan Elliott Etheridge Evensen Farrar Fleming Gaissert Gary Gaynor Gignilliat Grahl Hadaway Hale Harrell Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Henderson Higginbotham Hood Howard Howell Hull Hutchinson
JOURNAL OF THE HOUSE,
Irvin Johnson, A. S. Dr. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambert Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovett Lowrey Maddox Malone Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Palmer Parrish Peterson Phillips Pickard Powers
Reid Richardson Roach Ross Rowland Russell Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings
Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Thompson, A. W. Thompson, R. Townsend Tucker
Tye Vaughan, D. N.
Walling Ware Watkins Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Brantley Doster Duncan Harrison Herndon
Holder Marshall Murphy Pafford Paris
Rainey Rush Underwood Williams, G. J.
THURSDAY, FEBRUARY 17, 1966
2147
Those not voting were Messrs.:
Bagby Bowen Carr Chandler Cook Dean DeLong Floyd Fulford Funk Grier
Hamilton Harrington Hill Houston Johnson, B. Lambros Leonard Levitas Lovell Matthews, D. R. Mitchell
Moore, J. H. Odom Parker Reaves Savage Spillers Taylor Thomas Vaughn, C. R. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 158, nays 14.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Messrs. Levitas of the 118th and Dean of the 20th requested that they be reccorded as having voted "aye" on the passage of SB 88, as amended.
SB 182. By Senators Plunkett of the 30th, Coggin of the 35th and Broun of the 46th:
A Bill to be entitled an Act to provide for a method for the annexation of contiguous territory to incorporated municipalities, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Special Judiciary moves to amend SB 182 as follows:
By striking Section 7 in its entirety and substituting therefor a new Section 7 to read as follows:
"Section 7. When such application is acted upon by the mu nicipal authorities and the land is, by ordinance, annexed to the municipality, a complete survey by a competent surveyor, not necessarily a county surveyor, shall be filed as a part of the ordinance annexing the territory and a copy certified to by the clerk or similar official of the municipality shall be filed with the Secretary of State of the State of Georgia and municipal ad valorem taxes shall not apply to property within the annexed ter ritory until January 1 of the following year. When so annexed, such lands shall constitute a part of the lands within the corporate limits of the municipality as completely and fully as if the limits had been marked and defined by special Act of the General As sembly.
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JOURNAL OF THE HOUSE,
'Incorporated municipality' as used in this Act shall mean an incorporated municipality which has a population of 200 or more persons according to the 1960 Federal Decennial census or any future such census."
An amendment offered by Mr. Dickinson of the 27th was read and lost.
The following amendments were read and adopted:
Mr. Mitchell of the 3rd moves to amend SB 182 by adding a new section to be numbered appropriately and to read as follows:
"Nothing within this Act shall prohibit the municipality from requiring the residents of the new annexed area to use city owned utilities when they are available."
Mr. Howard of 101st moves to amend SB 182 by striking the last sentence in Section 5 and adding a new sentence to read:
"Provided there shall be no annexation across the boundary lines of any political subdivision under the provisions of this Act".
Mr. Lee of the 79th moves to amend SB 182 as follows:
By striking Section 5 in its entirety and substituting therefore the following new Section 5:
"Section 5. 'Contiguous area' shall mean any area which, at the time annexation procedures are initiated, coincides with the municipal boundary on at least one-eighth of the area's aggregate external boundary. Any area separated from the municipal boundary by a street or street right-of-way, a creek or river, the right-of-way of a railroad or other public service corporation, lands owned by the city, lands owned by a county, or lands owned by the State of Georgia shall be a 'contiguous area' within the meaning of this Act when such area coincides with either the municipal boundary as such land or both on at least one-eighth of such area's aggregate external boundary. Provided, there shall be no annexation across the boundary line of any political subdivision without the consent of all political subdivisions whose boundary lines are crossed."
Mr. Howard of the 101st, moves to amend SB 182 by striking from Section 1 the following paragraph:
"For the purpose of determining ownership of the property included within such application, the owner or owners of the fee simple title, or his legal representative, as shown by the records of the Clerk of Superior Court shall be considered the "owner" of such property."
THURSDAY, FEBRUARY 17, 1966
2149
and substituting therefor the following paragraph, as corrected:
"For the purpose of determining ownership of the property included within such application, the record title holder of the fee simple title, or his legal representative, shall be considered the "owner" of such property."
Mr. Paris of the 23rd moves to amend SB 182 by adding a new section to be numbered appropriately as follows:
"Any citizen affected by the annexation under this Act may bring a validation petition in the superior court of the county wherein the annexed property lies, to determine the validity of such annexation, within 30 days after the same is approved by the municipality affected thereby, all as provided in cases for tb', validation of municipal bonds."
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 Adams Alexander Anderson Barber Bean Bedgood Berry Blair Blalock Bowen Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Carley Carnes Gates Chandler Clarke, H. G. Collins, J. F. Cook
Crowe Daugherty Davis Dean Dickinson Dillon Dollar Drew Egan Etheridge Evensen Farrar Fulford Funk Gary Gaynor Grahl Grier Hale Hamilton Harrell Harris, J. R. Harris. R. W. Hawkins
Higginbotham Hood Houston Howard Howell Hutchinson Johnson, A. S. Dr. Jones, C. M. Jones, G. Paul Jordan, W. H. Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bi;;> Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone
2150
Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Merritt Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Newton, A. S. Newton, D. L. Odom Oglesby Overby Palmer Parrish
JOURNAL OF THE HOUSE,
Phillips Pickard Reid Richardson Roach Ross Rush Russell Savage Shields Sims Smith, W. L. Snellings Snow Spikes Stalnaker S tames Steis
Sullivan Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughn, C. R. Walling Ware Watkins Watson Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wood
Those voting in the negative were Messrs.
Alien Barfield Bennett Black Byrd Caldwell Clark, J. T. Collins, M. Colwell Dailey DeLong Dixon Dorminy Doster Duncan Fleming
Gaissert Gignilliat Hadaway Harrington Harris, J. F. Harrison Herndon Hill Holder Kiley Knight Land Lane Lovett Marshall Melton
Otwell Pafford Paris Rainey Reaves Sherman Simkins Smith, A. B. Spillers Stewart Stovall
Sweat Taylor Vaughan, D. N.
Webb Wilson, R. W.
Those not voting were Messrs.:
Bagby Brackin Brantley Carr Conger Conner Cox Elliott Floyd Henderson
Hull Irvin Johnson, B. Jones, M. Jordan, Ben C. McDaniell Minge NeSmith, J. D. Nessmith, P. Parker
Peterson Powers Rowland Smith, G. L. II Smith, J. R. Smith, V. T. Story Thomas Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 126, nays 48.
THURSDAY, FEBRUARY 17, 1966
2151
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Bill of the House was taken up for the purpose of consider ing the report of the Committee of Conference thereon:
HB 6. By Messrs. Hull of the 104th, Murphy of the 26th and others: A Bill to be entitled an Act to completely revise pretrial, trial and certain posttrial procedures in civil cases; and for other purposes.
The following report of the Committee of Conference was read:
Mr. President:
Mr. Speaker:
The Committee of Conference appointed on HB 6 respectfully re ports as follows:
(1) The Committee recommends that the House recede from its position and agree to the Senate amendments to HB 6, a copy of which is attached hereto, with the following exceptions:
That the Senate recede from its position on Item 8 of the Senate amendments.
That the Senate and the House recede from their positions on Item 14 of the Senate amendment and that the following be adopted:
By striking from Section 65 (b) in the ninth line the figures and words '60 days' and inserting in lieu thereof the figures and word '45 days'; and
By striking from the last line of said Section 65 (b) the word 'that'."
That the Senate recede from its position on Item 15 of the Senate amendment.
(2) The Committee recommends that the House recede from its position and adopt the Senate amendment to Section 13 Subsection (b).
This 16th day of February, 1966.
ON BEHALF OF THE SENATE: Smalley of 28th District Gayner of 5th District Johnson of 42nd District
2152 ;
JOURNAL OF THE HOUSE,
ON BEHALF OF THE HOUSE OF REPRESENTATIVES:
R. W. Harris of 85th District Murphy of 26th District Walling of 118th District
The Committee on the Judiciary moves to amend HB 6 as follows:
1. By adding at the end of Section 6 (a) the following:
"This subsection shall apply whether the period is measured in days, months, years, or other unit ol measurement of time."
2. By striking from Section 13(a), Hth and 12th lines, the words "exceeds the jurisdictional limit of the court", and by substituting in lieu thereof the words: "is not within the jurisdiction of the Court".
3. By adding a period after the words "third party plaintiff" in the 17th line of Section 14(a), and by inserting just before the words "and the third-party defendant" in said line of said section, the words:
"The plaintiff may assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff."
4. By striking from Section 17(a), third line, the semi-colon fol lowing the words "interest", and by substituting in lieu thereof a period, and by striking the word "but" which follows and by capitalizing the "A" in the word "An" which follows.
5. By striking subparagraph (3) of Section 23(a).
6. By adding in Section 30(d), before the word "Granting" in the 12th line of said paragraph the word "In".
7. By designating the "Section 35" on page 41, entitled "Admission of Facts and Genuineness of Documents" as "Section 36".
8. By striking from Section 42(a), second line, the words ", if the parties consent".
9. By designating existing Section 46 as "46(a)", and by adding a new subparagraph to be known as "b", as follows:
"(b) Where motion for mistrial or other like relief is made, the question is thereby presented as to whether the moving party is entitled to the relief therein sought or to any lesser relief, and where such motion is denied in whole or in part, it shall not be
THURSDAY, FEBRUARY 17, 1966
2153
necessary that the moving party thereafter renew his motion or otherwise seek further ruling by the Court."
10. By striking from Section 50 (b), in the 3rd line from the end, the word "has" and by substituting in lieu thereof the word "had".
11. By striking the last sentence of Section 51 and by substituting in lieu thereof the following:
"The Court shall cause all requests to charge presented to it to be filed with the clerk, unless previously filed."
12. By striking from Section 55(a), in the second line, the words "its appearance day", and by substituting in lieu thereof the words, "the time required by these rules", and by striking from the fifth line of said Section, the words "after the appearance day", and by substi tuting in lieu thereof the words "of the day of default", and by striking from the twelfth line the words "civil cases" and by substituting there for the words "ex contractu".
13. By adding at the end of Section 60(b), the following:
"but generally judgments shall not be set aside without just cause, and in setting aside or otherwise modifying judgments, the Courts shall consider whether rights have vested thereunder, and whether or not innocent parties would be injured thereby."
14. By striking from Section 65 (b) in the ninth line, the words "60 days" and by substituting in lieu thereof the figures and words "20 days"; and by striking from the last line of said Section 65(b), the word "that".
15. By adding immediately following Section 134, and just before Section 135, a new section, Section 134A, as follows:
"Section 134A. Ejectment. The fictitious forms of pleading in ejectment are hereby abolished. A complaint in ejectment shall be brought in the name of the party claiming title or the right of possession, and shall name as defendant the person or persons in possession or claiming an interest therein. The complaint shall contain an abstract of plaintiff's title or refer to the deeds by date, parties and recording information constituting plaintiff's chain of title, for at least thirty (30) years back, or else allege why such could not be done. The defendant shall in like manner identify his chain of title or right of possession for a like period, or else allege why such cannot be done. The question in ejectment shall be whose title or right of possession is superior. The plaintiff may in sepa rate counts rely upon as many different chains of title as he may have, and a like privilege shall be accorded defendant."
16. By adding to Section 135, a new subparagraph to be known as subparagraph "(jj)", to read the follows:
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JOURNAL OF THE HOUSE,
"(jj). Code Sections 110-701, 110-702, 110-703, 110-704, 110-706, 110-707, 110-708, 110-710 and 37-219, relating to motions in arrest, motions to set aside, petitions in equity to set aside, and other like remedies."
Mr. Murphy of the 26th moved that the House adopt the report of the Committee of Conference on HB 6.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Alexander Alien Anderson Barber Barfield Bedgood Bennett Berry Black Blair Blalock Bowen Brackin Brinkley Brown, B. D. Brown, C. Bryant Byrd Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Cook Crowe Dailey Daugherty Davis DeLong Dickinson Dorminy Drew Duncan Egan Elliott Etheridge Farrar Fleming Floyd
Fulford Gary Gaynor Gignilliat Grahl Grier Hadaway Harrell Harrington Harris, J. R. Harris, R. W. Harrison Henderson Herndon Hill Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jordan, W. H. Kiley Knapp Knight Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino
Lovell Lovett Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Ne Smith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Phillips Pickard Powers Reaves Reid Richardson Ross Rowland Rush Savage Sherman
THURSDAY, FEBRUARY 17, 1966
2155
Shields Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, W. L. Snellings Spikes Spillers Starnes
Stewart Story Stovall Sullivan Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye
Walling Ware Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wood
Those not voting were Messrs.:
Abney Adams Bagby Bean Brantley Brown, M. P. Busbee Caldwell Carley Games Carr Gates Colwell Conger Conner Cox Dean
Dillon Dixon Dollar
Doster Evensen Funk Gaissert Hale Hamilton Harris, J. F. Hawkins Higginbotham Howard Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Maddox McClatchey McDaniell Melton Nessmith, P. Peterson
Rainey Roach Russell Sims Smith, V. T. Snow Stalnaker Steis Sweat Taylor Underwood Vaughan, D. N. Vaughn, C. R. Watkins Watson Wilson, J. M. Wilson, R. W. Mr. Speaker
On the motion to adopt, the ayes were 146, nays 0.
The report of the Committee of Conference on HB 6 was adopted.
Mr. Etheridge of the 123rd arose to a point of personal privilege and ad dressed the House.
Mr. Busbee of the 79th gave notice that at the proper time he would move that the House reconsider its action in passing the following Bill of the Senate:
SB 1. By Senator Webb of the llth:
A Bill to be entitled an Act to provide that the possession of a wagering occupational tax stamp shall be held in the courts of this State as prima
2156
JOURNAL OF THE HOUSE,
facie evidence of the violation of the gambling laws of this State, and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 68. By Messrs. Steis of the 100th, Jones of the 76th and others:
A Bill to be entitled an Act to amend an Act so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals, and for other purposes.
Mr. Busbee of the 79th moved that the House insist on its position in dis agreeing to the Senate amendment and that a Committee of Conference on the part of the House be appointed to confer with a like committee on the part of the Senate.
The motion prevailed and the Speaker appointed as a Committee of Con ference on the part of the House, the following members: Messrs. Smith of the 54th, Fleming of the 106th and Steis of the 100th.
The following Bills of the Senate were taken up for the purpose of consider ing the Senate's disagreement to the House amendments thereto:
SB 88. By Senators Holley of the 22nd and others:
A Bill to be entitled an Act to provide for the incorporation of regulated certificated banks, and for other purposes.
Mr. NeSmith of the 43rd moved that the House insist on its position in amending SB 88 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed and the Speaker appointed as a Committee of Con ference on the part of the House, the following members: Messrs. NeSmith of the 43rd, Land of the 53rd and Knight of the 60th.
SB 89. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 13-204 relating to private banks and bankers, and for other purposes.
THURSDAY, FEBRUARY 17, 1966
2157
Mr. NeSmith of the 43rd moved that the House insist on its position in amending SB 89 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed and the Speaker appointed as a Committee of Con ference on the part of the House, the following members: Messrs. NeSmith of the 43rd, Lane of the 53rd and Knight of the 60th.
SB 25. By Senators Broun of the 46th, Kilpatrick of the 44th and others:
A Bill to be entitled an Act to provide for the submission of certain information to the Department of Public Safety, Bureau of Investiga tion; and for other purposes.
Mr. Murphy of the 26th moved that the House insist on its position in amending SB 25 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed and the Speaker appointed as a Committee of Con ference on the part of the House, the following members: Messrs. Murphy of the 26th, Paris of the 23rd and Bagby of the 21st.
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 90. By Senators Smalley of the 28th and Gayner of the 5th: A Bill to be entitled an Act to amend Code Chapter 84-11 relating to the practice of optometry, and for other purposes.
An amendment offered by Mr. Jones of the 76th was read and lost.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien
Anderson Bagby Barber
Barfield Bean Bedgood
2158
Bennett Berry Black Blair Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Car ley Games Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conner Cook Crowe Dailey Daugherty Davis Dean Dickinson Dillon Dixon Dorminy Doster Drew Duncan Egan Elliott Etheridge Even sen Farrar Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hale Hamilton Harrell
JOURNAL OF THE HOUSE,
Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Knight Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H.
Murphy NeSmith, J. D. Nessmith, P. Netwon, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Ross Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Ware
Watkins Watson Webb Westlake
THURSDAY, FEBRUARY 17, 19C6
2159
Wiggins Williams, G. J. Williams, W. M. Wilson, J. M.
Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Caldwell Carr Conger Cox
DeLong
Dollar Hadaway Houston McClatchey Odom
Smith, V. T.
Snellings Thomas Underwood Wells Mr. Speaker
On the passage of the Bill, the ayes were 187, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 78. By Senators Rowan of the 8th and Jackson of the 16th:
A Bill to be entitled an Act to provide for pre-need funeral service contracts, and for other purposes.
The following amendment by Mr. Caldwell of the 51st was read and adopted:
Mr. Caldwell of the 51st moves to amend SB 78 as follows:
By striking from Section 4 the word "March" as it appears in two places in said Section and inserting in lieu thereof the word "July" in both of said places.
By striking from Section 5 the word "March" and inserting in lieu thereof the word "July" and by striking from said Section 5 the word "January" and inserting in lieu thereof the word "March".
By striking from Section 7 the following: "two dollars ($2.00)" and inserting in lieu thereof the following: "five dollars ($5.00)".
By striking from Section 15 the following:
"Further, it is the legislative intent that no persons offering, selling or negotiating for the sale of a pre-need funeral service contract shall be subject to all of the provisions of an Act creating and establishing a State Board of Funeral Service, approved Febru ary 13, 1950 (Ga. Laws 1950, p. 238), as amended, regulating the ethics and conduct of funeral directors and funeral establishments in this State, including, but not limited to, the provisions in Section 19 of said Act, which prohibits the solicitation of funeral services by any person."
2160
JOURNAL OF THE HOUSE,
and inserting in lieu thereof the following:
"Further, it is the legislative intent that persons offering, sell ing or negotiating for the sale of a pre-need funeral service con tract shall be subject to all of the provisions of an Act creating and establishing a State Board of Funeral Service, approved Febru ary 13, 1950 (Ga. Laws 1950, p. 238), as amended, regulating the ethics and conduct of funeral directors and funeral establishments in this State, including, but not limited to, the provisions in Section 19 of said Act, which prohibits the solicitation of funeral services by any person."
By striking from Section 18 the following: "July 1, 1966" and inserting in lieu thereof the following: "July 1, 1967".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brackin Brantley Brinkley
Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Chandler Clarke, H. G.
Collins, J. F. Collins, M. Colwell Conger Cook Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Drew
Duncan Egan Elliott Etheridge Evensen Farrar Fleming Floyd Fulford Funk
Gaissert Gary Gaynor Gignilliat Grahl . Grier Hadaway Hamilton Harrington Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill
Hood Houston Howard Howell Hull Hutchinson Johnson, Dr. A. Jones, C. M. Jones, G. Paul Jordan, Ben C.
THURSDAY, FEBRUARY 17, 1966
2161
Jordan, W. H. Kiley Knapp Knight Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Malone Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C.
Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L.
Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Rowland Rush Sherman Shields Sims Simkins Smith, A. B. Smith, W. L.
Snellings Snow Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Bowen Carnes Carr Gates Clark, J. T. Conner Cox Doster Hale Harrell
Harris, J. F. Holder Irvin Johnson, B. Jones, M. Lovett Maddox Marshall Nessmith, P. Odom Ross
Russell Savage Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Underwood Vaughan, D. N. Ware Watkins Mr. Speaker
On the passage of the Bill, as amended, the ayes were 171, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
2162
JOURNAL OF THE HOUSE,
SB 77. By Senators Rowan of the 8th and Jackson of the 16th:
A Bill to be entitled an Act to amend an Act so as to provide for the licensing of funeral establishments by the State Board of Funeral 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.:
Abney Adams Alien Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Caldwell Carley Carnes Gates Clarke, H. G. Collins, J. F. Collins, M. Colwell Cook Crowe Dailey Da vis Dean DeLong Dickinson Dillon Dixon
Dollar Drew Duncan Egan Elliott Evensen Farrar Fleming
Fulford Funk Gaissert Gary Gaynor Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Herndon Higginbotham Hill Hood Houston Howard Howell Hull Hutchinson Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jordan, Ben C.
Jordan, W. H. Kiley Knapp Knight Lambros Land
Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lovett Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt Minge Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer
Paris Parker Parrish Peterson Phillips Pickard Reaves Reid Richardson
Roach Ross Rush Sherman Shields Sims
THURSDAY, FEBRUARY 17, 1966
2163
Smith, W. L. Snow Spillers Stalnaker Starnes Steis Stewart
Story Stovall Sullivan
Sweat Taylor Thomas Thompson, R. Townsend
Tye Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs. :
Alexander Anderson Bowen Brantley Busbee Carr Chandler Clark, J. T. Conger Conner
Cox Daugherty Dorminy Doster Etheridge Floyd Gignilliat
Hale Hawkins Holder Irvin Johnson, B. Jones, M. Lambert Lane Maddox McClatchey McDaniell Moore, J. H. Nessmith, P.
Odom Powers Rainey Rowland
Russell Savage Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Snellings
Spikes Thompson, A. W. Tucker Underwood Ware Watkins Mr. Speaker
On the passage of the Bill, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 135. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act establishing a retirement system in the State Public Schools, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
2164
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Abney Adams Alien Bagby Barber Bean Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Bryant Byrd Games Gates Clarke, H. G. Collins, J. F. Collins, M. Colwell Cook Crowe Davis Dean DeLong Dickinson Dillon Dixon Drew Duncan Egan Elliott Evensen Farrar Fleming Fulford Funk Gaissert Gary Gignilliat Grahl Grier Hadaway Hamilton
Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham Hill Hood Howard Howell Hutchinson Johnson, Dr. A. S. Jones, G. Paul Jordan, W. H. Knapp Lambert Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby
Otwell Overby Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rush Savage Sherman Sims Smith, W. L. Snellings Snow Spillers Stalnaker Starnes Steis Stewart Story Stovall Sweat Taylor Thompson, R. Town send Tye Underwood Vaughan, D. N. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W.
Those not voting were Messrs.:
Alexander Anderson
Barfield Bowen
Brantley Brown, M. P.
Busbee Caldwell Carley Carr Chandler Clark, J. T. Conger Conner Cox D alley Daugherty Dollar Dorminy Doster Etheridge Floyd Gaynor Hale Harris, R. W.
THURSDAY, FEBRUARY 17, 1966
2165
Holder Houston Hull Irvin Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Knight Lane Leonard Lovett McClatchey McDaniell Mitchell Odom Pafford Pickard
Rainey Rowland Russell Shields Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Sullivan Thomas Thompson, A. W. Tucker Vaughn, C. R. Ware Wood 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 19. 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 to provide for taxing on alcoholic beverages in municipalities, and for other purposes.
Mr. Hull of the 104th moved that the Bill be tabled.
On the motion to table, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Collins, M. Crowe Dixon Drew Fleming Harris, R. W. Howell
Hull Lovell Lovett Matthews, C. Minge Mixon Moore, J. H.
Reid Sherman Snow Starnes Steis
Those voting in the negative were Messrs.:
Abney Adams Alien
Barber Barfield Bean
Bennett Berry Blair
2166
Brown, B. D. Brown, C. Bryant Busbee Byrd Carley Carnes Gates Collins, J. F. Colwell Davis Dillon Duncan Funk Gaissert Gaynor Gignilliat Grahl Grier Hale Harrington Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham Hill Hood Hutchinson
JOURNAL OF THE HOUSE,
Jones, G. Paul Jordan, Ben C. Kiley Knapp Lambert Lee, W. S. Levitas Longino Lowrey Malone Marshall Matthews, D. R. Mauldin Melton Merritt Mitchell Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Oglesby Otwell Overby Palmer Paris Parrish Peterson Phillips Rainey
Richardson Rowland Rush
Savage Sims Simkins Smith, W. L. Snellings Spillers Stewart Story Stovall Sullivan
Taylor Thompson, A. W.
Thompson, R. Tucker Tye Walling Ware Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Anderson Bagby Bedgood Black Blalock Bowen Brackin Brantley Brinkley
Brown, M. P. Caldwell Carr Chandler Clarke, H. G. Clark, J. T. Conger Conner Cook Cox Dailey
Daugherty Dean DeLong Dickinson Dollar Dorminy Doster Egan Elliott Etheridge Evensen Farrar Floyd Fulford
Gary Hadaway Hamilton Harrell Harris, J. F. Holder Houston
Howard Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, W. H. Knight Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Leonard Lewis Maddox McClatchey McCracken McDaniell Newton, A. S. Odom
Pafford Parker Pickard
Powers Reaves Roach Ross Russell
THURSDAY, FEBRUARY 17, 1966
2167
Shields Smith, A. B. Smith, G. L. II
Smith, J. R. Smith, V. T. Spikes Stalnaker Sweat
Thomas Townsend Underwood
Vaughan, D. N. Vaughn, C. R. Wells Wilson, J. M. Mr. Speaker
On the motion to table, the ayes were 19, nays 98.
The motion to table was lost.
The following amendment was read:
Mr. Fulford of the 67th moves to amend SB 19 as follows:
By striking from the title the following:
"to provide that any municipality lying within a county that has held an election in regard to this Act, the results of which were to allow the taxing, legalizing and control of alcoholic beverages and liquors within said county, that the governing authority of said municipality may make a determination as to whether the taxing, licensing, manufacturing, distribution and control of alco holic beverages and liquors shall be allowed in said municipality;" By striking from the title the following:
"to make provisions in regard to the applicability of the results of said election;"
and inserting in lieu thereof the following:
"to prohibit the governing authority of any municipality from acting in derogation of the results of any referendum election;"
By striking from the first paragraph of Section 1 the following:
", a new Section to be designated Section 4B, and a new Section to be designated Section 4C"
By striking the language quoted as Section 4A in Section 1 of said Bill in its entirety.
By renumbering quoted Section 4B in Section 1 of said Bill as quoted Section 4A.
By striking from the language quoted as renumbered section 4A in Section 1 of said Bill the following:
2168
JOURNAL OF THE HOUSE,
"Notwithstanding Section 4A above, whenever fifteen (15) per cent"
and inserting in lieu thereof the following:
"Whenever thirty-five (35) per cent"
By striking from the last sentence of the language quoted as re numbered Section 4A in said Bill the words, parenthesis and figures "fifteen (IB)" and inserting in lieu thereof the words, parenthesis and figures "thirty-five (35)".
By striking the language quoted as Section 4C in its entirety.
Mr. Fulford of the 67th moved the adoption of the amendment.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Bedgood Berry Black Blair Bowen Brackin Caldwell Carr
Collins, J. F. Collins, M. Conger Crowe Dailey DeLong Dickinson Dixon Dollar Drew Egan Etheridge Farrar Fleming Fulford
Gaynor Hadaway Hale
Harris, R. W. Higginbotham
Hood Houston Hull Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Kiley Knight Lambert
Lea, F. R. Leonard Levitas Longino Lovett Maddox Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell Merritt Minge Mitchell
Oglesby Otwell Phillips
Powers Reaves
Reid Richardson Rowland Sherman Simkins Smith, A. B. Smith, G. L. II Smith, W. L. Snellings
Snow Spillers Stalnaker Starnes Steis Stewart Sweat Taylor Thompson, A. W. Townsend Tye Walling Watkins Wells Westlake
Wiggins Wilson, J. M. Wilson, R. W.
THURSDAY, FEBRUARY 17, 1966
2169
Those voting in the negative were Messrs.:
Abney Adams Alien Barber Barfield Bennett Blalock Brinkley Brown, C. Byrd Carley Carnes Clarke, H. G. Davis Dillon Doster Evensen Funk Gaissert Gignilliat Harrell Harrington
Harris, J. F. Harris, J. R. Harrison Hawkins Hill Hutchinson Irvin Jordan, Ben C. Knapp Lee, W. S. Lovell M alone Matthews, D. R. Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, D. L. Overby Palmer Paris
Parrish Peterson Rainey Roach Rush Savage Shields Sims Smith, V. T. Spikes Story Thompson, R. Tucker Underwood Vaughan, D. N. Vaughn, C. R. Ware Watson Webb Williams, W. M. Wood
Those not voting were Messrs.:
Alexander Anderson Bean Brantley Brown, B. D. Brown, M. P. Bryant Busbee Gates Chandler Clark, J. T. Colwell Conner Cook Cox Daugherty Dean Dorminy
Duncan Elliott Floyd Gary Grahl Grier Hamilton Henderson Herndon Holder Howard Howell Johnson, B. Jones, M. Jordan, W. H. Lambros Land Lane
Lee, W. J. (Bill) Lewis Lowrey Melton NeSmith, J. D. Newton, A. S. Odom Pafford Parker Pickard Ross Russell Smith, J. R. Stovall Sullivan Thomas Williams, G. J. Mr. Speaker
On the adoption of the amendment, the ayes were 85, nays 65.
The amendment was adopted. An amendment offered by Mr. Bagby of the 21st was read and withdrawn.
2170
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alien Bagby Barber Barfield Bennett Black Blair Bo wen Brinkley Brown, C. Bryant Byrd Caldwell Games Carr Gates Clarke, H. G. Collins, J. F. Crowe Dailey Dean DeLong Dickinson Dillon Doster Drew Egan Etheridge Evensen Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hale Harrell Harrington
Harris, J. F. Harrison Hawkins Henderson Higginbotham Hill Howard Hull Hutchinson Irvin Jones, C. M. Jones, G. Paul Jordan, Ben C. Kiley Knapp Lambert Land Lane Lea, F. R. Lee, W. S. Lewis Longino Lowrey Marshall Matthews, D. R. Mauldin McCracken McDaniell Minge Mitchell Mixon Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Oglesy Otwell Overby Parker Peterson
Phillips Powers Rainey Reid Richardson Roach Rowland Rush Russell Savage Sherman Sims Simkins Smith, A. B. Smith, G. L. II Smith, W. L. Snellings Snow Spikes Spillers Stewart Story Stovall Taylor Townsend Tucker Tye Underwood Vaughan, D. N. Walling Ware Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Bedgood Berry
Brackin Brown, B. D.
Brown, M. P. Carley
Collins, M. Conger Davis Dixon Dollar Farrar Harris, J. R. Harris, R. W. Hood
THURSDAY, FEBRUARY 17, 1966
2171
Howell Johnson, A. S. Dr. Johnson, B. Leonard Levitas Lovell Matthews, C. Palmer Paris
Parrish Smith, V. T. Starnes Steis Sweat Thompson, A. W. Thompson, R. Vaughn, C. R.
Those not voting were Messrs.:
Alexander Anderson Bean Blalock Brantley Busbee Chandler Clark, J. T. Colwell Conner Cook Cox Daugherty Dorminy D'mcan Elliott Fleming
Floyd Gary Hadaway Hamilton Herndon Holder Houston Jones, M. Jordan, W. H. Knight Lambros Lee, W. J. (Bill) Lovett Maddox Malone McClatchey Melton
Merritt Moore, J. H. NeSmith, J. D. Odom Pafford Pickard Reaves Ross Shields Smith, J. R. Stalnaker Sullivan Thomas Watkins Williams, G. J. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 122, nays 32.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 127. By Senators Yancey of the 33rd, Kilpatriek of the 44th and Edenfield of the 4th: A Bill to be entitled an Act to provide for the establishment of a Traffic Violations Bureau in certain courts of this State, and for other purposes.
The following amendment was read and adopted:
Mr. Howard of the 101st moves to amend SB 127 by striking from Section 7 thereof the following:
"1. Any charge involving an accident"
"4. Any driver license violation"
2172
JOURNAL OF THE HOUSE,
and appropriately renumbering the remaining numerical phrases within 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 Adams Alien Barber Barfield Bean Bennett Berry Black Blair Blalock Bowen Brinkley Busbee Byrd Carley Carnes Clarke, H. G. Cook Crowe Dailey Daugherty Davis DeLong Dickinson Dillon Dixon Drew Duncan Egan Elliott Evensen Fulford Gaissert Gary Gaynor Grahl Grier Hadaway Hale Harrell
Harrington Harris, J. K. Harris, R. W. Harrison Hawkins Henderson Higginbotham Hood Howard Hutchinson Irvin Johnson, A. S. Dr. Jones, M. Jordan, Ben C. Kiley Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Mixon Murphy NeSmith, J. D. Newton, A. S. Overby Paris
Parker Parrish Phillips Powers Reid Richardson Roach Savage Sherman Sims Simkins Smith, G. L. II Smith, W. L. Snellings Snow Spikes Spillers Steis Stewart Story Stovall Sullivan Sweat Taylor Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughn, C. R. Walling Watson Webb Wells Westlake Wiggins Williams, G. J. Wilson, J. M. Wilson, R. W. Wood
THURSDAY, FEBRUARY 17, 1966
2173
Those voting in the negative were Messrs.:
Houston Minge
Moore, Don C. Shields
Starnes
Those not voting were Messrs.:
Alexander Anderson Bagby Bedgood Brackin Brantley Brown, B. D. Brown, C. Brown, M. P. Bryant Caldwell Carr Gates Chandler Clark, J. T. Collins, J. P. Collins, M. Colwell Conger Conner Cox Dean Dollar Dorminy Doster Etheridge
Farrar Fleming Floyd Funk Gignilliat Hamilton Harris, J. F. Herndon Hill Holder Howell Hull Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Knapp Knight Lambert Lambros Lovett Maddox McClatchey Mitchell Moore, J. H. Nessmith, P.
Newton, D. L. Odom Oglesby Otwell Pafford Palmer Peterson Pickard Rainey Reaves Ross Rowland Rush Russell Smith, A. B. Smith, J. R. Smith, V. T. Stalnaker Thomas Vaughan, D. N. Ware Watkins Williams, W. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes 123, nays 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 97. By Senators Edenfield of the 4th, Kilpatrick of the 44th and others: A Bill to be entitled an Act to provide that campus policemen and other security personnel of the University System of Georgia shall have the power to make certain arrests, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
2174
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Adams Alien Barber Barfield Bean Bennett Berry Black Blair Blalock Bowen Braekin Brantley Busbee Byrd Carley Games Chandler Clarke, H. G. Oollins, M. Cook Crowe Dailey Da vis Dean DeLong Dillon Dixon Drew Duncan Egan Elliott Evensen Fulford Funk Gaissert Gary Grahl Hale Harrell Harrington
Harris, J. F.
Harris, J. R.
Harrison
Henderson
Herndon
Higginbotham Hill Houston Howard Hutchinson Irvin Johnson, A. S. Dr. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Lambert Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby
Otwell
Overby
Pafford
Palmer
Parker
Parrish Peterson Phillips Powers Reaves Reid Roach Rowland Rush Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Town send Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Ware Watson Webb Wells Westlake Wiggins
Williams, G. J.
Williams, W. M.
Wilson, J. M.
Wilson, R. W.
Wood
Those voting in the negative were Messrs.:
Alexander
Richardson
THURSDAY, FEBRUARY 17, 1966
2175
Those not voting were Messrs.:
Anderson Bagby Bedgood Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Caldwell Carr Gates Clark, J. T. Collins, J. F. Colwell Conger Conner Cox Daugherty Dickinson Dollar Dorminy
Doster Etheridge Farrar Fleming Floyd Gaynor Gignilliat Grier Hadaway Hamilton Harris, R. W. Hawkins
Holder Hood Howell Hull Johnson, B. Jones, G. Paul Jordan, W. H. Knapp
Knight Lambros
Levitas Lovett McClatchey Mitchell
Odom Paris Pickard
Rainey Ross Russell Smith, A. B. Smith, J. R. Stalnaker Stewart Thompson, R. Walling Watkins Mr. Speaker
On the passage of the Bill, the ayes were 141, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Palmer of the 117th gave notice that at the proper time he would move that the House reconsider its action in passing the following bill of the Senate.
SB 19. 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 to provide for taxing on alcoholic beverages in municipalities, and for other purposes.
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 171. By Senators Johnson of the 42nd, Miller of the 43rd and others:
A Bill to be entitled an Act to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965 by repealing certain provisions therein with respect to the Interim Study Commission, and for other purposes.
2176
JOURNAL OF THE HOUSE,
The following amendments were read and adopted:
Messrs. Howard of the 101st, McDaniell of the 101st, Wilson of the 102nd, Henderson of the 102nd arid Jordan of the 103rd move to amend SB 171 as follows:
By inserting between the third and fonrth sentences of Section 6 (b), which Section is quoted in Section 3 of said bill, the following:
"Provided that if a monetary payment or grant of property by Cobb County should be a condition or consideration of the Transit Authority accepting Cobb County into membership therein that the amount and description of same and the reasons therefor shall be publicized at the time of the call of said referendum."
Mr. Wilson of 102 moves to amend Senate Bill 171 by inserting between the word "local" and the word "act" on line 21 of page 2, the word "legislative" so that line 21 when amended shall read as fol lows:
"prescribed by local legislative act, the question of whether it ..."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Barber Barfield Bean Bedgood Bennett Berry Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Busbee Byrd Carley Carnes
Gates Chandler Clarke, H. G. Collins, M. Cook Crowe Daugherty Davis DeLong Dillon Dixon Drew Duncan Elliott Etheridge Evensen Funk Gaissert Gray
Gaynor Grahl Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Henderson Higginbotham Hill Hood Houston Howard Hutchinson
THURSDAY, FEBRUARY 17, 1966
2177
Irvin Johnson, A. S. Dr. Johnson, B. Jones, M. Jordan, Ben C. Kiley Lambert Land Lee, W. J. (Bill)
Lee, W. S. Leonard Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Mauldin McCracken McDaniell Merritt
Minge Mixon Moore, Don C. Murphy Newton, A. S. Newton, D. L. Oglesby Otwell Overby Palmer Paris Parrish Powers Reid Richardson Roach Rush Savage Sherman Sims Simkins Smith, G. L. II Smith, W. L.
Snellings Snow Spikes Spillers Starnes Steis Story Stovall Sullivan Taylor Thomas Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Watson Wells Westlake Williams, W. M. Wilson, J. M. Wilson, R. W.
Wood
Those voting in the negative were Messrs.:
Harrison
Stewart
Williams, G. J.
Those not voting were Messrs.:
Alien Anderson Bagby Bedgood Black Bowen Brantley Brown, M. P. Bryant Caldwell Carr Clark, J. T. Collins, J. F. Colwell Conger Conner Cox Dailey Dean Dickinson Dollar Dorminy Doster Egan Farrar
Fleming Floyd Fulford Gignilliat Herndon Holder Howell Hull Jones, C. M. Jones, G. Paul Jordan, W. H. Knapp Knight Lambros Lane Levitas Lovett Matthews, D. R. McClatchey Melton Mitchell Moore, J. H. NeSmith, J. D. Nessmith, P. Odom
Pafford Parker Peterson Phillips Pickard Rainey Reaves Ross Rowland Russell Shields Smith, A. B. Smith, J. R. Smith, V. T. Stalnaker Sweat Thompson, A. W. Thompson, R. Townsend Walling Ware Watkins
Webb Wiggins Mr. Speaker
2178
JOURNAL OF THE HOUSE,
On the passage of the Bill, as amended, the ayes were 125, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Levitas of the 118th requested that he be recorded as having voted "aye" on the passage of SB 171, as amended.
SB 14. By Senator Sanders of the 41st:
A Bill to be entitled an Act to provide that any person who is 18 years of age or older and who is married may bind himself by contract as though said person were 21 years of age or older, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act To relate to the contracts, conveyances, and other consensual transactions of minors, particularly minors the age of 18 or more and married; to revise and consolidate certain laws and code sections relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Code Section 20-201 relating to infants' contracts, is amended by striking said Code Section in its entirety and substituting in lieu there of a new Code Section 20-201 to read as follows:
"20-201. Infants' Contracts. Generally the contract of an infant is voidable. If in a contractual transaction an infant receives property or other valuable consideration, and, after arrival at the age of majority, retains possession of such property or continues to enjoy the benefit of such other valuable consideration, he shall have thereby ratified or affirmed the contract and it shall be binding on him. The contract of an infant for necessaries shall be binding on him as if he were of legal majority except the party furnishing them to him prove that the parent or guardian of such infant had failed or refused to supply sufficient necessaries for him. The con tracts, promissory notes, conditional sales contracts and any other consensual transactions of a minor who is 18 years of age or older and married shall be as effective as though such minor were of the age of majority."
SECTION 2
Code Section 29-106, relating to deeds of an infant, is amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 29-106 to read as follows:
THURSDAY, FEBRUARY 17, 1966
2179
"29-106. Deeds of an Infant. The deed, security deed, bill of sale, bill of sale to secure debt, or any other conveyance of property or interest in property to or by an infant is voidable. If an infant has conveyed property or an interest in property, he may void such conveyance upon arrival at the age of majority; making another conveyance at that time will void the first conveyance without re entry or repossession. If property or an interest in property hay been conveyed to an infant, and, after arrival at the age of majority, he retains the possession or benefit of such property or interest in property, he shall have thereby ratified or affirmed the conveyance. The deeds, security deeds, bills of sale, bills of sale to secure debt and any other conveyances of property to or by a minor who is 18 years of age or older and married shall be as effective as through such minor were of the age of majority."
SECTION 3
It is the intent of the General Assembly that the substance of the Act approved April 5, 1961 (Ga. Laws 1961, p. 453), an Act approved March 4, 1964 (Ga. Laws 1964, p. 212) and an Act approved March 25, 1965 (Ga. Laws 1965, p. 234) has been included in the revisions made herein to Code Sections 20-201 and 29-106. Accordingly, these Acts, all of which relate to the contracts and conveyances of minors who are 18 years of age or older and married, are hereby repealed. It is intended that that portion of Section 1A added by the Act approved March 24, 1965 to the Act approved April 5, 1961, as amended, related to emanci pated minors be repealed and no effect therefrom be read into Code Sections 20-201 and 29-106 as herein revised.
SECTION 4
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Barber Barfield Bean Bennett Berry
Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Bryant Busbee
Byrd Carley Carnes Gates Clarke, H. G. Collins, M. Colwell Crowe Dailey
2180
JOURNAL OF THE HOUSE,
Daugherty Davis DeLong Dillon Dixon Dorminy Drew Duncan Elliott Etheridge Evensen Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Higginbotham Hood Houston Hull Hutchinson Irvin Johnson, A. S. Dr. Jones, C. M. Jones, M.
Kiley Knapp Lambert Land Lee, W. J. (Bill) Lee, W. S. Levitaa Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Mauldin McCracken McDaniell Melton Merritt Minge Moore, Don C. Moore, J. H. Murphy Newton, A. S. Oglesby Overby Palmer Paris Parrish Phillips Powers Reaves Richardson Savage Sherman Shields
Sims Simkins Smith, G. L. II Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs. :
Alien
Bagby Bedgood Bowen Brantley Brown, M. P. Caldwell Carr Chandler Clark, J. T. Collins, J. F. Conger Conner Cook
Cox Dean Dickinson Dollar Doster Egan Farrar Fleming Floyd Grier Henderson Herndon Hill Holder
Howard Howell Johnson, B. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight Lambros Lane Lea, F. R. Leonard Lovett Matthews, D. R. McClatchey
THURSDAY, FEBRUARY 17, 1966
2181
Mitchell Mixon NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Otwell Pafford Parker
Peterson Pickard Rainey Reid Roach Ross Rowland Rush Russell
Smith, A. B. Smith, J. R. Smith, V. T. Stalnaker Thompson, R. Watkins 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.
SB 126. By Senator Kilpatrick of the 44th:
A Bill to be entitled an Act to amend Code Section 59-120 so as to change the maximum amount allowable for court bailiffs, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Anderson Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Bryant
Busbee Byrd Carley Carnes Gates Clarke, H. G. Collins, M. Colwell Crowe Dailey Daugherty DeLong Dillon Dorminy Drew Duncan Elliott Etheridge
Evensen Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harris, J. F. Harrison Hawkins Higginbotham Hood
2182
JOURNAL OP THE HOUSE,
Houston Howell Irvin Johnson, A. S. Dr. Jones, M. Kiley Knapp Lambert Land Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lowrey Maddox Malone Marshall Matthews, C. Maul din McCracken McDaniell Merritt Minge Mixon Moore, Don C.
Moore, J. H. Newton, A. S. Oglesby Overby Palmer Paris Parrish Phillips Powers Rainey Reaves Richardson Roach Rush Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spillers
Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Wilson, R. W. Wood
Voting in the negative was Mr. W. M. Williams.
Those not voting were Messrs.:
Alien
Bagby Bo wen Brantley Brown, M. P. Caldwell Carr Chandler Clark, J. T. Collins, J. F. Conger Conner Cook Cox Davis Dean Dickinson Dixon Dollar
Doster Egan Farrar Fleming
Floyd Harrington
Harris, J. R. Harris, R. W. Henderson Herndon Hill Holder Howard Hull Hutchinson Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight Lambros Lane Lea, F. R. Leonard Levitas Lovell Lovett Matthews, D. R. McCatchey Melton
Mitchell Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Otwell Pafford Parker Peterson Pickard Reid Ross Rowland Russell Smith, A. B. Smith, J. R. Spikes Stalnaker Thompson, R. Underwood Walling Ware Wilson, J. M. Mr. Speaker
THURSDAY, FEBRUARY 17, 1966
2183
On the passage of the Bill, the ayes were 128, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 92. By Senators Dean of the 6th, Searcey of the 2nd and Hall of the 52nd:
A Bill to be entitled an Act to authorize the standards that should be required of Day Care Centers caring for the mentally retarded, and for other purposes.
The report to the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Anderson Barber Bean Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Bryant Byrd Carley Carnes Carr Gates Chandler Clarke, H. G.
Collins, J. F. Collins, M. Colwell Cook Crowe Dailey Daugherty Davis
Dean DeLong Dillon Dixon Dorminy Drew Duncan Elliott Etheridge Evensen Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, R. W. Harrison Hawkins Henderson Higginbotham Hood Houston Howard
Howell Hutchinson Irvin Johnson, A. S. Dr.
Jones, C. M. Jones, M. Kiley Knapp Lambert Lane
Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard
Le vitas Lewis Longino Lovell Lowrey Maddox M alone Marshall McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H.
2184
Murphy Newton, A. S. Oglesby Overby Palmer Paris Parrish Phillips Powers Rainey Richardson Roach Rowland Rush Savage Sherman Sims
JOURNAL OP THE HOUSE,
Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor
Thompson, A. W. Townsend Tucker Tye Underwood Ware Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Bennett Harris, J. F.
Jordan, Ben C. Vaughn, C. R.
Those not voting were Messrs.:
Alien Bagby Barfield Bedgood Bowen Brantley Brown, M. P. Busbee Caldwell Clark, J. T. Conger Conner Cox Dickinson Dollar Doster Egan Farrar Fleming Floyd Hale
Harris, J. R. Herndon Hill Holder Hull Johnson, B. Jones, G. Paul Jordan, W. H. Knight Lambros Land Lovett Matthews, C. Matthews, D. R. Mauldin McClatchey Mitchell NeSmith, J. D. Nessmith, P. Newton, D. L. Odom
Otwell Pafford Parker Peterson Pickard Reaves Reid Ross Russell Shields Smith, A. B. Stalnaker Thomas Thompson, R. Vaughn, C. R. Walling Wells Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 139, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 17, 1966
2185
SB 93. By Senators Rowan of the 8th and Pennington of the 45th:
A Bill to be entitled an Act to provide for the inspection of colonies of honey bees by the State Department of Agriculture, and for other purposes.
The report to the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alien Anderson Barber Barfield Bean Bedgood Bennett Black Blair Blalock Bowen Brackin Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley Gates Clarke, H. G. Collins, M. Colwell Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Doster Drew
Elliott Evensen Pulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Higginbotham Hill Hood Houston Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Land Lane Lea, F. R. Lee, W. S. Leonard Levitas Lewis
Longino
Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt
Minge Mixon Moore, Don C. Moore, J. H. Murphy Newton, A. S. Oglesby Otwell Overby Palmer Paris Parker Parrish Phillips Pickard Powers Rainey Reaves Roach Rush Savage Sherman Sims Smith, G. L. II
2186
Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Stewart Story Stovall
JOURNAL OF THE HOUSE,
Sullivan Sweat Taylor Thomas Thompson, A. W. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R.
Ware Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Berry
Carnes
Those not voting were Messrs.:
Alexander Bagby Brantley Brown, M. P. Carr Chandler Clark, J. T. Collins, J. P. Conger Conner Cook Cox Dollar Dorminy Dune an Egan Etheridge Parrar Fleming Ployd
Gary Hale Hamilton Harrell Herndon Holder Howard Howell Hull Jones, C. M. Jones, G. Paul Knight Lambert Lambros Lee, W. J. (Bill) Lovett McClatchey Mitchell NeSmith, J. D. Nessmith, P.
Newton, D. L. Odom Pafford Peterson Reid Richardson Ross Rowland Russell Shields Simkins Smith, A. B. Smith, J. R. Stalnaker Thompson, R. Walling Watkins Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 143, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
SB 2. By Senator Bateman of the 27th:
A Bill to be entitled an Act to amend Code Section 59-112 so as to provide the persons who shall be entitled to exemption from all jury duty, and for other purposes.
THURSDAY, FEBRUARY 17, 1966
2187
The following amendment was read and adopted:
The Judiciary Committee moves to amend SB 2 by renumbering Section 1, 59-112a5 as 59-112a6 and inserting the following as 59-112a5:
"5. Dentists and pharmacists, duly licensed, who are actively engaged in the practice of their profession."
The report to the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
An amendment offered by Mr. Dixon of the 83rd was read and lost.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Bowen Brinkley Brown, B. D. Brown, C. Bryant Byrd Carley Carnes Gates Chandler Clarke, H. G. Cook Crowe Dailey Daugherty Davis Dean
DeLong Dickinson Dillon Dorminy Drew Elliott Etheridge Evensen Funk Gaissert Gary Gaynor Gignilliat Grahl Hadaway Hale Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Higginbotham Hood Howard Hutchinson Irvin Johnson, A. S. Dr. Jones, G. Paul Jones, M. Jordan, Ben C.
Kiley Knapp Lambert Land Lane Lea, F. R. Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Maul din McCracken McDaniell Melton Merritt Mitchell Mixon Moore, Don C. Moore, J. H. Nessmith, P. Newton, A. S. Oglesby Overby Palmer
2188
Paris Parrish Phillips Powers Richardson Roach Rush Savage Sherman Shields Simkins Smith, G. L. II Smith, J. R. Smith, W. L. Snellings
JOURNAL OF THE HOUSE,
Snow Spikes Spillers Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Townsend Tucker
Tye Underwood Vaughan, D. N. Vaughn, C. R. Ware Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wood Wilson, R. W.
Those voting in the negative were Messrs.:
Dixon Duncan
Grier Houston
Minge
Those not voting were Messrs.:
Bagby Brackin Brantley Brown, M. P. Busbee Caldwell Carr Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Cox Dollar Doster Egan Farrar Fleming Floyd
Fulford Harrell Harris, R. W. Herndon Hill Holder Howell Hull Johnson, B. Jones, C. M. Jordan, W. H. Knight Lambros Lee, W. J. (Bill) Lovett Matthews, D. R. McClatchey Murphy NeSmith, J. D. Newton, D. L.
Odom Otwell Pafford Parker Peterson Pickard Rainey Reaves Reid Ross Rowland Russell Sims Smith, A. B. Smith, V. T. Stalnaker Thompson, R. Walling Wells Mr. Speaker
On the passage of the Bill, as amended, the ayes were 139, nays 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 33. By Senators Broun of the 46th, Minish of the 48th and others: A Bill to be entitled an Act to create a State Board of Registration for
THURSDAY, FEBRUARY 17, 1966
2189
Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers, and Motor Vehicle Rebuilders; and for other purposes.
The following amendments were read and adopted:
Mr. Clarke of the 45th District moves to amend Senate Bill 33 as follows:
By striking paragraph 1. of Section 15 (a) in its entirety and substituting in lieu thereof the following:
1. Every vehicle, vehicle body, chassis or engine of or for a vehicle received or acquired by him, its description and any identi fying numbers, the date of its receipt or acquisition, and the full name, address and driver's license number or social security number, of the person from whom received or acquired, provided, however, that in the event such purchase or acquisition is from a used parts dealer, used motor vehicle dismantler, salvage yard operator, or established place of business, the name and address of the corpora tion or company shall be sufficient provided the seller is registered under the provisions of this Act.
Senate Bill 33 shall be further amended by striking paragraph 2. of Section 15 (a) in its entirety and substituting in lieu thereof the following:
2. Every vehicle, vehicle body, chassis or engine disposed of by him, its description and any identifying numbers, the date of its receipt or acquisition, and the full name, address and driver's license number or social security number, of the person to whom disposed, provided however that in the event such disposal is to a used parts dealer, used motor vehicle dismantler, salvage yard operator, or established place of business, the name and address of the corpora tion or company shall be sufficient provided the purchaser or acquirer is registered under the provisions of this Act.
Mr. Clarke of the 45th District moves to amend Senate Bill 33 as follows:
By adding at the end of sub-paragraph (e) of Section 9., the following:
There shall however be but one license fee of twenty-five ($25.00) dollars for any one place of business even though such business may be embraced in more than one of the definitions in 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:
2190
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Bryant Busbee Byrd Carley Carnes Gates Clarke, H. G. Collins, J. F. Cook Crowe Dailey Daugherty Davis DeLong Dickinson Dillon Dorminy Drew Duncan Elliott Etheridge Fleming Fulford Funk
Gaissert Gaynor Gignilliat Grahl Grier Hamilton Harrell Harris, J. F. Harris, J. R.
Harrison Hawkins Henderson Higginbotham Hood Houston Howell Hutchinson Irvin Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Land Lea, F. R. Lee, W. S. Levitas Lewis Longino Lovell Maddox Malone Marshall Matthews, C. Mauldin McCracken McDaniell Melton
Merritt Mixon Newton, A. S. Oglesby Overby Palmer Paris Parker Parrish Phillips Powers Richardson Rush Savage Sherman Shields Simkins Smith, V. T. Smith, W. L. Snellings Spikes Spillers Steis Stewart Taylor Town send Tucker Tye Vaughan, D. N. Vaughn, C. R. Ware Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs. :
Anderson Bowen Dean Gary
Johnson, A. S. Dr. Johnson, B. Leonard Minge
Mitchell Moore, Don C. Murphy Starnes
Those not voting were Messrs.:
Bagby Brantley Brown, C.
Brown, M. P. Caldwell Carr
Chandler Clark, J. T. Collins, M.
THURSDAY, FEBRUARY 17, 1966
2191
Colwell Conger Conner Cox Dixon Dollar Doster Egan Farrar Floyd Hadaway Hale Harrington Harris, R. W. Herndon Hill Holder Howard Hull Jones, G. Paul Knight
Lambros Lane Lee, W. S. (Bill) Lovett Lowrey Matthews, D. R. McClatchey Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Otwell Pafford Peterson Pickard Rainey Reaves Reid Roach Ross
Rowland Russell Sims Smith, A. B. Smith, G. L. II Smith, J. R. Snow Stalnaker Story Stovall Sullivan Sweat Thomas Thompson, R. Underwood Walling Watkins Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 122, nays 12.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 130. By Senators Johnson of the 38th, Wesberry of the 37th and others: A Bill to be entitled an Act to amend Code Chapter 92-63 so as to delete therefrom the requirement that the names of colored taxpayers be com piled separately on the tax digest, and for other purposes.
The following Committee amendment was read and adopted:
The Judiciary Committee moves to amend SB 130 by inserting the following as Section 3 and renumbering the present Section 3 as Section 4:
"The effective date of this Act shall be January 1, 1967."
The report to 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:
2192
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Barber Barfield Bean Bedgood Bennett Berry Blair Blalock Brinkley
Brown, B. D. Brown, C. Bryant Busbee Byrd Carley
CaTrnes Gates Clarke, H. G. Cook Crowe Daugherty Davis Dean DeLong Dillon Dixon
Doster Drew Duncan Elliott Etheridge
Evensen Fleming Floyd Fulford Funk Gaissert Gary Gaynor Gignilliat
Grahl Grier Hamilton Harrell Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Hill Hood Howell
Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Knapp Lambert Lambros Land
Lane Lea, F. R. Lee, W. J. (Bill) Levitas
Longino Lovell Malone Marshall Matthews, C. McCracken
McDaniell Melton Merritt Mitchell Mixon Moore, Don C. Moore, J. H. Murphy
Newton, A. S. Oglesby Overby Palmer Paris Peterson Phillips Powers Richardson Rush Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Steis Stewart Sullivan Sweat Taylor Thompson, A. W. Townsend Tucker Tye Vaughn, C. R. Watson Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs. :
Alien Anderson Bagby Black Bowen Brackin
Brantley Brown, M. P. Caldwell Carr Chandler Clark, J. T.
Collins, J. F. Collins, M. Colwell Conger Conner Cox
THURSDAY, FEBRUARY 17, 1966
2193
Dailey Dickinson Dollar Dorminy Egan Farrar Hadaway Hale Harrington Herndon Higginbotham Holder Houston Howard Hull Jones, G. Paul Jordan, W. H. Knight Lee, W. S. Leonard
Lewis Lovett Lowrey Maddox Matthews, D. R. Mauldin McClatchey Minge NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Otwell Pafford Parker Parrish Pickard Rainey Reaves Reid
Roach Ross Rowland Russell Smith, A. B. Smith, J. R. Starnes Story Stovall Thomas Thompson, R. Underwood Vaughan, D. N. Walling Ware Watkins Webb Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 45. By Senator Kendrick of the 32nd:
A Bill to be entitled an Act to amend Code Section 32-904 so as to change the compensation of members of county boards of education, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act To amend Code Section 32-904, relating to the compensation of members of county boards of education, as amended by an Act approved March 5, 1943 (Ga. Laws 1943, p. 270), an Act ap proved March 13, 1957 (Ga. Laws 1957, p. 648), an Act approved March 12, 1959 (Ga. Laws 1959, p. 231), and an Act approved April 2, 1963 (Ga. Laws 1963, p. 279), so as to change the compensation of board members; to provide that all board members shall receive reimburse ment for actual expenses incurred on official business of the board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
2194
JOURNAL OF THE HOUSE,
SECTION 1
Code Section 32-904, relating to the compensation of members of county boards of education, as amended by an Act approved March 5, 1943 (Ga. Laws 1943, p. 270), an Act approved March 13, 1957 (Ga. Laws 1957, p. 648), an Act approved March 12, 1959 (Ga. Laws 1959, p. 231), and an Act approved April 2, 1963 (Ga. Laws 1963, p. 279), is hereby amended by striking in its entirety the second sentence of said Code Section which reads as follows:
"In any county for which no local Act is passed, members of the county board of education may receive per diem of $10 for each day of attendance at meetings of the board, and while meeting and traveling within or without the State as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily in curred in connection therewith.",
and substituting in lieu thereof the following:
"In any county for which no local Act is passed, members of the county board of education shall receive a per diem of $20 for each day of attendance at meetings of the board, and while meeting and traveling within or without the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith.",
so that when so amended said Code Section shall read as follows:
"32-904. The General Assembly is hereby authorized to provide the compensation of members of county boards of education by local Act. In any county for which no local Act is passed, members of the county board of education shall, when approved by the county board of education affected, receive a per diem of $20 for each day of attendance at meetings of the board, and while meeting and traveling within or without the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the county superintendent of schools. In all counties the compensation of members of county boards of education shall be paid only from the local tax funds available to county boards of education for educational pur poses; provided, however, that nothing herein contained shall affect a county board of education or school system created prior to the Constitution of 1877."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
THURSDAY, FEBRUARY 17, 1966
2195
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Barber Barfield Bean Bedgood Bennett Black Blair Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Carley Carnes Gates Chandler Clarke, H. G. Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Drew Duncan Elliott Evensen Fulford Funk Gaissert Gary Gaynor
Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. R. Harrison Hawkins Higgmbotham Hood Howell Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Knapp Lambert Land Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lowrey Malone Marshall Matthews, C. Mauldin McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy Newton, A. S.
Newton, D. L. Oglesby Otwell Overby Palmer Paris Parker Parrish Phillips Powers Richardson Rush Savage Sherman Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Spikes Spillers Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thompson, A. W. Townsend Tucker Tye Vaughn, C. R. Ware Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wood
2196
JOURNAL OF THE HOUSE,
Voting in the negative was Mr. I. L. Shields.
Those not voting were Messrs.:
Alexander Bagby Berry Brown, M. P. Caldwell Carr Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Conner Cook Cox Dollar Dorminy Doster Egan Etheridge Farrar Fleming Floyd Hale Harris, J. F.
Harris, R. W. Henderson Herndon Hill Holder Houston Howard Hull Jones, G. Paul Jordan, W. H. Knight Lambros Lane Lea, F. R. Leonard Lovell Lovett Maddox Matthews, D. R. McClatchey Mitchell NeSmith, J. D. Nessmith, P. Odom
Pafford Peterson Pickard Rainey Reaves Reid Roach Ross Rowland Russell Smith, A. B. Smith, J. R. Snow Stalnaker Thomas Thompson, R. Underwood Vaughan, D. N. Walling Watkins Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 132, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 183. By Senators Webb of the llth, Smith of the 18th, Gillis of the 20th and Rowan of the 8th: A Bill to be entitled an Act to create Fiscal Affairs Subcommittees of the Senate and the House of Representatives, and for other purposes.
The following Committee amendment was read and adopted:
The House Rules Committee moves to amend SB 183 by striking the second (2nd) sentence of Section 1 and substituting in lieu thereof the following sentence:
"Each of said sub-committees shall be composed of ten (10) members of each of the aforesaid committees, the ten (10) members
THURSDAY, FEBRUARY 17, 1966
2197
from the House of Repersentatives shall be selected by the Speaker of the House of Representatives and the ten (10) members from the Senate shall be selected by the President of the Senate."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Bagby Barber Barfield Bean Bedgood Black Blair Blalock Bo wen Brantley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley Carnes Gates Chandler Clarke, H. G. Collins, J. F. Dailey Daugherty Davis DeLong Dickinson Dillon Dixon Drew Duncan Elliott Evensen Funk Gaissert
Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Higginbotham Hill Hood Howell Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Kiley Knapp Lambert Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Maddox Malone Marshall Matthews, C. Mauldin
McDaniell Melton Merritt Mixon Moore, Don C. Moore, J. H. Murphy Newton, A. S. Newton, D. L. Oglesby Otwell Overby Palmer Paris Parker Parrish Powers Richardson Rush Savage Sherman Sims Smith, G. L. II Smith, V. T. Smith, W. L. Snow Spikes Spillers Steis Stewart Story Stovall Sullivan Sweat Taylor Thompson, A. W. Townsend Tucker Tye
2198
Underwood Vaughan, D. N. Vaughn, C. R. Ware
JOURNAL OF THE HOUSE,
Watson Webb Westlake Williams, G. J.
Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Bennett Berry Brackin Brinkley Brown, M. P. Carr Clark, J. T. Collins, M. Colwell Conger Conner Cook Cox Crowe Dean Dollar Dorminy Doster Egan Etheridge Farrar Fleming Floyd Fulford Harris, R. W.
Henderson Herndon Holder Houston Howard Hull Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight Lambros Leonard Lovett Lowrey Matthews, D. R. McClatchey McCracken Minge Mitchell NeSmith, J. D. Nessmith, P. Odom Pafford Peterson
Phillips Pickard Rainey Reaves Reid Roach Ross Rowland Russell Shields Simkins Smith, A. B. Smith, J. R. Snellings Stalnaker Starnes Thomas Thompson, R. Walling Watkins Wells Wiggins Wilson, J. M. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SR 11. By Senators Johnson of the 42nd and Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to declare public transportation of passengers for hire to be an essential governmental function and a public purpose for which the power of taxation of this State may be exercised and its public funds expended; and for other purposes.
By unanimous consent, further consideration of the above Resolution was postponed until tomorrow, February 18, 1966.
THURSDAY, FEBRUARY 17, 1966
2199
SB 123. By Senators Kendrick of the 32nd and Searcey of the 2nd:
A Bill to be entitled an Act to repeal Code Chapter 32-17 relating to the requirement that the school curriculum include instruction in wildlife and forest conservation, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Bowen Brackin Brantley Brown, B. D. Brown, C. Bryant Busbee Byrd Carley Carnes Gates Chandler Clarke, H. G. Dailey Davis Dean DeLong Dickinson Dillon Dixon Drew Duncan Elliott Evensen Fulford
Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Hawkins Henderson Higginbotham Hill Hood Howell Hutchinson Irvin Johnson, A. S. Dr. Jones, C. M. Jones, M. Kiley Knapp Lambert Land Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Lowrey Malone Marshall Matthews, C.
Mauldin McDaniell Melton Merritt Mixon Moore, Don C. Moore, J. H. Newton, A. S. Oglesby Otwell Overby Palmer Parker Parrish Powers Richardson Rush Savage Sherman Sims Smith, G. L. II Smith, V. T. Smith, W. L. Spikes Spillers Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Townsend Tucker Tye Vaughn, C. R.
2200
Ware Watson Webb
JOURNAL OF THE HOUSE,
Westlake Wiggins Williams, G. J.
Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Johnson, B. Murphy
Paris
Vaughan, D. N.
Those not voting were Messrs.:
Alexander Brinkley Brown, M. P. Caldwell Carr Clark, J. T. Collins, J. F. Collins, M. Colwell, C. Conger Conner Cook Cox Crowe Daugherty Dollar Dorminy Doster Egan Etheridge Farrar Fleming Floyd Harris, R. W. Harrison
Herndon Holder Houston Howard Hull Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight Lambros Lane Lea, F. R. Leonard Lovett Maddox Matthews, D. R. McClatchey McCracken Minge Mitchell NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Pafford
Peterson Phillips Pickard Rainey Reaves Reid Roach Ross Rowland Russell Shields Simkins Smith, A. B. Smith, J. R. Snellings Stalnaker Thompson, R. Underwood Walling Watkins Wells Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 127, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
SB 144. By Senators Carter of the 14th and Plunkett of the 30th.
A Bill to be entitled an Act to amend an Act so as to provide that the Georgia State Scholarship Commission shall be an agency within the Executive Branch of State Government, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
THURSDAY, FEBRUARY 17, 1966
2201
On the passage of the Bill, the roll call was ordered and the vote was as follows.
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Black Blair Blalock Brantley Brown, B. D. Brown, C. Bryant Busbee Byrd Carley Carnes Gates Clarke, H. G. Clark, J. T. Dailey Davis Dean DeLong Dickinson Dillon Dixon Doster Drew Duncan Egan Elliott Evensen Fulford Funk
Gaissert
Gary
Gaynor
Gignilliat
Grahl
Grier
Hadaway
Hale Hamilton Harrell Harris, J. F. Harris, J. R. Hawkins Henderson Higginbotham Hill Hood Howard Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Knapp Lambert Land Lane Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Mauldin McDaniell Merritt Minge Mitchell Mixon
Moore, Don C.
Moore, J. H.
Murphy
Newton, A. S.
Oglesby
Overby
Palmer
Paris Parker Parrish Peterson Powers Reid Richardson Rowland Rush Savage Sherman Sims Simkins Smith, V. T. Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Ware Watson Webb Wells Westlake
Wiggins
Williams, G. J.
Williams, W. M.
Wilson, J. M.
Wilson, R. W.
Wood
2202
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Alexander Berry Bowen Brackin Brinkley Brown, M. P. Caldwell Carr Chandler Collins, J. F. Collins, M. Colwell Conger Conner Cook Cox Crowe Daugherty Dollar Dorminy Etheridge Farrar Fleming
Floyd Harrington Harris, R. W. Harrison Herndon Holder Houston Howell Hull Jones, G. Paul Jordan, W. H. Knight Lambros Lea, F. R. Leonai'd Lovett Maddox Matthews, D. R. McClatchey MeCracken Melton NeSmith, J. D. Nessmith, P.
Newton, D. L. Odom Otwell Pafford Phillips Pickard Rainey Reaves Roach Ross Russell Shields Smith, A. B. Smith, G. L. II Smith, J. R. Snellings Sullivan Thompson, R. Walling Watkins Mr. Speaker
On the passage of the Bill, the ayes were 137, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 145. By Senators Carter of the 14th and Plunkett of the 30th:
A Bill to be entitled an Act to amend an Act so as to provide that the Georgia Higher Education Assistance Corporation shall be a budget unit oi 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 Adams Alexander Anderson
Bagby Barber Barfield Bean
Bedgood Berry Black Blair
THURSDAY, FEBRUARY 17, 1966
2203
Blalock Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Carley Carnes Carr Gates Clarke, H. G. Collins, J. F. Dailey Daugherty Davis DeLong Dickinson Dillon Dixon Drew Egan Elliott Etheridge Evensen Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harris, J. R. Harris, R. W.
Hawkins Higginbotham Hill Hood Houston Howard Howell Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Kiley Knapp Lambert Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Mauldin Melton Minge Mixon Moore, J. H. Murphy Newton, A. S. Palmer Paris Parker
Parrish Peterson Powers Richardson Rowland Savage Sherman Shields Sims Smith, G. L. II Smith, V. T. Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, A. W. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Ware Watson Webb Wells Westlake Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.
Alien Bennett Gary
Merritt Reid Rush
Wiggins
Those not voting were Messrs.:
Bowen Brackin Brantley Brown, M. P. Caldwell
Chandler Clark, J. T. Collins, M. Colwell Conger
Conner Cook Cox Crowe Dean
2204
Dollar Dorminy Doster Duncan Farrar Fleming Floyd Harrington Harris, J. F. Harrison Henderson Herndon Holder Hull Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight Lambros
JOURNAL OF THE HOUSE,
Lane Leonard Lovett Maddox Matthews, D. R. McClatchey McCracken McDaniell Mitchell Moore, Don C. NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Oglesby Otwell Overby Pafford Phillips
Pickard Rainey Reaves Roach Ross Russell Simkins Smith, A. B. Smith, J. R. Snellings Sullivan Thompson, R. Underwood Walling Watkins Williams, G. J. Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 126, nays 7.
The Bill, having received the requisite constitutional majority, was passed.
SR 55. By Senators Plunkett of the 30th, Webb of the llth, and Johnson of the 42nd:
A Resolution authorizing a memorial of Walter Franklin George to be placed in the halls of the Capitol of Georgia, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Bagby Barber Barfield Bean
Bedgood Bennett Black Blair Blalock Bowen Brackin Brown, M. P.
Bryant Busbee Byrd Carley Carnes Carr Gates Chandler
Clarke, H. G. Collins, J. F. Cook Dailey Daugherty Da vis Dean DeLong Dickinson Dillon Dixon Drew Duncan Egan Elliott Evensen Fulford Funk Gaissert Gary Gaynor Gignilliat Had away Hale Hamilton Harrell Harris, J, R. Harris, R. W. Harrison Hawkins Henderson Higginbotham Hill Hood Howard Howell Hutchinson Irvin
THURSDAY, FEBRUARY 17, 1966
2205
Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Kiley Knapp Land Lane
Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Mauldin McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Overby Pafford Palmer Parker Parrish
Peterson Powers Reid Richardson Rowland Rush Sherman Sims Smith, G. L. II Smith, V .T. Smith, W. L. Snow
Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Ware Watson Webb Wiggins Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Berry Brantley Brinkley Brown, B. D. Brown, C. Caldwell Clark, J. T. Collins, M. Colwell Conger Conner Cox
Crowe Dollar Dorminy Doster Etheridge Farrar Fleming Floyd Grahl Grier Harrington Harris, J. F. Herndon
Holder Houston Hull Jones, G. Paul Jordan, W. H. Knight Lambert Lambros Leonard Lovett Maddox Matthews, D. R. McCIatchey
2206
McCracken Mitchell Murphy Odom Otwell Paris Phillips Pickard Rainey Reaves
JOURNAL OP THE HOUSE,
Roach Ross Russell Savage Shields Simkins Smith, A. B. Smith, J. R. Snellings Thompson, A. W.
Thompson, R. Underwood Walling Watkins Wells Westlake Williams, G. J. Mr. Speaker
On the adoption of the Resolution, the ayes were 137, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
By unanimous consent, the Clerk was directed to correct a typographical error appearing in the following Bill of the House:
HB 525. By Messrs. Howard and McDaniell of the 101st and Henderson and Wilson of the 102nd:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of Marietta, and for other purposes.
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 Bills of the Senate and respectfully asks that a Committee of Conference be appointed:
SB 25. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th and others:
A Bill to provide for the submission of certain information to the Department of Public Safety, Bureau of Investigation; to provide what persons shall be required to furnish such information; to provide that the Department of Public Safety shall promulgate certain rules and regulations and for other purposes.
The president has appointed as a Committee of Conference on the part of the Senate: Senators Broun of the 46th, Thompson of the 34th and Kilpatrick of the 44th.
THURSDAY, FEBRUARY 17, 1966
2207
The Senate insists on its position on the following Bill of the Senate and respectfully asks that a Committee of Conference be appointed:
SB 88. By Senators Holley of the 22nd, Kidd of the 25th and Noble of the 19th and others:
A Bill to provide for the incorporation of regulated certificated banks; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Holley of the 22nd, Johnson of the 42nd and Smith of the 18th.
The Senate insists on its position on the following Bill of the Senate and respectfully asks that a Committee of Conference be appointed:
SB 89. By Senator Holley of the 22nd: A Bill to amend Code Section 13-204 relating to private banks or private bankers, as amended; and for other purposes.
The President has appointed as a Comittee of Conference on the part of the Senate: Senators Holley of the 22nd, Johnson of the 42nd and Smith of the 18th.
The Senate insists on its position on the following Bill of the House and respectfully asks that a Committee of Conference be appointed:
SB 68. By Messrs. Steis of the 100th, Jones of the 76th and others: A Bill to amend an Act relating to Supreme Court and Judges of Court of Appeals, so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Holley of the 22nd, Gaynor of the 5th and Ballew of the 50th.
The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 41. 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. Laws 1964, p. 499), as amended, relating to the powers of the county boards of health; and for other purposes.
2208
JOURNAL OP THE HOUSE,
The Senate has agreed to the House substitute to the following Bill of the Senate:
SB 236. By Senators Holley of the 22nd and Padgett of the 23rd:
A Bill to amend an Act establishing and creating a municipal court in and for the City of Augusta, approved August 28, 1931 (Ga. L. 1931, p. 270), as amended, particularly by an Act approved March 5, 1965 (Ga. L. 1965, p. 2144) ; and for other purposes.
The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 46. By Senators Kendrick of the 32nd and Coggin of the 35th: A Bill to amend an Act regulating the occupation of cosmetology and creating the Georgia State Board of Cosmetology, as amended; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following Bill of the House:
HB 6. By Messrs. Hull of the 104th, Conger of the 89th and others: A Bill to comprehensively revise, supersede and modernize pretrial, trial and certain posttrial procedures in civil cases; and for other purposes.
The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 237. By Senator Webb of the llth: A Bill to fix, allow and provide for the compensation of the Sheriff of Miller County; to provide that all fees, fines, etc., shall become the property of the county with certain exceptions; to repeal specific laws; and for other purposes.
The Senate has agreed to the House amendment to the Senate amendment to the following Bill of the House:
HB 468. By Mr. Conger of the 89th: A Bill to repeal Code Sec. 92-7002 providing that it shall be the duty of the State Revenue Commissioner to examine the tax digests of the several counties; so as to provide that beginning March 1, 1968 it shall be the duty of the State Revenue Commissioner to examine the tax digest of the several counties; and for other purposes.
THURSDAY, FEBRUARY 17, 1966
2209
Mr. Busbee of the 79th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.
2210
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Friday, February 18, 1966.
The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.
Prayer was offered by Rev. Henry K. Erwin, Pastor First Methodist Church, Waynesboro, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, 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.
The Speaker announced the House recessed until 9:40 o'clock this morning.
Mr. Caldwell of the 51st asked to be recorded as being opposed to the fifteen minute recess.
The Speaker again called the House to order at 9:40 o'clock.
FRIDAY, FEBRUARY 18, 1966
2211
The following report of the Committee on Rules was read:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for Friday, February 18, 1966, and submits the following:
SB 3. Judges & Solicitors, retirement fund SB 29. Motor vehicles, larceny of SB 115. Drawing of jurors, number SB 5. Home Rule, referendum elections SB 6. Cancellation of executions SB 38. Searches and seizures, procedure SB 57. State Highway Department, amend SB 66. Teachers' Retirement System, amend SB 76. Eminent domain, non-residents SB 86. Senators, Election SB 98. Teachers Retirement System, amend SB 129. Appellate and post-trial procedure SB 136. Sufficiency of pleadings, time and place SB 137. Retirement System, future employees SB 141. Motor Vehicles, registration SB 158. Registered Pharmacists, dispense drugs SB 159. Nudism, Against Public Policy
SB 201. Statewide Probation Act, amend
SB 214. Real Estate titles, defects SR 11. Public transportation, governmental function
SR 25. Damaging private property, payment
SR 27. Industry and Trade, certain facilities
SR 70. Georgia Ports Authority, agreement
SR 80. Air Pollution Study Committee
SR 38. Est. Area School Systems SR 74. State Scholarship Comm., Federal Funds
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 79th Vice-Chairman.
2212
JOURNAL OF THE HOUSE,
Mr. Busbee of the 79th moved that the House adopt the report of the Committee on Rules.
Mr. Caldwell of the 51st objected.
On the adoption of the report of the Committee on Rules, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Bagby Bean Bennett Berry Black Blair Blalock Brackin Brantley Brinkley Brown, C. Brown, M. P. Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Collins, M. Cook Crowe Daugherty Davis Dean DeLong Dickinson Dillon Dollar Doster Drew Duncan Egan Etheridge Evensen Farrar Fulford Funk
Gaissert Gary
Gaynor Gignilliat Grier Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, W. H. Kiley Lambros Land Lane Lee, W. J. (Bill)
Lee, W. S. Levitas Lewis Longino Lowrey M alone Matthews, D. R. Mauldin McClatchey McCracken McDaniell Merritt Mitchell Mixon Moore, Don C. Moore, J. H. Newton, A. S. Newton, D. L.
Otwell Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Rush Russell Sherman Shields Sims Smith, G. L. II Smith, V. T. Smith, W. L. Spikes Spillers Stalnaker Starnes Steis Story Stovall Sullivan Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Westlake Wigging Williams, G. J. Williams, W. M.
FRIDAY, FEBRUARY 18, 1966
2213
Those voting in the negative were Messrs.:
Alien Barfield Caldwell Dixon Grahl Houston
Jones, G. Paul Jordan, Ben C. Knapp Lea, F. R. Marshall Pafford
Simkins Smith, A. B. Stewart Thomas Wilson, R. W.
Those not voting were:
Abney Barber Bedgood Bo wen Brown, B. D. Bryant Busbee Clark, J. T. Collins, J. F. Colwell Conger Conner Cox Dailey Dorminy Elliott Fleming Floyd Hale Harrell
Hill Holder Hood Howard Howell Hull Irvin Knight Lambert Leonard Lovell Lovett Maddox Matthews, C. Melton Minge Murphy NeSmith, J. D. Nessmith, P.
Odom
Oglesby Overby Pickard Rainey Ross Rowland Savage Smith, J. R.
Snellings Snow Sweat Taylor Underwood Ware Watkins Wells Wilson, J. M. Wood Mr. Speaker
On the adoption of the report of the Committee on Rules, the ayes were 128, nays 17.
The report was adopted.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and amended the calendar for Friday, Febru ary 18, 1966, by adding the following thereto:
SB 28. Motor vehicles, identification SB 43. Granting of adoptions, time limit SB 54. Inspection of public records SB 56. State Superintendent of Schools, compensation
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JOURNAL OF THE HOUSE,
SB 102. Trust companies, organization SB 124. Uninvested trust funds SB 139. Driver licenses, minimum age SB 173. School property tax digest, State Auditor, amend SB 197. Atlantic Coastal Tourist Comm. create SB 212. Container Grown Prod. Definition SB 231. Georgia Health Code, amend SR 49. Committee, Computerized Criminal Records SR 61. Sonoco Products Company, lease land SR 83. Dispose lands, Governor's Mansion HR 329. Amending Rules of the House HR 373. Committee, Mentally Retarded--Day care
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 79th Vice-Chairman.
The following Bill of the House was introduced, read the first time and referred to the Committee on Agriculture:
HB 790. By Mr. Steis of the 100th:
A Bill to be entitled an Act to provide for the establishment of a Georgia Breeder's Award; and for other purposes.
Mr. Harris of the 118th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary, has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 48. Do Not Pass. SB 212. Do Pass.
FRIDAY, FEBRUARY 18, 1966
2215
SB 197. Do Pass. SB 210. Do Pass.
Respectfully submitted, Harris of the 118th, Chairman.
Mr. Brinkley of the 112th District, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 35. Do Pass. SR 47. Do Pass, by Substitute. SB 202. Do Pass, by Substitute. SB 206. Do Pass. SB 196. Do Pass, as Amended. SB 234. Do Pass, as Amended. SR 64. Do Pass, as Amended.
Respectfully submitted, Brinkley of the 112th, Chairman.
Mr. Busbee of the 79th District, 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 Chairman, to report the same back to the House with the following recommendations:
HR 329. Do Pass, by Committee Substitute. HR 373. Do Pass. SR 49. Do Pass.
Respectfully submitted, Busbee of the 79th, Vice-Chairman.
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JOURNAL OF THE HOUSE,
The following Resolutions of the House were again read and adopted:
HR 119-218. By Messrs. Gignilliat and Powers of the 113th; Gaynor and Smith of the 114th; Kiley and Tye of the 115th; Funk, Richardson and Drew of the 116th:
A RESOLUTION
Creating the Forward Georgia Commission; and for other purposes.
WHEREAS, in the year 1733 this great State of Georgia was founded; and
WHEREAS, the year 1983 will mark the 250th Anniversary of the founding of the State of Georgia; and
WHEREAS, it would be proper and appropriate that the citizens of this great State, together with its towns, cities, municipalities, and counties, as well as all civic, business, social and fraternal organizations and groups should look forward to, and plan for the commemoration of, the 250th Anniversary celebration of its founding; and
WHEREAS, during such year of 1983, all citizens of this great State and its political subdivisions, together with all civic, business, social and fraternal organizations and groups should endeavor to cele brate a full-scale exposition so as to commemorate the landing by Gen eral Oglethorpe, the founding of this State, and to depict this State's 250 years of development and progress in all fields of endeavor in cluding, but not limited to, our economic, business, financial, historical, industrial and cultural improvements; and
WHEREAS, the year 1983 being seventeen years hence, it would be to the advantage and benefit of each of the citizens within the con fines of the boundaries of our great State and each of its political subdivisions during such seventeen year interval to further enhance and improve the tangible and intangible assets of all of the qualities and attributes heretofore mentioned by embarking upon specific periods and phases of progress and development in the fields of endeavor heretofore stated; and
WHEREAS, the City of Savannah, Georgia's initial birthplace, has already initiated the first five year phase of a twenty year "Savannah on the Move" program pointing toward the commemoration of our State's 250th Anniversary and for the accomplishment of the goals hereinabove set forth; and
WHEREAS, other Georgia cities and towns have considered and are now considering similar programs of their own to parallel the said commemorative anniversary and, furthermore, we should encourage each and every citizen, town, city, municipality and county to likewise similarly commemorate the 250th Anniversary of this State's founding
FRIDAY, FEBRUARY 18, 1966
2217
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Forward Georgia Commission to be composed of fifteen members as follows: The Chairman of the Board of Commissioners of the Department of Industry and Trade, the Secretary of State, the President of the Georgia State Chamber of Commerce, the Presidents of the Chambers of Com merce of the Cities of Albany, Athens, Atlanta, Augusta, Columbus, Macon, Rome, Savannah, and Valdosta, and three members to be ap pointed by the Governor. The Commission shall meet within thirty days after the members are appointed for the purpose of organizing, electing officers, and adopting procedures for its operation. The Commission shall make a study of all the possibilities for the Forward Georgia Programs as provided for hereinbefore and formulate a comprehensive plan relative to the commemoration of the 250th Anniversary of the founding of Georgia in the year 1983, including plans for an Exposition to be held in such year. The Commission shall seek to provide methods and procedures where programs similar to the "Savannah on the Move" Program may be initiated in other municipalities and political subdivisions of the State. The Commission shall present a complete plan to the Governor and to the members of the General Assembly on or before December 31, 1967, on which date the Commission shall stand abolished. The members shall receive no compensation, per diem, ex penses or allowances for their services on the Commission.
HR 330-767. By Mr. Smith of the 90th:
A RESOLUTION
Creating the State-Local Government Revenue Study Committee; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY:
SECTION 1
There is hereby created an interim committee to be known as the State-Local Government Study Committee to be composed of ten (10) members as follows: 3 members of the House of Representatives to be appointed by the Speaker, 3 members of the Senate to be appointed by the President, 1 member representing municipal government to be appointed by the Governor, 1 member representing county government to be appointed by the Governor, and 2 other citizens to be appointed by the Governor.
SECTION 2
The Committee shall study the present sources of revenue available and the forms of taxation in use by local governments within this State. It shall study overlapping taxation and duplication of collection ex penses. The Committee shall give particular study to special problems in the field of ad valorem taxation of property, such as the equaliza tion of tax assessments within political subdivisions and between politi-
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JOURNAL OF THE HOUSE,
cal subdivisions, as well as problems in regard to various classes or subjects of ad valorem taxation.
The Committee shall study the sources of revenue available and forms of taxation in use by the State in relation to revenues of local governments, and shall study and recommend ways of better coordi nating all forms of taxation with regard to the ultimate effect of both State and local taxes on the taxpayer and his property. The Committee may include additional recommendations regarding the sharing of State collected revenues with local governments for both special and general purposes, and joint collection methods and procedures.
SECTION 3
The members shall meet within 15 days after all members have been appointed for the purposes of organizing, electing a chairman, a secretary, and such other officers as deemed advisable, and adopting procedures for the operation of the Committee. Any vacancy which occurs shall be filled by the person making the original appointment, and the person appointed shall represent the same field in which the vacancy occurs. Only the legislative members shall receive the per diem, expenses and allowances authorized for legislative members of interim legislative committees, but shall receive the same for not more than 30 committee days. In the event the Governor appoints any person who is a member of the executive branch or the judicial branch of the govern ment, such member shall receive the above authorized expenses from the funds from which he is otherwise compensated. The Committee shall make a report of its findings and recommendations on or before Jan uary 1, 1967, on which date the Committee shall stand abolished. Except as provided hereinbefore with reference to any member of the ex ecutive branch or the judicial branch of the government the funds neces sary for the purposes of this Resolution shall come from the funds appropriated to and available to the legislative branch of the govern ment.
HR 331-767. By Mr. Smith of the 90th: A RESOLUTION
Creating the State-Local Government Study Committee; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
There is hereby created an interim committee to be known as the State-Local Government Study Committee to be composed of ten (10) members as follows: 3 members of the House of Representatives to be appointed by the Speaker, 3 members of the Senate to be appointed by the President, 1 member representing municipal government to be appointed by the Governor, 1 member representing county government
FRIDAY, FEBRUARY 18, 1966
2219
to be appointed by the Governor, and 2 other citizens to be appointed by the Governor.
SECTION 2
The Committee shall study the general functions of each level of local government, and their relationship to State government, and to each other. It shall study and seek methods and additional approaches relative to further defining the proper functions and responsibilities of each level of government, and the duplication and overlapping of governmental functions and services. The Committee shall make recom mendations for any additional study it thinks might be needed relative to any area of intergovernmental relationship concerning increased cooperation and efficiency between governmental units.
SECTION 3
The members shall meet within 15 days after all members have been appointed for the purposes of organizing, electing a chairman, a secretary, and such other officers as deemed advisable, and adopting procedures for the operation of the Committee. Any vacancy which occurs shall be filled by the person making the original appointment, and the person appointed shall represent the same field in which the vacancy occurs. Only the legislative members shall receive the per diem, expenses and allowances authorized for legislative members of interim legislative committees, but shall receive the same for not more than 30 committee days. In the event the Governor appoints any person who is a member of the executive branch or the judicial branch of the government, such member shall receive the above authorized expenses from the funds from which he is otherwise compensated. The Committee shall make a report of its findings and recommendations on or before January 1, 1867, on which date the Committee shall stand abolished. Except as provided hereinbefore with reference to any member from the executive branch or the judicial branch of the government, 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 Resolutions of the House were again read:
HR 310-709. By Mr. Palmer of the 117th:
A Resolution creating an interim study committee, and for other pur poses.
The following Committee substitute was read and adopted:
A RESOLUTION
WHEREAS, at the present session of the General Assembly there have been various proposals presented dealing with the compensation
2220
JOURNAL OF THE HOUSE,
and expenses received by the elected and appointed officials of the Ex ecutive Branch of Government; and
WHEREAS, an impartial, thorough and exhaustive study should be conducted relative to such compensation and expenses.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of the following members: One member of industry, one member of labor, to be appointed by the Speaker of the House, 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 Commerce, Georgia Farm Bureau, Georgia Education Association and the League of Women Voters. The committee shall conduct a thorough and exhaustive study of the compensation and ex penses received by the elected and appointed state officials of the State of Georgia and shall report its findings and recommendations to the 1967 session of the Georgia General Assembly on or before November IB, 1966, at which time it shall stand abolished. The members of the committee 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.
The Resolution was adopted, by substitute.
HR 155-328. By Messrs. Lambros of the 130th, Hawkins of the 139th and others: A Resolution creating an interim study committee, and for other pur poses.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating an interim committee to study the problems associated with mental retardation, and all matters relating thereto and the facili ties associated therewith; and for other purposes.
WHEREAS, the problems relating to mental retardation and the facilities associated therewith are constantly growing in the State of Georgia; and
WHEREAS, a thorough study should be made regarding these problems in order that adequate plans may be made for the alleviation of such problems.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim legislative
FRIDAY, FEBRUARY 18, 1966
2221
committee to consist of seven members to be appointed as follows: Five appointed by Speaker from the House membership and two laymen from the State at large. Said committee is hereby authorized and directed to make a thorough study of all problems associated with mental re tardation, and the facilities associated therewith. The members of the committee shall meet within thirty days after they have been appointed for the purpose of organizing, electing such officers as deemed advisable and adopting procedures for the operation of the committee. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees. The committee shall be authorized to meet for such number of days as said committee shall deem necessary not to exceed ten days. 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 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, 1966, on which date such committee shall stand abolished.
The Resolution was adopted, by substitute.
The following Resolution of the Senate was read and adopted:
SR 125. By Senator Hall of the 52nd:
A Resolution urging the President of the United States to accept the invitation to appear at the annual meeting of the Rome-Floyd County Chamber of Commerce, and for other purposes.
The following Resolution of the House was read and adopted:
HR 376. By Messrs. Mauldin of the 18th, Harrington of the 47th and others:
A RESOLUTION
Expressing appreciation to Miss Patricia "Pat" Williams, Secretary to the Speaker of the House of Representatives; and for other purposes.
WHEREAS, Miss Patricia "Pat" Williams is the very efficient Secretary to the Speaker of the House of Representatives, and
WHEREAS, Miss Williams, notwithstanding her multitude of duties as Secretary to the Speaker of the House of Representatives, has rendered valuable assistance to the members of the House of Re presentatives, and
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JOURNAL OF THE HOUSE,
WHEREAS, Miss Williams is to be married on March 5, 1966 to the Honorable Jewell L. Futch, Sheriff of Lowndes County, and
WHEREAS, the members of the House of Representatives desire to express their appreciation to Miss Williams for her many acts of kindness and most able and efficient assistance and to express their sincerest congratulations to Miss Patricia "Pat" Williams and the Honorable Jewell L. Futch.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express to Miss Patrica "Pat" Williams its heartfelt appreciation for the many acts of kindness and the most able and efficient assistance she has rendered to the members of the House of Representatives.
BE IT FURTHER RESOLVED that the sincerest congratulations of the members of the House of Representatives are hereby expressed to Miss Patricia "Pat" Williams and the Honorable Jewell L. Futch and this body does hereby wish for them every success and happiness.
BE IT FURTHER RESOLVED that as a token of our esteem and appreciation the Clerk of the House of Representatives is hereby au thorized and directed to place a copy of this Resolution in the journal of the House of Representatives and to transmit an appropriate copy of this Resolution with the seal of the House of Representatives affixed thereto to Miss Patricia "Pat" Williams and the Honorable Jewell L. Futch.
BE IT FURTHER RESOLVED that, as a public and personal expression of the esteem and appreciation of the members of the House of Representatives of the 1966 Regular Session of the General Assembly of Georgia have for Miss Patricia "Pat" Williams, the Speaker of the House of Representatives is hereby respectfully requested to deliver to Miss Patricia "Pat" Williams the gifts from the members of the House of Representatives that has heretofore been placed in his posses-
By unanimous consent, the following Resolution of the Senate was withdrawn from the Judiciary Committee and recommitted to the Committee on Local Affairs:
SR 64. By Senators Wesberry of the 37th, Sanders of the 41st and Coggin of the 35th: A Resolution to establish a local Government Commission in Atlanta, Fulton and DeKalb Counties; and for other purposes.
By unanimous consent, the following Bill of the Senate was recommitted to the Local Affairs Committee:
FRIDAY, FEBRUARY 18, 1966
2223
SB 234. By Senators Wesberry of the 37th, Thompson of the 34th and Coggin the 35th:
A Bill to be entitled a Act to amend an Act so as to provide that in certain counties the minimum interest payment shall be one dollar, and for other purposes.
Mr. Busbee of the 79th arose to a point of personal privilege and addressed the House.
Mr. Thomas of the 77th arose to a point of personal privilege and addressed the House.
Mr. Palmer of the 117th arose to a point of personal privilege and addressed the House.
Mr. Rowland of the 48th arose to a point of personal privilege and addressed the House.
Mr. Bedgood of the 29th arose to a point of personal privilege and addressed the House.
Mr. Blalock of the 33rd arose to a point of personal privilege and addressed the House.
By unanimous consent, the following Resolution of the Senate was taken up for consideration and read the third time:
SR 64. By Senators Wesberry of the 37th, Sanders of the 41st, Coggin of the 35th and others:
A Resolution to establish a local Government Commission in Atlanta, Fulton and DeKalb Counties for governments and providing greater efficiency and economy, etc.; and for other purposes.
The following Committee amendment was read and adopted:
THE LOCAL AFFAIRS COMMITTEE OF THE HOUSE OF REPRESENTATIVES MOVES TO AMEND SENATE RESOLUTION 64 (as substituted) IN THE FOLLOWING MANNER:
By striking the word and figures "eighteen (18)" which are situated between the words "of" and "members" the same being situated in the third sentence of Section 1 of said resolution and inserting in lieu thereof the following: "nineteen (19)" also:
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JOURNAL OP THE HOUSE,
By striking the words "Fulton County." situated as the last two words in the fifth sentence of Section 1 of said resolution, and inserting in lieu thereof the words "that Senatorial District." also:
By adding a sentence immediately subsequent to the fifth sentence of Section 1 and immediately before the sixth sentence of Section 1 which begins "one member" by adding a new sentence to read; "One member from Fulton County shall be appointed by the three County-at-large. House Members."
The report of the Committee, which was favorable to the adoption of the Resolution, as amendeed, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 105, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
SB 216. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act so as to change the date of the election of the mayor and aldermen of the City of Milledgeville, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 217. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act so as to change the date on which the City of Milledgeville taxes become due, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
FRIDAY, FEBRUARY 18, 1966
2225
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 206. By Senator Minish of the 48th: A Bill to be entitled an Act to amend an Act so as to change the compen sation of the chairman and the other members of the Board of Commissioners of Roads and Revenues of Jackson County, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 238. By Senator Edenfield of the 4th: A Bill to be entitled an Act to amend an Act so as to authorize the clerk of the superior court of Bulloch County to employ a deputy clerk, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 239. By Senator Loggins of the 53rd: A Bill to be entitled an Act to amend an Act so as to change the compen sation of deputy sheriffs of the Superior 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
SB 196. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend an Act so as change the date of the election for mayor and aldermen of the town of Maysville, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend SB 196 by changing the period after the word "election" in the 15th line of new Section 5, page 2, to a comma and adding the following phrase: "during the years 1966 and 1967".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 202. By Senator Minish of the 48th: A Bill to be entitled an Act to change the compensation of the sheriff of Jackson County from the fee system to the salary system, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
TO BE ENTITLED
An Act to abolish the present mode of compensating The Sheriff of Jackson County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide that fees, fines, forfeitures, costs, com missions, allowances and other funds and moneys which have accrued to the sheriff at the time this Act becomes effective which remain uncollected shall be paid to the sheriff when collected; to provide for deputy sheriffs, a jailer and other personnel and for their compensation; to provide that automobiles shall be furnished the sheriff and his deputies by Jackson County; to provide for the maintenance of such automobiles; to provide that Jackson County shall purchase the food consumed in the county jail; to provide for reasonable and necessary travel expenses for
FRIDAY, FEBRUARY 18, 1966
2227
the sheriff and his deputies; to provide for utilities; fuel and supplies for the county jail; to provide for the necessary working tools to properly carry out the criminal investigation and for other equipment used by law enforcement officers; to provide for uniforms for the sheriff's deputies; to provide for the payment of official bonds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The present mode of compensating the sheriff of Jackson County, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided.
Section 2. The sheriff shall receive an annual salary of ten thousand ($10,000.00) dollars, payable in equal monthly installments on the first Tuesday of each month from the funds of Jackson County.
Section 3. From and after the effective date of this Act, all fees, costs, percentages, forfeitures, penalties, allowances, turn key fees, and all other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected as compensation for services by the said Sheriff of Jackson County, Georgia, shall be received and collected by him for the sole use of Jackson County, and shall be held by him in trust as public moneys belonging to Jackson County, and same shall be paid by him over to the fiscal authority of Jackson County by the 15th day of each month for the immediate preceding month, at which time a detailed itemized statement shall be made by said sheriff showing all collections of all fees, and the sources from which collected, and the fiscal authority of Jackson County shall give said sheriff a receipt therefor, and said fiscal authority shall keep a separate account showing such collections and the sources from which they are paid.
Section 4. All fees, fines, forfeitures, costs, commissions, allowances, penalties, funds, moneys or any other emoluments or perquisites which have accrued to the sheriff at the time this Act becomes effective and to which said officer is entitled and which remain uncollected at the time this Act becomes effective, shall when collected be paid to said officer.
Section 5. (a) The sheriff shall be allowed the sum of $18,000.00 per annum from the funds of Jackson County as compensation for a chief deputy, and up to three day and night deputies, a clerk and a jailer all of whom shall be paid in equal monthly installments from the funds of Jackson County.
(b) It being the lawful duty of the sheriff to feed prisoners con fined under his jurisdiction, the sheriff shall be authorized to obtain a cook to be used at the jail from the penal work forces of this State. In the event said sheriff is unable to obtain a cook by the aforesaid method, the sheriff shall be authorized to employ a cook at a salary to be fixed by the sheriff not to exceed $2,400.00 per annum to be paid in equal monthly installments from the funds of Jackson County.
(c) It shall be within the sole power and authority of the sheriff to prescribe the compensation of the chief deputy, the three deputies, the clerk, the jailer and the cook, within the limitations herein provided.
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JOURNAL OF THE HOUSE,
Section 6. The county shall furnish the sheriff with three auto mobiles and equipment. The county shall be responsible for the costs of operating expenses, repairs, maintenance and replacement of such automobiles and equipment. The county shall make available the neces sary gasoline and oil for operating said automobiles but the sheriff shall be authorized to purchase the necessary gasoline and oil for said operation whenever it is not available through the county, and said purchases shall be paid for from the funds of Jackson County. The sheriff shall be responsible for the necessary repairs and maintenance of the three automobiles and equipment, but the cost of same shall be paid from the funds of Jackson County.
Section 7. The food to be consumed in the county jail of Jackson County shall, after the effective date of this Act, be purchased by the said sheriff of Jackson County and paid for by the governing authority of Jackson County. Said food shall be prepared under the direction of said sheriff.
Section 8. All reasonable and necessary travel expenses beyond the limits of Jackson County, Georgia, incurred by said sheriff and his deputies in the discharge of their official duties shall be supplied and paid for by the governing- authority of said Jackson County.
Section 9. Said sheriff is authorized to purchase in the name of Jackson County, all utilities, fuel and supplies needed for said jail, and the fiscal authority of said county shall pay therefor as well as the cost of maintenance and repair of said jail.
Section 10. The said sheriff of Jackson County shall at all times have complete control over the activities of his deputies, and all of the employees herein provided for, and said sheriff shall have the exclusive right to hire and discharge said deputies and all other employees at any time he deems same is in the best interest of the county.
Section 11. The Sheriff of Jackson, County shall have the authority to purchase all reasonable and necessary working tools to properly carry out criminal investigation and other equipment used by law enforcement officers, said tools and equipment to be paid for by the governing authority of Jackson County.
Section 12. The said fiscal authority of Jackson County shall not be allowed to compensate, out of the funds of Jackson County, any deputy sheriffs not herein provided for, but the Sheriff of Jackson County, Georgia, may appoint such additional deputy sheriffs as he may deem necessary, provided provisions are made by him for their compensation out of funds not belonging to Jackson County.
Section 13. The said sheriff shall have the authority to purchase necessary or reasonable uniforms for his deputies, and the cost of such uniforms shall be paid for from the funds of Jackson County.
Section 14. The official bonds of the said sheriff and all of his deputies, as may be required by law, shall be procured by said sheriff
FRIDAY, FEBRUARY 18, 1966
2229
and his deputies, and the premiums and costs therefor shall be paid out of the funds of Jackson County.
Section 15. The provisions of this Act shall become effective on April 1, 1966.
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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 234. By Senators Wesberry of the 37th, Thompson of the 34th and Coggin of the 35th:
A Bill to be entitled an Act to amend an Act so as to provide that in certain counties the minimum interest payment shall be one dollar, and for other purposes.
The following Committee amendment was read and adopted:
The Local Affairs Committee amends Senate Bill 234 by striking the words "and a penalty of one dollar ($1.00) shall be assessed in lieu thereof" at the end of Section I and by placing a period after the word "waived".
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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SR 73. By Senators Wesberry of the 37th, Johnson of the 38th, Maclntyre of the 40th, and Ward of the 39th:
A Resolution to re-establish a Local Education Commission in Atlanta and Fulton County to continue the study of the desirability of combining the school systems of Fulton County and the City of Atlanta, and for other purposes.
2230
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 120, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SR 39. By Senator Fincher of the 51st:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the provisions relating to elections for the members of the Cherokee County Board of Education and to change the provisions relating to the filling of vacancies on the Cherokee County Board of Education; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitu tion, as amended by an amendment, creating the Cherokee County School System, and ratified at the general election held on November 6, 1956, and as set forth in Georgia Laws 1956, at page 133, is hereby amended by adding at the end of the eighth paragraph of the amendment, as set forth in Georgia Laws 1956, at page 133, the following:
"The ordinary shall issue the call for any such election not less than twenty (20) nor more than thirty (30) days before the date of such election and shall cause the date and purpose of such election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cherokee County. Any person wishing to offer as a candidate for the Cherokee County Board of Education shall specify the District for which he wishes to run and shall qualify not less than ten (10) nor more than thirty (30) days before the election for members of the board.",
so that when so amended, said eighth paragraph shall read as follows:
"Within fifteen days after the ratification of this amendment, it shall be the duty of the Ordinary of Cherokee County to issue the call for an election to be held within the school districts, as herein provided, to elect members of the board. Such election shall be held not less than ten (10) nor more than twenty (20) days after the issuance of the call, and the members elected shall enter upon the duties of their office. Thereafter, the election of a successor to the member whose term expires that year shall be held on the Tuesday after the first Monday in November and he shall take office on January 1 following election. The General Assembly is hereby authorized to change the election day herein provided. The ordinary
FRIDAY, FEBRUARY 18, 1966
2231
shall issue the call for any such election not less than twenty (20) nor more than thirty (30) days hefore the date of such election and shall cause the date and purpose of such election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cherokee County. Any person wishing to offer as a candidate for the Cherokee County Board of Education shall specify the District for which he wishes to run and shall qualify not less than ten (10) nor more than thirty (30) days before the election for members of the board."
Section 2. Said amendment, as set forth in Georgia Laws 1956 at page 133, is further amended by striking the tenth paragraph which reads as follows:
"Vacancies on said board shall be filled by the remaining members of the board, except that the grand jury shall appoint the member for a district for a full term in the event no freeholder in that district qualifies for election for a full term. Any member so appointed shall be a freeholder and a resident of the district that he represents.",
in its entirety and substituting in lieu thereof a new paragraph to read as follows:
"Vacancies on said board shall be filled for the unexpired term by the remaining members of the board provided such vacancy occurs within one year of the next general election. If such vacancy occurs more than one year from the next general election, an election shall be called to fill such vacancy for the unexpired term. Such election shall be called and held, and the candidates for such vacancy shall qualify, in accordance with the provisions herein relating to election for members of the board. In the event no freeholder in a district qualifies for election as a member of the board for a full term or to fill a vacancy, as the case may be, the grand jury shall appoint a member from such district for a full term or to fill the vacancy as the case may be."
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 there on, 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 change the provisions relating to elections for the members of the Cherokee County Board of Education and to change the provisions relating to the filling of
NO ( ) vacancies on the Cherokee County Board of Edu cation?"
2232
JOURNAL OF THE HOUSE,
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 the State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brantley Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Caldwell Games Carr Gates Clark, J. T. Collins, J. F. Collins, M. Conger Crowe Dailey
Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Doster Drew Duncan Egan Elliott Etheridge Evensen Farrar Fleming Fulford Funk Gaissert Gaynor Gignilliat
Grahl Grier Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison
Hawkins Herndon Higginbotham Hill Hood Houston Howell Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Land Lane Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin
McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard Powers
FRIDAY, FEBRUARY 18, 1966
2233
Rainey Reaves Reid Richardson Roach Rowland Russell Savage Sherman Shields Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow
Spikes Spillers Stalnaker Starnes Steis Stewart Story
Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wood
Those not voting were Messrs.:
Bean Bowen Brackin Brown, C. Carley Chandler Clarke, H. G. Colwell Conner Cook Cox Dorminy Floyd Gary
Hale Harrell Henderson Holder Howard Hull Irvin Jones, G. Paul Knight Lambert Lambros Lea, F. R. Leonard Maddox
McClatchey NeSmith, J. D. Nessmith, P.
Odom Ross Rush Sims Smith, J. R. Underwood Ware Wilson, J. M. Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 163, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
SR 66. By Senator Moore of the 31st:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Polk School District by merging the county school system of Polk
2234
JOURNAL OF THE HOUSE,
County and the independent school system of the City of Cedartown; 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 striking in its entirety the following language:
"All of Polk County lying outside of independent school sys tems now in existence in said county shall compose one school district and shall be under the control and management of a County Board of Education. There shall be a Polk County Board of Edu cation which shall consist of nine (9) members, who shall serve without compensation. The judge of the superior court of said county shall appoint the first board and three (3) of the members so appointed shall hold office for four years, three (3) for three (3) years, and three (3) for two (2) years. At the expiration of the terms of members of said board so appointed their successors shall be elected by the qualified voters of that portion of Polk County which is now or may hereafter be under the jurisdiction of the Polk County Board of Education, and for a term of four years. The election for board members shall be held on the second Tuesday in December at an election held for the exclusive purpose of electing members of the Polk County Board of Education. All candidates for membership on the Polk County Board of Education shall register with the ordinary of said county at least ten days before the election. The ordinary shall provide for said election in the same manner and at the same places as regular election and declare the results and certify to the proper authorities the duly elected members of said board. The new Board of Education pro vided for in this amendment shall take office January 1, 1949, and the first election shall be held on the second Tuesday in De cember, 1950, and other elections shall be held on said date each year thereafter so that the terms of the membership shall remain staggered. One member of the County Board of Education shall be elected from each of the attendance areas of Antioch, Aragon, Benedict, Brewster, Cedar-Lake, Fish, Fite, and two members shall be elected from the elementary school attendance area of Rockmart. The membership of the Polk County Board of Education shall be enlarged to thirteen, if and when the independent school system of Cedartown merges with Polk County School System and the four additional members shall be elected from the territory of the city limits of Cedartown. All rights, powers, and duties now exercised by the county board of education and the district trustees are hereby vested in the Polk County Board of Education. Should a vacancy occur on said board by reason of death, resignation, or otherwise, the remaining members of the board shall by secret ballot elect a successor who shall hold office until the first election for members of the board as herein provided. No person shall be eli gible to hold office as a member of the Polk County Board of Education who is not of good moral character, who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the common school system, and who is not
FRIDAY, FEBRUARY 18, 1966
2235
a voter qualified to vote for members of the General Assembly. No publisher of school books or any agent of such publisher, or any person who shall have a pecuniary interest in the sale of school books shall be eligible for election as a member of said board of education.
"There shall be a County School Superintendent who shall be elected or appointed by the County Board of Education of Polk County. Before any person shall be elected or appointed County School Superintendent he shall have all of the qualifications which are now, or which may hereafter be prescribed by law for county school superintendents of the state, except that any legal require ment as to local residence shall not be applicable. From and after the ratification of this amendment the voters of Polk County shall no longer elect a County School Superintendent. That in addition to the tax of not less than five mills nor greater than fifteen mills, which the fiscal authority of the county is required to levy for the support and maintenance of education upon property located outside independent school systems as provided for in Paragraph 1, Section 12, Article 8 of the Constitution, the fiscal authorities of Polk County shall levy a tax, for the support and maintenance of schools under the jurisdiction of the Polk County Board of Education of two mills upon the dollar of all taxable property located in the County of Polk, when such additional two mill tax is recommended by the Polk County Board of Education."
"All of Polk County lying outside of independent school systems now in existence in said county shall compose one school district and shall be under the management and control of the county board of education which shall be the Polk County Board of Education, consisting of nine (9) members who shall serve without compensa tion. Upon ratification hereof by the qualified voters of this state, the judge of the superior court of said county shall appoint the first board as created herein and four (4) of the said members so appointed shall serve until December 31, 1954 and until their successors are duly elected and qualified; and five (5) of the said members so appointed shall serve until December 31, 1956 and until their successors are duly elected and qualified. Thereafter the terms of elected members shall be for four (4) years from the date they take office. The successors to the aforesaid appointed members shall be elected in the year in which the terms of the aforesaid appointed members expire and at the same time and in the same manner and under the same rules and regulations as are members of the General Assembly of Georgia. Each of the school attendance areas of Antioch, Aragon, Benedict, Brewster, Cedar-Lake, Fish, and Fite, shall be represented upon said board by a member thereof who was a resident of that school attendance area at the time of his appointment or election, however, the at tendance area of Rockmart shall be represented by two such members, and each such member shall be a representative of the county at large and nothing herein contained shall be construed to limit the countywide powers of such members. The number of members of the Polk County Board of Education shall be increased to thirteen (13) if and when the independent school system of Cedartown ceases to exist or merges with the Polk County school system and the retiring board of education of the Cedartown
2236
JOURNAL OF THE HOUSE,
system, as constituted at the time of such merger, as herein de scribed, shall appoint four (4) of their members to serve on the Polk County Board of Education, two (2) of which shall serve from the date of their appointment to December 31 of the year in which the first election, since the date of their appointment, for any members of the Polk County Board of Education is held; and two (2) of which shall serve from the date of their appointment to December 31 of the year in which the second election, since the date of their appointment, for any members of the Board of the Polk County Board of Education .is held. The successors to such appointed additional members shall be elected at the same time, for the same term, and under the same rules and regulations as are members of the Polk County Board of Education at the time of said merger, as herein described, if any. In the event of said merger, as herein described, the City of Cedartown shall be repre sented on said board by four (4) members who resided within the city limits of Cedartown at the time of their election or appointment but each additional member shall also be a representative of the county at large and nothing contained herein shall be construed to limit the countywide powers of such additional members. All rights, powers and duties exercised by the board of education hereby abolished are hereby vested in the new Polk County Board of Edu cation. Should a vacancy occur on said board by reason of death, resignation or otherwise, the remaining members of the board shall by secret ballot elect a successor who shall hold office until the expiration of the term of his predecessor in office. No person shall be eligible to hold office as a member of the Polk County Board of Education who is not of good moral character, who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the common school system and who is not a voter qualified to vote for the members of the General Assembly. No publisher of school books or any agent for such publisher or any person who shall have a pecuniary inter est in the sale of school books shall be eligible for election as a member of said board of education.
"There shall be a county school superintendent who shall be elected or appointed by the County Board of Education of Polk County. Before any person shall be elected or appointed county school superintendent, he shall have all of the qualifications which are now, or which may hereafter be prescribed by law for county superintendents of this state, except that any legal requirement as to local residence shall not be applicable.
"In addition to the tax of not less than five (5) mills nor greater than fifteen (15) mills, which the fiscal authority of the county is required to levy for the support and maintenance of edu cation upon property located outside independent school systems, as provided in Paragraph I, Section XII, Article VIII of the Con stitution, the fiscal authorities of Polk County shall levy a tax for the support and maintenance of schools under the jurisdiction of the Polk County Board of Education of two (2) mills upon the dollar of all taxable property located in the County of Polk when such additional two (2) mill tax is recommended by the Polk County Board of Education.",
FRIDAY, FEBRUARY 18, 1966
2237
and substituting in lieu thereof the following:
"Effective at the time and in the manner provided hereinafter, there is hereby created the Polk School District by merging the county school system of Polk County and the independent school system of the City of Cedartown. There is hereby created the board of education of the Polk School District. Said board shall be com posed of nine (9) members as follows: Two members shall be resi dents of the Rockmart school attendance area; one member shall be a resident of the Cedar Lake-Fite school attendance area; one member shall be a resident of the Brewster-Benedict school attend ance area; one member shall be a resident of the Fish Creek-Antioch school attendance area; one member shall be a resident of the Aragon school attendance area; and three members shall be resi dents of the City of Cedartown. All members shall be elected by the voters of the entire county. For the purposes of this paragraph, the school attendance areas referred to herein shall be as presently set forth and delineated by a map which is on file in the office of the clerk of the superior court of Polk County at the time of the ratification of this amendment, and shall remain as set forth therein unless specifically provided otherwise by an Act of the General Assembly, relative to the Polk School District.
"The first members of the board of education of the Polk School District shall be elected in a special election held for that purpose on March 15, 1967. Members elected to the board in said election shall take office on July 1, 1967, and, except as hereinafter provided, they shall serve until December 31, 1970, and until their successors are duly elected and qualified. The two candidates who receive the highest number of votes from the Rockmart school attendance area shall be elected to the board. That candidate who receives the highest number of votes from said area shall serve until December 31, 1970 and that candidate who receives the second highest number of votes from said area shall serve until December 31, 1968. The three candidates who receive the highest number of votes from the Cedartown school attendance area shall be elected to the board. The two candidates who receive the highest number of votes from said area shall serve until December 31, 1970 and that candidate who receives the third highest number of votes from said area shall serve until December 31, 1968. Thereafter, successors to the initial members of the board of education of the Polk School District shall be elected at the general election which is conducted in that year in which the respective term of office expires and they shall take office on the first day of January fol lowing their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Candidates offering for election to the board from school attendance areas having more than one member on the board shall, when qualifying as candidates, designate by name the incumbent member of the board whose position on the board they offer as candidates for election. In the event of a vacancy occurring on said board by the death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the board shall by secret ballot elect his successor, who shall hold office for the balance of the term which he fills, and until his successor is duly elected and qualified.
2238
JOURNAL OF THE HOUSE,
"The county school system of Polk County and the board of education thereof, and the independent school system of the City of Cedartown and the board of education thereof, shall continue to exist until July 1, 1967, on which date the Polk School District and the board of education thereof shall come into existence. Even though the county school system of Polk County and the independent school system of the City of Cedartown and their respective boards of education shall cease to exist on July 1, 1967, the respective taxes levied for the support and maintenance of said systems for the calendar year 1967 shall be levied, collected and turned over to the Polk School District for its use in providing for a system of education as herein provided.
"The board of education shall appoint the school superintendent of the Polk School District. The school superintendent of the in dependent school system of the City of Cedartown and the county school superintendent of the county school system of Polk County shall continue to serve as such and such offices shall continue to exist until July 1, 1967, upon which date the office of school super intendent of the Polk School District shall come into existence. The Polk School District shall constitute a political subdivision of the State of Georgia, which shall be separate and distinct from the political entities of the City of Cedartown and the County of Polk. Said school district is authorized to incur bonded indebtedness for the purpose of constructing, erecting, repairing and improving the necessary school buildings of the district and for the purpose of acquiring the necessary property therefor. The Polk School District is hereby authorized to levy a tax for the support and maintenance of education of not more than 20 mills, but the provisions for re moving or increasing such limitation shall be the same as provided in Article VIII, Section XII, Paragraph I of the Constitution, as amended. On the date provided for herein for the new district to come into existence, all property and facilities and all assets, debts and obligations including the bonded indebtedness incurred for the benefit of the two systems so merged by the City of Cedartown and the old Polk County School System shall become the property, facili ties, assets, debts and obligations of the Polk School District.
"Except as hereinafter provided, the Polk County School Dis trict, board of education and school superintendent thereof shall be subject to all constitutional and general statutory provisions relating to county systems of education, county boards of education and county school superintendents except as those provisions con flict with the provisions of this amendment to the Constitution. The General Assembly is authorized to provide by law for such matters as may be necessary to the operation and control of the Polk County School District not otherwise provided for herein.
"There shall be not less than one high school maintained within or near the corporate limits of the City of Cedartown and not less than one high school maintained within or near the corporate limits of the City of Rockmart, as said corporate liimts may now or here after exist."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to
FRIDAY, FEBRUARY 18, 1966
2239
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 create the Polk School District by merging the county
NO ( ) school system of Polk County and the independent school system of the City of Cedartown?"
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 Adams Alexander
Alien Anderson Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brantley Brinkley Brown, B. D. Brown, M. P.
Bryant Busbee Byrd Caldwell Carnes Carr
Gates Clark, J. T. Collins, J. F. Collins, M. Conger Crowe Dailey Daugherty Davis Dean DeLong Dickinson
Dillon Dixon Dollar Doster Drew Duncan Egan Elliott Etheridge Evensen Farrar Fleming Fulford Funk Gaissert Gaynor Gignilliat Grahl
2240
JOURNAL OF THE HOUSE,
Grier Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Hill Hood Houston Howell Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Land Lane Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey M alone Marshall Matthews, C.
Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Newton, A. S. Newton, D. L.
Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peter son Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Rowland Russell Savage Sherman Shields Simkins
Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wood
Those not voting were Messrs.:
Bean Bo wen Brackin Brown, C. Carley Chandler Clarke, H. G. Colwell Conner Cook Cox Dorminy Floyd Gary
Hale Harrell Henderson Holder Howard Hull Irvin Jones, G. Paul Knight Lambert Lambros Lea, F. R. Leonard Maddox
McClatchey NeSmith, J. D. Nessmith, P. Odom Ross Rush
Sims Smith, J. R. Underwood Ware Wilson, J. M. Wilson, R. W. Mr. Speaker
FRIDAY, FEBRUARY 18, 1966
2241
On the adoption of the Resolution, the ayes were 163, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
SR 67. By Senator Owens of the 49th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the appointment of the county school superintendent of Lumpkin County by the board of education of Lumpkin County; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section VI, Paragraph I of the Constitu tion is hereby amended by adding at the end thereof the following paragraph:
"The county school superintendent of Lumpkin County shall be appointed by the board of education of Lumpkin County and he shall serve at the pleasure of the board. The county school super intendent serving at the time of the ratification of this amendment shall continue to serve for the term of office for which he was elected and until his successor is duly appointed and qualified. All constitutional and statutory provisions relating to county school superintendents shall be applicable to the county school superin tendent of Lumpkin County unless they shall conflict with the pro visions of this paragraph."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes' 'and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide for the appointment of the county school superin-
NO ( ) tendent of Lumpkin County by the board of educa tion of Lumpkin 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".
2242
JOURNAL OF THE HOUSE,
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brantley Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Caldwell Carnes Carr Cates Clark, J. T. Collins, J. F. Collins, M. Conger Crowe Dailey Daugherty Davis Dean DeLong Dickinson
Dillon Dixon Dollar Doster Drew Duncan Egan Elliott Etheridge Evensen Farrar Fleming Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Hill Hood Houston Howell Hutchinson Johnson, Dr. A. S. Johnson, B.
Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Land Lane Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Newton, A. S. Newton, D. L. Oglesby Otwell Overby
Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Rowland Russell Savage Sherman Shields
FRIDAY, FEBRUARY 18, 1966
2243
Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas
Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wood
Those not voting were Messrs.:
Bean Bo wen Brackin Brown, C. Carley Chandler Clarke, H. G. Colwell Conner Cook Cox Dorminy Floyd Gary
Hale Harrell Henderson Holder Howard Hull Irvin Jones, G. Paul Knight Lambert Lambros Lea, F. R. Leonard Maddox
McClatchey NeSmith, J. D. Nessmith, P. Odom Ross Rush Sims Smith, J. R. Underwood Ware Wilson, J. M. Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 163, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
SR 79. By Senator Ballew of the 50th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the City of Jasper Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to pro vide for issuing revenue bonds and for the validation of such bonds; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
2244
JOURNAL OF THE HOUSE,
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article VII, Section VII, Paragraph V of the Consti tution is hereby amended by adding at the end thereof a new Paragraph which shall read as follows:
"A. There is hereby created a body corporate and politic in the City of Jasper, Georgia, to be known as the City of Jasper Indus trial Development Authority, which shall be an instrumentality of the State of Georgia and a public corporation and which in this amendment is hereafter referred to as the 'Authority'."
"B. The Authority shall consist of seven members to be elected by the Mayor and Council of the City of Jasper, Georgia, for initial terms of two, four and six years, and thereafter for staggered terms of six years. At the time of election of the first members, the governing body of the municipality shall elect two members for a two year term, two members for a four year term, and three members for a six year term, and thereafter the terms of all members shall be six years. In the event a vacancy occurs for any reason, the Mayor and Council of the City of Jasper, Georgia, shall immediately elect a person to fill such vacancy for the unexpired term. A majority of the members shall constitute a quo rum, but no action may be taken by the Authority without the affirmative vote of a majority of a quorum present of the member ship of the Authority. The Authority shall have power to elect their own Chairman, Assistant Chairman and Secretary from its membership. No member of the governing body of the City of Jasper, Georgia, may be a member of said Authority and only residents of the City of Jasper, Georgia, shall be eligible members for said Authority.
"C. The power of the Authority shall include but not be limited to, the power:
1. To sue and be sued; to receive and administer gifts, grants and donations and administer trusts;
2. To borrow money, to issue notes and revenue bonds, to execute trust agreements or indentures, and to sell, convey, lease, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
3. To contract with the City of Jasper and with other political subdivisions of the State and with the State and with the United States Government or with any department or agency of either and with private persons and corporations.
4. To exercise any power granted by the laws of the State of Georgia to any public or private corporation performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia.
FRIDAY, FEBRUARY 18, 1966
2245
5. To encourage and promote the expansion and development of industrial and commercial facilities in the City of Jasper 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 said city suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, in cluding the demolition of existing structures, or through the acqui sition of an existing building and remodeling, renovating, recon struction, furnishing and equipping of such building.
6. No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date ox transfer or possession. The lessee or pur chaser shall be required to pay all cost of operating and maintain ing the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;
7. To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
8. To designate officers to sign and act for the Authority generally or in any specific manner;
9. To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated;
10. To appoint and select officers, agents and employees in cluding engineers, architects, builders and attorneys, and to fix their compensation;
11. To adopt, alter or repeal its own by-laws, rules and regu lations governing the manner in which its business may be trans acted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its busi-
"D. The City of Jasper, Georgia, by and through the govern ing body thereof, is hereby authorized and empowered to levy a tax on all taxable property therein not to exceed five (5) mills for the purpose of establishing a fund to be set aside, transferred to and used by said Authority for the general purposes of the Au thority as herein set out, including but without limitation, the use of monies derived from such tax levy to meet debt service require ments for any bonds issued by the Authority, and the City and
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the Authority are authorized to enter into contracts pertaining to same in accordance herewith and as authorized by Article VII, Section VI, Paragraph I of the Constitution.
"E. The property obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property obligations and interest on the obligations of the City of Jasper. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.
"P. 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, debentures and revenue bonds
for the purpose of paying all or any part of the cost of any project of the Authority; such revenue bonds shall be issued and validated under and in accordance' with the applicable provisions of the laws of Georgia, as though such bonds had originally been authorized to be issued under the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761), as amended. The judgment of validation shall be final, conclusive and forever incontestable as to the validity of the bonds and the security for the payment thereof, as well as all other matters, both substantive and procedural, relative to their issuance, and any property real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encum bered as security for any lawful debt of the Authority.
"G. The Authority shall not be empowered or authorized in any manner to create any debt, liability or or obligation against the State of Georgia, County of Pickens or City of Jasper, Georgia.
H. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of Jasper, Georgia, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said proper ty at that time.
"I. This amendment, being for the purpose of developing and promoting the public good and the welfare of the City of Jasper, Georgia, and its inhabitants, shall be liberally construed to effect the purposes hereof.
"J. The provisions of this amendment 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.
"K. Any project of the Authority shall be restricted to or within the city limits of Jasper, Georgia.
"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade
FRIDAY, FEBRUARY 18, 1966
2247
within the City of Jasper and reducing unemployment to the great est extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.
"M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first mem bers of the Authority shall take office within thirty (30) days after such proclamation.
"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the City of Jasper Industrial Development Author-
NO ( ) ity; to provide for powers, authority, funds, pur poses and procedure connected therewith; to provide for issuing revenue bonds and for the validation of such bonds?"
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:
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Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brantley Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Caldwell Carries Carr Gates Clark, J. T. Collins, J. F. Coiling, M. Conger Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Doster Drew Duncan Egan Elliott Etheridge Evensen Farrar Fleming Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier
Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Hill Hood Houston Howell Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Land Lane Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowry Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer
Paris Parker Parrish Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Rowland Russell Savage Sherman Shields Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Wigging Williams, G. J. Williams, W. M. Wood
FRIDAY, FEBRUARY 18, 1966
2249
Those not voting were Messrs.:
Bean Bowen Brackin Brown, C. Car ley Chandler Clarke, H. G. Colwell Conner Cook Cox Dorminy Floyd Gary
Hale Harrell Henderson Holder Howard Hull Irvin Jones, G. Paul Knight Lambert Lambros Lee, F. R. Leonard Maddox
McClatchey NeSmith, J. D. Nessmith, P. Odom Ross Rush Sims Smith, J. R. Underwood Ware Wilson, J. M. Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, the ayes were 163, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
SR 47. By Senator Yancey of the 33rd: A Resolution proposing an amendment to the Constitution so as to provide that the members of the Board of Education of Cobb County shall be elected in the same manner as county officers, and for other purposes.
The following committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the compensation of the members of the Board of Education of Cobb Coun ty; 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 striking from that paragraph of said Paragraph I which reads as follows:
"At the General Election in 1964 at which county officers are elected, the seven members of the County Board of Education shall be elected. The person from each district receiving the highest numbr of votes shall be the member of the Board from that district.
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The persons elected in 1964 shall take office January 1, 1965, for four-year terms and until their successors are elected and qualified. Successors to those members and all future members shall be elected at the same time each four years as county officers are elected,
and, likewise, shall take office on the first day of January immedi ately following their election and, likewise, shall serve for terms of four years and until their successors are elected and qualified. Each member of the Board shall be compensated in the amount of fifty ($50.00) dollars per month. At the first meeting held by the Board in each year, the members shall elect a Chairman and a
Vice-Chairman who shall serve for that year.",
the following sentence:
"Each member of the Board shall be compensated in the amount of fifty ($50.00) dollars per month.",
and substituting in lieu thereof the following:
"Each member of the Board of Education of Cobb County shall be compensated in the amount of two hundred dollars ($200.00) per month or such other sum as the General Assembly shall provide by law.",
so that when so amended said paragraph shall read as follows:
"At the General Election in 1964 at which county officers are elected, the seven members of the County Board of Education shall be elected. The person from each district receiving the highest number of votes shall be the member of the Board from that dis trict. The persons elected in 1964 shall take office January 1, 1965, for four-year terms and until their successors are elected and qualified. Successors to these members and all future members shall be elected at the same time each four years as county officers are elected, and, likewise, shall take office on the first day of January immediately following their elections and, likewise, shall serve for terms of four years and until their successors are elected and qualified. Each member of the Board of Education of Cobb County shall be compensated in the amount of two hundred dollars ($200.00) per month or such other sum as the General Assembly shall provide by law. At the first meeting held by the Board in each year, the members shall elect a Chairman and a Vice-Chair
man who shall serve for that year."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
FRIDAY, FEBRUARY 18, 1966
2251
"YES ( ) Shall the Constitution be amended so as to change the compensation of the members of the Board of
NO ( ) Education of Cobb 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 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, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brantley Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Caldwell Carnes Carr Gates Clark, J. T. Collins, J. F.
Collins, M. Conger Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Doster Drew Duncan Egan Elliott Etheridge Evensen Farrar Fleming Fulford Funk Gaissert Gaynor Gignilliat Grahl
Grier Hadaway Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Hill Hood Houston Howell Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Land Lane
Lee, W. J. (Bill)
2252
Lee, W. S. Levitas Lewis Longino Lovell Lovett Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford
JOURNAL OF THE HOUSE,
Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Rowland Russell Savage Sherman Shields Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker
Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wood
Those not voting were Messrs.:
Bean Bo wen Brackin Brown, C. Car ley Chandler Clarke, H. G. Colwell Conner Cook Cox Dorminy Floyd Gary
Hale Harrell Henderson Holder Howard Hull Irvin Jones, G. Paul Knight Lambert Lambros Lea, F. R. Leonard Maddox
McClatchey NeSmith, J. D. Nessmith, P. Odom Ross Rush Sims Smith, J. R. Underwood Ware Wilson, J. M. Wilson, R. W. Mr. Speaker
On the adoption of the Resolution, by substitute, the ayes were 163, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.
FRIDAY, FEBRUARY 18, 1966
2253
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 156-330. By Mr. Russell of the 92nd:
A Resolution authorizing the conveyance of a certain tract of Stateowned property in Thomas County to Wade E. Freeman; and for other purposes.
HB 61. By Mr. Watkins of the 9th:
A Bill to amend an Act creating County Commissioner of Roads and Revenues and an Advisory Board of Gilmer County, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes.
HB 62, By Mr. Watkins of the 9th:
A Bill to amend an Act creating the Office of Commissioner of Roads and Revenues of Pickens County, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes.
HB 211. By Mr. McClatchey of the 138th:
A Bill to amend the Act approved August 20, 1927 providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide that in determining pensions for total and permanent disability or death, fractional parts of years of service shall be counted; and for other purposes.
HB 212. By Mr. McClatchey of the 138th:
A Bill to amend the Act approved August 20, 1927 providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to repeal the provisions providing for a refund of contributions by members to such member or his beneficiary when such member shall be compelled to retire because of age or disability, or shall die; and for other purposes.
HB 213. By Mr. McClatchey of the 138th:
A Bill to amend the Act approved Aug. 20, 1927 providing that cities having a population of more than 150,000, shall furnish pensions to
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JOURNAL OF THE HOUSE,
officers and employees of such cities, so as to provide that fractional parts of service shall be counted in determining the pension of a ben eficiary of an employee who shall die while in active service; and for other purposes.
HB 214. By Mr. McClatchey of the 138th:
A Bill to amend the Act approved August 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to provide that fractional parts of years shall be counted in determining the pro rata pension when the officer or employee has become totally and permanently dis abled by result of injuries sustained in the line of duty at any time after 5 years' service; and for other purposes.
HB 318. By Mr. Hull of the 104th:
A Bill to amend an Act relating to incorporating the Trustees of the Masonic Hall in the City of Augusta, so as to enlarge the powers of the Trustees with respect to providing a Masonic Hall for the use of certain Masonic institutions; and for other purposes.
HB 708. By Messrs. Malone, Palmer, Carley and Vaughn of the 117th:
A Bill to amend an Act creating a new charter for the City of Chamblee, so as to change the date on which taxes are due; and for other purposes.
HB 341. By Messrs. Hawkins of the 139th, Dillon of the 128th, Hood of the 124th, Adams of the 125th and others:
A Bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education, so as to provide for refund of a portion of employees' contributions in certain cases; and for other purposes.
HB 541. By Messrs. Fleming and Simians of the 106th, Hull and Snellings of the 104th and others:
A Bill to amend Code Section 38-1501, relating to the attendance of witnesses and the fees thereof, so as to provide for the payment of fees to any member of any police force attending any court having a jurisdiction to enforce penal laws of this State; and for other purposes.
HB 568. By Mr. Cook of the 123rd, Mrs. Hamilton of the 137th; Messrs. Games of the 129th, Hood of the 124th and others:
A Bill to grant to municipalities of this State having a population of more than 300,000 certain basic powers, including certain powers to require the repair, closing or demolition of certain dwellings, buildings or structures; and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2255
HB 571. By Messrs. Longino of the 122nd, Cox of the 127th, Lea of the 126th, Hawkins of the 139th, Grier of the 132nd and others:
A Bill to amend an Act establishing a new charter for the City of College Park, relating to the election of the Mayor and Councilmen; and for other purposes.
HB 597. By Messrs. McClatchey of the 138th, Townsend of the 140th, Lea of the 126th, Games of the 129th and others:
A Bill to amend an Act providing for pensions for members of the Police Department in cities having a population of 150,000 or more, so as to provide that fractional parts of years shall be counted in de termining the number of years of service with respect to partial pen sions, pensions for total and permanent disability; and for other purposes.
HB 598. By Messrs. McClatchey of the 138th, Townsend of the 140th, Lea of the 126th, Games of the 129th, 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 popu lation of more than 150,000, so as to provide that fractional parts of years shall be counted in determining the number of years of service with respect to partial pensions, pensions for total and permanent dis ability; and for other purposes.
HB 622. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A Bill to amend an Act entitled "An Act to amend Code Chapter 91-8 pertaining to general provisions on inventory and sale of public prop erty . . .", so as to provide for the private sale, conveyance, transfer or other disposition of county property under certain conditions; and for other purposes.
HB 637. By Messrs. Etheridge of the 123rd, Lambros of the 130th, Dillon of the 128th, Carnes of the 129th and others:
A Bill to provide that in certain counties Judges Emeritus of any Court established in lieu of Justice Courts shall be entitled to office space and adequate secretarial assistance upon the request of such Judges Emeritus; and for other purposes.
HB 658. By Mr. Stovall of the 17th:
A Bill to amend an Act creating a board of commissioners of roads and revenues for Banks County, so as to provide that all purchases of supplies and materials for county purposes shall be purchased through a purchasing agent; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 672. By Messrs. Henderson and Wilson of the 102nd, Jordan of the 103rd, Howard of the 101st:
A Bill to amend an Act providing for the districting of Cobb County into fire prevention districts, so as to provide for the creation of a board of fire commissioners of each fire prevention district in Cobb County; and for other purposes.
HB 709. By Messrs. Games of the 129th, Adams of the 125th, Lambros of the 120th, Hawkins of the 139th, Lea of the 126th and others:
A Bill to provide in all counties having a population of 500,000 or more a method of payment to judges of the Superior Court Emeritus who are requested to serve in such counties; and for other purposes.
HB 722. By Messrs. Harris and Vaughan of the 14th:
A Bill to provide that the ordinary of certain counties shall receive a salary in lieu of any other system of compensation; and for other purposes.
HB 723. By Messrs. Lovett and Knight of the 60th:
A Bill to amend an Act creating a new charter for the City of Dublin, so as to increase the maximum millage which may be levied by the City of Dublin; and for other purposes.
HB 726. By Mr. Lambert of the 38th:
A Bill to amend an Act placing the clerk of the superior court, the sheriff, the ordinary, the tax collector and tax receiver of Morgan County upon an annual salary, so as to increase the compensation of the sheriff, the ordinary and the tax collector; and for other purposes.
HB 746. By Messrs. Harris and Smith of the 85th:
A Bill to amend an Act abolishing the fee system of the official court reporter of the Brunswick Judicial Circuit in felony cases and providing in lieu thereof a salary, so as to provide for an assistant official court reporter; and for other purposes.
HB 748. By Messrs. Howard of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A Bill to amend an Act creating a law library in certain counties, so as to increase the maximum fund authorized to be collected from court cases to establish such libraries; and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2257
HB 761. By Messrs. Dixon and Sweat of the 83rd:
A Bill to amend an Act creating a board of commissioners of roads and revenues of Ware County, so as to change the procedure relative to the publication of receipts and expenditures; and for other purposes.
HB 762. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st and Jordan of the 103rd:
A Bill to fix the compensation of the treasurers of all counties of this State having a population of not less than 100,000 nor more than 130,000; and for other purposes.
HB 763. By Mr. Steis of the 100th: A Bill creating a Small Claims Court in Harris County; and for other purposes.
HB 765. By Messrs. Dean and Moore of the 20th: A Bill to amend an Act incorporating the Town of Rockmart in the County of Polk, so as to change the date for holding elections for mayor and councilman; and for other purposes.
HB 768. By Messrs. Harris, Farrar, Walling and Levitas of the 118th, Malone, Palmer, Carley and Vaughn of the 117th:
A Bill to amend an Act fixing, prescribing and establishing compensa tion and/or salaries of the elective county officials of DeKalb County including the ordinary, clerk of the superior court, sheriff and tax com missioner, so as to adjust certain compensation and year; and for other purposes.
HB 770. By Mr. Williams of the 16th:
A Bill to amend an Act creating a Board of Comissioners of Roads and Revenues for Hall County, so as to provide for a five member Board; to provide for Commissioner Districts; and for other purposes.
HB 771. By Mr. Lovell of the 6th:
A Bill to provide for compensation for the Ordinary of White County; and for other purposes.
HB 773. By Mr. Murphy of the 26th:
A Bill to amend an Act creating a new charter for the City of Bremen so as to extend the corporate limits; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 774. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to amend an Act creating the City Court of Warner Eobins, so as to change the number of preemptory challenges allowed in criminal cases; and for other purposes.
HB 775. By Mr. Byrd of the 29th:
A Bill to amend an Act placing the compensating of the clerk of the superior court, the ordinary and coroner of Walton County on a salary basis in lieu of a fee system, so as to change the compensation of the clerk of the superior court and the ordinary; and for other purposes.
HB 776. By Mr. Byrd of the 28th:
A Bill to amend an Act creating the office of tax commissioner of Walton County, so as to change the compensation of the Tax Commis sioner; and for other purposes.
HB 778. By Mr. Lewis of the 50th:
A Bill to amend an Act establishing the City Court of Waynesboro, so as to change the terms of said court; and for other purposes.
HB 779. By Messrs. Overby, Williams and Wood of the 16th:
A Bill to amend an Act placing the sheriff, the clerk of the superior court and clerk of the city court and the ordinary of Hall County on an annual salary in lieu of the fee system, so as to change the compensa tion of the sheriff, the clerk of the superior court and clerk of the city court and the ordinary of Hall County; and for other purposes.
HB 780. By Messrs. Overby, Williams and Wood of the 16th:
A Bill to amend an Act consolidating the office of Tax Collector of Hall County and office of Tax Receiver of Hall County into the single office of Tax Commissioner of Hall County, so as to change the com pensation of the Tax Commissioner; and for other purposes.
HB 781. By Mr. Mixon of the 81st:
A Bill to amend an Act establishing a new charter for the City of Sycamore, so as to change and enlarge the corporate limits of said City; and for other purposes.
HB 782. By Mr. Mixon of the 81st:
A Bill to consolidate the office of tax receiver and tax collector of Irwin County into the office of tax commissioner; and for other pur poses.
FRIDAY, FEBRUARY 18, 1966
2259
HB 783. By Mr. Clark of the 2nd:
A Bill 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 creation of a Board of Utility Commissioners for the City of Ringgold; and for other purposes.
HB 784. By Messrs. Matthews and Bedgood of the 29th:
A Bill to amend an Act approved August 24, 1872 entitled "An Act to amend the charter of the Town of Athens", so as to empower the Mayor and Council of the City of Athens to formulate and adopt building codes, housing codes, etc.; and for other purposes.
HB 785. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th and others:
A Bill to amend an act abolishing Justice Courts and the office of the Justice of the Peace and Notary Public ex-officio Justice of the Peace and to establish and create in lieu thereof a Municipal Court in and for the City of Columbus and County of Muscogee, so as to change the compensation of the marshal of the Municipal Court of Columbus, Muscogee County; and for other purposes.
HB 787. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to amend an Act incorporating the City of Warner Robins, so as to establish a Civil Service Board for said city; and for other purposes.
HB 788. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to amend an Act incorporating the City of Centerville, so as to provide that a candidate must receive a majority of the votes to be elected to the office of mayor or councilmen; and for other purposes.
HB 789. By Messrs. Bennett, Barfield and Sullivan of the 95th:
A Bill to amend an Act establishing the City Court of Valdosta in and for the County of Lowndes, so as to change the compensation of the Solicitor of said Court; and for other purposes.
HR 321-724. By Mr. Clark of the 2nd:
A Resolution proposing an amendment to the Constitution so as to create the Catoosa County Development Authority; and for other purposes.
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HR 326-762. By Messrs. Dixon and Sweat of the 83rd:
A Resolution proposing an amendment to the Constitution so as to clarify the provisions relative to the filling of vacancies on the Board of Education of Ware County and the appointment of the County School Superintendent by the Board; and for other purposes.
HR 327-762. By Messrs. Henderson and Wilson of the 102nd, McDaniell and Howard of the 101st, and Jordan of the 103rd:
A Resolution proposing an amendment to the Constitution so as to authorize Cobb County to install, construct, extend, repair and improve sidewalks in the incorporated areas and unincorporated areas of Cobb County and to issue general obligation bonds in order to finance said projects; and for other purposes.
HB 25. By Mr. Pickard of the 112th:
A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to change the provisions relating to the cost for blood alcohol tests to determine whether or not a person was operating a motor vehicle while under the influence of intoxicating liquor; and for other purposes.
HB 113. By Messrs. Brinkley of the 112th, Bedgood of the 29th and others:
A Bill to amend Code Chap. 88-16, so as to provide that a test for phenylketonuria be administered to all infants; and for other purposes.
HB 140. By Mr. Murphy of the 26th:
A Bill to amend Sec. 105-2012 of the Code of Georgia of 1933, which section provides for the right of contribution among several trespassers, so as to provide for the right of contribution where the several tres passers are not jointly sued; and for other purposes.
HB 206. By Mr. Hull of the 104th:
A Bill to amend an Act relating to insurance, so as to delete the re quirements 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 321. By Messrs. Chandler and Harrington of the 47th and others:
A Bill to amend an Act providing for payment of the cost of care of persons admitted to state institutions coming under the control of the State Board of Health or Department of Public Health, so as to delete certain definitions; and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2261
HB 322. By Messrs. Jones of the 76th and Smith of the 114th:
A Bill to amend Code Title 109A known as the "Uniform Commercial Code", so as to provide definitions for the words "clearing corporation" and "custodian bank"; to provide for establishing means for accomplish ing appropriate delivery, transfer and pledge of investment securities within a Central Depository System; and for other purposes.
HB 326. By Messrs. Newton of the 94th, Marshall of the 39th and others:
A Bill to amend an Act known as the "Georgia Fertilizer Act of 1960", so as to provide for renewals of registration; and for other purposes.
HB 481. By Messrs. Vaughn of the 117th, Smith of the 54th and others:
A Bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to exempt the sale of tangible personal property and services to certain private schools from the taxes imposed by said Act; and for other purposes.
HB 500. By Messrs. Matthews of the 94th and Overby of the 16th:
A Bill to provide a supplemental appropriation of additional funds which are otherwise available to the Department of Labor for the purpose of providing suitable offices for use by the Employment Security Agency in the Department of Labor for the procurement of lands and business therefor; and for other purposes.
HB 566. By Messrs. Dailey of the 66th, Odom of the 79th and others:
A Bill to amend an Act which comprehensively and exhaustively revised, superseded and consolidated the laws relating to the State Board of Corrections and to prisons, so as to change the salary of the Director of Corrections; and for other purposes.
HB 691. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Bill to amend an Act providing appropriations for the State Govern ment for the fiscal year 1965-66 and the fiscal year 1966-67, so as to reduce the appropriation for the Governor's Emergency Fund; to in crease the appropriation for the State Board of Correction; and for other purposes.
HR 9-13. By Mr. Jones of the 109th:
A Resolution releasing certain property belonging to Ernest Geone, Jr. from all fi. fas.; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 47. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Bill to amend Code Sec. 92-3106, relating to personal exemptions and credits that may be deducted from net income in determining State income taxes, so as to allow a personal exemption of $1200 for each son, stepson, daughter, stepdaughter, or ward of the taxpayer if such dependent is a student; and for other purposes.
HB 133. By Messrs. Howard of the 101st, Abney, Hale and Snow of the 1st and others:
A Bill to amend Code Sec. 30-209, to provide that alimony payments to the wife shall cease on her remarriage; and for other purposes.
HB 154. By Messrs. Barber of the 24th, Harris of the 118th and others: A Bill to create the "Commission on the Status of Women"; and for other purposes.
HB 165. By Messrs. Barber of the 24th and Harris of the 118th: A Bill to provide for the distribution of property when there is no sufficient evidence that persons have died otherwise than simultaneously; and for other purposes.
HB 166. By Mr. McClatchey of the 138th:
A Bill to amend an Act known as the Georgia Insurance Code, so as to provide authority for the establishment of separate investment accounts to 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.
HB 300. By Mr. Matthews of the 94th:
A Bill to amend Code Sec. 34-1317, relating to assistance to electors when voting and the number of electors a person shall assist in any primary or election, so as to change the number of electors a person shall assist in any primary or election; and for other purposes.
HB 303. By Messrs. Smith of the 90th, Hale of the 1st and others:
A Bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to remove as one of the requirements for an exemption of the tax on machinery used in the manufacture of tangible personal property in certain plants that the installation of such machinery must result in a substantial increase in the employment of the plant; and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2263
HB 749. By Messrs. Howard and McDaniell of the 101st and others:
A Bill consolidating the office of tax collector and tax receiver of Cobb County, so as to change the compensation of the tax commissioner and the chief clerk of the tax commissioner; and for other purposes.
HB 750. By Messrs. Howard and McDaniell of the 101st:
A Bill to amend an Act creating the Cobb Judicial Circuit, so as to change the compensation which the judges receive from Cobb County; and for other purposes.
HB 751. By Messrs. Howard and McDaniell of the 101st and others:
A Bill to amend an Act changing the compensation of the clerk of the Superior Court, the sheriff and the ordinary of Cobb County, so as to change the compensation of the sheriff, chief deputy sheriff, the deputy sheriffs, chief investigator-sheriff's office, clerk and deputy clerk of the superior court; and for other purposes.
HB 754. By Messrs. Sherman and DeLong of the 105th and others:
A Bill to amend an Act providing a permanent county employees' pension fund for permanent employees of the Board of Commissioners of Roads and Revenues for Richmond County, so as to provide for certain optional additional benefits; and for other purposes.
HB 760. By Messrs. Dixon and Sweat of the 83rd:
A Bill to amend an Act placing certain officers of Ware County on a salary system, so as to authorize the governing authority to allow the tax collector to receive commissions for collecting the taxes in excess of a certain percentage of the total taxes due; and for other purposes.
HB 731. By Messrs. Higginbotham, Westlake, Evensen and Bean of the 119th and others:
A Bill to amend an Act providing for a pension and retirement system for the officers and employees of certain cities, so as to change certain of the provisions relating to the eligibility of persons receiving benefits under such Act to be reemployed or reappointed to any position in the government of such cities; and for other purposes.
HR 26-44. By Mr. Lovell of the 6th: A Resolution compensating Mr. Willard York; and for other purposes.
HR 96-165. By Mr. Reaves of the 99th: A Resolution compensating J. A. Jarvis; and for other purposes.
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JOURNAL OP THE HOUSE,
HR 171-383. By Messrs. Chandler and Harrington of the 47th: A Resolution to compensate Reverend James L. Travis; and for other purposes.
HR 214-454. By Mr. Houston of the 84th: A Resolution compensating Mr. L. L. Rhoden, Jr., and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to-wit:
HB 106. By Mr. Egan of the 141st:
A Bill to amend Code Sec. 113-602, relating to the probate of a will in solemn form, as amended, so as to provide that the probate of a will in solemn form shall be conclusive as to heirs at law not effectively notified; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to-wit:
HB 77. By Messrs. Harris of the 118th, Smith of the 90th and others:
A Bill to amend Code Sec. 92-1404, relating to the distribution of funds to counties for the construction and maintenance of public roads, so as to provide for the submission of an annual audit from each county to the State Auditor; and for other purposes.
HB 13. By Messrs. Lambros of the 130th, Dillon of the 128th, Hood of the 124th and others:
A Bill to establish a Municipal Court of the City of Atlanta, so as to provide for a standard and uniform cost Bill; and for other purposes.
HB 290. By Messrs. Minge, Lowrey and Starnes of the 13th:
A Bill to amend an Act relating to the judges of the superior courts, providing that any judge may request any judge emeritus to serve and preside in the superior court of any county in the judicial circuit of judge making said request; and for other purposes.
HB 320. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th and others:
A Bill to fix the salary of the judge of the juvenile court in certain counties; and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2265
HB 339. By Messrs. Hawkins of the 139th, Hood of the 124th and others:
A Bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education", so as to increase the amount of dependent benefits from 50% to 60% and for other purposes.
HB 617. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th and others: A Bill to amend an Act providing a salary for the office court reporter of the Stone Mountain Judicial Circuit, so as to increase the com pensation of the official court reporter; and for other purposes.
HB 633. By Mr. Jordan of the 78th: A Bill to abolish the present method of compensating the sheriff of Baker County, known as the fee system; and for other purposes.
HB 694. By Messrs. Malone, Carley and Vaughn of the 117th and others:
A Bill to amend an Act creating a board of commissioners of roads and revenues for DeKalb County, so as to increase compensation of the chairman and members of said board; and for other purposes.
HB 122. By Messrs. Brinkley and Jones of the 112th:
A Bill to amend an Act providing that no judgment, decree, or order of any court shall affect the title to real property until said judgment, decree, or order is recorded, so as to provide that the provisions of this Act shall also apply to writ of fieri facias handed down pursuant to any such judgment; and for other purposes.
HB 712. By Mr. Jones of the 76th:
A Bill to amend an Act known as the "Revenue Tax Act to Legalize Control Alcoholic Beverages and Liquors", so as to authorize the sale of distilled spirits or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to-wit:
HB 766. By Mr. Barber of Jackson:
A Bill incorporating the City of Jefferson, so as to provide for annexa tion and provide for a referendum; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 215. By Mr. McClatchey of the 138th:
A Bill to amend the Act approved Aug. 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to repeal the provisions providing that no person shall be granted any pension for disability until such person has been in the employment of the city for a period of 15 years; and for other purposes.
HB 603. By Messrs. Farrar, Levitas, Walling and Harris of the 118th and others:
A Bill to amend an Act providing for the appointment of Assistant Solicitors General of the Stone Mountain Judicial Circuit, so as to provide for the appointment of Assistants to the Solicitor General of the Stone Mountain Judicial Circuit; and for other purposes.
HB 732. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A Bill to amend an Act approved Feb. 24, 1874, incorporating the City of Dalton, so as to provide a comprehensive and unified pension plan for certain officer, firemen, policemen, employees of the Mayor and Council, and the various departments hereof; and for other purposes.
HB 759. By Messrs. Malone and Palmer of the 117th and others:
A Bill to amend an Act authorizing the establishment of a merit system in DeKalb County for employees and the creation of a Merit System Council so as to increase the membership of said Council from 3 to 5 members; and for other purposes.
HB 664. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966 and for the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the operation of the agency of the State provided for herein; and for other purposes.
I am instructed by the Senate to request the House of Representatives to reestablish the following Bill of the House for the Senate:
HB 95. By Mr. Carnes of the 129th:
A Bill to amend an Act authorizing the Commissioners of Roads and Revenues of Fulton County to provide group insurance for all regular county employees, so as to change the provisions relative to the payment of premiums; and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2267
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to-wit:
HB 219. By Mr. Steis of the 100th:
A Bill to amend Code Sec. 84-409, relating to the qualifications and requirements prescribed prior to issuing a master barber's certificate of registration, so as to change the qualifications and requirements an applicant must meet prior to receiving a master barber's certificate of registration; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to-wit:
HB 220. By Mr. Palmer of the 117th:
A Bill to amend Code Chap. 88-19 constituting a part of the Georgia Health Code, relating to regulations of hospitals and related institutions, so as to provide that any person, hospital or other organization may provide information or other data relating to the condition and treat ment of any person to research groups; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to-wit:
HB 478. A Bill to amend Code Sec. 47-107, relating to the per diem and mileage of members of the General Assembly so as to provide for an annual salary, expense and mileage for members of the General Assembly; and for other purposes.
The Senate has adopted as amended by the requisite constitutional majority the following Resolution of the House to-wit:
HR 297-698. A Resolution to establish a Metropolitan Area Water Quality Control Commission to study the desirability and feasibility of con solidating the efforts and management of the several Water Pollution Control Operations in the area; and for other purposes.
The Senate has adopted by substitute by the requisite constitutional majority the following Resolution of the House to-wit:
HR 298-698. By Mr. Harris of the 118th:
A Resolution proposing an amendment to Article VII, Section IV, of the Constitution changing the provisions relating to the powers of
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JOURNAL OF THE HOUSE,
County governments, adopted at the 1965 Regular Session of the General Assembly, so as to provide that the powers and authority granted by said amendment shall be cumulative of the existing powers and authority granted counties and for other purposes.
The Senate agrees to the House amendment to the following Bill of the Senate:
SB 127. By Senator Yancey of the 33rd, Kilpatrick of the 44th and Edenfield of the 44th:
A Bill to provide that the judge or judges of every court of this State having jurisdiction of the violation of traffic laws or traffic ordinances, which violations occur outside corporate limits of municipalities, may provide by written order for the establishment of a Traffic Violations Bureau; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following Bill of the House:
HB 68. By Messrs. Steis of the 100th, Jones of the 76th and others:
A Bill to amend an Act relating to Supreme Court and Judges of Court of Appeals, so as to change the salaries of the Justices of the Supreme Court and Judges of the Court of Appeals; and for other purposes.
The Senate has disagreed to the House substitute to the following Bill of the Senate and respectfully asks a Committee of Conference be appointed:
SB 1. By Senator Webb of the llth:
A Bill to provide that the holding, owning, having in possession of or paying tax for a wagering occupational tax stamp or a coin operated gambling device tax stamp issued by the Internal Revenue authorities of the United States shall be prima facie evidence in all the courts of this State against the person holding such stamp in any prosecution of the gambling laws of this State; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Webb of the llth, Johnson of the 42nd and Yancey of the 33rd.
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to-wit:
FRIDAY, FEBRUARY 18, 1966
2269
HB 126. By Messrs. Johnson of the 40th, Mitchell of the 3rd and others:
A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to require certain motor vehicles employed by the Department of Public Safety for the purpose of traffic enforcement to be marked and equipped with certain uniform fixtures^ and for other purposes.
The Senate disagrees to the House amendment to the following Bill of the Senate and respectfully asks that a Committee of Conference be appointed:
SB 19. By Senators Thompson of the 34th:
A Bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" to provide for taxing on alcoholic beverages in municipalities; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Thompson of the 34th, Johnson of the 42nd and Eldridge of the 7th:
The Senate agrees to the House amendment to the following Bill of the Senate:
SB 171. By Senators Johnson of the 52nd, Miller of the 43rd and others: A Bill to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243), by repealing certain provisions therein with respect to the Interim Study Commission and the holding of referenda; and for other purposes.
The Senate agrees to the House substitute to the following Bill of the Senate:
SB 45. By Senator Kendrick of the 32nd: A Bill to amend Code Sec. 32-904, relating to the compensation of members of county boards of education, as amended, so as to change the compensation of board members; and for other purposes.
The Senate has disagreed to the House amendment to the following Bill of the Senate and respectfully asks that a Committee of Conference be appointed:
SB 182. By Senators Plunkett of the 30th, Coggin of the 35th and others: A Bill to provide for a method, in addition to existing methods, for the annexation of contiguous territory to incorporated municipalities upon
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JOURNAL OF THE HOUSE,
the application of not less than 60% of the owners representing at least 60% of the land area included in such application; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Smith of the 18th, Plunkett of the 30th and Coggin of the 35th.
The Senate agrees to the House amendments to the following Bills of the Senate:
SB 2. By Senator Bateman of the 27th:
A Bill to amend Code Sec. 59-112, relative to persons exempt from jury duty, as amended, so as to provide the persons who shall be entitled to exemption from all jury duty; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
SB 33. By Senators Broun of the 46th, Minish of the 48th and Kilpatrick of the 44th and others:
A Bill to create a State Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers, and Motor Vehicle Rebuilders; and for other purposes.
The Senate has agreed to the House Substitute to the following Bill of the Senate:
SB 14. By Senator Sanders of the 41st: A Bill to provide that any person who is 18 years of age or older and who is married may bind himself by contract as though said person were 21 years of age or older, and said contract shall be enforceable as though said person were 21 years of age or older; and for other purposes.
The Senate has agreed to the House Amendment to the following Bill of the Senate:
SB 130. By Senators Johnson of the 38th, Wesberry of the 37th and others: A Bill to amend Code Chap. 92-63, relating to compilation of tax returns and preparation of tax digests by tax receivers, so as to delete therefrom the requirement that names of colored taxpayers be separate; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate to-wit:
FRIDAY, FEBRUARY 18, 1966
2271
SR 125. By Senator Hall of the 52nd:
A Resolution urging the President of the United States to accept the invitation to appear at the annual meeting of the Rome-Floyd County Chamber of Commerce; 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 14. By Mr. Westlake of the 119th:
A Bill to amend an Act relating to the examination of applicants for certain licenses issued by the Insurance Commissioner, so as to allow certain applicants who have completed certain examinations to receive such licenses without the necessity of taking certain written examina tions; and for other purposes.
HB 32. By Mr. Jones of the 112th:
A Bill to provide that every parent having in custody and control over a minor child or children under the age of 17 shall be liable for the wilful and wanton acts of said minor resulting in injury or damage to the person or property, or both, of another; and for other purposes.
HB 53. By Mr. Richardson of the 116th:
A Bill 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.
HR 10-13. By Mr. Irvin of the llth: A Resolution to compensate Ed. Lonzo Smith; and for other purposes.
HR 56-91. By Mr. Carr of the 48th:
A Resolution to compensate the Washington County Sweet Potato Association; and for other purposes.
HB 105. By Mrs. Hamilton of the 137th, Messrs. Gates of the 123rd and others:
A Bill 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 Federalaid highway systems relocation expenses to eligible persons and busi nesses for the reasonable and necessary moving expenses caused by their displacement from real property acquired for such project; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 197. By Mr. Hale of the 1st:
A Bill to amend the Uniform Act Regulating Traffic on Highways, so as to re-define certain words and phrases; to provide that official traffic control devises are presumed to have been installed by lawful authority; to provide for lane control signal devices; and for other purposes.
HB 244. By Mr. Hull of the 104th:
A Bill to amend the Appellate Procedure Act of 1965, so as to redefine the rules relating to the necessity of filing motions for new trial and judgment notwithstanding the verdict; and for other purposes.
HR 282-607. By Mr. Jones of the 112th: A Resolution proposing an amendment to the Constitution so as to authorize any agency, board, department or other unit of the state government which may be the recipient of Federal funds to administer such funds, pursuant to the terms of the grant of such funds; and for other purposes.
HB 243. By Mr. Hull of the 104th: A Bill to revise comprehensively the laws relating to subpoenas and other like processes; and for other purposes.
HB 292. By Messrs. Newton of the 94th, Irvin of the llth and others: A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the minimum sum in determining1 the funds needed by local units of administration for maintenance, operation and sick leave expenses not otherwise provided in said Act; and for other purposes.
HB 302. By Messrs. Smith of the 90th, Hale of the 1st and others: A Bill to amend Sec. 92-1403 relating to the "Motor Fuel Tax Law" so as to provide for the levy of the tax on motor fuel, kerosene and fuels not commonly measured by the gallon; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bills of the House to-wit:
HB 247. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Bill to amend an Act creating a Department of Public Safety, so as to provide for the issuance of honorary drivers' licenses without cost to certain veterans of this State or certain servicemen of this State; and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2273
HB 273. By Mr. Overby of the 16th:
A Bill to amend Code Chapter 26-11, relating to condemnation and eminent domain, so as to provide a more efficient and certain method of service upon non-residents who own the property condemned; and for other purposes.
HB 752. By Messrs. Etheridge of the 123rd Gates of the 123rd and others:
A Bill to amend an Act making it unlawful for any person to employ a minor where alcoholic beverages of any kind are sold in counties having a population of more than 500,000; and for other purposes.
The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HB 525. By Messrs. Howard of the 101st, Henderson and Wilson of the 102nd:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of Marietta, and for other purposes.
The following Senate amendments were read:
Senator Yancey of the 33rd and Kendrick of 32nd amend HB 525 as follows:
By adding at the end of quoted Section 2E of Section 1 the following:
"TRACT NO. 20
All that tract or parcel of land lying and being in Land Lots 507 and 574, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at a point formed by the intersection of the north right-of-way of Morrell Road and the west right-of-way of the U. S. 41 Fourlane Highway; thence running south westerly along the north right-of-way of Morrell Road for a distance of 687.5 feet more or less to a point on the west right-of-way of Georgia Power Company Atkinson-Marietta 110 K. V. Power lines; thence southeast along the west right-of-way of said power line a distance of 31 feet more or less to a point on the south right-of-way of Morrell Road; thence north easterly along the south right-of-way of Morrell Road a distance of 682.5 feet more or less to the west right-of-way of U. S. 41 Fourlane Highway; thence northwesterly along the west right-of-way of U. S. 41 Fourlane Highway a distance of 30 feet to the point of beginning.
Property described above being that portion of the tract known as Morrell Road between west right-of-way of U. S. 41 Fourlane Highway and west right-of-way of Georgia Power Company Atkinson to Marietta 110 K. V. power line.
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JOURNAL OF THE HOUSE,
"TRACT NO. 21
All that tract or parcel of land lying and being in Land Lots 3, 4, 69, and 70 of the 17th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at a point on the west line of Land Lot 70, said point located 730.1 feet north of the southwest corner of said lot and running thence due East 50 feet to a point and corner; thence due South in a line parallel with the West boundary of said land lot a distance of 680.1 feet to a point and corner; thence due East a distance of 330 feet to a point and corner; thence due South a distance of 280 feet to a point and corner; thence South 89 degrees 29 minutes East a distance of 1200 feet to a point located in Chest nut Hill Road; thence South 53 degrees 22 minutes West 320 feet to a point; thence South 20 degrees 22 minutes West a distance of 260 feet to a point; thence South 28 degrees 22 minutes West 200 feet to a point; thence South 63 degrees 52 minutes West a distance of 320 feet to a point; thence South 50 degrees 32 minutes West a distance of 100 feet to a point; thence South 67 degrees 34 minutes West a distance of 250 feet to a point; thence due North to a point located 764 feet South of the North line of Land Lot 69; thence due West to a point 330 feet East of the West line of Land Lot 69; thence North 75 degrees 35 minutes West a distance of 268 feet to a point; thence North 45 degrees 21 minutes West a distance of 296 feet to a point; thence North 15 degrees 07 minutes West a distance of 292 feet to a point; thence due North a distance of 198 feet more or less to the North line of Land Lot 4; thence East a distance of 7.45 feet to a point; thence southeasterly and curving to the south on a radius of 161 feet for a distance of 96.6 feet to a point; thence continuing southeasterly and curving to the North on a radius of 211 feet for a distance of 126.6 feet to a point; thence East 7.45 feet to the East Boundary of Land Lot 4; thence continuing East for a distance of 5 feet; thence due North for a distance of 80 feet to a point; thence West a distance of 5 feet to a point located on the East boundary of Land Lot 3, said point being 15 feet North of the Southeast corner of said land lot; thence West a distance of 7.45 feet; thence westerly and northwesterly curving to the North, said curve being on a radius of 161 feet for a distance of 96.6 feet to a point; thence continuing northwesterly and curving to the South on a radius of 211 feet for a distance of 126.6 feet to a point, said point being located 80 feet North of the South line of Land Lot 3; thence due West for a distance of 250 feet to a point; thence due North for a distance of 597.6 feet to a point located on the South boundary of the property of James T. Manning; thence North 88 degrees 17 minutes East a distance of 468.55 feet to a point located on the West boundary of Land Lot 70; thence North along the West line of Land Lot 70 a distance of 32.3 feet to the point of beginning."
Senator Yancey of 33rd Moves to amend HB 525, Section 5B by inserting in the first sentence after the words "to create, build, operate and maintain" the words "or lease." Amends the second sentence of Section 5B by inserting after the words "including the rights to buy and sell" the words "or lease," so that the entire Section will read as follows:
FRIDAY, FEBRUARY 18, 1966
2275
"The Board of Lights and Waterworks of the City of Marietta, Georgia, is hereby authorized to create, build, operate and maintain or lease television, radio and receiving towers, equipment and sta tions for the purpose of receiving and transmitting radid and tele vision signals. The Board of Lights and Waterworks is hereby au thorized to make all contracts necessary and incidental to the op eration of the above service, including the right to buy and sell or lease all equipment necessary and incidental to the operation of said business, including cables, wire and any and all other technical and electronic devices necessary to maintain said service."
Mr. Howard of the 101st moved that the House agree to the Senate amend ments.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendments to HB 525 were agreed to.
HB 664. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966, and for the fiscal year ending June 30, 1967; and for other purposes.
The following Senate amendment was read:
The Committee on Appropriations moves to amend HB 664 by striking section 2 in its entirety and inserting in lieu thereof the following:
"All expenditures and appropriations made and authorized under this act shall be according to the objects and for the programs and activities as specified herein, provided, however, the director of the budget is authorized to make internal transfers within a budget unit between objects and programs subject to the condition that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds beyond the current biennium."
Mr. Harris of the 118th 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:
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Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Bagby Barber Barfield Bedgood Bennett Berry Blair Blalock Brantley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Games Carr Chandler Clark, J. T. Collins, M. Conger Cook Crowe Daugherty DeLong Dillon Dixon Dollar Drew Duncan Etheridge Farrar Funk Gaissert Gaynor Gignilliat Grahl Grier Hamilton Harrell Harrington Harris, J. R.
Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Holder Hood Hutchinson Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Lambert Lambros Land Lane Lee, W. S. Leonard Lewis Longino Lovett Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Mixon Moore, Don C. Moore, J. H. Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Paris
Parrish Phillips Pickard Powers Reid Richardson Roach Rowland Rush Savage Sherman Shields Sims Simkins Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughn, C. R. Walling Watkins Watson Webb Westlake Williams, G. J. Williams, W. M.
Voting in the negative was Mr. Dickinson.
Those not voting were Messrs.:
Anderson Bean
Black Bowen
Brackin Brinkley
Busbee Caldwell Carley Gates Clarke, H. G. Collins, J. F. Colwell Conner Cox Dailey Davis Dean Dorminy Doster Egan Elliott Evensen Fleming Floyd Fulford Gary Hadaway
FRIDAY, FEBRUARY 18, 1966
2277
Hale Harris, J. F. Hill Houston Howard Howell Hull Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jordan, W. H. Knight Lea, F. R. Lee, W. J. (Bill) Levitas Lovell Maddox Minge Mitchell Murphy NeSmith, J. D.
Nessmith, P. Newton, D. L. Parker Peterson Rainey Reaves Ross Russell Smith, A. B. Smith, G. L. II Smith, J. R. Thomas Vaughan, D. N. Ware Wells Wiggins Wilson, J. M. Wilson, R. W. Wood Mr. Speaker
On the motion to agree, the ayes were 133, nays 1.
The Senate amendment to HB 664 was agreed to.
HB 346. By Mr. Wilson of the 109th:
A Bill to be entitled an Act to amend Code Section 92-3106 so as to allow a personal exemption of $1200 for each dependent attending a school for the physically handicapped on a taxpayer's state income tax return, and for other purposes.
The following Senate amendment was read:
Senate Committee on Banking and Finance moves to amend HB 346 as follows:
By striking from the title the following: "attends a school for", and inserting in lieu thereof the following: "is".
By inserting in the title immediately before the phrase "to provide an effective date;" the following:
"to define physically handicapped or mentally retarded;".
By striking quoted subsection (m) of Section 1 in its entirety and substituting in lieu thereof a new subsection (m) of Section 1 to read as follows:
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"(m) Twelve hundred ($1,200.00) dollars exemption in lieu of the exemption provided for in subparagraph (d) above, for each dependent of the taxpayer who is under the age of 21, is physically handicapped or mentally retarded and is not a ward of the State. 'Physically handicapped' or 'mentally retarded' as used herein shall mean physically or mentally disabled to the extent that such de pendent is unable to attend public schools."
Mr. Harris of the 118th moved that the House agree to the Senate amendment. On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Bagby Barber Barfield Bean Bedgood Bennett Berry Blair Brantley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Carnes Gates Chandler Clarke, H. G. Clark, J. T. Collins, M. Conger Cook Crowe Dailey Daugherty Dean Dillon Dixon Dollar Doster Drew Duncan Egan
Etheridge Farrar Funk Gaissert Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Holder Hutchinson Irvin Johnson, A. S. Dr. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Land Lee, W. S. Leonard Lewis Longino Lovett Malone Marshall Matthews, C.
Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C.
Newton, A. S. Odom
Otwell Overby Pafford Palmer
Paris Parker Parrish Phillips Powers Reaves Roach Rowland
Rush Savage Sherman Shields Sims Smith, A. B. Smith, V. T. Smith, W. L.
Snow Spikes Spillers Stalnaker Starnes
Steis
FRIDAY, FEBRUARY 18, 1966
2279
Stewart Story Stovall Sullivan Sweat Taylor Thompson, A. W.
Thompson, R. Tucker Tye Underwood Vaughn, C. R. Walling Watkins
Watson Webb Westlake Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs. :
Anderson Black Blalock Bowen Brackin Brinkley Busbee Caldwell Carley Carr Collins, J. F. Colwell Conner Cox Davis DeLong Dickinson Dorminy Elliott Evensen Fleming Floyd Fulford Gary
Gaynor Hale Harris, J. F. Henderson Hill Hood Houston Howard Howell Hull Johnson, B. Jones, C. M. Jones, M. Knight Lane Lea, F. R. Lee, W. J. (Bill) Levitas Lovell Lowrey Maddox McClatchey Mitchell Moore, J. H.
Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Oglesby Peterson Pickard Rainey Reid Richardson Ross Russell Simkins Smith, G. L. II Smith, J. R. Snellings Thomas Townsend Vaughan, D. N. Ware Wells Wiggins Wilson, J. M. Mr. Speaker
On the motion to agree, the ayes were 132, nays 0.
The Senate amendment to HB 346 was agreed to.
HB 657. By Messrs. Barber of the 24th, Wiggins of the 32nd and others:
A Bill to be entitled an Act to provide for equal pay for both males and females for comparable work, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to provide for equal pay for both males and females for comparable work on jobs which have comparable require-
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JOURNAL OF THE HOUSE,
ments relating to skill, effort and responsibility; to provide for a declaration of policy; to define certain terms; to prohibit discrimination; to provide for the collection of unpaid wages and other relief; to provide for a statute of limitations; to provide for arbitration; to provide for the posting of this Act; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Declaration of Policy. The General Assembly of Georgia hereby declares that the practice of discriminating on the basis of sex by paying wages to employees of one sex at a lesser rate than the rate paid to employees of the opposite sex for comparable work on jobs which require the same, or essentially the same knowledge, skill, effort and responsibility unjustly discriminates against the person receiving the lesser rate; leads to low worker morale, high turnover and frequent labor unrest; discourages workers paid at the lesser wage rates from training for higher level jobs; curtails employment opportunities; de creases mobility of workers and increases labor costs; impairs pur chasing power and threatens the maintenance of an adequate standard of living by such workers and their families; prevents optimum utiliza tion of the labor resources available to the State; threatens the wellbeing of citizens of this State and adversely affects the general welfare. It is hereby declared to be the policy of the State of Georgia through the exercise of the police power of this State to correct and, as rapidly as possible, to eliminate discriminatory wage practices based on sex.
Section 2. Definitions. As used in this Act, unless the context or subject matter clearly requires otherwise, the following terms shall have the following meaning:
(a) "Employee" means any individual employed by an employer, other than domestic or agricultural employees, including individuals employed by the State or any of its political subdivisions including public bodies.
(b) "Employer" includes any person employing 10 or more employees and acting directly or indirectly in the interest of an employer in relation to an employee.
(c) "Wage rate" means all compensation for employment, in cluding payment in kind and amounts paid by employers for employee benefits.
(d) "Employ" includes to suffer or permit to work.
(e) "Occupation" includes any industry, trade, business or branch thereof, or any employment or class of employment.
(f) "Person" includes one or more individuals, partnerships, corporations, legal representatives, trustees, trustees in bankruptcy, or voluntary associations.
FRIDAY, FEBRUARY 18, 1966
2281
Section 3. Prohibition of Discrimination, (a) No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, be tween employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and re sponsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex: Provided, That an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee.
(b) It shall also be unlawful for any person to cause or attempt to cause an employer to discriminate against any employee in violation of the provisions of this Act.
Section 4. Collection of Unpaid Wages. Any employer who violates the provisions of Section 3 of this Act shall be liable to the employee affected in the amount of their unpaid wages. An action to recover such liability may be maintained in any court of competent jurisdiction by the aggrieved employee. The court in such action shall, in cases of violation in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee not to exceed 25% of the judgment to be paid by the defendant, and costs of the action.
Section 5. Statute of Limitations. Court action under this Act may be commenced no later than one year after the cause of action occurs.
Section 6. Arbitration.--In the event any dispute should arise be tween any employer and employee covered by the provisions of this Act in relation to any subject matter which is covered by the provisions of this Act, either of the parties shall have the right to request arbitra tion of the dispute. The party requesting arbitration shall file written notice of his request with the opposite party, either by registered or certified mail. Within thirty (30) days after receipt of such notice, the opposite party shall either accept or reject the arbitration offer. If the offer is accepted, the employer shall appoint and select one arbiter and the employee shall select and appoint one arbiter within ten (10) days after such acceptance. The arbiters so selected shall then select a county adjoining the county in which the business of the employer is located and in which the dispute arose, and the judge of the superior court or the senior judge thereof in terms of length of service on the bench of the judicial circuit in which such selected county shall be located shall appoint a third arbiter who shall act as the chairman of the arbitration committee. The arbitration committee shall meet at such time as shall be fixed by the chairman, and, after the giving of notice of the hearing thereof to the parties concerned and affording them an opportunity to appear and be heard on the matters in dispute, shall proceed to resolve all matters contained within the request for arbitra-
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tion. The decision of the arbitration committee shall be binding upon the parties affected, except that either party may appeal such decision to any court of competent jurisdiction within thirty (30) days from publication of the decision.
Section 7. Posting of Law. Every person subject to this Act shall keep an abstract or copy of this Act posted in a conspicuous place in or about the premises wherein any employee is employed. Employers shall be furnished copies or abstracts of this Act, by the State upon request without charge.
Section 8. Penalties. It shall be unlawful for any person to dis charge or in any other manner discriminate against any employee covered by the provisions of this Act because such employee has made a complaint to his employer, or any other person, or has instituted, or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceedings. Upon the conviction of any person for violating the provisions of this Section, he shall be punished by a fine of not more than one hundred dollars.
Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Barber of the 24th 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 Adams Alien Anderson Bagby Barber Barfield Bean Bedgood Berry Black Blair Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley
Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Conner Cook Crowe Dailey Daugherty Dean Dickinson Dillon Drew Duncan Egan Evensen Funk Gaissert Gaynor
Gignilliat Grahl Grier Hamilton Harrell Harrington Harris, J. F. Harrison Hawkins Henderson Herndon Higginbotham Holder Hood Howard Howell Hutchinson Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kiley
FRIDAY, FEBRUARY 18, 1966
2283
Knapp Lee, W. S. Lewis Lovell Lowrey Malone Marshall
Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge
Moore, Don C. Moore, J. H. Murphy NeSmith, J. D.
Nessmith, P. Newton, A. S. Newton, D. L. Odom
Oglesby Otwell Overby Pafford Palmer Parrish Phillips Powers Reaves Reid Roach Rowland Rush Savage Sherman Shields Sims
Snellings Snow Spikes Spillers Stalnaker Starnes Steis
Stewart Story Stovall Sullivan Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Ware Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Bennett Blalock Bowen Brackin Caldwell Collins, J. F. Collins, M. Colwell Conger Cox Davis DeLong Dixon Dollar Dorminy Doster Elliott Etheridge Farrar Fleming Floyd Fulford Gary
Hadaway Hale Harris, J. R. Harris, R. W. Hill Houston Hull Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Knight Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Leonard Levitas Longino Lovett Maddox
Mitchell Mixon Paris Parker Peterson Pickard Rainey Richardson
Ross Russell Simkins Smith, A. B. Smith, G. L. II
Smith, J. R. Smith, V. T. Smith, W. L.
Sweat Townsend Walling Wells Wilson, J. M. Mr. Speaker
On the motion to agree, the ayes were 134, nays 0.
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The Senate substitute to HB 657 was agreed to.
HB 13. By Messrs. Lambros of the 130th, Dillon of the 128th and others:
A Bill to be entitled an Act to amend an Act establishing a Municipal Court of the City of Atlanta so as to provide for a standard and uniform cost bill, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act approved August 20, 1913 (Ga. L. 1913, pp. 145-177 inclusive), establishing a Municipal Court of the City of Atlanta per authority of the amendment to Paragraph 1 of Section 7 of Article 6 of the Constitution of the State of Georgia ratified October 2, 1912, relating to the abolition of justice courts and the office of justice of the peace and of notary public ex-officio Justice of the Peace in the City of Atlanta, and all Acts amendatory thereto, by repealing Section Fourty-Four (44) of said Act providing for a cost deposit in the sum of two ($2.00) dollars to be paid to the clerk by the party filing or commencing any proceeding in the said court, and further providing for a pauper's affidavit in lieu of said deposit and for the recovery back of said deposit under certain conditions; and inserting in lieu thereof a new section, to be known as Section Forty-Four (44), which shall provide for a cost deposit in various sums to be paid to the clerk by the party filing or commencing any proceeding in the said court, providing for a pauper's affidavit in lieu of said deposit, providing for the recovery back of the said deposit under certain con ditions, and providing for the payment of a subsidy for the publication of the calendars of the said court payable by the Commissioners of Roads and Revenues of Fulton County to the newspaper publishing legal notices for the Sheriff of Fulton County in the sum of three hundred fifty ($350.00) dollars per week for each week during which the said newspaper publishes the calendars of the said court; and by repealing Section Forty-Nine (49) of the said Act which provides for the cost which shall be charged and collected by the clerk and marshal of said court for their various respective functions, and inserting in lieu thereof a new section, to be known as Section Forty-Nine (49), which shall provide for a standard and uniform cost bill and for other purposes.
Be it and it is hereby enacted by the General Assembly of Georgia:
Section 1. That Section Forty-Four (44) of the Act approved August 20, 1913 (Ga. L. 1913, pp. 145-177 inclusive), and all Acts amendatory thereto, and especially Section 11 of an Act approved March 12, 1956 (Ga. L. 1956, p. 3281), be and the same are hereby repealed and stricken in their entirety, and a new section inserted in lieu thereof, to be known as Section Forty-Four (44), which shall become effective April 20, 1966, and to read as follows:
FRIDAY, FEBRUARY 18, 1966
2285
"Section 44. Be it further enacted by the authority aforesaid, that each party filing a suit or proceeding of any character, except a garnishment proceeding, in the Civil Court of Fulton County shall deposit with the clerk of said court at the time of filing or com mencing such proceeding the sum of six ($6.00) dollars plus two ($2.00) dollars for each defendant more than one, provided, however, where the principal amount involved is more than one hundred ($100.00) dollars the deposit shall be twelve ($12.00) dollars plus two ($2.00) for each defendant more than one. And each party filing a garnishment proceeding shall deposit with the clerk of said court at the time of filing or commencing the garnishment proceeding the sum of five ($5.00) dollars plus two ($2.00) dollars for each summons more than one, provided, however, where the principal amount involved is more than one hundred ($100.00) dollars the deposit shall be ten ($10.00) dollars plus two ($2.00) dollars for each summons more than one. Provided, however, that such aforesaid deposit shall not be required of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same, and provided, further, that if the party making such deposits finally prevails in such proceeding, the amount of deposit shall be taxed as part of the costs against the losing party, and, if recovered, shall be refunded to the party depositing the same, after all costs have been paid. And that, upon the tenth day of each succeeding month, the Board of Commissioners of Roads and Revenues of Fulton County shall pay over unto the publisher of the newspaper which publishes legal notices for the Sheriff of Fulton County a publication subsidy in the sum of three hundred fifty ($350.00) dollars per week for each week in which the said newspaper publishes the calendars of the said court during the preceding month, as compensation for the printing and publication of the said calendars."
Section 2. That Section Forty-Nine (49) of the Act approved August 20, 1913 (Ga. L. 1913, pp. 145-177 inclusive), and all Acts amendatory thereto and especially Section 14 of an Act approved March 12, 1956 (Ga. L. 1956, p. 3283), and the Act approved February 11, 1952 (Ga. L. 1952, p. 2300), be and the same are hereby repealed and stricken in their entirety, and a new section inserted in lieu thereof, to be known as Section Forty-Nine (49), which shall become effective April 20, 1966, and to read as follows:
"Section 49. Be it further enacted by the authority aforesaid, that costs shall be charged and collected by the clerk and marshal of said court as follows:
CLERK
Except as hereinafter provided, the total cost, including the first judgment and fi. fa., for all suits or proceedings of any character, except garnishment proceedings, irrespective of how they shall be terminated, shall be six ($6.00) dollars plus two ($2.00) dollars for each defendant more than one, provided, however, where the principal amount involved is more than one hundred ($100.00) dollars the cost shall be twelve ($12.00) dollars plus two ($2.00)
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dollars for each defendant more than one. The total cost, except as hereinafter provided, for a garnishment proceeding, irrespective of how it shall be terminated, shall be five ($5.00) dollars plus two ($2.00) dollars for each summons more than one, provided, however, where the principal amount involved is more than one hundred ($100.00) dollars the cost shall be ten ($10.00) dollars plus two ($2.00) dollars for each summons more than one. In addition to the foregoing costs, the clerk of said court shall charge and collect costs as follows:
For issuing scire facias each defendant including service $3.00
For each verdict rendered more than one and docketing same 1.00
For each judgment more than one and docketing same .______.. 3.00
For each motion for a new trial and docketing same ------ 1.00
For affidavit to obtain alias fi. fa. ---------------------------- 0.50
For taking and approving supersedeas bond------------.,,__-- 1.00
For answering each writ of certiorari ________________________________ 3.00
For filing and docketing each appeal to the Appellate Division, including filing all briefs ____________--_-____.___.....______ 3.00
For each motion for a judgment notwithstanding the verdict and docketing same _----_,,_____.__--_..._,,----.--.__...__ 1.00
For entering judgment or remittitur from Court of Appeals of Supreme Court ------------------------------ -- 3.00
For exemplifications of records, per hundred words _________ 0.15
For affidavit where no cause is pending ..--.---------------- 0.50
For certificate and seal of court ----____--__--_----_,,_------___ 1.00
For certified copy under Code Section 38-627 __________________________ 2.50
For filing and docketing each traverse to answer of garnishment including service ------------------__-------- 3.00
Provided, however, that the clerk shall not be required to file a traverse to answer of garnishment unless the cost is paid at the time of filing.
MARSHAL
For search and return of nulla bona, except in foreclosures and attachments _-_------_--__------.._.________._,,._ 1.00
For each arrest in civil case ------__---------------------------- 1.50 For each commitment in civil case and entering same--------- 1.00 For certified copy under Code Section 38-627 -------------- 2.50 For issuing each search warrant ---------------------------- 3.00 For executing search warrant ._.._--_----..._--------_---------- 3.50"
FRIDAY, FEBRUARY 18, 1966
2287
Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Lambros of the 130th moved that the House agree to the Senate sub stitute.
On the motion to agree, the ayes were 105, nays 0.
The Senate substitute to HB 13 was agreed to.
HB 290. By Messrs. Minge, Lowrey and Starnes of the 13th.
A Bill to be entitled an Act to amend an Act relating to judges of the superior courts, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act providing that any judge of the superior court of the State of Georgia 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 said request, approved March 5, 1962 (Ga. Laws 1962, p. 547), so as to provide that any judge of the superior court of the State of Georgia of any county in this State having a population of 500,000 or more according to the United States Decennial Census of 1960 or any future such census, may request any judge emeritus of the superior court of this State to serve and preside in the superior court of any county in the judicial circuit of the judge making said re quest; to provide that all judges emeritus of the superior courts shall be authorized and empowered to serve and preside in the superior courts of any such county when requested in writing by a superior court judge of any such county; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing that any judge of the superior court of the State of Georgia 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 said request, approved March 5, 1962 (Ga. Laws 1962, p. 547), is hereby amended by adding a new Section to be known as Section 1A to read as follows:
"Section 1A. Be it further enacted by the General Assembly of Georgia that any other provisions of this Act to the contrary
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notwithstanding, any judge of the superior court of any county in this State having a population of 500,000 or more according to the United States Decennial Census of 1960 or any future such census may request in writing any judge emeritus of the superior court of this State to serve and preside in the superior court of any such county of the judge making the request. The judge of the superior court thus requesting the services of a judge emeritus of the superior court shall specify therein the time, place and duration of such services and shall file a copy of said request or order in the office of the clerk of the superior court of the county in which such services are to be performed. Any judges emeritus of the superior court may serve in the superior courts when thus requested in accordance with said request, provided such judge emeritus deems that his services may be of assistance in the operation of said court. All judges emeritus of the superior courts are hereby authorized and empowered to serve and preside in the superior court of any such county when requested in writing by a superior court judge of any such county as herein provided, and while a judge emeritus of a superior court is thus serving and presiding in a superior court as herein provided, such judge emeritus shall discharge all of the duties and exercise all of the powers and authority of a judge of the superior court of such county."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Games of the 129th moved that the House agree to the Senate substitute.
On the motion to agree, the ayes were 105, nays 0.
The Senate substitute to HB 290 was agreed to.
HB 215. By Mr. McClatehey of the 138th:
A Bill to be entitled an Act to amend an Act furnishing pensions to employees of certain cities so as to repeal the provisions providing that no person shall be granted a pension for disability until such person has been in the employment of the city for 15 years, and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 215, as follows:
By adding in the title after the words "and to repeal examples of computations in conflict therewith;", and before the words "to repeal conflicting laws;" the following:
FRIDAY, FEBRUARY 18, 1966
2289
"to provide additional pension benefits; to provide for the extension of the time for making application for certain credits;".
By renumbering Section 2 as Section 3.
By adding a new section thereto to be known as Section 2, to read as follows:
"Section 2. By striking Section 2 of an Act approved April 8, 1965 (Ga. Laws 1965, p. 3399), which was an amendment to the Act set forth in the caption to this Act, and enacting in lieu thereof the following:
'Section 2. Any person entitled to the credits for service herein authorized shall make application for the credit within the period o19f 6t6i.m' "e from the date of the approval of this Act until June 15,
Mr. McClatchey of the 138th 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 215 was agreed to.
HB 320. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th and others: A Bill to be entitled an Act to fix the salary of the judge of the juvenile court in certain counties, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to provide for the compensation of the judge of the juvenile court in certain counties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The salary of the judge of the juvenile court in all counties of this State having a population of not less than 250,000 and not more than 500,000, according to the 1960 United States decennial census or any such future census, shall be fixed by the governing au thorities of such counties in an amount not to exceed $13,000.00 per annum, payable in equal monthly installments out of the funds of such counties. Beginning January 1, 1967, the salary of such judges shall be
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fixed by the governing authorities of such counties in an amount not to exceed $14,000.00 per annum, payable in equal monthly installments out of the funds of such counties.
Section 2. An Act fixing the salary of the judges of the juvenile courts of counties having a population of not less than 250,000 and not more than 350,000, according to the 1960 United States decennial census or any such future census, approved February 27, 1962 (Ga. Laws 1962, p. 2380), as amended by an Act approved March 10, 1964 (Ga. Laws 1964, p. 2596), is hereby repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Carley of the 117th moved that the House disagree to the Senate sub stitute.
The motion prevailed and the House disagreed to the Senate substitute to HB 320.
HB 712. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend an Act so as to authorize the sale of alcoholic beverages on the premises in certain counties and munici palities, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act which became effective without the signature of the Governor (Ga. Laws 1964, p. 771), so as to authorize the sale of distilled spirits or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act which became effective without the signature of the Governor (Ga. Laws 1964, p. 771), is hereby amended by adding a new section to be known as Section 30A to read as follows:
"Section 30A. Any provision of this or any other law to the contrary notwithstanding, the governing authority of every county
FRIDAY, FEBRUARY 18, 1966
2291
in the State of Georgia having a population of not less than 14,486 and not more than 14,540 according to the United States Decennial Census of 1960 or any such future census, and the governing au thority of every municipality within every such county, through proper resolution or ordinance, may authorize the issuance of licenses to sell distilled spirits or alcoholic beverages for beverage purposes by the drink, said sales to be for consumption only on the premises. Every such governing authority shall have full power and authority to adopt all reasonable rules and regulations govern ing the qualifications and criteria for the issuance of any such license and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this Section, included but not limited to the regulation of hours of business, types of employees, and other matters which may fall within the police powers of such counties and municipalities. Those persons who are duly licensed as whole salers under the provisions of this Act shall be authorized to sell distilled spirits at wholesale to any person or persons licensed as provided in this Section, and the person or persons so licensed under this Section shall be authorized to purchase such distilled spirits from a licensed wholesaler at wholesale."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Jones of the 76th moved that the House agree to the Senate substitute.
On the motion to agree, the ayes were 105, nays 0.
The Senate substitute to HB 712 was agreed to.
HB 134. By Messrs. Lane and Nessmith of the 64th and others:
A Bill to be entitled an Act to amend an Act relating to the creation of the office of solicitor-general emeritus, and for other purposes.
The following Senate amendment was read:
The Senate Retirement Committee moves to amend HB 134 as follows:
In Section 1 so that the quoted proviso to be added at the end of Section 9 of the Act being amended reads as follows:
"Provided further, however, that in computing years of service as a solicitor general for any purpose under this Act, any time served by a solicitor general as a judge of any city court from which appeals can be taken direct to the Court of Appeals of this State
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may be counted in computing the number of years of service re quired of any solicitor general if he shall pay into the retirement fund the maximum payment provided by this Act for each year of service actually served as such a judge, plus interest on each such payment at the rate of 6% per annum, such payment to be made within six months after the approval of this Act, or within six months after taking office as a solicitor general, whichever is later in point of time, except that any solicitor general claiming any credit for service as such a judge as authorized by this proviso shall not be entitled to any retirement benefits from the retirement fund under this Act until he has reached the age of 60 years, but this exception shall not otherwise affect the eligibility of such solicitor general to become solicitor general emeritus prior to reach ing the age of 60."
Mr. Lane of the 64th moved that the House disagree to the Senate amendment.
The motion prevailed and the House disagreed to the Senate amendment to HB 134.
HB 122. By Messrs. Brinkley and Jones of the 112th: A Bill to be entitled an Act to amend an Act providing that no judgment of any court shall affect the title to real property until said judgment is recorded, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act providing that no judgment, decree, or order of any superior court, county court, city court, justice court, municipal court, or any United States court shall affect the title to real property until said judgment, decree, or order is recorded, ap proved March 25, 1958 (Ga. Laws 1958, p. 379), so as to provide that the provisions of this Act shall also apply to any writ of fieri facias issued pursuant to any such judgment, decree, or order; to provide definitions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing that no judgment, decree, or order of any superior court, county court, city court, justice court, municipal court, or any United States court shall affect the title to real property until said judgment, decree, or order is recorded, approved March 25, 1958 (Ga. Laws 1958, p. 379), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
FRIDAY, FEBRUARY 18, 1966
2293
"Section 1. No judgment, decree, or order or any writ of fieri facias issued pursuant to any such judgment, decree, or order of any superior court, county court, city court, justice court, muni cipal court, or any United States court shall, in any way, affect or become a lien upon the title to real property until said judgment, decree, order or writ of fieri facias is recorded in the office of the clerk of the superior court of the county in which such real property is located, and is entered in the indexes to the applicable records in the office of such clerk. Such entries and recordings must be requested and paid for by the plaintiff or defendant, or their attorney-at-law."
Section 2. Said Act is further amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. Defintions.
*>
The term 'applicable records' shall include deed books, lis pendens dockets, federal tax lien dockets, general execution dockets and attachment dockets."
Section 3. Said Act is further amended by striking Section 3 in its entirety and by renumbering Sections 4, 5 and 6 as Sections 3, 4 and 5, respectively.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Brinkley of the 112th 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 Adams Alexander Alien Barber Barfield Bean Bedgood Bennett Berry Blair Brinkley Brown, C. Bryant Busbee Byrd
Carley Carries Carr Gates Clarke, H. G. Clark, J. T. Collins, M. Cook Crowe Daugherty Dean DeLong Dillon Dixon Dorminy Drew
Duncan Elliott Etheridge Evensen Farrar Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrington Harris, J. F.
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Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hood Houston Howell Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, G. Paul Jordan, Ben C. Kiley Knapp Lane Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lowrey Maddox Malone Matthews, C.
Mauldin McClatchey McCracken Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Oglesby Otwell Overby Pafford Palmer Parker Parrish Phillips Pickard Powers Reaves Reid Richardson Roach Ross Rush Russell
Savage Sherman Shields Sims Smith, A. B. Smith, G. L. II Smith, W. L. Snow Spikes Spillers Starnes Steis Story Sweat Taylor Thompson, A. W. Thompson, R. Townsend Tucker Tye Walling Ware Watkins Watson Webb Westlake Wilson, J. M. Wood
Those not voting were Messrs.:
Anderson Bagby Black Blalock
Bowen Brackin Brantley Brown, B. D. Brown, M. P. Caldwell Chandler Collins, J. P. Colwell Conger Conner Cox Dailey Davis Dickinson Dollar Doster Egan
Fleming Floyd
Fulford
Gary Harrell Harris, J. R. Hill Holder Howard
Hull Jones, C. M. Jones, M. Jordan, W. H. Knight Lambert Lambros
Land Lea, F. R. Levitas Lovett Marshall Matthews, D. R. McDaniell
Melton Mitchell NeSmith, J. D.
Newton, D. L. Odom Paris Peterson
Rainey Rowland Simkins Smith, J. R. Smith, V. T. Snellings
Stalnaker Stewart Stovall Sullivan Thomas Underwood Vaughan, D. N. Vaughn, C. R. Wells Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Mr. Speaker
FRIDAY, FEBRUARY 18, 1966
2295
On the motion to agree, the ayes were 132, nays 0.
The Senate substitute to HB 122 was agreed to.
HB 176. By Messrs. Moore of the 20th, Story of the 22nd and Parker of the 55th:
A Bill to be entitled an Act to amend an Act establishing a retirement system in the state public schools, 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 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 that the word "teacher" shall also include the director and any associate directors of the Georgia Educa tional Improvement Council; to change the limitation of employer con tributions of teachers' salaries as the same was limited because of cer tain retirement benefits or allowances; to provide that no funds shall be expended or paid for certain retirement benefits and allowances until the minimum floor of $5.00 for each year of service up to forty years for those members of the teachers' retirement system of Georgia who retired on or before July 1, 1961 has been implemented; to provide that if a member ceases to be a teacher other than by death or by retire ment under the teachers' retirement system of Georgia, the amount of his contributions to said system shall be payable to him upon his request after the date he is paid his last compensation as a teacher with certian interest if such member has five years or more membership service; to provide that any individual who upon becoming a member of the Employees' Retirement System of Georgia has credits with the Teacher's Retirement System of Georgia and all such credits are for service sub sequent to January 1, 1945, may have such credits transferred to the Employees' Retirement System of 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 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 Membership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for
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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 adding at the end of Subsection (5) of Section 1 the following:
"The word 'teacher' shall also include the director and any associate directors of the Georgia Educational Improvement Council and such Council shall pay the required employer matching funds.",
so that when so amended Subsection (5) of Section 1 shall read as follows:
"(5) 'Teacher' shall mean any person employed not less than half time in the public day schools as a classroom teacher, or in a clerical capacity, or in the supervision of the public schools, or any employee of the State Board of Education or the State Board of Vocational Education employed in a teaching or supervisory or clerical capacity, or any bona fide teacher or supervisor of teachers or clerical employee in any school operated by the State Department of Education, or any teacher or supervisor of teachers or clerical employees employed and paid by the Board of Regents of the University System of Georgia, and all personnel of the Agriculture Extension Service of the University of Georgia. The word 'teacher' shall also include school librarians, and administrative officials who supervise teachers, and shall include registrars of each unit of the University System and shall include secretary and treasurer of the Board of Regents. The Board of Trustees shall determine in doubtful cases whether any person is a teacher, as defined in this Act. In the event the Georgia Education Association and any full-time employee thereof, or the Georgia High School Association and any full-time employee thereof, or the Georgia Teacher Educa tion Association and any full-time employee thereof, or the Georgia School Boards Association and any full-time employee thereof request the Board of Trustees to permit the Association as employer and such employee to make contributions as herein defined to pro vide retirement benefits for such employee, the board may permit, such employee to come under the operation of this Act as a teacher but the State shall make no contributions on account of such em ployee. The word 'teacher' shall also include regional the county librarians who are compensated in whole or in part from State funds. Prior service of such librarians and other service for which such librarians have contributed to the Teachers' Retirement System of Georgia is hereby ratified, subject to the same laws and the same rules and regulations applicable to other members of the System. The word 'teacher' shall not be deemed to include any emergency or temporary employee. In the event that the Board of Regents of the University System of Georgia and any person employed by Radio Station WGST request the Board of Trustees to permit the Board of Regents as employer and such employee to make the contributions as herein defined to provide such retirement benefits for such employee, the Board of Trustees shall permit such employee to come under the operation of this Act as a 'teacher'; but no contribution of State funds shall be made on account of such employee, but rather an employer's contributions shall come from funds available for the operation of Radio Station WGST; provided that any employee qualifying as a 'teacher', under the
FRIDAY, FEBRUARY 18, 1966
2297
terms of this sentence shall not be entitled to any prior service credit for service rendered prior to being included in the system. In addition to the foregoing, 'teacher' shall also include any person employed and paid by the Board of Regents of the University System of Georgia, not less than half time, with the exception of emergency or temporary employees and with the exception of maintenance and custodial employees, and the Board of Trustees shall determine whether any particular employee is a maintenance or custodial employee; provided, that any employee qualified as a 'teacher' under the terms of this sentence, shall not be entitled to any prior service credit for service rendered prior to being included in the system. The word 'teacher' shall also include the director and any associate directors of the Georgia Educational Improvement Council and such Council shall pay the required employer matching funds."
Section 2. Said Act is further amended by striking Section 5 (2) (c) in its entirety and inserting in lieu thereof a new Section 5 (2) (c) to read as follows:
"In the case of the retirement of any member prior to his at tainment 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. Any retirement benefits or allow ances provided or authorized by this Act shall not increase the employer contributions beyond the percentage rate of 8.50% of teachers' salaries. No funds shall be expended or paid as provided in this subsection until such time as the provisions of an amenda tory Act approved March 6, 1962 (Ga. Laws 1962, p. 666), as amended by a subsequent amendatory Act approved April 17, 1963 (Ga. Laws 1963, p. 656), relative to providing a minimum floor of $5.00 for each year of service up to forty years for those members of the teachers' retirement system of Georgia who retired on or before July 1, 1961, has been implemented to at least such $5.00 amount."
Section 3. Said Act is further amended by striking from Subsection (7) of Section 5, after the words "his request" and before the words "the date" the words ", sixty days from" and inserting in lieu thereof the word "after", so that when so amended Subsection (7) of Section
5 shall read as follows:
"(7) If a member ceases to be a teacher other than by death or by retirement under this retirement system, the amount of his contributions to this retirement system shall be payable to him upon his request after the date he is paid his last compensation as a teacher, with no interest credits thereon if he has less than five years of membership service or with three-quarters of the regular interest credited thereon to the time he ceases to be a member, if he has five or more years but less than 15 years of membership service, or with the full regular interest thereon to the time he ceases to be a member if he has 15 years or more membership
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service. If a member dies, the amount of his accumulated contribu tions, with interest credits thereon, according to his length of service as in this subsection specified, shall be paid to the person, if any, nominated by him by written designation duly executed and filed with the Board of Trustees; otherwise to the member's estate."
Section 4. Said Act is further amended by striking Subsection (c) of Section 9A in its entirety and inserting in lieu thereof a new Subsection (c) to read as follows:
"(c) Any other provisions of law to the contrary notwith standing, any individual, who upon becoming a member of the Employees Retirement System of Georgia has credits with the Teachers' Retirement System of Georgia and all such credits are for service subsequent to January 1, 1945, may have such credits transferred to the Employees Retirement System of Georgia."
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Story of the 22nd 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 Adams Alexander Alien Anderson Barber Barfield Bedgood Bennett Berry Black Blair Bowen Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Caldwell Carley Carr
Gates Chandler Collins, J. F. Colwell Conger Cook Crowe Dailey Daugherty Dean Dickinson Dillon Dixon Dollar Dorminy Duncan Elliott Fulford Gaynor Gignilliat Grahl Grier Hadaway
Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Herndon Higginbotham Hill Hood Houston Howard Ho well Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Lane
FRIDAY, FEBRUARY 18, 1966
2299
Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lowrey Maddox M alone Matthews, C. Mauldin McClatchey McCracken McDaniell Merritt Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Oglesby
Otwell Overby Pafford Palmer Paris Parker Parrish
Peterson Phillips Pickard Powers Rainey Reid Roach Ross Rush Savage Sherman Shields Sims Simkins Smith, G. L. II Spikes
Spillers Stalnaker Starnes Steis Story Sullivan
Sweat Taylor Thompson, A. W. Thompson, R.
Tye Underwood Vaughn, C. R. Walling Ware Watkins Watson Webb Wells Westlake Wiggins Williams, W. M. Wood
Those not voting were:
Bagby Bean Blalock Brantley Busbee Carnes Clarke, H. G. Clark, J. T. Collins, M. Conner Cox Davis DeLong Doster Drew Egan Etheridge Even sen Farrar Fleming Floyd Funk
Gaissert Gary Hale Harris, R. W. Hawkins Henderson Holder Hull Jones, C. M. Knapp Knight Lambert Lambros Land Leonard Lovett Marshall Matthews, D. R. Melton Minge Mitchell Nessmith, P.
Newton, D. L. Odom Reaves Richardson Rowland Russell Smith, A. B. Smith, J. R. Smith, V. T. Smith, W. L.
Snellings Snow Stewart Stovall Thomas Townsend Tucker Vaughan, D. N. Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the motion to agree, the ayes were 138, nays 0.
The Senate substitute to HB 176 was agreed to.
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HB 301. By Mr. Conger of the 89th:
A Bill to be entitled an Act to amend Code Title 13 so as to provide for the establishment of banking facilities as an extension of existing facilities, and for other purposes.
The following Senate amendment was read:
The Senate Banking and Finance Committee moves to amend HB 301 as follows:
By striking the word "constructed" as it appears in the last sentence of subsection (b) of Section 13-203.2, which section is quoted in Section 2 of said Bill and substituting in lieu thereof the word "considered".
Mr. Conger of the 89th moved that the House agree to the Senate amendment. On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bedgood Bennett Berry Black Blair Brackin Brinkley Brown, B. D. Bryant
Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G.
Clark, J. T. Collins, M. Colwell
Conger Crowe Dailey Daugherty Dean DeLong Dillon Dixon Dollar Drew Duncan Egan Fleming Fulford Funk Gary Gaynor
Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harrington
Harris, J. F. Harris, R. W. Harrison
Henderson Herndon Hill Holder Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H.
Kiley Lea, F. R. Lee, W. S. Levitas Lewis Longino Lovell Lowrey
Malone Matthews, C. Mauldin
McClatchey McCracken Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Oglesby Otwell Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard
FRIDAY, FEBRUARY 18, 1966
2301
Powers Reid Roach Rowland Rush Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Story
Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watson Webb Wells Westlake Williams, G. J. Williams, W. M. Wood
Those not voting were Messrs.:
Bean Blalock Bowen Brantley Brown, C. Brown, M. P. Busbee Collins, J. F. Conner Cook Cox Davis Dickinson Dorminy Doster Elliott Etheridge Evensen Farrar
Floyd Gaissert Harris, J. R. Hawkins Higginbotham Jordan, Ben C. Knapp Knight Lambert Lambros Land Lane Lee, W. J. (Bill)
Leonard Lovett Maddox Marshall Matthews, D. R. McDaniell
Melton Nessmith, P. Newton, D. L. Odom Overby Rainey Reaves Richardson Ross Russell Smith, A. B. Smith, J. R. Stewart Underwood Watkins Wigging Wilson, J. M. Wilson, R. W. Mr. Speaker
On the motion to agree, the ayes were 147, nays 0.
The Senate amendment to HB 301 was agreed to.
HB 603. By Messrs. Farrar, Levitas, Walling and Harris of the 118th and others:
A Bill to be entitled an Act to amend an Act so as to provide for the
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appointment of Assistants to the Solicitor General of the Stone Mountain Judicial Circuit, and for other purposes.
The following Senate amendment was read:
Senator Johnson of the 42nd moves to amend HB 603 as follows:
By striking the first sentence of quoted Section 2 of Section 1 which reads as follows:
"The Solicitor General of the Stone Mountain Judicial Circuit shall have the power to appoint four (4) Assistant Solicitors Gen eral.",
and inserting in lieu thereof a new sentence to read as follows:
"The Solicitor General of the Stone Mountain Judicial Circuit shall have the power to appoint three (3) Assistant Solicitors General at any time, and on or after January 1, 1967, said Solicitor General shall have the power to appoint an additional Assistant Solicitor General so that after said date, said Solicitor General shall have the authority to appoint a total of four (4) Assistant Solicitors General."
Mr. Farrar of the 118th 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 603 was agreed to.
HB 694. By Messrs. Malone, Carley and Vaughn of the 117th and others:
A Bill to be entitled an Act to amend an Act so as to increase the compensation of the Board of Commissioners of Roads and Revenues for DeKalb County, 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 commis sioners of roads and revenues for DeKalb County, approved March 8, 1956 (Ga. Laws 1956, p. 3237), as amended, particularly by an Act approved April 5, 1961 (Ga. Laws 1961, p. 3461), so as to change the provisions relating to the compensation of the chairman and members of the board of commissioners of roads and revenues; to repeal con flicting laws; and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2303
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a board of commissioners of roads and revenues for DeKalb County, approved March 8, 1956 (Ga. Laws 1956, p. 3237), as amended, particularly by an Act approved April 5, 1961 (Ga. Laws 1961, p. 3461), is hereby amended by striking Section 8 in its entirety and substituting in lieu thereof a new Section 8 to read as follows:
"Section 8. Compensation. Members of the commission herein created, other than the chairman, shall be paid as their entire compensation for services an amount not to exceed the sum of four thousand ($4,000.00) dollars per annum, to be paid in equal monthly installments out of the county treasury upon warrants drawn upon the county treasury. The exact amount of the compensation of the members of the commission shall be fixed by the commission within the maximum herein provided by a motion duly made and adopted by said commission. The chairman shall receive as his entire com pensation an amount not to exceed twenty thousand ($20,000.00) dollars per annum, which shall be paid in equal monthly install ments. The exact amount of the compensation of the chairman shall be fixed by the commission within the maximum herein pro vided upon a motion duly made and adopted by said commission. Not more than thirteen thousand five hundred ($13,500.00) dollars of said salary shall be paid out of the county treasury upon war rants drawn upon the county treasury as other warrants are drawn; not more than fifteen hundred ($1,500.00) dollars of said salary shall be paid from the receipts of the DeKalb County sewer system and shall constitute an administrative expense of said system; and not more than five thousand ($5,000.00) dollars of said salary shall be paid from the receipts of the DeKalb County waterworks system and such sums shall constitute an administrative expense of said system. The salary so fixed shall constitute the entire com pensation to which said chairman shall be entitled either as such chairman or as the administrator of the DeKalb County waterworks system. Members of the board of commissioners of roads and revenues, including the chairman, may be paid as an allowance for automobile and clerical expenses a sum not exceeding one hundred ($100.00) per month."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Malone of the 117th moved that the House agree to the Senate substitute.
On the motion to agree, the ayes were 105, nays 0.
The Senate substitute to HB 694 was agreed to.
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HE 759. By Messrs. Malone and Palmer of the 117th and others: A Bill to be entitled an Act to amend an Act so as to increase the membership of the DeKalb County Merit System Council, and for other purposes.
The following Senate amendment was read.
Senator Johnson of 42nd moves to amend HB 759 as follows:
By striking from the title the following:
", to repeal conflicting laws and for other purposes.", and inserting in lieu thereof the following:
"; to change the qualifications of the members of said Council; to repeal conflicting laws; and for other purposes."
By striking Section 1 in its entirety and inserting in lieu thereof the following:
"Section 1. That the Act approved March 6, 1956, authorizing the establishment of a merit system in DeKalb County for employees of DeKalb County and providing for the creation of a Merit System Council (Ga. Laws 1956, p. 3111, et. seq.) be, and the same is hereby amended by striking from sub-paragraph (a) of Section 2 thereof the words "three citizens" and inserting in lieu thereof the words "five citizens"; and by striking the word "freeholders" and inserting in lieu thereof the word "residents", so that said section when so amended shall read as follows:
'Section 2. (a) There is hereby authorized to be established by said governing authority of said county a merit system council composed of five citizens who are residents of DeKalb County of known interest in the improvement of public administration by impartial selection of qualified and efficient personnel.' "
Mr. Malone of the 117th 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 759 was agreed to.
HB 617. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th and others:
A Bill to be entitled an Act to amend an Act so as to increase the com pensation of the offiical court reporter of the Stone Mountain Judicial Circuit, and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2305
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act providing a salary for the official court reporter of the Stone Mountain Judicial Circuit, approved March 9, 1943 (Ga. Laws 1943, p. 1143), as amended, particularly by an Act approved March 10, 1964 (Ga. Laws 1964, p. 329), so as to change the provisions relating to the compensation of the official court reporter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a salary for the official court reporter of the Stone Mountain Judicial Circuit, approved March 9, 1943 (Ga. Laws 1943, p. 1143), as amended, particularly by an Act approved March 10, 1964 (Ga. Laws 1964, p. 329), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. From and after the passage of this Act the official court reporter of the Stone Mountain Judicial Circuit shall be paid a salary of not to exceed $7,700.00 per annum, which salary shall be paid monthly on the first day of each month. The exact amount of such salary, within the maximum provided for herein, shall be fixed by the governing authority of the counties paying the salary of said official court reporter."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed."
Mr. Malone of the 117th moved that the House agree to the Senate substitute.
On the motion to agree, the ayes were 105, nays 0.
The Senate substitute to HB 617 was agreed to.
HB 126. By Messrs. Johnson of the 40th, Mitchell of the 3rd and others:
A Bill to be entitled an Act to amend an Act so as to require certain motor vehicles employed by the Department of Public Safety be marked, and for other purposes.
The following Senate amendment was read:
The Senate Committee on Highways moves to amend HB 126 by adding immediately before the first quoted paragraph of Section 1 and immediately after the word "following" the word "paragraph".
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JOURNAL OP THE HOUSE,
Mr. Johnson of the 40th 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.
Adams Alexander Alien Anderson Barber Barfield Bean Bedgood Bennett Berry Black Blalock Brantley Brinkley Brown, B .D. Busbee Byrd Caldwell Carley Carnes Carr Gates Clarke, H. G. Clark, J. T. Crowe Dailey Daugherty Davis Dean DeLong Dillon Dixon Drew Duncan Elliott Etheridge Evensen Farrar Fleming Funk Gary Gaynor Gignilliat Grahl Hadaway Hamilton Harrell Harrington
Harris, J. F. Harris, J. R. Harrison Hawkins
Higginbotham Hill Holder Hood Houston Howell Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, W. H. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Leonard Lewis Longino
Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R.
Mauldin McClatchey McCracken Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Newton, A. S. Oglesby Otwell Overby Palmer Paris
Parker Parrish Peterson Phillips Powers Rainey Reaves Richardson Roach Ross Rowland Rush Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T.
Smith, W. L. Spikes Spillers Starnes Steis Story Stovall Sullivan Sweat
Taylor Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells
Westlake Williams, W. M. Wilson, R. W. Wood
FRIDAY, FEBRUARY 18, 1966
2307
Those not voting were Messrs.:
Abney Bagby Blair Bowen Brackin Brown, C. Brown, M. P. Bryant Chandler Collins, J. F. Collins, M. Colwell Conger Conner Cook Cox Dickinson Dollar Dorminy Doster Egan
Floyd Fulford Gaissert Grier Hale Harris, R. W. Henderson Herndon Howard Irvin Jones, G. Paul Jordan, Ben C. Knight Land Lane Levitas Lovett McDaniell Melton Merritt Minge
NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Pafford Pickard Reid Russell Smith, A. B. Smith, J. R. Snellings Snow Stalnaker Stewart Thomas Ware Wiggins Williams, G. J. Wilson, J. M. Mr. Speaker
On the motion to agree, the ayes were 142, nays 0.
The Senate amendment to HB 126 was agreed to.
HR 10-13. By Mr. Irvin of the llth: A Resolution to compensate Ed. Lonzo Smith, and for other purposes.
The following Senate amendments were read:
The Senate Appropriations Committee moves to amend HR 10-13 to delete the figure "$10,000" wherein same appears, and insert in lieu thereof the figure "4,625".
Senator Ballew of the 50th moves to amend the committee amend ment to HR 10-13 by striking therefrom wherever it appears the figure "$4,625.00" and inserting in lieu thereof the figure "$7,125.00".
Mr. Irvin of the llth 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:
2308
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Anderson Barber Barfield Bedgood Bennett Berry Blair Brackin Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Carr Chandler Clarke, H. G. Collins, J. P. Colwell Crowe Daugherty Dean DeLong Dickinson Dillon Dixon Doster Duncan Egan Etheridge Parrar Fleming Pulford Funk
Gaissert
Gary
Gaynor
Gignilliat
Grahl
Grier
Hadaway
Hamilton
Harrell
Harris, J. P.
Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Hood Houston Howard Howell Hull Hutchinson Irvin Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Land Lea, P. R. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Maddox M alone Marshall Matthews, C. Matthews, D. R. McCraeken McDaniell Merritt Minge Mixon
Moore, Don C.
Moore, J. H.
Murphy
NeSmith, J. D.
Newton, A. S.
Odom
Oglesby
Otwell
Overby
Pafford
Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reid Richardson Roach Ross Rowland Rush Sherman Sims Simkins Smith, A. B. Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watkins
Webb
Wells
Westlake
Wiggins
Williams, G. J.
Williams, W. M.
Wilson, J. M.
Wilson, R. W.
Wood
FRIDAY, FEBRUARY 18, 1966
2309
Those not voting were Messrs.:
Bagby Bean Black Blalock Bowen Brantley Brown, C. Gates Clark, J. T. Collins, M. Conger Conner Cook Cox Dailey Davis Dollar
Dorminy Drew Elliott Evensen Floyd Hale Harrington Holder Johnson, Dr. A. S. Johnson, B. Knight Lambros Lane Levitas Lovett Lowrey Mr.uldin
McClatchey Melton Mitchell Nessmith, P. Newton, D. L. Pickard Reaves Russell Savage Shields Smith, G. L. II Spillers Thompson, R. Townsend Ware Watson Mr. Speaker
On the motion to agree, the ayes were 153, nays 0.
The Senate amendments to HR 10-13 were agreed to.
HR 56-91. By Mr. Carr of the 48th:
A Resolution to compensate the Washington County Sweet Potato Asso ciation, and for other purposes.
The following Senate amendment was read:
The Senate Appropriations Committee moves to amend HR 56-91 By striking therefrom wherever the same shall appear the symbol and figure "$10,664.12" and substituting in lieu thereof "$9,468.20".
Mr. Carr of the 48th moved that the House agree to the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien
Anderson Barber Bedgood Berry
Black Blair Brackin Brinkley
2310
Brown, B. D. Brown, M. P. Bryant Busbee Caldwell Carley Games Carr Gates Chandler Clarke, H. G. Collins, J. F. Colwell Crowe Dailey Daugherty Dean DeLong Dickinson Dillon Dixon Drew Duncan Egan Etheridge Farrar Fleming Funk Gaissert Gary Gaynor Gignilliat Hadaway Hamilton Harrell Harris, J. F. Harris, J. R. Harrison Henderson Herndon Higginbotham Hill Hood Houston
JOURNAL OF THE HOUSE,
Howard Howell Hull Hutchinson Irvin Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Maddox Malone Matthews, C. Matthews, D. R. McCracken McDaniell Merritt Minge Moore, Don C. Murphy NeSmith, J. D. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reaves
Reid Richardson Roach Ross Rowland Rush Sherman Sims Simkins Smith, A. B. Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bagby Barfield Bean Bennett Blalock Bowen Brantley
Brown, C. Byrd Clark, J. T. Collins, M. Conger Conner Cook
Cox Davis Dollar Dorminy Doster Elliott Evensen
FRIDAY, FEBRUARY 18, 1966
2311
Floyd Fulford Grahl Grier Hale Harrington Harris, R. W. Hawkins Holder Johnson, Dr. A. S. Johnson, B. Knight
Lambros Lane
Leonard Levitas Lovett Lowrey Marshall Mauldin McClatchey Melton Mitehell Mixon Moore, J. H. Nessmith, P.
Newton, A. S. Newton, D. L.
Pickard Rainey Russell Savage Shields Smith, G. L. II Spillers Thompson, R. Townsend Ware Westlake Mr. Speaker
On the motion to agree, the ayes were 143, nays 0.
The Senate amendment to HR 56-91 was agreed to.
HB 732. By Messrs. Mitehell, Smith and Leonard of the 3rd:
A Bill to be entitled an Act to amend an Act so as to provide a pension plan for certain employees of the City of Dalton, and for other purposes.
The following Senate amendments were read:
Senator Fincher of the 54th moves to amend HB 732 as follows: By striking paragraph (f) section 2 in its entirety and inserting in lieu thereof a new paragraph (f) section 2 to read as follows:
(f) "Employee" shall mean all members of the fire depart ment, all members of the police department, employees of the Water, Light and Sinking Fund Commission of The City of Dalton, em ployees of the office of the city clerk's office, employees of the Recreation Commission of The City of Dalton, and all other persons employed by the Mayor and Council of The City of Dalton whose names are on the payrolls of the said Mayor and Council of The City of Dalton, the said Water, Light and Sinking Fund Commis sion, and the said Recreation Commission as of the effective date of the commencement of this plan, future members and employees thereof, but coverage is not extended to officers of the Mayor and Council of The City of Dalton, officers of the Water, Light and Sinking Fund Commission, officers of the Recreation Commission, and officers of the Civil Service Commission of The City of Dalton.
Senator Fineher of the 54th moves to amend HB 732 as follows: by inserting after the word "electing" and before the word "at" in Sec tion 9, paragraph A, the following words, "on or before July 1, 1967, or, "and also inserting in paragraph C, Section 9 after the word "elect ing" and before the word "at" the following words "on or before July 1, 1967, or."
2312
JOURNAL OF THE HOUSE,
Senator Fincher of the 54th moves to amend HB 732 as follows: By striking section 8 in its entirety and inserting in lieu thereof a new section 8 to read as follows:
Later Retirement.
Upon agreement of the Mayor and Council of the City of Dalton; or the Water, Light and Sinking Fund Commission, or the Recreation Commission; or the Civil Service Commission; and the participant, a participant may elect in lieu of the normal form of retirement to continue as an employee on a year to year basis beyond his normal retirement date up to the age of seventy (70) years. Payment of such participant's retirement pension will be deferred until his actual retirement date and will be the same amount as would have been paid at his normal retirement date.
Mr. Mitchell of the 3rd moved that the House agree to the Senate amend ments.
On the motion to agree, the ayes were 105, nays 0.
The Senate amendments to HB 732 were agreed to.
HB 219. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend Code Section 84-409 so as to change the requirements an applicant must meet prior to receiving a master barber's certificatie of registration, and for other purposes.
The following Senate amendment was read:
Senator Kendricks of 32nd, moves to amend HB 219 as follows:
By inserting in the title between the word "requirements" and the word "to" the following:
"to provide that residence requirements shall not apply to a student attending a barber school or college in this State"
By inserting in the first sentence of the language quoted as 84-409 in Section 1 of said Bill between the word "character" and the word "is" the following:
"has been a resident of the State of Georgia for at least 6 months," By adding at the end of the language quoted as 84-409 in Section 1 of said Bill the following:
FRIDAY, FEBRUARY 18, 1966
2313
"Notwithstanding any other provisions of this chapter, resi dence requirements shall not apply to a student attending a barber school or college in this State."
Mr. Pickard of the 112th moved that the House agree to the Senate amend ment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Barber Barfield Bennett Berry Black Blair Brackin Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carnes Clarke, H. G. Collins, J. F. Collins, M. Colwell Conger Crowe Dailey Davis DeLong Dickinson Dillon Dollar Dorminy Drew Duncan Elliott Evensen Farrar Fleming Fulford Gaissert Gary
Gaynor Gignilliat Grahl Hamilton Harrell Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Hill Hood Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, W. H. Knapp Knight Lambert Lambros Land Lea, F. R. Lee, W. S. Leonard Lewis Longino Lovell Marshall McCracken McDaniell Merritt Minge Moore, Don C.
Moore, J. H. NeSmith, J. D. Newton, A. S. Otwell Overby Pafford Palmer Paris Parrish Phillips Pickard Powers Rainey Reaves Reid Richardson Ross Rowland Rush Sherman Shields Sims Simkins Smith, V. T. Smith, W. L. Snellings Spikes Starnes Steis Stewart Story Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Tucker Vaughan, D. N. Vaughn, C. R. Walling
2314
Ware Watson Webb
JOURNAL OF THE HOUSE,
Westlake Wiggins Williams, G. J.
Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Anderson Bagby Bean Bedgood Blalock Bo wen Brantley Brown, M. P. Carley Carr Gates Chandler Clark, J. T. Conner Cook Cox Daugherty Dean Dixon Doster Egan Etheridge Ployd Funk
Grier Hadaway Hale Harrington Henderson Holder Houston Johnson, B. Jones, C. M. Jordan, Ben C. Kiley Lane Lee, W. S. (Bill) Levitas Lovett Lowrey Maddox Malone Matthews, C. Matthews, D. R. Mauldin McClatchey Melton Mitchell Mixon
Murphy Nessmith, P. Newton, D. L. Odom Oglesby Parker Peterson Roach Russell Savage Smith, A. B. Smith, G. L. II Smith, J. R. Snow Spillers Stalnaker Taylor Stovall Townsend Tye Underwood Watkins Wells Wilson, J. M. Mr. Speaker
On the motion to agree, the ayes were 129, nays 0.
The Senate amendment to HB 219 was agreed to.
HB 106. By Mr. Egan of the 141st:
A Bill to be entitled an Act to amend Code Section 113-602 relating to probate of a will in solemn form, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Section 113-602, relating to the probate of a will in solemn form, as amended, so as to provide that the probate of a will in solemn form shall be conclusive as to heirs at law not effectively notified; to amend Code Section 113-607, relating to the notice of motion to probate a will in solemn form, so as to pro-
FRIDAY, FEBRUARY 18, 1966
2315
vide that a minor eighteen years of age or over may acknowledge serv ice; to provide that a minor eighteen years of age or over, temporarily residing outside of the state, may be served by publication; 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 113-602, relating to the probate of a will in solemn form, as amended, is hereby amended by inserting at the end of the second sentence after the word "excutor" the following, "provided, however, as to heirs at law not effectively notified, probate in solemn form shall be conclusive as if probate had been in common form.", so that when so amended, Code Section 113-602 shall read as follows:
"113-602. Probate by the witnesses, or probate in solemn form is the proving of the will, after due notice to all the heirs at law, by all witnesses in life and within the jurisdiction, of the court, or by proof of their signatures and that of the testator, if the witnesses are dead, blind, incompetent or inaccessible, and the ordering to record of the will so proved. Such probate is conclusive upon a!! the parties notified, and all devisees and legatees under the will who are represented in the executor, provided, however, as to heirs at law not effectively notified, probate in solemn form shall be con clusive as if probate had been in common form. The petition to probate a will in solemn form shall be verified by the oath of the applicant, and shall set form the full name, place of domicile, the legal residence, the date of the death of the testator, the post office address of the petitioner, and the names, ages and addresses of the surviving spouse and of all the heirs at law, stating their relation ship to the testator, and in the event full particulars are lacking, the petition shall state the reasons for any such omission. Every such petition shall conclude with a prayer for the issuance of letters testamentary, and if all of the heirs at law are sui juris and shall acknowledge service of the petition and notice, and shall in such acknowledgment assent thereto, the will may be admitted to record on proper proof, and letters may thereupon issue without further delay whether in term or vacation."
Section 2. Code Section 113-607, relating to the notice of motion to probate a will in solemn form, is hereby amended by adding at the end thereof a new Subsection (g) to read as follows:
"(g). Minors eighteen years of age or over may acknowledge service. If service is not acknowledged by such a minor and he temporarily resides outside of this state, he may be served by publi cation, in accordance with the provisions of Subsection (a) of this Section."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Egan of the 141st moved that the House agree to the Senate substitute.
2316
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.
Adams Alexander Alien Barber Barfield Bean Bedgood Bennett Berry Black Blair Brinkley Brown, B. D. Bryant Byrd Carley Carnes Clarke, H. G. Colwell Cook Cox Crowe Dailey Daugherty Dean DeLong Dillon Dorminy Doster Drew Duncan Egan Elliott Etheridge Evensen Fulford Gaissert Gary Gaynor Gignilliat Grahl
Hadaway Hamilton Harrell Harris, J. F. Harrison Hawkins Herndon Higginbotham Hood Hutchinson Irvin Jones, G. Paul Jones, M. Kiley Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lowrey Malone Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Palmer
Parker Parrish Peterson Phillips Powers Rainey Reaves Richardson Roach Ross Rowland Rush Sherman Shields Sims Smith, J. R. Smith, W. L. Snellings Spikes Stalnaker Starnes Steis Stewart Story Sullivan Taylor Thomas Thompson, A. W. Thompson, R. Town send Tucker
Tye Vaughan, D. N. Ware Watkins Watson Webb Wells Williams, W. M. Wood
Those not voting were Messrs.:
Abney Anderson Bagby Blalock Bowen
Brackin Brantley Brown, C. Brown, M. P. Busbee
Caldwell Carr Gates Chandler Clark, J. T.
Collins, J. P.
Collins, M. Conger Conner Davis Dickinson Dixon Dollar
Farrar Fleming Floyd Funk Grier Hale
Harrington Harris, J. R. Harris, R. W. Henderson Hill Holder Houston
Howard Howell
FRIDAY, FEBRUARY 18, 1966
2317
Hull
Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Knapp Knight
Lambert Lane Leonard Levitas Lovett Maddox
Marshall McClatchey McDaniell Mitchell Murphy NeSmith, J. D. Nessmith, P.
Pafford Paris
Pickard
Reid Russell Savage Simkins Smith, A. B. Smith, G. L. II Smith, V. T.
Snow Spillers Stovall Sweat Underwood Vaughn, C. R.
Walling Westlake Wiggins Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the motion to agree, the ayes were 122, nays 0.
The Senate substitute to HB 106 was agreed to.
HB 53. By Mr. Richardson of the 116th: A Bill to be entitled an Act to provide that it shall be unlawful to possess any lottery ticket, and for other purposes.
The following Senate amendment was read: Yancey of the 33rd moves to amend HB 53 as follows: By striking in its entirety Section 2 and by renumbering Sections
3 and 4 as Sections 2 and 3.
Mr. Richardson of the 116th 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:
2318
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Barber Barfield Bennett Berry Black Brackin Brinkley Brown, B. D. Brown, C. Bryant Byrd Carley Games Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Crowe Dailey Dean DeLong Dickinson Dillon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge Evensen Fleming Fulford Gaissert Gary Gaynor Gignilliat Grahl
Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Higginbotham Hill Hull Hutchinson Irvin Jones, M. Kiley Lambert Lambros Land Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, D. R. Mauldin McCracken Minge Mixon Moore, Don C. Moore, J. H. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford
Palmer Paris Parker Peterson Phillips Pickard Powers Reaves Richardson Ross Rush Russell Savage Sherman Shields Sims Simkins Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Story Sullivan Taylor Thomas Thompson, A. W. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Watson Webb Westlake Williams, G. J. Williams, W. M.
Those not voting were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Bean
Bedgood Blair Blalock Bowen Brantley Brown, M. P. Busbee
Caldwell Carr Gates Conner Cook Cox Daugherty
FRIDAY, FEBRUARY 18, 1966
2319
Davis Dixon Farrar Floyd Funk Grier Hadaway Hale Hamilton Harris, R. W. Henderson
Holder Hood Houston Howard Howell Johnson, Dr. A. S. Johnson, B. Jones, C. M.
Jones, G. Paul
Jordan, Ben C. Jordan, W. H. Knapp Knight Lane
Lea, F. R. Lovett Matthews, C. McClatchey McDaniell Melton
Merritt Mitchell Murnhy NeSmith, J. D. Nessmith, P. Parrish Rainey Reid Roach
Rowland Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Stovall Sweat Thmopson, R. Underwood Walling Ware Watkins Wells Wiggins Wilson, J. M. Wilson, R. W. Wood Mr. Speaker
On the motion to agree, the ayes were 124, nays 0.
The Senate amendment to HB 53 was agreed to.
HB 77. By Messrs. Harris of the 118th, Smith of the 90th, Busbee of the 79th and Hale of the 1st:
A Bill to be entitled an Act to amend Code Section 92-1404 so as to pro vide for the submission of an annual audit from each county to the State Auditor, and for other purposes.
The following Senate amendment was read:
The Senate Rules Committee moves to amend HB 77 as follows:
By adding in the title before the words "to repeal conflicting laws" the words "to provide that the above procedure shall apply to any grants to counties under any provision of law from motor fuel tax funds; to provide for the transmission of a copy of this Act to certain persons;".
By striking from Section 1 the following:
"Upon the passage of this Act, a copy of this Bill shall be mailed to every County Commission Chairman or Clerk of Commis sioners in this State."
By adding at the end of the language quoted as subsection (G) in Section 1 of said Bill the following:
2320
JOURNAL OF THE HOUSE,
"The above procedure shall apply to any grants to counties under any provision of law from motor fuel tax funds."
By adding a new section to be known as Section 2 to read as follows:
"Section 2. The Secretary of State is hereby directed to mail a copy of this Act to the chairman and the clerk of the governing authority of each county in this State."
By renumbering the present Section 2 as Section 3.
Mr. Harris of the 118th moved that the House agree to the senate amend ment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Barber Barfield Bean Bennett Black Brackin Brinkley Brown, B. D. Byrd Carley Carnes Gates Chandler Clarke, H. G. Collins, J. F. Collins, M. Colwell Conger Cook Crowe Dailey Daugherty Dean DeLong Dillon Dollar Dorminy Doster Drew Duncan
Egan Evensen Farrar Fleming Fulford Gaissert Gary Gaynor Grahl Harrington Harris, J. R. Harrison Hawkins Herndon Higginbotham Hill
Hood Howard Hutchinson Irvin Jones, M. Kiley Knapp Lambros Land Lea, F. R.
Lee, W. S. Leonard Levitas Lewis Longino Lovell
Lowrey Maddox Malone Matthews, C. Mauldin McCracken Melton Minge Mixon Moore, Don C. Moore, J. H. Newton, A. S. Odom Otwell Overby Pafford Palmer Parrish Peterson Phillips Pickard Powers Reaves Reid Richardson Rush Russell Sherman Shields Sims Simkins Smith, W. L.
Snellings Spikes Spillers Stalnaker
Starnes Steis
FRIDAY, FEBRUARY 18, 1966
2321
Stewart Story Sullivan Tucker Tye Vaughn, C. R.
Watkins Watson Webb Westlake Williams, W. M. Wood
Those not voting were Messrs.:
Alexander Alien Anderson Bagby Bedgood Berry Blair Blalock Bo wen Brantley Brown, C. Brown, M. P. Bryant Busbee Caldwell Carr Clark, J. T. Conner Cox Davis Dickinson Dixon Elliott Etheridge Floyd Funk Gignilliat Grier Hadaway Hale
Hamilton Harrell Harris, J. F. Harris, R. W. Henderson Holder Houston Howell Hull Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight Lambert Lane Lee, W. J. (Bill) Lovett Marshall Matthews, D. R. McClatchey McDaniell Merritt Mitchell Murphy NeSmith, J. D. Nessmith, P. Newton, D. L.
Oglesby Paris Parker Rainey Roach Ross Rowland Savage Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Underwood Vaughan, D. N. Walling Ware Wells Wiggins Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the motion to agree, the ayes were 114, nays 0.
The Senate amendment to HB 77 was agreed to.
HR 298-698. By Mr. Harris of the 118th:
A Resolution proposing an amendment to the Constitution changing the provisions relating to the powers of county governments, and for other purposes.
2322
JOURNAL OF THE HOUSE,
The following Senate substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the provisions relating to the powers of county governments; to preserve existing constitutional amendments; 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 Assembly may authorize any county to exercise the power of taxa tion for any public purpose as authorized by general law or by this Constitution, and unless otherwise provided by this Constitution or by law no levy need state the particular purposes for which the same was made nor shall any taxes collected be allocated for any particular purpose, unless expressly so provided by the General Assembly or this Constitution.
"Paragraph II. Purposes of Taxation. In addition to such other powers and authority as may be conferred upon any county by this Constitution or by the General Assembly, counties are hereby authorized to exercise the power of taxation for the following purposes which are hereby declared to be public purposes and ex pend 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 acqui sition, construction, maintenance, or improvement of public build ings, bridges, parks, recreation areas and facilities, libraries, streets, sidewalks, roads, airports, docks, facilities for mass transit system for the transportation of passengers for hire, and other properties for public use; and to acquire any real property or any interest therein in connection with the foregoing.
3. Provide for the operation of the courts, the maintenance and support of prisoners, and the handling of litigation affecting the county.
4. Establish and conduct public health and sanitation pro grams and provide for the collection and preservation of records and vital statistics.
FRIDAY, FEBRUARY 18, 1966
2323
5. Establish and maintain a county police department.
6. Provide medical or other care and hospitalization for the indigent sick and to support paupers.
7. Pay county agricultural and home demonstration agents and conduct programs utilizing the services of such agents.
8. Establish and conduct program of welfare benefits and pub lic 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 surviviors; provided that all such payments for public school teachers and personnel, their dependents and survivors, shall be paid from education funds.
11. Establish and maintain a recreation system.
12. To provide for paying the principal and interest of any debt of the county and to provide a sinking fund therefor.
13. To provide for reasonable reserves for public improvements as may be fixed by law.
14. To provide for the support and maintenance of public schools, public education, and activities necessary and incidental thereto, 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 estab lishing, 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.
2324
JOURNAL OF THE HOUSE,
"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.
"Paragraph VI. The powers and authority granted by this amendment shall be cumulative of all powers and authority hereto fore granted to counties and shall not operate to repeal any existing local constitutional amendments."
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 propsed 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 NO ( ) change the provisions relating to the powers of county governments?"
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.
Mr. Harris of the 118th 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 Adams Alexander Alien Bagby Barber Barfield Bean
Bedgood Bennett Berry Black Blair Blalock Bowen Brackin
Brantley Brown, B. D. Brown, C. Bryant Busbee Byrd Caldwell Carley
Games Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Cook
Cox
Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dollar Dorminy Doster Drew Duncan Elliott Evensen Fleming Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham Hill
FRIDAY, FEBRUARY 18, 1966
2325
Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jordan, W. H. Kiley Knapp Knight Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell
Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Reaves Reid Richardson Roach Ross Rush Russell Sherman Shields Sims Simkins Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Taylor Thomas Tucker Tye
Vaughan, D. N. Vaughn, C. R. Ware Watkins Watson Webb Wells Westlake Williams, W. M. Wood
Those not voting were Messrs.:
Anderson Brinkley Brown, M. P.
Conner Dixon Egan
Etheridge Farrar Floyd
2326
Hadaway Harris, R. W. Holder Jones, G. Paul Jones, M. Jordan, Ben C. Lovett Merritt Mitchell
JOURNAL OF THE HOUSE,
Odom Rainey Rowland Savage Smith, A. B. Smith, G. L. II Smith, V. T. Sweat Thompson, A. W.
Thompson, R. Townsend Underwood Walling Wiggins Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the motion to agree, the ayes were 168, nays 0.
The Senate substitute to HR 298-698 was agreed to.
HB 478. By Mr. Lane of the 64th:
A Bill to be entitled an Act to amend Code Section 47-107 so as to pro vide for an annual salary for members of the General Assembly, and for other purposes.
The following Senate amendment was read:
The Senate Committee moves to amend HB 478 as follows:
By adding in the title before the words "to repeal conflicting laws" the words "to define maintenance expense allowances;".
By adding a new section to be known as Section 3 to read as follows:
"Section 3. The maintenance expense allowance received by any official of the State as specifically provided for in Section 1 of the 1965 General Appropriations Act, relative to appropriations for the legislative branch of the government, shall be the $25.00 per day expense allowance provided in Code Section 47-107 contained in this Act, and any such official shall receive that amount in lieu of any such amount previously authorized or received."
By renumbering Sections 3 and 4 as Sections 4 and 5 respectively.
Mr. Lane of the 64th 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.:
Adams Bagby Barber
Barfield Bedgood Bennett
Black Blair Brackin
Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Byrd Car ley Games Carr Gates Chandler Clarke, H. G. Clark, J. T. Colwell Conner Cook Crowe Dailey Davis Dean DeLong Dillon Dixon Dorminy Drew Duncan Fulford Funk Gaissert Gaynor Grahl Hamilton Harrington Harris, J. F. Harrison Hawkins Herndon Higginbotham
FRIDAY, FEBRUARY 18, 1966
2327
Hill Hood Houston Hutchinson Irvin Johnson, B. Jones, C. M. Jones, M. Kiley Knapp Lambert Land Lane Lee, W. S. Leonard Lewis Lovell Lowrey Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken Melton Merritt Minge Mixon Moore, Don C. NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Otwell Overby Pafford Palmer
Parker Parrish Phillips Reaves Reid Richardson Ross Rowland Rush Russell Sherman Sims Simkins Smith, J. R. Smith, W. L. Snellings Spikes Spillers Starnes Steis Stewart Sullivan Sweat Taylor Tucker Tye Vaughan, D. N. Vaughn, C. R. Ware Watkins Watson Webb Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Alexander
Alien Anderson
Bean Berry Blalock Bo wen Bryant Busbee Caldwell Collins, J. F. Collins, M.
Conger Cox Daugherty Dickinson Dollar Doster Egan Elliott Etheridge Evensen Farrar Fleming Floyd
Gary Gignilliat Grier Hadaway Hale Harrell Harris, J. R. Harris, R. W. Henderson Holder Howard Howell Hull
2328
JOURNAL OF THE HOUSE,
Johnson, Dr. A. S. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight Lambros Lea, F. R. Lee, W. J. (Bill) Levitas Longino Lovett Matthews, D. R. McDaniell Mitchell
Moore, J. H. Murphy Newton, D. L. Oglesby Paris Peterson Pickard Powers Rainey Roach Savage Shields Smith, A. B. Smith, G. L. II
Smith, V. T. Snow Stalnaker Story Stovall Thomas Thompson, A. W. Thompson, R. Townsend Underwood Walling Williams, G. J. Wilson, J. M. Mr. Speaker
On the motion to agree, the ayes were 123, nays 0.
The Senate amendment to HB 478 was agreed to.
HR 282-607. By Mr. Jones of the 112th: A Resolution proposing an amendment to the Constitution so as to au thorize any agency or department of the State government which may be the recipient of Federal funds to administer such funds, and for other purposes.
The following Senate amendment was read:
Senator Holloway of 12th, moves to amend HR 282-607 as follows:
By striking the words "aged 16 or above" as they appear at the end of Section 1 of said Resolution and substituting in lieu thereof the following:
"Provided, however, that nothing in this paragraph shall be construed to authorize the expenditure of any State funds until the same shall have been appropriated by the General Assembly."
Mr. Jones of the 112th moved that the House agree to the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien
Anderson Bagby Barber
Barfield Bean Bedgood
Black Brackin Brown, B. D. Brown, M. P. Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Cook Cox Crowe Dailey Davis Dean DeLong Dillon Dixon Dorminy Doster Drew Duncan Egan Elliott Evensen Fleming Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hamilton Harrington Harris, J. F. Harris, J. R.
FRIDAY, FEBRUARY 18, 1966
2329
Harris, R. W. Harrison Hawkins Higginbotham Hill Hood Houston Howell Hull Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, W. H. Kiley Knapp Knight Levitas Lewis Longino Lovell Lowrey Maddox Malone Matthews, C. Mauldin McCracken Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Ne Smith, J. D. Newton, A. S. Otwell Overby Pafford Palmer Parker Parrish Peterson Phillips
Pickard Powers Rainey Reaves Eeid Richardson Roach Ross Rowland Rush Sherman Sims Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Sullivan Sweat Taylor Thomas Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Ware Watkins Watson Webb Wells Westlake Wiggins Williams, W. M. Wood
Those not voting were Messrs. :
Alexander Bennett Berry Blair Blalock Bowen Brantley
Brinkley Brown, C. Bryant Collins, M. Conger Conner Daugherty
Dickinson Dollar Etheridge Farrar Floyd Gary Hadaway
2330
f-
Hale Harrell Henderson Herndon Holder Howard Hutchinson Jones, G. Paul Jordan, Ben C. Lambert Lambros Land Lane Lea, F. R.
JOURNAL OF THE HOUSE,
Lee, W. J. (Bill) Lee, W. S. Leonard Lovett Marshall Matthews, D. R. McClatchey McDaniell Mitchell Murphy Nessmith, P. Newton, D. L. Odom Oglesby
Paris Russell Savage Shields Smith, A. B. Stovall Thompson, A. W. Thompson, R. Underwood Walling Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the motion to agree, the ayes were 141, nays 0.
The Senate amendment to HR 282-607 was agreed to.
HB 766. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act so as to provide for annexation by the City of Jefferson, and for other purposes.
The following Senate amendment was read:
Senator Minish of the 48th moves to amend HB 766 as follows:
By striking in its entirety Section 2 and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. Not less than 30 days nor more than 60 days after the approval of this Act by the Governor, 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.
FRIDAY, FEBRUARY 18, 1966
2331
'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 approval, 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 annexed by this Act vote for approval of the Act it shall be void and of no force and effect. The expenses of such election shall be borne by the City of Jefferson and the ordinary shall be reimbursed by the City of Jefferson for expenses incurred in holding such election. It shall be the duty of the ordinary to hold and conduct such election in the area to be annexed by the City of Jefferson by this Act and 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."
Mr. Barber of the 24th 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 766 was agreed to.
HB 685. By Mr. Conner of the 91st: A Bill to be entitled an Act to abolish the present mode of compensating the tax commissioner of Jeff Davis County, and for other purposes.
The following Senate amendment was read:
Senator Dean of the 6th moves to amend HB 685 as follows:
By inserting in the title between the word "personnel" and the word "to" the following: "to provide for a referendum;".
By striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. The Tax Commissioner shall receive a salary of $660.00 per month, payable from the funds of Jeff Davis County."
By striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows:
2332
JOURNAL OF THE HOUSE,
"Section 4. The Tax Commissioner shall have the authority to appoint a secretary and to fix her compensation at not more than $60.00 per week. In addition to such secretary, the Tax Com missioner is authorized to employ a part-time secretary to assist him on a temporary basis during those periods in which the work load of his office becomes heavy due to the seasonal nature of the duties of his office. The Tax Commissioner shall fix compensation to be received by such part-time secretary at not more than $50.00 per week, and Jeff Davis County shall not be responsible for the payment of such in excess of the total sum of $50.00 per week. It shall be within the sole power and authority of the Tax Commis sioner, during his term of office, to designate and name the person
or persons who shall be employed by him and to prescribe their duties and assignments, and to remove or replace any of such em ployees at will and within his sole discretion."
By striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. During the first week in October, 1966, it shall be the duty of the Ordinary of Jeff Davis County to issue the call for an election for the purpose of submitting this Act to the voters of Jeff Davis County for approval or rejection. The Ordinary shall set the date of such election for the same date as the General Elec tion in 1966, which date is November 8, 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 Jeff Davis County. The ballot shall have written or printed thereon the words:
'For approval of the Act to place the Tax Commissioner of Jeff Davis County on an annual salary in lieu of the fee system of compensation.
'Against approval of the Act to place the Tax Commissioner of Jeff Davis County on an annual salary in lieu of the fee system of compensation.'
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. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the elec tion. It shall be his further duty to certify the result thereof to the Secretary of State."
By striking Section 7 in its entirety and substituting in lieu thereof a new Section 7 to read as follows:
FRIDAY, FEBRUARY 18, 1966
2333
"Section 7. The provisions of this Act shall become effective January 1, 1967 if approved by the voters of Jeff Davis County in the referendum election as hereinbefore provided."
Mr. Conner of the 91st moved that the House disagree to the Senate amendment.
The motion prevailed and the House disagreed to the Senate amendment to HB 685.
HB 243. By Mr. Hull of the 104th: A Bill to be entitled an Act to revise the laws relating to subpoenas, and for other purposes.
The following Senate amendments were read:
Senator Yancey of the 33rd moves to amend HB 243 by striking subparagraph (f) of Section 3 and renumbering the remainder of said Section accordingly.
Senator Yancey of the 33rd moves to amend HB 243 by deleting Section 2 in its entirety and substituting in lieu thereof the following:
"This Act shall apply to all civil cases, and as to the State in all criminal cases."
Mr. Elliott of the 107th moved that the House disagree to the Senate amendments.
The motion prevailed and the House disagreed to the Senate amendments to HB 243.
HB 197. By Mr. Hale of the 1st: A Bill to be entitled an Act to amend the Uniform Act Regulating Traffic on Highways so as to provide that official traffic control devices are presumed to have been installed by lawful authority, and for other purposes.
The following Senate amendment was read:
Senator Holloway, of the 12th Senatorial District, moves to amend HB 197 by striking Section 2, Subsection (a) thereof so that Section 2 of said Bill, as amended, shall provide:
2334
JOURNAL OF THE HOUSE,
"Section 2. Article 1, Section 21, Paragraph (b) of said Uni form Act Regulating Traffic on Highways is hereby repealed in its entirety, and in lieu thereof is substituted a new Paragraph (b) as follows:
"(b) Yield Right of Way. When required means that the vehicle confronted with a 'Yield' sign gives the right of way to all other vehicles approaching the intersection in the other travel lanes, but when no other vehicle is approaching may continue on into the intersection."
Mr. Hale of the 1st moved that the House agree to the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alien Barber Barfield Bean Bennett Berry Black Blair Brackin Brinkley Brown, B. D. Bryant Byrd Carley Carnes Cates Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Colwell Conner Cook Crowe Dailey Dean DeLong Dickinson Dillon Dixon Dorminy
Duncan Egan Elliott Evensen Farrar Fleming Fulford Gaissert Gaynor Grahl Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Hill Hood Houston Howard Hull Hutchinson Irvin Johnson, A. S. Dr. Jones, M. Kiley Knapp
Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lovell Lowrey Maddox Malone McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Parker Parrish Phillips Powers Rainey Roach
Ross Rush Savage Sherman Shields Simkins Snellings Spikes Spillers
FRIDAY, FEBRUARY 18, 1966
2335
Steis Stewart Story Stovall Sweat Taylor Thomas Thompson, R. Townsend
Tucker Tye Vaughan, D. N. Vaughn, C. R. Watkins Webb Wiggins Williams, G. J. Wood
Those not voting were Messrs.:
Alexander Anderson Bagby Bedgood Blalock Bowen Brown, C. Brown, M. P. Busbee Caldwell Carr Collins, M. Conger Cox Daugherty Davis Dollar Doster Drew Etheridge Floyd Funk Gary Gignilliat Grier Higginbotham
Holder Howell Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Knight Lambert Lambros Lane Leonard Longino Lovett Marshall Matthews, C. Matthews, D. R. Mauldin Mitchell NeSmith, J. D. Nessmith, P. Newton, D. L. Paris Peterson Pickard Reaves Reid
Richardson Rowland Russell Sims Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Sullivan Thompson, A. W. Underwood Walling Ware Watson Wells Westlake Williams, W. M. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the motion to agree, the ayes were 127, nays 0.
The Senate amendment to HB 197 was agreed to.
HB 633. By Mr. Jordan of the 78th:
A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Baker County, and for other purposes.
2336
JOURNAL OF THE HOUSE,
The following Committee substitute was read and adopted:
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; to provide that all fees, costs or other emoluments of said officer shall become the property of such county; to provide for the collection of all such fees, costs and emoluments; to provide for periodic state ments; to provide for the payment of the operating expenses of said officer; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION I.
The present mode of compensating the Sheriff of Baker County, known as the fee system, is hereby abolished and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided.
SECTION II.
The sheriff shall receive an annual salary of not less than Nine Thousand Five Hundred ($9,500.00) Dollars, payable in equal monthly installments from the funds of Baker County. The sheriff shall furnish his own automobile and pay all expenses in reference to the operation of same from his own funds and the county shall not be liable for any expenses in connection therewith. Said salary shall not be diminished thereafter during the term of office of said officer.
SECTION III.
After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commis sions, costs, allowances, penalties, funds, monies and all other emolu ments and perquisites formerly allowed him as compensation for services in any capacity as long as such services were rendered by virtue of the fact that said officer is the Sheriff of Baker County, irrespective of the consideration that said services may not have been rendered in his official capacity as Sheriff of said County, but may have been personal, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the County treasury on or before the 10th day of each month next following the month in which they were collected or received. The governing body of said County reserves the right to continue its present mode of collecting taxes. At the time of each such monthly payment into the County treasury, the Sheriff shall furnish the governing authority of the County a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the County treasury. The statement shall how the respective amount of money collected and the source there of.
FRIDAY, FEBRUARY 18, 1966
2337
SECTION IV.
The Sheriff of Baker County shall also receive from County funds for each prisoner confined in the County jail, One Dollar and Fifty Cents ($1.50) per day to feed said prisoner, and this sum shall be paid in addition to the other compensation provided for herein to the sheriff.
SECTION V.
The Sheriff of Baker County shall have the sole power and authority to appoint one deputy sheriff, who shall be compensated in the amount of Four Hundred Dollars ($400.00) per month and one person to act as Clerk and deputy, who shall be compensated at the rate of Two Hundred Fifty Dollars ($250.00) per month, said salaries to be payable in monthly installments from the funds of Baker County. The Sheriff shall also have the authority to appoint any other deputies, clerks, assistants or other personnel as might be approved by the governing authority of said County. However, it shall be within the sole power and authority of the Sheriff, during his term of office, to designate and name the person, or persons, who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion.
SECTION VI.
All supplies, materials, furnishings, furniture, utilities, uniforms, radios, radio equipment, and the repair, replacement and maintenance thereof, and one automobile and all gas, oil, equipment and maintenance to be used solely by the deputy sheriff in the performance of his official duties, and as may be reasonably required in the discharge of his duties, shall be furnished by the County and shall be paid from any funds of the County available for such purposes. The determination of such re quirement shall be at the sole discretion of the governing authority of Baker County; except that the County shall replace the automobile furnished to the deputy sheriff for his official use when necessary.
SECTION VII.
The sheriff of Baker County shall, at his own expense, furnish all firearms and ammunition used in connection with the operation of his office, except as might be otherwise agreed upon by the governing au thority of said County.
SECTION VIII.
The sheriff and his deputies, in addition to any other compensation herein provided, shall receive payment or reimbursement for actual expenses incurred when out of the territorial limits of Baker County attending official business, or on business for the County; provided such trips are authorized and approved in advance by the governing authority of said County. Expenses for travel by automobile without the territorial
2338
JOURNAL OF THE HOUSE,
limits of Baker County, when authorized and approved as set out above, shall be payable or reimbursed at the rate of ten cents (10#) per mile for the use of said automobile.
SECTION IX.
If, at any time, in the judgment of the Sheriff an emergency shall arise by reason of which he would be unable to perform his duties without the expenditure of larger amounts than are provided herein, he may apply to the County governing authority for appropriation of additional amounts. The County governing authority shall then act upon the request for additional funds within fifteen days from the submission of the request, by making available to the sheriff such sums of money, as will be needed to meet said emergency, which shall be determined by the governing authority, or by refusing to make any such funds available.
SECTION X.
The Sheriff of Baker County shall keep such books and records as shall be prescribed by the governing authority of said County. All such records shall be open to the inspection of the governing authority of said County and their auditors at all times during the hours for which said office is open for business.
The governing authority of said County shall not act arbitrarily or capriciously in regards to any request by the sheriff for additional funds for the operation of his office, but shall act in good faith and for the best interest of the County in all respects thereto.
SECTION XI.
The provisions of this Act shall become effective on or by the 1st day of March, 1966.
SECTION XII.
All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Jordan of the 78th moved that the House agree to the Senate substitute.
On the motion to agree, the ayes were 105, nays 0.
The Senate substitute to HB 633 was agreed to.
HB 292. By Messrs. Newton of the 94th, Irvin of the llth and others:
A Bill to be entitled ah Act to amend the Minimum Foundation Program of Education Act relating to funds for sick leave expense, and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2339
The following Senate amendment was read:
Senator Carter of 14th moves to amend HB 292 as follows:
By inserting in the title immediately before the phrase "to repeal conflicting laws" the following:
"to provide an effective date,".
By striking the symbol and figure "$400" as it appears immediately after the phrase "and inserting in lieu thereof the following:" in Section 1 of said Bill and inserting in lieu thereof the symbol and figure "$600".
By striking the symbol and figure "$400" as it appears in Section 13, which Section 13 is quoted in Section 1 of said Bill and substituting in lieu thereof the symbol and figure "$
By renumbering Section 2 as Section 3.
By inserting following Section 1 a new Section 2 to read as follows:
"Section 2. This Act shall become effective beginning with the 1966-67 school year."
Mr. Newton of the 94th moved that the House agree to the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Anderson Barber Barfield Bean Bedgood Bennett Black Blair Brackin Brantley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell
Carley Games Carr Chandler Clarke, H. G. Collins, J. F. Conner Cook Crowe Dailey DeLong Dickinson Dillon Dixon Doster Drew
Duncan Farrar Fleming
Fulford Funk Gaissert Gaynor Gignilliat Hadaway Hale
Harrington Harris, J. F. Harrison Hawkins
Henderson Higginbotham Holder Hood
Howell Hull Hutchinson Irvin
2340
Johnson, B. Jones, M. Jordan, W. H. Kiley Knapp Lambert Land Lee, W. S. Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, G. Matthews, D. R. Mauldin McClatchey McCracken Melton Merritt Mixon Murphy Newton, A. S. Newton, D. L.
JOUENAL OP THE HOUSE,
Odom Oglesby Overby Pafford Palmer Paris Parrish Peterson Phillips Powers Rainey Reaves Reid Richardson Roach Ross Rowland Rush Russell Savage Sherman Shields Sims Smith, J. R. Smith, V. T. Smith, W. L.
Snellings Snow Spikes Spillers Stalnaker Stewart Story Stovall Sullivan Sweat Taylor Thomas, G. Thompson, R. Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wood
Those not voting were Messrs.:
Alexander Alien Bagby Berry Blalock Bowen Brinkley Gates Clark, J. T. Collins, M. Colwell
Grahl Grier Hamilton Harrell Harris, J. R. Harris, R. W. Herndon Hill Houston Howard Johnson, A. S. Dr.
Conger Cox Daughterty Davis Dean Dollar Dorminy Egan Elliott Etheridge Evensen Floyd Gary
Jones, C. M. Jones, G. Paul Jordan, Ben C. Knight Lambros Lane Lea, P. R. Lee, W. J. (Bill) Leonard Levitas Lovett McDaniell Minge
On the motion to agree, the ayes were 134, nays 0.
Mitchell Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Otwell Parker Pickard Simkins Smith, A. B. Smith, G. L. II Starnes Steis Thompson, A. W. Townsend Underwood Ware Watson Wells Wilson, J. M. Wilson, R. W. Mr. Speaker
The Senate amendment to HB 292 was agreed to.
FRIDAY, FEBRUARY 18, 1966
2341
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 68. By Messrs. Steis of the 100th, Jones of the 76th and others: A Bill to be entitled an Act to amend an Act so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals, and for other purposes.
CONFERENCE COMMITTEE REPORT Mr. President: Mr. Speaker:
The Conference Committee on HB 68 has met and recommends the adoption of the following report:
a. That the House recede from its position; b. that the Senate recede from its position; and c. that the attached Substitute for HB 68 be adopted.
Respectfully submitted, Geo. L. Smith II Representative, 54th District William M. Fleming, Jr. Representative, 106th District William Burton Steis Representative, 100th District
Robert K. Ballew Senator, 50th District John M. Gayner, III Senator, 5th District R. Eugene Holley Senator, 22nd District
A BILL
To be entitled an Act to amend an Act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals, ap proved March 7, 1957 (Ga. Laws 1957, p. 205), as amended by an Act approved January 18, 1962 (Ga. Laws 1962, p. 3), so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals, approved March
2342
JOURNAL OF THE HOUSE,
7, 1957 (Ga. Laws 1957, p. 205), as amended by an Act approved January 18, 1962 (Ga. Laws 1962, p. 3), is hereby amended by striking Section 1 and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. The annual salary of the Justices of the Supreme Court shall be, and the same is hereby fixed in the sum of $26,500.00."
Section 2. Said Act is further amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The annual salary of the Judges of the Court of Appeals shall be, and the same is hereby fixed in the sum of $26,500.00."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Smith of the 54th moved that the House adopt the report of the Com mittee of Conference.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Bagby Barber Barfield Berry Blair Brinkley Brown, B. D. Bryant Byrd Carley Carnes Carr Gates Clarke, H. G. Collins, J. P. Colwell Conger Cook Cox Crowe Daugherty Dillon Dollar
Doster Drew Duncan Egan Elliott Etheridge Gaynor Hale Hamilton Harris, J. R. Harris, R. W. Harrison Hill Holder Houston Howard Hutchinson Johnson, B. Jones, G. Paul Jones, M. Knapp Lambert Lambros Land Lea, P. R.
Lee, W. S. Leonard Lewis Longino Lovell Lowrey Malone Marshall McClatchey McCracken Merritt Mitchell Mixon Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Paris Parker Peterson Phillips Pickard Powers Reaves
Richardson Roach Rowland Rush
Savage Sherman Sims Simkins Smith, A. B. Smith, G. L. II
FRIDAY, FEBRUARY 18, 1966
2343
Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart
Sullivan Thompson, A. W. Townsend Vaughan, D. N. Walling Wells Wiggins Wilson, R. W.
Those voting in the negative were Messrs.:
Anderson Bean
Bedgood Brantley Brown, M. P. Chandler Clark, J. T. Collins, M. Dean DeLong Dickinson Dixon Dorminy Evensen Farrar Funk
Gaissert Gary
Gignilliat Grahl Hadaway Harrell Harrington Harris, J. F. Hawkins Herndon Irvin Jordan, W. H. Lane
Lee, W. J. (Bill) Lovett Matthews, D. R. Mauldin Moore, Don C. Murphy Otwell
Overby Pafford Palmer Parrish
Rainey Reid Shields Story Stovall Sweat Taylor Tye Watkins Watson Webb Westlake Williams, W. M. Wood
Those not voting were Messrs.:
Abney Alien Bennett Black Blalock Bo wen Brackin Brown, C. Busbee Caldwell Conner Dailey Davis Fleming Floyd Fulford
Grier Henderson Higginbotham Hood
Howell Hull Johnson, A. S. Dr. Jones, C. M. Jordan, Ben C. Kiley Knight Levitas Maddox Matthews, C. McDaniell Melton
Minge
Newton, D. L. Oglesby Ross Russell Smith, J. R. Thomas Thompson, R. Tucker Underwood Vaughn, C. R. Ware Williams, G. J. Wilson, J. M. Mr. Speaker
On the motion to adopt, the ayes were 103, nays 54.
2344
JOURNAL OF THE HOUSE,
The report of the Committee of Conference on HB 68 was adopted.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
SB 89. By Senator Holley of the 22nd: A Bill to be entitled an Act to amend the Code Section 13-204 relating to private banks or bankers, and for other purposes.
The following report of the Committee of Conference was read:
REPORT OP COMMITTEE OP CONFERENCE ON SB 89
Mr. President: Mr. Speaker:
The Committee of Conference on SB 89 respectfully reports as follows:
That the House recede from its position relative to Section 2.
This 18th day of February, 1966.
ON BEHALF OF THE SENATE: R. Eugene Holley Senator, 22nd District Ben F. Johnson Senator, 42nd District Stanley E. Smith, Jr. Senator, 18th District
ON BEHALF OF THE HOUSE OF REPRESENTATIVES: A. T. Land, Sr. Representative, 53rd District Jimmy D. NeSmith Representative, 43rd District D. W. (Bill) Knight, Jr. Representative, 60th District
Mr. NeSmith of the 43rd moved that the House adopt the report of the Committee of Conference.
FRIDAY, FEBRUARY 18, 1966
2345
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alien Anderson Barfield Bean
Bedgood Bennett Berry Black Blair Brackin Brinkley
Brown, C. Brown, M. P. Busbee Byrd Carley Games Carr Clark, J. T. Collins, J. F. Collins, M.
Colwell Cook
Crowe Dailey Dean DeLong Dickinson Dillon Dorminy Drew Duncan Evensen Funk Gary Gaynor Gignilliat
Grahl Grier
Hadaway Hale Harrell Harris, J. F. Harris, J. R. Harris, R. W. Hawking Henderson Hill Howard Howell Hull Hutchinson Johnson, A. S. Dr.
Jones, M. Jordan, Ben C. Jordan, W. H.
Kiley Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Maddox Malone Marshall Matthews, C. Mauldin McCracken Merritt Mitchell Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S.
Odom Oglesby Otwell
Overby Pafford Palmer
Paris Parrish Phillips Pickard
Powers Richardson
Roach
Ross Rush Russell Sherman
Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings
Snow Starnes
Steis Story Stovall Sullivan Taylor Thomas Thompson, A. W.
Tucker
Tye Underwood Vaughan, D. N. Vaughn, C. R. Watkins Watson
Webb Williams, W. M. Wilson, J. M. Wood
Those voting in the negative were Messrs.:
Dixon Harrison
Murphy
Spillers
2346
JOURNAL OP THE HOUSE,
Those not voting were Messrs.:
Alexander Bagby Barber Blalock Bowen Brantley Brown, B. D. Bryant Caldwell Gates Chandler Clarke, H. G. Conger Conner Cox Daughtery Davis Dollar Doster Egan Elliott Etheridge Farrar Fleming Floyd Fulford
Gaissert Hamilton Harrington Herndon Higginbotham Holder Hood Houston Irvin Johnson, B. Jones, C. M. Jones, G. Paul Knapp Knight Lambert Lambros Land Lane Leonard Le vitas Lovett Lowrey Matthews, D. R. McClatchey McDaniell Melton
Minge Newton, D. L. Parker Peterson Rainey Reaves Reid Rowland Savage Shields Smith, A. B. Smith, J. R. Spikes Stalnaker Stewart Sweat Thompson, R. Townsend Walling Ware Wells Westlake Wiggins Williams, G. J. Wilson, R. W. Mr. Speaker
On the motion to adopt, the ayes were 122, nays 4.
The report of the Committee of Conference on SB 89 was adopted.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
SB 88. By Senators Holley of the 22nd, Kidd of the 25th and others:
A Bill to be entitled an Act to provide for the incorporation of regulated certificated banks, and for other purposes.
The following report of the Committee of Conference was read:
REPORT OF COMMITTEE OF CONFERENCE ON SB 88 Mr. President: Mr. Speaker:
FRIDAY, FEBRUARY 18, 1966
2347
The Committee of Conference on SB 88 respectfully reports as follows:
(1) That the Senate and House recede from their positions relative to Section 14 and that Section 14 be stricken in its entirety and a new Section 14 be substituted in lieu thereof to read as follows:
"Section 14. Payment of Capital. All of the capital structure of every bank applying for a certificate shall be paid in, in cash, before such bank shall be authorized to commence business; pro vided, however, that any undivided profits and surplus which said bank shall have on hand on the date that its application for certifi cation shall be submitted under the terms of this Act shall be credited to make up the capital structure requirements of this Act."
(2) That the Senate and House recede from their positions re lative to Section 17 (a) and that Section 17 (a) be stricken in its entirety and a new Section 17 (a) be substituted in lieu thereof to read as follows:
"Section 17(a). Deposit Insurance. Every regulated certifi cated bank incorporated under the provisions of this Act shall be required to obtain deposit insurance when, in the opinion of the Superintendent of Banks, any such bank shall become eligible and can qualify for deposit insurance. Such deposit insurance shall be written by an insurance company authorized to transact business in the State of Georgia or by the Federal Deposit Insurance Corporation. Deposit insurance shall be maintained on each deposit in the amount of the deposit on all deposits up to and including a $2000.00 deposit. Each deposit over $2000.00 shall be insured up to a minimum of $2000.00. Until such deposit insurance is obtained, such banks shall be required to post a sign in boldface print, in letters at least four inches (4") high, at a conspicuous place near the entrance of such bank, which states "Regulated Certificated Bank Deposits not Insured". After obtaining such deposit insurance, such banks shall be required to display a sign in boldface print, in letters at least four inches (4") high, at a conspicuous place near the entrance of such bank, which states "Regulated Certificated Bank-Deposits Insured Up To (Insert amount of deposit insurance)."
(3) That the Senate recede from its position relative to Section 22 (a).
(4) That the Senate and House recede from their positions relative relative to Section 48, and that the following be stricken from said section: "or Deposit Insurance, (a)"; and that subsection (b) of said section be stricken in its entirety.
(5) That the House recede from its position relative to Section 52.
This 18th day of Febraury, 1966.
ON BEHALF OF THE SENATE:
R. Eugene Holley Senator, 22nd District
2348
JOURNAL OP THE HOUSE,
Ben F. Johnson Senator, 42nd District
Stanley E. Smith, Jr. Senator, 18th District
ON BEHALF OF THE HOUSE OF REPRESENTATIVES:
A. T. Land, Sr. Representative, 53rd District
Jimmy D. NeSmith Representative, 43rd District
D. W. (Bill) Knight, Jr. Representative, 60th District
Mr. NeSmith of the 43rd moved that the House adopt the report of the Committee of Conference.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Bagby Barfield Bennett Berry Black Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Carnes Carr Chandler
Clarke, H. G. Collins, M. Cook Crowe Dailey Daugherty
Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Drew Duncan Egan Elliott Evensen Farrar Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Harrell
Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Herndon
Hood Houston Howard Howell Hutchinson Irvin Johnson, A. S. Dr. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lowrey Maddox
Malone Marshall Matthews, C. Mauldin McClatchey McCracken
Minge Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Nes smith, P. Newton, A. S. Odom
Oglesby Otwell Overby Pafford Palmer Paris Parrish Peterson Phillips Pickard Powers
FRIDAY, FEBRUARY 18, 1966
2349
Reid Roach Ross Rush Sherman Sims Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Stalnaker Starnes Steis Stewart Story
Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughn, C. R. Walling Ware Watkins Watson Webb Wells Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Harrison
Murphy
Spillers
Those not voting were Messrs.:
Alexander Barber Bean Bedgood Blair Blalock Bowen Brantley Caldwell Gates Clark, J. T. Collins, J. F.
Colwell Conger Conner Cox Davis Doster Etheridge Fleming Floyd Fulford
Funk
Gaissert Hamilton Henderson Higginbotham Hill
Holder Hull Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Knight Lambert Lambros Land Leonard Lovett Matthews, D. R. McDaniell Melton Merritt
Mitchell Newton, D. L. Parker Rainey Reaves Richardson Rowland Russell Savage Shields Smith, J. R. Stovall Taylor Underwood Vaughan, D. N. Westlake Wiggins Williams, G. J. Wilson, J. M. Mr. Speaker
On the motion to adopt, the ayes were 137, nays 3.
The report of the Committee of Conference on SB 88 was adopted.
2350
JOURNAL OP 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 129. By Senator Loggins of the 53rd:
A Bill to be entitled an Act to amend an Act so as to provide that a party may contest the truth of the pauper's affidavit filed by the party taking an appeal, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Adams Alien Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Bowen Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Carley Games Gates Chandler Clarke, H. G. Collins, J. F. Colwell Cook Crowe Dailey Daugherty Dean DeLong Dickinson Dillon
Dixon Dollar Dorminy Doster Drew Egan Evensen Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Holder Hood Houston Hutchinson Irvin Jones, G. Paul Jones, M. Jordan, Ben C.
Jordan, W. H. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. S. Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer
Paris Parker Parrish Peterson Phillips Powers Richardson Roach Rush Russell Savage Sherman Shields Sims Simkins
FRIDAY, FEBRUARY 18, 1966
2351
Smith, A. B. Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas
Thompson, A. W. Thompson, R. Tucker Tye Vaughan, D. N. Vaughn, C. R. Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Alexander Anderson Brackin Busbee Caldwell Carr Clark, J. T. Collins, M. Conger Conner Cox Davis Duncan Elliott Etheridge Farrar Fleming
Floyd Fulford Harris, J. R. Howard Howell Hull Johnson, A. S. Dr. Johnson, B. Jones, C. M. Knight Land Lane Lee, W. J. (Bill) Leonard Le vitas Lovett Mitchell Moore, Don C.
Murphy Pickard Rainey Reaves Reid Ross Rowland Smith, G. L. II Smith, J. R. Smith, V. T. Snow Townsend Underwood Walling Ware Wells Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 201. By Senator Webb of the llth:
A Bill to be entitled an Act to amend the Statewide Probation Act, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
2352
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.:
Adams Alien Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blalock Bo wen Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Byrd Carley Carnes Carr Gate Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Colwell Crowe Dailey Daugherty Dean DeLong Dickinson Dillon Dixon Dorminy Doster Drew Duncan Egan Evensen Punk Gaissert Gaynor Gignilliat Grahl
Hamilton Harrell Harris, J. R. Harris, R. W. Harrison Hawkins Higginbotham Holder Hood Howell Hutchinson Johnson, A. S. Dr. Jones, G. Paul Jones, M. Kiley Knapp Lambros Lea, F. R. Lee, W. S. Leonard Lewis Longino Lovell Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Minge Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford
Palmer Parker Parrish Phillips Pickard Powers Richardson Roach Ross Rush Russell Savage Sherman Shields Sims Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Underwood Vaughn, C. R. Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Alexander
Anderson Blair
Brackin Bryant
Busbee Caldwell Collins, M. Conger Conner Cook
Cox
Davis Dollar Elliott Etheridge Farrar Fleming Floyd Fulford Gary Grier Hadaway Hale Harrington
FRIDAY, FEBRUARY 18, 1966
2353
Harris, J. F. Henderson Herndon Hill Houston Howard Hull Irvin Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Knight Lambert Land Lane Lee, W. J. (Bill) Le vitas Lovett Maddox
Merritt Mitchell NeSmith, J. D. Paris Peterson Rainey Reaves Reid Rowland Simkins Smith, J. R. Snow Townsend Tye Vaughan, D. N. Walling Ware Watkins Wilson, J. 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.
SB 38. By Senator Webb of the llth: A Bill to be entitled an Act to provide procedures for searches and seizures and for suppression of evidence illegally seized, and for other purposes.
The following amendment was read and adopted:
Mr. Bagby of the 21st moves to amend SB 38 by adding a new sentence at the end of Section 4 to read as follows:
"Provided, however, said judicial officer shall keep a docket record of all warrants issued by him and upon issuing any warrant he shall immediately within a reasonable time record same on said docket."
An amendment offered by Mr. Murphy of the 26th was read and lost.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
2354
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 Adams Alexander Barber Bedgood
Berry Blair Blalock Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd
Carley Carnes Carr Clarke, H. G.
Crowe Dailey Dean Dillon Dollar Dorminy Doster Drew Egan Elliott Evensen Funk
Gaissert Gary Gaynor Gignilliat Grahl Grier Hale Hamilton
Harrell Harris, J. R. Harris, R. W. Hawkins Herndon Higginbotham
Hill Holder Hood Howell Hutchinson Irvin Johnson, A. S. Dr. Jones, M. Jordan, W. H. Kiley Knight Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. McCracken Merritt Mitchell Mixon Moore, Don C. Moore, J. H. Nessmith, P.
Odom
Oglesby Otwell Overby Palmer Parrish Peterson Phillips
Powers Reid Richardson Roach Russell Sherman Sims Smith, W. L.
Spikes Spillers Stalnaker
Steis Story Stovall Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughn, C. R. Walling Ware Watson Wiggins Williams, G. J. Williams, W. M. Wood
Those voting in the negative were Messrs. :
Alien Anderson
Bagby Barfield
Bennett Black Brackin
Brantley Brown, M. P. Clark, J. T. Collins, J. F. Collins, M. Colwell DeLong
Dickinson Duncan Hadaway Harris, J. F. Harrison Houston Johnson, B.
Jones, G. Paul Leonard McClatchey Murphy Pafford Paris
FRIDAY, FEBRUARY 18, 1966
2355
Rainey Reaves Ross Rowland Shields Smith, A. B.
Smith, J. R. Sullivan Sweat Vaughan, D. N. Webb
Those not voting were Messrs.:
Bean Bo wen Caldwell Gates Chandler Conger Conner Cook Cox Daugherty Davis Dixon Etheridge Farrar Fleming Floyd Fulford Harrington
Henderson Howard Hull Jones, C. M. Jordan, Ben C. Knapp Land Lane Longino Lovell Mauldin McDaniell Melton Minge NeSmith, J. D. Newton, A. S. Newton, D. L. Parker
Pickard Rush Savage Simkins Smith, G. L. II Smith, V. T. Snellings Snow Starnes Stewart Watkins Wells Westlake Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 114, nays 38.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Brown of the 135th wishes to be recorded as "present".
SB 136. By Senator Webb of the llth: A Bill to be entitled an Act to amend Code Section 81-1001 relating to time and place for determining the sufficiency of pleadings so as to remove certain provisions relating to provisions the Supreme Court has declared unconstitutional, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
2356
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bedgood Bennett Berry Black Blair Bowen Brackin Brantley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Cook Crowe Dailey Daugherty Davis DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Egan Evensen
Farrar Fulford Funk Gaynor Gignilliat Grier Hadaway Hale Hamilton Harrell Harris, J. R. Harrison Hill Holder Hood Howell Johnson, A. S. Dr. Jordan, Ben C. Kiley Knight Lambert Land Lee, W. S. Lewis Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. McCracken McDaniell Merritt Minge Mitchell Mixon Murphy Newton, A. S. Odom Oglesby Overby
Pafford Palmer Paris Parker Peterson Phillips Powers Reaves Reid Rush Russell Savage Sherman Shields Sims Smith, G. L. II Smith, V. T. Snellings Snow Spillers Stalnaker Steis Story Stovall Sullivan Sweat Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughn, C. R. Walling Ware Watkins Watson Webb Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bean Blalock Brinkley Carnes Carr Gates
Chandler Collins, M. Conger Conner Cox Dean
Duncan Elliott Etheridge Fleming Floyd Gaissert
Gary Grahl Harrington Harris, J. F. Harris, R. W. Hawkins Henderson Herndon Higginbotham Houston Howard Hull Hutchinson Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H.
FRIDAY, FEBRUARY 18, 1966
2357
Knapp Lambros Lane Lea, F. R. Lee, W. J. (Bill) Leonard Levitas Longino Mauldin McClatchey Melton Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, D. L. Otwell Parrish Pickard
Rainey Richardson Roach Ross Rowland Simkins Smith, A. B. Smith, J. R. Smith, W. L. Spikes Starnes Stewart Taylor Thomas Vaughan, D. N. Wells Westlake Wilson, J. M. 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 66. By Senators Webb of the llth, Gillis of the 20th and others:
A Bill to be entitled an Act to amend the Teachers' Retirement System Act so as to provide for payment of employer and employee contributions in order to obtain credit for out-of-state teaching service by future 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 Adams Alexander Alien Bagby Barber Bedgood Berry
Black Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C.
Brown, M. P. Bryant Byrd Caldwell Carley Carnes Carr Clarke, H. G.
2358
Clark, J. T. Collins, M. Colwell Conger Cook Dailey Daugherty Davis Dean DeLong Dillon Dixon Dollar Dorminy Doster Duncan Egan Evensen Farrar Fulford Funk Gary Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Holder Hood Houston Howard Howell Hutchinson
JOURNAL OF THE HOUSE,
Irvin Johnson, A. S. Dr. Jones, M. Jordan, Ben C. Kiley Knight Lambert Land Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lovett Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Merritt Minge Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reid
Ross Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Snellings Snow Spillers Stalnaker Starnes Steis Story Stovall Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Ware Watkins Watson Webb Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Voting in the negative was Mr. Bennett.
Those not voting were Messrs.:
Anderson Barfield Bean Bowen Busbee
Gates Chandler Collins, J. F. Conner Cox
Crowe Dickinson Drew Elliott Etheridge
Fleming Floyd Gaissert Gaynor Harrington Higginbotham Hill Hull Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Knapp
FRIDAY, FEBRUARY 18, 1966
2359
Lambros Lane Lea, F. R. Leonard Levitas Melton Mitchell Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Otwell Pickard
Rainey Reaves Richardson Roach Smith, W. L. Spikes Stewart Sullivan Underwood Walling Wells Westlake Mr. Speaker
On the passage of the Bill, the ayes were 149, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
The following Bills of the Senate were taken up for the purpose of consider ing the Senate's disagreement to the amendments or substitutes thereto:
SB 1. By Senator Webb of the llth: A Bill to be entitled an Act to provide that the holding of a gambling stamp is prima facie evidence of having broken the laws of this State prohibiting gambling, and for other purposes.
Mr. Busbee of the 79th moved that the House insist on its position in sub stituting SB 1 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed and the Speaker appointed as a Committee of Con ference on the part of the House, the following members: Messrs. Busbee of the 79th, Levitas of the 118th and Blair of the 68th.
SB 182. By Senators Plunkett of the 30th, Coggin of the 35th and Broun of the 46th:
A Bill to be entitled an Act to provide a method for the annexation of contiguous territory to incorporated municipalities, and for other pur poses.
Mr. Lee of the 79th moved that the House insist on its position in amending SB 182 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
2360
JOURNAL OF THE HOUSE,
The motion prevailed and the Speaker appointed as a Committee of Con ference on the part of the House, the following members: Messrs. Lee of the 79th, Murphy of the 26th and Wigging of the 32nd:
SB 19. By Senator Thompson of the 34th:
A Bill to be entitled an Act to amend an Act to provide for taxing alcoholic beverages in municipalities, and for other purposes.
Mr. Fulford of the 67th moved that the House insist on its position in amending SB 19 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed and the Speaker appointed as a Committee of Con ference on the part of the house, the following members: Messrs. Fulford of the 67th, Mitchell of the 3rd and Hill of the 121st:
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 57. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act creating the offices of State Highway Department, so as to provide that the State Highway Department shall be authorized to accept for the State all available Federal monies appropriated under the various Acts included under Title 23 of the U. S. Code; and for other purposes.
Mr. Busbee of the 79th asked unanimous consent that further consideration of the Bill be postponed in order that further study might be made before con sidering the final passage thereof.
Unanimous consent was granted, and SB 57 was postponed.
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 25. By Senators Webb of the llth and Jackson of the 16th:
A RESOLUTION
Proposing an amendment to the Constitution so as to enable the State of Georgia and its Highway Department to fully comply with
FRIDAY, FEBRUARY 18, 1966
2361
that certain Act of the Congress of the United States, known as Public Law 89-285, 89th Congress, S. 2084, approved October 22, 1965, and which said Public Law amended Section 131 of Title 23, United States Code, and revised the same so as to provide for the "CONTROL OF OUTDOOR ADVERTISING", on the Interstate or Primary Systems of Federal-Aid Highways; provided for bonus payments to the States com plying with such Public Law, and also provided penalties for noncompliance; and which said described Public Law further amended Chapter 1 of Title 23 of said United States Code by adding thereto a new Section to provide for the "Control of Junk Yards", on such In terstate and Primary Systems of Federal-Aid Highways, and provided that Federal funds available to the States for Highway purposes should be reduced by 20 percent for failure to comply with such provisions; and which said Public Law further amended and revised Section 319 of Title 23 of said United States Code so as to provide for a "Land scaping and Scenic Enhancement", and which amendment and revision of said Section provided for a bonus of 3 percent of Federal Funds, otherwise available to the State, as an incentive for compliance with said provision of said Public Law; to provide that this amendment shall be restricted to those highways of the State-Aid Road System, which are designated as parts of the Interstate or Primary Federal-Aid Road Systems and which are constructed either in whole or in part with monies received by the State from the Highway Trust Fund, controlled by the Secretary of Commerce of the United States, and the United States Bureau of Public Roads; 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 I, Section II, Paragraph I of the Constitution is hereby amended by adding at the end thereof a new subparagraph to be known as Subparagraph (A) and to read as follows:
"(A) In order to fully comply with that certain Act of the Congress of the United States, known as Public Law 89-285, 89th Congress, S. 2084, approved October 22, 1965, and which said Public Law amended Section 131 of Title 23, United States Code, and revised the same so as to provide for the "Control of Outdoor Ad vertising" on the Interstate or Primary Systems of Federal-Aid Highways; provided for bonus payments to the States complying with such public law, and also provided penalties for non-com pliance; and which said described Public Law further amended Chapter 1 of Title 23 of said United States Code by adding thereto a new Section to provide for the "Control of Junk Yards", on such Interstate and Primary Systems of Federal-Aid Highways, and provided that Federal funds available to the States for highway purposes should be reduced by 20 percent for failure to comply with such provisions; and which said Public Law further amended and revised Section 319 of Title 23 of said United States Code so as to provide for a "Landscaping and Scenic Enhancement", and which amendment and revision of said Section provided for a bonus of 3 percent of Federal funds, otherwise available to the State, as an incentive for compliance with said provision of said Public Law; and, in order to promote the reasonable, orderly, and effective dis-
2362
JOURNAL OF THE HOUSE,
play of Outdoor Advertising, in accordance with the provisions of said described Act of the Congress of the United States, and con sistent with the purposes of this provision of the Constitution, the State of Georgia, acting by and through the State Highway Depart ment of Georgia, is hereby authorized to acquire, either by negoti ation or through the exercise of the Power of Eminent Domain, upon the payment of just and adequate compensation, easements or other interests in private property, for the purpose of acquiring the title to and the right to remove, or require removal, of any bill boards or other outdoor advertising which may exist upon such property at the time of the ratification of this amendment, and within a distance of 660 feet of the nearest edge of the right-ofway line of any State-Aid highway, which is a part of the Inter state or Primary System of Federal-Aid Highways,--provided, however, that, as to any such advertising sign, display, or device, lawfully in existence upon any of such described highways on Sep tember 1, 1965, the owner of such advertising sign, display, or device shall not be required to remove the same until July 1, 1970; and, as to such described sign, the provision of this amendment shall not become effective until said date of July 1, 1970, except that the State may acquire the right to remove the same by volun tary negotiation with the owner thereof.
"The State, acting by and through the State Highway Depart ment of Georgia, shall be further authorized to acquire, either by negotiation or through the exercise of the Power of Eminent Do main, upon payment of just and adequate compensation, easements or other interest in land within a distance of 1,000 feet of the near est edge of the right-of-way line of any State-aid road, which is a part of the Federal Interstate or Primary System of Highways, for the purpose of requiring the owners of junk yards existing upon such property to remove the same, or to screen them from public view, in accordance with regulations which the State High way Board of Georgia is hereby authorized to make and publish in such respect, which regulations shall conform to and comply with such described Public Law;--provided, however, that any junk yard, which was in existence on the date of the approval of said described Public Law, on October 22, 1965, and which the Director of the State Highway Department finds as a practical matter can not be screened, and which finding is approved by the Secretary of Commerce, acting by and through the United States Bureau of Public Roads, in accordance with sub-paragraph (h) of Title II of said Public Law, the owner of such described junk yard shall not be required to remove the same until July 1, 1970; and the provisions of this amendment, under such described circumstances, shall not be applicable except that the State Highway Department shall be authorized to acquire the right to remove said junk yard, or to screen the same in accordance with the requirements of said Public Law by voluntary negotiation; and with the further excep tion that where the Secretary of Commerce, acting by and through the United States Bureau of Public Roads, refuses to approve the continued maintenance of such junk yard until July 1, 1970, the provisions of this Act shall become immediately applicable upon a proper certificate being made and entered by the Director of the State Highway Department, showing the facts of such refusal.
FRIDAY, FEBRUARY 18, 1966
2363
"The necessity for such acquisition, as set forth in the pre ceding paragraphs of this Section, as a part of that portion of the State-Aid System of Public Roads, which are also a part of the Federal Interstate or Primary System, is hereby declared, in order to avoid the loss of large sums of money which would be otherwise granted to the State in the construction and maintenance of such Road System by the United States Government.
"The General Assembly shall have full authority to zone prop erty within a distance of 1,000 feet of the nearest edge of the right-of-way line of any State-Aid Road, which is also a part of the Federal Interstate System or Primary System, for commercial or industrial purposes; and in respect thereto, to also zone such property in respect to the location of advertising signs, displays, or devices; or in respect to the establishment, removal, or control of junk yards; and to provide for rules and regulations governing both advertising and junk yards; all in conformance to and in com pliance with the provisions of said Public Law of the United States Congress.
"The General Assembly shall have full authority to enact such legislation as will enable this State, acting by and through the State Highway Department of Georgia, to fully comply with Title III of said described Public Law, and in respect to "Landscaping and Scenic Enhancement"; and in such manner as to enable this State to take advantage of the bonus payment to the State from the Federal Government, as provided for in said Title."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide for the payment for taking or damaging private property for public road and street purposes, in
NO ( ) order to authorize the state to require the removal of existing outdoor advertising, and the removal or screening of existing outdoor junk yards or other installations interfering with the natural beauty of the highway and surrounding landscape, so as to prevent the loss of large sums of Federal money?"
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".
2364
JOURNAL OF THE HOUSE,
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
An amendment offered by Mr. Jones of the 109th read and lost.
An amendment offered by Mr. Simkins of the 106th was read and lost.
The following amendment was read:
Mr. Simkins of 106th moves to amend SR 25 as follows:
By adding at the end of quoted Subparagraph (A) of Section 1 a new paragraph to read as follows:
"Any other provisions of this amendment to the contrary not withstanding, the owners of any property affected by any provision of this amendment shall be entitled to and shall receive just and adequate compensation for any loss that may be sustained by any such owner as a result of any restriction placed on the use of such owner's property in pursuance of the authority herein granted, and any Act adopted by the General Assembly in pursuance of the authority herein granted shall contain appropriate provisions to give full force and effect to this requirement."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Anderson Bryant Conger DeLong Dixon Dollar Dorminy Gaissert Grahl
Hadaway Jones, G. Paul Jordan, Ben C. Knapp Lea, F. R. Lewis Matthews, D. R. Minge Mitchell Mixon
Murphy Pafford Paris Rainey Ross Sherman Simkins Stewart Sweat Wilson, R. W.
Those voting in the negative were Messrs.:
Adams Alexander Bagby
Barfield Bedgood Bennett
Berry Black Blair
Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Busbee Byrd Carley Games Chandler Colwell Cook Crowe Dailey Daugherty Davis Dean Dickinson Dillon Drew Duncan Elliott Etheridge Farrar Funk Gary Gaynor Gignilliat Hale Hamilton Harrington Harris, J. F. Harris, J. R.
FRIDAY, FEBRUARY 18, 1966
2365
Harris, R. W. Harrison Hawkins Hern don Holder Hood Houston Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, M. Jordan, W. H. Kiley Lambert Lambros Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lovell Lowrey M alone Marshall Matthews, C. Mauldin McClatchey Merritt Moore, Don C. Moore, J. H. Newton, A. S. Otwell Palmer Parker
Parrish Phillips Pickard Powers Roach Rush Savage Shields Sims Smith, V. T. Snow Spikes Spillers Stalnaker Starnes Steis Stovall Sullivan Taylor Thompson, A. W. Thompson, R. Townsend Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Wells Wiggins Williams, G. J. Williams, W. M. Wood
Those not voting were Messrs.:
Alien Barber Bean Bowen Brantley Caldwell Carr Gates Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Conner Cox Doster Egan Evensen
Fleming Floyd Fulford Grier Harrell Henderson Higginbotham Hill Howard Howell Hull Jones, C. M. Knight Land Lane Leonard Lovett
Maddox McCracken McDaniell Melton NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Oglesby Overby Peterson Reaves Reid Richardson Rowland Russell Smith, A. B.
2366
Smith, G. L. II Smith, J. R. Smith, W. L. Snellings Story
JOURNAL OF THE HOUSE,
Thomas Tucker Ware Watkins Webb
Westlake Wilson, J. M. Mr. Speaker
On the adoption of the amendment, the ayes were 30, nays 110.
The amendment was lost.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Alien Bagby Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brackin Brantley Brinkley
Brown, B. D. Brown, C. Brown, M. P. Busbee Byrd Caldwell Carley Carnes Carr Chandler Clark, J. T. Colwell Conger Conner
Cook Cox Crowe Dailey Daugherty Davis Dean Dickinson Dillon Dollar Drew Duncan Egan Etheridge Evensen Farrar Fleming Fulford Funk
Gary Gaynor Gignilliat Grahl Hadaway Hale Hamilton Harrell Harrington
Harris, J. F.
Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Hill Holder Hood Houston Hull Hutchinson Irvin
Jones, M. Jordan, W. H. Kiley Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lovell Lowrey M alone Marshall Matthews, C. Mauldin McClatchey
Merritt Minge Moore, Don C. Moore, J. H. NeSmith, J. D. Newton, A. S. Odom Otwell Palmer Paris Parrish Peterson Phillips Pickard Powers Reid Roach Ross Rowland
FRIDAY, FEBRUARY 18, 1966
2367
Rush
Savage Sherman Shields Sims Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Stovall Taylor
Thompson, A. W. Thompson, R. Townsend
Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watson Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wood
Those voting in the negative were Messrs.:
Abney Anderson Bryant DeLong Dorminy Elliott Gaissert Herndon
Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jordan, Ben C. Knapp Lewis Matthews, D. R. Mitchell
Mixon Murphy Pafford Simkins Sullivan
Sweat Thomas Watkins
Those not voting were Messrs.:
Barber Bowen Gates Clarke, H. G. Collins, J. F. Collins, M. Dixon Doster Floyd Grier Higginbotham Howard Howell
Jones, C. M. Knight Land Lane Leonard Lovett Maddox McCracken McDaniell Melton Nessmith, P. Newton, D. L. Oglesby
On the Resolution, the ayes were 143, nays 24.
Overby Parker Rainey Reaves Richardson Russell Smith, J. R. Story Westlake Wilson, R. W. Mr. Speaker
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
2368
JOURNAL OF THE HOUSE,
Mr. Barber of the 24th requested that he be recorded as having voted "aye" on the adoption of SE 25.
SR 27. By Senators Gillis of the 20th and Smith of the 18th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the Department of Industry and Trade to participate in the operation of certain facilities for the promotion of tourism in the State of Georgia; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article V of Section X of the Constitution is hereby amended by adding at the end of Section X a new Paragraph to be numbered Paragraph II and to read as follows:
"Paragraph II. In addition to such powers and duties as may from time to time be conferred upon the Board of Commissioners and the Department of Industry and Trade, the Board of Commis sioners shall be authorized to participate with any county, munici pality, non profit organization, or any combination thereof, in the operation of any of the facilities operated by such agencies for the purpose of encouraging and promoting tourism in this state, not withstanding any other provisions of this Constitution to the contrary."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the Department of Industry and Trade to participate
NO ( ) in the operation of certain facilities for the promo tion of tourism in the State of Georgia?"
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
FRIDAY, FEBRUARY 18, 1966
2369
State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Byrd Caldwell Carley Carnes Gates Clark, J. T. Collins, J. F. Colwell Conner Crowe Dailey Dean DeLong Dickinson Dillon Dixon Dortniny Drew Duncan
Elliott Evensen Farrar Fleming Fulford Funk Gary Gaynor Gignilliat Grahl Grier Hadaway Harrell Harris, J. P. Harris, J. R. Harrison Herndon Higginbotham Hill Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knapp Lambros Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S.
Lewis Longino Lovell Lowrey Maddox Malone Marshall Mauldin McClatchey McCracken Merritt Minge Mixon Moore, Don C. Moore, J. H. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Parker Parrish Peterson Phillips Powers Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Sherman Shields
2370
Sims Smith, A. B. Smith, J. R. Smith, V. T. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart
JOURNAL OF THE HOUSE,
Story Stovall Sullivan Sweat Taylor Thompson, A. W. Thompson, R. Town send Tucker Tye Underwood Vaughan, D. N.
Vaughn, C. R. Walling Ware Watkins Watson Webb
Wells Westlake Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Anderson Bowen Bryant Busbee Carr Chandler Clarke, H. G. Collins, M. Conger Cook Cox Daugherty Davis Dollar Doster Egan Etheridge
Floyd
Gaissert Hale Hamilton Harrington Harris, R. W. Hawkins Henderson Howard Jones, C. M. Kiley Knight Lambert Lane
Leonard Levitas Lovett Matthews, C. Matthews, D. R. McDaniell
Melton Mitchell Murphy NeSmith, J. D. Nessmith, P. Odom Paris Pickard Reid Simkins Smith, G. L. II Smith, W. L. Thomas Wiggins Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 149, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
SB 141. By Senators Rowan of the 8th and Carter of the 14th:
A Bill to be entitled an Act to amend Code Section 68-201 so as to provide that said sections shall not apply to four-wheel trailers with no springs, and for other purposes.
The following substitute, offered by Mr. Williams of the 16th, was read and adopted:
A BILL
To be entitled an Act to amend Code Section 68-201 of the Code of Georgia, as amended, and to amend an Act approved December 24, 1937
FRIDAY, FEBRUARY 18, 1966
2371
(Ga. Laws 1937-38, Ex. Sess., p. 259), as amended, and codified as Sec tion 92-2902 of the Code of Georgia, both of which relate to the registra tion and the licensing of motor vehicles, so as to provide that said Sections shall not apply to certain four wheel trailers with no springs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Section 68-201 of the Code of Georgia, as amended, particularly by an Act approved March 2, 1953 (Ga. Laws 1953, Jan.Feb. Sess., p. 392), by an Act approved March 15, 1957 (Ga. Laws 1957, p. 590), and an Act approved March 7, 1960 (Ga. Laws 1960, p. 777), is hereby amended by adding at the end thereof the following proviso:
"Provided further that the provisions of this Section shall not apply to any four wheel trailer that has no springs and is being employed in hauling unprocessed farm products to their first market destination."
Section 2. Said Act is further amended by striking Section 5 of the Act approved December 24, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 259), as amended, and codified as Section 92-2902 of the Code of Georgia in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"(5) Private trailers. For each private trailer, except farm trailers, house trailers, auto trailers, boat trailers and four wheel trailers with no springs which are being employed in hauling un processed farm products to their first market destination, the annual license fee shall be $10."
Section 3. Said Act is further amended by adding after Section 6 and before Section 7 of the Act approved December 24, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 259), as amended, and codified as Section 92-2902 of the Code of Georgia a new Section to be designated Section 6A to read as follows:
"Section 6A. Four wheel trailers with no springs. There shall be no fee for four wheel trailers with no springs which are being employed in hauling unprocessed farm products to their first market destination."
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, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
2372
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Byrd Caldwell Carley Carnes Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Crowe Dailey Daugherty Davis Dean DeLong Dickinson
Dillon
Dixon
Dorminy
Drew
Duncan
Etheridge
Evensen
Farrar
Fleming
Fulford
Funk
Gaissert
Gary
Gaynor
Gignilliat
Grahl
Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Herndon Higginbotham Holder Howell Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M . Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Lovell Lowrey Maddox Malone Matthews, C. Matthews, D. R.
Mauldin
McClatchey
McCracken
Merritt
Minge
Mixon Moore, Don C.
Moore, J. H.
Murphy Nessmith, P.
Newton, A. S.
Newton, D. L.
Odom
Oglesby
Otwell
Overby
Pafford Palmer Paris Parker Parrish Phillips Powers Rainey Reaves Richardson Roach Ross Rush Russell Savage Sherman Shields Sims Smith, A. B. Smith, J. R. Smith, V. T. Smith, W. L. Snow Spikes Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thompson, A. W. Thompson, R. Tucker
Tye Underwood
Vaughan, D. N.
Vaughn, C. R.
Walling
Ware
Watkins
Watson
Webb
Wells
Westlake
Williams, W. M.
Wilson, R. W.
Wood
FRIDAY, FEBRUARY 18, 1966
2373
Those not voting were Messrs.:
Anderson Bean Bowen Brackin Bryant Busbee Carr Colwell Conger Conner Cook Cox Dollar Doster Egan Elliott Floyd Grier
Hadaway Hale Harris, R. W. Hawkins Henderson Hill Hood Houston Howard Irvin Knight Leonard Levitas Longino Lovett Marshall McDaniell Melton
Mitchell NeSmith, J. D. Peterson Pickard Reid Rowland Simkins Smith, G. L. II Snellings Spillers Stalnaker Thomas Townsend Wiggins Williams, G. J. Wilson, J. M. 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.
SR 70. By Senators Smith of the 18th, Adams of the 26th and Carter of the 14th:
A Resolution relating to the Georgia Ports Authority, and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating the Rivers and Harbors Development Commission of the State of Georgia; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a Commission in the Executive Branch of the State of Georgia which shall hereafter for all purposes be designated and known as the Rivers and Harbors Development Com mission of the State of Georgia. The Rivers and Harbors Development Commission of the State of Georgia shall have as its members the Governor of Georgia, the Auditor of the State of Georgia, and the At torney General of Georgia. Said Commission shall have the power and authority to sponsor and participate in projects for the deepening, widening and improving of river channels for navigational and other purposes. Said projects contributing to the general welfare and benefit
2374
JOUENAL OF THE HOUSE,
of the State of Georgia and being projects approved by the Congress of the United States of America. For the purpose of carrying out the intentions of this Resolution said Commission shall have the authority and power to enter into contracts and agreements with the United States of America, its agencies and authorities and with the various govern mental subdivisions of the State of Georgia. Prior to entering into any such contracts or agreements they shall first be approved by the At torney General of the State of Georgia and shall not contravene any laws and statutes of this State.
The report of the Committee, which was favorable to the passage of the Bill, Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Barber Barfield Bean Bedgood Bennett Berry Black Blalock Brackin Brinkley Brown, B. D.
Brown, C. Brown, M. P. Byrd Caldwell Car ley Games Gates Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Crowe Dailey Daugherty Davis
Dean DeLong Dickinson Dillon Dixon Drew Duncan Ether idge Evensen Farrar Fleming Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Harrell Harris, J. F. Harris, J. R. Harrison Herndon Higginbotham Hill Holder Hood Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B.
Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Land
Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Longino
Lovell Lowrey Maddox Malone Matthews, C. Matthews, D. R. Mauldin McCracken Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odoni Oglesby
Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reaves Richardson Roach Ross Rush
Russell Sherman
FRIDAY, FEBRUARY 18, 1966
2375
Shields Sims Simkins Smith, A. B. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat
Taylor Thompson, A. W. Thompson, R. Tucker
Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Webb Wells Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bagby Blair Bowen Brantley Bryant Busbee Carr Chandler Conner Cook Cox Dollar Dorminy Doster Egan Elliott Floyd Grier
Hadaway Hale Hamilton Harrington Harris, R. W. Hawkins Henderson Houston Howard Knight Lane Leonard Levitas Lovett Marshall McClatchey McDaniell Melton
Merritt Mitchell Newton, D. L. Pickard
Reid Rowland Savage Smith, G. L. II
Smith, J. R. Thomas Townsend Underwood Westlake Wiggins Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, by substitute, the ayes were 151, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
SR 74. By Senators Broun of the 46th, Carter of the 14th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to appropriate funds to any State department or
2376
JOURNAL OF THE HOUSE,
other State agency for the purpose of being used to obtain funds from the Federal Government for education scholarships, educational loans and other educational purposes and to authorize such State departments and other State agencies to use the funds so appropriated and the funds received from the Federal Government for the purposes authorized and directed by the Federal Government in making such funds available; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding a new paragraph immediately following the paragraph relating to the State Scholarship Commission, to read as follows:
"The General Assembly is hereby authorized to appropriate funds to any State department or other State agency for the pur pose of being used to obtain funds from the Federal Government for educational scholarships, educational loans and other educa tional purposes and all such State departments and other State agencies shall be authorized to use the funds so appropriated and the funds received from the Federal Government for the purposes authorized and directed by the Federal Government in making such funds available."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to appropriate funds to any State department or other State agency for the pur pose or being used to obtain funds from the Federal Government for educational scholarships, educational
NO ( ) loans and other educational purposes and to author ize such State departments and other State agencies to use the funds so appropriated and the funds re ceived from the Federal Government for the purposes authorized and directed by the Federal Government in making such funds available?"
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
FRIDAY, FEBRUARY 18, 1966
2377
State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander
Alien Anderson Bagby Barber Bean Bedgood Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Byrd Car ley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Colwell Conger Crowe Dailey Daugherty Dean DeLong Dickinson Dillon Dixon
Dorminy Doster Drew Duncan Etheridge Evensen Farrar Fleming Fulford Funk Gary Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Hill Holder Hood Houston Howell Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Kiley Lambert Land
Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino
Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. McCracken Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Roach
2378
Ross Rush Russell Sherman Shields Sims Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Snow Spillers Stalnaker
JOURNAL OF THE HOUSE,
Starnes Steis Stewart Story Stovall Sweat Taylor Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood
Vaughan, D. N. Vaughn, C. R. Watkins Watson Wehb Wells Wiggins Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Barfield Bennett Bo wen Brantley Bryant Busbee Caldwell Conner Cook Cox Davis Dollar Egan Elliott Floyd Gaissert Hale Harris, R. W.
Henderson Higginbotham Howard Irvin Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knapp Knight Lambros Leonard Lovett Mauldin McClatchey McDaniell Melton Mitchell Newton, D. L.
Pickard Rainey Reid Richardson Rowland
Savage Simkins Smith, A. B. Smith, J. R. Spikes Sullivan
Thomas Walling Ware Westlake Williams, G. J. Mr. Speaker
On the adoption of the Resolution, the ayes were 151, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
SB 159. By Senator Dean of the 6th: A Bill to be entitled an Act to ban nudism, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to declare that the practice of nudism or the participation in the practice of nudism in any manner whatsoever shall
FRIDAY, FEBRUARY 18, 1966
2379
be against the public policy of the State of Georgia; to provide defini tions of nudism; to provide that it shall be unlawful for any person to engage in the practice of nudism or to participate in the practice of nudism in any manner whatsoever; to provide a penalty; to provide for sever ability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The practice of nudism as defined in this Act or the participation in the practice of nudism in any manner whatsoever is hereby declared against the public policy of the State of Georgia.
Section 2. (a) For the purposes of this Act, the word "nudism" shall mean any cult or practice of persons living unclothed for the reason of health or for any other reasons whatsoever.
(b) For the purposes of this Act, the word "nudism" shall also mean the practice of any act or acts wherein the external genital organs or anus of a male are constantly and completely exposed to any two or more female persons over the age of 16 other than the immediate family of such male.
(c) For the purpose of this Act, the word "nudism" shall also mean the practice of any act or acts wherein the external genital organs, anus or breast of a female are constantly and completely exposed to any two or more male persons over the age of 16 other than the immediate family of such female.
Section 3. It shall be unlawful for any person to engage in the practice of nudism as defined in this Act or to participate in the prac tice of nudism as defined in this Act in any manner whatsoever, and upon conviction thereof shall be guilty of a misdemeanor and shall be punished as provided by law.
Section 4. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or uncon stitutional, such adjudication shall in no manner affect the other sec tions, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
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JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Adams Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brackin Brantley Brinkley Brown, C. Brown, M. P. Bryant Byrd Caldwell Car ley Carnes Carr Chandler Clarke, H. G. Clark, J. T. Collins, M. Colwell Conger Cox Crowe Dailey Davis Dean DeLong Dickinson Dillon Dixon Dorminy Doster Drew Egan Elliott Evensen Farrar Fleming Funk Gaissert Gary Gaynor Gignilliat Grahl
Hadaway Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Hill Holder Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Land Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lowrey Maddox M alone Marshall Matthews, C. Mauldin McCracken Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L.
Oglesby Otwell Overby Pafford Palmer Paris Parrish Peterson Phillips Powers Reaves Richardson Roach Ross Rush Russell Savage Sherman Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Townsend Tucker Tye Underwood Vaughan, D. N. Walling Watkins Watson Webb Wells Westlake Williams, W. M. Wilson, R. W. Wood
FRIDAY, FEBRUARY 18, 1966
2381
Voting in the negative were Messrs. Duncan, Murphy and Odom.
Those not voting were Messrs.:
Abney Alexander Bowen Brown, B. D. Busbee Gates
Collins, J. F. Conner Cook Daugherty Dollar Etheridge Floyd Fulford
Grier
Hale Hamilton Henderson Jones, C. M. Knight Lambros Lane Levitas Lovett Matthews, D. R. McClatchey McDaniell Mitchell Parker Pickard
Rainey Reid Rowland
Shields Smith, A. B. Smith, J. R. Snow Thompson, R. Vaughn, C. R.
Ware Wiggins Williams, G. J. Wilson, J. M. Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 157, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Messrs. Abney of the 1st and Grier of the 132nd requested that they be re corded as having voted "aye" on the passage of SB 159, by substitute.
Mr. Duncan of the 4th stated that he inadvertently voted "nay" on the passage of SB 159, by substitute. He meant to vote "aye".
SB 158. By Senator Fincher of the 51st:
A Bill to be entitled an Act to amend Code Section 84-1318 so as to provide that drugs shall not be dispensed except under certain condi 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.:
Adams Alexander Anderson
Bagby Barber Barfield
Bean Bedgood Bennett
2382
Berry Black Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Byrd Caldwell Carley Games Carr Chandler Clarke, H. G. Clark, J. T. Collins, M. Colwell Conger Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dorminy Drew Duncan Etheridge Evensen Farrar Fleming Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrington Harris, J. F.
JOURNAL OF THE HOUSE,
Harris, J. R. Harris, R. W. Harrison Hawkins Higginbotham Hill Holder Hood Houston Howard Howell Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Land Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Lovell Lowrey Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer
Paris Parker
Parrish Peterson Phillips Pickard Powers Rainey Reaves Richardson Roach Rush Russell Savage Sherman Simkins Smith, A. B. Smith, V. T. Smith, W. L. Snellings Spikes Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W.
Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watson Webb Wells Westlake Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Voting in the negative was Mr. Dollar.
FRIDAY, FEBRUARY 18, 1966
2383
Those not voting were Messrs.:
Abney Alien Bowen Busbee Gates Collins, J. F. Conner
Cook Cox Doster Egan Elliott Floyd Fulford Harrell Henderson
Herndon Irvin Jones, C. M. Jordan, W. H. Knight Lambert Lambros
Lane Lea, F. R. Levitas Longino Lovett Matthews, D. R. McDaniell Mitchell NeSmith, J. D.
Reid Ross Rowland Shields Sims Smith, G. L. II Smith, J. R.
Snow Spillers Underwood Watkins Wiggins Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 157, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 76. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend the Eminent Domain-Condemna tion Proceedings Before a Special Master Act so as to provide a method of perfecting service on 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.:
Adams Alexander Anderson Barber Barfield Bennett Berry Black Blair Brackin
Brinkley Brown, B. D. Bryant Byrd Caldwell Carley Games Carr Gates Chandler
Clarke, H. G. Collins, J. F. Colwell Crowe Dailey Daugherty DeLong Dillon Dixon Doster
2384
JOURNAL OF THE HOUSE,
Drew Egan Elliott Etheridge Evensen Farrar Fleming Gaissert Gary Gaynor Gignilliat Grahl Hadaway Hale Harrell Harrington Harris, J. P. Harris, J. R. Harris, R. W. Hawkins Herndon Higginbotham Hill Holder Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Lambert Land
Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Parker Parrish Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach
Rush Russell Sherman Shields Sims Simkins Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watson Webb Wells Westlake Wigging Williams, G. J. Wilson, R. W. Wood
Voting in the negative were Messrs. Bagby, Harrison and Paris.
Those not voting were Messrs.:
Abney Alien Bean Bedgood Blalock Bo wen Brantley Brown, C. Brown, M. P.
Busbee Clark, J. T. Collins, M. Conger Conner Cook Cox Davis Dean
Dickinson Dollar Dorminy Duncan Floyd Fulford Funk Grier Hamilton
Henderson Johnson, B. Jones, C. M. Jordan, W. H. Knapp Knight Lambros Lane Lea, F. R. Leonard Lovett
FRIDAY, FEBRUARY 18, 1966
2385
Lowrey Maddox McCracken Mitchell Murphy NeSmith, J. D. Nessmith, P. Ross Rowland Savage Smith, A. B.
Smith, G. L. II Smith, J. R. Smith, V. T. Snow Sweat Watkins Williams, W. M. Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 143, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 134. By Messrs. Lane and Nessmith of the 64th and others:
A Bill to be entitled an Act to amend an Act relating to the creation of the office of solicitor-general emeritus, and for other purposes.
Mr. Lane of the 64th moved that the House recede from its position in dis agreeing to the Senate amendment.
The motion prevailed and the House receded.
The following Senate amendment was read:
The Senate Retirement Committee moves to amend HB 134 as follows:
In Section 1 so that the quoted proviso to be added at the end of Section 9 of the Act being amended reads as follows:
"Provided further, however, that in computing years of service as a solicitor general for any purpose under this Act, any time served by a solicitor-general as a judge of any city court from which appeals can be taken direct to the Court of Appeals of this State may be counted in computing the number of years of service required of any solicitor general if he shall pay into the retirement fund the maximum payment provided by this Act for each year of service actually served as such a judge, plus interest on each such
2386
JOURNAL OP THE HOUSE,
payment at the rate of 6% per annum, such payment to be made within six months after the approval of this Act, or within six months after taking office as a solicitor general, whichever is later in point of time, except that any solicitor general claiming any credit for service as such a judge as authorized by this proviso shall not be entitled to any retirement benefits from the retirement fund un der this Act until he has reached the age of 60 years, but this exception shall not otherwise affect the eligibility of such solicitor general to become solicitor general emeritus prior to reaching the age of 60."
Mr. Lane of the 64th moved that the House agree to the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Anderson Barber Barfield Bedgood Bennett Berry Black Blalock Brackin Brantley Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Caldwell Carley Carnes Carr Collins, J. P. Colwell Crowe Dailey Daugherty DeLong Dickinson Dillon Dixon Drew Duncan
Etheridge Fleming Funk Gaissert Gary Gaynor Gignilliat Grahl Hadaway Hamilton Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Higginbotham Hill Hood Houston Howard Howell Hull Hutchinson Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Lambert Land Lane
Lea, F. R.
Lee, W. S. Lewis Longino Lovell Maddox Malone
Marshall Matthews, C.
Matthews, D. R. McClatchey McCracken Merritt Minge
Mixon Moore, Don C. Murphy
NeSmith, J. D. Nessmith, P.
Newton, A. S. Odom
Oglesby Otwell Overby
Pafford Palmer Paris Parker Parrish Phillips
Powers
Rainey Reaves Reid
Roach Ross Rowland Sherman Sims Simkins Smith, V. T. Smith, W. L. Snellings Snow Spikes
FRIDAY, FEBRUARY 18, 1966
2387
Starnes Steis Stewart
Stovall Sullivan Sweat Taylor Thompson, A. W. Tucker Tye Vaughan, D. N.
Vaughn, C. R. Watkins Watson Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wood
Those not voting were Messrs. :
Bagby Bean Blair Bowen Brown, C. Byrd Gates Chandler Clarke, H. G. Clark, J. T. Collins, M. Conger Conner Cook Cox Davis Dean Dollar Dorminy Doster Egan Elliott Evensen Farrar
Floyd Fulford Grier Hale Harrell Harrington
Holder Irvin Johnson, Dr. A. S, Johnson, B. Jordan, W. H. Knight Lambros Lee, W. J. (Bill) Leonard Le vitas Lovett Lowrey Mauldin McDaniell Melton Mitchell Moore, J. H. Newton, D. L.
Peterson Pickard Richardson Rush Russell Savage Shields Smith, A. B. Smith, G. L. II Smith, J. R. Spillers Stalnaker Story Thomas Thompson, R. Townsend Underwood Wallins Ware Westlake Wilson, R. W. Mr. Speaker
On the motion to agree, the ayes were 134, nays 0.
The Senate amendment to HB 134 was agreed to.
Mr. Speaker:
The Senate insists on its position and respectfully asks that a Committee of Conference be appointed on the following Bill of the House to-wit:
HB 320. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th and others:
A Bill to fix the salary of the judge of the juvenile court in certain counties; and for other purposes.
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JOURNAL OF THE HOUSE,
The President has appointed as a Committee of Conference on the part of the Senate: Senators Sanders of the 41st, Johnson of the 42nd and Miller of the 43rd.
The Senate insists on its position and respectfully asks that a Committee of Conference be appointed on the following Bill of the House to-wit:
HB 134. By Messrs. Lane and Nessmith of the 64th, Parker of the 55th and others:
A Bill to amend an Act relating to the creation of the office of solicitorgeneral emeritus, so as to provide that any time served hy 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 gen eral by said Act; and for other purposes.
The Senate has agreed to the House amendments to the following Bills of the Senate to-wit:
SB 183. By Senators Webb of the llth, Smith of the 18th, Gillis of the 20th and Rowan of the 8th:
A Bill to create Fiscal Affairs Subcommittees of the Senate and the House of Representatives; to provide for the composition, duties, pow ers and meetings of such subcommittees; to provide for funds; to repeal conflicting laws; and for other purposes.
SB 157. By Senators Padgett of the 23rd, Holley of the 22nd:
A Bill to provide that in all counties of this State having a certain population the senior judge of the superior court of said counties shall be authorized and empowered to appoint a jury clerk to serve at the pleasure of said judge; and for other purposes.
SB 38. By Senator Webb of the llth:
A Bill to provide procedures for searches and seizures and for sup pression of evidence illegally seized; and for other purposes.
SB 78. By Senators Rowan of the 8th and Jackson of the 16th:
A Bill to provide for pre-need funeral service contracts; to provide a declaration of policy; to provide for definitions; to provide for the administration and enforcement of this Act by the Comptroller Gen eral; to provide for forms and regulations; to provide for certificates of authority; and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2389
SB 202. By Senator Minish of the 48th:
A Bill to abolish the present mode of compensating the sheriff of Jack son County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officers shall become the property of the county; and for other purposes.
SB 196. By Senator Minish of the 48th:
A Bill to amend an Act creating a new charter for the town of Maysville, as amended, so as to change the date of the election for mayor and aldermen; and for other purposes.
The Senate adopts the reports of the Committee of Conference on the fol lowing Bills of the Senate to-wit:
SB 88. By Senators Holley of the 22nd, Kidd of the 25th and Noble of the 19th and others:
A Bill to provide for the incorporation of regulated certificated banks; and for other purposes.
SB 89. By Senator Holley of the 22nd:
A Bill to amend Code Sec. 13-204 relating to private banks or private bankers, as amended; and for other purposes.
SB 1. By Senator Webb of the llth:
A Bill to provide that the holding, owning, having in possession of or paying tax for a wagering occupational tax stamp or a coin operated gambling device tax stamp issued by the Internal Revenue authorities of the United States shall be prima facie evidence in all the courts of this State against the person holding such stamp in any prosecution of the gambling laws of this State; and for other purposes.
SB 182. By Senators Plunkett of the 30th, Coggin of the 35th and others:
A Bill to provide for a method in addition to existing methods, for the annexation of contiguous territory to incorporated municipalities upon the application of not less than 60% of the owners representing at least 60% of the land area included in such application; and for other purposes.
The Senate insists on its position and respectfully asks that a Committee of Conference be appointed on the following Bill of the House to-wit:
2390
JOURNAL OF THE HOUSE,
HB 95. By Mr. Carnes of the 129th:
A Bill to amend an Act authorizing the Commissioners of Roads and Revenues of Fulton County to provide group insurance for all regular County employees, so as to change the provisions relative to the pay ment of premiums; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Thompson of the 34th, Coggin of the 35th and Johnson of the 38th.
The Senate insists on its position and respectfully asks a Committee of Conference be appointed on the following Resolution of the Senate to-wit:
SR 70. By Senators Smith of the 18th, Adams of the 26th:
A Resolution authorizing and directing the Georgia Ports Authority to execute a local assurer agreement with the United States Corps of Engineers and the County of Chatham; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Smith of the 18th, Adams of the 26th and Searcey of the 2nd.
The Senate has agreed to the House substitute to the following Bill of the Senate:
SB 141. By Senators Rowan of the 8th and Carter of the 14th: A Bill to amend Code Section 68-201, as amended, so as to provide that said Sections shall not apply to four wheel trailers with no springs; and for other purposes.
His Excellency, Governor Carl E. Sanders, accompanied by his distinguished Committee of Escort, appeared upon the Floor of the House and delivered the following address:
I come before you today with the mixed emotions of pride and sadness.
I am more than proud of the record that we, you and I as a team, have written on the legislative books of Georgia this year, and of the record which the executive-legislative team has compiled in the past four regular sessions of the General Assembly.
Georgia has entered a new age and her government has been re vitalized to meet the challenges of this modern era. Together we have taken the necessary steps that put our beloved State on the road to progress and growth.
FRIDAY, FEBRUARY 18, 1966
2391
Of this I am proud.
But there is a sadness in my heart today as well, for this marks the final time that I will have the privilege of standing before this distinguished body during these wonderful and memorable four years as Governor.
For a dozen years and more, I have shared with many of you the responsibilities, the duties, the heart-aches, and the joys of public service.
I am not ashamed to say that these have been the most meaningful years of my life. It has been my opportunity, my pleasure and my enrichment to come to know as my friends and colleagues, you, the elected representatives of the people of Georgia.
To those of you in this Chamber, and to your predecessors who are not with us today, I can only say "thank you" for the privilege of your friendship, and the great good you have done for Georgia while I have served as her Chief Executive.
The richness of our State is best measured in the service rendered by our citizens. One of civilization's greatest leaders--Rousseau, said, and I quote:
"As soon as public service ceases to be the chief business of the citizens, and they would rather serve with their money than with their persons, the state is not far from its fall."
My friends, Georgia is far from its fall, for its citizens are out standing in their public service. You, yourselves, have demonstrated this truth. Many of you worked long and hard, and spent far more money than you will receive to win your post in this body--and for only a one-year term.
You and I both know of many examples in this Capitol Building of unselfish devotion to best interests of Georgia.
After our service this year, we will return to our homes across Georgia. Some of us will return to private business and our profes sions . . . while others of us may remain in public service.
But I know that every one in this Chamber can return to the people and stand on a record of outstanding accomplishment for Georgia.
Regardless of what tasks you undertake in the years to come, I am confident that you will never forsake public responsibilities for private pleasures.
I have worked with you many weeks; indeed, with some of you for many years, and I know of your love for Georgia and your willing ness to sacrifice what some would call "The easy life" for the rigorous demands of civic duty.
This is a love that I know well from my own experience. It was once beautifully expressed in only two lines of a poem. I quote:
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JOURNAL OF THE HOUSE,
"I vow to thee, my country--all earthly things above--
Entire and whole and perfect, the service of my love."
My friends, as Governor of Georgia, I thank you for your service to our State and for the love you have given it.
As Carl Sanders, I thank you for the cooperation, for the assistance, and for the friendship you have given me.
I am certain that our associations will long continue, and that Georgians will long reap the benefits of our service together.
And now, in words both ancient and eternal, I bid you: "Hail, and farewell!"
The following Bill of the Senate was taken up for the purpose of consider ing the report of the Committee of Conference thereon:
SB 1. By Senator Webb of the llth:
A Bill to be entitled an Act to provide that the holding of a gambling stamp is prima facie evidence of having broken the laws of this State prohibiting gambling; and for other purposes.
The following report of the Committee on Conference was read:
The Conference Committee on SB 1 recommends that the Senate and the House of Representatives both recede from their positions and that the attached substitute Bill to SB 1 be adopted.
Respectively submitted,
For the House of Representatives Elliott H. Levitas Representative, 118th District George D. Busbee Representative, 79th District William E. Blair Representative, 68th District
For the Senate
Ben F. Johnson Senator, 42nd District
Julian Webb Senator, llth District
Kyle Yancey Senator, 33rd District
FRIDAY, FEBRUARY 18, 1966
2393
A BILL
To be entitled an Act to provide for more effective enforcement of the gambling and lottery laws of this State by providing that the hold ing, owning, having in possession of or paying the tax for a wagering occupational tax stamp, as provided in 26 U.S. Code, Section 4411, issued by the Internal Revenue Authorities of the United States shall be held in all the courts of this State as prima facie evidence of guilt of the person holding such stamp in a prosecution of such person for violation of the gambling or lottery laws of this State; to provide that the holding, owning, having in possession of a stamp or other evidence of paying or paying the tax on coin-operated gaming devices as pro vided in 26 U.S. Code 4461 for devices defined by 26 U.S. Code Section 4462 (a) (2) shall be prima facie evidence of guilt of such person for violation of the lottery laws of this State; to provide for a report by the Revenue Commissioner of this State to various law enforcement agencies of this State of persons paying the taxes on coin-operated gambling devices as provided in 26 U.S. Code 4461; to provide an effec tive date; to repeal conflicting laws; to provide severability; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The holding, owning, having in possession of or paying the tax for a wagering occupational tax stamp, as provided in 26 U.S. Code Section 4411, issued by the Internal Revenue authorities of the United States after July 1, 1966, shall be held in all courts of this State as prima facie evidence of guilt of the person paying the tax or holding, owning or possessing such stamp in any prosecution of such person for violation of the gambling or lottery laws of this State, as the same appear in Section 26-6401 through 26-6409, (inclusive) Georgia Code of 1933, and an Act relating to the gambling on athletic contests, approved March 27, 1947 (Ga. Laws 1947, p. 1139), and the lottery laws of this State as the same appear in Section 26-6501 through 26-6503, (inclusive) of the Georgia Code of 1933. This section shall apply only with respect to alleged violations of such laws occurring after July 1, 1966.
Section 2. The payment of tax on coin-operated gaming devices, as provided in 26 U.S. Code Section 4461 for devices defined by 26 U.S. Code Section 4462 (a) (2), or the holding, owning or possessing of any stamp, receipt or other evidence of the payment of such tax issued by Internal Revenue Authorities of the United States after July 1, 1966, shall be held in all courts of this State as prima facie evidence of guilt of the person paying such tax or holding, owning or possessing such stamp or other evidence of payment of such tax in any prosecution of such person for violation of the lottery laws of this State as the same appears in Section 26-6501 through 26-6503, (inclusive) of the Georgia Code of 1933. This section shall apply only with respect to alleged violations of such laws occurring after July 1, 1966.
Section 3. The Commissioner of Revenue for the State of Georgia shall annually, not later than August 15th of each year, ascertain what person or persons have been issued, or hold, own, possess, or are paying the taxes on a coin-operated gambling device or devices, as provided in
2394
JOURNAL OF THE HOUSE,
26 U.S. Code 4461, issued by the Internal Revenue authorities of the United States, and said Commissioner of Revenue shall report this fact or facts in writing to all law enforcement agencies seated in the county of the residence of such person holding, owning, having in possession of, or paying the aforesaid taxes.
Section 4. The provisions of this Act shall become effective on July 1, 1966.
Section 5. If any clause, sentence, section or other part of this Act shall be held unconstitutional, or invalid, the same shall not have the effect of invalidating any other part thereof.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Busbee of the 79th moved that the House adopt the report of the Com mittee of Conference.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alexander Anderson Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Games Carr Chandler Clarke, H. G. Collins, J. P. Colwell Conner Cook
Cox Crowe Dailey Daugherty Dean DeLong Dickinson Dillon Doster Drew Duncan Egan Etheridge Farrar Fleming Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R.
Harris, R. W. Harrison Hawkins Henderson Herndon Hill Hood Howard Howell Hutchinson Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp
Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Maddox Malone
FRIDAY, FEBRUARY 18, 1966
2395
Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Minge Mitchell Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris
Parrish Peterson Phillips Powers Reaves Richardson Roach Rowland Savage Sherman Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis
Story Stovall Sullivan Taylor Thompson, A. W. Thompson, R. Townsend Tucker
Tye
Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watson Webb Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M.
Those voting in the negative were Messrs.:
Brantley Caldwell Clark, J. T. Dorminy Grahl Hadaway Higginbotham
Hull Johnson, Dr. A. S. Lambert Leonard Lovell Marshall Rainey
Reid Smith, J. R. Stewart Thomas Wilson, R. W.
Those not voting were Messrs.:
Abney Alien Bagby Bean Bo wen Gates Conger Davis Dixon Dollar Elliott Evensen
Floyd Holder Houston Knight Lambros Land Lane Lovett McClatchey Mixon Murphy Parker
Pickard Ross Rush Russell Smith, A. B. Snow Sweat Watkins Westlake Wood Mr. Speaker
On the motion to adopt, the ayes were 150, nays 19.
The report of the Committee of Conference on SB 1 was adopted.
2396
JOURNAL OF THE HOUSE,
Mr. Abney of the 1st requested that he be recorded as voting "aye" on the adoption of the report of the Committee of Conference on SB 1.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
SB 182. By Senators Plunkett of the 30th, Coggin of the 35th and Broun of the 46th: A Bill to be entitled an Act to provide for the annexation of contiguous territory to incorporated municipalities; and for other purposes.
The following report of the Committee of Conference was read:
Mr. President:
Mr. Speaker:
The Conference Committee on SB 182 has met and recommends the adoption of the following report:
1. That the Senate recede from its position on all amendments;
2. that the House recede from its position on amendment No. 6 by Mr. Paris of the 23rd District; and
3. that the attached new Section be adopted and appropriately numbered.
Respectfully submitted, Lamar R. Plunkett Senator, 30th District Stanley E. Smith, Jr. Senator, 18th District Frank E. Coggin Senator, 35th District William S. Lee Representative, 79th District Thomas B. Murphy Representative, 26th District William J. Wiggins Representative, 32nd District
Section .,,___. Within thirty (30) days of the effective date of the ordinance annexing such land to the municipality, any resident elector of the area so annexed or of the municipality, or any property owner
FRIDAY, FEBRUARY 18, 1966
2397
of such area or of the municipality, may bring a petition for declara tory judgment in the superior court of the county of the legal situs of the annexing municipality to determine the validity, in accordance with this Act, of the application and the municipality's action thereon. Whenever such a petition is filed the municipal governing body shall file with the court the record of their official actions in regard to such application and a certified copy of the annexing ordinance.
The judgment of the court on any such petition may declare the annexation ordinance null and void upon a finding that the application, and the municipality's action thereon, are not in substantial compli ance with this Act. Upon a finding that procedural defects or defects in the plan for service to the annexed area exist, the court shall, where possible, frame a judgment to perfect such defect and uphold the ordi nance.
Actions provided for in this section shall be in accordance with the Declaratory Judgment Act, and any aggrieved party may obtain a re view of a final judgment under this section as by law in other cases provided.
Mr. Wiggins of the 32nd moved that the House adopt the report of the Committee of Conference.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Anderson Bedgood Berry Black Blair Blalock Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Carnes Carr Gates Clarke, H. G. Collins, J. F.
Collins, M. Colwell Cook Dailey Daugherty DeLong Dickinson Dillon Dorminy Doster Drew Duncan Kgan Etheridge Fleming Gary Grahl Hamilton Harrell Harris, J. F. Harris, J. R. Harrison Hawkins
Hill Hood Houston Howell Hull Hutchinson Irvin Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Land Lane
Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lovell Lowrey
2398
Maddox Malone Marshall Matthews, C. Matthews, D. R. McClatchey McCracken McDaniell Minge Mitchell Mixon Moore, Don C. Moore, J. H. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer
JOURNAL OF THE HOUSE,
Parker Parrish Peterson Phillips Pickard Reaves Reid Richardson Roach Rowland Rush Russell
Savage Sherman Shields Sims Simkins Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow
Spikes Spillers Stalnaker Starnes Steis Story Taylor Thompson, A. W. Thompson, R. Townsend Tucker
Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watson Wells Wiggins Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Bennett
Dixon
Paris
Those not voting were Messrs.:
Alien Bagby Barber Barfield Bean Bo wen Brackin Caldwell Chandler Clark, J. T. Conger Conner Cox Crowe Davis Dean Dollar Elliott Evensen Farrar
Floyd Fulford
Funk Gaissert Gaynor Gignilliat Grier Hadaway Hale Harrington Harris, R. W. Henderson Herndon Higginbotham Holder Howard Johnson, Dr. A. S. Johnson, B. Jones, C. M. Knight Lambros Leonard Lewis Lovett
Mauldin Melton Merritt Murphy NeSmith, J. D. Powers Rainey Ross Smith, A. B. Smith, G. L. II Stewart Stovall Sullivan Sweat Thomas Underwood Watkins Webb Westlake Williams, G. J. Wilson, J. M. Mr. Speaker
On the motion to adopt, the ayes were 135, nays 3.
FRIDAY, FEBRUARY 18, 1966
2399
The report of the Committee of Conference on SB 182 was adopted.
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 86. By Senators Webb of the llth, Rowan of the 8th and others:
A Bill to be entitled an Act to amend Code Section 47-102 relating to State Senatorial Districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alexander Alien Anderson Barfield Bean Bennett Black Blair Brackin Brantley Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Caldwell Carnes Carr Gates Chandler Clarke, H. G. Collins, J. F. Collins, M. Colwell Conner Cook Crowe
Daugherty DeLong Dillon Dorminy Doster Duncan Egan Evensen Fleming Gaissert Gaynor Gignilliat Grahl Grier Hamilton Harrington Harris, J. F. Harrison Herndon Higginbotham Hill Hood Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul
Jones, M. Jordan, Ben C. Knapp Knight Land Lane Lea, F. R. Lee, W. S. Leonard Lewis Longino Lovell Lowrey Maddox Marshall Matthews, D. R. McClatchey McCracken McDaniell Merritt Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby
2400
Otwell Pafford Paris Parker Peterson Powers Rainey Reaves Roach Rowland Rush Russell
Sherman
JOURNAL OF THE HOUSE,
Shields Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Snellings Spillers Stalnaker Steis Stewart Sullivan Sweat Taylor Thomas
Thompson, A. W. Thompson, R. Townsend Tucker Underwood Vaughan, D. N. Watkins Webb Wells Westlake Williams, G. J. Williams, W. M.
Those voting in the negative were Messrs.:
Adams Barber Berry Blalock Brown, C. Carley Dean Dickinson
Dixon Drew Etheridge Farrar Fulford Funk Harrell Harris, J. R. Harris, R. W.
Henderson Houston Howard Jordan, W. H. Kiley Lambert Lee, W. J. (Bill) Levitas Malone Matthews, C. Minge Mitchell Moore, J. H. Overby Palmer Parrish Phillips
Reid Richardson Sims Smith, W. L. Snow Spikes Starnes Story Tye Vaughn, D. N. Walling Watson Wiggins Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bagby Bedgood Bowen Clark, J. T. Conger Cox Dailey Davis Dollar
Elliott Floyd Gary Hadaway Hale Hawkins Holder Howell Lambros
Lovett Mauldin Melton Pickard
Ross Smith, A. B. Stovall
Ware Mr. Speaker
On the passage of the Bill, the ayes were 127, nays 50.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 18, 1966
2401
Mr. Vaughn of the 117th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to SB 86.
Mr. Smith of the 54th moved that the House reconsider its action in giving the requisite constitutional majority to SB 86.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Barfield Blalock Brinkley Brown, C. Carley Cates Dickinson Dixon Drew Duncan Etheridge Farrar Fulford Harrell Harris, J. R.
Harris, R. W.
Hawkins Henderson Houston Howard Levitas Longino Malone McDaniell Minge Mitchell Moore, J. H. Overby Palmer Parrish
Richardson Sims Smith, W. L. Snow Spikes Starnes Story Tye Underwood Vaughn, C. R. Walling Watson Wiggins Wilson, J. M. Wilson, R. W.
Those voting in the negative were Messrs.
Abney Alexander Alien Anderson Barber Bean Bennett Berry Black Blair Brackin
Brantley Brown, B. D. Bryant Byrd Carnes Chandler Clark, J. T. Collins, J. P. Collins, M. Colwell
Conner Cook Crowe Dailey Daugherty Dean DeLong Dillon Dorminy Doster Egan Evensen Gaissert Gaynor Grahl Grier Hamilton Harrington Harris, J. F. Harrison Herndon
Higginbotham Hill Hood Hull Hutchinson Irvin Johnson, B. Jones, G. Paul Jordan, Ben C. Knapp Knight Land Lane Lee, W. S. Leonard Lewis Lovell Lowrey Maddox Marshall McCracken
2402
Merritt Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Pafford Paris Parker Peterson Phillips
JOURNAL OF THE HOUSE,
Eainey Reaves Ross Rowland Rush Russell Savage Sherman Shields Simkins Smith, G. L. II Smith, J. R. Smith, V. T. Snellings Spillers Stalnaker
Stewart Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Vaughan, D. N. Watkins Webb Wells Westlake Williams, G. J. Williams, W. M. Wood
Those not voting were Messrs.:
Adams Bagby Bedgood Bowen Brown, M. P. Busbee Caldwell Carr Clarke, H. G. Conger Cox Davis Dollar Elliott Fleming Floyd
Funk Gary Gignilliat Hadaway Hale Holder Howell Johnson, A. S. Dr. Jones, C. M. Jones, M. Jordan, W. H. Kiley Lambert Lambros Lea, F. R. Lee, W. J. (Bill)
Lovett Matthews, C. Matthews, D. R. Mauldin McClatchey Melton Pickard
Powers Reid Roach Smith, A. B. Steis Stovall Sullivan Ware Mr. Speaker
On the motion to reconsider, the ayes were 45, nays 111.
The motion was lost.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 320. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th and others:
A Bill to be entitled an Act to fix the salary of the judge of the juvenile court in certain counties, and for other purposes.
Mr. Harris of the 118th moved that the House insist on its position in dis agreeing to the Senate .substitute and that a Committee of Conference be ap pointed to confer with a like committee on the part of the Senate.
FRIDAY, FEBRUARY 18, 1966
2403
The motion prevailed and the Speaker appointed as a Committee of Con ference on the part of the House, the following members: Messrs. Carley of the 117th, Farrar of the 118th and Bean of the 119th.
The following Resolution 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:
SR 70. By Senators Smith of the 18th, Adams of the 26th and Carter of the 14th: A Resolution authorizing the Georgia Ports Authority to execute a local assurer agreement with the United States Corps of Engineers, and for other purposes.
Mr. Richardson of the 116th moved that the House insist on its position in substituting SR 70 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed and the Speaker appointed as a Committee of Conference on the part of the House, the following members: Messrs. Richardson of the 116th, McCracken of the 49th and Murphy of the 26th.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
SB 25. By Senators Broun of the 46th, Kilpatrick of the 44th and others: A Bill to be entitled an Act to provide for the submission of certain information to the Department of Public Safety, Bureau of Investigation, and for other purposes.
The following report of the Committee of Conference was read: Mr. President:
Mr. Speaker:
The Conference Committee on SB 25 has met and respectfully re commends the adoption of the following report:
A. That the Senate recede its position;
B. That the House recede its position; and
C. That the attached amendments to SB 25 be adopted.
2404
JOURNAL OP THE HOUSE,
This 18th day of February, 1966.
On Behalf of the Senate:
Paul C. Broun Senator, 46th District
Kenneth Kilpatrick Senator, 44th District
S. Fletcher Thompson Senator, 34th District
On Behalf of the House of Representatives:
Thomas B. Murphy Representative, 26th District
James W. Paris Representative, 23rd District
George T. Bagby Representative, 21st District
moves to amend SB 25 as follows:
By striking Section 1 in its entirety and substituting in lieu thereef a new Section 1 to read as follows:
"Section 1. Duties. It shall be the duty of all sheriffs, chiefs of police and the heads of any other law enforcement agencies to obtain the fingerprints and descriptions of all persons convicted of felonies within their respective jurisdictions and to transmit such fingerprints and descriptions to the Bureau of Investigation of the Department of Public Safety, hereinafter called the Bureau. If the particular law enforcement agency now has or may in the future have photograph equipment, then a photo of the arrested person shall also be forwarded to the Bureau."
Mr. Murphy of the 26th moved that the House adopt the report of the Com mittee of Conference on SB 25.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby Barber Barfield
Bedgood Bennett Black Blair
Bowen Brackin Brinkley Brown, B. D.
Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Cook Cox Crowe Dailey Davis Dean DeLong Dillon Dixon Doster Drew Duncan Egan Fleming Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham
FRIDAY, FEBRUARY 18, 1966
2405
Hill Hood Houston Howard Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Kiley Knapp Lambert Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Maddox Malone Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford Palmer Paris
Parker Parrish Peterson Phillips Powers Rainey Reaves Reid Richardson Roach Ross Rowland Rush Sherman Shields Sims Simkins Smith, J. R. Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Story Sullivan Sweat Taylor Thomas Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Ware Watkins Watson Webb Wells Westlake Williams, W. M. Wood
Those not voting were Messrs.:
Abney Alexander Alien Anderson Bean Berry
Blalock Brankley Collins, M. Conger Conner Daugherty
Dickinson Dollar Dorminy Elliott Etheridge Evensen
2406
Farrar Floyd Grier Hadaway Hale Harris, R. W. Holder Howell Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight Lambros
JOURNAL OF THE HOUSE,
Leonard Levitas Lovett Lowrey Marshall Mitchell Nessmith, P. Oglesby Pickard Russell Savage Smith, A. B. Smith, G. L. II
Smith, V. T.
Snow Stovall Thompson, A. W. Thompson, R. Underwood Walling
Wiggins Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the motion to adopt, the ayes were 148, nays 0.
The report of the Committee of Conference on SB 25 was adopted.
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 214. By Senator Eldridge of the 7th: 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Barber
Barfield Bean Bedgood Bennett
Black Blair Brantley Brinkley
Brown, B. D.
Brown, C. Brown, M. P. Bryant
Caldwell Carley Carnes Carr
Chandler Clarke, H. G. Colwell Conger
Cook
Crowe Dailey Davis
DeLong Dickinson Dixon Doster
Drew Duncan Evensen Fleming
Fulford
Funk Gaissert Gaynor Gignuliat Grahl Grier Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Herndon Hill Hood Houston Hull Hutchinson Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Kiley Knapp Land Lane Lee, W. S. Lewis Longino Lovell Maddox
FRIDAY, FEBRUARY 18, 1966
2407
Malone Marshall Matthews, C. Mauldm McCracken Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Newton, A. S. Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Pickard Powers Rainey Reaves Reid Richardson Roach Ross Rowland Rush
Savage Sherman Sims Simkins Smith, W. L. Sneiimgs Spikes Spillers Stalnaker Starnes Steis Stewart Story Sullivan Sweat Taylor Thomas Tucker Tye Vaughan, D. N. Vaughn, C. R. Ware Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wood
Those not voting were Messrs. :
Abney Alexander
Anderson Bagby Berry Blalock
Bowen Brackin Busbee Byrd Gates Clark, J. T. Collins, J. F.
Collins, M. Conner Cox Daugherty Dean Dillon
Dollar
Dorminy Egan Elliott Etheridge Farrar Floyd Gary Hadaway Hale Harrell Hawkins Henderson Higginbotham Holder Howard Howell Johnson, A. S. Dr. Jordan, Ben C. Jordan, W. H. Knight
Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Leonard Levitas Lovett Lowrey Matthews, D. R. McClatchey McDaniell Mitchell Murphy Nessmith, P. Newton, D. L. Odom Oglesby Russell Shields Smith, A. B.
2408
Smith, G. L. II Smith, J. R. Smith, V. T. Snow Stovall
JOURNAL OF THE HOUSE,
Thompson, A. W. Thompson, R. Townsend Underwood Walling
Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, the ayes were 131, nays 0.
The Bill, having received the requsite constitutional majority, was passed.
The following Bill, of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 95. By Mr. Carnes of the 129th:
A Bill to be entitled an Act to amend an Act authorizing the Com missioners of of Roads and Revenues of Pulton County to provide group insurance for all regular county employees, and for other purposes.
Mr. Etheridge of the 123rd moved that the House insist on its position in disagreeing to the Senate substitute and that a Committee of Conference on the part of the House be appointed to confer with a like committee on the part of the Senate.
The motion prevailed and the Speaker appointed as a Committee of Con ference on the part of the House, the following members: Messrs. Etheridge of the 123rd, Egan of the 141st and Townsend of the 140th.
Under the general order of business established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the third time:
SR 61. By Senators Loggins of the 53rd and Lee of the 47th:
A Resolution to authorize the acceptance of the bid of Sonoco Products Company to lease certain property in Pulton County, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
FKIDAY, FEBRUARY 18, 1966
2409
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Anderson Barber Barfield Bean Berry Black Blair Brackin Brantley Brinkley Bryant Byrd Carley Chandler Clarke, H. G. Clark, J. T. Collins, M. Colwell Crowe Dailey DeLong Dickinson Dillon Dixon Doster Duncan Egan Evensen Farrar Fleming Fulford Gaissert Gaynor Gignilliat Grahl Hamilton Harrell Harrington Harris, J. F. Harris, J. R.
Harrison Hawkins Henderson Herndon Hill Hood Houston Howard Hull Hutchinson Irvin Johnson, A. S. Dr. Jones, M. Kiley Knapp Land Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Lovell Lowrey Maddox Malone Matthews, C. McClatchey McCracken McDaniell Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell
Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reaves Roach Ross Rush Savage Sherman Sims Smith, V. T. Smith, W. L. Spikes Spillers Stalnaker Starnes Steis Story Stovall Sullivan Sweat Taylor Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Watkins Webb
Wells Wiggins Williams Wood
Those not voting were Messrs.:
Alexander Alien Bagby Bedgood Bennett
Blalock Bowen Brown, B. D. Brown, C. Brown, M. P.
Busbee Caldwell Carnes Carr Gates
2410
Collins, J. F. Conger Conner Cook Cox Daugherty Davis Dean Dollar Dorminy Drew Elliott Etheridge Floyd Funk Gary Grier Hadaway Hale Harris, R. W. Higginbotham
JOURNAL OF THE HOUSE,
Holder Howell Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight Lambert Lambros Leonard Levitas Longino Lovett Marshall Matthews, D. R. Mauldin Melton Mitchell Pickard Richardson
Rowland Russell Shields Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Snellings Snow Stewart Thomas Thompson, A. W. Underwood Ware Watson Westlake Williams, W. M. Wilson, J. M. Wilson, R. W.
On the adoption of the Resolution, the ayes were 126, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 56. By Senators Broun of the 46th and Plunkett of the 30th: A Bill to be entitled an Act to amend Code Chapter 32-5 so as to fix the compensation cf the State Superintendent of Schools, and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 32-5, relating to the State Superintendent of Schools, as amended, so as to fix the compen sation of the State Superintendent of Schools; to exempt the State School Superintendent from the operation of certain acts relating to uniform salaries of certain State officials; 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 Chapter 32-5, relating to the State Superintendent of Schools, as amended, is hereby amended by adding a new Code Section to be known as Section 32-510 to read as follows:
FRIDAY, FEBRUARY 18, 1966
2411
"32-510. The State Superintendent of Schools shall be com pensated in the amount of $25,000.00 per annum to be paid in equal monthly or semi-monthly installments. He shall also be reim bursed for his expenses incurred in connection with the official duties of his office."
Section 2. The following Acts are amended or repealed in the fol lowing manner as hereinafter set out:
(a) An Act relating to uniform salaries of certain elected and appointed officials approved March 25, 1947 (Ga. Laws 1947, p. 673), as amended, is hereby amended by striking from the title and Section 1 of said Act, the words "State Superintendent of Schools".
(b) An Act relating to uniform salaries of certain elected and appointed officials approved March 12, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 613), as amended, is hereby amended by striking from the title and Section 1 of said Act, the words "Superintendent of Schools".
(c) An Act entitled "An Act to amend Code Section 32-511, relat ing to the compensation of the State Superintendent of Schools, so as to change the compensation; to repeal conflicting laws, and for other purposes", approved March 24, 1960 (Ga. Laws 1960, p. 1184), is hereby repealed in its entirety.
This Act shall become effective upon its approval by the Governor or otherwise becoming law.
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. Irvin of the llth moves to amend the Committee Substitute to SB 56 as follows:
By striking therefrom the new Code Section 32-510 and inserting in lieu thereof a new Code Section 32-510 to read as follows:
"32-510. The State Superintendent of Schools shall be com pensated in the amount of $22,500.00 per annum to be paid in equal monthly or semi-monthly installments. He shall also be reimbursed for his expenses incurred in connection with the official duties of his office."
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.
2412
JOURNAL OF THE HOUSE,
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote as follows:
Those voting in the affirmative were Messrs.
Abney Alien Bagby Barber Barfield Bean Bennett Berry Black Brackin Brantley Brinkley Brown, B. D. Bryant
Caldwell Carley Gates Clark, J. T. Collins, J. F. Collins, M. Colwell Conner Cook Crowe Dailey Dickinson Dixon Doster Duncan Egan Elliott Evensen Farrar Fulford Funk Gaissert Gaynor Grahl Hadaway Hale Hamilton
Harris, J. F. Harris, J. R. Hawkins Higginbotham Hood Houston Howard Howell Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, M. Kiley Knapp Lee, W. S. Levitas Lewis Lovell Lowrey Malone Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Otwell Overby Paris Parker
Parrish Peterson Phillips Powers Rainey Reid Richardson Roach Ross Rush Sherman Sims Smith, J. R. Smith, V. T. Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watkins Wells Westlake Wiggins Williams, G. J. Wood
Those voting in the negative were Messrs.:
Anderson Carnes Conger Cox Dean
DeLong Dillon Dollar Harrison Herndon
Maddox Oglesby Pafford
FRIDAY, FEBRUARY 18, 1966
2413
Those not voting were Messrs.:
Adams Alexander Bedgood Blair Blalock Bowen Brown, C. Brown, M. P. Busbee Byrd Carr Chandler Clarke, H. G. Daugherty Davis Dorminy Drew Etheridge Fleming Floyd Gary Gignilliat Grier
Harrell Harrington Harris, R. W. Henderson Hill Holder Hull Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight Lambert Lambros Land Lane Lea, F. R. Lee, W. J. (Bill) Leonard Longino Lovett Matthews, D. R. Minge
Mitchell Nessmith, P. Palmer Pickard Reaves Rowland Russell Savage Shields Simkins Smith, A. B. Smith, G. L. II Smith, W. L. Snow Thomas Thompson, A. W. Ware Watson Webb Williams, W. M. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 122, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Messrs. Wells of the 30th and Matthews of the 29th requested that they be recorded as having voted "aye" on the passage of SB 56.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 320. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th: A Bill to be entitled an Act to fix the salary of the judge of the juvenile court in certain counties, and for other purposes.
The following report of the Committee of Conference was read: Mr. President: Mr. Speaker:
2414
JOURNAL OF THE HOUSE,
The Conference Committee on HB 320 has met and recommends the adoption to the following report:
A. That the House recede from its position; B. That the Senate recede its position; and
C. That the attached substitute to HB 320 be adopted.
This 18th day of February, 1966.
On Behalf of the Senate: Frank G. Miller Ben F. Johnson H. E. Sanders
On Behalf of the House of Respresentatives:
George H. Carley
Jack Ted Bean
Robert A. Farrar
A BILL
To be entitled an Act to fix the salary of the judge of the juvenile court in certain counties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
The salary of the judge of the juvenile court in all counties of this state having a population of not less than 250,000 and not more than 500,000, according to the 1960 United States decennial census or any such future census, shall be fourteen thousand dollars ($14,000.00) per annum, payable in equal monthly installments out of the funds of such counties.
SECTION 2
An Act fixing the salary of the judges of the juvenile courts of counties having a population of not less than 250,000 and not more than 350,000, according to the 1960 United States decennial census or any such future census, approved February 27, 1962 (Ga. Laws 1962, p. 2380), as amended by an Act approved March 10, 1964 (Ga. Laws 1964, p. 2596), is hereby repealed in its entirety.
SECTION 3
All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Carley of the 117th moved that the House adopt the Report of the Com mittee of Conference.
FRIDAY, FEBRUARY 18, 1966
2415
On the motion to adopt, the ayes were 106, nays 0.
The Report of the Committee of Conference on HB 320 was adopted.
Under the general order of business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 98. By Senators Jackson of the 16th and Kendrick of the 32nd: A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, having the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Anderson Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Brackin Brantley Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Carr Gates Chandler Clarke, H. G. Collins, M.
Colwell Conger Conner Cook Crowe Dailey Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Duncan Etheridge Evensen Farrar Fleming Fulford Funk Gaissert Gaynor Gignilliat Grahl Hadaway Hale Hamilton
Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hawkins Herndon Higginbotham Holder Hood Houston Howell Hull Hutchinson Irvin Jones, G. Paul Jones, M. Knapp Lambert Land Lane Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lovell Lowrey
2416
Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer
JOURNAL OF THE HOUSE,
Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Rowland Rush Russell Savage Sherman Shields Sims Smith, G. L. II Smith, V. T. Snellings Spikes Spillers Stalnaker Starnes
Steis Stewart Story Stovall Sullivan Sweat Taylor Thompson, A. W. Thompson, R. Tucker Underwood Vaughan, D. N. Vaughn, C. R. Watkins Watson Webb Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wood
Those not voting were Messrs. :
Alexander Alien Bagby Bowen Brown, C. Clark, J. T. Collins, J. F. Cox Daugherty Davis Drew Egan Elliott Floyd Gary Grier Henderson
Hill Howard Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Kiley Knight Lambros Lea, F. R. Leonard Longino Lovett Matthews, D. R. Mitchell
NeSmith, J. D. Pickard Rainey Ross Simkins Smith, A. B. Smith, J. R. Smith, W. L. Snow Thomas Townsend Tye Walling Ware Wilson, R. W. Mr. Speaker
On the passage of the Bill, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Snow of the 1st requested that he be recorded as having voted "aye" on the passage of SB 98.
FRIDAY, FEBRUARY 18, 1966
2417
SB 35. By Senators Johnson of the 38th, Maclntyre of the 40th and others:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Atlanta, and for other purposes.
The following amendment was read and adopted:
Lea of the 126th moves to amend Senate Bill 35 as follows:
By changing the period at the end of Section 2 to a comma and inserting thereafter the following:
"Provided, however, that some portion of the above described property legally abuts the city limits of the City of Atlanta."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Barber Barfield Bean Bennett Berry Black Brantley Brown, B. D. Brown, C. Brown, M. P. Byrd Carley Games Carr Chandler Collins, M. Cook Crowe Dailey Dean
Dillon
Dorminy Doster Duncan Egan Etheridge Farrar Fulford Gaissert Grahl Hamilton Harrell Harrington Harris, J. R. Harris, R. W. Henderson Herndon Holder Hood Howell Hull Hutchinson Jones, C. M. Jones, M. Jordan, W. H.
Kiley
Lambert Lambros Land Leonard Levitas Lewis Lovell Malone Marshall McClatchey McCracken McDaniell Melton Mitchell NeSmith, J. D. Newton, A. S. Oglesby Palmer Parker Parrish Peterson Phillips Rainey Reaves
Reid
2418
Richardson Roach Rowland Russell Savage Shields Sims Smith, J. R. Snow Spikes
JOURNAL OP THE HOUSE,
Spillers Stalnaker Stewart Story Stovall Taylor Thomas Thompson, A. W. Thompson, R. Townsend
Tye Underwood Vaughn, C. R. Watson Webb Westlake Wiggins Williams, W. M. Wilson, J. M.
Those voting in the negative were Messrs.;
Anderson Blalock Gates Collins, J. F. Colwell Conger DeLong Dickinson Dollar Evensen Fleming Funk Gary Hadaway
Harrison Hawkins Hill Lee, W. S. Longino Lowrey Maddox Matthews, C. Minge Moore, Don C. Moore, J. H. Murphy Nessmith, P. Odom
Otwell Ross Rush Sherman Simkins Starnes Sullivan Sweat Tucker Vaughan, D. N. Watkins Williams, G. J.
Those not voting were Messrs.:
Bagby Bedgood
Blair Bowen Brackin Brinkley
Bryant Busbee Caldwell
Clarke, H. G. Clark, J. T. Conner Cox
Daugherty Davis Dixon Drew Elliott
Floyd Gaynor
Gignilliat Grier Hale Harris, J. F. Higginbotham Houston Howard Irvin Johnson, A. S. Dr.
Johnson, B. Jones, G. Paul Jordan, Ben C. Knapp Knight Lane Lea, F. R. Lee, W. J. (Bill) Lovett Matthews, D. R. Mauldin
Merritt Mixon Newton, D. L. Overby Pafford Paris Pickard Powers Smith, A. B. Smith, G. L. II Smith, V. T. Smith, W. L. Snellings Steis Walling Ware Wells Wilson, R. W. Wood Mr. Speaker
On the passage of the Bill, as amended, the ayes were 104, nays 40.
FRIDAY, FEBRUARY 18, 1966
2419
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 adopted by substitute by the requisite constitutional majority the following Resolution of the Senate to-wit:
HR 149-304. By Messrs. Farrar and Walling of the 118th:
A Resolution authorizing General Assembly to provide for indemnifying of private citizen, his spouse or child for personal injury, death or damage to property sustained in preventing commission of a crime or in assisting a peace officer in prevention of a crime or apprehension of a criminal; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to-wit:
HB 304. By Mr. Farrar of the 118th: A Bill to create a State Council for the Preservation of Natural Areas; and for other purposes.
HB 387. By Messrs. Smith of the 90th, Busbee of the 79th and others: A Bill to amend the Revenue Bond Law (formerly known as the Revenue Certificate Law of 1937), relating to the publication of notice to the public of a hearing to validate Revenue Bonds; and for other purposes.
HB 388. By Messrs. Smith of the 90th, Busbee of the 79th and others: A Bill to amend Sec. 87-303 of the Code of Georgia relating to the publication of notice to the public of the hearing to validate general obligation bonds to be issued by a County, municipality or political subdivision; and for other purposes.
HB 421. By Messrs. Mauldin of the 18th, Blalock of the 33rd and others: A Bill to provide for the regulation of "perpetual care" and "endow ment care" cemeteries; and for other purposes.
The Senate has adopted as amended by the requisite constitutional majority the following resolutions of the House to-wit:
2420
JOURNAL OF THE HOUSE,
HR 243-517. By Mr. Harris of the 85th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an an nual ad valorem tax upon the taxable property located in that district and area within said city described as Downtown Brunswick and to pro vide for the powers, authority, funds, purposes, and procedure con nected therewith; and for other purposes.
HR 274-596. By Messrs. Blalock and Davis of the 33rd: A Resolution proposing an amendment to the Constitutional so as to create the Coweta County Development Authority; and for other pur poses.
HR 295-682. By Mr. Smith of the 44th: A Resolution proposing an amendment to the Constitutional so as to provide for the election of the Board of Education of Pike County and to provide for the appointment of the county school superintendent of Pike County by the Board of Education thereof; and for other pur poses.
HR 319-719. By Mr. Anderson of the 71st: A Resolution proposing an amendment to the Constitution so as to create the Bleckley-Cochran Industrial Development Authority; 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 335. By Messrs. Mitchell and Smith of the 3rd: A Bill to amend an act known as the Georgia Water Quality Control Act, so as to amend the powers of the Georgia Water Quality Control Board to remove the requirement of mandatory hearing prior to the rendition of any order by the Board; and for other purposes.
HB 369. By Mr. Lovell of the 6th:
A Bill to amend an act superseding and consolidating the laws relating to the State Game and Fish Commission, so as to authorize the State Game and Fish Commission to appoint deputy wildlife rangers of the State-at-large; and for other purposes.
HR 345-770. By Messrs. Story and Watson of the 22nd:
A Resolution proposing an amendment to the Constitution so as to empower the Clerk of the Superior Court of Gwinnett County to issue criminal warrants; and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2421
HR 62-110. By Mr. Dean of the 20th:
A Resolution amending a Resolution, authorizing the conveyance of certain real property, owned by the State Highway Department, and located in East Point, Georgia, so as to provide that the proceeds there from shall be paid to the Treasurer of the State Highway Department; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority the following Resolution of the House:
HR 272-578. By Mr. Paris of the 23rd:
A Resolution proposing an amendment to the Constitution so as to create the Barrow County School system by merging the independent school system of the City of Winder and the county school system of Barrow County into one school district; to create a Board of Education of said system; to provide for the appointment of a school superin tendent; and for other purposes.
Under the general order of business established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the third time:
SB 173. By Senators Carter of the 14th and Rowan of the 8th:
A Bill to be entitled an Act to amend an Act requiring the State Auditor to establish an equalized adjusted school property tax, and for other purposes.
The following amendments were read and adopted:
Mr. Parker of 55th moves to amend SB 173 as follows:
By striking from the title the word "except timberland" where said words appear between the word "property" and the word "provided".
By striking from the title the following:
"to provide that in establishing the average ratio of assessed value to true value applicable to any county property and the equalized adjusted school property tax digest of any county, the State Auditor shall appraise and evaluate timberland on the basis of the fair market value of the land and the annual growth factor increment increase, rather than the value of the land and the standing timber on the land;".
2422
JOURNAL OF THE HOUSE,
By striking from the first quoted paragraph of Section 1 the words "except timberland" where said words appear between the word "prop erty" and the word "provided".
By inserting at the end of the first quoted paragraph of Section 1 a quotation mark and by striking in its entirety the last quoted para graph of Section 1.
Mr. Egan of the 141st moves to amend SB 173 by striking the pro viso at end of first paragraph added by Section 1 and substituting therefor the following:
"provided the number of sales price data to the extent available, be at least one-half of the data used in establishing such ratio and equalized adjusted school property tax digest."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bennett Berry Blair Blalock Brackin Brantley Busbee Byrd
Carley Carnes Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, M. Colwell
Cook Crowe Dailey DeLong Dillon Dixon Dollar Dorminy Doster Duncan Egan Elliott Evensen Farrar Fleming Fulford Funk
Gaissert Gary Gaynor Gignilliat Grahl Hadaway Hamilton Harrington Harris, J. F.
Harris, J. R. Harrison Henderson Herndon Holder Hood Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, W. H. Kiley
Knapp Lambros Lane Lea, F. R. Lee, W. S. Leonard Levitas Lewis Longino
Lovell Lowrey Maddox Malone Marshall McClatchey McCracken McDaniell Melton Merritt Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Overby Pafford Palmer
FRIDAY, FEBRUARY 18, 1966
2423
Paris Parker Parrish Peterson Phillips Powers Rainey Reaves Reid Richardson Roach Rowland Rush Russell Savage Sherman Simkins Smith, G. L. II Smith, V. T. Snow Spikes Spillers Stalnaker
Steis Stewart Story Stovall Sullivan Sweat Taylor Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bedgood Black Bowen Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Caldwell Collins, J. F. Conger Conner
Cox
Daugherty Davis Dean Dickinson Drew Etheridge
Floyd Grier Hale Harrell Harris, R. W. Hawkins Higginbotham Hill Houston Jones, C. M. Jordan, Ben C. Knight Lambert Land
Lee, W. J. (Bill) Lovett Matthews, C. Matthews, D. R. Mauldin
Minge Newton, D. L. Otwell Pickard Ross Shields Sims Smith, A. B. Smith, J. R. Smith, W. L. Snellings Starnes Thomas Thompson, A. W. Ware Watkins
Wells Westlake 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.
2424
JOURNAL OF THE HOUSE,
SR 38. By Senators Webb of the llth and Jackson of the 16th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for consolidation of county school districts and independent school systems into area school districts, and for other purposes.
The following Committee substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution of Georgia, so as to authorize the General Assembly to provide for consolidation or merger of county school districts and independent school systems into area school districts by local referendum; to provide for establishment of area boards of education, area school superintendents, organization, management and support of area school districts, and for changes there in by local referendum; to authorize boards of education of county, in dependent and area school districts to enter into contracts respecting certain matters, and to expend school tax funds for public education purposes; to authorize establishment of area schools, including special schools by general or local law and by local referendum, and to provide for organization, management and support of same and preservation of existing special schools heretofore established; to provide for sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII of the Constitution of Georgia is hereby amended by striking Section IX in its entirety and substituting in lieu thereof a new Section IX to read as follows:
"SECTION IX.
"Paragraph I. Area School Districts; Area Boards of Educa tion; Area School Superintendents.--The General Assembly may, by general, special or local law, provide for consolidation and merger of any two or more county school districts, independent school systems, or any portion or combination thereof, into a single area school district under the control and management of an area board of education. No such consolidation or merger shall become effective until approved by a majority of the voters voting in a referendum thereon in each school district or school system being consolidated or merged. Any area school district so established shall constitute a separate political subdivision of this State, and the school dis tricts or school systems or portions thereof incorporated therein shall stand abolished, and title to all school properties and assets therein shall vest in the area board of education. The number of members of an area board of education, their manner of election or appointment, their terms, residence requirements, qualifications, powers, duties and the method for filling vacancies on said boards shall be as provided by law. There shall be an area school superin-
FRIDAY, FEBRUARY 18, 1966
2425
tendent in each area school district, who shall be the executive officer of the area board of education. The manner of his election or appointment, and his qualifications, term of office, residence requirements, powers, duties and compensation shall be as provided by law. Subsequent to the creation of an area school district, the number and the manner of election or appointment of members of the area board of education and method for filling vacancies occur ring on said boards, and their terms of office and residence require ments, and the manner of election or appointment of the area school superintendent, and his tenure, and residence requirements, may be changed by local or special law conditioned upon approval by a majority of the qualified voters of the area school district voting in a referendum thereon. Members of area boards of education and area school superintendents shall have such powers, duties and further qualifications as provided by law.
"Paragraph II. Power of Boards to Contract With Each Other. --Any two or more county boards of education, independent school systems, or area boards of education, or any combination thereof, may contract with each other for the care, education and trans portation of pupils and for such other activities as they may be authorized by law to perfrom."
Section 2. Article VIII of the Constitution of Georgia is hereby amended by striking Section XII in its entirety and substituting in lieu thereof a new Section XII to read as follows:
SECTION XII.
"Paragraph I. Local Taxation for Education. -- The fiscal authority of each county shall annually levy a school tax for the support and maintenance of education, not greater than twenty mills per dollar as certified to it by the county board of education, upon the assessed value of all taxable property within the county located outside any independent school system or area school district therein. The independent school system of Chatham County and the City of Savannah being co-extensive with said county, the levy of said tax shall be on all property in said county as recommended by the governing body of said system. The certification to be made by an Area Board of Education to the fiscal authorities of the territories comprising an area school district shall be in such amount and within such limits as may be prescribed by general or local law applicable thereto, and upon such certification being made it shall be the duty of such fiscal authorities to levy such tax in accordance with such certification, but such levy shall not be greater than twenty mills per dollar upon the assessed value of the taxable property therein. School tax funds shall be expended only for the support and maintenance of public schools, public education, and activities necessary or incidental thereto, including school lunch purposes.
"Paragraph II. Increasing or Removing Tax Rate.--The twen ty mill limitation provided in Paragraph I above may be removed or increased in a county and in territories comprising an area school district under the procedure set out hereinafter. The county
2426
JOURNAL OF THE HOUSE,
or area board of education, in order to instigate the procedure, must pass a resolution recommending that the limitation be removed and upon presentation of such resolution to the ordinary or to the proper authorities of territories comprising an area school district, as the case may be, it shall be their duty, within ten days of the receipt of the resolution, to issue the call of an election to determine whether such limitation shall be removed. The election shall be set to be held on a date not less than twenty nor more than thirty days from the date of the issuance of the call and shall have the date and purpose of the election published in the official organ of the county once a week for two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the General Assembly voting in such election vote in favor of such proposal, there shall be no limitation in such county or in such territories comprising an area school district and the county or area board of education may recommend any number of mills for the purposes set out in Paragraph I above. In lieu of recom mending that the limitation be removed entirely, the county or area board of education may recommend that it be increased and shall specify the amount in the resolution. The election provisions for increase shall be the same as for removal and if the proposal is favorably voted upon the county or area board may recommend up to the specified amount. It shall be the duty of the ordinary or the proper authorities, as the case may be, to hold the election, to canvass the returns and declare the results. It shall also be their duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county or by the territories comprising an area school district, as the case may be."
Section 3. Article VII, Section VI, Paragraph I of the Constitution of Georgia is hereby amended by striking in its entirety Subparagraph (d) and inserting in lieu thereof a new Subparagraph (d) to read as follows:
"Subparagraph (d). Special Schools; Creation; Taxes and Bonds.--The board of education of any county, area school district or independent school system, or any combination thereof, may establish, pursuant to general or local law enacted by the General Assembly, one or more area schools, including special schools such as vocational trade schools, schools for exceptional children, and schools for adult education, in one or more of such political sub divisions; provided, however, that the establishment and operation of such schools pursuant to such general or local law, and any sub sequent amendments thereof, shall be first approved by a majority of the voters voting therein in each of the school districts or systems affected thereby in separate referendums held in the man ner provided by law. The government, powers and duties of boards of education participating in the establishment or operation of such schools and respecting such schools shall be defined in the general or local law authorizing the same, and such participating political subdivisions shall be authorized to incur bonded indebtedness not to exceed three per centum of the assessed value of all the taxable property therein and to require the levy of school tax funds re quired for the establishment and operation of such schools in such amount and manner as shall be provided in such general or local law, which shall be in addition to any and all other indebtedness
FRIDAY, FEBRUARY 18, 1966
2427
and school tax fund levies authorized by this Constitution and by the laws of this State. Schools established pursuant to provisions of this Section shall be operated in conformance with regulations promulgated by the State Board of Education pursuant to provisions of law. The State is hereby authorized to expend funds for the support and maintenance of such schools in such amount and man ner as may be provided by law. Special schools, including vocational trade schools, established prior to the adoption of this amendment under former Subparagraph (d) of Article VII, Section VI, Para graph I of the Constitution shall not be affected by this amend ment, any political subdivision which established such a school is hereby authorized to levy taxes for the support of such school re gardless of whether it is located within the territorial limits of such subdivision and any such political subdivision is hereby au thorized to incur bonded indebtedness, not to exceed three per centum of the assessed value of all the taxable property therein, for the supportt of, or acquisition and construction of facilities for such school. Any such bonded indebtedness shall be incurred pur suant to provisions of Article VII, Section VII of this Constitution and the laws of this State relative to incurring other bonded in debtedness. Such bonded indebtedness shall be in addition to any and all other indebtedness authorized by the Constitution and the laws of Georgia. Such taxes levied by such political subdivision shall be in addition to all school taxes authorized by this Constitu tion and the laws of this State. The State is hereby authorized to expend funds for the support of such established schools in such amount and manner as may be provided by law."
Section 4. 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 establishment of area schools and area school dis-
NO ( ) tricts by local referendum including special schools such as vocational trade schools, schools for excep tional children, and schools for adult education, and for their organization, management, financing; and to authorize contracts between boards of education and expenditure of school tax funds for public educa tion purposes; and to preserve special schools here tofore established?"
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".
2428
JOURNAL OF THE HOUSE,
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
An amendment offered by Mr. Rainey of the 60th was read and lost.
The following amendments to the Committee substitute were read and adopted:
Mr. Blair of the 68th moves to amend Committee Substitute to SR 38 as follows:
By striking from Paragraph I of Section IX, which Paragraph is quoted in Section 1 of said Resolution, the words "The General Assembly may", as they appear in the first sentence thereof and substituting in lieu thereof the following:
"The boards of Education of any two or more counties, or
independent school systems, or any combination thereof, may", and by inserting between the words "voters" and "of", as they appear in the next to the last sentence of said Paragraph, the following:
"in each of the original political subdivisions",
so that when so amended Paragraph I shall read as follows:
"Paragraph I. Area School Districts; Area Boards of Educa tion; Area School Superintendents.--The boards of education of any two or more counties, or independent school systems, or any combination thereof, may, by general, special or local law, provide for consolidation and merger of any two or more county school districts, independent school systems, or any portion or combination thereof, into a single area school district under the control and management of an area board of education. No such consolidation or merger shall become effective until approved by a majority of the voters voting in each of the School Districts or School Systems affected in a referendum held thereon in each school district or school system being consolidated or merged. Any area school district so established shall constitute a separate political sub division of this State, and the school districts or school systems or portions thereof incorporated therein shall stand abolished, and title to all school properties and assets therein shall vest in the area board of education. The number of members of an area board of education, their manner of election or appointment, their terms, residence requirements, qualifications, powers, duties and the method for filling vacancies on said boards shall be as provided by law. There shall be an area school superintendent in each area
FRIDAY, FEBRUARY 18, 1966
2429
school district, who shall be the executive officer of the area board of education. The manner of his election or appointment, and his qualifications, term of office, residence requirements, powers, duties and compensation shall be as provided by law. Subsequent to the creation of an area school district, the number and the manner of election or appointment of members of the area board of education and method for filling vacancies occurring on said boards, and their terms of office and residence requirements, and the manner of election or appointment of the area school superintendent, and his tenure, and residence requirements, may be changed by local or special law, conditioned upon approval by a majority of the qualified voters in each of the original political subdivisions of the area school district voting in a referendum thereon. Members of area boards of education and area school superintendents shall have such powers, duties and further qualifications as provided by law."
By striking from Subparagraph (d), which Subparagraph is quoted in Section 3 of said Resolution, the following phrases as they appear in the first sentence thereof:
"not to exceed three per centum of the assessed value of all
the taxable property therein and" and
"which shall be in addition to any and all other indebtedness and school tax fund levies authorized by this Constitution and by the laws of this State.",
and by further striking from Subparagraph (d) the following:
"not to exceed three per centum of the assessed value of all the taxable property therein",
and by further striking from Subparagraph (d) the following sentences:
"Such bonded indebtedness shall be in addition to any and all other indebtedness authorized by the Constitution and the laws of Georgia. Such taxes levied by such political subdivision shall be in addition to all school taxes authorized by this Constitution and the laws of this State."
Mr. Mixon of the 81st moves to amend Committee Substitute to SR 38 by striking from said Bill the word "general" wherever it may appear in said Reso lution with reference to "general law".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, as amended.
2430
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Bagby Barber Barfield Bean Bedgood Bennett Berry Blair Blaloek Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Gates Chandler Clarke, H. G. Collins, J. F. Conner Cook Cox Crowe Daugherty Davis Dean Dickinson Dillon Drew Duncan Egan Elliott Etheridge Evensen
Farrar Gaissert Gary Gaynor Gignilliat Grahl Hale Hamilton Harrell Harrington
Harris, J. F. Harris, J. R. Hawkins Henderson Hood Houston Howard Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Knight
Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Malone Matthews, C. Mauldin McClatchey McCracken McDaniell Merritt
Minge Mitchell Moore, Don C. Moore, J. H. Oglesby Otwell Overby Palmer Paris Parker Parrish Peterson Powers Reid Richardson Roach Sherman Sims Shields Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Stewart Story Sullivan Sweat Thompson, A. W. Townsend Tucker Tye Vaughan, D. N. Walling Watson Wiggins Williams, W. M. Wilson, J. M. Wood
Those voting in the negative were Messrs.:
Anderson Bo wen Brackin Brantley
Collins, M. Colwell Conger Dailey
DeLong Dollar Doster Fleming
Fulford Funk Hadaway Harris, R. W. Harrison Herndon Hill Holder Howell
Hull
Johnson, B. Lane
Lewis
FRIDAY, FEBRUARY 18, 1966
2431
Lovell Maddox Marshall Matthews, D. R. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom
Pafford
Rainey Reaves
Ross
Rowland Rush Russell Savage Simkins Smith, A. B. Taylor Thompson, R. Underwood
Watkins
Webb Williams, G. J.
Wilson, R. W.
Those not voting were Messrs.:
Black Carr
Clark, J. T. Dixon Dorminy Floyd Grier Higginbotham Jones, C. M.
Jordan, Ben C. Land
Lovett Melton Mixon Newton, D. L. Phillips Pickard Smith, G. L. II
Smith, J. R. Stalnaker
Stovall Thomas Vaughn, C. R. Ware Wells Westlake Mr. Speaker
On the adoption of the Resolution, by substitute, as amended, the ayes were 126, nays 51.
The Resolution, having failed to receive the requisite two-thirds constitu tional majority, was lost.
Mr. Busbee of the 79th moved that the House reconsider its action in failing to adopt SR 38.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Bagby Barber Barfield Bean
Bedgood
Bennett Berry Blair Blalock Brinkley Brown, B. D. Brown, C. Bryant
Busbee
Byrd Carley Carnes Gates Chandler Clarke, H. G. Collins, J. F. Cook
Crowe
2432
JOURNAL OF THE HOUSE,
Daugherty Davis Dean Dickinson Dillon Dorminy Drew Duncan Egan Elliott Ether idge Evensen Farrar Gaissert Gary Gaynor Gignilliat Grahl Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Hawkins Henderson Hood Houston Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jones, M.
Jordan, W. H. Kiley Knapp Lambert Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Longino Lowrey Maddox Malone Matthews, C. Mauldin McClatchey McCracken McDaniell Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Odom Oglesby Otwell Overby Palmer Paris Parker Parrish Peterson Powers
Reid Richardson Roach Sherman Shields Sims Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Stewart Story Sullivan Sweat Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Walling Watson Westlake Wiggins Williams, W. M. Wilson, J. M. Wood
Those voting in the negative were Messrs.:
Anderson Bo wen Brackin Brantley Caldwell Clark, J. T. Conger Dailey DeLong Dollar Doster Fleming Fulford Hadaway Harris, R. W.
Harrison Herndon Holder Hull Johnson, B. Lambros Lane Leonard Lewis Lovell Marshall Matthews, D. R. Murphy NeSmith, J. D. Nessmith, P.
Newton, A. S. Rainey Ross Rowland Rush Russell Savage Smith, A. B. Smith, J. R. Taylor Underwood Webb Wilson, R. W.
Those not voting were Messrs.:
Black Brown, M. P.
Carr Collins, M.
Colwell Conner
Cox Dixon Floyd Funk Grier Higginbotham Hill Howard Howell Jones, C. M. Jordan, Ben C.
FRIDAY, FEBRUARY 18, 1966
2433
Knight Land Lovett Melton Newton, D. L. Pafford Phillips Pickard Reaves Simkins Smith, G. L. II
Stalnaker Stovall Thomas Vaughn, C. R. Ware Watkins Wells Williams, G. J. Mr. Speaker
On the motion, the ayes were 124, nays 43.
The motion prevailed and the House reconsidered its action in failing to adopt SR 38.
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 243. By Mr. Hull of the 104th:
A Bill to revise comprehensively the laws relating to subpoenas and other like processes; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Yancey of the 33rd, Kilpatrick of the 44th and Edenfield of the 4th.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to-wit:
HB 146. By Messrs. Smith of the 85th, Smith of the 114th and others:
A Bill to amend Georgia Code Sec. 13-9933, which prohibits the making or delivery of a worthless check, draft or order for the payment of money, as amended, so as to provide that whenever the money, good other property of value, wages or salary obtained has a value in excess of $50.00, then the crime shall constitute a felony; and for other purposes.
2434
JOURNAL OF THE HOUSE,
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to-wit:
HB 569. By Mr. Clarke of the 45th:
A Bill to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System, so as to provide for fixed benefit plans; and for other purposes.
The Senate has passed by substitute as amended by the requisite constitu tional majority the following Bill of the House to-wit:
HB 323. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Bill to amend Code Chapter 36-11 relating to the condemnation of property by those authorities who possess the power of eminent domain, so as to define the phrase "just and adequate compensation" as con tained therein and pursuant to the Authority contained within Article I, Section III, Paragraph I of the Constitution; and for other purposes.
The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendment or substitutes thereto:
HB 302. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
A Bill to be entitled an Act to amend Section 92-1403 relating to the "Motor Fuel Tax Law", so as to provide for the levy of the tax on motor fuel, kerosene and fuels not commonly measured by the gallon; and for other purposes.
The following Senate amendment was read:
Mr. Dean of the 6th moves to amend HB 302 as follows:
By striking from the title the following:
"so as to provide for the levy of the tax on motor fuel, kero sene, and fuels not commonly measured by the gallon",
and inserting in lieu thereof the following:
"so as to provide for the levy of a tax on motor fuel and fuels not commonly measured by the gallon".
By striking from the title the following as it appears in three places in said title:
FRIDAY, FEBRUARY 18, 1966
2435
"(but not from the kerosene tax)".
By adding in the title before the words "to repeal conflicting laws" the words "to remove the provision relating to the tax on kerosene;".
By striking from the first sentence of 92-1403 (A) the words "or kerosene".
By striking 92-1403 (A) (2) in its entirety and by renumbering 92-1403 (A) (3) as 92-1403 (A) (2).
By striking the words "or kerosene" wherever they appear in said Bill.
By striking from Section 92-1403 (E) the following:
"Nothing in this paragraph shall exempt anyone from the tax imposed on kerosene by section 92-1403 (A) (2) of this chapter.".
By adding at the end of 92-1403 (F) the following:
"Provided, if a distributor is unable to recover any tax paid from the purchaser or consumer because the purchaser or con sumer shows the same exempt under this Act, then the distributor shall have and recover from the State the amount of tax, interest, and penalty paid on such exempt sales.".
By striking from 92-1403 (H) the following:
"Nothing in this paragraph shall exempt anyone from the imposition of the tax on kerosene as provided by section 92-1403 (A) (2) of this chapter."
Mr. Busbee of the 79th moved that the House agree to the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson
Bagby Barber Barfield Bean Bedgood Bennett
Berry Blalock Bo wen Brinkley Brown, B. D. Brown, C. Brown, M. P. Busbee Byrd Caldwell Gates
Collins, J. F. Collins, M. Colwell Conger Cook Crowe Dailey Daugherty Davis Dean DeLong
2436
JOURNAL OF THE HOUSE,
Dickinson Dollar Drew Duncan Egan Etheridge Evensen Farrar Fleming Fulford Funk Gaissert Gary Gaynor Gignilliat Grahl Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Higginbotham Holder Hood Houston Howard Howell Hutchinson Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M.
Jordan, W. H. Kiley Knapp Lambert Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. McClatchey McDaniell Melton Mitchell Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Pafford Palmer Paris Parrish Peterson Powers Reaves
Reid Richardson Roach Ross Rush Russell Savage Sherman Shields Sims Simkins Smith, W. L. Snow Spikes Spillers Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Watkins Watson Westlake Wiggins Williams, G. J. Wilson, J. M. Wilson, R. W.
Those voting in the negative were Messrs.:
Minge Starnes
Overby Williams, W. M.
Wood
Those not voting were Messrs.:
Black Blair Brackin Brantley Bryant Carley Carnes Carr
Chandler Clarke, H. G. Clark, J. T. Conner Cox Dillon Dixon Dorminy
Doster Elliott Floyd Grier Hadaway Harris, R. W. Hill Hull
Irvin Johnson, B. Jordan, Ben C. Knight Lambros Land Lane Lovett Mauldin McCracken Merritt
FRIDAY, FEBRUARY 18, 1966
2437
Murphy Nessmith, P. Otwell Parker Phillips Pickard Rainey Rowland Smith, A. B. Smith, G. L. II Smith, J. R.
Smith, V. T. Snellings Stalnaker Vaughn, C. R. Walling Ware Webb Wells Mr. Speaker
On the motion to agree, the ayes were 144, nays 5.
The Senate amendment to HB 302 was agreed to.
HB 247. By Messrs. Smith of the 90th, Busbee of the 79th, Hale .of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide for the issuance of honorary drivers' licenses without cost to certain veterans of this State or certain service men of this State; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating the Department of Public Safety for Georgia, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to provide for the issuance of honorary drivers' licenses without cost to certain veterans of this State or certain servicemen of this State; to provide for the issuance of honorary drivers' licenses without cost to surviving spouses of certain veterans, service men and servicewoman of this State; to provide for extension of the expiration date of certain drivers' licenses issued to citizens of this State who become members of the Armed Forces of the United States; 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 creating The Department of Public Safety for Georgia, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, is hereby amended by adding in Section 2 of Article IV, between para graph (c) and subsection (3) of Section 2 of Article IV, which reads as follows:
"(c) Every person who drives any motor vehicle when in use for the transportation of persons or property for compensation.",
and the paragraph the first sentence of which reads as follows:
2438
JOURNAL OF THE HOUSE,
"Except as hereinafter provided, no license shall be issued at any time to a person whose learner's, operator's or chauffeur's li cense has been three times revoked for cause.",
a new subsection to be known as subsection (4) of Section 2 of Article IV, to read as follows:
"(4) Residents of this State who are:
(a) Veterans of the Armed Forces of the United States of America, and who were residents of the State of Georgia at the time of their enlistment or induction with ninety (90) days service, or more, or who shall have been separated from the Armed Forces of the United States prior to the expiration of ninety (90) days service for physical disability which shall have been service-con nected, some part of which was within a war period as the term 'war period' is defined in Public Law No. 2 of the 73rd Congress of the United States, as now or hereafter amended, and who have been separated from such service under honorable conditions, or
(b) Veterans of the Spanish-American War who have been separated from such service under honorable conditions, or
(c) Veterans of the Armed Forces of the United States of America and who were residents of the State of Georgia at the time of their enlistment or induction with ninety (90) days service, or more, or who shall have been separated from the Armed Forces of the United States prior to the expiration of ninety (90) days service for physical disability which shall have been service-con nected, some part of which was within a military campaign or operation waged or prosecuted by authority of the United Nations, provided the Armed Forces of the United States participated in such campaign or operation and who have been separated from such service under honorable conditions, or
(d) Veterans of the Armed Forces of the United States of America, who were residents of the State of Georgia at the time or their enlistment or induction and who shall have been separated from the Armed Forces of the United States for physical disability rated at 50 percent or more which shall have been service-connected, and such physical disability having been received in any war or armed conflict in which any branch of the Armed Forces of the United States engaged, whether under United States command or otherwise, and who have been separated from such service under honorable conditions, or
(e) Veterans of the Armed Forces of the United States of America, who were residents of the State of Georgia at the time of their enlistment or induction and who shall have been awarded the Armed Forces Expeditionary Medal for service in Vietnam or contiguous waters or air space, pursuant to Executive Order No. 10977, signed by the President of the United States on December 4, 1961, or who had been awarded the Vietnam Service Medal for
FRIDAY, FEBRUARY 18, 1966
2439
service in Vietnam or contiguous waters or air space, pursuant to Executive Order No. 11231, signed by the President of the United States on July 8, 1965, and who shall have been separated from such service under honorable conditions, or
(f) The surviving spouse of a veteran, serviceman or servicewoman, who was a resident of the State of Georgia at the time of his enlistment or induction and who has been awarded posthumously the Armed Forces Expeditionary Medal for service in Vietnam or contiguous waters or air space, or who had been awarded the Vietnam Service Medal for service in Vietnam or contiguous waters or air space, so long as such spouse remains unmarried and a resi dent of this State, or
(g) The surviving spouse of any veteran defined in this sub section, so long as such spouse remains unmarried and a resident of this State."
Section 2. Said Act is further amended by adding after Section 2 of Article IV a section to be known as Section 2A of Article IV, to read as follows:
"Section 2A. The expiration date of all current drivers' li censes now held by or hereafter issued to citizens of this State now serving in the Armed Forces of the United States and the expiration date of all drivers' licenses held by or hereafter issued to citizens of this State current at the time such citizen enlists or is inducted into the service of the Armed Forces of the United States are here by extended for the duration of any such service. Provided, that such extended expiration date of any such drivers' licenses shall terminate ninety (90) days after the discharge from the Armed Forces of the United States of any holder thereof."
Section 3. Said Act is further amended by striking Section 17 of Article IV in its entirety and inserting in lieu thereof a new Section 17 of Article IV to read as follows:
"Section 17. It is hereby made the duty of The Department of Public Safety and its successors, and the Directors of Public Safety of Georgia and his successors in office to cause to be issued to each veteran or surviving spouse of a veteran, serviceman or servicewoman as defined in subsection (4) of Section 2 of Article IV, without cost, an honorary driver's license, the same to be a mark of appreciation on the part of the people of Georgia, which shall be a valid operators or drivers' license as required by this Act until the same shall be suspended or revoked in accordance with the law."
Section 4. Said Act is further amended by adding after Section 17 of Article IV a new Section to be known as Section 17A of Article IV, to read as follows:
"Section 17A. No person shall be entitled to receive an hon orary drivers' license pursuant to the provisions of this Act unless he is a bona fide resident of the State of Georgia at the time he makes application therefor."
2440
JOURNAL OP THE HOUSE,
Section 5. Said Act is further amended by striking Section 18 of Article IV in its entirety and inserting in lieu thereof a new Section 18 of Article IV, to read as follows:
"Section 18. It is hereby made the duty of The Department of Public Safety and its successors, and the Director of Public Safety of Georgia, and his successors in office, to cause to be engraved suitable cards, or forms, conforming as far as practicable to the cards, or forms, heretofore issued registrants for drivers' licenses, but appropriate to serve as permanent, honorary drivers' licenses. Said cards, or forms, to be of such texture and of such material as will serve as permanent drivers' licenses cards."
Section 6. Said Act is further amended by striking Section 19 of Article IV in its entirety and inserting in lieu thereof a new Section 19 of Article IV, to read as follows:
"Section 19. The Director of Public Safety of Georgia shall prescribe by rules and regulations application forms to be used by applicants for honorary drivers' licenses authorized by this Act and shall promulgate procedures to pass upon such applications for honorary drivers' licenses as might be filed under authority con tained in this Act and, in making such determinations, the Director shall accept such evidence as is receivable in courts of law in this State under rules of evidence of force. An appeal is hereby author ized on the part of any applicant to The Department of Public Safety to review de novo any application rejected by the Director. The Department of Public Safety, and the Director of Public Safety of Georgia may, in their or his discretion, accept any evidence from The Department of Defense of the United States, the Veterans Ad ministration of the United States and the State Department of Veterans Service in determining eligibility of applicants for honor ary drivers' licenses."
Section 7. Said Act is further amended by striking Section 20 of Article IV in its entirety and inserting in lieu thereof a new Section 20 of Article IV, to read as follows:
"Section 20. Honorary drivers' licenses issued under authority contained in this amendment shall be subject to suspension and revocation in precisely the same manner, and for the same causes, and the same authority, as other drivers' licenses."
Section 8. Said Act, as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1152), is hereby amended by striking Subsection (4) of Section 1 of Article IV, which reads as follows:
"Veterans of the armed forces of the United States of America of ninety days service, or more, some part of which was within a war period as the term 'war period' is defined in Public Law 2 of the 73rd Congress of the United States, as amended, and Public Law 346 of the 78th Congress of the United States, as amended, and
FRIDAY, FEBRUARY 18, 1966
2441
who have been separated from such service under honorable condi tions, also all veterans of the Spanish-American War.",
in its entirety.
Section 9. Said Act, as amended, particularly by an Act creating a Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, particularly by an Act approved February 21, 1951 (Ga. Laws 1951, p. 755), and by an Act approved March 13, 1957 (Ga. Laws 1957, p. 375), is hereby amended by striking Subsection (4) of Section 1 of Article IV, which reads as follows:
"(4) Veterans of the Armed Forces of the United States of America, of ninety days service, or more, or who shall have been separated from the Armed Forces of the United States prior to the expiration of ninety days service for physical disability which shall have been service-connected, some part of which was within a war period as the term 'war period' is defined in Public Law No. 2 of the 73rd Congress of the United States, as amended, and Pub lic Law No. 346 of the 78th Congress of the United States, as amended, and who have been separated from such service under honorable conditions, also veterans of the Spanish-American War, also, pien and women serving at any time in any military campaign, or operation, waged or prosecuted by authority of the United Na tions, provided the Armed Forces of the United States participated in such campaign, or operation.",
in its entirety.
Section 10. Said Act, as amended, particularly by an Act approved January 30, 1945 (Ga. Laws 1945, p. 117), is hereby amended by striking Section 4(a) of Article V, which reads as follows:
"Section 4(a) All current operators drivers' licenses now held by or hereafter issued to citizens of this State now serving in the Armed Forces of the United States, and all operators drivers' licenses held by or hereafter issued to citizens of this State current at the time such citizen enters the service of the Armed Forces of the United States are hereby extended for the duration of the present wars. Provided, that such extended license shall terminate 90 days after the discharge from the Armed Forces of any holder thereof prior to the end of the present wars.",
in its entirety.
Section 11. Said Act as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1152) is hereby amended by striking la. of said amendatory Act which reads as follows:
"Section la. Be it further enacted that no veterans shall be entitled to receive a drivers' license under the provisions of this Act unless he is a bona fide resident of the State of Georgia at the time he makes application for same.",
2442
JOURNAL OF THE HOUSE,
in its entirety.
Section 12. Said Act, as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1152) is hereby amended by striking Section 2a. of said amendatory Act which reads as follows:
"Section 2a. That the surviving widow of a veteran be af forded the same privileges by this Act, so long as she remains unmarried.",
in its entirety.
Section 13. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Steis of the 100th moved that the House agree with 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 Adams Alexander Alien Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blalock Bo wen Brackin Brinkley Brown, B. D.
Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Gates Clark, J. T. Collins, J. F. Collins, M. Cook
Crowe Dailey Davis Dean DeLong Dickinson Dillon Dixon Dollar Drew Duncan Etheridge Evensen Farrar Fleming Fulford Funk Gaissert Gaynor Gignilliat Hamilton Harrell Harris, J. F. Harris, J. R. Harrison Hawkins Herndon Higginbotham Hill Holder
Hood Houston Howell Hull Hutchinson Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lambert Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lovell Lowrey Maddox M alone Marshall Matthews, C. Matthews, D. R. McClatchey McDaniell Melton Minge
Mixon Moore, Don C. Murphy Newton, A. S. Odom Oglesby Overby Pafford Palmer Paris Parrish Peterson Powers Rainey Reid Richardson Roach
FRIDAY, FEBRUARY 18, 1966
2443
Rowland Rush Savage Sherman Sims Simkisn Smith, J. R. Smith, W. L. Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall
Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Watson Westlake Wiggins Williams, W. M. Wood
Voting in the negative was Mr. Howard.
Those not voting were Messrs.:
Anderson Blair Brantley Carr Chandler Clarke, H. G. Colwell Conger Conner Cox Daugherty Dorminy Doster Egan Elliott Floyd Gary Grahl Grier Hadaway Hale Harrington
Harris, R. W. Henderson Irvin Johnson, Dr. A. S. Johnson, B. Jordan, Ben C. Knight Lambros Land Longino Lovett Mauldin McCracken Merritt Mitchell Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, D. L. Otwell Parker Phillips
Pickard Reaves Ross Russell Shields Smith, A. B. Smith, G. L. II Smith, V. T. Snow Townsend Vaughn, C. R. Walling Ware Watkins Webb Wells Williams, G. J. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the motion to agree, the ayes were 139, nays 1.
The Senate substitute to HB 247 was agreed to.
2444
JOURNAL OF THE HOUSE,
HB 32. By Mr. Jones of the 112th:
A Bill to be entitled an Act to provide that every parent having in custody and control over a minor child or children under the age of 17 shall be liable for the wilful and wanton acts of said minor resulting in injury or damage to the person or property, or both, of another; and for other purposes.
The following Senate amendment was read:
The Senate Judiciary Committee moves to amend HB 32 as follows:
By inserting after the word "parent" as it appears in Section 1 the following:
"or other person in loco parentis".
By inserting after the word "parent" as it appears in Section 2 of said bill the words "or other person in loco parentis".
By conforming the caption of the Bill accordingly.
Mr. Jones of the 112th 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 Barber Barfield Bean Bedgood Bennett Berry Black Blalock
Brackin Brinkley Brown, B. D.
Brown, M. P. Bryant Busbee Byrd Carley Gates Collins, J. F. Collins, M. Conger
Conner Crowe Dailey Daugherty Davis DeLong Dickinson Dillon Dixon
Dollar Duncan Egan
Elliott Evensen Farrar Fleming Fulford Funk Gaissert Gary Gaynor
Gignilliat Harrell Harris, J. P. Harris, J. R. Henderson Herndon Higginbotham Hill Holder
Hood Houston Howell
Hull Hutchinson Jones, C. M. Jones, M. Kiley Knapp Lambert Lambros Lea, F. R.
FRIDAY, FEBRUARY 18, 1966
2445
Lee, W. J. (Bill)
Lee, W. S. Levitas Lewis Lovell Lowrey Maddox Malone Marshall Matthews, G. Matthews, D. R. Mauldin McClatchey McDaniell Melton Merritt Minge Mixon Moore, Don C. Murphy Newton, A. S. Odom
Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Phillips Powers Reaves Reid Richardson Roach Sherman Shields Sims Simkins Smith, W. L. Snellings Spikes Spillers
Stalnaker Starnes Steis Stewart Stovall Sullivan Sweat Taylor Thomas Thompson, R. Townsend Tye Vaughan, D. N. Walling Watkins Watson Westlake Wiggins Williams, W. M. Wilson, R. W.
Those not voting were Messrs.:
Adams Alexander Alien Anderson Bagby Blair Bowen Brantley Brown, C. Caldwell Carnes Carr Chandler Clarke, H. G. Clark, J. T. Colwell Cook Cox Dean Dorminy Doster Drew Etheridge Floyd Grahl Grier
Hadaway Hale Hamilton Harrington Harris, R. W. Harrison Hawkins Howard Irvin Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight Land Lane Leonard Longino Lovett McCracken Mitchell Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, D. L.
Peterson Pickard Rainey Ross Rowland Rush Russell Savage Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Story Thompson, A. W. Tucker Underwood Vaugnh, C. R. Ware Webb Wells Williams, G. J. Wilson, J. M. Wood Mr. Speaker
On the motion to agree, the ayes were 127, nays 0.
The Senate amendment to HB 32 was agreed to.
2446
JOURNAL OF THE HOUSE,
HR 149-304. By Messrs. Farrar and Walling of the 118th:
A Resolution authorizing the General Assembly to provide for indemnify ing of private citizen, his spouse or child for personal injury, death or damage to property sustained in preventing commission of a crime or in assisting a peace officer in prevention of a crime or apprehension of a criminal; and for other purposes.
The following Senate substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the indemnification with respect to death, personal injury or property damage sustained in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in materially assisting a peace officer in prevention of a crime or apprehension of a criminal; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for the indemnification with respect to death, personal injury or property damage sustained in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in assisting a peace officer in prevention of a crime or apprehension of a criminal. Such law may provide for the method of payment of such indemnification and all other matters relative to the pur poses herein provided. The General Assembly is hereby authorized to appropriate State funds for the payment of such indemnification and for the purpose of implementing any law as authorized by this paragraph."
Section 2. 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 au thorize the General Assembly to provide by law for the indemnification with respect to death,
FRIDAY, FEBRUARY 18, 1966
2447
personal injury or property damage sustained in NO ( ) preventing the commission of a crime against the
person or property of another, in apprehending a criminal, or in materially assisting a peace officer in prevention of a crime or apprehension of a criminal ? "
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.
Mr. Farrar of the 118th 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 Adams Alexander Anderson Barber Barfield Bean Bedgood Bennett Berry Black Blalock Brackin Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Carley Carnes Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F.
Colwell Conger Conner Cook Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Drew Duncan Egan Elliott Etheridge Evensen Farrar Fleming Fulford Gaissert Gary
Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Herndon Hill Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul
2448
Jones, M. Jordan, W. H. Kiley Knapp Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Lovell Lowrey Maddox Malone Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy
JOURNAL OP THE HOUSE,
Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reid Richardson Roach Ross Rowland Rush Russell Savage Sherman Shields Sims Simkins Smith, V. T. Smith, W. L.
Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Walling Ware Watkins Watson Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M.
Those not voting were Messrs.:
Alien Bagby Blair Bowen Brantley Brown, C. Caldwell Carr Collins, M. Cox Doster Ployd Funk
Hale Harris, R. W. Higginbotham Howard Jordan, Ben C. Knight Land Longino Lovett Marshall Mitchell NeSmith, J. D. Pickard
Reaves Smith, A. B. Smith, G. L. II Smith, J. R. Stovall Taylor Underwood Vaughn, C. R. Webb Wilson, R. W. Wood Mr. Speaker
On the motion to agree, the ayes were 166, nays 0.
The Senate substitute to HR 149-304 was agreed to.
FRIDAY, FEBRUARY 18, 1966
2449
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 336. By Messrs. Wells of the 30th, Moore of the 20th and others:
A Bill to amend Code Section 26-2603 relating to the larceny of certain motor vehicles, so as to provide for a new definition of motor vehicles covererd under the provisions of this Act; to provide that the theft of parts of these vehicles shall also be a crime; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 243. By Mr. Hull of the 104th:
A Bill to be entitled an Act to revise comprehensively the laws relating to subpoenas and other like processes; and for other purposes.
Mr. Lee of the 79th moved that the House insist on its position in disagreeing to the Senate amendment and that a Committee of Conference be appointed to confer with a like Committee on the part of the Senate, and the motion prevailed.
The Speaker appointed as a Committee of Conference to confer with a like Committee on the part of the Senate, the following members of the House:
Messrs. Lee of the 79th, Levitas of the 118th and Elliott of the 107th.
The following Bills of the House were taken up for the purpose of con sidering the Senate amendments or substitutes thereto:
HB 752. By Messrs. Etheridge and Gates of the 123rd and others:
A Bill to be entitled an Act to amend an Act to make it unlawful for any person to employ a minor where alcoholic beverages of any kind are sold in counties having a population of more than 500,000; and for other purposes.
2450
JOURNAL OF THE HOUSE,
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act making it unlawful for any person to employ in any capacity whatsoever a person under eighteen years of age in any place where liquor, beer, wine or alcoholic beverages of any kind are sold or offered for sale, approved March 25, 1958 (Ga. Laws 1958, p. 640), so as to make such employment lawful in counties of this State having a population of more than 500,000 according to the last or any future Federal Decennial census, where (a) the place of employment is in a stadium where beer is the only alcoholic beverage offered for sale to the public generally and (b) such person is not allowed or required to dispense, serve, sell, deliver or take orders for any alcoholic beverages or in any manner to aid or assist in the dis pensing, serving, sale, delivery or taking orders for such beverages, directly or indirectly; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act making it unlawful for any person to employ in any capacity whatsoever a person under eighteen years of age in any place where liquor, beer, wine or alcoholic beverages of any kind are sold or offered for sale, approved March 25, 1958 (Ga. Laws 1958, p. 640) is hereby amended by adding to Section 1 thereof the following:
"Provided further, that in counties of the State of Georgia having a population of more than 500,000 according to the last or any future Federal Decennial census, such employment shall be lawful where (a) the place of employment is in a stadium where beer is the only alcoholic beverage offered for sale to the public generally and (b) such person is not allowed or required to dispense, serve, sell, deliver or take orders for any alcoholic beverages or in an any manner to aid or assist in the dispensing, serving, sale, delivery or taking orders for such beverages, directly or indirectly."
Section 2. This Act shall be applicable to counties of the State of Georgia having a population of more than 500,000 according to the last or any future Federal Decennial census. It shall be effective as to counties now coming within the population classification on the 1st day of the month succeeding its approval by the Governor. As to counties subsequently coming within the population classification, it shall be ef fective on the 1st day of January following the publication of the Federal census.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Egan of the 141st 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:
FRIDAY, FEBRUARY 18, 1966
2451
Those voting in the affirmative were Messrs.:
Alexander Bagby Barber Barfield Bedgood Bennett Berry Blair Bowen Brown, B. D. Bryant Busbee Byrd Caldwell Carley Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, M. Colwell Conger Conner Cook Crowe Daugherty Davis Dollar Drew Duncan Egan Elliott Farrar Funk Gaissert Gary Gaynor Gignilliat
Grahl Hamilton Harrell Harrington Harris, R. W. Holder Hood Howell Hull Hutchinson Johnson, A. S. Dr. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Knight Lambert Lee, W. J. (Bill) Lee, W. S. Lewis Lovell Maddox Malone Matthews, C. Mauldin McClatchey McCracken Melton Merritt Mixon Murphy Nessmith, P. Newton, A. S. Odom Oglesby Overby Pafford
Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Rowland Russell Savage Sherman Simkins Smith, W. L. Snellings Snow Spillers Stalnaker Steis Stewart Story Sullivan Thomas Thompson, A. W. Thompson, R. Town send Tucker Tye Underwood Ware Watkins Watson Wiggins Williams, W. M. Wood
Those voting in the negative were Messrs.:
Abney Adams Alien Bean Black Brackin Games Dailey Dillon
Doster Evensen Fulford Harris, J. R. Hawkins Herndon Hill Houston Marshall
Matthews, D. R. Otwell Smith, V. T. Stovall Taylor Webb Wilson, R. W.
2452
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Anderson Blalock Brantley Brinkley Brown, C. Brown, M. P. Collins, J. P. Cox Dean DeLong Diekinson Dixon Dorminy Etheridge Fleming Floyd Grier Hadaway Hale Harris, J. F. Harrison
Henderson Higginbotham Howard Irvin Johnson, B. Jordan, Ben C. Lambros Land Lane Lea, F. E. Leonard Levitas Longino Lovett Lowrey McDaniell Minge Mitchell Moore, Don C. Moore, J. H. NeSmith, J. D.
Newton, D. L. Pickard Rainey Ross Rush Shields Sims Smith, A. B. Smith, G. L. II Smith, J. R. Spikes Starnes Sweat Vaughan, D. N. Vaughan, C. R. Walling Wells Westlake Williams, G. J. Wilson, J. M. Mr. Speaker
On the motion to agree, the ayes were 116, nays 25.
The Senate substitute to HB 752 was agreed to.
HB 569. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System, so as to provide for fixed benefit plans; and for other purposes.
The following Senate amendment was read:
The Committee on Retirement moves to amend HB 569 as follows:
By inserting at the end of Section 13, which Section is quoted in Section 5 of said Bill, immediately before the quotation mark the following:
"At least ten years service shall be required under any plan established pursuant to this Act to be eligible for retirement benefits.", so that when so amended Section 13 shall read as follows:
"Section 13. Early retirement age under any plan established pursuant to this Act shall be age fifty-five. Each municipal cor-
FRIDAY, FEBRUARY 18, 1966
2453
poration may provide in its plan for normal retirement age not earlier than age sixty-five nor later than age seventy. At least ten years service shall be required under any plan established pursuant to this Act to be eligible for retirement benefits."
Mr. Clarke of the 45th moved that the House agree to the Senate amendment.
On the motion to agree, the roll was called and the_vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Bagby Barber Barfield Bedgood Bennett Berry Black Blair Bowen Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Caldwell Carley Games Gates Chandler Clarke, H. G. Clarke, J. T. Collins, J. F. Coiling, M. Colwell Conger Conner Cook Crowe Dailey Daugherty Davis DeLong Dillon Dixon
Dollar Drew Duncan Egan Elliott Evensen Farrar Fleming Fulford Funk Gaissert Gary Gignilliat Harrell Harrington Harris, J. R. Harris, R. W. Harrison Hawkins Henderson Herndon Hood Houston Howell Hull Hutchinson Johnson, A. S. Dr. Jones, C. M. Jones, G. Paul Jones, M. Kiley Knapp Knight Lane Lea, F. R. Lee, W. S. Lewis Lovell Lowrey
Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Murphy Nessmith, P. Newton, A. S. Odom Oglesby Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reid Richardson Roach Rowland Rush Russell Savage Sherman Sims Simkins
2454
Smith, A. B. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Steis Stewart Story
JOURNAL OF THE HOUSE,
Stovall Sullivan Sweat Taylor Thomas, G. Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N.
Walling Ware Watkins Watson Webb Wiggins Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Anderson Bean Blalock Brantley Byrd Carr Cox Dean Dickinson Dorminy Doster Etheridge Floyd Gaynor Grahl Grier Hadaway Hale
Hamilton Harris, J. F. Higginbotham Hill Holder Howard Irvin Johnson, B. Jordan, Ben C. Jordan, W. H. Lambert Lambros Land Lee, W. J. (Bill) Leonard Levitas Longino Lovett Mitchell
Moore, J. H. NeSmith, J. D. Newton, D. L.
Otwell Pickard Reaves Ross Shields Smith, G. L. II
Smith, J. R. Starnes Underwood Vaughn, C. R. Wells Westlake Williams, G. J. Wilson, J. M. Mr. Speaker
On the motion to agree, the ayes were 148, nays 0.
The Senate amendment to HB 569 was agreed to.
HB 105. By Mrs. Hamilton of the 137th; Messrs. Cates of the 123rd and Adams of the 125th:
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 ex penses caused by their displacement from real property acquired for such project; and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2455
The following Senate amendment was read:
Senator Adams of the 26th moves to amend Section 4 of the Com mittee Substitute for HB 105 by changing the period at the end of the second sentence to a semicolon and adding the following:
"Provided, however, nothing herein shall be construed to re strict the compensation payable to utilities for the relocation of their facilities."
Mrs. Hamilton of the 137th moved that the House agree to the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Anderson Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Games Gates Chandler Clark, J. T. Collins, J. F. Colwell Conger Conner Cook Crowe Dailey
Davis DeLong Dickinson Dillon Dixon Dollar Doster Drew Duncan Egan Elliott Etheridge Farrar Fleming Fulford Funk Gaissert Gaynor Gignilliat Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Houston Howell
Hull Hutchinson Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Kiley Knapp Knight Lane Lea, F. R. Lee, W. S. Lewis Lowrey Maddox Malone Marshall Matthews, C. Mauldin McCracken McDaniell Melton Merritt Minge Moore, Don C. NeSmith, J. D. Newton, A. S. Oglesby Overby Pafford Palmer Parker
2456
Parrish Peterson Phillips Powers Reid Richardson Roach Rowland Rush Russell Savage Sherman Sims Simkins Smith, J. R. Smith, V. T.
JOURNAL OF THE HOUSE,
Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W.
Thompson, R. Townsend Tucker Tye Vaughan, D. N. Walling Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alien Bean Bowen Brantley Caldwell Carr Clarke, H. G. Collins, M. Cox Daugherty Dean Dorminy Evensen Floyd Gary Grahl Grier Hadaway Hawkins Herndon
Hill Howard Irvin Jordan, Ben C. Jordan, W. H. Lambert Lambros Land Lee, W. J. (Bill) Leonard Levitas Longino Lovell Lovett Matthews, D. R. McClatchey Mitchell Mixon Moore, J. H. Murphy
Nessmith, P. Newton, D. L. Odom Otwell Paris Pickard Rainey Reaves Ross Shields Smith, A. B. Smith, G. L. II Underwood Vaughn, C. R. Ware Watkins Wells Wilson, J. M. Mr. Speaker
On the motion to agree, the ayes were 145, nays 0.
The Senate amendment to HB 105 was agreed to.
HB 146. By Messrs. Smith of the 85th, Smith of the 114th and Drew of the 116th:
A Bill to be entitled an Act to amend Georgia Code Section 13-9933, which prohibits the making or delivery of a worthless check, draft or order for the payment of money, as amended, so as to provide that whenever the money, goods, other property of value, wages or salary
FRIDAY, FEBRUARY 18, 1966
2457
has a value in excess of $50.00, then the crime shall constitute a felony; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to provide that whoever moves or travels from the territorial limits of this State with intent to avoid prosecution for the commission of an offense punishable under the laws of this State shall be guilty of a felony; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Whoever moves or travels from the territorial limits of this State with intent to avoid prosecution for the commission of an offense punishable under the laws of this State shall be guilty of a felony, and upon conviction thereof shall be punished by confinement in the penitentiary for not less than one nor more than two years.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Smith of the 85th 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 Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bedgood Bennett Berry Black Blalock Brinkley Brown, B. D. Brown, C. Brown, M. P.
Bryant Busbee Byrd Carley Games Gates Chandler Collins Colwell Conger Conner Cook Dailey Daugherty Dean DeLong Dickinson Crowe
Dillon Dixon Dollar Doster Drew Duncan Egan Elliott Etheridge Evensen Farrar Fleming Fulford Funk Gaissert Gary Gignilliat Hamilton
2458
JOURNAL OF THE HOUSE,
Harrell Harrington Harris, J. F. Harris, J. R.
Harris, R. W. Harrison Hawkhis Henderson Herndon Holder Hood Houston Howell Hull Hutchinson Jones, C. M. Jones, G. Paul Jones, M. Kiley Knapp Knight Lea, F. R.
Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Mauldin
McClatchey McCracken McDaniell Melton Minge Mixon Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Oglesby
Overby Pafford
Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Roach Ross Rowland Rush Russell Savage Sherman Simkins Smith, A. B. Smith, J. R.
Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N.
Walling Watkins Watson Webb Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Blair Bowen Brackin
Brantley Caldwell Carr Clarke, H. G. Clark, J. T. Collins, M. Cox Davis Dorminy Floyd Gaynor Grahl Grier Hadaway Hale
Higginbotham Hill Howard Irvin Johnson, A. S. Dr. Johnson, B. Jordan, Ben C. Jordan, W. H. Lambert
Lambros Land Lane Leonard Levitas Lovett Matthews, D. R. Merritt Mitchell
Moore, Don C. Moore, J. H. Newton, D. L. Odom Otwell Pickard Rainey Shields Sims Smith, G. L. II Smith, V. T. Steis Vaughn, C. R. Ware Wells Westlake Mr. Speaker
FRIDAY, FEBRUARY 18, 1966
2459
On the motion to agree, the ayes were 151, nays 0.
The Senate substitute to HB 146 was agreed to.
HB 220. By Mr. Palmer of the 117th:
A Bill to be entitled an Act to amend Code Chapter 88-19, constituting a part of the Georgia Health Code, relating to regulations of hospitals and related institutions, so as to provide that any person, hospital or other organization may provide information or other data relating to the condition of any person to research groups; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 88-19, constituting a part of the Georgia Health Code, relating to regulations of hospitals and related institutions, so as to provide that any hospital, sanitorium, medical or skilled nursing home or other organization rendering patient care may provide information, interviews, reports, statements, memo randa, or other data relating to the condition and treatment of any person to research groups approved by the medical staff of the institu tion involved, governmental health agencies, organized medical associa tions and societies, and in-hospital staff committees in the course of a medical study for the purpose of reducing morbidity or mortality; to provide that such information and material so furnished my be used only for the purpose of advancing medical research and medical educa tion; to provide for general publication of a summary of said studies; to provide an exemption from liability for those furnishing such informa tion and for those studying and publishing the results and summaries of such studies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 88-19, constituting a part of the Georgia Health Code, relating to regulations of hospitals and related institutions, is hereby amended by adding after Code Section 88-1907 a new Code Section to be known as Code Section 88-1908, to read as follows:
"88-1908. Any hospital, sanitorium, medical or skilled nursing home or other organization rendering patient care may provide information, interviews, reports, statements, memoranda, or other data relating to the condition and treatment of any person to research groups approved by the medical staff of the institution involved, governmental health agencies, medical associations and societies, and any in-hospital medical staff committee, to be used in the course of any study for the purpose of reducing morbidity or mortality, and no liability of any kind or character for damages
2460
JOURNAL OF THE HOUSE,
or other relief shall arise or be enforced against any person or organization by reason of having provided such information or material, or by reason of having released or published the findings and conclusions of such groups to advance medical research, medical education or to achieve the most effective use of health manpower and facilities, or by reason of having released or published generally a summary of such studies."
Section 2. Said Code Chapter is further amended by adding after Code Section 88-1908 a new code section to be known as Code Section 88-1909, to read as follows:
"88-1909. The research groups approved by the medical staff of the institution involved, governmental health agencies, organized medical associations and societies or any in-hospital medical staff committee shall use or publish said material only for the purpose of advancing medical research, medical education or to achieve the most effective use of health manpower and facilities, in the interest of reducing morbidity or mortality, except that a summary of such studies may be released by any such group for general publication."
Section 3. Said Code Chapter is further amended by adding after Code Section 88-1909 a new code section to be known as Code Section 88-1910, to read as follows:
"88-1910. In all events the identitfy of any person whose condi tion or treatment has been studied, as provided in Section 88-1908, shall be confidential and shall not be revealed under any circum stances."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Palmer of the 117th moved that the House agree with 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 Adams Alexander Alien Bagby Barber Barfield Bedgood Bennett Berry
Blair Blalock Brackin Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Carley
Carnes Gates Chandler Collins, J. P. Colwell Conger Conner Crowe Dailey Daugherty
Davis Dean Dickinson Dillon Dixon Dollar Drew Duncan Egan Elliott Etheridge Evensen Farrar Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Herndon Higginbotham Hood Houston Hull Hutchinson Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jones, M.
FRIDAY, FEBRUARY 18, 1966
2461
Kiley Knapp Knight Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCraeken McDaniell Melton Merritt Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Pafford Palmer Paris Parker Parrish Peterson Phillips Reaves
Reid Richardson Roach Ross Rowland Rush Russell Savage Sherman Sims Smith, A. B. Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Townsend Tucker Tye Vaughan, D. N. Walling Watkins Watson Webb Wiggins Williams, G. J. Wilson, R. W.
Those voting in the negative were Messrs.
Bean
DeLong
Fleming
Those not voting were Messrs.:
Anderson Black Bo wen Brantley Brown, C. Caldwell
Carr Clarke, H. G. Clark, J. T. Collins, M. Cook Cox
Dorminy Doster Floyd Gary Hadaway Hale
2462
JOURNAL OF THE HOUSE,
Hawkins Hill Holder Howard Howell Johnson, A. S. Dr. Jordan, Ben C. Jordan, W. H. Lambert Land Le vitas Lovett
Lowrey Matthews, D. R. Mitchell Moore, J. H. Newton, D. L. Otwell Overby Pickard Powers Rainey Shields Simkins
Smith, G. L. II Starnes Thompson, R. Underwood Vaughn, C. R. Ware Wells Westlake Williams, W. M. Wilson, J. M. Wood Mr. Speaker
On the motion to agree, the ayes were 147, nays 3.
The Senate substitute to HB 220 was agreed to.
HB 273. By Mr. Overby of the 16th:
A Bill to be entitled an Act to amend Code Chapter 36-11, relating to condemnation and eminent domain, so as to provide a more efficient and certain method of service upon non-residents who own the property condemned; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 36-11 and related Chapter 36-3 of the Code of Georgia of 1933, relating to condemnation and eminent domain, so as to provide a more efficient and certain method of service upon nonresidents who own the property condemned, or who may have some lawful interest in such property; to provide a method of service of registered United States mail; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 36-3 of the Code of Georgia of 1933, is hereby amended by striking Code Section 36-312, relating to service which cannot be personally made, in its entirety and inserting in lieu thereof a new Code Section 36-312 to read as follows:
"36-312. Where notice cannot be served.--In case where serv ice cannot be effected by leaving notice at place of residence or by personal service, the notice shall be posted by the sheriff at the courthouse door 15 days, and the sheriff shall cause such notice to be published once in the official paper one week before the day fixed for assessing the damages."
FRIDAY, FEBRUARY 18, 1966
2463
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Overby of the 16th 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 Adams Alexander Barber Barfield Bean Bedgood Bennett Berry Black Blair Blalock Bowen Brackin Brinkley Brown, B. D. Brown, M. P. Bryant Byrd Carley Carnes Gates Clark Collins Colwell Cook Crowe Dailey DeLong Dickinson Dillon Dollar Dorminy Drew Duncan Egan Elliott Etheridge Farrar Fleming Fulford Funk Gaissert Gaynor
Grier Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Henderson Herndon Hood Houston Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lambert Lea, F. R.
Lee, W. S. Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Mauldin McDaniell Melton Merritt Minge Mixon Moore, Don C. NeSmith, J. D. Newton, A. S.
Odom Oglesby Overby Pafford Palmer Paris Parrish Peterson Phillips Powers Reaves Rowland Russell Savage Sherman Sims Simkins Smith, A. B. Smith, J. R. Smith, V. T. Snellings Spikes Spillers Stalnaker Starnes Steis Stewart Sullivan Thomas Thompson, A. W. Townsend Tucker Tye Vaughan, D. N. Walling Watkins Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
2464
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Alien Anderson Bagby Brantley Brown, C. Busbee Caldwell Carr Chandler Clarke, H. G. Collins, J. F. Conger Conner Cox Daugherty Davis Dean Dixon Doster Evensen Floyd Gary Gignilliat Grahl
Hadaway Harrison Higginbotham Holder Howard Johnson, B. Jones, C. M. Jordan, Ben C. Knight Lambros Land Lane Lee, W. J. (Bill) Leonard Lovett Matthews, D. R. McClatchey McCracken Mitchell Moore, J. H. Murphy Nessmith, P. Newton, D. L. Otwell
Parker Pickard Rainey Reid Richardson Roach Ross Rush Shields Smith, G. L. II Smith, W. L. Snow Story Stovall Sweat Taylor Thompson, R. Underwood
Vaughn, C. R. Ware Watson Webb Wells Mr. Speaker
On the motion to agree, the ayes were 131, nays 0.
The Senate substitute to HB 273 was agreed to.
HR 345-770. By Messrs. Story and Watson of the 22nd: A Resolution proposing an amendment to the Constitution so as to empower the Clerk of the Superior Court of Gwinnett County to issue criminal warrants; and for other purposes.
The following Senate amendment was read:
Senator Minish of 48th moves to amend HR 345-770 as follows:
By adding before the phrase "and for other purposes." the phrase "to provide an effective date;".
By adding at the beginning of the new paragraph provided for in Section 1 the following:
"Beginning on January 1, 1969,",
FRIDAY, FEBRUARY 18, 1966
2465
so that when so amended the new paragraph shall read as follows:
"Beginning on January 1, 1969, the Clerk of the Superior Court of Gwinnett County is hereby empowered to issue criminal warrants in the same manner and under the same procedure as that provided for justices of the peace, and any warrant so issued by the Clerk shall be returnable to any judicial officer of this State. For issuing each such warrant the Clerk shall collect the same fee therefor as that provided for the issuance of such war rants by justices of the peace and all such fees shall be held by the Clerk of the Superior Court for Gwinnett County and shall be the property of Gwinnett County. Such fees shall be turned over to the proper authority of Gwinnett County in the same manner as other fees collected by the Clerk."
Mr. Story of the 22nd moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 150, nays 0.
The Senate amendment to HR 345-770 was agreed to.
HB 14. By Mr. Westlake of the 119th:
A Bill to be entitled an Act to amend an Act relating to the examina tion of applicants for certain licenses issued by the Insurance Com missioner, so as to allow certain applicants who have completed certain examinations to receive such licenses without the necessity of taking certain written examinations; and for other purposes.
The following Senate amendment was read:
The Banking and Finance Committee moves to amend House Bill 14 as follows:
By adding at the end of Section 1 the following:
"and by adding at the end of subsection (2) of said section the following:
'Provided, however, that an applicant for a license to act as a counsellor who shall furnish to the satisfaction of the Commis sioner proof that he has successfully completed all of the examina tions prescribed by the Society of Chartered Life Underwriters of the American College of Life Underwriters leading to the degree of a Chartered Life Underwriter shall not be required to take the written examination provided for in this subsection prior to the issuance of such a license.' "
2466
JOURNAL OF THE HOUSE,
Mr. Westlake of the 119th moved that the House agree with the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Barber Barfield Bean Bedgood Bennett Berry Blair Brackin Brinkley Brown, M. P. Bryant Byrd Carley Carnes Carr Gates Colwell Conner Crowe Dailey Dickinson Dillon Dixon Dorminy Drew Duncan, A. C. Elliott Etheridge Evensen Farrar Fleming Fullord Funk Gaissertn Gary Gaynor Gignilliat Grier Hale Harrell Harris, J. F. Harris, J. R.
Harrison Hawkins Henderson Herndon Higginbotham Hood Houston
Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Leonard Lewis Longino Lovell Lowrey Maddox Malone Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell
Overby Pafford Palmer Parker Phillips Powers Rainey Reaves Reid Richardson Rowland Russell Savage Sherman Sims Simkins Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Stewart Story Sullivan Sweat Thomas Thompson, A. W. Townsend Tucker Tye Vaughan, D. N. Walling Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wood
FRIDAY, FEBRUARY 18, 1966
2467
Those not voting were Messrs.:
Anderson Bagby Black Blalock Bo wen Brantley Brown, B. D. Brown, C. Busbee Caldwell Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Conger Cook Cox Daugherty Davis Dean DeLong Dollar
Doster Egan Floyd Grahl Hadaway Hamilton Harrington Harris, R. W. Hill Holder Howard Jordan, Ben C. Knight Lambert Lambros Land Lane Levitas Lovett Marshall Matthews, D. R. Mitchell Murphy
NeSmith, J. D. Paris Parrish Peterson Pickard Roach Ross Rush Shields Smith, A. B. Smith, G. L. II Smith, V. T. Stalnaker Stovall Taylor Thompson, R. Underwood Vaughn, C. R. Ware Wells Wilson, R. W. Mr. Speaker
On the motion to agree, the ayes were 136, nays 0.
The Senate amendment to HB 14 was agreed to.
HR 319-719. By Mr. Anderson of the 71st:
A Resolution proposing an amendment to the Constitution so as to create the Bleckley-Cochran Industrial Development Authority; and for other purposes.
The following Senate amendment was read:
C&M Committee moves to amend HR 319-719 as follows:
By inserting in Section 1, Paragraph B., in the fifth line, the fol lowing words between "Company" and "one":
", the President of the Bleckley County Farm Bureau,".
Mr. Anderson of the 71st moved that the House agree to the Senate amend ment.
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On the motion to agree, the roll call was ordered and the vote was follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, M. P. Bryant Busbee Byrd Carley Carnes Carr Gates Chandler Clarke, H. G. Collins, J. F. Collins, M. Colwell Conner Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dorminy Drew Duncan Egan Elliott Etheridge Evensen Farrar Fleming Fulford
Funk Gaynor Gignilliat Grier Hale Harrington Harris, J. R. Harris, R. W. Hawking Henderson Herndon Higginbotham Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lambert Lambros Lane Lea, F. R. Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C.
Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Parker Parrish Phillips Powers Reaves Reid Richardson Rowland Russell Savage Sherman Shields Sims Simkins Smith, A. B. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Stewart Story Sullivan Sweat Taylor Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Walling Ware Watkins
Watson Webb Wells Westlake
FRIDAY, FEBRUARY 18, 1966
2469
Wiggins Williams, G. J. Williams, W. M. Wilson, J. M.
Wilson, R. W. Wood
Those not voting were Messrs.:
Bean Bowen Brantley Brown, B. D. Brown, C. Caldwell Clark, J. T. Conger Cook Dollar Doster Floyd Gaissert Gary Grahl
Hadaway Hamilton Harrell Harris, J. F. Harrison Hill Howard Jordan, Ben C. Knight Land Lee, W. J. (Bill) Lovett Marshall Matthews, D. R. Mitchell
Paris Peterson Pickard Rainey Roach Ross Rush Smith, G. L. II Smith, J. R. Stalnaker
Stovall Vaughn, C. R. Mr. Speaker
On the motion to agree, the ayes were 161, nays 0.
The Senate amendment to HR 319-719 was agreed to.
HB 336. By Messrs. Wells of the 30th, Moore of the 20th, Matthews and Bedgood of the 29th, Johnson of the 40th and others: A Bill to be entitled an Act to amend Code Section 26-2603, relating to the larceny of certain motor vehicles, so as to provide for a new defi nition of motor vehicles covered under the provisions of this Act; to provide that the theft of parts of these vehicles shall also be a crime; and for other purposes.
The following Senate amendment was read:
Senator Brown, 46th, moves to amend HB 336 (as passed House) as follows:
By adding to the new Code Section 26-2603 a new Subsection to be designated Subsection (c) to read as follows:
"(c). Procedure for Determining Sentence.
(1) Indictment. The indictment charging any offense under this Section shall contain the same allegations as prior to the adoption of this Act.
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(2) Method for Establishing Sentence.
a. Jury Trials. The jury shall first make a determination as to the guilt or innocence of the defendant. Upon such a determina tion, the foreman of the jury shall so report the same to the judge. In the event such determination is that the defendant is guilty of the offense charged, then the judge shall recall the jury and the solicitor shall present evidence as to the sentence to be imposed. Such evidence shall consist of whether the defendant has been previously convicted of the larceny of any motor vehicle as pro vided in this Act and, in the event this be the case, whether the current offense is the second, third or subsequent offense of the defendant. In the event the solicitor proves that the defendant has been previously convicted, then the judge shall charge the jury that in setting sentence if this be the defendant's second conviction they shall set a sentence for a determinate number of years, not less than five nor more than ten years. In the event such convic tion is the third or any subsequent conviction for the defendant, then the judge shall charge the jury that in setting the sentence the jury shall set the sentence for a determinate number of years not less than ten nor more than twenty years. In the event the solicitor fails to prove that the defendant has been previously con victed as provided herein then the judge shall charge the jury that, in determining sentence, the sentence shall be for a specific number of years not less than three nor more than seven years, provided that the jury may recommend that the same be punished as for a misdemeanor.
The defendant shall have the right to challenge or impeach any evidence that the solicitor may present as provided in this Subsection in the same manner as with other evidence on the prin cipal issue of guilt.
b. Non-Jury Trials. Upon the judge making a determination that the defendant is guilty then the solicitor shall present evi dence as to any previous convictions for the same type crime as provided in jury trials and the defendant shall have the same right to challenge or impeach such evidence as in jury trials. Upon a determination by the judge that the defendant has been previ ously convicted in accordance with this Subsection, then he shall impose sentence for a specific number of years in the same manner as provided for with jury trials. For a first offense the sentence shall be not less than three nor more than seven years, for a second offense not less than five nor more than ten years and for a third or subsequent offense not less than ten nor more than twenty years. Provided, however, that in the case of first of fenders, the judge may punish the defendant as for a misdemeanor and in the cose of jury trials where the jury recommends the de fendant be punished as for a misdemeanor, the judge may ignore or accept such recommendation and, in the event he accepts such recommendation, he shall sentence the defendant accordingly. In the event he rejects such recommendation, he shall set the sentence for a specific term of years, not less than three nor more than seven years."
FRIDAY, FEBRUARY 18, 1966
2471
Mr. Wells of the 30th moved that the House agree to the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Barber Barfield Bean
Bedgood Bennett Berry Blair Blalock Brackin Brinkley Brown, B. D. Brown, M. P. Bryant Byrd Carley Games Carr Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Cox Crowe Dailey Davis Dean DeLong Dickinson Dillon Dorminy Doster Drew Duncan Egan Elliott Evensen Farrar Fleming Fulford
Funk Gaissert Gaynor Gignilliat Grier Harrington Harris, J. F. Harris, J. R. Herndon Higginbotham Hood Houston Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lambros Lane Lea, F. R. Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moore, J. H.
NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Palmer Parker Parrish Phillips Powers Reaves Reid Richardson Ross Rowland Russell Savage Sherman Shields Sims Simkins Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Townsend Tucker Tye Vaughan, D. N. Ware
2472
Watkins Watson Webb Wells
JOURNAL OF THE HOUSE,
Westlake Wiggins Williams, G. J. Williams, W. M.
Wilson, R. W. Wood
Those not voting were Messrs.:
Bagby Black Bowen Brantley Brown, C. Busbee Caldwell Conger Conner Cook Daugherty Dixon Dollar Etheridge Floyd Gary Grahl Hadaway
Hale Hamilton Harrell Harris, R. W. Harrison Hawkins Henderson Hill Holder Howard Jordan, Ben C. Knight Lambert Land Lee, W. J. (Bill) Lovett Marshall Matthews, D. R.
Mitchell Murphy Paris Peterson Pickard Rainey Roach Rush Smith, A. B. Smith, G. L. II Stalnaker Thompson, R. Underwood Vaughn, C. R. Walling Wilson, J. M. Mr. Speaker
On the motion to agree, the ayes were 151, nays 0.
The Senate amendment to HB 336 was agreed to.
The following Resolution of the Senate was again taken up by the House for the purpose of reconsidering its action in failing to give the requisite consti tutional majority thereto:
SR 38. By Senators Webb of the llth and Jackson of the 16th:
A Resolution proposing an amendment to the Constitution so as to authorize the establishment of area school systems and area schools, including such special schools as vocational trade schools, schools for exceptional children, and schools for adult education, by two or more county and/or independent boards of education pursuant to general or local law and upon voter approval; and for other purposes.
The following Committee substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution of Georgia, so as to authorize the General Assembly to provide for consolidation or merger
FRIDAY, FEBRUARY 18, 1966
2473
of county school districts and independent school systems into area school districts by local referendum; to provide for establishment of area boards of education, area school superintendents, organization, management and support of area school districts, and for changes there in by local referendum; to authorize boards of education of county, independent and area school districts to enter into contracts respecting certain matters, and to expend school tax funds for public education purposes; to authorize establishment of area schools, including special schools by general or local law and by local referendum, and to provide for organization, management and support of same and preservation of existing special schools heretofore established; to provide for 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 of the Constitution of Georgia is hereby amended by striking Section IX in its entirety and substituting in lieu thereof a new Section IX to read as follows:
"SECTION IX.
"Paragraph I. Area School Districts; Area Boards of Educa tion; Area School Superintendents.--The General Assembly may, by general, special or local law, provide for consolidation and merger of any two or more county school districts, independent school systems, or any portion or combination thereof, into a single area school district under the control and management of an area board of education. No such consolidation or merger shall become effective until approved by a majority of the voters voting in a referendum thereon in each school district or school system being consolidated or merged. Any area school district so established shall constitute a separate political subdivision of this State, and the school districts or school systems or portions thereof incor porated therein shall stand abolished, and title to all school proper ties and assets therein shall vest in the area board of education. The number of members of an area board of education, their man ner of election or appointment, their terms, residence requirements, qualifications, powers, duties and the method for filling vacancies on said boards shall be as provided by law. There shall be an area school superintendent in each area school district, who shall be the executive officer of the area board of education. The manner of his election or appointment, and his qualifications, term of office, residence requirements, powers, duties and compensation shall be as provided by law. Subsequent to the creation of an area school district, the number and the manner of election or appointment of members of the area board of education and method for filling vacancies occurring on said boards, and their terms of office and residence requirements, and the manner of election or appointment of the area school superintendent, and his tenure, and residence requirements, may be changed by local or special law conditioned upon approval by a majority of the qualified voters of the area school district voting in a referendum thereon. Members of area boards of education and area school superintendents shall have such powers, duties and further qualifications as provided by law.
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"Paragraph II. Power of Boards to Contract With Each Other.--Any two or more county boards of education, independent school systems, or area boards of education, or any combination thereof, may contract with each other for the care, education and transportation of pupils and for such other activities as they may be authorized by law to perform."
Section 2. Article VIII of the Constitution of Georgia is hereby amended by striking Section XII in its entirety and substituting in lieu thereof a new Section XII to read as follows:
"SECTION XII.
"Paragraph I. Local Taxation for Education.--The fiscal au thority for each county shall annually levy a school tax for the sup port and maintenance of education, not greater than twenty mills per dollar as certified to it by the county board of education, upon the assessed value of all taxable property within the county located outside any independent school system or area school district there in. The independent school system of Chatham County and the City of Savannah being co-extensive with said county, the levy of said tax shall be on all property in said county as recommended by the governing body of said system. The certification to be made by an Area Board of Education to the fiscal authorities of the territories comprising an area school district shall be in such amount and within such limits as may be prescribed by general or local law applicable thereto, and upon such certification being made it shall be the duty of such fiscal authorities to levy such tax in accordance with such certification, but such levy shall not be greater than twenty mills per dollar upon the assessed value of the taxable property therein. School tax funds shall be expended only for the support and maintenance of public schools, public education, and activities necessary or incidental thereto, including school lunch purposes.
"Paragraph II. Increasing or Removing Tax Rate.--The twenty mill limitation provided in Paragraph I above may be re moved or increased in a county and in territories comprising an area school district under the procedure set out hereinafter. The county or area board of eductaion, in order to instigate the pro cedure, must pass a resolution recommending that the limitation be removed and upon presentation of such resolution to the ordi nary or to the proper authorities of territories comprising an area school district, as the case may be, it shall be their duty, with in ten days of the receipt of the resolution, to issue the call of an election to determine whether such limitation shall be removed. The election shall be set to be held on a date not less than twenty nor more than thirty days from the date of the issuance of the call and shall have the date and purpose of the election published in the official organ of the county once a week for two weeks pre ceding the date of the election. If a majority of the electors quali fied to vote for members of the General Assembly voting in such election vote in favor of such proposal, there shall be no limitation in such county or in such territories comprising an area school dis trict and the county or area board of education may recommend
FRIDAY, FEBRUARY 18, 1966
2475
any number of mills for the purposes set out in Paragraph I above. In lieu of recommending that the limitation be removed entirely, the county or area board of education may recommend that it be increased and shall specify the amount in the resolution. The elec tion provisions for increase shall be the same as for removal and if the proposal is favorably voted upon the county or area board may recommend up to the specified amount. It shall be the duty of the ordinary or the proper authorities, as the case may be, to hold the election, to canvass the returns and declare the results. It shall also be their duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county or by the territories comprising an area school district, as the case may be."
Section 3. Article VII, Section VI, Paragraph I of the Constitu tion of Georgia is hereby amended by striking in its entirety Subparagraph (d) and inserting in lieu thereof a new Subparagraph (d) to read as follows:
"Subparagraph (d). Special Schools; Creation; Taxes and Bonds.--The board of education of any county, area school district or independent school system, or any combination thereof, may establish, pursuant to general or local law enacted by the General Assembly, one or more area schools, including special schools such as vocational trade schools, schools for exceptional children, and schools for adult education, in one or more of such political sub divisions; provided, however, that the establishment and operation of such schools pursuant to such general or local law, and any sub sequent amendments thereof, shall be first approved by a majority of the voters voting thereon in each of the school districts or sys tems affected thereby in separate referendums held in the manner provided by law. The government, powers and duties of boards of education participating in the establishment or operation of such schools and respecting such schools shall be defined in the general or local law authorizing the same, and such participating political subdivisions shall be authorized to incur bonded indebtedness not to exceed three per centum of the assessed value of all the taxable property therein and to require the levy of school tax funds re quired for the establishment and operation of such schools in such amount and manner as shall be provided in such general or local law, which shall be in addition to any and all other indebtedness and school tax fund levies authorized by this Constitution and by the laws of this State. Schools established pursuant to provisions of this Section shall be operated in conformance with regulations promulgated by the State Board of Education pursuant to pro visions of law. The State is hereby authorized to expend funds for the support and maintenance of such schools in such amount and manner as may be provided by law. Special schools, including voca tional trade schools, established prior to the adoption of this amend ment under former Subparagraph (d) of Article VII, Section VI, Paragraph I of the Constitution shall not be affected by this amendment, any political subdivision which established such a school is hereby authorized to levy taxes for the support of such school regardless of whether it is located within the territorial limits of such subdivision and any such political subdivision is hereby au thorized to incur bonded indebtedness, not to exceed three per centum of the assessed value of all the taxable property therein, for
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the support of, or acquisition and construction of facilities for such school. Any such bonded indebtedness shall be incurred pur suant to provisions of Article VII, Section VII of this Constitution and the laws of this State relative to incurring other bonded in debtedness. Such bonded indebtedness shall be in addition to any and all other indebtedness authorized by the Constitution and the laws of Georgia. Such taxes levied by such political subdivision shall be in addition to all school taxes authorized by this Constitu tion and the laws of this State. The State is hereby authorized to expend funds for the support of such established schools in such amount and manner as may be provided by law."
Section 4. 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 establishment of area schools and area school districts
NO ( ) by local referendum including special schools such as vocational trade schools, schools for exceptional chil dren, and schools for adult education, and for their organization, management, financing; and to author ize contracts between boards of education and expendi ture of school tax funds for public education pur poses; and to preserve special schools heretofore estab lished?"
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 amendments to the Committee substitute were read and adopted:
Blair of the 68th moves to amend Committee Substitute to SR 38 as follows:
By striking from Paragraph I of Section IX, which Paragraph is quoted in Section 1 of said resolution, the words "The General Assem bly may", as they appear in the first sentence thereof and substituting in lieu thereof the following:
FRIDAY, FEBRUARY 18, 1966
2477
"The Boards of Education of any two or more counties, or independent school systems, or any combination thereof, may",
and by inserting between the words "voters" and "of", as they appear in the next to the last sentence of said Paragraph, the following:
"in each of the original political subdivisions", so that when so amended Paragraph I shall read as follows:
"Paragraph I. Area School Districts; Area Boards of Educa tion; Area School Superintendents.--The boards of education of any two or more counties, or independent school systems, or any combi nation thereof, may, by general, special or local law, provide for con solidation and merger of any two or more county school districts, independent school systems, or any portion or combination thereof, into a single area school district under the control and management of an area board of education. No such consolidation or merger shall become effective until approved by a majority of the voters voting in each of the school districts or school systems affected in a referendum held thereon in each school district or school system being consolidated or merged. Any area school district so estab lished shall constitute a separate political subdivision of this State, and the school districts or school systems or portions thereof in corporated therein shall stand abolished, and title to all school prop erties and assets therein shall vest in the area board of education. The number of members of an area board of education, their man ner of election or appointment, their terms, residence requirements, qualifications, powers, duties and the method for filling vacancies on said boards shall be as provided by law. There shall be an area school superintendent in each area school district, who shall be the executive officer of the area board of education. The manner of his election or appointment, and his qualifications, term of office, resi dence requirements, powers, duties and compensation shall be as provided by law. Subsequent to the creation of an area school dis trict, the number and the manner of election or appointment of members of the area board of education and method for filling vacancies occurring on said boards, and their terms of office and residence requirements, and the manner of election or appointment of the area school superintendent, and his tenure, and residence requirements, may be changed by local or special law, conditioned upon approval by a majority of the qualified voters in each of the original political subdivisions of the area school district voting in a referendum thereon. Members of area boards of education and area school superintendents shall have such powers, duties and further qualifications as provided by law."
By striking from Subparagraph (d), which Subparagraph is quoted in Section 3 of said resolution, the following phrases as they appear in the first sentence thereof:
"not to exceed three per centum of the assessed value of all the taxable property therein and".
and
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"which shall be in addition to any and all other indebtedness and school tax fund levies authorized by this Constitution and by the laws of this State.",
and by further striking from Subparagraph (d) the following:
"not to exceed three per centum of the assessed value of all the taxable property therein",
and by further striking from Subparagraph (d) the following sentences:
"Such bonded indebtedness shall be in addition to any and all other indebtedness authorized by the Constitution and the laws of Georgia. Such taxes levied by such political subdivision shall be in addition to all school taxes authorized by this Constitution and the laws of this State."
Mr. Mixon of the 81st moves to amend Committee Substitute to SR 38 by striking from said Bill the word "general" wherever it may appear in said Resolution with reference to "general law".
Mr. Dorminy of the 72nd moves to amend SR 38, Section IX, Paragraph I by adding following the word merged in line 11, "Provided 51% of the registered voters in each district or system concerned shall vote in such election and pro vided a majority of said voters voting shall vote in the affirmative."
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution, by Committee substitute, was agreed to, as amended.
On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bean Bennett Berry Blair Blalock
Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Carnes Gates Chandler Clarke, H. G.
Clark, J. T. Collins, J. F. Collins, M. Colwell Cook Cox Crowe Dailey Daugherty Davis Dean Dickinson Dillon
FRIDAY, FEBRUARY 18, 1966
2479
Dorminy Drew Duncan Egan Elliott Ether idge Evensen Farrar Fulford Funk
Gaissert Gary Gaynor Gignilliat Grahl Grier Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Henderson Herndon Higginbotham Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H.
Kiley Knapp Knight Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall
Matthews, C. Mauldin McClatchey McCracken McDaniell Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell
Overby Palmer Paris Parker Phillips Powers
Rainey Reaves Reid Richardson Roach Rowland Sherman Shields Sims Simkins
Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Sullivan Sweat Thompson, A. W. Thompson, R. Townsend Tucker
Tye Vaughan, D. N. Walling Watkins Watson Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wood
Those voting in the negative were Messrs.:
Bowen Brackin Brantley DeLong Doster Fleming Hadaway
Holder Johnson, B. Matthews, D. R. Nessmith, P. Rush Russell Savage
Smith, A. B. Smith, J. R. Taylor Underwood Webb Wilson, R. W.
Those not voting were Messrs.:
Bedgood Black Carr
Conger Conner Dixon
Dollar Floyd Harrison
2480
Hill Jordan, Ben C. Land Lane Lovett Melton Murphy
JOURNAL OF THE HOUSE,
Newton, D. L. Pafford Parrish Peterson Pickard Ross Smith, G. L. II
Stovall Thomas Vaughn, C. R. Ware Wells Mr. Speaker
On the adoption of the Resolution, by substitute, as amended, the ayes were 155, nays 20.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, by substitute, as amended.
The following Resolution of the House was taken up for the purpose of considering the Senate substitute thereto:
HR 272-578. By Mr. Paris of the 23rd:
A Resolution proposing an amendment to the Constitution so as to create the Barrow County School system by merging the independent school system of the City of Winder and the county school system of Barrow County into one school district; to create a Board of Education of said system; to provide for the appointment of a school superin tendent and for other purposes.
The following Senate substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Barrow County School System by merging the independent school sys tem of the City of Winder and the county school system of Barrow County into one school district; to create a Board of Education of said System; to provide for a School Superintendent of said System; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitu tion is hereby amended by adding to the end thereof the following:
"Effective at the time and in the manner provided hereinafter there is hereby created the Barrow County School System by merging the independent school system of the City of Winder and the existing school district in the County of Barrow outside the
FRIDAY, FEBRUARY 18, 1966
2481
corporate limits of the City of Winder. The Barrow County School System shall be one school district and shall encompass the terri torial limits of Barrow County as the same may now or hereafter exist or be defined. The Barrow County School System shall be subject to all constitutional and statutory provisions relative to county school districts and county school systems unless such pro visions are in conflict with this amendment or laws enacted pur suant to the authority of said amendment. For the purposes of this provision, the Auburn School District which shall hereafter be re ferred to and known as the Auburn School Area, the Bethlehem School District which shall hereafter be referred to and known as the Bethlehem School Area, the County Line School District which shall hereafter be referred to and known as the County Line School Area, the Holsenbeck School District which shall hereafter be re ferred to and known as the Holsenbeck School Area, and the Statham School District which shall hereafter be referred to and known as the Statham School Area, shall remain as constituted and de fined by the Board of Education of Barrow County at the time of ratification of this amendment, unless specifically provided other wise by any Act of the General Assembly or any amendment there to relative to the Barrow County School System. For the purposes of this provision, the Winder School District which shall hereafter be referred to and known as the Winder School Area shall remain as constituted and defined by the Board of Education of the inde pendent school system of the City of Winder at the time of ratifi cation of this amendment, unless specifically provided otherwise by any Act of the General Assembly or any amendment thereto relative to the Barrow County School System. The General As sembly may delegate to the Board of Education of the Barrow County School System the authority to decrease the size of, enlarge the size of and to redefine the school areas herein named.
There is hereby created a Board of Education of the Barrow County School System and said school system shall be confined to the control and management of said Board of Education. Said Board of Education shall be composed of nine members as follows: one member from the Auburn School Area, one member from the Bethlehem School Area, one member from the County Line School Area, one member from the Holsenbeck School Area, one member from the Statham School Area and four members from the Winder School Area. Except for the initial or first members of said Board, the terms of the members of said Board shall be four years. All members of said Board shall take office on the first day of January immediately following their selection, appointment or election to office. In the event a member moves his residence from the area he represents, a vacancy shall exist in such area and shall be filled in the same manner as other vacancies are filled. In the event the area of any school area is decreased, enlarged or redefined so that such area does not include the residence of the member represent ing such area, such member shall nevertheless represent such area until the expiration of his term of office. At its first meeting, the members of the Board shall elect one of their number to serve as Chairman and at its first meeting in January of each year there after the members of the Board shall elect one of their number to serve as Chairman for the ensuing year and until the election of a Chairman in the subsequent year. A member shall be eligible to
2482
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succeed himself as Chairman of the Board and a member, so long as he remains a resident of the area he represents, shall be eligible to succeed himself as a member of the Board. The General Assem bly is hereby authorized to provide by law the manner of selection, appointment or election and the time of selection, appointment or election of the members of the Board of Education of the Barrow County School System and to provide for the filling of vacancies on said Board.
The independent school system of the City of Winder and the Board of Education thereof and the existing School District in the County of Barrow outside the corporate limits of the City of Winder and the Board of Education thereof shall continue to exist until July 1, 1967, at which time said School Systems and the Boards of Education thereof shall stand abolished. On July 1, 1967 the Barrow County School System and the Board of Education thereof herein created shall come into existence and shall become the successors to such abolished School Systems and Boards of Education and shall be subject to all constitutional and statutory provisions relative to county boards of education, unless such provisions are in conflict with the provisions of this amendment or laws enacted pursuant to the authority of said amendment.
There is hereby established within and for the Barrow County School System the Office of School Superintendent of the Barrow County School System and a School Superintendent of the Barrow County School System.
Not later than ten days after the ratification of this amend ment it shall be the duty of the Ordinary of Barrow County to issue the call for an election for the purpose of electing the School Superintendent of the Barrow County School System. The Ordinary shall set January 25, 1967 as the date of such election. The Ordi nary shall cause the date and purpose of such election and a brief description of the procedure connected therewith to be published once a week for two weeks immediately preceding the date thereof, qualified. Thereafter, the successors to the School Superintendent elected at such election shall take office July 1, 1967 for a term of two years and until his successor is duly selected or appointed and qualified. Thereafter, the successor to the School Superintendent of the Barrow County School System shall be appointed by the Board of Education of the Barrow County School System. A ma jority vote of said Board shall be necessary for the appointment of said School Superintendent. The School Superintendent shall be appointed for a term of not less than one year and shall receive such salary and other compensation as the Board may determine. The School Superintendents of the independent school system of the City of Winder and the existing school district in the County of Barrow outside the corporate limits of the City of Winder shall continue to serve as such and the offices of each shall continue to exist until July 1, 1967 at which time the offices of each, and the terms of offices of each such Superintendent, shall stand abol ished. On July 1, 1967 the School Superintendent of the Barrow County School System created herein shall assume the duties of his office and shall be the successor to such Superintendents. Said
FRIDAY, FEBRUARY 18, 1966
2483
Superintendent 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 or laws enacted pursuant to the authority of said amendment.
In the event the person who is elected as School Superintendent of the Barrow County School System at the special election to be held on January 25, 1967 as herein provided should die, become disqualified or for any reason be unable to assume the duties of his office prior to the time that such person qualifies as such School Superintendent, the School Superintendent of the Barrow County School System shall be appointed by the Board of Educa tion of the Barrow County School System for a term of two years commencing on July 1, 1967. A majority vote of said Board shall be necessary for the appointment of said School Superintendent. In the case of a vacancy in the Office of School Superintendent of the Barrow County School System for any cause prior to July 1, 1969, the Board of Education of Barrow County shall appoint the successor School Superintendent for the unexpired term.
The governing authority of Barrow County is hereby author ized to levy a tax on all taxable property in Barrow County for the support and maintenance of education within the limitations and as provided in Article VIII, Section XII, Paragraph I of the Constitution as now or hereafter amended, and said governing authority shall be governed by provisions for removing or increas ing the limitations therein provided. The governing authority shall levy the amount of taxes designated by the Board of Education of the Barrow County School System.
The General Assembly shall be authorized to provide by law for all matters relative to the Barrow County School System, the Board of Education thereof and the School Superintendent thereof. On the date provided for herein for the new system to come into existence, all property and facilities and all assets of the two sys tems so merged shall become the property, facilities and assets of the Barrow County School System.
The governing authorities of the City of Winder and of Barrow County and the Board of Education of the two school systems merged herein are hereby authorized and directed to execute such instruments as to perform such duties as are necessary to effec tuate the provisions herein. The General Assembly shall be author ized to provide by law appropriate provisions relative to existing contracts, payment of debts, bonded indebtedness and all other obligations of the existing independent school system of the City of Winder and the existing school district in the County of Barrow outside the corporate limits of the City of Winder existing on the date the Barrow County School System and the Board of Educa tion thereof shall come into existence. Notwithstanding the merged system and the Board of Education thereof and the superintendent thereof shall not replace the present systems, boards and superin tendents until July 1, 1967; the General Assembly is hereby author ized to provide by law all matters as shall be necessary prior to that date such as the selection, appointment or election of mem-
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JOURNAL OF THE HOUSE,
bers of the Board of Education, appointment by said Board of the school superintendent and other necessary and related matters to effectuate and implement the provisions herein and laws authorized pursuant thereto. The General Assembly is hereby authorized to repeal, amend, modify or change any laws enacted pursuant to this amendment.
The authority herein granted to the General Assembly and the authority to be granted to the General Assembly to effectuate and implement the purposes of this amendment shall exist not withstanding any other provisions of this Constitution or any general or special laws of the State of Georgia.
Authority is hereby granted to the governing authority of Barrow County to maintain the school system herein provided and to support the same. Said school system may add thereto, main tain and support, acquire, construct and equip real property, build ings and facilities for education beyond the twelfth (12th) grade and shall be authorized to maintain, support and add thereto vocational schools and colleges. The General Assembly shall be authorized to provide by law that the governing authority of any municipality in Barrow County and the governing authority of Barrow County shall be authorized to appropriate money from their general funds to the Board of Education of the Barrow County School System.
The Board of Education of the Barrow County School System shall be authorized to meet on as many days as it may deem nec essary from June 15, 1967 until July 1, 1967, for the purposes of electing a Chairman of said Board and to effectuate an orderly transition of the independent school system of the City of Winder and the existing school district of the County of Barrow outside the corporate limits of the City of Winder into the Barrow County School System created herein. The first meeting of the Barrow County School System shall be called by the School Superintendent of the existing school district of the County of Barrow outside the corporate limits of the City of Winder."
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 create the Barrow County School System by merging the independent school system of the City of Winder and
NO ( ) the county school system of Barrow County into one school district; to create a Board of Education of said
FRIDAY, FEBRUARY 18, 1966
2485
System and to provide for a School Superintendent of said System?"
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 results to the Governor, who shall issue his proclamation thereon.
Mr. Paris of the 23rd moved that the House agree with the Senate substitute.
On the motion to agree, the ayes were 150, nays 0.
The Senate substitute to HR 272-578 was agreed to.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference:
SB 19. 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" to provide for taxing on alcoholic beverages in municipalities; and for other purposes.
The following report of the Committee of Conference was read:
MAJORITY CONFERENCE COMMITTEE REPORT ON SB 19
Mr. President:
Mr. Speaker:
The Majority Conference Committee on SB 19 has met and recom mends the adoption of the following report:
A. That the Senate recede from its position; B. That the House recede from its position; and C. That the attached amendments to SB 19 be adopted.
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JOURNAL OF THE HOUSE,
This 18th day of February, 1966.
On Behalf of the Senate:
S. Fletcher Thompson Senator, 34th District
Frank Eldridge, Jr. Senator, 7th District
Kenneth Kilpatrick Senator, 44th District
On Behalf of The House of Representatives:
Guy Hill Representative, 121st District
_---------------------------_---__---_-___--_--_ moves to amend SB 19 as follows:
of". By striking from the title the words "that the governing authority
By striking in its entirety the new Section 4A as provided for in Section 1 and inserting in lieu thereof a new Section 4A to read as follows:
"Section 4A. Any municipality lying within a county that has held a referendum election as provided under this Act, the results of which were to allow the taxing and legalizing and controlling of alcoholic beverages and liquors, may make a determination, in a referendum election in the manner provided for hereinafter, as to whether the same shall be allowed within the corporate limits of said municipality."
By striking from Section 4B the words "Notwithstanding Section 4A above" and by striking from the first and last sentences of said Section the words and/or figures "fifteen (15)" and inserting in lieu thereof the words and/or figures "thirty-five (35)".
MINORITY CONFERENCE COMMITTEE REPORT ON SB 19.
Mr. President:
Mr. Speaker:
The Minority of the Conference Committee consisting of the under signed do hereby disagree with the Majority Report of the Conference Committee and recommend the following:
A. That the Senate recede from its position;
B. That the House not recede from its position; and
C. That a new Conference Committee be appointed on SB 19.
FRIDAY, FEBRUARY 18, 1966
2487
This 18th day of February, 1966.
On Behalf of the House of Representatives:
Ed T. Fulford Representative, 67th District
Thomas M. Mitchell Representative 3rd District
Mr. Hill of the 121st moved the adoption of the Conference Committee Report on SB 19.
Mr. Levitas of the 118th moved that said Conference Committee Report be printed and placed on the desks of the members of the House and the motion prevailed.
The Speaker announced that further consideration of SB 19 would be post poned until said reports were printed and placed on the desks of the members of the House.
The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 421. By Messrs. Mauldin of the 18th, Blalock of the 33rd, Smith of the 3rd, Oglesby of the 92nd, Melton of the 34th and others.
A Bill to be entitled an Act to provide for the regulation of "Perpetual Care" and "Endowment Care" cemeteries; and for other purposes.
The following Senate amendment was read:
Senator Holley of the 22nd moves to amend HB 421 as follows:
By inserting in Section 3 between the word "Association" and the word "an" the following:
"or individual trustee or trustees bonded up to the amount of money contained in the trust fund".
By striking from Section 4 the figure "90" and inserting in lieu thereof the figure "365".
By striking Section 5 in its entirety and renumbering the remaining sections in the correct numerical sequence.
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JOURNAL OF THE HOUSE,
Mr. Mauldin of the 18th moved that the House disagree to the Senate amend ment, and the motion prevailed.
The Senate amendment to HB 421 was disagreed to.
HE. 297-698. By Messrs. Cook of the 123rd, Lambros of the 130th, Egan of the 141st, Carnes of the 129th and others: A Resolution to establish a Metropolitan Area Water Quality Control Commission to study the desirability and feasibility of consolidating the efforts and management of the several Water Pollution Control Operations in the area; and for other purposes.
The following Senate amendment was read:
Senator Miller of the 43rd District moves to amend HR 297-968.
By adding after the words "be appointed by" in the 8th line of Section 1, the following words "the Chairman of the DeKalb County Commission of Roads and Revenues and confirmed by".
Mr. Levitas of the 118th moved that the House disagree to the Senate amend ment, and the motion prevailed.
The Senate amendment to HR 297-698 was disagreed to.
HB 369. By Mr. Lovell of the 6th:
A Bill to be entitled an Act to amend an Act superseding and con solidating the laws relating to the State Game and Fish Commission, so as to authorize the State Game and Fish Commission to appoint deputy wildlife rangers of the State-at-Large; and for other purposes.
The following Senate amendments were read:
Committee on Agriculture and Natural Resources moves to amend HB 369, as follows:
By adding in the title after the word "appoint" and before the word "deputy" the words "not more than two hundred".
By adding in the language quoted as Section 13A in Section 1 of said bill after the word "appoint" and before the word "deputy" the words "not more than two hundred".
FRIDAY, FEBRUARY 18, 1966
2489
Senator Carter of the 14th moves to amend HB 369 by adding in Section 1, under section 13A, at the end of the first sentence a new sentence as follows:
"Deputy wildlife rangers may perform their duties only on their own property or on property owned by their employers, and no honorary deputy wildlife rangers may be appointed without actual duties relating to the preservation of wild life."
Mr. Dickinson of the 28th moved that the House disagree with the Senate amendments, and the motion prevailed.
The Senate amendments to HB 369 were disagreed to.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 243. By Mr. Hull of the 104th:
A Bill to be entitled an Act to revise comprehensively the laws relating to subpoenas and other like processes; and for other purposes.
The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT HB 243.
Mr. President:
Mr. Speaker:
The Conference Committee on HB 243 recommends the following:
1. That the Senate and House recede from their positions relative to Subsection (d) of Section 1 and that the following language be in serted between the word "thereof" and the word "fees" as they appear in the last sentence of said Subsection (d) "or a defendant in a criminal case";
2. that the Senate recede from its position relative to Section 2; and
3. that the House recede from its position relative to Subsection (f) of Section 3.
Respectfully submitted B. Avant Edenfield Senator, 4th District
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JOURNAL OF THE HOUSE,
Kenneth Kilpatrick Senator, 44th District
Kyle Yancey Senator, 33rd District
James Sewell Elliott Representative, 107th District
William S. Lee Representative, 79th District
Elliott H. Levitas Representative, 118th District
Mr. Elliott of the 107th moved that the House adopt the report of the Com mittee of Conference.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alien Barber Barfield Bean Bedgood Bennett Berry Blair Brackin Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Games Gates Collins, M. Colwell Conner Cook Crowe Dailey Daugherty Dixon Dorminy
Drew Duncan Elliott Etheridge Evensen Farrar Fleming Fulford Funk Gaissert Gary Gaynor Gignilliat Grier Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Henderson Herndon Higginbotham Hood Houston Howell Hull Hutchinson Johnson, A. S. Dr.
Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lowrey Maddox Malone Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Minge Mitchell
Mixon Moore, Don C. Nessmith, P.
Newton, A. S. Newton, D. L. Odoni Oglesby Otwell Overby Pafford Palmer Parker Parrish Peterson Phillips Powers Reid Richardson Rowland Russell
FRIDAY, FEBRUARY 18, 1966
2491
Savage Sherman Shield Sims Smith, A. B. Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Stain aker Starnes Steis Stewart Story Sullivan
Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Watkins Watson Wehb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Anderson Bagby Black Blalock Bo wen Brantley Brown, C. Carr Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Conger Cox Da vis Dean DeLong Dickinson Dillon Dollar
Doster Egan Floyd Grahl Hadaway Hale Harrison Hill Holder Howard Irvin Jordan, Ben C. Knight Lambert Lambros Land Levitas Lovett Marshall Matthews, D. R. Moore, J. H.
Murphy NeSmith, J. D. Paris Pickard Rainey Reaves Roach Ross Rush Simkins Smith, G. L. II Smith, V. T. Stovall Sweat Underwood Vaughn, C. R. Walling Ware Wells Wilson, J. M. Mr. Speaker
On the motion, the ayes were 141, nays 0.
The report of the Committee of Conference on HB 243 was adopted.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
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JOURNAL OP THE HOUSE,
HB 244. By Mr. Hull of the 104th:
A Bill to be entitled an Act to amend the Appellate Procedure Act of 1965, so as to redefine the rules relating to the necessity of filing motions for new trial and judgment notwithstanding the verdict; and for other purposes.
The following Senate amendment was read:
Judiciary Committee moves to amend HB 244, as amended, as fol lows:
(1) By striking from Section 5 of HB 244, the revised "Section 12 (a)," and by substituting in lieu thereof the following:
"Section 12 (a). Within five (5) days after the date of filing of the Transcript of Evidence and Proceedings by the appellant or appellee, as the case may be, it shall be the duty of the Clerk of the trial court to prepare a complete copy of the entire record of the case, omitting only those things designated for omission by the appellant and which were not designated for inclusion by the ap pellee, together with a copy of the notice of appeal and copy of any notice of cross appeal, with date of filing thereon, and transmit the same, together with the transcript of evidence and proceedings, to the appellate court together with his certificate as to the correct ness of the record. Where no transcript of evidence and proceedings is to be sent up, the Clerk shall prepare and transmit the record within tv/enty (20) days after the date of filing of the notice of is to be sent up, the Clerk shall prepare and transmit the record and transcript within the time hereinbefore required, or when an extension of time was obtained under Section 6 hereof, he shall state in his certificate the cause of the delay, and the appeal shall not be dismissed. The Clerk need not recopy the transcript of evidence and proceedings to be sent up on appeal, but shall send up the reporter's original and retain the copy, as referred to in Section 10 hereof, and it shall not be necessary that the transcript be renumbered as a part of the record on appeal. The Clerk shall retain an exact duplicate copy of all records and the transcript sent up, with the same pagination, in his office as a permanent record."
(2) By striking Section 3 of HB 244, and substituting in lieu thereof the following:
"Section 3
Said Act is further amended by striking Section 5 thereof, relating to the time for filing notice of appeal and cross appeal, and substituting in lieu thereof the following:
'Section 5. A notice of appeal shall be filed within thirty (30) days after entry of the appealable decision or judgment complained of (except as provided in Code Section 27-1201, relating to change of venue in criminal cases), but when a motion for new trial, or a motion in arrest of judgment, or a motion for judgment notwith-
FRIDAY, FEBRUARY 18, 1966
2493
standing the verdict has been filed, the notice shall be filed within thirty (30) days after the entry of the order granting, overruling, or otherwise finally disposing of the motion. In civil cases, the appellee may institute cross appeal by filing notice thereof within fifteen (15) days from service of the notice of appeal by appellant, and the appellee may present for adjudication on the cross appeal all errors or rulings adversely affecting him, and in no case shall the appellee be required to institute an independent appeal on his own right, although the appellee may at his option file an inde pendent appeal. The notice of cross appeal shall set forth the title and docket number of the case, the name of appellee and the name and address of his attorney, a designation of any portions of the record or transcript designated for omission by appellant and which the appellee desires included, and shall state that the appellee takes a cross appeal. In all cases where the notice of appeal did not specify that a transcript of evidence and proceedings was to be transmitted as a part of the record on appeal, the notice of cross appeal shall state whether such transcript is to be filed for inclu sion in the record on appeal. A copy of the notice of cross appeal shall be served on other parties of record in the manner herein after prescribed.' "
(3) By adding immediately following Section 8, a new Section, to be known as Section 8A, as follows:
"Section 8A
Said act is further amended by adding to Section 20 thereof, relating to suggested forms, immediately prior to the line at the conclusion of the form for notice of cross appeal (paragraph c) which reads:
'Dated: ___.___..______._....__.._..........___., 19-......,'
the following:
'Transcript of evidence and proceedings (will be filed) (will not be filed) (has already been designated to be filed by appellant) for inclusion in the record on appeal.' "
(4) By adding to the caption of HB 244, immediately prior to the clause "To repeal conflicting laws," the following:
"To amend Sections 5 and 20 (c) relating to the notice of cross appeal, so as to redefine the content thereof;"
(5) By striking from Section 7, the first three lines, and substi tuting in lieu thereof the following:
"Said Act is further amended by striking Section 18(a), re lating to service, and substituting in lieu thereof the following:'
The following House amendment to the Senate amendment was read and adopted:
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JOURNAL OP THE HOUSE,
Mr. Walling of the 118th moves to amend the Senate amendment to HB 244 by striking Section 5 on page 3 in its entirety.
Mr. Walling of the 118th moved that the House agree to the Senate amend ment, as amended.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Barber Barfield Bedgood Bennett Berry Blair Bo wen Brackin Brinkley Brown, B. D. Brown, M. P. Busbee Byrd Caldwell Carley Games Gates Clarke, H. G. Collins, M. Colwell Cook Crowe D alley DeLong Dickinson Dillon Dixon Dorminy Drew Duncan Egan Elliott Etheridge Evensen Farrar Fullord Funk Gaissert Gary
Gaynor Grier Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Herndon Higginbotham Hood Houston Howell Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell
Melton Merritt Mixon Moore, Don C. Nessmith, P. Newton, A. S. Odom Oglesby Overby Pafford Palmer Parker Parrish Peterson Phillips Powers Reid Ross Russell Savage Sherman Sims Simkins Smith, A. B. Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Steis Stewart Sullivan Sweat Thomas Thompson, A. W. Townsend Tucker Tye Vaughan, D. N.
FRIDAY, FEBRUARY 18, 1966
2495
Walling Watkins Webb
Westlake Wiggins Williams, G. J.
Wood
Those not voting were Messrs.:
Alexander Alien Anderson Bagby Bean Black Blalock Brantley Brown, C. Bryant Carr Chandler Clark, J. T. Collins, J. F. Conger Conner Cox Daugherty Davis Dean Dollar Doster Fleming Floyd Gignilliat
Grahl Hadaway Harrison Henderson Hill Holder Howard Hull Irvin Jordan, Ben C. Knight Lambert Lambros Land Lovett Lowrey Matthews, D. R. Minge Mitchell Moore, J. H. Murphy NeSmith, J. D. Newton, D. L. Otwell Paris
Pickard Rainey Reaves Richardson Roach Rowland Rush Shields Smith, G. L. II Smith, V. T. Starnes Story Stovall Taylor Thompson, R. Underwood Vaughn, C. R. Ware Watson Wells Williams, W. M. Wilson, J. M. Wilson, R. W. Mr. Speaker
On the motion to agree to the Senate amendment, as amended, the ayes were 130, nays 0.
The Senate amendment to HB 244 was agreed to, as amended.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate respectfully asks that the Committee of Conference be discharged and a second Committee of Conference be appointed on the following Resolution of the Senate to-wit:
SR 70. By Senators Smith of the 18th, Adams of the 26th and others: A Resolution authorizing and directing the Georgia Ports Authority to execute a local assurer agreement with the United States Corps of Engineers and the County of Chatham; and for other purposes.
2496
JOURNAL OF THE HOUSE,
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
SR 70. By Senators Smith of the 18th, Adams of the 26th, Carter of the 14th and others:
A Resolution authorizing and directing the Georgia Ports Authority to execute a local assurer agreement with the United States Corps of Engineers and the County of Chatham; and for other purposes.
The following report of the Committee of Conference was read:
REPORT OF COMMITTEE OF CONFERENCE ON SR 70
Mr. President: Mr. Speaker:
The Committee of Conference appointed on SR 70 respectfully re ports as follows:
(1) The Committee is unable to agree and respectfully requests to be discharged.
This 18th day of February, 1966.
On Behalf of the Senate: Lamar R. Plunkett Senator, 30th District Joseph J. Tribble Senator, 3rd District A. W. Holloway Senator, 12th District
On Behalf of the House of Representatives:
J. Roy McCracken Representative, 49th District
Thomas B. Murphy Representative, 26th District
Willis J. Richardson, Jr. Representative, 116th District
Mr. Murphy of the 26th moved that a second Committee of Conference be appointed, and the motion prevailed.
The Speaker appointed as a second Committee of Conference on the part of the House the following members:
FRIDAY, FEBRUARY 18, 1966
2497
Messrs. Richardson of the 116th, McCracken of the 49th and Murphy of the 26th.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 323. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend Code Chapter 36-11, relating to the condemnation of property by those authorities who possess the power of eminent domain, so as to define the phrase "just and adequate compensation" as contained therein and pursuant to the authority con tained within Article I, Section III, Paragraph I of the Constitution; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 36-11, relating to the condemnation of property by those authorities who possess the power of eminent domain, as amended, an Act relating to the procedure of condemnation of property before a special master, approved March 13, 1957 (Ga. Laws 1957, p. 387), as amended, and an Act relating to the condemnation of property for state-aid, public road purposes, approved April 5, 1961 (Ga. Laws 1961, p. 517), as amended, so as to define the phrase, "just and adequate compensation" as contained therein and pursuant to the authority contained within Article I, Section III, Para graph I of the Constitution; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 36-11, relating to the condemnation of property by those authorities who possess the power of eminent domain, as amended, is hereby amended by adding at the end thereof a new Code Section to be known as Code Section 36-1117 and to read as follows:
"36-1117. In determining or estimating just and adequate com pensation, to be paid to the property owner for property condemned for public road and street purposes, neither the Board of Assessors, nor the Jury, in the event of an Appeal to a Jury under the pro visions of said Statute, shall be restricted to the agricultural or productive qualities of such property, but inquiry shall be made as to all other legitimate purposes to which the property could be appropriated. The date of taking as herein contemplated shall be the date of the filing of the condemnation proceedings for the acqui sition of the property.
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In fixing and determining the amount of just and adequate compensation to be paid for property actually taken, consideration shall not be given to any increase or decrease in the value of the property actually taken resulting from the improvements, or the anticipation thereof, in connection with which the right of eminent domain is being exercised.
It is further provided, however, that the provision of the im mediately preceding paragraph of this Section shall not apply where the filing of the condemnation proceeding for the acquisition of the property is delayed more than three years from the date upon which the original location of the highway, public road, or street is determined, as shown by the records of the condemning agency; and, in those cases where property is acquired for the Federal-Aid System of Public Roads, and participated in by Federal Funds, the date upon which the United States Bureau of Public Roads, a branch of the Department of Commerce of the United States, approves the location of such highway shall be the controll ing date in calculating such three year period.
The Condemning Authority shall cause the petition for con demnation to set forth the date of the approval of the original loca tion of the highway, as hereinbefore provided for. It shall be the further duty of the Condemning Authority, within thirty days from the date of said original approval and designation of said location as a highway, to cause the location of said highway in said County, to be advertised once each week for four consecutive weeks in the newspaper of the County in which the Sheriff's advertisements are carried; and said advertisement shall designate the land lots or land districts of said County through which such highway will be located. Said advertisement shall further show the date of the said original location of such highway as hereinbefore provided for. Said advertisement shall further provide that a plat or map of the project showing the exact date of original location is on file at the office of the State Highway Department, Atlanta, Georgia (address will be published) and any interested party may obtain a copy of same by writing to the State Highway Department and paying a nominal cost therefor.
In determining just and adequate compensation, for property taken or condemned under said described Statute for public road and street purposes, the award of the Board of Assessors, or the verdict of the Jury, in the event of an Appeal under the provisions of said Statute, shall, in addition to fixing the value of the land actually taken and used for such purposes, under the definition heretofore set out in the immediately preceding paragraphs hereof, take into consideration the prospective and consequential damages to the remaining property, from which the property actually taken was cut off, and which consequential damages result to such re maining property because of the location of such public road or street upon the portion actually taken; but on the other hand the increase of the value of such remaining property from the location of such public road or street shall be considered. Such consequential benefits, if any, may be off-set against such consequential damages, if any; but, in no event, shall consequential benefits be off-set against the value of the property actually taken for such public improvement."
FRIDAY, FEBRUARY 18, 1966
2499
Section 2. An Act relating to the procedure of condemnation of property before a special master, approved March 13, 1957 (Ga. Laws 1957, p. 387), as amended, is hereby amended by adding following Sec tion 16 a new Section to be known as Section 16-A and to read as follows:
"Section 16-A. In determining or estimating just and adequate compensation to be paid to the property owner for property con demned for public road and street purposes, neither the special master, nor the Jury, in the event of an Appeal to a Jury under the provision of such Statute, shall be restricted to the agricultural or productive qualities of such property, but inquiry shall be made as to all other legitimate purposes to which the property could be appropriated. The date of taking as herein contemplated shall be the date of the filing of the condemnation proceedings for the acquisition of the property.
In fixing and determining the amount of just and adequate compensation to be paid for property actually taken, consideration shall not be given to any increase or decrease in the value of the property actually taken resulting from the improvements, or the anticipation thereof, in connection with which the right of eminent domain is being exercised.
It is further provided, however, that the provisions of the immediately preceding paragraph of this Section shall not apply where the filing of the condemnation proceeding for the acquisition of the property is delayed more than three years from the date upon which the location of the highway, public road, or street is determined, as shown by the records of the condemning agency; and, in those cases where property is acquired for the Federal-Aid System of Public Roads, and participated in by Federal Funds, the date upon which the United States Bureau of Public Roads, a branch of the Department of Commerce of the United States, approves the location of such highway shall be the controlling date in calculating such three year period.
The Condemning Authority shall cause the petition for con demnation to set forth the date of. the approval of the original location of the highway, as hereinbefore provided for, it shall be the further duty of the Condemning Authority, within thirty days from the date of said original approval and designation of said location as a highway, to cause the location of said highway in said County, to be advertised once each week for four consecutive weeks in the newspaper of the County in which the Sheriff's advertise ments are carried; and said advertisement shall designate the land lots or land districts of said County through which such highway will be located. Said advertisement shall further show the date of the said original location of such highway as hereinbefore pro vided for. Said advertisement shall further provide that a plat or map of the project showing the exact date of original location is on file at the office of the State Highway Department, Atlanta, Georgia (address will be published) and any interested party may obtain a copy of same by writing to the State Highway Department and paying a nominal cost therefor.
2500
JOURNAL OF THE HOUSE,
In determining just and adequate compensation for property taken or condemned under said described Statute for public road and street purposes, the Award of the Special Master, or the verdict of the Jury, in the event of an Appeal under the provisions of said Statute, shall, in addition to fixing the value of the land actually taken and used for such purposes, under the definition heretofore set out in the immediately preceding paragraphs hereof, take into consideration the prospective and consequential damages to the re maining property, from which the property actually taken was cut off, and which consequential damages result to such remaining property because of the location of such public road or street upon the portion actually taken; but, on the other hand, the increase of the value of such remaining property from the location of such public road or street shall be considered. Such consequential ben efits, if any, may be off-set against such consequential damages, if any; but, in no event, shall consequential benefits be off-set against the value of the property taken for such public improvement.
Section 3. An Act relating to the condemnation of property for state-aid, public road purposes, approved April 5, 1961 (Ga. Laws 1961, p. 517), as amended, is hereby amended by adding following Section 10-A a new Section to be known as Section 10-B and to read as follows:
"Section 10-B. In determining or estimating just and adequate compensation to be paid to the property owner for property con demned for public road and street purpoes, neither the Condemning Authority, nor the Jury, in the event of an Appeal to a Jury under the provisions of said Statute, shall be restricted to the agricultural or productive qualities of such property, but inquiry shall be made as to all other legitimate purpoes to which the property could be appropriated. The date of taking as herein contemplated shall be the date of the filing of the condemnation proceedings for the acqui sition of the property.
In fixing and determining the amount of just and adequate compensation to be paid for property actually taken, consideration shall not be given to any increase or decrease in the value of the property actually taken resulting from the improvements, or the anticipation thereof, in connection with which the right of eminent domain is being exercised.
It is further provided, however, that the provision of the im mediately preceding paragraph of this Section shall not apply where the filing of the condemnation proceeding for the acquisition of the property is delayed more than three years from the date upon which the location of the highway, public road, or street is determined, as shown by the records of the condemning agency; and, in those cases where property is acquired for the Federal-Aid System of Public Roads, and participated in by Federal Funds, the date upon which the United States Bureau of Public Roads, a branch of the Department of Commerce of the United States, approves the location of such highway shall be the controlling date in cal culating such three year period.
FRIDAY, FEBRUARY 18, 1966
2501
The Condemning Authority shall cause the petition for con demnation to set forth the date of the approval of the original location of the highway, as hereinbefore provided for. It shall be the further duty of the Condemning Authority, within thirty days from the date of said original approval and designation of said location as a highway, to cause the location of said highway in said County, to be advertised once each week for four consecutive weeks in the newspaper of the County in which the Sheriff's advertise ments are carried; and said advertisement shall designate the land lots or land districts of said County through which such highway will be located. Said advertisement shall further show the date of the said original location of such highway as hereinabove provided for. Said advertisement shall further provide that a plat or map of the project showing the exact date of original location is on file at the office of the State Highway Department, Atlanta, Georgia (address will be published) and any interested party may obtain a copy of same by writing to the State Highway Department and paying a nominal cost therefor.
In determining just and adequate compensation, for property taken or condemned under said described Statute for public road and street purposes, the award of the Condemning Authority, or the verdict of the Jury, in the event of an Appeal under said Statutes, shall, in addition to fixing the value of the land actually taken and used for such purposes, under the definition heretofore set out in the immediately preceding paragraphs hereof, take into consideration the prospective and consequential damages to the remaining property, from which the property actually taken was cut off, and which consequential damages result to such remaining property because of the location of such public road or street upon the portion actually taken; but, on the other hand, the increase of the value of such remaining property from the location of such public road or street shall be considered. Such consequential ben efits, if any, may be off-set against such consequential damages, if any; but, in no event, shall consequential benefits be off-set against the value of the property actually taken for such public improvement.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Busbee of the 79th 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 Adams Alexander Bagby
Barber Barfield Bean Bennett
Berry Blair Blalock Brackin
2502
Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Carley Games Collins, J. P. Collins, M. Colwell Conger Conner Cook Crowe Daugherty Davis Dean Dickinson Dillon Dollar Dorminy Drew Duncan Egan Etheridge Evensen Farrar Funk Gary Gaynor Gignilliat Grahl Grier Hale Hamilton Harrell Harris, J. F.
JOURNAL OF THE HOUSE,
Harris, J. R. Harris, R. W. Hawkins Henderson Herndon Hood Houston Howell Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, M. Kiley Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lowrey Malone Matthews, C. Mauldin McClatchey McDaniell Merritt Minge Mitchell Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom
Otwell Palmer Parker Parrish Peterson Phillips Rainey Reaves Reid Richardson Rowland Smith, A. B. Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stovall Sullivan Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Walling Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wood
Those voting in the negative were Messrs.:
Caldwell DeLong Fleming Gaissert Harrington Howard
Hull Lambert Marshall Oglesby Overby Paris
Those not voting were Messrs.:
Alien Anderson Bedgood
Black Bowen Brantley
Sherman Simkins Story Watson Wilson, J. M. Wilson, R. W.
Brown, C. Carr Gates
Chandler Clarke, H. G. Clark, J. T. Cox Dailey Dixon Doster Elliott Floyd Fulford Hadaway Harrison Higginbotham Hill Holder Irvin Jones, C. M.
FRIDAY, FEBRUARY 18, 1966
2503
Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knapp Knight Land Leonard Lovett Maddox Matthews, D. R. McCracken Melton Mixon Murphy Pafford Pickard Powers
Roach Ross Rush Russell Savage Shields Sims
Smith, G. L. II Stewart Sweat Taylor Thomas Vaughn, C. R. Ware Watkins Webb Mr. Speaker
On the motion to agree, the ayes were 126, nays 18.
The Senate substitute to HB 323 was agreed to.
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 212. By Senator Pennington of the 45th:
A Bill to be entitled an Act to amend an Act defining certain agri cultural terms, as amended, so as to include in said definition container grown products; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Bagby Barber
Barfield Bean Bennett Berry Black Blair Brackin
Brinkley Brown, B. D. Brown, C. Brown, M. P. Busbee Byrd Caldwell
2504
Carley Games Gates Clark, J. T. Collins, J. P. Collins, M. Colwell Conger Cook Crowe Dailey Daugherty Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Doster Drew Duncan Egan Elliott Etheridge Evensen Farrar Fleming Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hale Hamilton Harris, J. F. Harris, J. R. Hawkins Henderson Herndon Higginbotham Holder Hood
JOURNAL OF THE HOUSE,
Houston Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, W. H. Kiley Knapp Lane Lea, F. R. Lee, W. S. Levitas Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Pafford Palmer Paris Parker
Parrish Peterson Phillips Rainey Reaves Reid Ross Rowland Savage Sherman Shields Sims Simkins Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Walling Watkins Watson Webb Westlake Wiggins Williams, G. J. Wilson, J. M. Wilson, R. W.
Those not voting were Messrs.:
Bedgood Blalock Bo wen Brantley Bryant Carr
Chandler Clarke, H. G. Conner Cox Davis Floyd
Gary Hadaway Harrell Harrington Harris, R. W. Harrison
FRIDAY, FEBRUARY 18, 1966
2505
Hill Howard Jones, G. Paul Jordan, Ben C. Knight Lambert Lambros Land Lee, W. J. (Bill) Leonard
Lovett Matthews, D. R. McDaniell Newton, D. L. Overby Pickard Powers Richardson Roach Rush
Russell Smith, A. B. Smith, G. L. II Underwood Vaughn, C. R. Ware Wells Williams, W. M. Wood Mr. Speaker
On the passage of the Bill, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SR 83. By Senators Lee of the 47th and Loggins of the 53rd:
A Resolution authorizing the disposal of that tract of land on which is presently located the Governor's mansion; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Bagby Barber Barfield Bean Bedgood Bennett Berry Blair Blalock Brackin Brinkley Brown, B. D. Brown, C.
Brown, M. P. Bryant Busbee
Byrd Caldwell Carley Carnes Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Cook Crowe Daugherty Dean DeLong Dillon Dixon
Drew Duncan Egan
Elliott Etheridge Evensen Farrar Fleming Funk Gaissert Gaynor Gignilliat Grier Hale Hamilton Harrington Harris, J. F. Harris, J. R. Hawkins Henderson
Herndon Higginbotham Holder
2506
JOURNAL OF THE HOUSE,
Hood Houston Howell Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lanibros Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Leonard Levitas Lewis Longino Lovell Maddox Malone Marshall Matthews, C. Mauldin McClatchey
McDaniell Melton Merritt Mixon Moore, Don C. Moore, J. H.
Murphy NeSmith, J. D. Newton, A. S. Newton, D. L.
Odom Oglesby Overby
Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reaves Reid Richardson Rowland Russell Savage Sherman Sims
Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Steis Stewart
Story Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Townsend Tucker
Tye Vaughan, D. N. Walling Ware Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W.
Those not voting were Messrs.:
Anderson Black Bowen Brantley Carr Colwell Conger Conner Cox Dailey Davis Dickinson Dollar Dorminy Doster Floyd Fulford Gary Grahl
Hadaway Harrell Harris, R. W. Harrison Hill Howard Irvin Jones, G. Paul Knight Land Lane Lovett Lowrey Matthews, D. R. McCracken Minge Mitchell Nessmith, P.
Otwell
Pickard Rainey Roach Ross Rush Shields Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Stalnaker Starnes Stovall Taylor Underwood Vaughn, C. R.
Wells Wood Mr. Speaker
On the adoption of the Resolution, the ayes were 147, nays 0.
FRIDAY, FEBRUARY 18, 1966
2507
The Resolution, having received the requisite constitutional majority, was adopted.
SR 49. By Senators Hall of the 52nd, Jackson of the 16th and Kendrick of the 32nd:
A Resolution creating an interim study committee to study the feasibility of establishing a central computerized criminal records system for the State of Georgia; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Barber Barfield Bean Bennett Berry Blair Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Carnes Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Cook Crowe Dean DeLong Dillon Dixon Dollar
Drew Duncan Egan Elliott Etheridge Evensen Farrar Fleming Funk Gaissert Gaynor Grahl Grier Hamilton Harrington Harris, J. F. Harris, J. R. Hawkins Henderson Higginbotham Hood Houston Howell Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, M.
Kiley Knapp Lambert Lambros Lane Lea, F. R.
Lee, W. S. Leonard Levitas Lewis Longino Lovell Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Odom Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reid
2508
Richardson Rowland Savage Sherman Sims Simkins Smith, J. R. Smith, V. T. Smith, W. L. Snellings Spillers
JOURNAL OP THE HOUSE,
Steis Stewart Story Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye
Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wood
Voting in the negative was Mr. R. W. Wilson.
Those not voting were Messrs.:
Bagby Bedgood Black Blalock Bo wen Brantley Caldwell Carr Colwell Conger Conner Cox Dailey Daugherty Da vis Dickinson Dorminy Doster Floyd Fulford Gary Gignilliat Hadaway
Hale Harrell Harris, R. W. Harrison Herndon Hill Holder Howard Irvin Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight Land Lee, W. J. (Bill) Lovett Lowrey Maddox McClatchey Minge NeSmith, J. D. Newton, D. L.
Oglesby Pickard Rainey Reaves Roach Ross Rush Russell Shields Smith, A. B. Smith, G. L. II Snow Spikes Stalnaker Starnes Stovall Taylor Underwood Ware Watkins Wells Wilson, J. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 134, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 102. By Senator Johnson of the 42nd: A Bill to be entitled an Act to amend Code Title 109, relating to the incorporation and organization of trust companies, as amended, so as
FRIDAY, FEBRUARY 18, 1966
2509
to change the amount of paid-in capital stock required for incorporation and organization of a trust company; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Barber Barfield Bean Bedgood Bennett Berry Blair Brackin Brinkley Brown, B. D. Brown, C. Bryant Busbee Byrd Carley Games Gates Chandler Clark, J. T. Collins, M. Colwell Conger Cook Crowe Dean DeLong Dillon Dixon Drew Duncan Egan Elliott Evensen Farrar Fleming Funk
Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrington Hawkins Henderson Herndon Higginbotham Holder Hood Houston Howard Howell Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Kiley Knapp Knight Lambert Lambros Lane Lee, W. J. (Bill) Lewis Longino Lovell Maddox Malone Marshall Matthews, C. Mauldin McCracken McDaniell
Melton Merritt Mitchell Mixon Moore, J. H. NeSmith, J. D. Newton, A. S. Odom Otwell Overby Pafford Palmer Paris Parker Parrish Phillips Powers Reid Richardson Rowland Russell Savage Sherman Shields Sims Simkins Smith, J. R. Smith, W. L. Snellings Spikes Spillers Steis Stewart Story Stovall Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Townsend
2510
Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R.
JOURNAL OF THE HOUSE,
Walling Ware Watson Webb Westlake
Wiggins Williams, W. M. Wood
Voting in the negative was Mr. G. J. Williams.
Those not voting were Messrs.:
Bagby Black Blalock Bowen Brantley Brown, M. P. Caldwell Carr Clarke, H. G. Collins, J. P. Conner Cox Dailey Daugherty Davis Dickinson Dollar Dorminy Doster Etheridge Floyd Fulford Gary
Harrell Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hill Hull Jones, G. Paul Jordan, Ben C. Jordan, W. H. Land Lea, F. R. Lee, W. S. Leonard Le vitas Lovett Lowrey Matthews, D. R. McClatchey Minge Moore, Don C. Murphy Nessmith, P.
Newton, D. L.
Oglesby Peterson Pickard Rainey Reaves Roach Ross Rush Smith, A. B. Smith, G. L. II Smith, V. T. Snow
Stalnaker Starnes Taylor Watkins Wells Wilson, J. M. Wilson, R. W. Mr, Speaker
On the passage of the Bill, the ayes were 136, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 124. By Senator Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act requiring banks and other entities doing a trust business to secure uninvested trust funds, as amended, so as to provide that such uninvested trust funds may be secured by additional obligations; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
FRIDAY, FEBRUARY 18, 1966
2511
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Barber Barfield Bennett Berry Blair Brackin Brinkley
Brown, B. D. Brown, C. Bryant Busbee Byrd Carley Games Chandler Clarke, H. G. Clark, J. T . Collins, J. F. Collins, M. Colwell Conger Cook Crowe Dean DeLong Dillon Dixon Dollar Drew Duncan Egan Elliott Evensen Farrar Funk
Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hale
Hamilton Harrington Harris, J. R. Henderson Herndon Higginbotham Holder Hood Houston Howard Howell Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kiley Knapp Knight Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Leonard Lewis Longino Lovell Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Odom
Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers
Reaves Reid Richardson Rowland Russell Savage Sherman Shields Simkins Smith, W. L. Snellings Spikes Spillers Stalnaker Steis Stewart Story Stovall Sullivan
Sweat Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Watson Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Voting in the negative was Mr. Fleming.
2512
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Bagby Bean Bedgood Black Blalock Bowen Brantley Brown, M. P. Caldwell Carr Gates Conner Cox Dailey Daugherty Davis Dickinson Dorminy Doster Etheridge Floyd
Pulford Gary Harrell Harris, J. R. Harris, R. W. Harrison Hawkins Hill Hull Hutchinson Irvin Jordan Land Levitas Lovett Lowrey Maddox McClatchey Minge Nessmith, P. Newton, D. L.
Pickard Rainey Roach Ross Rush Sims Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Starnes Taylor Underwood Walling Ware Watkins Webb Wells Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 140, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 6. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Code Chapter 39-6, relating to the satisfaction of executions, so as to provide for the entering upon the fi. fa. of part payments made on judgments; to provide for the cancellation of executions; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Alien Anderson Barber
Barfield Bennett Berry Blair Brackin
Brinkley Brown, B. D. Brown, C. Bryant Busbee
Byrd Carley Carnes Clarke, H. G. Clark, J. T. Coiling, J. F.
Colwell Crowe Dean DeLong Dillon Dixon Drew Duncan Egan Elliott Evensen Farrar Fleming Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harris, J. F. Hawkins Herndon Higginbotham
Holder Hood Houston Howard Howell
FRIDAY, FEBRUARY 18, 1966
2513
Hutchinson Johnson, Dr. A. S. Jones, C. M. Jones, M. Jordan, Ben C.
Kiley Knight Lambros Lane Lee, W. J. (Bill)
Lee, W. S. Leonard Lewis Longino Lovell Malone Matthews, C. Mauldin McClatchey McCracken Melton Merritt Mixon Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Palmer Paris Parker Parrish Peterson Phillips
Powers Reaves Reid Richardson Rowland Russell Savage Sherman Shields Smith, W. L.
Snellings Spikes Spillers Stalnaker
Steis Story Stovall Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Townsend Tucker, Ray Tye Underwood Vaughan, D. N. Vaughn, C. R. Ware Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wood
Those not voting were Messrs. :
Abney Bagby Bean Bedgood Black Blalock Bowen Brantley Brown, M. P. Caldwell Carr Gates Chandler
Collins, M. Conger Conner Cook Cox D alley Daugherty Davis Dickinson Dollar Dorminy Doster Etheridge
Floyd Fulford Harrell Harrington Harris, J. R. Harris, R. W. Harrison Henderson Hill Hull Irvin Johnson, B. Jones, G. Paul
2514
Jordan, W. H. Knapp Lambert Land Lea, F. R. Levitas Lovett Lowrey Maddox Marshall Matthews, D. R. McDaniell
JOURNAL OF THE HOUSE,
Minge Mitchell Moore, Don C. Nessmith, P. Otwell Pickard Rainey Roach Ross Rush Sims Simkins
Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T.
Snow Starnes Stewart Taylor Walling Wells Wilson, R. W. Mr. Speaker
On the passage of the Bill, the ayes were 123, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 3. By Senator Smalley of the 28th: A Bill to be entitled an Act to create the Superior Court Judges and Solicitors General and Judges and Solicitors of Inferior Courts Retire ment Fund; to provide that said Fund shall be administered by the Board of Trustees of the Employee's Retirement System; and for other purposes.
Mr. Howard of the 101st moved that SB 3 and all amendments thereto be placed 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 Bagby Barfield Bean Bennett Black Brackin Brown, C. Byrd Caldwell Cates Collins, M. Cook
Crowe Dailey Davis Dean Dickinson Dorminy Drew Duncan Egan Evensen Farrar Fulford Funk Gaynor Gignilliat
Grahl Grier Hadaway Hamilton Harrell Harris, J. F. Hawkins Henderson Herndon Higginbotham Hood Houston Howard Howell Hutchinson
FRIDAY, FEBRUARY 18, 1966
2515
Irvin Johnson, Dr. A. S.
Jones, C. M. Jones, G. Paul Jordan, W. H. Kiley Lambert Lane Lea, F. R. Lee, W. S. Leonard Lewis Lovell Lowrey Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell Minge
Mitchell Mixon Moore, J. H. Murphy Newton, A. S.
Odom Overby Palmer Paris Parker Parrish Phillips Rainey Reaves Richardson Ross Rowland Savage Shields Sims Smith, A. B. Smith, J. R. Smith, V. T.
Smith, W. L. Snow Spikes Spillers Stalnaker Starnes Story Stovall Sullivan Taylor Thompson, R. Townsend Tye Underwood Vaughan, D. N. Watkins Watson Webb Westlake Williams, G. J. Wilson, J. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.
Adams Barber Berry Blair Brinkley Busbee Games Clarke, H. G. Colwell Conger DeLong Dillon
Dollar Elliott Fleming Gaissert Hale Harrington Harris, J. R. Harris, R. W. Hull Jones, M. Knapp Levitas
NeSmith, J. D. Oglesby Pafford Reid Sherman Simkins Steis Tucker Walling Wiggins Williams, W. M.
Those not voting were Messrs.:
Alexander Bedgood Blalock Bowen Brantley Brown, B. D. Brown, M. P. Bryant Carley Carr Chandler Clark, J. T.
Collins, J. F. Conner Cox Daugherty Dixon Doster Etheridge Floyd Gary Harrison Hill Holder
Johnson, B. Jordan, Ben C. Knight Lambros Land Lee, W. J. (Bill) Longino Lovett Matthews, D. R. Melton Merritt Moore, Don C.
2516
Nessmith, P. Newton, D. L. Otwell Peterson Pickard Powers Roach
JOURNAL OF THE HOUSE,
Rush Russell Smith, G. L. II Snellings Stewart Sweat Thomas
Thompson, A. W. Vaughn, C. R. Ware Wells Mr. Speaker
On the motion to table, the ayes were 114, nays 35.
The motion prevailed and SB 3 was placed on the table.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate recedes from its position on the following Resolution of the House:
HR 297. By Messrs. Cook of the 123rd and Lambros of the 130th: A Resolution to establish a Metropolitan Area Water Quality Control Commission to study the desirability and feasibility of consolidating the efforts and management of the several Water Pollution Control Operations in the area; and for other purposes.
The Senate has agreed to the House amendment to the following Resolution of the Senate:
SR 64. By Senator Wesberry of the 37th, Sanders of the 41st and others: A Resolution to establish a local government Commission in Atlanta, Fulton, and DeKalb Counties for the purpose of improving local govern ment and providing greater efficiency and economy; etc.
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House:
HB 48. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Bill to amend an Act authorizing the State Personnel Board to provide a Health Insurance Plan for State employees, so as to remove the provision excluding coverage of certain dental care; and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2517
The Senate has adopted the report of the Committee of Conference on the following Bill of the Senate:
SB 19. 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" to provide for taxing on alcoholic beverages in municipalities; and for other purposes.
The Senate agrees to House amendment to the following Resolution of the Senate:
SR 47. By Senator Yancey of the 33rd: A Resolution proposing an amendment to the Constitution so as to provide that the members of the Board of Education of Cobb County shall be elected in the same manner as county officers; and for other purposes.
The Senate adopts the report of the Committee of Conference on the follow ing Bill of the House:
HB 320. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th and others: A Bill to fix the salary of the judge of the juvenile court in certain counties; and for other purposes.
The Senate agrees to the House amendment to the following Bill of the Senate:
SB 173. By Senators Carter of the 14th and Rowan of the 8th: A Bill to amend an Act requiring the State Auditor to establish an equalized adjusted school property tax digest, approved March 18, 1964 (Ga. L. 1964, p. 706); and for other purposes.
The Senate has disagreed to the House amendment to the following Bill of the Senate and respectfully asks that a Committee of Conference be appointed:
SB 35. By Senators Johnson of the 38th, Maclntyre of the 40th, Wesberry of the 37th 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.
2518
JOURNAL OP THE HOUSE,
The president has appointed as a Committee of Conference on the part of the Senate: Senators Johnson of the 38th, Maclntyre of the 40th and Wesberry of the 37th.
The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence in disagreeing to the House amendment thereto:
SB 35. By Senators Johnson of the 38th, Maclntyre of the 40th, 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, so as to extend the corporate limits; and for other purposes.
Mr. Games of the 129th moved that the House insist on its position and that a Committee of Conference be appointed to confer with a like Committee on the part of the Senate, and the motion prevailed.
The Speaker appointed as a Committee of Conference to confer with a like Committee on the part of the Senate, the following members of the House:
Messrs. Hood of the 124th, Dillon of the 128th and Games of the 129th.
Under the general order of business established by the Committee on Rules, the following Resolution of the Senate was again taken up for consideration:
SR 11. By Senators Johnson of the 42nd and Webb of the llth: A Resolution proposing an amendment to the Constitution so as to declare public transportation of passengers for hire to be an essential governmental function and a public purpose for which the power of taxation of this State may be exercised and its public funds expended; and for other purposes.
The following amendment was read and adopted:
Mr. Brantley of the 63rd moves to amend SR 11 as follows:
By inserting in Paragraph 1, Section II of Article VII, Item 10 on the fourth line after the word expended, the following:
"Provided, however, that the State of Georgia shall not provide more than 10 percent of the total cost either directly or indirectly, and to amend the Title accordingly."
FRIDAY, FEBRUARY 18, 1966
2519
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to as amended.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Anderson
Bagby Barber Barfield Bedgood Bennett Berry Black Blair Blalock Brackin Brinkley Brown, B. D.
Brown, C. Brown, M. P.
Busbee Byrd Caldwell Carley
Games Carr Gates Chandler
Clarke, H. G. Clark, J. T. Colwell Cook Cox Crowe Dailey Daugherty Davis Dean DeLong Dickinson Dillon Doster Drew Duncan Egan Etheridge
Evensen Farrar Fulford Gaissert Gary Grahl Grier Hale Hamilton Harrell Harris, J. F. Harris, J. R.
Harris, R. W. Hawkins Henderson Higginbotham Hill Hood Houston Howard Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lambert Lambros Lane
Lea, F. R. Lee, W. J. (Bill)
Lee, W. S. Levitas Longino Lovell Maddox Malone Matthews, C.
Mauldin McClatchey McCracken McDaniell Merritt Minge Mitchell Moore, J. H. Murphy Odom Oglesby Overby Palmer
Paris Parker
Peterson Phillips Powers Reid Ross Rowland
Savage Sherman Shields Sims Smith, A. B. Smith, J. R. Smith, W. L.
Snellings Snow Spikes Spillers Stalnaker Starnes Steis Stewart Story Stovall Sullivan Taylor Thompson, A. W.
Thompson, R. Townsend Tucker
2520
Tye Vaughan, D. N. Walling Watkins
JOURNAL OF THE HOUSE,
Watson Wells Westlake Wiggins
Wilson, J. M. Wood
Those voting in the negative were Messrs.:
Alien Brantley Bryant Collins, M. Dollar Dorminy Elliott Fleming Funk Gignilliat Hadaway
Harrington Herndon Holder Leonard Lewis Lowrey Marshall Matthews, D. R. Mixon Moore, Don C. NeSmith, J. D.
Nessmith, P. Newton, A. S. Newton, D. L. Otwell Parrish Reaves Russell Webb Williams, G. J. Wilson, R. W.
Those not voting were Messrs.:
Bean Bowen Collins, J. F. Conger Conner Dixon Floyd Gaynor Harrison Jordan, Ben C.
Knight Land Lovett Melton Pafford Pickard Rainey Richardson Roach Rush
Simkins Smith, G. L. II Smith, V. T. Sweat Thomas Underwood Vaughn, C. R. Ware Williams, W. M. Mr. Speaker
On the adoption of the Resolution as amended, the ayes were 142, nays 32.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted as amended.
Mr. Jordan of the 103rd requested that the Journal record him as voting "nay" on the adoption of SR 11, as amended.
The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HR 243-517. By Mr. Harris of the 85th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an annual
FRIDAY, FEBRUARY 18, 1966
2521
ad valorem tax upon the taxable property located in that district and
area within said city described as downtown Brunswick and to provide for the powers, authority, funds, purposes, and procedure connected therewith; and for other purposes.
The following Senate amendment was read:
Gayner of the 5th moves to amend HR 243 as follows:
By inserting in the title between the words "taxable" and "prop erty" the word "real".
By inserting in Subparagraph B in the first sentence thereof the word "real" between the words "all" and "property".
By inserting in Section 2 between the words "taxable" and "prop erty", as they appear in the quoted paragraph thereof, the word "real".
Mr. Harris of the 85th moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 150, nays 0.
The Senate amendment to HR 243-517 was agreed to.
HB 387. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend the Revenue Bond Law (formerly known as the Revenue Certificate Law of 1937), relating- to the pub lication of notice to the public of a hearing to validate Revenue Bonds; and for other purposes.
The following Senate amendment was read:
Senators Pennington of the 45th and Kilpatrick of the 44th move to amend HB 387 as follows:
By striking the last sentence of Section 1 and inserting in lieu thereof the following:
"Such newspaper shall be the official organ of the county in which the sheriff's advertisements appear."
2522
JOURNAL OF THE HOUSE,
Mr. Harris of the 118th 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
Abney Adams Alexander Alien Anderson Bagby Barber Barfield Bennett Berry Blair Blalock Bowen Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Carley Games Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Cook Crowe Daugherty Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Drew Duncan Elliott Evensen Farrar Fleming Gaissert
Gary Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrell Harrington Harris, J. F. Harris, J. K. Harris, R. W. Hawkins Herndon Higginbotham Hood Houston Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton
Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Palmer Paris Parrish Peterson Phillips Powers Rainey Reid Ross Rowland Russell Savage Sherman Sims Smith, A. B. Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Starnes Steis Stewart Story Sullivan Sweat Taylor Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood
Vaughan, D. N. Walling Watkins Watson
FRIDAY, FEBRUARY 18, 1966
2523
Webb Westlake Wiggins Williams, G. J.
Williams, W. M. Wilson, R. W.
Those not voting were Messrs.:
Bean Bedgood
Black Brantley Carr Conner Cox Dailey Davis Doster Egan Etheridge Floyd Fulford Funk Harrison
Henderson Hill Holder Howard Jordan, Ben C. Knight Land Leonard Longino Lovett McClatchey NeSmith, J. D. Odom Parker Pickard Reaves
Richardson Roach Rush Shields Simkins Smith, G. L. II Smith, V. T. Stalnaker Stovall Vaughn, C. R. Ware Wells Wilson, J. M. Wood Mr. Speaker
On the motion to agree, the ayes were 157, nays 0.
The Senate amendment to HB 387 was agreed to.
HB 388. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to be entitled an Act to amend the Revenue Bond Law (formerly known as the Revenue Certificate Law of 1937), relating the publication of notice to the public of a hearing to validate Revenue Bonds; and for other purposes.
The following Senate amendment was read:
Senators Pennington of the 45th and Kilpatrick of the 44th moves to amend HB 388 as follows:
By striking the last sentence of Section 1 and inserting in lieu thereof the following:
"Such newspaper shall be the official organ of the county in which the sheriff's advertisments appear."
2524
JOURNAL OF THE HOUSE,
Mr. Harris of the 118th moved that the House agree to the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs,
Abney Adams Alexander Alien Bagby Barber Barfield Bennett Berry Blair Bo wen Brackin Brinkley Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Cook Crowe Daugherty Dean DeLong Dickinson Dollar Drew Duncan Elliott Farrar Fleming Gaissert Gaynor Gignilliat Grahl Hadaway Hale
Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Henderson Herndon Higginbotham Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lovell Maddox Malone Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Mixon Moore, J. H. Murphy Nessmith, P. Newton, A. S. Newton, D. L.
Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reid Ross Rowland Russell Savage Sherman Smith, A. B. Smith, J. R. Snellings Snow Spikes Spillers Steis Stewart Story Stovall Sullivan Taylor Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Walling Watkins Watson Webb Westlake Wiggins Williams, G. J. Williams, W. M.
FRIDAY, FEBRUARY 18, 1966
2525
Those not voting were Messrs.:
Anderson Bean Bedgood Black Blalock Brantley Brown, B. D. Caldwell Games Carr Conner Cox Dailey Davis Dillon Dixon Dorminy Doster Egan Etheridge Evensen Floyd Fulford
Funk Gary Grier Harrell Harrison Hill Howard Jones, C. Paul Jordan, Ben C. Jordan, W. H. Knight Land Lane Leonard Longino Lovett Lowrey Marshall McClatchey Minge Mitchell Moore, Don C. NeSmith, J. D.
Odom Pickard Reaves Richardson Roach Rush Shields Sims Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Stalnaker Starnes Sweat Townsend Vaughn, C. R. Ware Wells Wilson, J. M. Wilson, R. W. Wood Mr. Speaker
On the motion to agree, the ayes were 135, nays 0.
The Senate amendment to HB 388 was agreed to.
HB 304. By Mr. Farrar of the 118th:
A Bill to be entitled an Act to create a State Council for the Preserva tion of Natural Areas; and for other purposes.
The following Senate amendments were read:
Senator Carter of the 14th moves to amend HB 304 by striking in Section 3 the word and figure "seven (7)" and substituting therefor the word and figure "eight (8)" and by adding in Section 3 the sub section:
"(6) One representative from the Georgia Soil and Water Conservation Commission for a term to be determined at the discretion of said Commission".
Senator Carter of the 14th moves to amend HB 304 by striking from the title the words:
"to provide for compensation of its members;".
2526
JOURNAL OP THE HOUSE,
Mr. Farrar of the 118th 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.
Adams Alien Anderson Bagby Barber Barfield Bean Bennett Berry Blair Blalock Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Games Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Cook Crowe Dean DeLong Dillon Dixon Dorminy Drew Duncan Egan Elliott Evensen Farrar Fleming Funk Gaissert Gaynor Gignilliat
Grier Hadaway Hale Hamilton Harrington Harris, J. F. Harris, J. R. Hawkins Herndon Higginbotham Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Kiley Knapp Lambert Lambros Lane Lea, F. R. Lee, W. S. Leonard Le vitas Lewis Longino Lovell Maddox Malone Marshall Matthews, C. Mauldin McCracken Melton Merritt Mitchell Mixon Moore, Don C. Moore, J. H.
Murphy Newton, A. S. Odom Oglesby Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reid Rowland Russell Savage Sherman Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Steis Stewart Story Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Town send Tucker Tye Vaughan, D. N. Walling Watkins Webb Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, R. W.
FRIDAY, FEBRUARY 18, 1966
2527
Those not voting were Messrs.:
Abney Alexander Bedgood
Black Bowen Brantley Caldwell Carr
Colwell Conger Conner Cox Dailey Daugherty Davis Dickinson Dollar
Doster Etheridge Floyd Fulford
Gary Grahl Harrell
Harris, R. W. Harrison Henderson
Hill Howard Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight
Land Lee, W. J. (Bill) Lovett Lowrey Matthews, D. R. McClatchey McDaniell
Minge NeSmith, J. D. Nessmith, P. Newton, D. L.
Otwell Pickard
Rainey Reaves
Richardson Roach Ross Rush Shields Sims Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Stalnaker Starnes Stovall Taylor Underwood Vaughn, C. R. Ware Watson Wells Wilson, J. M. Wood Mr. Speaker
On the motion to agree, the ayes were 134, nays 0.
The Senate amendment to HB 304 was agreed to.
HR 274-596. By Messrs. Blalock and Davis of the 33rd: A Resolution proposing an amendment to the Constitution so as to create the Coweta County Development Authority; and for other pur poses.
The following Senate amendment was read: Senator Yancey of the 33rd moves to amend HR 274-596 by striking
Paragraph F in its entirety and by renumbering Paragraphs G through P accordingly.
Mr. Blalock of the 33rd moved that the House disagree with the Senate amendment, and the motion prevailed.
The Senate amendment to HR 274-596 was disagreed to.
2528
JOURNAL OF THE HOUSE,
Under the general order of business established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read:
HR 329. By Mr. Lane of the 64th:
A RESOLUTION
Amending the rules of the House of Representatives; and for other purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the rules of the House of Representatives are hereby amended by adding after Rule No. 257 a new rule to be numbered 258, to read as follows:
"258. Contests
(a) In case a contest is filed to the seating of any person elected as a member of this Body the oath of office shall not be ad ministered to such person nor shall he be recognized as a member of this Body until the House has resolved said contest. A contest will be reviewed by the Clerk and reported to the Body when it convenes.
(b) In case of an election to fill a vacancy, if this Body is not in session, the oath of office shall not be administered to the person elected nor shall such person be recognized as a member of this Body for a period of ten days after the certification of his election to the Clerk of the House. If during said ten day period a contest is filed to the seating of such person, the Clerk of the House shall report the same to the Speaker who shall refer the same to be a committee of not less than 21 nor more than 31, to be appointed by the Speaker, who shall be chairman thereof. Said committee shall convene as soon as practicable and after notifying he person whose seating is contested, shall proceed to resolve said contest and file its action with the Clerk. The action of the com mittee shall be considered the action of the House until it next con venes at which time it shall affirm or reverse the committee, or take such other action thereon as it sees fit.
(c) In all contests the person whose seat is contested shall have notice and opportunity to be heard, the right of counsel and the right to compulsory process for the production of evidence in his behalf."
The following Committee substitute was read and adopted:
A RESOLUTION
Amending the rules of the House of Representatives; and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2529
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the rules of the House of Representatives are hereby amended by adding after Rule No. 257 a new rule to be numbered 258, to read as follows:
"258. Contests
(a) In case a contest is filed to the seating of any person elected as a member of this Body the oath of office shall not be administered to such person nor shall he be recognized as a member of this Body until the House has resolved said contest. A contest will be received by the Clerk and reported to the Body when it convenes.
(b) In case of an election to fill a vacancy, if this Body is not in session, the oath of office shall not be administered to the person elected nor shall such person be recognized as a member of this Body for a period of ten days after the certification of his election to the Clerk of the House. If during said ten day period a contest is filed to the seating of such person, the Clerk of the House shall report the same to the Speaker who shall refer the same to the standing Rules Committee of the House. Said com mittee shall convene as soon as practicable and after notifying the person whose seating is contested, shall proceed to resolve said contest and file its action with the Clerk. The action of the com mittee shall be considered the action of the House until it next convenes at which time it shall affirm or reverse the committee, or take such other action thereon as it sees fit.
(c) In all contests the person whose seat is contested shall have notice and opportunity to be heard, the right of counsel and the right to compulsory process for the production of evidence in his behalf.
(d) Contests will only be received or recognized by the Clerk when filed by a person duly certified as having been elected to this House, or by a person who was a candidate for such contested seat in the election held to fill the same; provided, however, no person may file a contest to more than one seat."
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Barber
Barfield Bean Black Blalock Bowen
Brackin Brantley Brown, M. P. Caldwell Carnes
2530
Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Collins, M. Colwell Crowe DeLong Dickinson Dixon Dorminy Doster Drew Duncan Elliott Evensen Farrar Fleming Fulford Funk Gaissert Gary Hadaway Harrell Harrington Harris, J. F. Hawkins Henderson Herndon Higginbotham Hill Holder Houston Howard Hull Hutchinson
JOURNAL OF THE HOUSE,
Irvin Johnson, A. S. Dr. Johnson, B. Jones, G. Paul Jordan, Ben C. Kiley Lambert Lambros Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Leonard Longino Lovell Maddox Marshall Matthews, D. R. Mauldin McCracken McDaniell Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Paris Parker
Parrish Phillips Rainey Reaves Richardson Ross Russell Savage Sherman Simkins Smith, V. T. Smith, W. L. Snellings Snow Spikes Steis Stewart Story Stovall Sullivan Sweat Taylor Thomas Tye Underwood Vaughan, D. N. Vaughn, C. R. Watkins Watson Webb Westlake Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.
Alexander Brown, B. D. Brown, C. Bryant Cook Daugherty Egan
Gaynor Gignilliat Grahl Grier Hamilton Hood Le vitas
Those not voting were Messrs.:
Bagby Bedgood Bennett
Berry Blair Brinkley
Malone Palmer Stalnaker Thompson, A. W. Townsend
Busbee Byrd Car ley
Carr Gates Conger Conner Cox Dailey Davis Dean Dillon Dollar Etheridge Floyd Hale Harris, J. R. Harris, R. W. Harrison Howell Jones, C. M. Jones, M.
FRIDAY, FEBRUARY 18, 1966
2531
Jordan, W. H. Knapp Knight Land Lewis Lovett Lowrey Matthews, C. McClatchey Melton Merritt Minge Moore, J. H. Peterson Piekard Powers Reid Roach Rowland
Rush Shields Sims Smith, A. B. Smith, G. L. II Smith, J. R. Spillers Starnes Thompson, R. Tucker Walling Ware Wells Wiggins Williams, G. J. Wilson, J. M. Mr. Speaker
On the adoption of the Resolution by substitute, the ayes were 121, nays 19.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
Mr. Stalnaker of the 59th stated that he had inadvertently voted "nay", but intended to vote "aye" on HR 329.
Mr. Carnes of the 129th stated that he had inadvertently voted "aye" but intended to vote "nay" on HR 329.
The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HB 48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A Bill to amend an Act authorizing Health Insurance plan for State employees for dental care; and for other purposes.
The following Senate amendment was read:
Senator Noble of 19th moves to amend HB 48, as follows:
By adding at the end of the quoted Subsection (c) as the same appears in Section 3, the following:
"The employee and covered dependents will be provided with benefits in full or in an amount which when added to the benefits payable under the medical care for the aged program of the Social
2532
JOURNAL OP THE HOUSE,
Security Administration shall not exceed 100 per cent of the allow able expenses."
Mr. Busbee of the 79th moved that the House agree to the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Anderson Barber Barfield Bean Bennett Black Blair Blalock Bowen Brackin Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Carnes Gates Clark, J. T. Collins, J. F. Colwell Conger Crowe Dean DeLong Dickinson Dillon Dixon Dollar Dorminy Drew Duncan Elliott Etheridge Evensen Farrar Fleming
Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hale Harrell Harrington Harris, J. F. Harris, J. R. Hawkins Henderson Higginbotham Holder Houston Howard Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jordan, Ben C. Kiley Knapp Lambert Lambros Lea, F. R. Lee, W. S. Leonard Le vitas Lewis Longino Lovell Maddox Malone Marshall Matthews, C. Matthews, D. R.
Mauldin McCracken McDainell Melton Merritt Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Palmer Paris Parker Parrish Phillips Reaves Reid Richardson Ross Rowland Savage Sherman Shields Simkins Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow Spikes Steis Stewart Story Stovall Sullivan
FRIDAY, FEBRUARY 18, 1966
2533
Sweat Thomas, G. Thompson, A. W. Thompson, R. Townsend Tucker Tye
Vaughan, D. N. Vaughn, C. R. Walling Watkins Watson Webb Wells
Westlake Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Bagby Bedgood Berry Brantley Brinkley Caldwell Carr Chandler Clarke, H. G. Colling, M. Conner Cook Cox Dailey Daugherty Davis Doster Egan Floyd Gary
Hamilton Harris, R. W. Harrison Herndon Hill Hood Howell Jones, G. Paul Jones, M. Jordan, W. H. Knight Land Lane Lee, W. J. (Bill) Lovett Lowrey McClatchey Minge NeSmith, J. D. Otwell
Peterson Pickard Powers Rainey Roach Rush Russell Sims Smith, A. B. Smith, G. L. II Spillers Stalnaker Starnes Taylor Underwood Ware Wiggins Wilson, J. M. Mr. Speaker
On the motion to agree, the ayes were 145, nays 0.
The Senate amendment to HB 48 was agreed to.
The Clerk was directed to correct a typographical error as follows: HB 48 Section 2, 1965 should be 1966.
HR 62-110. By Mr. Dean of the 20th:
A Resolution amending a Resolution, authorizing the conveyance of certain real property, owned by the State Highway Department, and located in East Point, Georgia, so as to provide that the proceeds there from shall be paid to the Treasurer of the State Highway Department; and for other purposes.
2534
JOURNAL OF THE HOUSE,
The following Senate amendment was read:
Senator Thompson of the 34th moves to amend HR 62-110 by adding a new section:
Be it further resolved that the State Highway Department of Georgia be directed to negotiate with the City of East Point, Georgia, for the sale of this property to the City of East Point, Georgia, and authorize to negotiate a fair price for the purchase of said property by the said City.
Mr. Dean of the 20th moved that the House agree to the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Barber Barfield Bennett Black Blair Blalock Brackin Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Carnes Gates Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Conger Cook Crowe Dean DeLong Dickinson Dillon Dixon
Drew Duncan Elliott Etheridge Farrar Fleming Fulford Funk Gaissert Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrington Harris, J. R. Hawkins Henderson Higginbotham Holder Hood Houston Howell Hull Hutchinson Irvin Johnson, A. S. Dr. Johnson, B. Kiley Lambert
Lambros Lee, W. S. Levitas Lewis Longino Lovell Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McDaniell Melton Merritt Moore, Don C. Moore, J. H. Murphy Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Palmer Paris Parker Parrish Phillips Reaves Reid Ross
Rowland Savage Sherman Sitnkins Smith, J. R. Smith, W. L. Snellings Snow Spikes Spillers Steis
FRIDAY, FEBRUARY 18, 1966
2535
Story Sullivan Sweat Thomas Thompson Thompson, R. Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R.
Walling Watkins Watson Webb Wells Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs. :
Anderson Bagby Bean Bedgood Berry Bowen Brantley Brinkley Brown, B. D. Caldwell Carr Collins, M. Conner Cox Dailey Daugherty Davis Dollar Dorminy Doster Egan Evensen Floyd Gary Harrell Harris, J. F.
Harris, R. W. Harrison Herndon Hill Howard Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knapp Knight Land Lane Lea, F. R. Lee, W. J. (Bill) Leonard Lovett Lowrey McClatchey McCracken Minge Mitchell Mixon NeSmith, J. D. Nessmith, P.
Otwell Peterson Pickard Powers Rainey Richardson Roach Rush Russell Shields Sims Smith, A. B. Smith, G. L. II Smith, V. T. Stalnaker Starnes Stewart Stovall Taylor Townsend Ware Westlake Wiggins Wilson, J. M. Mr. Speaker
On the motion to agree, the ayes were 127, nays 0.
The Senate amendment to HR 62-110 was agreed to.
HB 335. By Messrs. Mitchell and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act known as the Georgia Water Quality Control Act, so as to amend the powers of the Georgia Water Quality Control Board to remove the requirement of mandatory hearing prior to the rendition of any order by the Board; and for other purposes.
2536
JOURNAL OF THE HOUSE,
The following Senate amendment was read:
Senator Holloway of 12th moves to amend HB 335 as follows:
By inserting in subsection (1) of Section 13, which subsection is quoted in Section 4 of said Bill, between the word "subsections" and "(b)" the following: "(a)", so that when so amended subsection (1) of Section 13 shall read as follows:
"(1) Any person who has exhausted all administrative remedies available within the agency and who is aggrieved by a final decision in a contested case is entitled to judicial review under this Act. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy. In this connection, all pro ceedings for judicial review shall be in accordance with subsections (a), (b), (c), (d), (e), (f), (g), and (h) of Section 20 of the Georgia Administrative Procedure Act, Ga. Laws 1964, p. 354, et. seq."
Mr. Mitcaell of the 3rd moved that the House agree with the Senate amend ment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alexander Alien Bagby Barber Barfield Bennett Berry Blair Bowen Brackin Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Carley Games
Carr Chandler Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Cook Crowe Dean DeLong Dollar Doster Duncan Egan Elliott Farrar Fleming Fulford Funk Gaissert Gary
Gignilliat Grahl Grier Hale Hamilton Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Henderson Higginbotham Hood Houston Howell Hull Hutchinson Johnson, B. Jones, C. M. Jones, M. Jordan, W. H. Kiley
FRIDAY, FEBRUARY 18, 1966
2537
Knapp Lambert Lambros Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lovell Maddox Malone Marshall Matthews, C. Mauldin McClatchey McDaniell Melton Merritt Mitchell Moore, Don C. Moore, J. H. Murphy Newton, A. S.
Odom Otwell Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reid Richardson Ross Rowland Savage Sherman Sims Smith, V. T. Smith, W. L. Snellings Snow
Spikes Spillers Stalnaker Steis Stewart Story Sullivan Thomas Thompson, A. W. Tucker Vaughan, D. N. Vaughn, C. R. Ware Watkins Watson Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Anderson Bean Bedgood Black Blalock Brantley Caldwell Gates Collins, M. Conger Conner Cox Dailey Daugherty Davis Dickinson Dillon Dixon Dorminy Drew Etheridge Evensen Floyd Gaynor
Hadaway Harrell Harrington Harrison Herndon Holder Howard Irvin Johnson, A. S. Dr. Jones, G. Paul Jordan, Ben C. Knight Land Lane Lea, F. R. Longino Lovett Lowrey Matthews, D. R. McCracken Minge Mixon NeSmith, J. D. Nessmith, P.
Newton, D. L. Oglesby Pickard Reaves Roach Rush Russell Shields Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Starnes Stovall Sweat Taylor Thompson, R. Townsend Tye Underwood Walling Webb Mr. Speaker
On the motion to agree, the ayes were 132, nays 0.
2538
JOURNAL OF THE HOUSE,
The Senate amendment to HB 335 was agreed to.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate insists on its position on the following Bill of the House and respectfully asks that a Committee of Conference be appointed:
HB 369. By Mr. Lovell of the 6th:
A Bill to amend an Act superseding and consolidating the laws relating to the State Game and Fish Commission, so as to authorize the State Game and Fish Commission to appoint deputy wildlife rangers of the State-at-large; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Pennington of the 45th, Moore of the 31st and Carter of the 14th.
The Senate has agreed to the House amendment to the Senate amendment to the following Bill of the House:
HB 244. By Mr. Hull of the 104th:
A Bill to amend the Appellate Procedure Act of 1965, so as to redefine the rules relating to the necessity of filing motions for new trial and judgment notwithstanding the verdict; and for other purposes.
The Senate agrees to the House amendment to the following Resolution of the Senate:
SR 38. By Senators Webb of the llth and Jackson of the 16th:
A Resolution proposing an amendment to the Constitution so as to authorize the establishment of area school systems and area schools, by county; and independent boards of education; and for other purposes.
The Senate has adopted as amended by the requisite constitutional majority the following Resolution of the House:
FRIDAY, FEBRUARY 18, 1966
2539
HR 287-650. By Messrs. McCracken of the 49th, Phillips of the 41st and others:
A Resolution creating the Rivers and Harbors Development Commission of the State of Georgia; and for other purposes.
The Senate insists on its position on the following Resolution of the House and respectfully asks that a Committee of Conference be appointed:
HR 274-596. By Messrs. Blalock and Davis of the 33rd:
A Resolution proposing an amendment to the Constitution so as to create the Coweta County Development Authority; and for other pur poses.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Plunkett of the 30th, Yancey of the 33rd and Salome of the 36th:
The Senate insists on its position on the following Bill of the House and respectfully asks that a Committee of Conference be appointed:
HB 421. By Messrs. Mauldin of the 18th, Blalock of the 33rd and others:
A Bill to provide for the regulation of "perpetual care" and "endow ment care" cemeteries; and for other purposes.
The president has appointed as a Committee of Conference on the part of the Senate: Senators Holley of the 22nd, Carter of the 14th and Lee of the 47th.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
The following report of the Committee of Conference was read:
REPORT OF COMMITTEE OF CONFERENCE ON SB 35
Mr. President:
Mr. Speaker:
The Committee of Conference appointed on SB 35 respectfully reports as follows:
2540
JOURNAL OP THE HOUSE,
(1) The Committee recommends that the Senate recede from its position relative to the House Amendment to SB 35 arid that the Bill as amended by the House be adopted.
This 18th day of February, 1966.
ON BEHALF OF THE SENATE:
JAMES P. WESBERRY, JR. Senator, 37th District
LEROY R. JOHNSON Senator, 38th District
DAN I. MacINTYRE, III Senator, 40th District
ON BEHALF OF THE HOUSE OF REPRESENTATIVES:
THOMAS JEROME DILLON Representative, 128th District
JOHN HOOD Representative, 124th District
CHARLIE L. CARNES Representative, 129th District
Mr. Dillon of the 128th moved that the House adopt the report of the Com mittee of Conference.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Barber Bean Berry Bryant Byrd Carley Carnes Clarke, H. G. Cox Dean Dillon Dixon Duncan Egan Elliott Etheridge Farrar
Gaissert Gaynor Grahl Hamilton Harris, J. F. Harris, J. R. Jones, G. Paul Jones, M. Knapp Lambros Leonard Levitas McClatchey McDaniell Melton Merritt Overby Palmer Parrish
Peterson Powers Rainey Reid Sims Snow Stalnaker Stewart Thompson, A. W. Thompson, R. Townsend Tucker Vaughn, C. R. Walling Westlake Wiggins Williams, W. M.
FRIDAY, FEBRUARY 18, 1966
2541
Those voting in the negative were Messrs.:
Alien Anderson Barfield Bennett Blalock Bowen Brackin Brown, C. Gates Chandler Clark, J. T. Collins, J. P. Collins, M. Colwell Conger DeLong Dickinson Drew Evensen Fleming Fulford Funk Gary Hadaway Harrell Harris, R. W. Hawkins Henderson Herndon Higginbotham
Hill Holder Houston Howard Howell Hull Hutchinson Johnson, A. S. Dr. Johnson, B. Jordan, Ben C. Kiley Lane Lea, F. R. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lovett Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D.
Nessmith, P. Newton, A. S. Newton, D. L. Odom Pafford Paris Parker Reaves Richardson Ross Savage Sherman Simkins Smith, J. R. Smith, W. L. Spillers Steis Story Stovall Sullivan Thomas Tye Underwood Vaughan, D. N. Watkins Watson Williams, G. J. Wilson, J. M. Wilson, R. W.
Those not voting were Messrs.:
Alexander Bagby Bedgood Black Blair Brantley Brinkley Brown, B. D. Brown, M. P. Busbee Caldwell Carr Conner Cook Crowe Dailey Daugherty Davis Dollar Dorminy
Doster Floyd Gignilliat Grier Hale Harrington Harrison Hood Irvin Jones, C. M. Jordan, W. H. Knight Lambert Land Lowrey McCracken Minge Mitchell Oglesby Otwell
Phillips Pickard Roach Rowland Rush Russell Shields Smith, A. B. Smith, G. L. II Smith, V. T. Snellings Spikes Starnes Sweat Taylor Ware Webb Wells Wood Mr. Speaker
2542
JOURNAL OP THE HOUSE,
On the motion, the ayes were 55, nays 89.
The motion to adopt the Committee of Conference on SB 35 was lost.
Mr. Dillon of the 128th moved that a second Committee of Conference be appointed on SB 35, and the motion prevailed.
The Speaker appointed on the part of the House the following members:
Messrs. Cook of the 123rd, Townsend of the 140th and Etheridge of the 123rd.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
SB 19. 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" to provide for taxing on alcoholic beverages in municipalities; and for other purposes.
The following report of the Committee of Conference was read:
MAJORITY CONFERENCE COMMITTEE REPORT ON SB 19
MR. PRESIDENT:
MR. SPEAKER
The Majority Conference Committee on SB 19 has met and recom mends the adoption of the following report:
A. That the Senate recede from its position; B. That the House recede from its position; and C. That the attached amendments to SB 19 be adopted.
This 18th day of February, 1966.
ON BEHALF OF THE SENATE: S. FLETCHER THOMPSON SENATOR, 34th DISTRICT
FRIDAY, FEBRUARY 18, 1966
2543
FRANK ELDRIDGE, JR. SENATOR, 7TH DISTRICT
KENNETH KILPATRICK SENATOR, 44TH DISTRICT
ON BEHALF OF THE HOUSE OF REPRESENTATIVES:
GUY HILL REPRESENTATIVE, 121ST DISTRICT
_------,,._..____.....______.moves to amend SB 19 as follows:
By striking from the title the words "that the governing authority of".
By striking in its entirety the new Section 4A as provided for in Section 1 and inserting in lieu thereof a new Section 4A to read as follows:
"Section 4A. Any municipality lying within a county that has held a referendum election as provided under this Act, the results of which were to allow the taxing and legalizing and controlling of alcoholic beverages and liquors, may make a determination, in a referendum election in the manner provided for hereinafter, as to whether the same shall be allowed within the corporate limits of said municipality."
By striking from Section 4B the words "Notwithstanding Section 4A above" and by striking from the first and last sentences of said Section the words and/or figures "fifteen (15)" and inserting in lieu thereof the words and/or figures "thirty-five (35)".
MINORITY CONFERENCE COMMITTEE REPORT ON SB 19
MR. PRESIDENT:
MR. SPEAKER:
The Minority of the Conference Committee consisting of the under signed do hereby disagree with the Majority Report of the Conference Committee and recommend the following:
A. That the Senate recede from its position;
B. That the House not recede from its position; and
C. That a new Conference Committee be appointed on SB 19.
This 18th day of February, 1966.
ON BEHALF OF THE HOUSE OF REPRESENTATIVES:
2544
JOURNAL OF THE HOUSE,
ED T. FULFORD REPRESENTATIVE, 67TH DISTRICT
THOMAS M. MITCHELL REPRESENTATIVE 3RD DISTRICT
Mr. Hill of the 121st moved that the House adopt the majority report of the Committee of Conference.
On the motion to adopt the majority report of the Committee of Conference on SB 19, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Adams Alien Barber Bennett Brackin Brown, C. Byrd Carley Games Gates Clarke, H. G. Elliott Evensen Gaissert Gignilliat Grahl Harris, J. F. Hawkins Higginbotham Hill
Houston Howell Jones, G. Paul Jordan, W. H. Lea, F. R. Lee, W. S. Lewis Longino Lovell Malone Matthews, D. R. Mixon Murphy Nessmith, P. Newton, A. S. Newton, D. L. Otwell Overby Palmer Paris
Peterson Phillips Sims Simkins Snow Spillers Story Thompson, R. Tucker Underwood Vaughan, D. N. Vaughn, C. R. Walling Watson Webb Wells Westlake Williams, W. M. Wood
Those voting in the negative were Messrs.:
Alexander Bagby Barfield Bean Berry Black Blair Brinkley Brown, B. D. Caldwell Carr Chandler
Clark, J. T. Collins, J. F. Collins, M. Cook Crowe Dean DeLong Dixon Dollar Drew Etheridge Farrar
Fleming Fulford Funk Gaynor Grier Hamilton Harris, J. R. Harris, R. W. Herndon Holder Hood Hull
FRIDAY, FEBRUARY 18, 1966
2545
Hutchinson Johnson, A. S. Dr. Jones, C. M. Jones, M. Kiley Leonard Le vitas Maddox Matthews, C. Mauldin McCracken McDaniell Merritt Mitchell Moore, J. H.
NeSmith, J. D. Odom Oglesby Pafford Parrish Powers Rainey Reaves Reid Richardson Roach Ross Rowland Savage Sherman
Smith, J. R. Smith, W. L. Steis Stewart Stovall Sullivan Taylor Thomas Thompson, A. W. Townsend Tye Watkins Wiggins Williams, G. J.
Those not voting were Messrs.:
Abney Anderson Bedgood Blalock Bowen Brantley Brown, M. P. Bryant Busbee Colwell Conger Conner Cox Dailey Daugherty Davis Dickinson Dillon Dorminy Doster Duncan Egan
Floyd Gary Hadaway Hale Harrell Harrington Harrison Henderson Howard Irvin Johnson, B. Jordan, Ben C. Knapp Knight Lambert Lambros Land Lane Lee, W. J. (Bill) Lovett Lowrey Marshall
McClatchey Melton Minge Moore, Don C. Parker Pickard Rush Russell Shields Smith, A. B. Smith, G. L. II Smith, V. T. Snellings Spikes Stalnaker Starnes Sweat Ware Wilson, J. M. Wilson, R. W. Mr. Speaker
On the motion, the ayes were 59, nays 80.
The motion to adopt the majority report of the Commitee of Conference on SB 19 was lost.
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:
2546
JOURNAL OF THE HOUSE,
HB 475. By Messrs. Overby, Williams and Wood of the 16th:
A Bill to add one additional Judge of the Superior Court for the North eastern Judicial Circuit of Georgia, so as to provide for two judges in said court; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 369. By Mr. Lovell of the 6th:
A Bill to amend an Act superseding and consolidating the laws relating to the State Game and Fish Commission to appoint deputy wildlife rangers of the State-at-large; and for other purposes .
Mr. Dickinson of the 27th moved that the House insist on its position in disagreeing to the Senate amendment and that a Committee of Conference be appointed to confer with a like Committee on the part of the Senate, and the motion prevailed.
The Speaker appointed as a Committee of Conference to confer with a like Committee on the part of the Senate, the following members of the House: Messrs. Caldwell of the 51st, Dickinson of the 27th and Lovell of the 6th.
The following Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HR 274-596. By Messrs. Blalock and Davis of the 33rd: A Resolution proposing an amendment to the Constitution so as to create the Coweta County Development Authority; and for other purposes.
Mr. Blalock of the 33rd moved that the House insist on its position in dis agreeing to the Senate amendment and that a Committee of Conference be appointed to confer with a like Committee on the part of the Senate, and the motion prevailed.
The Speaker appointed as a Committee of Conference to confer with a like Committee on the part of the Senate, the following members of the House: Messrs. Blalock of the 33rd, Longino of the 122nd and Lee of the 35th.
The following Resolution of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
FRIDAY, FEBRUARY 18, 1966
2547
The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON HR 274-596
Mr. President:
Mr. Speaker:
The Conference Committee on HR 274-596 has met and respectfully recommends the adoption of the following report:
(a) That the Senate recede from its position; (b) That the House recede from its position; and (c) That the attached amendments to HR 274-596 be adopted.
This 18th day of February, 1966.
Respectfully submitted,
FOR THE SENATE
Lamar R. Plunkett Senator, 30th District
Kyle Yancey Senator, 33rd District
J. M. (Joe) Salome Senator, 36th District
FOR THE HOUSE OF REPRE SENTATIVES
D. B. Blalock Representative, 33rd District
Young H. Longino Representative, 122nd District
Wm. J. Lee Representative, 35th District
_..__._--__..._______._......_._---_..--_._._.._--- moves to amend HR 274-596 as follows:
By striking subsection F of Section 1 in its entirety and inserting in lieu thereof a new subsection F to read as follows:
"Subsection F. The Authority may sue and be sued the same as any private corporations."
Mr. Blalock of the 33rd moved that the House adopt the report of the Com mittee of Conference.
2548
JOURNAL OF THE HOUSE,
On the motion to adopt the report of the Committee of Conference on HR 274-596, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alien Bagby Barber Barfield Bean Bennett Berry Blair Blalock Bowen Brackin Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Bryant Busbee Byrd Caldwell Car ley Games Chandler Clarke, H. G. Clark, J. T. Collins, J. P. Collins, M. Colwell Cook Crowe Davis Dean DeLong Dickinson Dixon Drew Duncan Egan Elliott Evensen Farrar Fleming Fulford Gaissert Gary Gignilliat
Grier Hamilton Harrell Harris, J. F. Harris, J. R. Harris, R. W. Hawkins Henderson Herndon Holder Hood Houston Howell
Hull Hutchinson Johnson, B. Jones, C. M. Jones, M. Jordan, W. H. Kiley Knapp Lambert Lambros Lee, W. J. (Bill) Lee, W. S. Levitas
Lewis Lovell Maddox Malone Marshall Matthews, C. Mauldin McClatchey McCracken McDaniell Melton Merritt Mixon Moore, Don C.
Moore, J. H. Murphy Nessmith, P. Newton, A. S. Odom Otwell Overby Pafford
Palmer Paris Parker Parrish Peterson Phillips Powers Rainey Reid Richardson Ross Rowland Savage Sherman Shields Sims Simkins Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Steis Stewart Story Sullivan
Sweat Thompson, A. W. Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N.
Vaughn, C. R. Walling Ware Watkins Watson Wells Westlake
Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
FRIDAY, FEBRUARY 18, 1966
2549
Those not voting were Messrs.:
Alexander Anderson Bedgood Black Carr Gates Conger Conner Cox Dailey Daugherty Dillon Dollar Dorminy Doster Etheridge Floyd Funk Gaynor Grahl
Hadaway Hale Harrington Harrison Higginbotham Hill Howard Irvin Johnson, Dr. A. S. Jones, G. Paul Jordan, Ben C. Knight Land Lane Lea, F. R. Leonard Longino Lovett Lowrey Matthews, D. R.
Minge Mitchell NeSmith, J. D. Newton, D. L. Oglesby Pickard Reaves Roach Rush Russell Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Starnes Stovall Taylor Thomas Webb Mr. Speaker
On the motion, the ayes were 144, nays 0.
The report of the Committee of Conference on HR 274-596 was adopted.
Under the general order of business established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:
SB 28. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th and others:
A Bill to be entitled an Act to protect property of the citizens of this State and to facilitate the identification of motor vehicles, parts, ac cessories and assemblies thereof, by prohibiting the sale in the State of Georgia of new motor vehicles and certain components not bearing identification numbers; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to protect property of the citizens of this State and to facilitate the identification of motor vehicles, parts, acces sories and assemblies thereof, by prohibiting the sale in the State of Georgia of new motor vehicles and certain components not bearing
2550
JOURNAL OF THE HOUSE,
identification numbers; to provide that no new motor vehicle sold in the State of Georgia shall bear the same identification number as any other motor vehicle made by the same manufacturer; to provide that an identification number shall appear upon certain portions, parts and assemblies of any new motor vehicle or as separate components to be sold (or sold) in the State of Georgia; to provide definitions; to require sellers of certain motor vehicle components that bear identification num bers to keep certain records; to provide that these records shall be avail able for inspection at any reasonable time by law enforcement officers; to provide penalties; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Required Identification Numbers.--
A. New motor vehicles and components manufactured within this State.--After the effective date of this Act, all motor vehicles, motor vehicle engines, transmissions, differentials and frames manu factured within this State for sale within this State shall be re quired to have placed upon them a manufacturer's identification number. The required vehicle identification number shall not be the same as the vehicle identification number of any other motor vehicle manufactured by the same manufacturer. The vehicle part serial number shall not be the same number as the serial number for any other like part manufactured by the same manufacturer, but may be the same as the vehicle identification number if the parts are installed as original equipment on the motor vehicle.
B. New motor vehicles sold within this State.--After the ef fective date of this Act no new motor vehicle shall be sold in this State unless such vehicle shall bear a vehicle identification number which shall not be the same as the vehicle identification number of any other motor vehicle made by the same manufacturer.
C. New components sold within this State.--After the effective date of this Act, no new motor vehicle engines, transmission, dif ferential or frame shall be sold in this State unless the same shall bear an identification number which shall not be the same as the identification number for any other like motor vehicle component made by the same manufacturer, except that such numbers may be the same number as the vehicle identification number if the particular components have been installed as original equipment in the motor vehicle prior to its sale to the general public.
D. Attachment to doorpost.--The vehicle identification number required in Sub-Sections A and B shall also be affixed to the left front doorpost of the body of said motor vehicle in such a manner as to render it easily accessible for inspection.
Section 2. Identification Numbers; Method of Installation.--
FRIDAY, FEBRUARY 18, 1966
2551
A. Permanent manner.--The identification numbers required by Section 1. shall be placed upon the motor vehicle and components required to be numbered in a permanent manner so that any attempt to remove, alter, deface, obliterate or destroy them will be readily ascertainable.
B. Method of installation.--The permanent manner required by this Act may be by stamping or any other suitable manufactur ing process that will result in such number becoming a permanent part of the motor vehicle or component. They shall be of a height and width easily readable by the naked eye and shall be located in such a position that they may be ascertained without dismantling the motor vehicle or component. They may consist of letters, num bers, digits or any combination of them.
C. Certain alternate methods.--The vehicle identification num ber required to be installed on the left front doorpost under SubSection 1-D may be substituted by the "manufacturer's vehicle identification number plate" if the same shall correspond to the requirements of identification numbers as set out by this Act, and such plate may be produced, manufactured and attached in ac cordance with the specifications approved by the Society of Auto motive Engineers as to material, lettering, manufacturing and in stallation.
D. Installation.--The identification numbers required by Sec tion 1 shall be placed upon the motor vehicle and required com ponent parts by the manufacturer thereof. Section 3. Definitions.--
A. Motor vehicles.--Every vehicle which is self-propelled, ex cept trackless trolleys, by which person or property is, are, or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon streetcar rails or tracks or overhead trolley wires, shall be considered a motor vehicle.
B. New motor vehicles.--Any motor vehicle which has never been the subject of a sale at retail to the general public shall be considered a new motor vehicle.
C. Used Motor vehicles.--Any motor vehicle which has been the subject of a sale at retail to the general public shall be considered a used motor vehicle.
D. Part.--Each of the following motor vehicle parts or com ponents shall be considered a part for the purpose of requiring a serial number: engines, transmissions, differentials and frames.
E. Person.--Any natural or artificial person, firm, corpora tion, partnership or other association or business relation.
Section 4. Records to be kept.--Any person, firm or corporation who purchases or sells or offers for sale any used motor vehicle, engine, transmission, differential or frame required to be numbered by this Act, or any motor vehicle, engine, transmission, differential or frame pres-
2552
JOURNAL OF THE HOUSE,
ently bearing an identification number voluntarily placed thereon by the manufacturer, shall keep a permanent record of such transactions. Such records shall include from whom the item was purchased and his address and to whom the item was sold and his address, as well as the item and its identification number or numbers. Such records shall be required to be kept for a period of three years from the rate of the transaction and shall be available to all law enforcement officers for inspection at any reasonable time during business hours without prior notice or the necessity of obtaining a search warrant.
Section 5. Penalties.--
A. Sale or possession for sale of non-numbered motor vehicles or parts.--Any person, firm or corporation who sells, offers for sale, ships or causes to be shipped into Georgia, or manufactures a motor vehicle, engine, transmission, differential or frame, the same being intended to be sold at retail within the State of Georgia that does not bear an identification number or numbers as here inbefore set out, shall be deemed guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor.
B. Failure to keep records.--Any person, firm or corporation who purchases, sells or offers for sale any motor vehicle, engine, transmission, differential or frame that is required by this Act to bear an identification number or which presently bears an identi fication number placed upon it voluntarily by the manufacturer, even though not designated as a 1968 model by the manufacturer, where the same is intended to be sold at wholesale or retail within the State of Georgia, and who willfully fails to keep the records required by Section 4 of this Act, shall be deemed guilty of a mis demeanor for each such failure and upon conviction shall be pun ished as for a misdemeanor.
Section 6. Application.--The provisions of this Act requiring identi fication numbers on certain motor vehicles and parts shall only apply to those motor vehicles or parts manufactured after January 1, 1967, and where the same is designated by the manufacturer as a 1968 model or for installation on a 1968 model, unless the motor vehicle or part shall presently bear an identification number; nor shall the provisions of this Act apply to motorcycles, motor driven cycles, school buses, farm tractors, buses, truck tractors, road tractors, trucks, trailers, semi trailers, pole trailers or streetcars as defined in an Act regulating traf fic upon the highways, approved January 11, 1954 (Ga. Laws 1953, Nov.Dec. Sess., p. 566), or go-carts or any vehicle whether self-propelled or otherwise which is not required to be issued a license plate under the laws of this State.
Section 7. This Act shall become effective January 1, 1967.
Section 8. 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 18, 1966
2553
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien
Bagby Barber Barfield Bean Bedgood Bennett Berry Blair Blalock Bowen Brackin Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Car ley Games Gates Chandler Clark, J. T. Crowe Dean DeLong Dixon Doster Drew Duncan Egan Elliott Evensen Farrar Funk Gaissert Gary Gaynor Gignilliat Grahl Grier Harrell
Harrington Harris, J. R. Hawkins Higginbotham Hood Houston
Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kiley Knapp Lambert Lambros Lane Lea, F. R. Lee, W. S. Leonard Le vitas Lewis Longino Lovell Malone Marshall Matthews, C. Mauldin McCracken McDaniell Melton Merritt Mixon Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Odom Oglesby Otwell
Overby Pafford Palmer Paris Parker Parrish Peterson Phillips Powers Reid Richardson Russell Savage Sherman Shields Sims Smith, W. L. Snellings Snow Spikes Spillers Stalnaker Steis Stewart Story Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye Vaughn, C. R. Walling Ware Watson Wells Westlake Wiggins Williams, W. M. Wilson, R. W. Wood
Those voting in the negative were Messrs.:
Fleming
Harris, J. F.
Vaughan, D. N.
2554
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Anderson Black Brantley Brown, C. Caldwell Carr Clarke, H. G. Collins, J. F. Collins, M. Colwell Conger Conner Cook Cox Dailey Daugherty Davis Dickinson Dillon Dollar Dorminy Etheridge Floyd
Fulford Hadaway Hale Hamilton Harris, R. W. Harrison Henderson Herndon Hill Holder Howard Jones, C. M. Knight Land Lee, W. J. (Bill) Lovett Lowrey Maddox Matthews, D. R. McClatchey Minge Mitchell NeSmith, J. D.
Newton, D. L. Pickard Rainey Reaves Roach Ross Rowland Rush Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Starnes Stovall Taylor Underwood Watkins Webb Williams, G. J. Wilson, J. M. Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 133, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 5. By Senator Smalley of the 28th: A Bill to be entitled an Act known as the "Municipal Home Rule Act of 1965", so as to change the provisions relating to the calling of referen dum elections; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Alien Anderson
Barber Barfield Bean Bennett
Berry Blalock Bowen Brackin
Brinkley Brown, B. D. Brown, M. P. Bryant Busbee Byrd Carley Games Gates Clarke, H. G. Clark, J. T. Collins, J. F. Colwell Cook Crowe Davis Dean Dixon Drew Duncan Elliott Evensen Farrar Fleming Funk Gaissert Gaynor Grahl Grier Hamilton Harrington Harris, J. F. Harris, J. R. Hawkins Higginbotham Hood
FRIDAY, FEBRUARY 18, 1966
2555
Houston Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jordan, W. H. Kiley Knapp Lambert Lambros Lane Lea, F. R. Lee, W. S. Levitas Lewis Lovell Maddox Malone Marshall Matthews, C. Mauldin McCracken Melton Merritt Mitchell Moore, Don C. Newton, A. S. Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish
Peterson Phillips Powers Reaves Reid Richardson Ross Savage Sherman Shields Sims Smith, W. L. Snow Spikes Stain aker Steis Stewart Story Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Abney Bagby Bedgood Black Blair Brantley Brown, C. Caldwell Carr Chandler Collins, M. Conger Conner Cox Dailey
Daugherty DeLong Dickinson Dillon Dollar Dorminy Doster Egan Etheridge Floyd Fulford Gary Gignilliat Hadaway Hale
Harrell Harris, R. W. Harrison Henderson Herndon Hill Holder Howard Johnson, B. Jones C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Knight Land
2556
Lee, W. J. (Bill) Leonard Longino Lovett Lowrey Matthews, D. R. McClatchey McDaniell Minge Mixon Moore, J. H. Murphy NeSmith, J. D.
JOURNAL OF THE HOUSE,
Nessmith, P. Newton, D. L. Odom Piekard Rainey Roach Rowland Rush Russell Simkins Smith, A. B. Smith, G. L. II Smith, J. R.
Smith, V. T. Snellings Spillers Starnes Stovall Taylor Townsend Underwood Watkins Webb Westlake Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 115. By Senator Kilpatrick of the 44th:
A Bill to be entitled an Act to amend Code Section 59-203 relating to the drawing of names of persons to serve as jurors so as to change the maximum number of names that may be drawn; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Anderson Bagby Barber Barfield Bean Bennett Berry Blair Blalock Bowen Brackin Brown, M. P. Bryant
Busbee Byrd Carley Carnes Gates Clarke, H. G. Colwell Cook Crowe Dean DeLong Dixon Dollar Drew Duncan
Egan Elliott Evensen Farrar Funk Gaissert Gaynor Gignilliat Grahl Hamilton Harris, J. F. Harris, J. R. Hawkins Henderson Higginbotham
Hood Houston Howard Howell Hutchinson Jones, G. Paul Jordan, Ben C. Kiley Knapp Lambert Lambros Lane Lea, F. R. Lee, W. S. Levitas Lewis Lovell Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt
FRIDAY, FEBRUARY 18, 1966
2557
Mitchell Mixon Moore, Don C. Moore, J. H. Murphy Newton, A. S. Odom Otwell Overby Pafford Palmer Parker Parrish Peterson Phillips Powers Reid Richardson Ross Savage Sherman Shields Sims Smith, V. T. Smith, W. L. Snellings.
Spikes Stalnaker Steis Stewart Sullivan Sweat Thomas Thompson, A. W. Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Ware Watson Wells Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Those not voting were Messrs.:
Alexander Alien Bedgood Black Brantley Brinkley Brown, B. D. Brown, C. Caldwell Carr Chandler Clark, J. T. Collins, J. F. Collins, M. Conger Conner Cox Dailey Daugherty Davis Dickinson Dillon Dorminy Doster
Etheridge Fleming Floyd Fulford Gary Grier Hadaway Hale Harrell Harrington Harris, R. W. Harrison Herndon Hill Holder Hull Irvin Johnson, A. S. Dr. Johnson, B. Jones, C. M. Jones, M. Jordan, W. H. Knight Land
Lee, W. J. (Bill) Leonard Longino Lovett Lowrey Maddox McClatchey Minge NeSmith, J. D. Nessmith, P. Newton, D. L. Oglesby Paris Pickard Rainey Reaves Roach Rowland Rush Russell Simkins Smith, A. B. Smith, G. L. II Smith, J. R.
2558
Snow Spillers Starnes Story
JOURNAL OF THE HOUSE,
Stovall Taylor Thompson, R. Underwood
Watkins Webb Mr. Speaker
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 54. By Senator Wesberry of the 37th:
A Bill to be entitled an Act to amend an Act relating to the inspection of public records; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alexander Barber Bean Carley Clarke, H. G. Clark, J. T. Cook Duncan Farrar Grahl Hamilton Harris, J. F. Harris, J. R.
Hawkins Hood Howell Jones, M. Kiley Knapp Lea, P. R. Levitas Malone Moore, J. H. Murphy Palmer Peterson
Richardson Sims Spikes Thompson, A. W. Thompson, R. Tucker Tye Vaughn, C. R. Walling Williams, W. M. Wood
Those voting in the negative were Messrs.:
Alien Anderson Barfield Bennett Berry Blair Bowen Brackin Bryant
Byrd Collins, J. F. Collins, M. Colwell Crowe Dean DeLong Dickinson Dixon
Drew Elliott Evensen Fleming Funk Gaissert Gaynor Gignilliat Hadaway
FRIDAY, FEBRUARY 18, 1966
2559
Harrington Herndon Houston Hull Hutchinson Johnson, A. S. Dr. Jones, G. Paul Lambert Lee, W. S. Leonard Lowrey Marshall Matthews, C. Matthews, D. R. Mauldin McCracken Merritt Mitchell
Mixon Moore, Don C. NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Paris Parker Parrish Phillips Rainey Reaves Reid Ross
Rowland Russell Savage Sherman Smith, V. T. Snellings Starnes Steis Stewart Story Sullivan Sweat Vaughan, D. N. Watkins Watson Williams, G. J. Wilson, R. W.
Those not voting were Messrs.:
Abney Adams Bagby Bedgood Black Blalock Brantley Brinkley Brown, B. D. Brown, C. Brown, M. P. Busbee Caldwell Carnes Carr Gates Chandler Conger Conner Cox Dailey Daugherty Davis Dillon Dollar Dorminy Doster Egan Etheridge
Floyd Fulford Gary Grier Hale Harrell Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Irvin Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Knight Lambros Land Lane Lee, W. J. (Bill) Lewis Longino Lovell Lovett Maddox McClatchey
McDaniell Melton Minge Newton, D. L. Pickard Powers Roach Rush Shields Simkins Smith, A. B. Smith, G. L. II Smith, J. R. Smith, W. L. Snow Spillers Stalnaker Stovall Taylor Thomas Townsend Underwood Ware Webb Wells Westlake Wiggins Wilson, J. M. Mr. Speaker
On the passage of the Bill, the ayes were 37, nays 80.
2560
JOURNAL OF THE HOUSE,
The Bill, having failed to receive the requisite constitutional majority, was lost.
SR 80. By Senator Webb of the llth:
A Resolution to create the Air Pollution Study Committtee; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Adams Alexander Alien Anderson Barber Barfield Bean Bennett Berry Blair Blalock Bo wen Braekin Brinkley Bryant Busbee Byrd Carley Games Gates Clarke, H. G. Clark, J. T. Colwell Cook Crowe Dean DeLong Dickinson Dillon Dixon Dorminy Drew
Duncan Egan Elliott Farrar Funk Gaissert Gaynor Gignilliat Grahl Hamilton Harrington Harris, J. F. Harris, J. R. Harrison Hawkins Henderson Hood Houston Howard Howell Hull Irvin Johnson, A. S. Dr. Johnson, B. Jones, G. Paul Jones, M. Jordan, W. H. Kiley Knapp Lambert Lambros Lane Lea, F. R.
Lee, W. S. Leonard Lewis Longino Lovell Lowrey Maddox Malone Marshall Matthews, C. Matthews, D. R. Mauldin McDaniell Melton Merritt Mixon Moore, Don C. Moore, J. H. Murphy Newton, A. S. Odom Oglesby Otwell Overby Pafford Palmer Paris Parker Parrish Phillips Powers Rainey Reid
Richardson Ross Rowland Russell Savage Sherman Sims Simkins Smith, J. R. Smith, V. T. Smith, W. L. Snellings Snow
FRIDAY, FEBRUARY 18, 1966
2561
Spikes Starnes Steis Stewart Story Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Townsend Tucker Tye
Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W.
Voting in the negative was Mr. Fleming.
Those not voting were Messrs.:
Bagby Bedgood Black Brantley Brown, B. D. Brown, C. Brown, M. P. Caldwell Carr Chandler Collins, J. F. Collins, M. Conger Conner Cox Dailey Daugherty Davis Dollar Doster Etheridge Evensen
Floyd Fulford Gary Grier Hadaway Hale Harrell Harris, R. W. Herndon Higginbotham Hill Holder Hutchinson Jones, C. M. Jordan, Ben C. Knight Land Lee, W. J. (Bill) Le vitas Lovett McClatchey McCraeken
Minge Mitchell NeSmith, J. D. Nessmith, P. Newton, D. L. Peterson Pickard Reaves Roach Rush Shields Smith, A. B. Smith, G. L. II Spillers Stalnaker Stovall Taylor Webb Westlake Wood Mr. Speaker
On the adoption of the Resolution, the ayes were 138, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
2562
JOURNAL OF THE HOUSE,
HR 287-650. By Messrs. McCracken of the 49th, Phillips of the 41st, Sherman and DeLong of the 105th and others:
A Resolution creating the Rivers and Harbors Development Commission of the State of Georgia; and for other purposes.
The following Senate amendments were read:
Senator Smith of the 18th moves to amend HR 287-650 by adding at the end:
"Provided that the cost incurred by any of the above agree ments and contracts shall be paid from funds of the Georgia Ports Authority."
Senator Carter of the 14th moves to amend HR 287-650 by adding at the end:
"No pay or emoluments shall be received by the members for service on this Commission."
Mr. Richardson of the 116th 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.:
Adams Alexander Bean Bowen Brown, B. D. Brown, M. P. Carnes DeLong Dillon Dollar Doster Drew Egan Even sen Farrar Fleming Gaynor Gignilliat Grier
Hale Hawkins Henderson Higginbotham Hood Hull Hutchinson Johnson, A. S. Dr. Kiley Knapp Lambros Lea, F. R. Lee, W. S. Levitas Maddox McDaniell Odom Oglesby Palmer
Parrish Peterson Powers Reid Richardson Ross Sherman Simkins Smith, V. T. Smith, W. L. Snow Stalnaker Town send Tucker Tye Underwood Watkins Westlake Williams, W. M.
FRIDAY, FEBRUARY 18, 1966
2563
Those voting in the negative were Messrs.:
Abney Alien Anderson Bagby Barber Barfield Bennett Berry Blalock Brackin Byrd Carley Chandler Clarke, H. G. Colwell Cook Crowe Davis Dean Dixon Dorminy Elliott Funk Gary Harrell Harrington Harris, J. F. Harris, J. R.
Harrison Herndon Houston Howell Irvin Jones, C. M. Jordan, Ben C. Knight Lambert Lee, W. J. (Bill) Leonard Lewis Longino Lovell Malone Marshall Matthews, C. Matthews, D. R. McCracken Merritt Minge Mitchell Mixon Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L.
Overby Pafford Paris Parker Phillips Reaves Rowland Rush Russell Savage Shields Smith, G. L. II Snellings Spikes Starnes Steis Stewart Story Sullivan Sweat Thomas Thompson, A. W. Watson Wells Williams, G. J. Wood
Those not voting were Messrs.:
Bedgood Black Blair Brantley Brinkley Brown, C. Bryant Busbee Caldwell Carr Gates Clark, J. T. Collins, J. F. Collins, M. Conger Conner Cox Dailey Daugherty Dickinson Duncan Etheridge
Floyd Fulford Gaissert Grahl Hadaway Hamilton Harris, R. W. Hill Holder Howard Johnson, B. Jones, G. Paul Jones, M. Jordan, W. H. Land Lane Lovett Lowrey
Mauldin McClatchey Melton Moore, Don C.
Nessmith, P. Otwell Pickard Rainey Roach Sims Smith, A. B. Smith, J. R. Spillers Stovall Taylor Thompson, R. Vaughan, D. N. Vaughn, C. R. Walling Ware Webb
Wiggins Wilson, J. M. Wilson, R. W. Mr. Speaker
2564
JOURNAL OF THE HOUSE,
On the motion to agree, the ayes were 57, nays 82.
The Senate amendments to HR 287-650 were disagreed to.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 369. By Mr. Lovell of the 6th:
A Bill to be entitled an Act to amend an Act superseding and consolidat ing the laws relating to the State Game and Pish Commission, so as to authorize the appointment of deputy wildlife rangers for the State-atlarge; and for other purposes.
The following report of the Committee of Conference was read:
REPORT OF COMMITTEE OF CONFERENCE ON HB 369
Mr. President:
Mr. Speaker:
The Committee of Conference appointed on HB 369 respectfully reports as follows:
(1) The Committee recommends that the House recede from its position relative to HB 369, as amended.
(2) The Committee recommends that the Senate recede from its position relative to HB 369, as amended.
(3) The Committee recommends that the attached substitute to HB 369 be adopted by both the Senate and the House of Representatives.
This 18th day of February, 1966.
ON BEHALF OF THE SENATE: ROBERT K. BALLEW Senator, 50th District ALBERT F. MOORE Senator, 31st District BROOKS PENNINGTON, JR. Senator, 45th District
FRIDAY, FEBRUARY 18, 1966
2565
ON BEHALF OF THE HOUSE OF REPRESENTATIVES:
KENT DICKINSON Representative, 27th District
JOHNNIE L. CALDWELL Representative, 51st District
FULTON LOVELL Representative, 6th District
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, so as to authorize the State Game and Fish Commission to appoint not more than five hundred deputy wildlife rangers of the State-at-large; to provide that no honorary deputy wildlife rangers may be appointed without actual duties relating to the preservation of wildlife; to authorize deputy wild life rangers of the State-at-large to enforce the game and fish laws of this State and the rules and regulations of the Commission; to provide that deputy wildlife rangers of the State-at-large shall receive no compensation or reimbursement for expenses for their services; to authorize the Commission to promulgate rules and regulations as to oath of office, badge and identity of authority, and such other matters as may be necessary to carry out the provisions of this Act; to au thorize the Commission to prescribe the uniform of deputy wildlife rangers of the State-at-large; to provide that the Commission shall furnish each deputy wildlife ranger of the State-at-large with a num bered badge; to provide for the keeping of permanent records by the Commission pertaining to the issuance of numbered badges; to provide for bonds; 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, super seding 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, is hereby amended by inserting between Section 13 and Section 14 a new Section to be designated Section 13A, to read as follows:
"Section 13A. Deputy Wildlife Rangers. The State Game and Fish Commission is hereby authorized to appoint not more than five hundred wildlife rangers of the State-at-large who shall have the power, authority and responsibility to enforce the game and fish laws of this State and the rules and regulations of the Com mission. No honorary deputy wildlife rangers may be appointed without actual duties relating to the preservation of wildlife. Deputy wildlife rangers of the State-at-large shall receive no compensation or reimbursement for expenses for their services. The Commission shall promulgate rules and regulations as to oath of office, badge
2566
JOURNAL OF THE HOUSE,
and identity of authority, and such other matters as may be neces sary to carry out the provisions of this Act. The Commission shall prescribe the uniform which shall be worn by deputy wildlife rangers of the State-at-large and the Commission shall furnish each deputy wildlife ranger of the State-at-large with a numbered badge. The Commission shall maintain permanent records pertaining to the issuance of such numbered badges to deputy wildlife rangers of the State-at-large. The Commission is hereby authorized to appoint such number of deputy wildlife rangers of the State-at-large as may be necessary to carry out the duties assigned to them by the Com mission or the director, all of whom shall serve at the pleasure of the Commission."
Section 2. Said Act is further amended by inserting between Sec tion 13A and Section 14 a new Section to be designated Section 13B to read as follows:
"13B. Each deputy wildlife ranger shall personally secure a bond of not less than $5,000.00 from a surety company licensed to transact business in the State of Georgia conditioned upon the faithful performance of his duties, payable to the Director of the State Game and Pish Commission."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Dickinson of the 27th moved that the House adopt the report of the Committee of Conference on HB 369.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Adams Alien Anderson Bagby Barber Bean Berry Blair Blalock Brackin Brantley Brown, B. D. Brown, M. P. Busbee Byrd Carley Carnes
Gates Chandler Clarke, H. G. Collins, J. F. Colwell Cook Crowe Davis Dean DeLong Dickinson Dillon Dixon Drew Duncan Elliott Etheridge Evensen
Fleming Gary Gaynor Gignilliat Hadaway Hale Harrell Harris, J. R. Hawkins Henderson Herndon Higginbotham Hood Houston Howard Howell Hutchinson Irvin
FRIDAY, FEBRUARY 18, 1966
2567
Johnson, A. S. Dr. Jordan, Ben C. Kiley Knapp Lane Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Lovell Lowrey Malone Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Merritt Minge Mitchell Mixon
Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Palmer Paris Parker Parrish Phillips Powers Reaves Reid Richardson Rowland Savage Sherman Shields Sims Smith, A. B.
Smith, J. R. Snellings Snow Starnes Steis Stewart Sweat Thomas Thompson, A. W. Thompson, R. Tucker Tye Underwood Vaughan, D. N. Watson Westlake Wiggins Williams, G. J. Williams, W. M. Wilson, J. M. Wilson, R. W. Wood
Voting in the negative was Mr. Ross.
Those not voting were Messrs.:
Alexander Barfield Bedgood Bennett Black Bowen Brinkley Brown, C. Bryant Caldwell Carr Clark, J. T. Collins, M. Conger Conner Cox Dailey Daugherty Dollar Dorminy Doster Egan Farrar Floyd Fulford
Funk Gaissert Grahl Grier Hamilton Harrington Harris, J. F. Harris, R. W. Harrison Hill Holder Hull Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Knight Lambert Lambros Land Lea, F. R. Leonard Longino Lovett
Maddox McClatchey Melton Moore, Don C. Oglesby Otwell Overby Pafford Peterson Pickard Rainey Roach Rush Russell Simkins Smith, G. L. II Smith, V. T. Smith, W. L. Spikes Spillers Stalnaker Story Stovall Sullivan Taylor
2568
Townsend Vaughn, C. R. Walling
JOURNAL OF THE HOUSE,
Ware Watkins Webb
Wells Mr. Speaker
On the motion, the ayes were 120, nays 1.
The report of the Committee of Conference on HB 369 was adopted.
The following Resolutions of the House and Senate were read and adopted:
SR 65. By Senator Holloway of the 12th:
A RESOLUTION
Creating an interim committee to study all matters relating to the feasibility of establishing a state liaison office in Washington, D. C.; and for other purposes.
WHEREAS, several states have established state liaison offices in Washington, D. C., which has resulted in substantial economic bene fits to such states; and
WHEREAS, the main purpose of establishing a state liaison office in Washington is to foster, enhance and protect the economic interests of the state it represents; and
WHEREAS, such state liaison offices serve many functions in coordinating various programs and aiding the industry of their respec tive states in securing governmental contracts and otherwise promoting the industrial development and business growth of such states; and
WHEREAS, the experience of states which have established such offices in Washington indicates that the benefits received far exceed the costs to such states.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a joint legis lative interim committee to study all matters relating to the feasibility of establishing a state liaison office in Washington, D. C. Said com mittee shall be composed of five members of the Senate to be appointed by the President of the Senate, and five members of the House of Repre sentatives to be appointed by the Speaker of the House. By way of illus tration and not of limitation, said committee shall examine the types of offices which have been established by other states, the scope of activi ties of such offices, the staffing of such offices and the costs involved in the operation of such offices.
FRIDAY, FEBRUARY 18, 1966
2569
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 commit tee shall receive the same compensation, per diem, expenses and allow ances authorized for legislative members of interim legislative com mittees. The members of the committee shall receive such compensa tion, per diem, expenses and allowances from the funds appropriated to or available to the legislative branch of the government but shall receive the same for not more than ten (10) days. Any other funds necessary to carry out the provisions of this resolution shall come from funds appropriated to or available to the legislative branch of government. Said committee shall make a report of its findings and recommendations, which report shall be accompanied by such proposed legislation as might be recommended by said committee on or before December 1, 1966, on which date the committee shall stand abolished.
SR 86. By Senators Lee of the 47th and Minish of the 48th:
A RESOLUTION
Commending the members of the Governor's Commission on Ef ficiency and Improvement in Government; and for other purposes.
WHEREAS, in 1963, the Governor's Commission on Efficiency and Improvement in Government was created and charged with the difficult task of providing recommendations and conducting studies in order to provide for a more efficient and economical state government; and
WHEREAS, there were appointed to said Commission outstanding citizens of the State of Georgia; and
WHEREAS, the distinguished members of the Commission devoted many long hours of their valuable time to the work of the Commission; and
WHEREAS, through the valuable recommendations and studies conducted by the Commission, many far-reaching recommendations for improvements in state government have been made; and
WHEREAS, for many years to come the citizens of the State of Georgia will be indebted to these dedicated and selfless men; and
WHEREAS, the members of the Governor's Commission on Effi ciency and Improvement in Government are: William R. Bowdoin, Chairman, Atlanta; Robert J. Marshburn, Vice-Chairman, Homer (de ceased) ; W. Clair Harris, Winder; Julian T. Hightower, Thomaston; Alfred W. Jones, Sea Island; John B. O'Neal III, Elberton; William P. Simmons, Macon; and Dr. Morris W. H. Collins, Jr., Athens, Executive Director and Secretary.
2570
JOURNAL OF THE HOUSE,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby express its deep est and sincerest appreciation to each and every member of the Gov ernor's Commission on Efficiency and Improvement in Government for the many, many hours of dedicated service by these outstanding and distinguished citizens of the State of Georgia.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and instructed to transmit an appropriate copy of this Resolution to each and every member of the Governor's Commis sion on Efficiency and Improvement in Government.
SR 88. By Senator Kidd of the 25th:
A RESOLUTION
Commending the Honorable G. M. Kirk; and for other purposes.
WHEREAS, G. M. Kirk, a long time and outstanding citizen of the State of Georgia has made many contributions to the welfare of the people of the State of Georgia; and
WHEREAS, for many years, Honorable G. M. Kirk has been in strumental in the organization and work of the Georgia Worker's Asso ciation; and
WHEREAS, for approximately thirty years Mr. Kirk has been ac tive in the field of labor, having devised the "Kirk Plan" whereby espe cially during the economically troubled periods of the depression, he devised a plan whereby through work-sharing many of the problems created by the vast numbers of the unemployed were alleviated; and
WHEREAS, through his untiring efforts in the field of productive labor endeavors he has gained widespread recognition for his knowledge and intriguing ideas in this vast and complicated field; and
WHEREAS, in recent years, Honorable G. M. Kirk has devoted many long and selfless hours to the field of traffic safety in an en deavor to adopt an over-all traffic safety program whereby the tragic loss of life and limb on our state highways might be reduced; and
WHEREAS, principally through his work with the American Le gion, Honorable G. M. Kirk has continuously labored to bring to the ears of the public the message and crying need for an improvement in our traffic safety program; and
WHEREAS, it is only befitting and proper that this body recognize the many fine accomplishments and selfless hours which have been devoted to public service without any request or desire for any reward by Mr. Kirk other than his desire to labor for the betterment of the people of the State of Georgia.
FRIDAY, FEBRUARY 18, 1966
2571
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby commend and congratulate the Honorable G. M. Kirk for his many outstanding con tributions to the people of the State of Georgia and for his fine and dedicated public service.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and instructed to transmit an appropriate copy of this resolution to the Honorable G. M. Kirk.
SR 105. By Senators Maclntyre of the 40th, Coggin of the 35th, Thompson of the 34th and Johnson of the 38th:
A RESOLUTION
Commending Major Charles A. Beckwith; and for other purposes.
WHEREAS, Major Charles A. Beckwith has been seriously wounded in Viet Nam; and
WHEREAS, Major Beckwith is a native of Atlanta, Georgia, graduating from Brown High School in Atlanta, Georgia, and attend ing the University of Georgia where he was an outstanding football player being first string guard on the football team; and
WHEREAS, his wife Katherine Gate of Birmingham, Michigan was the daughter of an Atlantan, Julie Maclntyre, and Katherine her self was a graduate of the University of Georgia; and
WHEREAS, as a career soldier, Major Beckwith has risen from Second Lieutenant to Major and was in command of a Special Force Unit known as the "Green Berets" and described by Special Force Commander for Viet Nam, Colonel Robert McKean, as "the toughest hard noses of the Green Beret Unit"; and
WHEREAS, as Major Beckwith was severely wounded on January 29, 1966, when his unit was almost wiped out by a vastly numerical superior force; and
WHEREAS, he is now recovering from his wounds.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body of the sovereign State of Georgia expresses its appreciation for his courage and bravery and all those qualities that make him the hardest nose of the hard noses and extends to him, his wife, Katherine, and his daughters, Constance and Peggy, our hope for a speedy recovery. We are proud to be a fellow citizen of Major Beckwith.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to Major Charles A. Beckwith.
2572
JOURNAL OF THE HOUSE,
HR 378. By Mr. Watkins of the 9th:
A RESOLUTION
Recognizing that most outstanding silk-stocking barrister in the House of Representatives; and for other purposes.
WHEREAS, the State of Georgia has in its House of Representa tives an outstanding young attorney, counsellor, barrister and lawyer; and
WHEREAS, on the eighth day of August, 1926, there was born in Savannah, Georgia, a precocious child with an overwhelming thirst for knowledge; and
WHEREAS, that same child became an aggressive child, boy and man with an avid, independent mind, who enrolled at Yale and received his A.B. Degree in 1950, and then matriculated at Harvard Law School, where he received his LL.B. Degree in 1955; and
WHEREAS, he was admitted to practice law in both the State of Georgia in 1955, and in Washington, D. C. in 1961, and who is now a member of the Georgia, American and Atlanta Bar associations, and the exclusive Lawyers Club of Atlanta, and who is the proud father of six children.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that Michael J. Egan, Jr., be and is hereby designated the official title of the "Silk-Stocking Lawyer of the Sovereign State of Georgia for the year 1966, A. D."
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 Michael J. Egan, Jr.
HR 379. By Messrs. Conger of the 89th, Collins of the 62nd, Jones of the 76th and Hull of the 104th:
A RESOLUTION
Creating an interim study committee on banking laws; and for other purposes.
WHEREAS, many banking laws have been enacted during this present session of the General Assembly; and
WHEREAS, a completely new Act regulating private banks has been added to the banking laws of the State of Georgia; and
WHEREAS, the addition of this new banking Act has had the ef fect of placing the State Banking Department in the position of admin istering three different banking Act; and
FRIDAY, FEBRUARY 18, 1966
2573
WHEREAS, during this session of the General Assembly, it has come to the attention of the members thereof that the banking laws of the State of Georgia need to be revised and modernized in various respects.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be composed of six (6) members of the House of Repre sentatives, to be appointed by the Speaker thereof. The committee shall be authorized to investigate the various banking laws of this state. The committee shall make its report and recommendations back to the 1967 session of the General Assembly on or before December 1, 1966, at which time it shall stand abolished. The committee shall be author ized to meet for not in excess of twenty (20) days. The members 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 and available to the legislative branch of government.
HR 380. By Messrs. Carley and Malone of the 117th, Brown of the 120th, Evensen of the 119th and others:
A RESOLUTION
Commending Honorable Jack Brinkley, Representative from the 112th District; and for other purposes.
WHEREAS, Representative Jack Brinkley has served as chairman of the Local Affairs Committee of this body for this session; and
WHEREAS, as in all of his endeavors, without publicity or no toriety, he has filled this position with the dedication and devotion to duty and conscientiousness that mark him as one of our most capable legislators; and
WHEREAS, every member of this body has received his undivided attention and assistance in regard to the passage of legislation coming before his committee and as a result of his efforts, the burdens asso ciated with the service of each Representative have been lightened con siderably.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body wishes to commend and recognize the service, unselfish devotion and superlative contributions of Jack Brinkley to this body, and to say that it would be entirely useless to attempt to enumerate such service or to describe the contributions of Jack Brinkley, and would be so unlike him that it would only embarrass him; however, at the risk of such embarrassment to Jack, this body feels compelled to say in grateful appreciation, "Well Done".
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HR 381. By Messrs. Jones of the 112th and Matthews of the 29th:
A RESOLUTION
Commending Coach Vince Dooley; and for other purposes.
WHEREAS, the University of Oklahoma attempted to woo Coach Vince Dooley from the University of Georgia last winter in a shameless and brazen manner; and
WHEREAS, Coach Dooley was tempted with offers of money, cat tle, oil wells, swimming pools, instant TV stardom, and many other fringe benefits of the rich midwest; and
WHEREAS, Coach Dooley was torn between his love for the Red and Black and his appreciation of the powers of the long green and the comforts and luxuries associated therewith; and
WHEREAS, a man of less loyalty and fortitude could not have withstood such enticing offers; and
WHEREAS, because of his avowed dedication to the University of Georgia Bulldogs, alumni and fans, the long green and other fringe benefits were unable to prevail, and the Red and Black enjoyed its finest victory by retaining the services of the most outstanding young coach in the United States.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Coach Vince Dooley for his unquestioned loyalty to the University of Georgia and congratulates him for his remarkable achievements since becoming Head Coach of the Georgia Bulldogs.
BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to forward appropriate copies of this Reso lution to Coach Vince Dooley, President of the University of Georgia, and President of the University of Georgia Alumni Association and Athletic Director Joe Eaves.
HR 382. By Messrs. Thompson of the lllth, Berry of the 110th and Pickard and Jones of the 112th:
A RESOLUTION
Commending Harry "Eagle Eye" Stivarius; and for other purposes.
WHEREAS, Harry "Eagle Eye" Stivarius is an outstanding citi zen and expert mechanic in the City of Columbus, Georgia; and
WHEREAS, "Eagle Eye" has been a conscientious follower of the political scene for many years and, as a result of his keen insight into
FRIDAY, FEBRUARY 18, 1966
2575
the issues, he has gained the nickname which so aptly describes his aptitude for protecting the interests of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Harry "Eagle Eye" Stivarious be com mended for his outstanding efforts in protecting the interests of the citizens of Georgia through his keen observation of the political battle fields.
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 Harry "Eagle Eye" Stivarius.
HR 383. By Messrs. Steis of the 100th, Bagby of the 21st and Wood of the 16th:
A RESOLUTION
Expressing appreciation to The American Legion and The Ameri can Legion Auxiliary for their program known as "Operation Show Your Colors"; and for other purposes.
WHEREAS, in November 1965 The American Legion and The American Legion Auxiliary through their component Departments, Dis tricts, Posts and Units initiated a program known as "Operation Show Your Colors"; and
WHEREAS, said program was initiated for the purpose of provid ing the citizens of the United States of America a method of expressing their support of the Americans serving the cause of freedom in Viet Nam; and
WHEREAS, pursuant to said program several million small metal American flags suitable to be worn on the person have been distributed; and
WHEREAS, with each flag distributed a printed card bearing the following:
"Americans are serving the cause of freedom in Viet Nam. I wear my country's flag to show that I support their efforts.", was furnished; and
WHEREAS, said program has received nationwide publicity and has been overwhelmingly accepted by the American public; and
WHEREAS, this patriotic program by The American Legion and The American Legion Auxiliary was an expression of confidence and support to all Americans who are serving the cause of freedom, by Americans who themselves had served the cause of freedom in previous wars and engagements.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its apprecia tion to The American Legion, The American Legion Auxiliary and their
2576
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component Departments, Districts, Posts and Units for the program known as "Operation Show Your Colors".
BE IT FURTHER RESOLVED that this body does hereby approve said program and urge all the citizens of the State of Georgia to participate therein.
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 with the seal of the House of Repre sentatives affixed thereto to the National Commander of The American Legion, to the Department Commander of The American Legion, De partment of Georgia, and to such others as the authors of this Resolu tion may designate.
HR 384. By Messrs. Wiggins of the 32nd, Clarke of the 45th, Smith of the 54th, Busbee of the 79th and others:
A RESOLUTION
Creating an interim legislative study committee to be known as the "House Workmen's Compensation Study Committee" for the purpose of studying the laws relative to Workmen's Compensation; and for other purposes.
WHEREAS, during the 1964 and 1965 regular sessions of the General Assembly several Bills were introduced proposing amendments to the laws of the State of Georgia relating to Workmen's Compensation (Code Title 114) ; and
WHEREAS, representatives of both labor and management indi cated that said laws should be amended but there exist differences of opinion relating to the amendments needed; and
WHEREAS, there is a need for a forum where said differences of opinion can be reconciled and needed legislation prepared; and
WHEREAS, adequate Workmen's Compensation laws are of the utmost importance to the welfare and economy of the citizens of this State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim legisla tive committee to be known as the "House Workmen's Compensation Study Committee" to be composed of five members to be appointed by the Speaker of the House of Representatives as follows:
(1) Two members from the membership of the House of Repre sentatives,
(2) One member, a resident of the State of Georgia, representing labor,
FRIDAY, FEBRUARY 18, 1966
2577
(3) One member, a resident of the State of Georgia, representing management, and
(4) One member, a citizen of the State of Georgia, representing the public at large.
BE IT FURTHER RESOLVED that the committee shall be au thorized :
(1) To make a comprehensive study of the Workmen's Compensa tion laws of the State of Georgia,
(2) To recommend needed legislation, (3) To hold public hearings,
(4) To employ court reporters, secretarial assistants and profes sional advisors, the compensation of which shall be fixed by the legis lative members of the committee, and
(5) To perform such others duties and functions as may be neces sary to effectuate the purposes of this Resolution.
BE IT FURTHER RESOLVED that the legislative members of the committee shall receive the compensation, per diem, expenses and allow ances authorized for interim legislative committees but shall receive the same for not more than fifteen days per member. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated or available to the legislative branch of government.
BE IT FURTHER RESOLVED that the committee shall make a report of its studies and recommendations as set forth in this Resolution on or before December 1, 1966, on which date the committee shall stand abolished.
HR 385. By Messrs. Fleming of the 106th and Conger of the 89th:
A RESOLUTION
Commending Honorable James M. Hull, Jr.; and for other purposes.
WHEREAS, the distinguished and outstanding Representative from the 104th District, has announced his intentions not to seek reelection to the Georgia House of Representatives; and
WHEREAS, the present session will be the last session which this outstanding citizen of the State of Georgia will serve as an elected representative from Richmond County; and
WHEREAS, for many years the Honorable James Hull has devoted many long hours of selfless service in his never ending attempts to provide the people of the State of Georgia with a high degree of public service; and
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WHEREAS, while a member of the Georgia House of Representa tives, Jim Hull has endeared himself to the hearts of his colleagues for his many acts of kindness and cooperation; and
WHEREAS, the many contributions which Jim Hull has made will be sorely missed upon his retirement from this body.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and sincerest regrets that the Honorable James M. Hull, Jr., will no longer be present with the members of this body and does hereby com mend and congratulate this distinguished and outstanding citizen of the State of Georgia for his many contributions to public service to the people of this state.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the Honorable James M. Hull, Jr.
HR 386. By Messrs. Hale of the 1st, Mixon of the 81st, Odom and Lee of the 79th, Snow and Abney of the 1st, Watkins of the 9th and many others:
A RESOLUTION
Wishing a speedy recovery for Honorable James H. "Sloppy" Floyd; and for other purposes.
WHEREAS, Honorable James H. "Sloppy" Floyd is ill and hos pitalized; and
WHEREAS, "Sloppy's" illness has required his hospitalization at Emory University Hospital, thus preventing him from being with the members of this body on closing day; and
WHEREAS, it is the wish and desire of each and every member of this body to extend to "Sloppy" our heartfelt and sincerest wishes for a speedy recovery from his present illness.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does express to Honorable James H. "Sloppy" Floyd its wish and desire that he experience a rapid and full recovery in order that he might return to his usual active life as soon as possible.
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 Honorable James H. "Sloppy" Floyd.
HR 387. By Mr. Smith of the 90th:
A RESOLUTION
Congratulating Lenny Snow; and for other purposes.
WHEREAS, Lenny Snow, outstanding back for the Georgia Tech Yellow Jackets Football Team, finished a most successful season by
FRIDAY, FEBRUARY 18, 1966
2579
being voted the Outstanding Player in the Gator Bowl Game in which Georgia Tech triumphed over Texas Tech; and
WHEREAS, his achievements are all the more remarkable in view of the fact that he is only a sophomore.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex tended to Lenny Snow upon his election as the Outstanding Player in the Gator Bowl Game, and best wishes are extended for his future success.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Lenny Snow.
HR 388. By Mr. Smith of the 90th:
A RESOLUTION
Congratulating George Patton; and for other purposes.
WHEREAS, George Patton, first string defensive tackle for the University of Georgia Football Team, continued his outstanding play during the 1965 season contributing immeasurably to the success of the Bulldogs during their winning season; and
WHEREAS, although only a junior he was selected on a number of All American Teams; and
WHEREAS, his outstanding ability played a large part in the defeat of Alabama, the Nation's No. 1 team.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex tended to George Patton for his selection as an All American, and best wishes are extended for his future success.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to George Patton.
HR 389. By Mr. Smith of the 90th:
A RESOLUTION
Commending Coach Bobby Dodd; and for other purposes.
WHEREAS, Coach Bobby Dodd, the Dean of Southern Football Coaches, has achieved an outstanding record as Head Coach of Georgia Tech; and
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JOURNAL OF THE HOUSE,
WHEREAS, the 1965 season was no exception to his winning ways, particularly in view of the fact that it was capped by a magnificent triumph over Texas Tech in the Gator Bowl Game; and
WHEREAS, he instills in his players all the high ideals of charac ter which are often overlooked by critics of football.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex tended to Coach Bobby Dodd for his long and successful career as Head Coach at Georgia Tech, and best wishes are hereby extended for his future success.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Coach Bobby Dodd.
HR 390. By Messrs. Smith of the 90th and Hawkins of the 139th:
A RESOLUTION
Expressing sympathy of the untimely passing of Mr. C. F. Rich ards; and for other purposes.
WHEREAS, Mr. C. F. Richards at the age of 99 years passed away unexpectedly on February 18, 1966; and
WHEREAS, Mr. Richards was an outstanding educator, having taught in the public schools of Georgia for over 50 years, instilling in his students a love of knowledge that continues and will continue in the future, including the present Speaker of the House; and
WHEREAS, Mr. Richards, through his contributions to the State, was an outstanding exponent and one of the founders of the Vocational Agricultural Program; and
WHEREAS, Mr. Richards was the beloved grandfather-in-law of another member of this body, Herb C. Hawkins, Jr.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body wishes to extend to the family of Mr. C. F. Richards its deepest sympathy and condolences for the un timely passing of Mr. Richards and that this body wishes to recognize that the numerous contributions of Mr. Richards to his fellow citizens of Georgia have assisted this State in occupying the position of promi nence which it now holds and that this body, as well as the family and many friends and admirers of Mr. Richards, will sorely miss his assistance.
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 the family of Mr. C. F. Richards.
FRIDAY, FEBRUARY 18, 1966
2581
HR 391. By Mr. Brantley of the 63rd:
A RESOLUTION
Expressing regrets at the passing of Mr. S. G. Tos; and for other purposes.
WHEREAS, Mr. S. G. Tos, age 80 years, of Evans County, Georgia, departed this life on January 30, 1966; and
WHEREAS, he is survived by two daughters, Mrs. Furber (Ethel) Mincey and Miss Irene Tos; and
WHEREAS, for many years Mr. Tos operated a bakery in Claxton, Georgia; and
WHEREAS, at the time of his death he owned several movie theatres; and
WHEREAS, Mr. Tos originated the recipe for the now world famous Claxton fruitcakes; and
WHEREAS, Mr. Tos immigrated to the United States from Italy and became very successful in business and actively participated in the religious affairs of the community; and
WHEREAS, Mr. Tos was a member of the First Methodist Church of Claxton, Georgia; and
WHEREAS, "S. G.", as he was affectionately known by those who knew him, was loved and respected by the citizens of Evans County.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the deepest regrets of this body are hereby extended in the passing of Mr. S. G. Tos and the heartfelt sympathy of this body is hereby extended to the members of his family.
BE IT FURTHER RESOLVED that as a token of our common grief the Clerk of the House of Representatives is hereby instructed to transmit an appropriate copy of this Resolution with the seal of the House of Representatives affixed thereto to Mrs. Furber (Ethel) Mincey and Miss Irene Tos.
HR 392. By Messrs. Chandler and Harrington of the 47th:
A RESOLUTION
Creating an interim legislative committee to study the feasibility of creating within the Department of Public Health an autonomous Division of Mental Health or a separate Department of Mental Health; and for other purposes.
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WHEREAS, a Bill was introduced in the Senate of the 1966 Regu lar Session of the General Assembly of Georgia proposing to create within the Department of Public Health an autonomous Division of Mental Health; and
WHEREAS, said Bill was favorably reported by the Health and Welfare Committee of the Senate and passed the Senate; and
WHEREAS, said Bill was favorably reported by the Rules Com mittee of the House of Representatives but was not placed on the calendar for consideration by the members of the House of Representa tives; and
WHEREAS, many members of the House of Representatives have expressed their approval of the purposes of said Bill; and
WHEREAS, many citizens of this State have expressed their ap proval of said Bill; and
WHEREAS, a study should be made relative to the feasibility of creating within the Department of Public Health an autonomous Divi sion of Mental Health or to create a separate Department of Mental Health.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim legisla tive committee for the purpose of studying the feasibility of creating within the Department of Public Health an autonomous Division of Mental Health or a separate Department of Mental Health. The com mittee shall be composed of five members of the House of Representa tives to be appointed by the Speaker of the House of Representatives.
BE IT FURTHER RESOLVED that the committee shall be author ized to study the feasibility of creating within the Department of Pub lic Health an autonomous Division of Mental Health or a separate De partment of Mental Health, to employ court reporters, secretarial assist ants and professional advisors, their compensation to be fixed by the committee, and to perform such other duties and functions as may be necessary to effectuate the purposes of this Resolution.
BE IT FURTHER RESOLVED that the legislative members of the committee shall receive the compensation, per diem, expenses and allowances authorized for interim legislative committees but shall re ceive the same for not more than fifteen days per member. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated or available to the legislative branch of gov ernment.
BE IT FURTHER RESOLVED that the committee shall make a report of its study and recommendations as set forth in this Resolution on or before December 1, 1966, on which date the committee shall stand abolished.
FRIDAY, FEBRUARY 18, 1966
2583
HR 393. By Messrs. Barber of the 24th, Rainey of the 69th, Newton and Mat thews of the 94th, Sullivan of the 95th, and others:
A RESOLUTION
Urging the State Board of Education to adopt minimum standards for all office and clerical personnel employed by any local unit of admin istration; and for other purposes.
WHEREAS, the local units of school administration in the State of Georgia employ certain personnel such as secretaries and accountants for which no minimum standards have been established; and
WHEREAS, the salaries paid such personnel in the various local systems vary considerably.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge the State Board of Education to establish minimum standards and salaries for clerical personnel employed in the elementary, high school and local school super intendents' offices and to pay all or a part thereof the minimum salary of all such personnel.
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 the Chairman and each member of the State Board of Education.
HR 394. By Mr. Smith of the 90th:
A RESOLUTION
Commending Coach Vince Dooley; and for other purposes.
WHEREAS, Coach Vince Dooley, Head Football Coach at the Uni versity of Georgia has achieved an outstanding record in his first two years as a head coach; and
WHEREAS, during his first season he had a winning season plus a victory in the Sun Bowl, and in his second year he achieved a winning season plus a victory over the Nation's No. 1 team, Alabama, and a victory over the Gator Bowl Champion, Georgia Tech; and
WHEREAS, he is a credit to the coaching profession, to the Uni versity of Georgia and the entire State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex tended to Coach Vince Dooley for his outstanding record in his first two seasons as Head Football Coach at the University of Georgia, and best wishes are extended for his future success.
2584
JOURNAL OF THE HOUSE,
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Reso lution to Coach Vince Dooley.
HR 395. By Messrs. Smith of the 3rd and Jones of the 109th:
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. L. 1964, Ex. Sess., p. 26, et seq.), is limited to fed eral, state and county primaries and elections and does not include municipal primaries and elections; and
WHEREAS, many problems exist concerning registration, voting and elections relative to the holding of municipal primaries and elec tions, and there are virtually no laws of general application regulating the various phases of municipal primaries and elections; and
WHEREAS, it is in the public interest that municipal primaries and elections be regulated in certain particulars by laws of general application.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Election Laws Study Committee" to be composed of five members of the House of Representatives and two members from the State at large, to be ap pointed by the Speaker. The members of the Committee who are to be named shall be so named within thirty days after the approval of this Resolution. In addition to the members so named, the Secretary of State and the Attorney General shall serve as ex officio members of said Committee.
Any 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.
The members shall meet 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 continue studies of election laws of this State and other states for the purpose of preparing statutes to regulate 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, and fix the compensation therefor. It is authorized to have its reports printed if
FRIDAY, FEBRUARY 18, 1966
2585
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 recom mendations to the 1967 Regular Session of the General Assembly on or before January 9, 1967, 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 ex penses and allowances authorized for members of interim legislative committees, except that no member from the State at large shall re ceive compensation, per diem expenses and allowances from more than one Election Laws Study Committee whether created by the House of Representatives or the Senate. 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 Commit tee. The Committee shall be authorized to meet for a total of ten days; provided, however, that upon request of the Governor and the approval of the Speaker of the House of Representatives, such additional time as will allow the Committee to complete the purposes of this Resolution, shall be authorized.
The funds necessary for the purposes of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the Government, and from any other available funds.
All laws and parts of laws in conflict herewith are hereby repealed.
HR 396. By Messrs. Rainey of the 69th, Chandler of the 47th, Brown of the 19th, Harrington of the 47th and Paris of the 23rd:
A RESOLUTION
Creating an interim committee to study all matters relating to the needs, facilities and administration of State institutions and properties; and for other purposes.
WHEREAS, a thorough investigation is needed to determine the needs of certain State institutions and to coordinate the activities of certain State institutions; and
WHEREAS, said study is also needed to evaluate the administra tion of State institutions and properties; and
WHEREAS, such a study has not been made by the General Assem bly in recent years.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim com-
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mittee to study all matters relating to the needs, facilities and adminis tration of State institutions and properties. Said committee shall be composed of ten members of the House of Representatives to be ap pointed by the Speaker. Said committee shall be authorized to inspect the premises of State institutions and properties and to discuss such State institutions and properties with the administrators thereof in order to determine present and future needs and coordinate the activities of such institutions. Said committee shall be authorized to make such studies and investigations as might be necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the purposes of this Resolution.
BE IT FURTHER RESOLVED that the members of the committee 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 twenty (20) days. The funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or available to the legislative branch of government. Said committee shall make a report of its findings and recommendations, which report shall be accompanied by such proposed legislation as might be recommended by said committee, on or before December 1, 1966, on which date said committee shall stand abolished.
HR 397. By Messrs. Newton of the 94th, Lowrey of the 13th and Marshall of the 39th:
A RESOLUTION
Commending and thanking the Georgia Poultry Federation, the Ex tension Service of the University of Georgia and the Georgia 4-H Club; and for other purposes.
WHEREAS, on Thursday, February 17, 1966, the Georgia Poultry Federation, the Extension Service of the University of Georgia and the Georgia 4-H Club combined their efforts to furnish, prepare and serve chicken dinners to the members of the General Assembly; and
WHEREAS, the members of the General Assembly realize that the Poultry industry is one of the most important business enterprises in this State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Georgia Poultry Federation for its outstanding accomplishments and achieve ments on behalf of the Poultry industry in this State and does hereby extend its appreciation to the Georgia Poultry Federation, the Exten sion Service of the University of Georgia and the Georgia 4-H Club for furnishing, preparing and serving chicken dinners to the members of the General Assembly 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 the President of the Georgia Poultry Federation.
FRIDAY, FEBRUARY 18, 1966
2587
HR 398. By Messrs. Newton of the 94th, Irvin of the llth, Farrar of the 118th, Jones of the 112th and Parker of the 55th:
A RESOLUTION
Creating an interim legislative study committee to study the feasi bility of establishing a procedure or formula to be used by the State Revenue Commissioner in uniformly assessing all property of public utilities for tax purposes; and for other purposes.
WHEREAS, all public utilities are required by law to make an nual tax returns for ad valorem tax purposes to the State Revenue Commissioner; and
WHEREAS, according to the 1964 Statistical Report published by the Department of Revenue of the State of Georgia, property of the public utilities in 1963 was valued for tax purposes at approximately $509 million, or about 13% of the total assessed value of the taxable property in the State; and
WHEREAS, proper assessment of this property for ad valorem tax purposes is important to all those who have to share the tax burden of the State and the political subdivisions therein; and
WHEREAS, utility companies in the State of Georgia are presently assessed in accordance with a formula promulgated by the State Reve nue Commissioner; and
WHEREAS, a recent change in said formula has caused a state wide reduction in utility property valuation; and
WHEREAS, many counties of this State have conducted reevaluation programs and other counties in the State have begun or in the near future will begin a program of reevaluation; and
WHEREAS, in almost every instance of reevaluation program in a county for ad valorem tax purposes results in an ad valorem tax de crease of utilities; and
WHEREAS, presently the properties of utility companies are not uniformly assessed for ad valorem tax purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim legisla tive committee for the purpose of studying the feasibility of establish ing a procedure or formula to be used by the State Revenue Commis sioner in uniformly assessing all property or public utilities for tax purposes. The committee shall be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives.
BE IT FURTHER RESOLVED that the committee is hereby em powered to perform all duties and functions necessary to effectuate the purposes of this Resolution.
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JOURNAL OP THE HOUSE,
BE IT FURTHER RESOLVED that the committee is hereby em powered to employ court reporters, secretarial assistants and profes sional advisors, their compensation to be fixed by the committee.
BE IT FURTHER RESOLVED that the members of the commit tee shall receive the compensation, per diem, expenses and allowances authorized for interim legislative committees but shall receive the same for not more than fifteen days per member. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated or available to the legislative branch of government.
BE IT FURTHER RESOLVED that the committee shall make a report of its studies and recommendations as set forth in this Resolution on or before December 1, 1966, on which date the committee shall stand abolished.
HR 399. By Messrs. Lea of the 126th, Gary of the 35th and Longino of the 122nd:
A RESOLUTION
Commending Georgia Military Academy; and for other purposes.
WHEREAS, Georgia Military Academy of College Park, Georgia has contributed to the general education and college preparation of the young men of the State of Georgia since its founding in 1900; and
WHEREAS, in periods of national emergency in World War I, in World War II, in Korea, and now in Viet Nam, G.M.A. graduates have served with distinction as commissioned and non-commissioned officers, and more than one hundred of them have made the supreme sacrifice for their country; and
WHEREAS, in the sixty-six year history of the renowned institu tion its graduates have served as members of the U. S. Congress, as chief executives of states within the United States, as chief administra tors in business and industry, as flag officers in the Armed Forces, and as contributing citizens in all other walks of our society; and
WHEREAS, the military program is being discontinued at this institution and its name is being changed to Woodward Academy in honor of the school's founder, Colonel J. C. Woodward of Butts County, Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby publicly commend Georgia Military Academy for its long and faithful service to the young men of its community, its state, and its nation.
BE IT FURTHER RESOLVED that this body does hereby con gratulate the Governing Board of this institution for its courage in effecting changes which it believes will result in a more effective edu cational institution for our leaders of tomorrow.
FRIDAY, FEBRUARY 18, 1966
2589
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. William R. Brewster, Jr., President, Georgia Military Academy.
HR 400. By Mr. Rainey of the 69th:
A RESOLUTION
Commending the Junior Chamber of Commerce of the City of Cordele; and for other purposes.
WHEREAS, during the past year, the Junior Chamber of Com merce of the City of Cordele has demonstrated outstanding civic aware ness and responsibility by sponsoring many projects promoting good citizenship and public safety; and
Whereas, safety breaks were sponsored by said organization on holiday week-ends which not only promoted public safety but also gave our citizens and visitors to our State a pleasant and friendly break dur ing their travels; and
WHEREAS, said organization also sponsored beauty contests which publicized the City of Cordele and Crisp County and otherwise promoted great interest in the area; and
WHEREAS, said organization was untiring in its efforts to raise money for the March of Dimes, the Empty Stocking Fund and Cerebral Palsy; and
WHEREAS, said organization very successfully sponsored a "get out to vote" drive by giving a $100 prize to a lucky voter on election day; and
WHEREAS, said organization will sponsor a radio program on February 26, 1966, to be called "Public Information Day" which is an outstanding example of dedication to the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby commends the Junior Chamber of Commerce of the City of Cordele for its outstanding con tributions to good citizenship and public safety.
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 the Junior Chamber of Commerce of the City of Cordele.
HR 401. By Messrs. Moore of the 20th, Starnes, Minge and Lowrey of the 13th and Dean of the 20th:
A RESOLUTION
Commending the officers of the Statewide probation system and asking that special attention and consideration be given for a salary increase of these employees; and for other purposes.
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WHEREAS, the implementation of meaningful and lasting penal reform in Georgia is dependent upon a realistic reduction in the State's unconscionably-large prison population and the perfection of an effec tive, forward-looking program of rehabilitation of offenders; and
WHEREAS, the increasing utilization of probation by the City and Superior Courts of Georgia as an enlightened means of restoring law violators to responsible citizenship has resulted in a dramatic increase in probation case loads throughout the State; and
WHEREAS, the System has attracted the services of Probation Officers who are outstanding men in their communities and who, be cause they are motivated by a sincere desire to aid their fellowman, have stayed on their jobs despite low salaries; and
WHEREAS, the respected Director of Probation, the Honorable Zell Miller, has strongly and repeatedly pointed out that the salaries of the Officers must be increased if the System is to employ and retain the type of men necessary for the fulfillment of probation's great po tential ;
NOW THEREFORE BE IT RESOLVED by the House of Repre sentatives of the State of Georgia that special attention be given by the Executive Department, the General Assembly and the Bureau of the Budget for a salary increase for the Officers in the State Probation System in keeping with their positions of trust and responsibility.
HR 402. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A RESOLUTION
Expressing appreciation to the Office of Legislative 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 inesti mable 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 Legisla-
FRIDAY, FEBRUARY 18, 1966
2591
tive Counsel, the other members of the staff and the most charming and efficient secretaries of the Office for their outstanding services to members of this Body and for their many acts of courtesy and con sideration shown to the members of the House.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each of the above named persons.
HR 403. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A RESOLUTION
Expressing appreciation to Honorable Ben W. Fortson, Jr., and Honorable Joe N. Burton; and for other purposes.
WHEREAS, Honorable Ben W. Fortson, Jr., Secretary of State, and Honorable Joe N. Burton, Assistant Secretary of State, have con tributed immeasurably to the success of this session of the General Assembly; and
WHEREAS, they have always gone out of their way to assist the members of this Body in every way possible; and
WHEREAS, the burdens of the members of this Body have always been much lighter due to the actions of Mr. Fortson and Mr. Burton.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby expresses its sincerest appreciation to Honorable Ben W. Fortson, Jr., and Honorable Joe N. Burton for their many acts of kindness and thoughtfulness, and for the many services rendered to the members of the House.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each of the aforesaid gentlemen.
HR 404. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A RESOLUTION
Expressing appreciation to Honorable Jack B. Ray, Honorable James E. Young, and Honorable George B. Hamilton; and for other purposes.
WHEREAS, Honorable Jack B. Ray, State Treasurer, Honorable James E. Young, Assistant State Treasurer, and Honorable George B. Hamilton, State Treasurer Emeritus, have rendered great service to the members of this Body; and
2592
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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 RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each of the aforesaid gentlemen.
HR 405. By Mr. Dixon of the 83rd:
A RESOLUTION
Expressing regrets at the passing of Honorable William Wayne Hinson; and for other purposes.
WHEREAS, Honorable William Wayne Hinson, a former member of both the House and the Senate of the General Assembly of Georgia, passed away on October 21, 1965; and
WHEREAS, Mr. Hinson was born in Geneva County, Alabama and was educated in the public schools of that State; and
WHEREAS, he was a former director of the Department of Public Safety of Georgia; and
WHEREAS, he was a veteran of World War I and World War II; and
WHEREAS, he was a dedicated Elk and past Exhalted Rules of the Waycross BPOE and past president of the Georgia Elks Associa tion; and;
WHEREAS, Mr. Hinson was one of the founders of Aidmore, a charitable arm of the Georgia Elks devoted to the rehabilitation and welfare of physically handicapped children; and
WHEREAS, Mr. Hinson served as treasurer of Georgia Elks Aidmore from October 17, 1937 until his death; and
WHEREAS, Mr. Hinson was chairman of the Building Committee of the Waycross BPOE which recently completed the construction of a new $370,000.00 building; and
FRIDAY, FEBRUARY 18, 1966
2593
WHEREAS, the loss of this distinguished citizen will be felt by the City of Waycross and the State of Georgia and his participation in the religious, civic and fraternal organizations of his community will be greatly missed.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest regrets and sympathy at the passing of Honorable William Wayne Hinson and the sympathy of all of 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 authorized and directed to forward an appropriate copy of this Resolution to the family of Honorable William Wayne Hinson and to the Waycross BPOE, Waycross, Georgia.
HR 406. By Messrs. Brown of the 120th and Gates of the 123rd:
A RESOLUTION
Commending the North Fulton High School Special Choir; and for other purposes.
WHEREAS, the General Assembly of the State of Georgia desig nated the North Fulton High School Special Choir as the State Choir for its concert tour in seven countries of the Continent of Europe in the summer of 1965; and
WHEREAS, the North Fulton Choir under the guidance of the internationally famous director, the Honorable Robert S. Lowrance, Jr., has for many years enjoyed a most enviable reputation and in almost thirty years of festival competition has never received any rating but "First" or "Superior"; and
WHEREAS, its thirty-nine members are selected not only for their musicianship, but also for character, scholarship, personality and de pendability, and, by their charming manners and salesmanship, these young ladies and young gentlemen made many friends for the United States and for our State of Georgia; and
WHEREAS, the highlight of the tour was singing for the United States Armed Forces in Berlin and making tape recordings which were used on the United States radio network throughout Europe; and
WHEREAS, like Job in the Old Testament "When the morning stars sang together and all the sons of God shouted for joy", we can understand why the audiences at every concert stood and yelled when the North Fulton Choir of Atlanta sang "Dixie"; and
WHEREAS, as evidence of their love of God, Flag and Country, and true to their Southern heritage, some carried little paper Con federate flags while all had little United States flags; and
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WHEREAS, in recognition of outstanding patriotism, two local groups awarded medals to this group: The Whitehall Inn Chapter of the Daughters of the American Revolution, Mrs. W. E. Taliaferro, Regent, and Mrs. Milton W. Davis, Organizing Regent, the D.A.R. Citi zenship Medal to the North Fulton High School, Hinorable William Bryce, Principal, to the Honorable Robert S. Lowrance, Jr., Director, to Charles F. Moran, Member, a Citizenship and Gold Medal, and the Jefferson Davis Honor Medal was also presented them by the Dorothy Blount Lamar Chapter of the Daughters of the Confederacy, Mrs. R. W. Weaver, Sr., President, and Mrs. Milton Davis, Past President.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body heartily congratulates the Hon orable Robert S. Lowrance, Jr., Director, and Mrs. Robert S. Lowrance, Accompanist; Chaperones Dr. and Mrs. J. W. Veatch and Honorable and Mrs. Charles D. Clarke, and Choir members for serving as ambas sadors of good-will for our state, namely: Christine Anderson, Beckie Bellamy, Sue Cobble, Britt Dean, Emmie Elrod, Steve Highsmith, Tom my Hyder, Nicky Nicholas, Cindy Pollard, Anne Richardson, Linda Skipper, Lee Wagoner, Bill Wendell, Susan Winchester, Fred Alien, Evalyn Baron, Joyce Bell, Susan Boley, Peter Brown, Bill Fleming, Karen Gatlin, Nancy Hall, Frances Hamilton, Linda Harper, Carl Hibbert, Susan Hodges, Joan Horsley, Beverly Kardos, Gary Mehr, Cathey Miller, Charles Moran, Ann Morrison, Steve Rhodes, Mike Veatch, Kathy White, Joan Mills, Lauri Smith, Sheryl Hightower and Betty Rainwater.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to furnish copies of this resolution to the Honorable Robert S. Lowrance, Jr., Director of the North Fulton High School Special Choir of Atlanta so that each member of the Choir, the Chaperones and Accompanist and the organizations mentioned may have a copy as a token of our esteem, appreciation and commendation.
HR 407. By Messrs. Smith of the 90th, Hale of the 1st, Harris of the 118th and Busbee of the 79th:
A RESOLUTION
Extending congratulations to Mrs. Betty Peeler; and for other purposes.
WHEREAS, Mrs. Betty Peeler, the charming and efficient Direc tor of Pages of the House of Representatives, is completing her fourth session in that position; and
WHEREAS, for thirty-five years she was Executive Secretary for the Association of County Commissioners of Georgia, retiring in 1961, and during such period she also served as Secretary for the Decatur Planning Commission for eighteen years; and
WHEREAS, she has rendered outstanding service to the members of this body, all of whom are grateful to her for her many courtesies and kindnesses; and
FRIDAY, FEBRUARY 18, 1966
2595
WHEREAS, her son, Clarence L. Peeler, Jr., is a Judge of the Superior Courts of the Stone Mountain Judicial Circuit and is serving with distinction in that most important office; and
WHEREAS, her husband, Clarence L. Peeler, Sr., was Freight Agent for the Seaboard Railroad before retiring in 1965; and
WHEREAS, Mr. and Mrs. Peeler will celebrate their Golden Wed ding Anniversary on February 20, 1966, a most auspicious occasion.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex tended to Mr. and Mrs. Clarence L. Peeler, Sr. upon the occasion of their Golden Wedding Anniversary on February 20, 1966, and the members of this body wish for them many more happy anniversaries.
BE IT FURTHER RESOLVED that this body and the members thereof hereby express deep appreciation to Mrs. Peeler for the out standing manner in which she has performed her duties as Director of Pages for the House of Representatives.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to Mr. and Mrs. Peeler.
HR 408. By Messrs. Etheridge of the 123rd, Hawkins of the 139th, Egan of the 141st, Mrs. Hamilton of the 137th and many others:
A RESOLUTION
WHEREAS, Dr. William J. Cox is a beloved and revered member of the Fulton County House Delegation representing the 127th Dis trict and
WHEREAS, Dr. William J. Cox, affectionately known as Bill, enjoys the esteem and affection of not only his colleagues and the people of Fulton County, but the members of the General Assembly of this State as well and,
WHEREAS, Dr. Bill Cox has in his lifetime of service to others, to his profession and to his community demonstrated a selflessness and a regard for his fellow man which is an example for others, and
WHEREAS, Dr. Bill Cox is presently suffering from ill health and is hospitalized at this time,
NOW THEREFORE BE IT RESOLVED THAT the good wishes and prayers of this Body are extended to Rep. William J. Cox for his speedy recovery and for his prompt return to this Body in the service of his District and the State.
AND BE IT FURTHER RESOLVED THAT the Clerk of this House prepare and execute for presentation to Rep. William J. Cox a true copy of this Resolution with the seal and signatures of the appro priate officials hereunto affixed.
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HE 409. By Mr. Hill of the 121st:
A RESOLUTION
Relative to the Mother of the Year; and for other purposes.
WHEREAS, each year a Mother of the Year is selected from each state in the Union, and the mother so chosen participates in the pro ceedings relative to the selection of the National Mother of the Year; and
WHEREAS, it has come to the attention of this body that all the other states honor their participants by financial assistance and by sending tokens and gifts representative of their states to the National meeting for presentation to the other participants; and
WHEREAS, the State of Georgia was the only state which did not honor its Mother of the Year participant, and this situation should be rectified; and
WHEREAS, being selected as a Mother of the Year is an out standing honor, and all the citizens of this State as well as the State government should assist and honor the person so selected who, in fact, represents all the mothers of this State; and
WHEREAS, this project would not only honor the mothers of this State but would also promote the State of Georgia among the other citizens of the United States.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the civic clubs of this State and the De partment of Industry and Trade are hereby urged to make available financial assistance and tokens and gifts representative of this great State for the other Mother of the Year participants.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the State heads of the various civic organizations in the State and to the Director of the Department of Industry and Trade.
HR 377. By Messrs. Smith of the 90th, Etheridge of the 123rd, Dillon of the 128th, McClatchey of the 138th and many others:
A RESOLUTION
Commending and congratulating Honorable Ed Rogers; and for other purposes.
WHEREAS, Honorable Ed Rogers, Capitol Correspondent for United Press International, is covering his last session of the Georgia General Assembly by virtue of the fact that he is being promoted to Manager of the Southern News Desk of UPI in Washington, D. C., which post he will fill on March 7, 1966; and
FRIDAY, FEBRUARY 18, 1966
2597
WHEREAS, in his new position he will be reporting on national affairs which are of interest to nine southern states, a most important assignment; and
WHEREAS, he is a native of Ashburn, Turner County, Georgia and graduated from the Journalism School of the University of Georgia; and
WHEREAS, he served with distinction in the naval forces in World War II, after which he joined United Press on December 7, 1946, and has been with this outstanding wire news service since that time serving in various positions in Florida, Alabama, South Carolina and Georgia; and
WHEREAS, he has been Capitol Correspondent for UPI since September, 1959, and is presently covering his eleventh session of the General Assembly of Georgia; and
WHEREAS, his reputation for fair and honest news reporting and coverage is well known, and the members of this body and other State officials and employees know him to be a man of his word for which they hold him in the highest regard; and
WHEREAS, he has earned the respect of all persons with whom he has come in contact for many reasons, particularly because of the fact that his word is his bond; and
WHEREAS, his outstanding ability to gather the news and report it accurately has gained him a wide circle of friends and his presence in the State Capitol will be sorely missed.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body, on behalf of the members and all other State officials and employees, does hereby extend highest commendation to Honorable Ed Rogers for his fair, impartial, accurate and trustworthy news reporting during his many years of service as Capitol Correspondent for United Press International, and although he will be missed, sincerest congratulations are hereby extended for his new assignment and best wishes are hereby offered for a happy and prosperous future.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable Ed Rogers.
HR 238. By Messrs. Moore of the 20th, Farrar of the 118th and Matthews of the 29th: A RESOLUTION
Creating an interim study committee on uniform transcripts for high school student records; and for other purposes.
WHEREAS, the high school principals of Georgia are responsible for the preparation and transmission of the transcripts for any high
2598
JOURNAL OF THE HOUSE,
school graduates within their schools to any college or prospective employer; and
WHEREAS, the average number of transcripts has become so great as to place a burdensome demand upon the time and efforts of school personnel which should be devoted to the supervision of instruc tional programs; and
WHEREAS, many school systems do not have the necessary secre tarial help which such demands require; and
WHEREAS, computers are now available in the State Department of Education which could be used effectively in providing much needed assistance to the Georgia public school systems in this area.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker of the House of Representa tives appoint a committee of five members to study the possibility of establishing a uniform high school transcript and to explore the possi bility of this information being transmitted to a central agency within the State Department of Education, so that all requests for transcripts be directed to said department and answered therein. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The committee shall make a report of its findings and recommendations to the 1967 session of the General Assembly, at which time it shall stand abolished. The funds necessary for the purposes of this Resolution shall come from the funds appropriated and available to the legislative branch of government.
BE IT FURTHER RESOLVED that the committee is authorized to seek the services and advice of the Georgia Education Improvement Council and any other technical assistance which they may require.
The following Committee amendment was read and adopted:
The Rules Committee moves to amend HR 238 by adding the fol lowing language at the end of the second (2nd) sentence of the last paragraph on Page 1:
"but shall receive the same for not more than ten (10) days." and by striking the next to the last sentence of the last paragraph on Page 1 and substituting in lieu thereof the following:
"The Committee shall make a report of its findings and recom mendations on or before December 1, 1966, at which time the Com mittee shall stand abolished."
The Resolution was adopted, as amended.
FRIDAY, FEBRUARY 18, 1966
2599
HR 239. By Mr. Vaughn of 117th:
A RESOLUTION
Creating an interim legislative committee for the purpose of study ing the appointment of pages for the General Assembly and the effectual use of such pages; and for other purposes.
WHEREAS, each member of the General Assembly is authorized to appoint five (5) pages during each regular session of the General Assembly, and
WHEREAS, such pages are required to be at least (12) years of age, and
WHEREAS, the only duty inferred to said pages is that they shall distribute documents and papers to the members of the General Assem bly, and
WHEREAS, the services of pages in the General Assembly should be an educational and memorable occasion, and
WHEREAS, a more appropriate program relative to pages, includ ing the use of such pages, instructions and training of such pages and a more dignified recognition of such pages should be studied and recom mendations made relative thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created an interim legislative committee to be composed of three members of the Senate, to be appointed by the President of the Senate (Lieutenant Governor), and three members of the House of Representatives, to be appointed by the Speaker of the House of Representatives.
BE IT FURTHER RESOLVED that the committee shall be au thorized to:
(a) Make a study of the rules of both houses of the General As sembly relative to pages,
(b) Determine the manner in which the services of such pages could be utilized more advantageously to the members of the General Assembly,
(c) Determine measures that would dignify the position of pages in both houses of the General Assembly,
(d) Determine if a course of instruction and training of pages could be instituted in the General Assembly,
(e) Make recommendations for rule changes relative to pages in both houses of the General Assembly, and
(f) Make such other inquiries and studies that may be necessary to effectively carry out the purposes of this Resolution.
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BE IT FURTHER RESOLVED that the members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees, but shall re ceive the same for not more than ten (10) days per member. The funds necessary for the purposes of this Resolution shall come from those funds appropriated to or available to the legislative branch of govern ment. The committee shall make a report of its findings and recom mendations, including proposed rule changes, if any, on or before De cember 1, 1966 on which date the committee shall stand abolished and cease to exist.
HR 145. By Messrs. Harris of 118th and Smith of the 90th:
A RESOLUTION
Creating the State Claims Study Committee; and for other pur poses.
WHEREAS, the General Assembly is called upon to consider a large number of compensation Resolutions each session, and the claims upon which such Resolutions are based are presently processed through the Claims Advisory Board, which was created by the General Assembly for such purposes; and
WHEREAS, for many years the procedure for handling claims against the State has been discussed by members of the General Assem bly and various proposals relative thereto have been offered; and
WHEREAS, the basic point involved is the fact that the Govern ment is immune from suit unless it grants permission for action to be taken.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the State Claims Study Committee to be composed of seven members of the House, to be appointed by the Speaker. The Committee shall study the entire pro cedure relative to claims against the State and all proposals concsrning the subject. It shall study the possibility of creating a Claims Court or providing insurance coverage, or other possibilities for processing such claims. The Committee shall seek the advice and counsel of the members and employees of the Claims Advisory Board, the Attorney General's Office and the Legislative Counsel's Office. The Committee shall study the laws of other states on such subject and the administra tion of such laws. The members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for legis lative members of interim legislative committees. The Committee shall make a report of its findings and recommendations on or before Decem ber 1, 1966, on which date the Committee shall stand abolished. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to and available to the legislative branch of the government.
FRIDAY, FEBRUARY 18, 1966
2601
HR 373. By Mr. Smith of the 114th:
A RESOLUTION
Creating an interim committee to study the advisability of authoriz ing the Department of Public Health to assist day care centers for the mentally retarded; and for other purposes.
WHEREAS, the care, training, and education of mentally retarded persons is of vital interest to this State; and
WHEREAS, because of limited funds available, day care centers are able to furnish care and training to such persons on a limited basis only; and
WHEREAS, the services that these centers provide could be greatly expanded if the State could furnish them with additional revenues, and the utilization of this method would provide the additional care needed at the lowest possible cost to the State; and
WHEREAS, the State should furnish such funds only upon a com plete investigation of each particular center, so that the services fur nished by such facility could be coordinated with existing State pro grams which provide various services for such persons, and such investi gations and coordination lend themselves most easily to those services provided by the State Department of Public Health.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim com mittee to make a comprehensive study of the advisability of authorizing the Department of Public Health to assist day care centers for the mentally retarded. Said committee shall consist of five (5) members to be appointed by the Speaker of the House of Representatives.
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 may do any other things consistent with this Resolution that are necessary to enable it to fully and adequately exercise its powers, performance, and duties and accomplish the objectives and purposes of this Resolution.
BE IT FURTHER RESOLVED that the members of the committee shall receive the same compensation, per diem expenses and allowances authorized for legislative members of interim legislation committees. The members of the committee shall receive such compensation, per diem expenses and allowances from the funds appropriated to or avail able to the legislative branch of government. Such compensation, ex penses or allowances sehall not be received for more than ten (10) days.
BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations, which report shall be
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JOURNAL OP THE HOUSE,
accompanied by such proposed legislation as might be recommended by said committee. Such report shall be made on or before December 1, 1966, on which date the committee shall stand abolished.
HR 105. By Mr. Alexander of the 133rd:
A RESOLUTION
Creating the teacher tenure law study committee; and for other purposes.
WHEREAS, a large number of school systems in this State do not provide permanent tenure for teachers, but instead employ teachers on a year-to-year basis; and
WHEREAS, some teachers, who teach for long periods of time, are dismissed within a short period of time from becoming eligible to receive retirement benefits; thereby working an extreme hardship on such teachers; and
WHEREAS, in other school systems a teacher obtains a permanent status after a certain number of years of satisfactory service, which entitles such teacher to the right of appeal in the event of dismissal; and
WHEREAS, the members of this body are in need of information concerning teacher tenure laws and the advantages and disadvantages thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the teacher tenure law study committee to be composed of seven members of the House, to be appointed by the Speaker. The committee is authorized to study the teacher tenure problem in the various school systems of this State, teacher tenure laws and the administration thereof, and all other mat ters relative to said subject. The members of the committee shall re ceive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees, but shall receive the same for not more than fifteen days. The committee shall make a report of its findings and recommendations on or before De cember 1, 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 and available to the legislative branch of the Government.
The following Committee amendment was read and adopted:
The Rules Committee moves to amend HR 105 by striking the word "seven" (7) in the third (3rd) line of the last paragraph on Page 1, and the word "fifteen" (15) in the fifth (5th) line from the bottom of Page 1, and substituting in lieu thereof the words "five" (5) and "ten" (10) respectively.
The Resolution was adopted, as amended.
FRIDAY, FEBRUARY 18, 1966
2603
HR 108. By Messrs. Spillers of the 37th and Harris of the 85th:
A RESOLUTION
Creating a committee to study the possibility and feasibility of establishing a historical drama on Jekyll Island; and for other purposes.
WHEREAS, the people of Georgia are proud of Jekyll Island; and
WHEREAS, many civic, governmental and fraternal organizations hold conferences and conventions there each year; and
WHEREAS, it is apparent that there is a need for some outstand ing program to attract more people to the Island; and
WHEREAS, it is the belief of a great many people that a historical drama based on the Golden Isles of Georgia, professionally produced in an amphitheater would be appealing and would attract not only Geor gians but also out of state tourists as well; and
WHEREAS, several states already have these dramas, namely: Kentucky "The Book of Job" and North Carolina "Unto These Hills".
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to study the possibility and feasibility of establishing a historical drama on Jekyll Island. The Committee shall be composed of three (3) members of the House of Representatives and three (3) members of the Georgia Federation of Women's Clubs, to be appointed by the Speaker. The Committee shall be authorized twenty (20) days within which to com plete its work. The legislative members of the Committee shall receive the same compensation, per diem, expenses and allowances which are authorized for members of interim legislative committees. The other members of the Committee shall receive no compensation, per diem, expenses and allowances for their services. The funds necessary to carry out the purposes of this Resolution shall come from the funds appro priated to or available to the legislative branch of the government.
BE IT FURTHER RESOLVED that the Committee shall make a report of its recommendations to the 1967 session of the General As sembly of Georgia on or before December 1, 1966 on which date the Committee shall stand abolished.
The following Committee amendment was read and adopted:
The Rules Committee moves to amend HR 108 by striking the word "twenty" (20) in the eighth (8th) line from the bottom of Page 1 and substituting in lieu thereof the word "ten" (10).
The Resolution was adopted, as amended.
2604
JOURNAL OF THE HOUSE,
HR 143. By Messrs. Harris of the 118th and Smith of the 90th:
A RESOLUTION
Creating the State Highway Grants Study Committee; and for other purposes.
WHEREAS, the General Assembly has appropriated funds to counties and municipalities for road and street purposes; and
WHEREAS, such appropriations are in the nature of direct grants to counties and municipalities based on existing law, although large amounts of other State funds are used for the aforesaid purposes also; and
WHEREAS, there has been considerable discussion as to whether such grants are excessive or inadequate and it would be advantageous to the members of the General Assembly to obtain information concern ing the aforesaid grants and other similar funds.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the State Highway Grants Study Committee to be composed of seven members of the House, to be appointed by the Speaker for the purpose of making a study of grants and other funds to counties and municipalities for road and street purposes. The Committee shall study the procedures and the laws under which such grants are made and shall seek to determine whether the amounts involved are excessive or inadequate. The Com mittee is hereby authorized to study all aspects of this subject. The Committee is hereby authorized to consult with highway officials, coun ty officials and municipal officials, and all such officials shall cooperate and assist the Committee in every way possible. The members of the Committee shall receive the compensation, per diem, expenses and allow ances authorized for legislative members of legislative interim com mittees, but shall receive the same for not more than twenty days. The Committee shall make a report of its findings and recommendations on or before December 1, 1966 on which date the Committee shall stand abolished. The funds necessary to carry out the purposes of this Reso lution 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 143 by striking the word "twenty" (20) and substituting in lieu thereof the word "ten" (10) in the sixth (6th) line from the bottom of Page 1.
The Resolution was adopted, as amended.
FRIDAY, FEBRUARY 18, 1966
2605
HR 144. By Messrs. Harris of the 118th and Smith of the 90th:
A RESOLUTION
Creating the Highway Laws Study Committee; and for other pur poses.
WHEREAS, the laws relating to the State Highway Department and particularly those relative to the organization, powers, duties and operating practices thereof are oftentimes ambiguous, contradictory and confusing; and
WHEREAS, it would be highly advantageous to the Department, the State Government, to local governments and to all the citizens of this State if such laws were consolidated and revised so as to eliminate the many ambiguities.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Highway Laws Study Committee to be composed of seven members of the House, to be appointed by the Speaker for the purpose of studying ways and means relative to the consolidation and revision of all laws pertaining to the State Highway Department. In the event the Committee ascertains that such consolidation and revision might be accomplished without the nec essity of further legislation, the Committee is authorized to recommend that such revision be started as soon as possible. In the event it is determined that legislation is necessary to accomplish such revision, the Committee shall so recommend. The Committee shall consult with the officials and employees of the State Highway Department, the Attorney General's Office and the Legislative Counsel's Office relative to the subject of its inquiry. The members of the Committee shall re ceive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees, but shall re ceive the same for not more than fifteen days. The Committee shall make a report from its findings and recommendations on or before December 1, 1966, on which date the Committee shall stand abolished. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to and available to the legislative branch of the government.
The following Committee amendment was read and adopted:
The Rules Committee moves to amend HR 144 by deleting the word "fifteen" (15) in the sixth (6th) line from the bottom of Page 1, and substituting in lieu thereof the word "ten" (10).
The Resolution was adopted, as amended.
2606
JOURNAL OF THE HOUSE,
HR 278. By Messrs. Floyd oi the 7th, Bagby of the 21st, Lane of the 64th, Flem ing of the 106th and Conger of the 89th:
A RESOLUTION
Creating an interim committee to study the problems of retirement and existing retirement systems available to officers and employees of the Department of Public Safety; and for other purposes.
WHEREAS, it is of paramount importance to the State of Georgia that its citizens be secure from debt and worry in their older years; and
WHEREAS, such security generally consists of some sort of re tirement system or systems; and
WHEREAS, all of the employees of the State of Georgia, and particularly the employees of the Department of Public Safety, deserve the benefits of such security, for only through the guarantee of secured benefits to trusted and valued employees is the State able to retain such employees and continue the superior levels of efficiency in the operations of the state government that these employees provide.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that a committee be appointed to study and investigate the problems of retirement and the existing retirement sys tems available for officers and employees of the Department of Public Safety. Such committee shall consist of five (5) members to be ap pointed by the Speaker of the House of Representatives.
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, per formance, and 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 commit tees. 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 government. Such compensation, expenses or allowances shall not be received for more than twenty (20) days.
BE IT FURTHER RESOLVED that the committee shall be author ized to utilize the services of the Office of Legislative Counsel in carry ing out its responsibilities under this Resolution, and in this connection
FRIDAY, FEBRUARY 18, 1966
2607
may require said office to review the laws and recent developments 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 accompanied by such proposed legislation as might be recommended by said committee. Such report shall be made on or before December 1, 1966, on which date the committee shall stand abolished.
The following Committee amendment was read and adopted:
The Rules Committee moves to amend HR 278 by striking the word "twenty" (20) and substituting in lieu thereof the word "ten" (10) in the last sentence of the first complete paragraph on the second (2nd) page.
The Resolution was adopted, as amended.
HR 303. By Messrs. Adams of the 125th, Carnes of the 129th, Cox of the 127th, Smith of the 85th, Brown of the 135th and many others:
A RESOLUTION
Creating an interim committee to study the adequacy of the public facilities on the lakes, rivers and other marine locations within the State; and for other purposes.
WHEREAS, water sports such as fishing, boating and water skiing are becoming increasingly more important to the recreational life of Georgians; and
WHEREAS, the citizens of Georgia are desirous that the lakes, rivers and other marine locations upon which such water recreations are enjoyed contain adequate facilities for the use thereof; and
WHEREAS, it is incumbent upon this body to do everything neces sary and proper in securing for the citizens of Georgia adequate public facilities, and this goal is best accomplished through the creation of an interim committee to study existing facilities and make recommenda tions for the construction of additional facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim com mittee to make a comprehensive study of the public facilities existing on the lakes, rivers and other marine locations within the State and to make recommendations for the renovation of existing facilities and construction of additional facilities. Said committee shall be composed of five (5) members to be appointed by the Speaker of the House of Representatives. The committee shall select a chairman from among
2608
JOURNAL OF THE HOUSE,
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 convenient to enable it to fully and adequately exercise its powers, performance and duties.
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 members of the committee shall receive the same compensation, per diem expenses and allowances authorized for legislative members of interim legislative committees. The members of the committee shall receive such compensation, per diem expenses and allowances from the funds appropriated to or avail able to the legislative branch of government. Such compensation, ex penses or allowances shall not be received for more than twenty (20) days.
BE IT FURTHER RESOLVED that the committee shall be author ized to utilize the services of the Office of Legislative Counsel in carry ing out its responsibilities under this Resolution.
BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations, which shall be accompanied by such proposed legislation as might be recommended by said com mittee. Such report shall be made on or before December 1, 1966, on which date the committee shall stand abolished.
The following Committee amendment was read and adopted:
The Rules Committee moves to amend HR 303 by striking the word "twenty" (20) in the last line of the first complete paragraph on Page 2 and substituting in lieu thereof the word "ten" (10).
The Resolution was adopted, as amended.
HR 304. By Messrs. Levitas of the 118th, Lee of the 79th and Carley of the 117th:
A RESOLUTION
Creating an interim committee to study invasions of privacy and industrial espionage; and for other purposes.
WHEREAS, since man first learned to protect himself from the elements by seeking shelter, his right to remain apart, to seek privacy and to be secure against the invasions of his privacy, has been a funda mental and natural right; and
FRIDAY, FEBRUARY 18, 1966
2609
WHEREAS, the State of Georgia was the first State to recognize that such right was a unique and distinct and protectable legal interest, not merely a constitutional or legal right, but a natural and funda mental right of all persons in all societies to whom freedom is sacred; and
WHEREAS, as a result of this early recognized right, the common law doctrine that "a man's home is his castle" was formulated, and this doctrine is as true today as in times past, notwithstanding the fact that the walls of today's homes are somewhat less sturdy than the stone boulders comprising the walls of the castles of yesteryear; and
WHEREAS, this right to be secure extends not only to a man's permanent or temporary abode, but also his business, for the funda mental right to pursue a lawful occupation and to be secure in that pursuit, coexist with the right to privacy; and
WHEREAS, this right to be secure against the ever increasing practices of prying and spying, by bureaucrat and black-mailer, by the curious and the morbid, places it in danger of being chiseled away; and
WHEREAS, through the use and abuse of concealed cameras, tapped telephones, planted microphones, hidden transmitters and other surrepitious devices it has become possible to invade the privacy of the citizens of Georgia, and to steal and use many confidential business secrets and processes originally created and belonging to the various industries of Georgia; and
WHEREAS, through increased scientific and technological ad vances, devices may be used to penetrate the walls of today's man's home just as surely and destructively as the battering rams of an in vading army in days of yore breached the walls of yesterday's man's castle; and
WHEREAS, these reprehensible and despicable practices, if they occur, should not only cease forthwith but should also be publicly con demned, prohibited and made unlawful; and
WHEREAS, a comprehensive investigation in depth is called for as to who, when, where, why and how such violations occur against the rights of free men to whom life, liberty and the pursuit of happiness is sacred.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim com mittee to make a comprehensive study of the laws, procedures and prob lems relating to invasions of privacy. Said Committee shall be composed of seven (7) members to be appointed by the Speaker of the House of Representatives.
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 evidence necessary or con venient to fulfill the purposes of this Resolution.
2610
JOURNAL OF THE HOUSE,
BE IT FURTHER RESOLVED that the Committee may do any other things consistent with this Resolution that are necessary or con venient to enable it to fully and adequately effectuate its powers, per form 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 compensation, per diem, expenses and allowances authorized for legislative committees from the funds appropriated to or available to the legislative branch of the government. Such com pensation, expenses and allowances shall not be received for more than twenty (20) days.
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, 1966, on which date said Committee shall stand abolished.
The following Committee amendment was read and adopted:
Sub-Committee amends HR 304 by inserting 5 members in lieu of 7 members and substituting 10 days in lieu of 20 days.
The Resolution was adopted, as amended.
HR 343. By Messrs. Harris and Farrar of the 118th and Smith of the 90th:
A RESOLUTION
Creating the "Public School Personnel Retirement Study Commit tee"; and for other purposes.
WHEREAS, the General Assembly of the State of Georgia has created the "Teachers' Retirement System of Georgia" for the purpose of providing retirement allowances and other benefits for teachers in the public school systems of the State of Georgia; and
WHEREAS, said system provides for said benefits only to the teachers in the several school systems of this State; and
WHEREAS, there are in said school systems many employees who receive no such benefits either under the provisions of the Teachers' Retirement System or any other provisions of law of this State; and
WHEREAS, many of such personnel are faithful and worthy em ployees entitled to consideration with respect to retirement benefits.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the "Public School
FRIDAY, FEBRUARY 18, 1966
2611
Personnel Retirement Study Committee" to be composed of nine mem bers of the House of Representatives to be appointed by the Speaker. The Committee shall study the advisability and feasibility of enacting legislation providing for retirement benefits for all school personnel not presently under the provisions of the Teachers' Retirement System Act. The Committee shall study methods and approaches relative there to. The members shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislattive committees. The Committee shall make a report of its findings and recommendations on or before December 1, 1966, on which date it shall stand abolished. The funds necessary for the purpose 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 343 by adding at the end of the fourth (4th) sentence of the last paragraph on Page 1 the following language:
"but shall receive the same for not more than ten (10) days."
The Resolution was adopted, 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 to-wit:
HB 50. By Mr. Sweat of the 82nd:
A Bill to amend Code Section 27-101, relating to rewards offered by the Governor for the arrest of felons, so as to increase the reward which may be offered by the Governor in capital felonies; and for other purposes.
HB 51. By Mr. Busbee of the 79th:
A Bill to amend an Act providing revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia, so as to change the amount of monthly pension benefits; and for other purposes.
2612
JOURNAL OF THE HOUSE,
HB 52. By Mr. Richardson of the 116th:
A Bill 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 55. By Mr. Richardson of the 116th:
A Bill to amend Code Sec. 92-1403, relating to the levy of a motor fuel tax and certain exemptions therefrom, so as to eliminate therefrom those provisions, relating to the storage capacity of certain watercraft as they pertain to the exemption of the tax on certain purchases of motor fuel therefor; and for other purposes.
HB 60. By Messrs. Watkins of the 9th, Savage of the 58th and others: A Bill to authorize sterilization of certain individuals by doctors of medicine; and for other purposes.
HB 76. By Messrs. Harris of the 118th, Smith of the 90th and others: A Bill to amend an Act providing for grants to certain incorporated municipalities of this State for the purpose of aiding in the construc tion and maintenance of streets, so as to provide for the submission of an annual audit from each such municipality to the State Auditor; and for other purposes.
HB 15. By Mr. Westlake of the 119th:
A Bill to amend an Act relating to the examination of certain applicants for licenses issued by the Insurance Commissioner so as to exempt applicants for certain of such licenses who have successfully completed certain of the examinations given by the Society of Chartered Property and Casualty Underwriters; and for other purposes.
HB 17. By Messrs. Levitas and Harris of the 118th and others:
A Bill to create a commission to be known as the "Law Revision Com mission"; and for other purposes.
HB 36. By Messrs. Murphy of the 26th, Matthews of the 29th and others:
A Bill to amend Code Title 27, relating to criminal procedure, so as to delete therefrom the requirement that a jury be present in order that an appearance bond or recognizance may be forfeited; and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2613
HB 39. By Messrs. Harris and Farrar of the 118th, and others:
A Bill to amend an Act known as the "Employment Security Laws," so as to provide that service performed by a licensed real estate sales man for remuneration solely by way of commission shall not be deemed "employment" within the meaning of said Act; and for other purposes.
HB 42. By Messrs. Carley, Malone and Palmer of the 117th and others:
A Bill to amend an Act relating to the corporation laws of the State, so as to change the time when advertisements shall appear after the filing of the application or petition for charter; and for other pur poses.
HB 46. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Bill to authorize the State Board of Education, upon agreement of the other State department or agency concerned to provide for the education of children, youth and adults who are under the custody and control of other departments and agencies of this State and located or situated in an institutional or residential facility maintained by such other department or agency; and for other purposes.
HB 90. By Messrs. Johnson of the 40th, Minge and Starnes of the 13th and others:
A Bill to repeal Code Sec. 68-703, relating to the maximum permissible speed for certain vehicles; and for other purposes.
HB 96. By Messrs. Busbee of the 79th, Smith of the 90th and others:
A Bill to amend an Act relating to items not deductible for income tax purposes, so as to provide that any property used as gambling devices or for violating the gambling laws of this State shall not be allowed to be depreciated in computing business deductions; and for other pur poses.
HB 97. By Mr. Busbee of the 79th:
A Bill to amend an Act which comprehensively revised, superseded, and modernized appellate and other post-trial procedure in civil and criminal cases, so as to clarify the provisions relating to the fee which the superior court clerk shall receive from the State Law Department for furnishing an exact copy of the record or appeal in capital felony cases; and for other purposes.
HB 98. By Messrs. Busbee of the 79th and Harris of the 118th: A Bill to create the Georgia Youth Council; and for other purposes.
2614
JOURNAL OF THE HOUSE,
HB 109. By Mr. Dean of the 20th:
A Bill to amend an Act prohibiting the throwing or depositing of trash, garbage or other substances upon the public roads or public property of this State, so as to change the penalty for throwing or depositing any substances upon the public roads or property of this State; and for other purposes.
HB 110. By Messrs. Bean of the 119th, Lee and Busbee of the 79th and others:
A Bill to amend Code Chapter 23-11, relating to the office of county surveyor, so as to provide certain qualifications for the position of county surveyor; and for other purposes.
HB 127. By Mr. Dean of the 20th:
A Bill creating the offices of the State Highway Board, so as to author ize payment of subsistence in an amount not to exceed $1.25 per day in addition to other compensation to certain employees of the State Highway Department; and for other purposes.
HB 138. By Messrs. Harrington and Chandler of the 47th and others:
A Bill creating a Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of drivers' licenses, so as to provide for the issuance of honorary driver licenses to mem bers and former members of the National Guard who have twenty or more years creditable service therein; and for other purposes.
HB 164. By Messrs. Wells of the 30th, Richardson of the 116th and others:
A Bill to amend an Act amending the adoption laws, so as to change the waiting period before final adoption; and for other purposes.
HB 198. By Mr. Hale of the 1st:
A Bill to amend an Act known as the "General Appropriations Act of 1964", so as to provide that the funds appropriated to the State High way Department for the year 1966, for payment of lease rental obliga tions to the State Office Building Authority, shall include the sum of $212,439 specifically designated for the payment of one year's rent on the State Highway Department Laboratory Building; and for other purposes.
HB 199. By Mr. Hale of the 1st:
A Bill known as the "State Office Building Authority Act", so as to change the definition of the word "project"; and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2615
HB 208. By Messrs. Egan of the 141st, Tye of the 115th and others:
A Bill to amend Title 92 (Public Revenue), so as to amend Code Section 92-3103, as to when fiduciaries and beneficiaries are taxable and when they are relieved from tax on income of estates or trusts; and for other purposes.
HB 226. By Mr. McClatchey of the 138th:
A Bill to amend Code Section 56-1022 relating to eligible investments of domestic insurers, so as to provide that mortgage loans on single family residential dwellings may not exceed eighty percent of the value of the real property or lease-hold securing same; and for other purposes.
HB 233. By Mr. Watkins of the 9th:
A Bill to amend Code Chapter 84-9 relating to the creation of the State Board of Medical Examiners, so as to provide persons wishing to obtain a license to practice medicine shall furnish satisfactory evi dence of having completed one year of training as an intern in a hos pital in good standing with the State Board of Medical Examiners; and for other purposes.
HB 241. By Mr. Melton of the 34th:
A Bill to amend an Act creating the Georgia Educational Improvement Council, so as to provide for the payment of per diem and reimburse ment of expenses of the Chairman of the State Board of Education and the Chairman of the State Board of Regents when in attendance at meetings or functions of the council; and for other purposes.
HB 251. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Bill to amend an Act known as the "State Hospital Authority Act", so as to increase the amount of bonds which the State Hospital Au thority may issue; and for other purposes.
HB 272. By Mr. Overby of the 16th:
A Bill to amend an Act, relating to the procedures connected for the power of eminent domain, so as to provide a more efficient and certain method of service upon non-residents who own the property condemned; end for other purposes.
HB 289. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and others:
A Bill to amend Code Section 47-102, relating to senatorial districts, so as to change the provisions relating to the 32nd and 33rd Senatorial Districts of Cobb County; and for other purposes.
2616
JOURNAL OF THE HOUSE,
HB 306. By Messrs. Sherman of the 105th, Fleming of the 106th:
A Bill to regulate the sale of admission tickets to athletic contests other than those of colleges of the University System of Georgia, so as to provide that no ticket to athletic contests regulated by this Act shall be sold for more than $1.00; and for other purposes.
HB 307. By Messrs. Harris and Smith of the 85th:
A Bill to amend Code Section 27-902, relating to amount of bail in misdemeanor cases, so as to provide that sheriffs and constables may accept cognizance bonds in certain misdemeanor cases involving mili tary personnel; and for other purposes.
HB 314. By Messrs. Bedgood and Matthews of the 29th and others:
A Bill to amend an Act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt therefrom certain trans actions wherein personal property is furnished by certain governmental units for the purpose of installing, repairing or extending water, gas or sewage system; and for other purposes.
HB 324. By Messrs. Newton of the 94th, Marshall of the 30th and others:
A Bill to amend an Act known as the "Structural Pest Control Act", so as to provide for the election of a Vice-Chairman from the member ship of the Commission; and for other purposes.
HB 325. By Messrs. Newton of the 94th, Marshall of the 39th and others:
A Bill to amend an Act entitled "An Act to be known as the 'Georgia Food Act' ". so as to regulate the manufacture, sale, delivery and the holding or offering for sale of food; and for other purposes.
HB 327. By Messrs. Newton of the 94th, Marshall of the 39th and others:
A Bill to amend an Act relating to the regulation and sale of livestock at auctions, so as to provide that every operator of a sales establish ment for the sale of livestock at auction shall maintain a custodial account in a national or state chartered bank; and for other purposes.
HB 344. By Messrs. Harris of the 118th and Levitas of the 118th:
A Bill to provide that any person who steals an article representing a trade secret or copies an article representing a trade secret with intent to deprive the owner thereof, the control of such trade secrets shall be guilty of a crime; and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2617
HB 443. By Messrs. Wiggins of the 32nd, Gary of the 35th and others:
A Bill to amend an Act providing the procedure for extending social security coverage to the employees of the State of Georgia, so as to provide that "political subdivision" shall include the Georgia Municipal Association for the purposes of this Act; and for other purposes.
HB 469. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Bill to provide that for the purposes of determining income taxes due the State of Georgia, that gross income shall not include compensa tion received by certain enlisted personnel for active service as a mem ber below the grade of commissioned officer in the Armed Forces of the United States for any years; and for other purposes.
HB 479. By Mr. Nessmith of the 64th:
A Bill to repeal an Act creating an "Agricultural Commodities Au thority"; and for other purposes.
HB 480. By Mr. Egan of the 141st:
A Bill to provide for personal jurisdiction over any non-domiciliary, or his executor or administrator, as to a cause of action arising from the transaction of business within the state, or the commission of a tortious act within the state, or owning, using or possessing real prop erty situated within the state; and for other purposes.
HB 488. By Messrs. Newton of the 94th, Lowrey of the 13th and others:
A Bill to be entitled "Department of Agriculture Registration, License and Permit Act"; to require persons applying to the Department of Agriculture for the State of Georgia for registration, to designate a place where the applicant may be personally served with legal process; and for other purposes.
HB 495. By Mr. Lambert of the 38th:
A Bill 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 519. By Messrs. Caldwell of the 61st, Peterson of the 59th and others:
A Bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, so as to provide that the delinquent payments required to be made into the fund by the clerks shall bear interest; and for other purposes.
2618
JOURNAL OF THE HOUSE,
HB 530. By Messrs. Oglesby and Russell of the 92nd:
A Bill to amend an Act relating to the State Game and Fish Commis sion, so as to provide for the purchase of uniforms for employees; and for other purposes.
HB 551. By Mr. Busbee of the 79th:
A Bill to provide for family planning services; to provide that the State Department of Health, county departments of health, health districts, the State Department of Family and Children Services, county departments of family and children services and district departments of family and children services shall provide family planning services; and for other purposes.
HB 553. By Mr. Fulford of the 67th:
A Bill to amend Code Chapter 84-12, relating to establishing the State Board of Osteopathic Examiners, so as to provide that persons wishing to obtain a license to practice in this State shall furnish satisfactory evidence of having completed 1 year of training as an intern in a hospital in good standing with the State Board of Osteopathic Ex aminers; and for other purposes.
HB 557. By Messrs. Egan of the 141st, Maddox of the 8th and others:
A Bill to repeal Code Chapter 59-4 relating to the requirement that grand juries inspect every orphanage, sanitarium, and all other simi lar facilities located within the county; and for other purposes.
HB 558. By Messrs. Harris of the 85th, Gignilliat of the 113th and others: A Bill to repeal Code Section 26-7302, relating to hotel keepers on beaches keeping lifeboats and other related items; and for other pur poses.
HB 560. By Messrs. Newton of the 94th, Marshall of the 39th and others: A Bill to amend an Act known as the "Georgia Biological Permit Act", by striking the entire Act and enacting in lieu thereof an Act to be known as "The Georgia Biologicals Permit Act of 1966"; and for other purposes.
HB 572. By Messrs. Smith of the 90th, Hale of the 1st and others: A Bill to provide salaries for the solicitors general of the Superior Courts; and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2619
HB 642. By Mr. Harris of the 118th:
A Bill to amend an Act known as the "Georgia Administrative Pro cedure Act", so as to change the cross-reference referring to Section 14 (d) as the same appears in subsection (b) of Section 18, so that said cross-reference shall refer to Section 14(a) (4); and for other purposes.
HB 647. By Mr. Conner of the 91st:
A Bill to amend Code Chapter 56-15, relating to the organization and corporate procedures of domestic stock and mutual insurers, so as to provide that no person shall sell any subscriptions for insurance securi ties in this State unless the insurer has applied for, received and holds authority to transact insurance in the State of Georgia from the Insur ance Commissioner; and for other purposes.
HB 651. By Messrs. Steis of the 100th, Floyd of the 7th and others:
A Bill to amend an Act creating a State Department of Veterans Serv ice and providing for a Board of Veterans Service and a Director, so as to provide that the State Department of Veterans Service and the Veterans Service Board shall be authorized to apply for, accept, gifts, grants and other contributions from the Federal Government; and for other purposes.
HB 671. By Mrs. Merritt of the 68th and Mrs. Hamilton of the 137th:
A Bill to amend an Act creating the Georgia Art Commission, so as to expand the scope of the Georgia Art Commission to include performing arts; and for other purposes.
HB 677. By Messrs. Steis of the 100th and Minge of the 13th:
A Bill to amend an Act reorganizing the State Department of Law, so as to provide for the reimbursement of the Attorney General for expense incurred in the performance of his duties; and for other pur poses.
HB 769. By Messrs. Etheridge of the 123rd, Gates of the 123rd and others:
A Bill to amend an Act known as the "City of Atlanta and Fulton County Recreation Authority Act", so as to redefine "project"; to provide that the Authority shall have the right to contract for the use of or to lease or sell any or all of its facilities including real prop erty, to any person, firms or corporations whether public or private; and for other purposes.
HR 20-44. By Messrs. Clarke of the 45th, NeSmith of the 43rd and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create public corporations with the
2620
JOURNAL OF THE HOUSE,
power to issue revenue obligations for the purpose of developing indus trial facilities; and for other purposes.
HR 28-44. By Mr. Carley of the 117th:
A Resolution proposing an amendment to Article VI, Section XI, Para graph I of the Constitution of Georgia, relating to the office and elec tion of solicitors general, so as to provide that each solicitor general shall be elected only by the electors of the circuit for which such solicitor general shall serve; and for other purposes.
HR 29-44. By Mr. Carley of the 117th:
A Resolution proposing an amendment to Article VI, Section III, Paragraph II of the Constitution of Georgia, relating to the office and election of superior Court judges, so as to provide that each superior court judge shall be elected only by the electors of the circuit for which such superior court judge shall serve; and for other purposes.
HR 30-44. By Mr. Gaissert of the 34th:
A Resolution to relieve Otis Davis Hatchett as surety on an appearance bond and to cancel a fi. fa. issued against him; and for other purposes.
HR 31-44. By Messrs. Gaissert and Melton of the 34th:
A Resolution to relieve A. J. Martin as surety on an appearance bond and to cancel a fi. fa. issued against him; and for other purposes.
HR 123-236. By Mr. Smith of the 54th:
A Resolution authorizing the conveyance of a certain tract of land in Emanuel County; and for other purposes.
HR 153-319. By Messrs. Dollar and Conger of the 89th:
A Resolution authorizing the Governor to execute a permanent easement in behalf of the State of Georgia over certain property located in Bainbridge State Park, Decatur County, Georgia, to the United States of America, to be used in connection with the Jim Woodruff Dam and Reservoir; and for other purposes.
HR 167-375. By Mr. Fleming of the 106th:
A Resolution relative to a monument for the 1st Cavalry Division; and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2621
HR 202-431. By Mr. Gignilliat of the 113th:
A Resolution authorizing the conveyance of an easement over, across and through certain real property owned by the State of Georgia in Chatham County; and for other purposes.
HR 285-636. By Messrs. Newton and Lewis of the 50th:
A Resolution to authorize the Governor to execute a deed conveying a tract of land now owned by the State, located in Jenkins County, to be used by the Dept. of Interior, Fish and Wildlife Service, for the purpose of constructing fish hatcheries; and for other purposes.
HR 347-789. By Mr. Smith of the 90th:
A Resolution authorizing the conveyance of a certain tract of stateowned property to Grady County; and for other purposes.
HR 348-789. By Mr. Hawkins of the 139th:
A Resolution authorizing the transfer of certain real property located in Fulton County, Georgia; and for other purposes.
HR 80-132. By Mr. Irvin of the llth:
A Resolution proposing an amendment to the Constitution so as to authorize the County Board of Education of Habersham County to bor row funds and pledge certain building funds to the payment thereof; and for other purposes.
HR 161-356. By Mr. Clark of the 2nd:
A Resolution proposing an amendment to the Constitution so as to re move the Authority of the board of tax administrators for Catoosa County to levy taxes; and for other purposes.
HR 166-371. By Messrs. Richardson of the 116th, Smith of the 3rd and others:
A Resolution proposing an amendment to the Constitution so as to provide that a person shall be entitled to register and vote at any election if he has resided in this State at least 180 days, and in the county or municipality at least 90 days next preceding the election in which he offers to vote; and for other purposes.
HR 263-571. By Mr. Clarke of the 45th:
A Resolution proposing an amendment to the Constitution so as to create the Monroe County Development Authority; and for other purposes.
2622
JOURNAL OF THE HOUSE,
HR 265-571. By Messrs. Davis and Blalock of the 33rd:
A Resolution proposing an amendment to the Constitution so as to create the Heard County Development Authority; and for other pur poses.
HR 266-571. By Mr. Rainey of the 69th:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Cordele to issue revenue bonds for the purpose of financing the costs of paving or otherwise repairing and construct ing streets and sidewalks and the relocation and repairing of utility and drainage facilities, and to assess the cost thereof against abutting property owners for repayment of bonds; and for other purposes.
HR 281-602. By Messrs. Collins of the 62nd and Underwood of the 61st:
A Resolution proposing an amendment to the Constitution so as to authorize the Vidalia Development Authority to extend its activities into Montgomery County and to provide the procedure connected there with; and for other purposes.
HR 283-624. By Messrs. Smith, Mitchell and Leonard of the 3rd:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Whitfield County to license and otherwise regulate the hauling, dumping, burning and other related matters of materials in said county; and for other purposes.
HR 284-624. By Messrs. Gary, Lee and Harrell of the 35th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Clayton County to levy a tax not exceeding % the mill on all of the taxable property in the county, for the purpose of encouraging the location of industries; and for other purposes.
HR 288-658. By Mr. Johnson of the 25th:
A Resolution proposing an amendment to the Constitution so as to authorize Elbert County to establish and maintain a program of recrea tion for the citizens of Elbert County; and for other purposes.
HR 289-658. By Mr. Leonard of the 3rd:
A Resolution proposing an amendment to the Constitution so as to create the Murray County Industrial Development Authority; and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2623
HR 291-679. By Mr. Roach of the 15th:
A Resolution proposing an amendment to the Constitution so as to create the Cherokee County Development Authority; and for other pur poses.
HR 299-698. By Mr. Harris of the 118th:
A Resolution proposing an amendment to Article XV of the Constitu tion providing home rule for counties, adopted at the 1965 Regular Session of the General Assembly, so as to provide that the powers granted by said amendment shall be cumulative of all powers heretofore granted to counties; and for other purposes.
HR 316-719. By Mr. Anderson of the 71st:
A Resolution proposing an amendment to the Constitution so as to create the Pulaski County-Hawkinsville Development Authority; and for other purposes.
HR 320-721. By Messrs. Story and Watson of the 22nd:
A Resolution proposing an amendment to the Constitution so as to create a five-member Board of Commissioners of Roads and Revenues for Gwinnett County and to provide for a county manager form of govern ment; and for other purposes.
HR 78-132. By Mr. Williams of the 82nd:
A Resolution authorizing the conveyance of certain tracts of state-owned property to the City of Douglas; and for other purposes.
HR 112-196. By Mrs. Merritt of the 68th and Mr. Blair of the 68th:
A Resolution authorizing the conveyance of a certain tract of stateovviied property; and for other purposes.
HB 464, By Messrs. Simkins of the 106th, Sherman of the 105th and others:
A Bill to amend Code Section 26-2625, relating to punishment for lar ceny, so as to change the punishment for certain larcenies when the value of the goods taken exceeds a certain amount; and for other purposes.
HR 24-44. By Mr. Jones of the 112th:
A Resolution proposing an amendment to the Constitution so as to provide that service at Gracewood State School and Hospital or at any other facility operated by or under the jurisdiction of the State Depart ment of Public Health shall be applicable service for the repayment of medical loans and scholarships and that such service shall be retro active; and for other purposes.
2624
JOURNAL OF THE HOUSE,
HR 36-48. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated July 9, 1965, suspending the collection of the tax im posed by the Georgia Retailers' and Consumers' Sales and Use Tax Act attributable to the inclusion of the Federal Manufacturer's Excise Tax in the base of said Sales Tax until the next meeting of the General Assembly; and for other purposes.
HR 37-48. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 29, 1965, 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 38-51. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated May 31, 1965, suspending the collect! n of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on certain tangible personal property purchased outsida the State of Georgia and subsequently brought into this State as a result of the purchaser becoming domiciled herein until the next meeting of the General Assembly; and for other purposes.
HR 39-55. By Mr. Richardson of the 116th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from taxation of all facilities installed for the primary purpose of reducing air or water pollution; and for other purposes.
HR 128-247. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated May 31, 1965, suspending the collection of certain income tax for persons serving in Viet Nam; and for other purposes.
HR 150-304. By Mr. Mauldin of the 18th:
A Resolution authorizing the conveyance of a certain tract of land in Franklin County to Garner D. Crump; and for other purposes.
HR 244-517. By Messrs. Smith, Mitchell and Leonard of the 3rd:
A Resolution declaring certain property of the State surplus, authoriz ing the State Properties Control Commission to sell such property; and for other purposes.
FRIDAY, FEBRUARY 18, 1966
2625
HR 187-399. By Messrs. Overby, Williams and Wood of the 16th:
A Resolution authorizing the conveyance of certain land owned by the State Highway Department; and for other purposes.
The Senate has agreed to the House substitute to the following Bill of the Senate:
SB 56. By Senators Broun of the 46th and Plunkett of the 30th:
A Bill to amend Code Chapter 32-5, relating to the State Superintendent of Schools, as amended, so as to fix the compensation of the State Superintendent of Schools; to exempt the State School Superintendent from the operation of certain acts relating to uniform salaries of cer tain State officials; and for other purposes.
The Senate has discharged the Committee of Conference and agreed to the House amendment to the following Bill of the Senate:
SB 35. By Senators Johnson of the 38th, Maclntyre of the 40th, Wesberry of the 37th and others:
A Bill to amend an Act establishing a new charter for the City of At lanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes.
The Senate agrees to House amendment to the following Bill of the Senate to-wit:
SB 234. By Senators Wesberry of the 37th, Thompson of the 34th 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; and for other purposes.
The Senate has adopted the reports of the Committees of Conference on the following Bills of the House to-wit:
HB 369. By Mr. Lovell of the 6th: To authorize the State Game and Fish Commission to appoint deputy wildlife rangers of the State-at-large.
HB 243. By Mr. Hull of the 104th:
A Bill to revise comprehensively the laws relating to subpoenas and other like processes; and for other purposes.
2626
JOURNAL OF THE HOUSE,
The Senate has agreed to the report of the Committee of Conference on the following Resolution of the House.
HR 274-596. By Messrs. Blalock and Davis of the 33rd:
Proposing an amendment to the Constitution so as to create the Coweta County Development Authority; and for other purposes.
Mr. Busbee of the 79th moved that the House do now adjourn sine die and motion prevailed.
The Speaker announced the House adjourned sine die.
INTERIM COMMITTEE REPORTS
2627
The following Interim Committee reports were received:
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OP REPRESENTATIVES, MEMBERS OP THE GENERAL ASSEMBLY OP GEORGIA AND OTHER INTERESTED PERSONS.
REPORT OF THE BUSINESS TAX STRUCTURE STUDY COMMITTEE
House Resolution No. 305
THE COMMITTEE
Honorable Harry Mixon Representative, Irwin County Chairman
Honorable Sidney Lowrey Representative, Floyd County Member
Honorable Brad Dorminy Representative, Ben Hill County Member
December, 1965
INTRODUCTION:
The Business Tax Structure Study Committee was created pursuant to H. R. No. 305. The Speaker appointed the following members to the Committee: Representatives Harry Mixon of Irwin County, Sidney Lowrey of Floyd County, and Brad Dorminy of Ben Hill County. Representative Harry Mixon was desig nated Chairman of the Committee.
FINDINGS AND CONCLUSIONS:
The scope of the resolution creating the Committee was very broad. The members of the Committee felt that it would be better to study the tax structure of a particular industry rather than try to study the tax structures of all industries in general. Therefore, the members of the Committee selected the forest industry, which is the second largest industry in Georgia, as the subject of their study.
Producing and processing forest products has become "big business" in Georgia, both from the viewpoint of the number of workers involved and the size of the business unit. More than 100,000 Georgians make their livelihood from harvesting, transporting and manufacturing forest products. In 1964, the pulp and paper industry alone employed 14,194 workers and the equivalent of 11,927 full time jobs were provided to persons engaged in the harvest of the pulpwood.
The forest industry produces more than 1 billion dollars of income annually in Georgia. It ranks second in the State, according to value of products, being surpassed only by textile production.
In some Georgia counties taxation of forest lands has become excessive. The entire forest industry is threatened. It is the feeling of the members of the Committee that taxes on forest lands must be kept at a reasonable level
2628
JOURNAL OF THE HOUSE,
if forestry production is to keep pace with the needs of the State's forestry industries.
Georgia's land ownership information from the U. S. Forest Service Resource Bulletin, SE-1, "Georgia's Timber" states: "Nearly 200,000 people own 78% of the Georgia commercial forest land. Over 170,000 of them are farmers owning on the average about 100 acres of woodland and the rest are miscellaneous private owners. Forest industries own 15% and government owns 7%. Whatever the approach needed, the fact remains that for Georgia, a large State with a large share of the best timber growing land in the South, forests are a pillar of the economy. Forestry benefits reach into every city and crossroads."
The relatively low level of property taxes on forest property until recent years has meant that inequities in taxes caused only relatively small differences in net returns, too small to warrant a very vocal complaint.
However, rapid increases in levels of forest property taxes focus attention on inequities arising from inadequate procedures and from the differences found in procedures in the various counties. The increasing level of taxes demands that a more uniform system of assessing forest land be developed and adopted throughout the State.
According to the assessment procedures reported by county officials:
Seventy-seven (77) counties make no distinction between forest and nonforest lands in setting assessed values. (Only twenty-six (26) counties assess timber in such a way that changes in assessment are correlated with actual changes in timber volumes and values.)
Such a lack of conformity to legal requirements and such a lack of uniformity in tax procedures call clearly for a decision to improve the taxation of forest lands.
Georgia is now meeting keen competition from other states and the members of the Committee feel that Georgia is rapidly losing her place as the leader in the forest industry to surrounding states because of inequities and a lack of uniformity in the taxing structure on forest lands.
RECOMMENDATIONS:
The Committee recommends that the Constitution be amended so as to provide that forest lands be taxed on the basis of the productive capacity of the land alone and that the General Assembly of Georgia enact such legislation pursuant to such constitutional amendment as may be necessary to standardize the taxation of forest lands throughout the State.
The Committee wishes to express its appreciation to Dr. L. A. Hargreaves, Jr., Professor of Forestry at the University of Georgia, and his staff for the competent assistance they rendered to the Committee during this study.
Respectfully submitted,
/s/ Harry Mixon Chairman Representative, Irwin County
INTERIM COMMITTEE REPORTS
2629
Is/ Sidney Lowrey Member Representative, Floyd County
/s/ Brad Dorminy Member Representative, Ben Hill County
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OP REPRESENTATIVES, MEMBERS OF THE GENERAL AS SEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.
REPORT OF THE ALCOHOLISM STUDY COMMISSION
Resolution Act No. 66, Approved April 1, 1965 (Ga. Laws 1965, p. 404) (Senate Resolution No. 67)
THE COMMISSION
Honorable Elmo Holt Judge, Juvenile Court of Fulton County Chairman
Honorable Julian Webb Senator, llth District Vice Chairman
Honorable David C. Peterson Representative, Houston County Secretary
Honorable Frank Coggin Senator, 35th District
Honorable Kyle Yancey Senator, 33rd District
Honorable Lamar Knight Judge, Superior Court
Coweta Judicial Circuit Honorable David N. Meyer State Wholesalers, Inc. Atlanta, Georgia
Honorable Charles D. Watkins Representative, Gilnier County
Honorable W. M. Williams Representative, Hall County
Honorable Richard McPhee Principal, West Rome High School Rome, Georgia
Honorable Jack T. Rutledge Sheriff, Muscogee County Columbus, Georgia
Rev. Monroe Swilley, Pastor 2nd Ponce de Leon Baptist Church Atlanta, Georgia
November 30, 1965
2630
JOURNAL OF THE HOUSE,
CONTENTS
I. Introduction ____....________________________________ __,,_,,_____________. II. Conclusions, Recommendations and Comments ----_..--.
A. Creation of a New Alcoholism Study Commission B. Creation of an Interim Committee to Study Alcohol Education
in the Public Schools -----_--_--.-_..-__..___.._,,--.-...-..-___._--..--._.---_-.. C. Implied Consent and Blood Alcohol Tests D. Furnishing Alcoholic Beverages to Minors and the
Possession of Alcoholic Beverages by Minors .--,,.._ E. Local option for municipalities --------___.___--.. F. Alcoholic Rehabilitation __-_--.----------_...------ G. Sale and Control of Alcoholic Beverages .....--.. H. Advertising Alcoholic Beverages --.------.----. I. The Sale of Alcoholic Beverages on Holidays
III. Summary of Recommendations ,,_...__.___...._._..._.. Minority Report __,,__......,,.,,...._.___.__............__ Appendix _______._......._..._......,,........,,__..__,,.
INTERIM COMMITTEE REPORTS
2631
REPORT OF ALCOHOLISM STUDY COMMISSION I.
INTRODUCTION
The Alcoholism Study Commission was created pursuant to S. R. No. 67 adopted by the General Assembly during the 1965 session and approved by the Governor on April 1, 1965 (Ga. Laws 1965, p. 404). The creating resolution provided that the Commission was to be composed of twelve members as follows: Three members of the House of Representatives appointed by the Speaker; three members of the Senate appointed by the Lieutenant Governor, and six non-legis lative members appointed by the Governor--one to be a high school principal; one to be a superior court judge; one to be a peace officer; one to be a juvenile court judge; one to be a representative of the licensed beverage industry; and one to be a minister. The members were duly appointed as provided in the creating resolution and their names and the positions they hold are indicated on the title page of this report.
The Commission held its first organizational meeting on September 29, 1965, at which time officers were elected, and it was decided that the Commission could best carry out its responsibilities under the creating resolution by hearing testimony from persons who were known for their knowledge of and interest in alcoholism and other problems associated with the use of alcoholic beverages. In this connection it should be noted that the creating resolution contained the following provision: "The Commission shall study the problems of beverage alcohol with particular reference to advertising, regulation of sales, mental health, and the relation of alcoholic beverages to highway accidents, domestic problems, juvenile delinquency, and the observance of the laws". In carrying out this plan, the Commission arranged to have the following eminently qualified persons give testimony before the Commission on the dates indicated:
Mr. Charles Methvin, Director Alcoholic Rehabilitation Service A Division of Mental Health Georgia Department of Public Health
Mr. Hiram K. Undercofler Commissioner of Revenue State of Georgia Department of Revenue
Captain J. W. Armstrong Supervisor, Bureau of Safety Responsibility State of Georgia, Department of Public Safety
Honorable Luther Alverson Judge, Superior Court of Pulton County
Honorable Luther C. Hames, Jr. Solicitor General Cobb Judicial Circuit Marietta, Georgia
October 7, 1965 October 7, 1965 October 7, 1965 October 7, 1965 October 14, 1965
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JOURNAL OF THE HOUSE,
Dr. Bernard Holland Head, Department of Psychiatry Emory University School of Medicine
Dr. Clare McKellar President, Georgia Women's Christian
Temperance Union Tifton, Georgia
Honorable Curtis V. Tillman Judge, Juvenile Court DeKalb County, Georgia
Mr. James H. Gammon Chief, Office of School Plant Services Department of Education State of Georgia
Dr. Vernelle Pox Medical Director, Georgian Clinic
Lt. C. J. Strickland Lieutenant in Charge of Vice Squad Detective Bureau, Atlanta Police Department
Mr. Charles Beam Family Counseling Center--Atlanta
Mr. W. Lowry Anderson Executive Secretary Georgia Council on Alcohol Problems
Dr. Joseph Hirsch, Dean Albert Einstein School of Medicine New York, N. Y.
Mr. Jimmy W. Gilmer The State YMCA of Georgia
Mr. Edmund W. Hughes Managing Director Atlanta Traffic and Safety Council
Dr. R. William Knouse Biochemist and Pharmacologist Linden Laboratory
Dr. Herman D. Jones Director, State Crime Laboratory Department of Public Safety
October 14, 1965 October 14, 1965
October 21, 1965 October 21, 1965
October 21, 1965 October 28, 1965 October 28, 1965 November 4, 1965 November 4, 1965 November 12, 1965 November 12, 1965 November 19, 1965 November 19, 1965
The Commission expresses its deepest appreciation to these very able persons who sacrificed their valuable time to appear before the Commission to share their vast knowledge and experience in the field under consideration. The testimony received was of inestimable value to the Commission, and along with the contributions and thoughts of individual members, it helped form the basis for the conclusions and recommendations included in this report.
INTERIM COMMITTEE REPORTS
2633
The plan of the report that follows is to present the conclusions and recom mendations of the Commission in the areas given most consideration, along with a few comments and observations as background information. Much more could be said in each of these areas, but the Commission feels that a relatively brief report could be more easily and adequately considered by the General Assembly. A summary of the recommendations, without any comments, has been provided on page 12 for the convenience of the members of the General Assembly.
II.
CONCLUSIONS, RECOMMENDATIONS AND COMMENTS
A. Creation of a New Alcoholism Study Commission:
The testimony given to the Commission by the persons shown in the Intro duction to this report provides a substantial amount of excellent information on alcoholism and other problems associated with the use of alcoholic beverages, and serves to illustrate the need for further study and analysis in several important areas. As the Commission progressed in its work, it became clear that there are many aspects of alcoholism and the use of alcoholic beverages that could not be adequately considered because of the relatively short time which the Com mission had to complete its study. By way of illustration, some of the many areas that need further study by a new commission are as follows:
1. The needs relating to the type, number and distribution of alcoholic treatment centers or clinics.
2. The chronic alcoholic jail offender.
3. Crime and alcohol.
4. The prevention of alcoholism, which would include an effort to determine the causes of alcoholism and what, if anything, the General Assembly might be able to do to reduce these causes.
As a result of these considerations, the Commission voted unanimously to recommend to the General Assembly that a new Alcoholism Study Commission be created at the next session of the General Assembly which would carry on the work of this Commission. This Commission arranged to reduce all testimony received by it to writing, and the material will be available to the new Commis sion through the Office of Legislative Counsel. This material will serve as an excellent point of departure for continued study by the new Commission and should be fully utilized. The Office of Legislative Counsel has been instructed to maintain sufficient copies of this material for distribution to each member of the new Commission when it is created and begins operation.
Included in the Appendix of this report as Exhibit 1 is suggested language for a resolution creating the new Alcoholism Study Commission. This resolution is based substantially on the resolution which created this Commission with relatively few changes.
B. Creation of an Interim Committee to Study Alcohol Education in the Public Schools:
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JOURNAL OF THE HOUSE,
One specific area which the Commission gave attention to was the area of alcohol education in the public schools. There is a wide variety of opinion among educators, other experts and laymen regarding this particular subject, and this Commission feels that the importance of the subject suggests that it should be a matter for consideration and study by a separate interim committee composed of persons who by background and training would be able to make an extensive study and make appropriate recommendations to the General Assembly upon the completion of that study. While the members of the Commission and the persons who gave testimony on the subject before the Commission were in substantial agreement that there should be an expanded alcohol education program in the public schools, the form and content of such a program, how and when it should be presented, and how teachers could be adequately trained to present such a program are examples of some of the aspects of the subject on which more infor mation is needed and which, in the opinion of this Commission, indicates that it should be a matter for separate study. Accordingly, suggested language for a resolution creating an interim committee to study all matters relating to alcohol education in the public schools is included in the Appendix of this report as Exhibit 2. It should be noted that this proposed resolution provides that the interim committee would work closely with and make its report to the new Alcoholism Study Commission. This provision was included in order to have the Committee take advantage of any information that has been developed by this Commission and to better coordinate the activities of both the Committee and the new Alcoholism Study Commission. There is also a provision, however, to have the Committee make its report directly to the General Assembly in the event a new Alcoholism Study Commission is not created.
C. Implied Consent and Blood Alcohol Tests:
One of the specific areas which the creating resolution charged the Com mission with studying was the "relation of alcoholic beverages to highway ac cidents". The Commission gave considerable attention to this subject, and the testimony given by several persons was concerned primarily with this general
Several persons who appeared before the Commission made strong recom mendations that Georgia adopt an "implied consent" statute, and also amend the Uniform Act Regulating Traffic on Highways to reduce from .15% to .10% the alcoholic content in the blood necessary for a presumption of driving under the influence.
The "implied consent" statute provides that a person operating a motor vehicle on the public streets and highways of the State is deemed to have given his consent to submit to a blood test to determine the alcoholic content in his blood. Such statutes provide that any driver would still have the right to refuse to submit to such test if arrested for driving under the influence, but his re fusal could result in the suspension of his driver's license by following the procedures set forth in the statute, whether or not the accused person was found guilty of the charge of driving under the influence. Sixteen states have adopted "implied consent" statutes, and the constitutionality of such statutes has been tested in several jurisdictions, all of which have upheld the statutes. The "implied consent" statutes have been upheld mainly on the theory that operating a motor vehicle is a privilege and not a right, and that, therefore, it is a legitimate exercise of the police power to place certain restrictions on that privilege in cluding "implied consent" to submit to a blood alcohol test with refusal resulting in the suspension of the driver's license.
INTERIM COMMITTEE REPORTS
2635
With regard to the other area of the relation between highway accidents and the use of alcoholic beverages, several witnesses appearing before the Com mission testified that the amount of alcohol in the blood for a presumption of driving under the influence, which is presently .15% under Georgia law, is too high and should be reduced to .10%. Several states have in fact reduced the amount to .10%. It was also brought to the attention of the Commission bv one witness that the Uniform Vehicle Code includes "implied consent" provisions and provides .10% as the amount of alcohol in the blood for presumption of driving under the influence.
The Commission analyzed the Uniform Vehicle Code in this regard and with no dissenting votes, decided that both proposals should be recommended for adoption by the General Assembly. Included in the Appendix of this report as Exhibits 3 and 4 are copies of the proposed bills which would accomplish these objectives. It should be noted that both proposals could be drafted in the form of one bill which would be an amendment to the "Uniform Act Regulating Traffic on the Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess. p. 556) as amended. The Commission felt, however, that the General Assembly would probably wish to consider each proposal separately which is why two separate bills have been prepared. It should also be noted that if the "implied consent" statute is adopted, consideration should be given to amending Section 47. subsection (b), paragraph 4 of the "Uniform Act Regulating Traffic on Highways" which relates to the procedures for making blood tests and the charges associated therewith. The Commission did not make a determination regarding this matter and feels that it should be considered further by the General Assembly itself.
D. Furnishing Alcoholic Beverages to Minors and the Possession of Alcoholic Beverages by Minors.
The Commission also considered the problems associated with the use of alcoholic beverages by minors and the furnishing of alcoholic beverages to minors. In this connection the Commission noted that Code Section 58-612 seems to have the effect of allowing parents or guardians to furnish alcoholic beverages to minors, inasmuch as the Section prohibits furnishing alcoholic beverages to minors unless written authority from the parent or guardian of the minor is obtained. The Commission feels that the provision relating to written content of parents or guardians should be stricken from Code Section 58-612, which would have the effect of making it unlawful for anyone, including a parent or guardian to furnish alcoholic beverages to any minor. The Commission also noted that Code Ann. Section 58-1061 (Section 15, "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", Ga. Laws 1937-38, Ex. Sess., p. 103, 118) also relates to furnishing alcoholic beverages to minors and to certain other persons, and that while this particular Section provides that the offense of furnishing alcoholic beverages to a minor is a misdemeanor, Code Section 58-612 provides that the offense is a felony. The Commission feels that Code Section 58-612, as the Commission proposes that it be amended, is adequate law in this area, and therefore recommends that the reference to minors be deleted from the applicable Section of the latter law. Included in the Appendix of this report as Exhibits 5 and 6 are copies of proposed bills which would make the necessary amendments to Code Sections 58-612 and Section 15 of the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", (Ga. Laws 1937-38, Ex. Sess., p. 103, 118) to accomplish these objectives.
Another area that the Commission considered with regard to minors was the fact that there is no penalty under existing law to the minor himself for
2636
JOURNAL OF THE HOUSE,
the purchase or possession of alcoholic beverages. In short, the entire burden for the illegal purchase of alcohol by a minor is placed on the retail liquor
dealer, and the Commission believes that some provision should be made in the law that would place a penalty on the minor himself. As a result, the Commission recommends to the General Assembly that an Act be adopted which would provide that it is a violation of the criminal law for a minor to purchase or possess spirituous liquor or any intoxicating beverage or arrange to purchase or possess the same through any scheme or device. The City of Atlanta has an ordinance which makes it unlawful for a minor to purchase or possess alcoholic beverages, but the proposed legislation should also contain a provision to make it unlawful to arrange to purchase or possess alcoholic beverages.
E. Local option for municipalities.
The Commission considered the question as to whether or not the munici palities located within wet counties should have the right to issue or refuse to issue licenses for the sale of spirituous liquor. After considering this matter at some length, all members of the Commission agreed that such municipalities should have this right, and the Commission wishes to go on record as approving a bill which was considered during the 1965 session of the General Assembly which would accomplish this objective. This bill was introduced by Senator Fletcher Thompson of the 34th District and was known as S. B. No. 42 during the 1965 session. A substitute to S. B. No. 42 was introduced, during the 1965 session, and it is the substitute version that the Commission recommends be adopted by the General Assembly of Georgia. The Commission has been advised that this bill will be redrafted for introduction at the 1966 session.
F. Alcoholic Rehabilitation:
As indicated by the list of persons who appeared before the Commission, which is included in the Introduction to this report, the Commission heard testimony from several eminently qualified persons regarding the problems associated with the care and treatment of alcoholics. All of the testimony given to the Commission by these very able persons was of great interest and value to the members of the Commission and covered many aspects of the problems associated with alcoholism. This testimony cannot be summarized here, but it will be available to the new Commission or to interested members of the Gen eral Assembly through the Office of Legislative Counsel. In analyzing this testimony, however, there appears to be some important areas of general agree ment among those appearing before the Commission which might be very briefly summarized as follows:
(1) Alcoholism is an extremely complex field, and while a great deal of knowledge has been gained, there is a serious need for more and expanded re search and for trained personnel.
(2) The State of Georgia is one of the leaders in the field of Alcoholic Rehabilitation but much more could and should be done to continue to make progress in the field.
(3) Generally speaking, the Georgia laws on the subject of alcoholism and fthe commitment, care and treatment of alcoholics, as set forth primarily in
Chapter 88-4 of the Georgia Health Code, are adequate, and the problem is not one of the law but rather the lack of treatment clinics and other facilities and
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the lack of trained personnel to fully carry out what is already possible under, and contemplated by, the present laws.
It was brought to the attention of the Commission that the State of Georgia receives approximately $30 million per year in revenue from the sale of liquor, beer, and wine, while the amount appropriated to the Department of Public Health for operating the Alcoholic Rehabilitation Program is $425,000 per fiscal year. (See General Appropriations Act, Ga. Laws 1965, p. 44, 68). Judge Luther Alverson referred to the amount appropriated to the Alcoholic Rehabilita tion Service as "peanuts" when he appeared before the Commission, and was of the firm opinion that the State was being "penny-wise and pound foolish", be cause much progress could be made in the treatment and rehabilitation of alco holics if the State gave the area the consideration it deserves. Judge Alverson also pointed out that the chronic alcoholic jail offender presents a serious problem to society, and if adequate facilities were available to commit these persons for treatment rather than to jail, substantial progress could be made in rehabilitating these people to become useful tax-paying members of society. Judge Alverson made this statement, among others, concerning this point: "It's costing us a lot more money, in dollars, when we permit these people to go down to "skid row" and not to be useful citizens paying taxes, and to have the Welfare Department to be supporting their children. We're being very uneconomical in not providing this money, because this study right here that I've shown you, (Referring to a report previously discussed with the Commission) that we've had here in At lanta, reduces it 60 per cent--well, reduce these figures that you've just given me, Judge, 60 per cent, and see what you have accomplished. It's simple; it's the best investment you can make."
The Commission is of the opinion that Georgia should continue and expand its lead in the area of alcoholic rehabilitation by more realistic expenditures to provide adequate treatment facilities throughout the State. Dr. Vernelle Fox pointed out that because of a lack of trained personnel in the field of alcoholic rehabilitation, the increased expenditures should be spread out over a period of years so that personnel could be trained to staff the facilities as they are added. It was also pointed out to the Commission that matching Federal funds are available for alcoholic rehabilitation programs, and Georgia should take better advantage of these funds by increased appropriations to the Alcoholic Rehabilitation Service. The Commission recommends, therefore, that the State Department of Public Health give serious consideration in the request for supplemental appropriations to increasing the appropriation to the Alcoholic Rehabilitation Service by $200,000 for the next fiscal year, and that future budget requests further increase the appropriation by $200,000 per fiscal year until the appropriation to the Alcoholic Rehabilitation Service reaches at least $1 million per fiscal year.
G. Sale and Control of Alcoholic Beverages:
The Commission did not consider the matter of State-owned and operated liquor stores as opposed to privately owned and operated liquor stores and has no opinion as to whether one method of control is better or more desirable than the other. Indeed, the Commission recognized that this is an area that would need detailed study before an intelligent recommendation could be made, but it did not feel that it should make a recommendation that the subject be studied, be cause this is a question that more properly addresses itself to the General As sembly. Inasmuch as the Commission is making a recommendation that a new
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Commission be created, however, and the new Commission would have an op portunity to study this subject, the majority of the members of the Commission recommends to the General Assembly that it consider whether or not the new Commission should be given a legislative directive to study the matter of Stateowned liquor stores as opposed to privately owned liquor stores.
H. Advertising Alcoholic Beverages:
The Commission gave considerable attention to the question as to whether or not the advertisement of alcoholic beverages, including beer, in the newspapers and on radio and television, should be prohibited, and a majority of the members feel that such advertisement should be prohibited as far as possible and recom mends to the General Assembly that appropriate legislation be adopted to carry out this objective. The majority is aware of the various arguments against this proposal and feels that they are not persuasive. The majority believes the con tention that advertisement merely amounts to competition among brands and does not increase consumption is particularly without substance, because con sumption has increased and continues to increase. Insofar as the problem of alcoholism is concerned, it seems to be a strange inconsistency to the majority that while the goal in the treatment of alcoholics is total abstinence, the person undergoing treatment is constantly bombarded on every side with advertisements seeking to persuade him to do the very thing he must not do. The majority of the Commission does not think that the prohibition of the advertisement of alcoholic beverages will cause a sudden dramatic decrease in the consumption of alcoholic beverages, but it is firmly believed by the majority that the long range results of prohibiting advertising will lead to a decrease in consumption and will have other beneficial results for the citizens of Georgia, and particu larly the youth of our State.
I. The Sale of Alcoholic Beverages on Holidays:
The Commission considered the question of the sale of alcoholic beverages on holidays, and the majority believes that such sale should be prohibited by law on all major holidays, and recommends to the General Assembly that legislation be adopted to prohibit the sale of all alcoholic beverages, including beer and wine, on the following holidays: The first day of January known as "New Year's Day"; the 26th day of April known as "Memorial Day"; the 4th day of July known as "Independence Day"; the first Monday in September known as "Labor Day"; the llth day of November known as "Veterans Day"; the 4th Thursday in November known as "Thanksgiving Day"; and the 25th day of December known as "Christmas Day".
III.
SUMMARY OF RECOMMENDATIONS
1. That the Commission propose a resolution for adoption by the General Assembly which would create a new Alcoholism Study Commission to carry on the work of this Commission. (Appendix, Exhibit 1)
2. That the Commission propose a resolution for adoption by the General Assembly which would create an interim committee to study all problems relating to the teaching of alcohol education in the public schools. (Appendix, Exhibit 2)
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3. That the Commission propose a bill for adoption by the General Assembly which would be substantially based on the provisions of the Uniform Vehicle Code relating to "implied consent" to submit to chemical tests to determine alco holic content of the blood. (Appendix, Exhibit 3)
4. That the Commission propose a bill for adoption by the General Assembly which would amend the present law to reduce the alcoholic content of the blood from .15% to .10% as the amount necessary for a presumption of driving under the influence. (Appendix, Exhibit 4)
5. That the Commission propose bills for adoption by the General Assembly which would amend Code Section 58-612 relating to furnishing liquor to minors by striking from said Section the following language "without first obtaining written authority from the parent or guardian of said minor", and which would also amend Section 15 of the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" (Ga. Laws 1937-38, Ex. Sess. p. 103, 118) relating to sales to minors and intoxicated persons by striking from said Section the follow ing language, "to any minor". (Appendix, Exhibits 5 and 6)
6. That the Commission recommend to the General Assembly that it investi gate and consider the passage of an Act whereby it is made a violation of the criminal law for a minor to purchase or to possess spiritual liquor or any intoxicating beverage or arrange to purchase or possess the same through any scheme or device.
7. That the Commission go on record as approving and recommending to the General Assembly the passage of the substitute to S. B. No. 42 introduced during the 1965 session by Senator Fletcher Thompson of the 34th District which would allow a municipality located within a wet county to hold a referen dum to determine whether said municipality would allow the granting of liquor licenses for the sale of spirituous liquor.
8. That the Commission recommend to the State Department of Health that serious consideration be given to increasing the appropriation to the Alcoholic Rehabilitation Service by $200,000 annually until it reaches at least $1 million annually.
9. That the Commission recommend to the General Assembly to consider whether or not the new Alcoholism Study Commission should make an investiga tion relating to State-owned liquor stores as opposed to privately-owned liquor stores. This recommendation was adopted by the Commission by a vote of 5 to 2.
10. That the Commission recommend to the General Assembly that a bill be passed to prohibit the advertising of alcoholic beverages. This recommenda tion was adopted by the Commission by a vote of 5 to 2.
11. That the Commission recommend to the General Assembly that it pass a bill which would prohibit the sale of all alcoholic beverages on the following holidays: The first day of January known as "New Year's Day"; the 26th day of April known as "Memorial Day"; the 4th day of July known as "Independence Day"; the first Monday in September known as "Labor Day"; the llth day of November known as "Veterans Day"; the 4th Thursday in November known as "Thanksgiving Day"; and the 25th day of December known as "Christmas Day". This recommendation was adopted by the Commission with one opposing vote.
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MINORITY REPORT By David N. Meyer
A Member of the Alcoholism Study Commission
To the Chairman:
As a member of the Alcoholism Study Commission, I was in general agree ment with the recommendations approved by a majority of the members. Two of the proposals, however, I could not accept because I believe they would be discriminating and serve no realistic purpose. Thus I feel it necessary to submit this minority report.
These two proposals are the recommendations that:
a. All advertising of alcoholic beverages in newspapers and on radio and television be prohibited; and
b. That the prohibition against the sale of liquor on holidays be increased to seven instead of the prevailing two days.
With regard to the recommendation on advertising the following facts are to be considered:
1. The Commission heard the testimony of many experts in the field of medicine, social science, government, and others. The preponderance of the expert testimony and opinion was to the effect that advertising in itself does not induce excessive drinking, nor would it have any effect on alcoholism. In dis cussing "alcoholism", the subject of the study, we must keep in mind that the word refers to a sickness or disease and not to the mere consumption of alcoholic beverages. The majority of adults use such beverages but only a small percent age ever become alcoholics, and in these instances it appears that the actual cause stems from external emotional upsets. The statements of the expert witnesses filled several volumes of testimony; hence, it would be impractical to try to quote them here; any citizen, however, is at liberty to study them for himself. The consensus was that advertising had no known bearing on the problem.
2. There are already many restrictions on advertising of distilled spirits. All advertising must conform to federal requirements and in addition under Georgia law must be approved by the State Revenue Commissioner in advance of publication. State laws or regulations prohibit; advertising of distilled spirits on television and radio (which is also prohibited under the broadcasters code) and in Sunday newspapers; publications of prices; distribution of gifts or sam ples; use of billboards or movie trailers. No wholesaler or retailer may advertise his product, location or name. In other words, all liquor advertising carries only the name of the producer.
3. The national advertising of distilled spirits appears in most of the popu lar magazines and nationally-distributed newspapers and thus is freely circu lated in this state. Obviously it would be impossible to keep Life magazine or any other publication out of Georgia or to permit the circulation only of copies from which advertising had been deleted. Furthermore, since those magazines are in interstate commerce they cannot be regulated by laws passed by the State of Georgia or any other state.
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4. Beer and wine advertising are carried on network radio and television stations. However, the local stations with network affiliations are in interstate commerce and the national programs and commercial announcements likewise cannot be regulated by local legislation. State law might be able to prohibit local stations from carrying local announcements, but this would unfairly pen alize small stations in favor of the larger, network stations, and in favor of other stations in neighboring states. An advertiser would reach the South Georgia listening audience from stations in Jacksonville, Tallahassee and other Florida cities if he were unable to spend the money locally. The same situation would be true in other sections of the State.
5. While the Study Commission is not particularly interested in the reve nues of advertising media as such, it would appear to be a disservice to Georgia to deprive the state of millions of dollars of advertising revenue to no purpose. This money finds its ways into the pay envelopes of employees, into the bank accounts of suppliers of goods and services, and into the tax funds which pay for state and local government. It is my opinion, also that in these matters the expert opinion of media people should be evaluated.
6. The alcoholic beverage industry represents an investment of billions of dollars and in proportion to its size pays more taxes to support national and state governments than any other. It is fully recognized as a legitimate enter prise and as such should have the right to advertise its products. The fact that it is bad for some people is not sufficient reason to try to suppress it. Auto mobiles kill about 40,000 people a year, yet no one suggests suppressing them or their advertising or even limiting speeds of which they are capable to 70 miles an hour.
7. To repeat, the most important consideration is the fact that most of the expert witnesses saw no connection between advertising and alcoholism. It is generally agreed that what is needed to combat this illness is more and better education; that is, more money to provide better training for physicians, social workers, technicians, and badly needed additional treatment facilities.
My other minority report deals with closing of liquor stores on holidays. At present the stores are required to close on Thanksgiving and Christmas and on Sundays. These are religious holidays and certainly the stores should be closed. Closing on election day serves little purpose, but I will not make any objection to the law. As for closing on New Year's, Memorial Day, Fourth of July, Labor Day and Veterans Day, no benefit would accrue to anyone and disadvantages would arise.
1. Few Georgians would be deprived of alcoholic beverages because of these one-day closings. They would simply purchase their requirements the day before as they do now on the days before elections. The people who would be incon venienced would be the visitors in our midst, the tourists passing through, outof-state businessmen, convention delegates and those attending cultural and sporting events. Many Georgia cities derive large sums each year from conven tions and other functions; indeed, the large and beautiful, elaborate new motels and hotels rising all around us are paid for by visitors; and it may be noted that the building of them was not begun until the owners were given reasonable assur ance that they could serve alcoholic beverages. The more restrictions on alcoholic beverage sales, the less attraction Georgia has for convention visitors, tourists and also for new industries looking for locations in this section.
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2. With the present mandatory closing days, alcoholic beverage stores are already more restricted as to days and hours of sale than any other business. Filling stations, restaurants, drug stores, moving picture theatres, radio stations, television stations, curb service food stores, plant nurseries and others stay open 365 days a year if they wish and some of them stay open 24 hours a day. Only the alcoholic beverage stores have to close while the voters decide whether they want to authorize bonds to pay for laying a mile of sewer line.
3. In the Atlanta Journal of Wednesday, December 8, less than a week ago, the following news item appears: "An all-electric, giant distillery capable of producing enough bootleg whiskey to cheat the state and federal governments of $65,000 to $75,000 a week was seized about midnight Tuesday in Franklin County . . . Officers on the scene said the still was capable of producing more than 600 gallons of liquor a day." This is only one of thousands of stills being destroyed in Georgia each year. It is not purported to be the largest, but is only cited here because it happened only a few days ago. Atlanta is called the bootleg capital of the world and justifiably so. Moonshine is produced under such un sanitary conditions as to be unfit for consumption and in many cases is down right poisonous. Yet tens of thousands of people drink it because it is cheaper than legal whiskey and because the conditions of sale are unrestricted and the outlets are unregulated. Surely these traffickers in illegal and poisonous moon shine do not observe election days, Sundays, religious or other holidays. Cer tainly no Commission whose findings would increase the advantages which moon shine already enjoys over regulated, taxpaid liquor is doing the state or its citi zens a service.
4. Georgia is beginning to emerge from the provincialism of the past. The state is already "big league" in professional football and baseball. It is moving to the forefront of business, finance and industry and is making progress in education, science and the arts. It would be a serious mistake for us to take a backward step which would surely alienate the highly trained and skilled people who have contributed and are continuing to contribute to the progress of our state.
I trust this minority report will be considered as a sincere and constructive effort to make the Commission's recommendations realistic and more acceptable.
Eespectfully submitted, /s/ David N. Meyer
APPENDIX EXHIBIT 1. A RESOLUTION
Creating the Alcoholism Study Commission; and for other purposes.
WHEREAS, there are approximately 75,000 persons in Georgia who are presently classified as alcoholics; and
WHEREAS, persons under the influence of alcohol are involved in an abnormally high percentage of traffic accidents; and
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WHEREAS, the incidence of crime by persons under the influence of alcohol is very high; and
WHEREAS, alcoholim is recognized as an illness and public health prob lem affecting the general welfare and economy of the State; and
WHEREAS, alcoholism is an illness which can be treated, and the sufferers of alcoholism can be rehabilitated through proper treatment; and
WHEREAS, the Alcoholism Study Commission created by Senate Resolu tion 67 adopted at the 1965 session of the General Assembly (Ga. Laws 1965, p. 404) was abolished on December 1, 1965; and
WHEREAS, the work of that Commission should be continued because there are many areas concerning alcohol and alcoholism that need further study as evidenced by the testimony received by that Commission and the report submitted to the General Assembly by said Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEM BLY OF GEORGIA that there is hereby created the "Alcoholism Study Commis sion". The Commission shall be composed of twelve (12) members as follows: three (3) members of the House of Representatives, to be appointed by the Speaker; three (3) members of the Senate, to be appointed by the President; and six (6) members, one (1) of whom shall be a high school principal, one (1) of whom shall be a superior court judge, one (1) of whom shall be a peace officer, one (1) of whom shall be juvenile court judge, one (1) of whom shall be a rep resentative of the licensed beverage industry, and one (1) of whom shall be a minister, to be appointed by the Governor. The Commission shall be authorized to study all problems associated with alcoholism and the use of alcoholic bever ages. By way of illustration and not of limitation, said Commission shall be authorized to study the problems associated with alcoholic beverages with par ticular reference to advertising, regulation of sales, mental health and the relation of alcoholic beverages to highway accidents, domestic problems, juvenile delinquency and the observance of laws. The members of the Commission shall be appointed within sixty (60) days after the approval of this resolution by the Governor or after it otherwise becomes law. The members shall meet within thirty (30) days after all members have been appointed for the purpose of organizing, electing such officers as deemed advisable, and adopting the pro cedures for the operation of the Commission.
BE IT FURTHER RESOLVED that in order to make such inquiries, studies and investigations as may be necessary to effectively carry out the purposes of this resolution, said Commission is hereby authorized to employ the services of court reporters, stenographic reporters and secretarial assistants as may be deemed necessary by said Commission. The compensation or fees of such personnel shall be fixed and approved by the Commission.
BE IT FURTHER RESOLVED that the members of the Commission 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 fifteen (15) days. The superior court judge shall be paid from the same funds from which he is otherwise compensated, but all other mem bers of the Commission shall be paid from the funds appropriated to or other wise available to the legislative branch of the government. All other funds which
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are necessary to carry out the provisions of this resolution, shall come from the funds appropriated to or otherwise available to the legislative branch of the government. Provided, however, no funds shall be paid to members of the Com mission for travel outside the State of Georgia. The Commission shall make report of its findings and recommendations, which report shall be accompanied by such proposed legislation as may be recommended by the Commission. Such report shall be made on or before December 1, 1966, on which date the Commis sion shall stand abolished.
EXHIBIT 2
A RESOLUTION
Creating the Alcohol Education Study Committee; and for other purposes.
WHEREAS, the problem of alcoholism has become a serious menace to the health and productivity of many thousands of Georgians; and
WHEREAS, factual information on this problem should be brought to the attention of the young people of our State; and
WHEREAS, there are many questions that should be studied concerning the form and content and methods for best presenting a program of alcohol educa tion in the public schools.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEM BLY OF GEORGIA that there is hereby created the Alcohol Education Study Committee to be composed of twelve members as follows: Two members of the House of Representatives to be appointed by the Speaker; two members of the Senate to be appointed by the Lieutenant Governor; two members from the State Department of Education to be appointed by the State Superintendent of Schools; one superintendent of a local school system to be appointed by the Governor; one member of the Georgia Parent Teachers Association to be appointed by the Governor; one high school principal to be appointed by the Governor; one senior high school teacher to be appointed by the Governor; one junior high school teacher to be appointed by the Governor; and one citizen of the State to be appointed by the Governor.
BE IT FURTHER RESOLVED that the Alcohol Education Study Committee shall be authorized to study all matters relative to the most feasible and effec tive method of educating the junior and high school age population regarding alcohol, alcoholism, and all problems associated therewith. By way of illustra tion and not of limitation, said committee shall be authorized to consider the following specific areas:
1. Support of the Georgia Secondary Principals Association and the Georgia Association of School Administrators to secure statewide promotion and imple mentation of an educational program regarding the use of alcoholic beverages.
2. Establishment of regional graduate credit workshops at various colleges to teach the most effective method of instruction and to provide the specially trained persnnel for teams to conduct an in-service program.
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3. Adequate teacher scholarships for workshop study.
4. A statewide in-service program for all teachers of grades 7-12 under the leadership of trained teams who will work with teachers, give demonstrations and lectures.
5. Effective and appropriate supplementary materials for instruction use in the schools.
6. The most effective and appropriate course area and age level for such a program.
7. Use of educational television.
8. Cost of establishing and implementing an adequate program of education regarding alcoholism.
BE IT FURTHER RESOLVED that the members 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 ten (10) days per member; provided, however, that the two members from the State Department of Education shall not be entitled to compensation, per diem, expenses and allowances for service on said committee. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated to or otherwise available to the legislative branch of government.
BE IT FURTHER RESOLVED that said committee shall work closely with and coordinate its work with the Alcoholism Study Commission and shall make a report of its findings and recommendations to said Commission on or before November 15, 1966; provided, however, that in the event the Alcoholism Study Commission is not created, said committee shall make a report of its findings and recommendations to the General Assembly on or before December 1, 1966, on which date the committee shall stand abolished.
EXHIBIT 3
A BILL
To be entitled an Act to amend an Act known as the "Uniform Act Regulat ing Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess. p. 556), as amended, particularly by an Act approved March 9, 1956 (Ga. Laws 1956, p. 674), so as to provide that any person who operates a motor vehicle in this State shall be deemed to have given his consent to a chemical test of his blood, breath or urine for the purpose of determining the alcoholic content of his blood; to provide that the Department of Public Safety may suspend the license of any person refusing to submit to such a test under certain conditions; to provide for hearing and appeal; to provide for the procedures 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 known as the "Uniform Act Regulating Traffic on High ways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess. p. 556), as
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amended, particularly by an Act approved March 9, 1956, (Ga. Laws 1956, p. 674), is hereby amended by adding immediately after Section 47 a new Section to be designated Section 47A to read as follows:
"Section 47A. Revocation of license in event of refusal to submit to chemical tests.
(a) Any person who operates a motor vehicle upon the public highways of this State shall be deemed to have given consent, subject to the provisions of Section 47 of this Act, to a chemical test or tests of his blood, breath, or urine for the purpose of determining the alcoholic content of his blood if arrested for any offense arising out of acts alleged to have been com mitted while the person was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor. The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle upon the public highways of this State while under the influence of intoxicating liquor. The law enforcement agency by which such officer is employed shall designate which of the aforesaid tests shall be administered. If a person under arrest refuses to submit to a chemical test as provided herein, evidence of such refusal shall not be admissible in any criminal action or proceeding against such person.
(b) Any person who is dead, unconscious or who is otherwise in a con dition rendering him incapable of refusal, shall be deemed not to have with drawn the consent provided by subsection (a) of this Section and the test or tests may be administered, subject to the provisions of Section 47 of this Act.
(c) If a person under arrest refuses upon the request of a law enforce ment officer to submit to a chemical test designated by the law enforcement agency as provided in subsection (a) of this Section, none shall be given, but the Department of Public Safety, upon the receipt of a sworn report of the law enforcement officer that he had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon the public highways of this State while under the influence of intoxicating liquor and that the person had refused to submit to the test upon the request of the law enforcement officer and that the person was advised of the possible consequences of his refusal to take such test, shall suspend his license or permit to drive, or any non-resident operating privi lege for a period of six months, or if the person is a resident without a license or permit to operate a motor vehicle in this State, the Department of Public Safety shall deny to the person the issuance of a license or permit for a period of six months after the date of the alleged violation, subject to review as hereinafter provided.
(d) Upon suspending the license or permit to drive or non-resident operating privilege of any person, or upon determining that the issuance of a license or permit shall be denied to the person as hereinbefore in this Section directed, the Department of Public Safety shall immediately notify the person in writing and upon his request shall afford him an opportunity for a hearing in accordance with the provisions of the Georgia Administra tive Procedure Act as now or hereafter amended, except that the scope of such hearing for the purposes of this Section shall cover the issues of (1) whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor
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vehicle upon the public highways of this State while under the influence of intoxicating liquor; (2) whether the person was placed under arrest; (3) whether he refused to submit to the test upon request of the officer; and (4) whether the person was informed that his privilege to drive would be suspended or denied if he refused to submit to the test. The Department of Public Safety shall order that the suspension or determination that there should be a denial of issuance either be rescinded or sustained.
(e) Any person who is a party to a proceeding and who is aggrieved or adversely affected by the final order of the Department of Public Safety may have review thereof by appeal to the superior court in the county in which the action arose or to the superior court of Fulton County, such appeal and judicial review shall be in accordance with the provisions of the Georgia Administrative Procedure Act as now or hereafter amended.
(f) When it has been finally determined under the procedures of this Section that a non-resident's privileges to operate a motor vehicle in this State has been revoked the Department of Public Safety shall give informa tion in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
EXHIBIT 4
A BILL
To be entitled an Act to amend an Act known as the "Uniform Act Regu lating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dee. Sess., p. 556), as amended, particularly by an Act approved March 9, 1956 (Ga. Laws 1956, p. 674), so as to change the provisions relating to the amount of alcohol in the blood as evidence that the defendant was or was not under the influence of intoxicating liquor; 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, particularly by an Act approved March 9, 1956, (Ga. Laws 1956, p. 674), is hereby amended by striking Article V, Section 47, Subsection (b) in its entirety and substituting in lieu thereof a new Subsection (b) to read as follows:
"(b) In any criminal prosecution for a violation of Subdivision (a) of this section relating to operating or driving a vehicle while under the influ ence of intoxicating liquor, the amount of alcohol in the defendant's blood, urine, breath, or other bodily substance shall give rise to the following rebuttable presumptions; provided, however, that the failure of such arrested person to demand such a test or to consent to such a test shall not be ad mitted in evidence in the trial of such person:
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1. If there was at that time 0.05 percent or less by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor;
2. If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant;
3. If there was at that time 0.10 percent or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of intoxicating liquor;
4. Any person who is arrested for driving or operating a vehicle while under the influence of intoxicating liquor shall have the right to demand a blood test to determine the amount or weight of alcohol in his blood, and it is mandatory upon the officials in whose custody he shall have been placed after arrest to have such a blood test made immediately after demand by the arrested person, provided the facilities for making such a test are avail able in the county of his confinement. The Director of Public Safety shall designate one or more physicians or certified hospital technicians for each county to perform such tests upon the request of any person so arrested. The costs of such test shall be borne by the person so arrested and shall be only the actual costs but in no event more than $10.00.
5. The foregoing provisions of this subdivision shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxi cating liquor.
6. Nothing in this Act shall be construed as requiring any person to take such examination against his wishes".
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
EXHIBIT 5
A BILL
To be entitled an Act to amend Code Section 58-612 relating to furnishing liquor to minors as amended by an Act approved December 21, 1953 (Ga. Laws 1953, p. 283), so as to delete from said Section the provisions relating to obtaining written authority from the parent or guardian; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 58-612 relating to furnishing liquor to minors, as amended by an Act approved December 21, 1953 (Ga. Laws 1953, Nov.-Dec. Sess.) is hereby amended by striking from said Section the following:
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"without first obtaining written authority from the parent or guardian of said minor."
so that when so amended Code Section 58-612 shall read as follows:
"58-612. Furnishing liquor to minors.--Any person who knowingly, by himself or another, shall furnish or cause to be furnished or permit any other person in his employ to furnish any minor spirituous or intoxicating or malt liquors shall be guilty of a felony and shall be punished by confine ment and labor in the penitentiary for not less than one year nor more than five years."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
EXHIBIT 6.
A BILL
To be entitled an Act to amend an Act known as the "Revenue Tax Act to legalize and control alcoholic beverages and liquors" approved February 3, 1938 (Ga. Laws 1937-38 Ex. Sess., p. 103) as amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 199) and by an Act approved January 30, 1964 (Ga. Laws 1964, p. 62) so as to delete from a provision of said Act relating to the furnishing of alcoholic beverages to certain persons the reference to furnishing alcoholic beverages to a minor; to repeal conflicting laws and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act to amend an Act known as the "Revenue Tax Act to legalize and control alcoholic beverages and liquors" approved February 3, 1938 (Ga. Laws 1937-38 Ex. Sess., p. 103) as amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 199) and by an Act approved January 30, 1964 (Ga. Laws 1964, p. 62) is hereby amended by striking from Section 15 the following:
"to any minor,"
so that when so amended Section 15 shall read as follows:
"Section 15. Any person who by himself or another shall furnish or cause to be furnished or permit any person in his employ to furnish alcoholic, spirituous liquors, or beverages to any person who is noticeably intoxicated, or to any habitual drunkard whose intemperate habits are known to such person, shall be guilty of a misdemeanor, and upon conviction, shall be pun ished as for a misdemeanor. That no female shall be allowed to work in any liquor store as hostess, bar maid or in any manner whatsoever."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Respectfully submitted,
/s/ Elmo Holt Elmo Holt, Chairman Judge, Juvenile Court of Fulton County
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/s/ Julian Webb Julian Webb, Vice Chairman Senator, llth District
/s/ David C. Peterson David C. Peterson, Secretary Representative Houston County
/s/ Frank Coggin Frank Coggin, Member Senator, 35th District
/s/ Kyle Yancey Kyle Yancey, Member Senator, 33rd District
/s/ Charles D. Watkins Charles D. Watkins, Member Representative, Gilmer County
/s/ W. M. Williams W. M. Williams, Member Representative, Hall County
/s/ Lamar Knight Lamar Knight, Member Judge, Superior Court Coweta, Judicial Circuit
/s/ David N. Meyer David N. Meyer, Member State Wholesalers, Inc. Atlanta, Georgia
/s/ Richard McPhee Richard McPhee, Member Principal, West Rome High School Rome, Georgia
/s/ Jack T. Rutledge, Member Sheriff, Muscogee County Columbus, Georgia
/s/ Rev. Monroe Swilley Rev. Monroe Swilley, Member Pastor, 2nd Ponce de Deon Baptist Church Atlanta, Georgia
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2651
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OP REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.
December 22, 1965
REPORT OF COMMITTEE CREATED TO STUDY AUTO THEFT Senate Resolution No. 86
THE COMMITTEE
Honorable Paul C. Broun Senator, 46th District, Chairman Honorable Render Hill Senator, 29th District Vice-Chairman Honorable S. Fletcher Thompson Senator, 34th District Secretary
Honorable Kenneth Kilpatrick Senator, 44th District Member Dr. J. Albert Minish Senator, 48th District Member Honorable William A. Searcey Senator, 2nd District Member
HISTORY OF THE COMMITTEE
Pursuant to SR 86, the Honorable Peter Zack Geer, Lieutenant Governor, appointed the above-mentioned members to the Interim Senate Study Committee on Auto Theft. The Committee was charged to investigate the auto theft situation throughout the State and to make recommendations for legislation to curb auto theft within Georgia.
OPERATIONS OF THE COMMITTEE
After initially being allocated ten (10) meeting days, the Committee later received an additional five (5) days in which to complete its work. The organiza tional meeting of the Committee was held on July 19, 1965, in the State Capitol, at which time Senators Render Hill and Fletcher Thompson were elected to the posts of Vice-Chairman and Secretary respectively, and a quorum of four (4) members for the transaction of Committee business was established.
I. Meetings. In order to acquaint themselves with the problems inherent in a study of auto thefts in Georgia and to propose legislation to curb this offensive drain on the pocketbooks of Georgians, the Committee invited numerous persons to appear before it and give testimony. A list of these presons and the depart ments of organizations which they represent is as follows:
A. Meeting of July 19, 1965. 1. Department of Revenue: a. Honorable Hiram Undercofler, Commissioner b. Honorable Martin B. Roberts, Deputy Commissioner. 2. Comptroller-General's Office: a. Honorable James L. Bentley, Comptroller-General.
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3. Solicitor-General's Office, Atlanta Judicial Circuit: a. Honorable Lewis Slaton, Solicitor-General, b. Honorable Carter Goode, Assistant Solicitor-General.
4. Department of Public Safety: a. Col. H. L. Conner, Director of the Department. b. Maj. Barney Ragsdale, Director, Georgia Bureau of Investigation.
5. Atlanta Police Department; Lieutenant A. L. Posey, currently as signed to the State Auto Theft Squad.
B. Meeting of August 26, 1965.
1. National Automobile Theft Bureau; Mr. Julian Clarke.
2. National Automobile Underwriter's Association; Mr. W. P. Trawick, Branch Secretary.
3. American Mutual Insurance Alliance; Mr. J. D. Pumphrey, Manager, Southeastern Office.
4. Georgia Bureau of Investigation; Mr. R. J. Cleghorn.
5. Federal Bureau of Investigation: a. Mr. Joseph K. Ponder, Agent in Charge; b. Mr. Bill Andrews, Agent; c. Mr. Tom Mitchell, Agent.
C. Meeting of August 27, 1965.
1. Representatives from Automobile Manufacturers; a. General Motors: Mr. Roy P. Trowbridge, Engineering Staff and Chairman of the Automobile Manufacturers Association's Com mittee on Motor Vehicle Identification; b. Ford Motor Company: Mr. J. R. Golden.
2. Automobile Manufacturers Association: Mr. Charles Clynick, South ern State Representative.
3. American Association of Motor Vehicle Administrators: Mr. E. J. Amey.
4. National Highway Users Conference: Mr. Clinton Brush, Regional Representative.
D. Meeting of September 17, 1965.
1. Piedmont Judicial Circuit: a. Honorable Mark Dunahoo, Judge; b. Honorable Floyd G. Hoard, Solicitor-General; c. Honorable L. G. Perry, Sheriff, Jackson County.
E. Meeting of October 28, 1965.
1. Georgia Independent Automobile Dealers Association, Inc.: Mr. "Ski" Bashinski, Executive Director.
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2. Georgia Automobile Dealers Association: a. Mr. L. L. Austin, Executive Director; b. Mr. Wesley Slate, Chairman of the Public Affairs Committee; c. Mr. Harmon Born, member of the Public Affairs Committee.
3. Georgia Automobile and Truck Wreckers Association: a. Mr. Gene Tilley, owner, Crest Auto Parts; b. Mr. Frank Lanter, Georgia Auto Parts.
The last few meetings of the Committee were concerned with deliberations and the drafting of several pieces of legislation which the Committee felt would go far in reducing auto thefts. This legislation will be mentioned more specifically under The Committee's Recommendations.
II. Special Projects.
A. The Committee requested the Office of Legislative Counsel to correspond with each state in regard to its motor vehicle theft laws. A compilation of the results of this survey appears at the end of this report.
B. The Committee wrote to every Superior Court judge, solicitor-general, sheriff and chief of police in the larger metropolitan areas soliciting proposals and suggestions for the purpose of further reducing the number of auto thefts in Georgia. The response from these officials was included in the Committee's de liberations, findings and recommendations.
FINDINGS BY THE COMMITTEE
As a result of its investigations, the Committee finds the following: I. Magnitude of the Problem. Automobile Theft is one of the fastest grow ing crimes in the nation today.
A. Nationally.
1. The loss to the public last year was 462,971 motor vehicles with a total value of $432,000,000.00.
2. Average loss represented: $927.00. 3. At the present rate of increase, the year 1973 will record the theft of 1,000,000 motor vehicles.
4. Figures released last month by the N.A.T.B. report a twelve percent increase in auto thefts over last year.
B. Georgia.
1. Last year almost 10,000 motor vehicles with a value of $8,000,000.00, or one out of every 155 cars registered was stolen. As an example, in 1960, 2,581 motor vehicles were stolen in Atlanta. By 1964, this figure had jumped to over 4,000.
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2. While the percentage of vehicles recovered is 90%, the percentage of recovery in Georgia is only 71%.
II. The Thief Who Steals Motor Vehicles.
A. Age. Over two-thirds of motor vehicle thefts are the result of the juvenile under the age of eighteen taking the vehicle for a "joy ride". The remaining thefts are the result of professional automobile thieves.
B. Consequences of the Theft. In the main, the loss to the public as a result of a stolen motor vehicle in the first category is not very large. Since the vehicle is taken for a "joy ride", it is usually recovered practically intact; how ever, the second category is much more serious in Georgia today. A vehicle taken by a professional thief is totally stripped of all parts and then abandoned or burned and results in a total loss. In 1963, insurance companies in Georgia paid out $1,865,791.00 because of automobile thefts. This was 47.8% of all monies paid from a comprehensive loss. This figure is now in excess of 50% and in the counties of Fulton and DeKalb almost 70% of comprehensive loss payments. One can easily see how much worse this problem is in Georgia than in other southeastern states by comparing the dollar loss as a percentage of the total comprehensive loss paid in these states.
State
Georgia Florida Alabama South Carolina Tennessee Arkansas Mississippi
1963 THEFT LOSS RESULTS
Theft Losses Paid*
Percentage of all Comprehensive Losses Paid
$1,865,791.00 594,482.00 272,083.00 185,942.00 629,023.00 92,717.00 95,422.00
47.8% 22.5% 18.6% 15.8% 27.9%
5.7% 4.8%
*The above reflects only insurance losses of companies belonging to The National Automobile Underwriters Association.
As an additional problem, while the percentage of recovered vehicles is 90% nationally, it is only 71% for Georgia.
C. Disposition of the Goods. There are several methods employed by the thief in disposing of the stolen properties:
1. This crime is so highly sophisticated that an auto thief tours a city making notations of current automobiles, their colors, descriptions, and other data. He will receive an order for a vehicle and then search his cards and find where such a vehicle is located. He will then go out and steal the car.
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2. Paper bag salvage. The thief will purchase wrecked motor vehicles. He will then find a car that matches the description of the wrecked vehicle. He then steals the car with the same description as the wrecked vehicle and swaps the vehicle identification numbers from the wrecked vehicle to the stolen vehicle and presents the stolen vehicle as the wrecked car which has been rebuilt.
3. When time is of the essence, the thief will merely steal the major components such as motors, transmissions, seats, wheels and other easily removable parts. He will then either sell the parts as used motor vehicle parts or use them on a car he has either rebuilt or is in the process of re building. Since these parts usually are not numbered, the possibility of tracing them or recovering them and proving them to be stolen is almost nil.
D. The Auto thief in Georgia today represents the closest example of organ ized crime on a statewide basis. The thieves know who their corresponding num ber in other towns are and from a loose organization swapping cars, parts, and information with each other.
III. Why Auto Theft is Increasing so Rapidly.
A. Public apathy. The public has been extremely apathetic in caring for their own property. This apathy manifests itself in the careless leaving of un attended motor vehicles to such an extent that 90% of the cars stolen were left unlocked and almost 40% were left with the key in the ignition.
B. Easy Disposition. As has previously been mentioned, the parts are very easily disposed of since they generally contain no numbers which could identify them as stolen parts. This is primarily the fault of the manufacturers but this area will be discussed more fully under The Committee's Recommendations.
C. Absence of Reliable Proof of Ownership. When there is no reliable proof of ownership, the title to a car is easily counterfeited and again the absence of identifying numbers makes it extremely difficult to prove that this car is, in fact, a stolen vehicle. The adoption of "Certificate of Title" laws has gone far in alleviating this particular method of operation.
IV. The Problems of Law Enforcement.
A. Police officers.
1. Enforcement. Since the automobile theft rings operate on a statewide basis, it has been rather difficult for local law enforcement officers to do an adequate enforcement job, as parts of the operation invariably lie outside of the jurisdiction of the local law enforcement officer. The Department of Public Safe ty for this reason through the operation of the State Patrol and the Georgia Bureau of Investigation would, therefore, be the answer to this problem, except that their current powers of arrest extend only to those criminal laws relating to the unlawful use of motor vehicles upon the highways, unless a specific local government requests the intervention of the Department. The Governor, by the passage of an executive order, has attempted to remedy this situation by giving the Bureau of Investigation additional powers of criminal arrest.
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2. Dissemination of Crime News.
a. Although the Georgia Bureau of Investigation is charged with and has established a fingerprint identification file, submission of fingerprints of persons arrested by local authorities is on a purely voluntary basis. As a result, the file is not as comprehensive for the effective administration of justice as is possible. In fact, there is currently no requirement that arrested persons even be finger printed and the only specific time that they might be fingerprinted is if they are convicted of a crime and enter the prison system. This should be changed so as to require the fingerprinting of all persons arrested for certain crimes and the submission of these fingerprints to the Bureau of Investigation identification file, thus allowing a police officer to correspond with one central location and obtain all information on suspects or arrested persons.
3. Submission of Certain Crime Information.
a. There is currently no provision that requires the submission of a report of stolen vehicles to a central location. Because of the rapidity with which stolen vehicles can be moved across county lines, it is most desirable that the reports of stolen vehicles received by local officers be forwarded to the same bureau, and that a statewide list of these vehicles be transmitted to local law enforcement officers on a regular basis.
b. The Courts.
(1) Backlog of cases to be tried. Since an automobile theft ring involves many persons and each criminal defendant has a right to bond at least twice after his arrest, and these persons are highly sophisticated in regard to their rights, the resultant legal delays create backlogs of numerous cases to be tried and these cases can conceivably be pending for as long as two years from the time of indictment.
(2) Bond Forfeitures. When a defendant is out on bond, the bond is return able to a term of court rather than a specific day. Consequently, the defendant can wait until the last day of the term, after the jury has been discharged, and then report under the bond without involving himself in a bond forfeiture or the jumping of bond. Therefore, additional study in regard to the granting of bonds and the bonding procedure is indicated.
(3) Emeriti Positions. Ordinarily, these created backlogs could be eliminated by the use of judges and solicitors general emeriti, except for the limitations in these particular Acts. A judge or solicitor-general should be allowed to call on an emeriti judge or solicitor-general anywhere in the State rather than only those located in adjoining circuits, and he should be able to do so without the necessity of going through the Governor and have the Governor make the appointment.
(4) Sentencing. Under present law, if the defendant requests a jury trial, the jury is not entitled to know of the defendant's prior criminal record, if any; and, consequently, sentences for professional criminals may be relatively light and sentences for first offenders could correspondingly be very harsh. In non-jury trials, the judge is allowed to view the defendant's past criminal record, if any, prior to the imposition of sentence, thus insuring the judge that the sentence handed down by him will be fair and just under the circumstances. This same right should be extended to juries for the same reasons.
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IV. Miscellaneous Laws.
A. The head of an auto theft ring operates generally by paying a juvenile a sum of money to steal a car. Consequently, it is extremely difficult to convict him of the theft. This problem exists in almost all violations of the criminal laws of this State. It is felt that a general type conspiracy law would be most effective in convicting these persons who hide behind the acts of others whom they have induced to violate the law.
B. Since the profit in automobile theft is so great and the stolen goods are so easily disposed of through salvage yards, dismantling, rebuilding and used motor vehicle part operations, strict controls over these businesses is a necessity. Only through such control can the source of revenue from stolen parts be eliminated.
V. What the future holds for Georgia.
A. While the number of auto thefts has been reported to have increased 12% nationally over last year, it has decreased in Georgia 25% over last year. This is due to many factors among which are the following:
1. Adoption of a Certificate of Title law. This makes it much more difficult to counterfeit stolen ownership papers.
2. Regulations promulgated by the Department of Revenue requiring the identification numbers and ownership papers of wrecked vehicles to be turned into the Department. This eliminates the so called profit in "paper bag" salvage.
3. The establishment of the Statewide Auto Theft Squad. This overcomes the previously mentioned jurisdictional problems.
4. Publicity. By making the public aware of the problem and requesting them to lock their cars whenever the cars are left unattended, the availability of possible stolen cars has been decreased. The Committee humbly feels that the publicity received by its work has also served to appraise the public of the auto mobile theft racket and what the public can do to curb it.
RECOMMENDATIONS OF THE COMMITTEE
As a result of its findings, the Committee intends, through its membership, to introduce several Bills which the Committee feels will go far in curbing this vicious racket. Each of these Bills has received the unanimous endorsement of the Committee and is as follows:
I. A Bill to automatically revoke the drivers' license of any person convicted of the theft of a motor vehicle or any part thereof, for the full term of such convicted person's sentence, notwithstanding the fact that such person may be released early through parole, probation, or suspension of his sentence, and it shall be grounds for the revocation of such parole, probation or suspension for any person to operate a motor vehicle while his license is in revocation pursuant to this Act.
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II. A Bill extending the powers of the Georgia Bureau of Investigation to the enforcement of all criminal laws, either in cooperation with or separate from the various local law enforcement agencies: Thus giving statutory recognition to the power already authorized under the Governor's executive order.
III. A Bill extending these same powers to the State Patrol and for the same reasons.
IV. A Bill imposing a duty on all chief law enforcement officers to finger print or have fingerprints made of all persons arrested for felonies in the officers respective jurisdiction. This Bill will also require reporting of all stolen and recovered vehicles. Both the fingerprints and the report will be forwaded to the Bureau of Investigation to be used in establishing a comprehensive statewide identification bureau, and a comprehensive list of all vehicles stolen within the State, both of these for the use of all law enforcement officers.
V. A Bill amending an existing code section that makes it unlawful to pos sess motor vehicles with altered or removed serial numbers for the purpose of concealing the identity of such motor vehicle by extending this code section to cover motor parts and fraudulent license plates.
VI. A Bill providing that all motor vehicles and parts manufactured after a certain date to be sold within Georgia shall bear permanent identification num bers. This is the most unique piece of legislation proposed and is actually the key to the entire problem.
VII. A Bill providing for the licensing and bonding of dealers in used motor vehicle parts; either as parts dealers, dismantlers, rebuilders, or salvage yard operators. It will require that these dealers keep certain records of all purchases and sales and that these records be available for inspection by law enforcement officers.
VIII. A Bill providing Georgia with a general conspiracy statute. The necessity for this Bill has been previously mentioned under The Committee's Findings.
I.. A Bill providing that in all criminal trials in which a jury has been utilized, the jury shall see the defendant's prior criminal record, or lack thereof, prior to the imposition of the sentence. Again, the necessity for this Bill has been previously discussed.
.. The last Bill amends the present existing law relating to the larceny of motor vehicles. The old law, as defined, extended only to gasoline or electrically powered motor vehicles. The amendment extends to all motor vehicles and also provides for the theft of motor vehicles parts as a distinct crime within this section rather than under the general heading of "larceny from the person".
The work of the Georgia Bureau of Investigation has been exemplary, how ever, additional manpower is a prime necessity. There is no need for legislation to increase the size of the Bureau since the size is determined by the Director within the appropriation allocated to the Department of Public Safety. However,
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the Committee recommends that the Director increase the size of the Bureau by twenty-five men as soon as is economically feasible.
Respectfully submitted,
/s/ Paul C. Broun, Chairman Senator, 46th District
/s/ Render Hill, Vice-Chairman Senator, 29th District
/s/ S. Fletcher Thompson, Secretary Senator, 34th District
/s/ Kenneth Kilpatrick, Member Senator, 44th District
/s/ Dr. J. Albert Minish, Member Senator, 48th District
/s/ William A. Searcey, Member Senator, 2nd District
2660
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1. Relates only to engine rebuilders.
FOOTNOTES
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2. State Department shall publish and/or forward a list of stolen vehicles.
3. Vehicle Code.
4. Treated as embezzled.
5. Unlawful use of dealer plates.
6. Report of lost, stolen or damaged registration cards and/or plates.
7. Used car dealers and garages.
Requires record to be kept and maintained.
9. Requires dealers, etc. to check automobile and registration numbers and report conflicting numbers between the two.
10. Requires plates and receipts of junked automobiles to be sent to authorities.
11. Investigators have authority to enter garage, repair shop and salvage yards to locate stolen vehicles.
12. When dismantling or scrapping an automobile, this state requires that each or all of the following be returned to an appropriate state office: registration records, certificate of title, identification numbers and plates.
*Request copy of the Committee Report **No correspondence received, to date.
INTERIM COMMITTEE REPORTS
2669
REPORT OP THE SENATE CAPITAL PUNISHMENT COMMITTEE
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 SENATE CAPITAL PUNISHMENT STUDY COMMITTEE
THE COMMITTEE
Honorable B. Avant Edenfield Senator, 4th District Chairman Honorable Oliver C. Bateman Senator, 27th District Honorable Leroy R. Johnson Senator, 38th District Honorable Robert E. Lee, Jr. Senator, 47th District Honorable Joseph E. Loggins Senator, 53rd District
Honorable Kenneth Kilpatrick Senator 44th District Secretary Honorable John T. McKenzie Senator, 17th District Honorable Roy Noble Senator, 19th District Honorable William A. Searcey Senator, 2nd District Honorable Horace T. Ward Senator, 39th District
February 1, 1966
TO: LIEUTENANT GOVERNOR PETER ZACK GEER
The Interim Committee of the State Senate created by S. R. No. 107 author ized to study the question of capital punishment in the State of Georgia has completed its report. We hope that the information contained in the within report will be of assistance to the members of the General Assembly and to the people of Georgia. The information contained herein is a composite of the in formation furnished to the Committee by the people of Georgia reflecting the opinion that capital punishment should be retained and that capital punishment should be abolished.
Legislation effectuating the intent of the majority of this Committee will be introduced at this term of the Legislature.
We wish to acknowledge the assistance of the Office of Legislative Counsel, and particularly the services of Mr. Harvey D. Findley of that office.
Respectfully submitted,
/s/ B. Avant Edenfield Chairman,
BAE/ms Enclo.
Senate Capital Punishment Study Committee
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TABLE OF CONTENTS
I. Introduction ____________.._..______-_
II. Background Information on Capital Punishment and Recent Trends ___________--_-_--___.
III. Results of Public Hearings and Other Opinions Expressed by Interested Citizens ...._._._-_-
IV. Majority Report
V. Minority Report
VI. Recommendations of the Committee Appendix __._.___._____._.___ Exhibit "A"--Laws of Certain States that have Abolished Capital Punishment ._-_ Exhibit "B"--Capital Offenses in Georgia Exhibit "C"--Prisoners Executed Under Civil Authority in the United States, by Offense, Race and State--1930-64 _..-....-....._.____-__-____
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I.
INTRODUCTION
The Senate Capital Punishment Study Committee was created pursuant to Senate Resolution No. 107, adopted during the 1965 session of the General Assembly. The Committee consisted of ten Senators who were duly appointed by the Lieutenant Governor. The Committee held its first organizational meeting on June 21, 1965, at which time officers were elected and plans were made as to how the Committee would proceed with its work. The cover page of this report indicates the names of the members of the Committee and the officers thereof.
The creating resolution charged the Committee with the responsibility of ". . . investigating and studying the matter of capital punishment in the State of Georgia, including the current status of the law in Georgia and elsewhere, crimes for which the death sentence may be imposed, the value of the death sentence to society, public opinion and other matters". At the organizational meeting, the Committee decided it could best carry out its responsibility by an examination of some of the written material on the subject and by holding public hearings at major cities throughout the State.
The plan of the report that follows is to present certain background informa tion on capital punishment and a review of recent trends in an effort to place the subject in its historical perspective. There is also included a very brief summary of the testimony received at the public hearings and a few remarks concerning other information and opinions the Committee received from interested citizens throughout the State of Georgia. There is a great deal of published statistical information available on the subject of capital punishment. The Com mittee believes that it would be beyond the scope of this report to attempt to provide the General Assembly with most of this information. As a result, with a few exceptions included in Section II of the report, the statistical information which the Committee believes might be of particular interest to the General Assembly has been placed in the Appendix of the report. The principal part of the report consists of majority and minority positions of the members of the Committee, because it is believed that these positions will be of most interest to the members of the General Assembly. In its final deliberations the Committee split six to four on the question of whether or not capital punishment should be retained in Georgia, the majority position being that capital punishment should be retained. Also included in the report, however, are recommendations of the entire Committee regarding changes in the laws relating to the death penalty.
II.
BACKGROUND INFORMATION ON CAPITAL PUNISHMENT AND AND RECENT TRENDS.
Capital punishment, which might be defined as the death penalty, pronounced and carried out, through the legal processes of a society on one of its members, goes back at least to the Code of Hammurabi which is the first known code of laws compiled around 2,000 B. C. Insofar as the criminal law was concerned, the ruling principle of the Code of Hammurabi was the lex talionis or the law of retaliation, and capital punishment was applied under the Code somewhat in discriminately. The lex talionis was also a fundamental principle of ancient
2672
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Hebrew law as expressed by the idea of "an eye for an eye; a tooth for a tooth". In the latter, however, the idea of degree was introduced into the law, and capital punishment was not applied as indiscriminately as under the Code of Hammurabi. The ancient Hebrews allowed the death penalty for adultery, bestiality, blas phemy, cursing father or mother, idolatry, incest, rape, Sabbath breaking, unchastity, and witchcraft.
Under the Roman law, capital punishment also meant punishment that af fected the status of the citizen, such as banishment. The death penalty was pos sible, however, for the following offenses: treason, adultery, sodomy, murder, forgery by slaves, corruption; kidnapping under certain conditions, seduction and rape.
The history of capital punishment shows a shifting of stress from sacrilege and offenses against property to murder, although this shifting has not been uniform. For example, at the beginning of the 15th century in England capital crimes had been reduced to 17, but during the 18th century, the number had been increased to over 200, most of which were crimes against property. Toward the end of the 18th century and the early 19th century, however, under the influence of Jeremy Bentham, Sir Samuel Rommily, and others, the trend was again toward the reduction of capital crimes so that by 1837 capital offenses had been reduced to 15.
The English colonies in North America did not join the mother country in creating such a large number of capital crimes. Prior to the American Revolution, the colonies had established capital punishment for from 10 to 18 offenses, and after the establishment of the Union in 1789, the trend was toward the reduction of capital crimes. In his autobiography, Thomas Jefferson, when writing about his working on the revision of Virginia's laws from 1777 to 1779, expressed the belief, which was apparently shared by other prominent Virginians working with him at the time, that capital punishment should be abolished for all crimes except murder and treason.
Although capital punishment appears to have been a part of human history almost since man first organized into some form of society, it has been debated for centuries, and there has never been anything approaching uniformity of opinion concerning the subject. Prior to 1764, the debate of capital punishment revolved around theological, moral, and ethical considerations, but in that year the question was raised by Cesare Beccaria, in a small volume entitled An Essay on Crimes and Punishments, as to whether or not the death penalty contributes to "the greatest good for the greatest number". In short, the utilitarian value of capital punishment in society was questioned and analyzed by Beccaria, and he concluded that the death penalty did not contribute to the "greatest good for the greatest number". Beccaria's discussion placed the arguments concerning capital punishment in a more modern context, and with certain refinements, the same questions that were raised by Beccaria are still discussed today. It should be noted, however, that the moral and theological arguments are still very much a part of the debate surrounding capital punishment, and many members of present day society believe that the death penalty is a moral and religious im perative, notwithstanding the arguments questioning its utilitarian value.
There are discernible trends throughout the United States and in Georgia toward applying capital punishment less and less frequently until it is retained, in some instances, more or less as only a statutory possibility. The trend has led to its abolishment in many European countries and in 13 of the 50 states of the United States as of the year 1965. Four of the states, New York, North Dakota,
INTERIM COMMITTEE REPORTS
2673
Rhode Island and Vermont which are classed as abolitionist states, retain the death penalty for certain limited crimes such as killing a police officer or a prison guard under certain conditions. (See Appendix, Exhibit "A").
The following table shows the relatively less frequent use of capital punish ment in the United States, the seventeen Southern and border states, and Georgia. The table also shows that the Southern states, as a group, have used capital punishment more frequently than other parts of the country, and that the rate of decrease has not been as rapid in the South as in other parts of the country. The trend toward the relatively infrequent use of capital punishment is par ticularly noticeable during the last ten years, although the year 1957 was an exception for the State of Georgia. Georgia had no executions for the year 1965, but information is not available at this time to complete the table in the other categories.
TABLE
LEGAL EXECUTIONS--1930-1964
Year 1930 1931 1932 1933 1934 1935 1936 1937 1938 1939 1940 1941 1942 1943 1944 1945 1946 1947 1948 1949 1950
United States 154 153 140 160 168 199 192 147 185 159 124 123 141 130 120 116 131 152 114 119 81
Southern and Border States**
67 78 81 93 100 110 128 92 101 93 83 76 96 89 69 75 99 102 84 59 52
Georgia 7 17 12 14 13 12 11 16 15 8 14 6 11 18 10 19 16 16 13 8 13
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JOURNAL OF THE HOUSE,
1951
105
69
7
1952
83
51
11
1953
58
28
8
1954
80
44
12
1955
76
38
4
1956
64
41
6
1957
63
44
14
1958
49
29
6
1959
49
31
4
1960
56
32
6
1961
42
26
3
1962
47
22
1
1963
21
10
2
1964
15
12
2
TOTAL ,,______ 3,816
2,304
366
----* Omitting Federal Executions.
----** Delaware, Maryland, District of Columbia, Virginia, West Virginia, North Carolina, South Carolina, Georgia, Florida, Kentucky, Tennessee, Ala bama, Mississippi, Arkansas, Louisiana, Oklahoma, and Texas.
Among the various states retaining capital punishment in 1960, there were some 31 offenses for which the death penalty was a statutory possibility, but in practice, only seven offenses were actually punished by the death penalty from 1930 through 1960. The seven offenses were as follows: murder, kidnapping, rape, armed robbery, killing by abortion, aggravated assault by a life prisoner, and one miscellaneous offense.
Although several of the offenses amount to murder, technically there are some 23 offenses under present Georgia law for which the death penalty is a statutory possibility. (See Appendix, Exhibit "B"). In practice, however, only three of these were actually used during the period from 1924, when the electric chair was adopted as the means of execution, through 1964. The three offenses were murder, rape and robbery by force. In Georgia, as in the other states retaining capital punishment, murder accounts for the vast majority of legal executions. According to information supplied by the State Board of Corrections, there were 415 executions in Georgia from 1924 through 1964, which are broken down according to the crime involved and the race and sex of the offender, as shown below:
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LEGAL EXECUTIONS IN GEORGIA 1924-1964
Murder
Rape
Robbery by Force
75 White males 267 Colored males
1 Colored female
3 White males 63 Colored males
6 Colored males
343 TOTAL
Murder Rape Robbery by Force
Total Executions
343 (82.65%) 66 (15.90%) 6 (1.45%)
415 (100%)
In the thirteen states which have abolished capital punishment, life imprison ment has been substituted for the death penalty for the crime of murder by each of the states, and in most instances, life imprisonment is either required or may be imposed for rape. Most of these states require a minimum number of years to be served on a life term before eligibility for parole. The minimum number of years that must be served before eligibility for parole ranges from 10 years to 30 years. In some instances, there is a mandatory life sentence without eligibility for parole, but in practice the Governor may commute the sentence to a lesser number of years causing the prisoner to become eligible for parole. In one state, a prisoner sentenced to life imprisonment for murder in the first degree is not eligible for parole unless the jury recommends mercy or the accused pleads guilty, in which cases, the court may, in its discretion, provide that the person will be eligible for parole, but a minimum of 10 years must be served. In North Dakota, a prisoner serving a life sentence may apply for parole at any time, but sentiment exists in that State to amend the present laws to provide that a mini mum number of years be served before parole, which was required until the laws
were amended in 1963.
III.
RESULTS OF PUBLIC HEARINGS AND OTHER OPINIONS EXPRESSED BY INTERESTED CITIZENS
The Committee held public hearings in Rome, Athens, Albany, Macon, Savan nah, and Atlanta on July 12 and 13; September 13, 14 and 15; and on November 15 and 16, respectively, with two days used for the hearings in Atlanta. The public response to these hearings was quite satisfactory, and the Committee heard testimony from a total of 175 persons. The persons appearing before the Com mittee at these hearings represented a fairly broad cross-section of Georgia citi zens in that essentially all social and economic segments of the State's population made an appearance. It should be noted, however, that more clergymen appeared than any single group and that educators and other professionals were also well represented. The members of the Committee wanted to become familiar with the arguments on both sides of this question and also wanted to give those per sons who are interested in the subject an opportunity to express themselves which were the primary reasons for holding the public hearings. The table below gives a compilation of the opinions expressed for and against capital punishment
at these public hearings:
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JOURNAL OF THE HOUSE,
TALLY OF OPINIONS EXPRESSED AT ALL PUBLIC HEARINGS
ROME--July 12
For
8
Against
11
Undecided
1
ALBANY--Sept. 13
For
0
Against
1
SAVANNAH--Sept. 15
For
20
Against
18
Indefinite
1
TOTAL
20
39
ATHENS--July 13
For
5
Against
14
TOTAL
19
MACON--Sept. 14
For
13
Against
17
30
ATLANTA--Nov. 15 - 16
For
30
Against
36
66
For Capital Punishment
76
Against Capital Punishment
97
Undecided or indefinite
2
TOTAL of all persons appearing 175
It would be beyond the scope of this report to attempt to summarize the arguments presented by the 175 persons who appeared before the Committee, but it may be of interest to the members of the General Assembly to have a general idea of the arguments the Committee heard on both sides of this question. As a result, the table below has been prepared which sets forth in very brief phrases the arguments heard by the Committee on the approximate order of the frequency mentioned. It should be understood that other points were also men tioned, and the various individual speakers frequently mentioned several of these points in their presentation for or against capital punishment.
A SUMMARY OF ARGUMENTS FOR AND AGAINST CAPITAL PUNISH MENT IN THE ORDER MOST FREQUENTLY MENTIONED.
FOR CAPITAL PUNISHMENT: It is supported by the Bible; it is the law of God.
It is a deterrent to crime.
Justice requires it; those who commit murder should pay for the crime with their lives.
The laws are already too soft on criminals; crime is increasing.
Life imprisonment is too expensive.
It is more humane than life imprisonment.
It is a necessary evil to protect society.
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AGAINST CAPITAL PUNISHMENT: It fails as a deterrent to crime.
It is not applied fairly; it falls on the poor and minority groups.
The possibility of executing the innocent exists.
It is as wrong for the State to take a life as it is for the individual to do so.
The Bible and Christianity are opposed to it.
It is a barbaric, primitive practice and has a brutalizing effect on society.
Criminals are frequently emotionally disturbed or insane.
Society creates the conditions that produce the criminal.
It is more expensive than life imprisonment.
In addition to the public hearings, the members of the Committee received a great number of letters from various citizens of Georgia. These letters were received by each of the members individually, and time did not permit any attempt to consolidate them.
In addition to the letters, the Committee received petitions from several hundred Georgia citizens in which their desire to retain capital punishment in the State was expressed. Finally, the Committee received recommendations from approximately 60 grand juries representing counties all over the State of Georgia, all of which expressed the desire to see capital punishment retained.
IV.
MAJORITY REPORT OF THE SENATE CAPITAL PUNISHMENT STUDY COMMITTEE
The question of whether for the State to exact the death penalty is one which has intrigued and bothered the ministry, penologists, criminologists and the public in general for many years. The Senate Capital Punishment Committee is the first such group appointed in Georgia to make a thorough investigation of this question.
The Senate Capital Punishment Study Committee, hereinafter referred to as the "Committee" traveled throughout Georgia during the summer of 1965, holding public hearings, soliciting opinions, and received letters, petitions, grand jury recommendations, and declarations from people of all walks of life. Many arguments were propounded to the Committee, either to retain or abolish capital punishment in Georgia.
The Committee heard arguments of varying nature and varying conclusions. The question is one upon which reasonable people may differ.
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Whether to retain or abolish capital punishment involves both moral and legal considerations; thereof, the majority report will be addressed primarily toward answering these questions.
A large amount of statistical data was made available to the members of the Committee. Primarily, the use of the statistics was made by those opposing capital punishment; however, no figures were readily available from any state comparable to Georgia which had abolished capital punishment and the attendant result upon capital crimes.
It was reported to the Committee that several states had abolished capital punishment; some who had previously abolished the death penalty later reenacted capital punishment.
England abolished capital punishment, reenacted it, and has again abolished it. Statistical data available for 1965 showed a significant increase in capital crimes in that country. It was debated whether the increase was due to a general increase in crime throughout civilized countries, or whether the abolishment of the death penalty caused the increase. It is to be noted here that all grand juries, who made any recommendations to the Committee, unanimously approved the retention of capital punishment.
Many arguments were advanced to the Committee that the use of capital punishment had no uniform application. It was further stated that the poor, and members of minority groups were more often executed than from any other class.
This argument can neither be admitted nor denied since no statistics were made available showing who committed the majority of capital crimes or their relative status in the community. Theoretically, all members of society stand equally before the bar of justice.
This report cannot deny that there has been abuses connected with the death penalty. History tells us that life has been taken by society for trivial and in significant crimes. This fact tends to obscure the considerations which justify capital punishment in principle. It cannot be successfully argued that because the use of the death penalty has been abused that there are no crimes for which it would be a necessary protection for society.
The State in considering whether to retain or abolish the death penalty must consider the protection of society.
Certainly, sympathy is due to anyone who is to be executed, and the members of his family. Nevertheless, we should never lose sight that sympathy is due to the victim and his or her family, and to society as a whole. The rule of law and preservation of law and order makes our society distinct from anarchy. Many who state that it is immoral for the State to take human life favor its retention for murdering police officers or the killing of a prison guard. This seems to weaken the moral argument, since if it is wrong for the State to take life, it is wrong for it to take life whether the criminal killed a derelict or ten policemen.
It is impossible to know how many lives have been saved or how many crimes that would have been committed, have not, due to the presence of the death penalty.
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We have had cases of robbers using toy pistols or unloaded weapons. It seems obvious the only motivation these people had was the possibility of the appli cation of the death penalty.
It is not the role of this report to conclude that capital punishment is com pletely effective, but on the other hand it is not always invoked, quite the con trary, it is very rarely invoked. Nor do we advocate its greater application.
Many who testified before the Committee, evidenced their concern for persons under death sentence and the long appeals, new trials, and reprieves; nevertheless, we can only conclude this is not cruelty, but it serves to emphasize the painstaking effort used to exhaust all legal remedies. This is controlled by the accused. There will always remain the possibility that an innocent person will be executed, however, it was the opinion of a majority of those on the Committee that this has served to overdramatize the problem.
Criminal laws exist to protect members of society. No effective means have been found to protect without punishment. The accused should be accorded all of his rights, but who commits the moral wrong--the criminal or society ?
The subscribers to this majority report hold that the supreme authority of the State of Georgia has the right to exact the death penalty when it appears from competent evidence that it is necessary for the protection of our society against criminal attack. This conclusion is reached by virtue of the following considerations. It is assumed that the death penalty is primarily punitive and inflicted as such. Its imposition does not have to be exercised on this reason alone. But on the contrary, it is used for its deterrent influence, even though drastic as it may be. The State takes human life only when the crime is of fla grant and serious magnitude. The primary aim of the State is to evidence and to discourage by drastic means its abhorrence of the crimes for which the death penalty may be used. In this connection, the State is not so much considering the individual condemned to die, but the protection of all other members of society who must be protected. The State is not concerned with problems of vengeance in this area, nor of rehabilitation, treatment, or parole. Its objective is to deter would-be offenders as a protective means for society.
We come to the question of whether the death penalty serves as a deterrent. This question has the utmost significance to all people who are concerned with the question of retaining or abolishing capital punishment. It is fundamentally true that all human beings fear the loss of their lives, even though they may be mentally unbalanced or suffering from delusions. No instinct is so strong as that of self-preservation; thus we feel that the threat of death necessarily has a determining influence on human and criminal behavior. Statistically, it is im possible to determine that a certain number of lives have been spared or may be spared because of capital punishment. This will always remain true because it is virtually impossible to learn of the motivation a would-be assassin or person who commits a capital crime will consider before he makes a determination of whether to commit a crime, or to refrain from doing so.
Statistics that seem to show that the incidence of crime does not vary con sistently with the presence or absence of the death penalty are inconclusive at best. Another facet that needs to be considered is the so-called delay between arrest and the eventual execution. We feel that it is quite necessary that the legal procedures be very exacting and that every means be afforded to the ac-
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cused to defend or justify his act, and that every possible precaution be taken to assure that no innocent man is executed.
Another question that needs to be considered is whether life imprisonment or other measures sufficiently protect society against capital crimes. In support of the affirmative, many people now consider society to be so well developed that capital punishment is an archie, inhuman and brutal law. Yet, statistically we know that crime, both in the State of Georgia and throughout the United States, continues to increase at an alarming rate each year. Respect for the law is diminishing. Therefore, it appears that those who would commit crime hesitate less to sacrifice human life than ever before. But if it is admitted that capital punishment is a deterrent, then we believe that any other punishment would not serve as a successful deterrent. The use of capital punishment is justified on the
basis of the protection it affords to society as a whole. We feel that the minority report gives too great an emphasis to the criminal or accused. The ever present threat of execution, as a part of the public law of this State, will serve to deter the potential criminal from committing his deed.
With regard to the religious and moral arguments concerning capital punish ment, more clergymen appeared before the Committee during the public hearings than any other single group. The opinions expressed by the clergymen ranged from total abhorrence of the death penalty to total endorsement of the death penalty with many shades of opinion between these extremes. It is interesting to note that the clergymen, as a group, were almost equally split on the question of whether or not capital punishment should be retained in the State of Georgia. As a result, the majority feels that at this point in time, the religious and moral arguments concerning the question are inconclusive.
We have all worked together in harmony and regret that the report of the Committee is not unanimous. However, we recognize that those writing the minority report are sincere in their belief and conscientious in their duty. We further recognize that reasonable men may disagree in the matter which we have been asked to consider.
The majority of the Committee recommended certain changes in the present law that will be found elsewhere in this report.
/s/ B. Avant Edenfield Senator, 4th District
/s/ Oliver C. Bateman Senator, 27th District
/s/ Robert E. Lee, Jr. Senator, 47th District
/s/ Joseph E. Loggins Senator, 53rd District
/s/ John T. McKenzie Senator, 17th District
/s/ Roy Noble Senator, 19th District
INTERIM COMMITTEE REPORTS
2681
V.
MINORITY REPORT OF THE SENATE CAPITAL PUNISHMENT STUDY COMMITTEE
THE ARGUMENTS AGAINST THE DEATH PENALTY
The Committee heard many and varied arguments in opposition to the death penalty. The better of these arguments follow. Many witnesses before the Com mittee stressed that they were opposed to capital punishment and at the same time were in favor of law and order. Some further stated that they knew law and order was a problem in this country at this time. They also acknowledged that as a society we should do all in our power to protect police officers and those persons engaged in the hazardous occupation of law enforcement. The pos sibility that their own home or family could be torn asunder by some maniac was admitted by many. Nevertheless, these people felt that capital punishment should be abolished.
DETERRENCE:
The question of whether or not capital punishment is a deterrent to the commission of capital offenses has long plagued the best minds and the most conscientious people. Statistics indicate that capital punishment does not deter crime. One expert has pointed out that Georgia, in addition to having the highest number of executions in the United States in recent years, also has the highest number of prisoners per 100,000 population in the country. Taking into considera tion Georgia's extensive use of capital punishment, one would think that Georgia would have one of the lowest homicide rates of any state in the Union--if capital punishment really were a deterrent. Such is simply not the case as any research whatever will indicate. Homicide rates have not appreciably changed in any state upon the abolition of the death penalty. The supposition that our citizenry will immediately embark on a lawless binge upon abolition is a myth that neither stands statistically sound nor reasonably correct.
The following factors support the position that capital punishment is simply not a deterrent to crime:
(a) About 50% of all murders occur in the home, i.e., a parent kills a child, a child kills a parent, a husband kills his wife or vice versa. These people, while guilty of murder, in most instances are not professional criminals. Their one major act of lawlessness in a lifetime is committed in a rage of anger or passion. They cannot be considered by the law as the law should and does consider the professional burglar or robber, or even the petty thief.
(b) A substantial number of persons committing serious crimes and being sentenced to death represent the most deprived and under-privileged segments of our society. These are not people who weigh advantages and disadvantages and logically consider the consequences before they commit a crime.
(c) The professional killer or the murderer who plans and schemes before the act never expects to be apprehended. Capital punishment is certainly not a deterrent to these people.
(d) Some psychiatrists testify that there are some people who have suicidal tendencies who actually commit a capital crime because they are seeking their
2682
JOURNAL OF THE HOUSE,
self-destruction and actually wish for the electric chair. This may or may not account for the fact that the homicide rate has fallen slightly in some states when capital crimes have been abolished.
(e) Many people who commit capital crimes are not mentally responsible. Sex offenders fall into this category because no normal male commits a sex crime. Certainly, it has never been the policy in this country to execute the weak-minded and mentally incompetent.
It further appears that surrounding executions with secrecy is inconsistent with the position that the death sentence has a deterrent effect on crime.
STATUS OF THE ACCUSED:
Beyond a shadow of a doubt, the people who are most often put to death are the poor and the friendless. A Negro is more likely to "get the chair" than is a white man who is guilty of the same offense. (The penal and correctional records in Georgia show that of the 415 executions in the last 40 years, 337 were Negroes). A poor man cannot hire the best legal counsel that is easy for the rich man to obtain. While this would be true of any crime by any criminal, there is no punishment as severe as the taking of life and for this reason the economic, social and racial status of the accused is of special significance when that status makes the accused susceptible to the punishment. This uneven application of the death penalty lends support to the contention that the death penalty has already been abolished for everyone except the poor, the friendless, and the mentally dis turbed. While it is true that death prevents the offender from ever committing a second capital crime, society should not overlook the fact that elimination of the criminal will not eliminate the circumstances which caused the crime. One man may be electrocuted, while ten men are being made potential offenders by their environment.
THE INNOCENT:
As long as human beings administer justice, errors will be made. Errors have been made in the past and innocent people have been executed. Once a convicted person is executed there is no chance to correct the error because the ultimate in punishment has been administered. Along with this, it is worthy of note that after execution the investigation to prove innocence ceases and for this reason it is impossible to tell how many innocent people might have been executed.
REHABILITATION:
All men can be redeemed with rare exception. As we learn more and more about the human mind, we learn more and more about why people do the things they do. Capital punishment forever bars a person from thereafter living a useful life even in prison. If society believes that rehabilitation should be the ultimate aim of our prison system, there is no reason for that purpose not to apply to all criminals.
In this connection, the matter of expense is advanced in terms of the possi bility of execution being less expensive to the State than imprisonment. It is doubtful whether execution is really less expensive. In the first place, prisoners earn some of their support while in prison. At the same time, multiple appeals and petitions on the part of persons confined on death row are a great burden and expense to the State.
INTERIM COMMITTEE REPORTS
2683
ADMINISTRATION OF JUSTICE:
The abolition of capital punishment would lift a great burden from juries and judges. It is enough that juries must decide guilt or innocence without having to decide on life or death. It is enough for judges to sentence to prison without sentencing death. The administration of justice would be immeasurably improved by abolishing capital punishment.
A capital case is often a long and expensive task to constitute a trial jury, as many prospective jurors are excused because of not being in favor of the death sentence. In many instances it has been apparent that juries will more likely convict when life imprisonment is involved, but will more likely acquit when execution is involved. The sharing of the general power of sentencing between the judge and jury in capital cases (with the jury having power to recommend mercy or not), illustrates an effort on the part of society to camou flage the person or persons finally responsible for the imposition of the death sentence.
There was also presented to the committee a legal argument which maintains that capital punishment is unconstitutional on three grounds: (1) that it is a denial of equal protection of the law (by virtue of discriminatory application in terms of economic status, sex and race); (2) that it is cruel and unusual punish ment; and (3) that it is a violation of due process of law (the automatic elimi nation from jury service of persons opposed to the death sentence).
REVERENCE FOR LIFE, MORALITY AND RELIGION:
Passages from the Bible can be quoted by those who choose to do so to defend capital punishment or to urge its abolition. In any event the life of Jesus Christ was built around the idea of love and forgiveness and not around revenge and retaliation. Jesus was not personally repulsed by any man no matter how odious that person's life may have been, and it is hard to conceive of Him pulling the switch on a man strapped in the electric chair. If He would be unwilling to act as executioner, it could never be said that He would sanction such an act by one of us. It is immoral to take life because that perogative is God's alone. Human life is too precious to be the subject of barbaric attitudes, actions and impulses. Once man subjected man to terrible acts of cruelty and justified himself in so doing. Humanity now considers boiling in oil, the rack, and drawing and quartering to be inhuman. A hundred years from now men will consider the electric chair the same.
The acts of society as a whole are the acts of each individual who is a part of that society. No amount of rationalization will do away with this ultimate fact. Each time a person is put to death by the State of Georgia, that death is the responsibility of each citizen of Georgia.
Each and every time the lights dim at Reidsville, we have helped to create a climate of violence and have placed upon the people of Georgia a useless guilt. It is high time we looked at what we are doing in the light of fact, reason and humanity.
As a result of the foregoing considerations, the minority believes that capital punishment should be totally abolished in the State of Georgia.
/s/ Kenneth Kilpatrick Senator, 44th District
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JOURNAL OF THE HOUSE,
/s/ Leroy R. Johnson Senator, 38th District
/s/ William A. Searcey Senator, 2nd District
/s/ Horace T. Ward Senator, 39th District
VI.
RECOMMENDATIONS OF THE COMMITTEE
As the majority and minority reports indicate, six members of the Committee believe that capital punishment should be retained in Georgia, while four members believe it should be completely abolished, but the minority, believing that any reduction in the number of capital crimes would be an improvement in Georgia's criminal law, joins the majority in making the following recommendations:
1. That capital punishment be abolished in Georgia for all crimes except the following:
(a) Treason (b) Murder (c) Rape (d) Kidnapping for ransom (e) Robbery by open force (f) Perjury causing death or perjury resulting in the conviction of
another person of a crime punishable by death
It should be pointed out that several capital offenses, although separately listed in the Georgia Code, actually amount to murder, and the Committee is not recom mending the abolishment of capital punishment for these crimes.
2. That life imprisonment, reducible to 10 - 20 years and reducible as other wise provided by law, be substituted for the remaining crimes presently punish able by the death penalty.
3. That present procedure be changed with regard to the crimes for which the Committee recommends retention of the death penalty so that in order for the death penalty to be carried out, the jury finding a defendant guilty of a crime punishable by death shall be required to make a recommendation of the death penalty if the jury desires that the defendant be put to death. If no recommenda tion for the death penalty is made by the jury, the sentence would automatically be life imprisonment.
The Committee will propose bills to the General Assembly to carry out these recommendations.
INTERIM COMMITTEE REPORTS
2685
APPENDIX
EXHIBIT "A"
LAWS OF CERTAIN STATES WHICH HAVE ABOLISHED CAPITAL PUNISHMENT
ALASKA:
1. Year abolished: 1957.
2. Crimes for which capital punishment is retained: None. 3. Sentences in lieu of capital punishment: Life imprisonment.
4. Parole: A person who has been convicted for murder in the first degree is not eligible for parole until he has served 15 years. Persons convicted of murder in the second degree or who are sentenced as a habitual crimi nal are not eligible for parole until at last 5 years have been served.
5. Commutation: No information.
HAWAII:
1. Year abolished: 1957.
2. Crimes for which capital punishment is retained: None.
3. Sentences in lieu of capital punishment; Murder in the first degree, life imprisonment, not subject to parole; murder in the second degree, im prisonment for any number of years but for not less than 20 years.
4. Parole: No information given other than above.
5. Commutation: No information given.
IOWA:
1. Year abolished: 1965.
2. Crimes for which capital punishment is retained: None.
3. Sentences in lieu of capital punishment: Mandatory life for first degree murder and kidnapping; rape is punishable by not less than five years and may be punished by life.
4. Parole: No prisoner serving a life term for any crime is eligible for parole.
5. Commutation: The State Board of Parole automatically reviews the case of each prisoner who is serving a life term after the prisoner has served 15 years and at least once every three years thereafter, making such recommendations as the Board sees fit to the Governor. The Governor invariably accepts a recommendation against commutation and usually, but not invariably, accepts a recommendation for commutation. When a life sentence is to be commuted, the commutation is usually to a term of years such that the prisoner is immediately or will very shortly be eligible for parole.
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JOURNAL OF THE HOUSE,
MAINE:
1. Year abolished: 1887.
2. Crimes for which capital punishment is retained: None.
3. Sentences in lieu of capital punishment: Life imprisonment for crimes ordinarily punishable by capital punishment.
4. Parole: A person sentenced to life imprisonment may be paroled after serving 30 years.
5. Commutation: No information.
MICHIGAN:
1. Year abolished: Michigan has never imposed the death penalty upon con viction of a capital crime. The State joined the Union in 1837. The only person executed for a crime in Michigan was a person involved in a bank robbery and he was executed under the provisions of Federal law at the Federal prison in Milan, Michigan. The only crime ever punishable by death in Michigan statutes was treason and that law was repealed on May 10, 1963, following the adoption of the new State Constitution.
2. Crimes for which capital punishment is retained: None.
3. Sentences in lieu of capital punishment: First degree murder is punish able by life imprisonment without the possibility of parole. Michigan laws provide indeterminate sentences up to life upon conviction of 21 separate crimes including various degrees of murder and for rape. The minimum sentence in these cases is 10 years.
4. Parole: Parole is possible in all sentences except life imprisonment or first degree murder.
5. Commutation: In cases of life imprisonment without the possibility of parole the Governor may commute the life sentence making the prisoner eligible for parole. There is no time period for the Governor to act but commutation is rare before the prisoner completes 15 years of a life sentence.
NEW YORK:
1. Year abolished: 1965.
2. Crimes for which capital punishment is retained: (a) killing a peace officer; (b) Killing another in connection with confinement in or escaping from a prison under certain circumstances.
3. Sentences in lieu of capital punishment: First degree murder, life im prisonment.
4. Parole: A prisoner sentenced to imprisonment for life serves about 26 years and 7 months in New York before being paroled.
5. Commutation: No information.
NORTH DAKOTA: 1. Year abolished: 1915.
INTERIM COMMITTEE REPORTS
2687
2. Crimes for which capital punishment is retained: Serving life sentence for first degree murder when convicted of first degree murder and for treason.
3. Sentences in lieu of capital punishment: Mandatory life imprisonment for first degree murder; possible life imprisonment for first degree rape, possible for habitual criminals.
4. Parole: Prior to 1963, persons serving life sentences could apply for pa role after they had served one-half of their life expectancy. In 1963, the Legislature repealed these provisions and now a convict may apply for parole at any time. Sentiment exists in North Dakota to reenact the provisions relating to providing for a minimum sentence for all life-term prisoners and a bill to that effect will probably be introduced at the 1967 session of the Legislature.
5. Commutation: No information.
OREGON:
1. Year abolished: 1964.
2. Crimes for which capital punishment is retained: None.
3. Sentences in lieu of capital punishment: Mandatory life sentences for first degree murder.
4. Parole: A prisoner serving a life sentence is eligible for parole after serving 10 years but he is not eligible for a certificate of discharge.
5. Commutation: No information.
RHODE ISLAND:
1. Year abolished: 1852.
2. Crimes for which capital punishment is retained: Committing murder while under sentence of imprisonment for life.
3. Sentences in lieu of capital punishment: Murder in the first degree: life imprisonment; murder in the second degree: not less than 10 years and up to life imprisonment; rape: not less than 10 years and up to life imprisonment.
4. Parole: Any person sentenced to imprisonment for life is not eligible for parole until he has served at least 20 years, and parole may be given then only by unanimous vote of all members of parole board.
5. Commutation: No information.
WEST VIRGINIA:
1. Year abolished: 1965.
2. Crimes for which capital punishment is retained: None.
3. Sentences in lieu of capital punishment: Murder in the first degree, life imprisonment; kidnapping, life imprisonment; rape, life imprisonment.
4. Parole: A person sentenced to life imprisonment for murder in the first degree is not eligible for parole unless the jury recommends mercy or
2688
JOURNAL OF THE HOUSE,
unless the accused pleads guilty, in which case, the court may, in its dis cretion, provide that such person shall be eligible for parole; the same procedure is also true of rape. If a person serving a life sentence is eligible for parole, he must serve at least 10 years and no person sentenced to life who has been twice previously convicted of a felony may be paroled until he has served 15 years.
5. Commutation: No information.
VERMONT: 1. Year abolished: 1965. 2. Crimes for which capital punishment is retained: Killing a police officer or prison guard under certain circumstances. 3. Sentences in lieu of capital punishment: Murder, life imprisonment. 4. Parole: No information. 5. Commutation: No information.
WISCONSIN:
1. Year abolished: 1853.
2. Crimes for which capital punishment is retained: None.
3. Sentences in lieu of capital punishment: Murder in the first degree, life imprisonment; rape, sentence may not exceed 30 years; second degree murder, 5 to 25 years; third degree murder, not more than 25 years.
4. Parole: Wisconsin permits parole for any offense but in some instances does not permit probation. The minimum length of a life sentence with reduction for good behavior is 11 years and 3 months.
5. Commutation: Life sentences can be commuted to a certain number of years.
The states shown above plus Minnesota makes a total of thirteen states which do not have capital punishment at the present time except for the crimes indicated under New York, North Dakota, Rhode Island and Vermont. A letter was written to all states except Vermont which have abolished capital punish ment to solicit the information included in this memorandum, but a reply was not received from Minnesota. Little information is shown for Vermont, because it was not known until recently that Vermont had abolished capital punishment, and time did not permit writing a letter to that state.
INTERIM COMMITTEE REPORTS
2.689
EXHIBIT "B"
CAPITAL OFPENSES IN GEORGIA
Code Section
26-801 26-903 26-1005 26-1103 26-1104 26-1208 26-1302 26-1304 26-1603 26-2204 26-2206
26-2301
26-2302
26-2303
26-2502 26-4007
""
26-5203
26-5401
26-7310
""
26-7314
Code Anno. Sec. 26-7320
Code Anno. Sec. 26-8117 Code Anno. Sec. 42-9917
Treason
Insurrection
Murder
Foeticide
Advising the killing of an infant
Castration
Rape Sexual intercourse with a female under 14
Kidnapping for ransom Burning of railroad bridge
Arson causing death. (See also Sections 26-2208, 26-2209 and 26-2210, 26-2211)
Destruction of a house with explosive substances causing death
Malicious destruction of a house within a city or town Malicious destruction of a house not within a city or town
Robbery by open force. Perjury causing death or perjury resulting in the conviction of another person of an offense punishable by death. Dueling when death ensues
Mobbing or lynching causing the death of a citizen
Wrecking train when death ensues.
Destroying railroad property, etc. when death ensues
Mishandling snakes or advising or counselling the mishandling of snakes when death ensues. (See also Sections 26-7318 and 26-7310).
Desecration of a burial place with intent to rob
Second conviction for furnishing minor narcotic drug
2690
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All offenses
Total Wl.ite Itegro Other
Total
Murder White Negro Other
Bape
Total
Other offenses
Armed
Kid
robbery naping
Other . . offenses (a '
Total White Negro Other Total White Negro White Negro White White Negro
SOUTH ........... 2,304 635 1,659 10 1,822 583 1,231 8
443 43
398
2
39
9 30
4 19
5
11
DelauareW ...
12
5
7
8
4
4
41
68 13
55
44
7
37
24 6
18
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4o
3
37
37
3
34
3
3
92 17
75
71 17
54
21
21
West Virginia .. 40 31 North Carolina 263 59 South Carolina 162 35
366 68
9 199 5 127
298
36 28
8
207 55 149 3
120 30
90
299 65 234
1
1
3
47 4
41 2
9
42 5
37
61 3
58
6
3 9
6
3 6
9
H
H
170 57 113
133 55
78
36 1
35
1
1
1
103 51
52
88 47 41
10 1
9
5
3
2
3
2
Mississippi ...
93 27
134 27
154 30
118 133
2370
59 41
297 114
66
107
124 90 1 103
15 3 182 1
66 22 105 25 130 30 99 25 116 30 53 39 210 101
44 80 100 73 1 86 11 3 108 1
27 5
22
22 2
20
21
21
19 2
17
17
17
4
4
84 13
71
7
7
5
3
3
3
S
2
1
1
3
3
3
2
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506 403
82 21
493 391
61 21
13
12
1
7
5
1
H
64
2
64
2
3
65
1
i.
6
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46 4o
51
46 j
51
O
New Mexico . . .
86
2
38 28
10
86
2
,38 28
10
H
13 13
13 13
CO
29 27
2
29 27
2
Washington . . .
47 40
52
46 39
52
-
-
--
1
1
-
-
-
1
-
-
Oregon (c ) .... California . . .
19 291
22116'
3 52 18
19 16 279 210
3 51 18
12
11
1
6
5
1
Alas!ta( a ) ....
XX XX
XX XX
XX XX
XX XX
XX XX
XX XX XX
XX XX
XX XX XX
XX XX
Hauali(d; ....
XX XX
XX XX
XX XX
XX XX
XX XX
XX XX XX
XX XX
XX XX XX
XX XX
(a) In this category the 8 Federal executions were for espionage. The 9 executions in North Carolina and the 2 in Alabama were for burglary. In California,
the 6 executions were for aggravated assault committed by prisoners under a life sentence.
fb) Death penalty illegal during entire period, except for provisions indicated in the text.
(c) See text for period during which death penalty was in force. (d) Alaska and Hawaii when territories abolished capital punishment in 1957. Afi States, Alaska and Hawaii are included in this series beginning Jan. lt I960.
to Oto
2692
JOURNAL OP THE HOUSE,
Honorable George T. Smith, Speaker House of Representatives Honorable Peter Zack Geer, President State Senate Members, Georgia General Assembly
December 23, 1965
Gentlemen:
On behalf of the members of the Legislative Compensation Study Committee created by HR 292 during the 1965 session of the Georgia General Assembly, I am pleased to present the Committee Report.
The; nine members of the Committee have met numerous times, and conducted an impartial and thorough study of compensation and expenses received by mem bers of the General Assembly. We are happy to call to your attention that this Committee has held its meetings, conducted its business and completed this report --;at no cost to the State or the taxpayers.
; We .commend this Report to you, with our appreciation for the opportunity to contribute our efforts to an improvement in the current method of com pensating our State Legislators.
Sincerely,
/s/ Clifford M. Clarke, Executive Vice President Associated Industries of Georgia Chairman
Legislative Compensation Study Committee
CMC:sa
REPORT OF THE
GEORGIA LEGISLATIVE COMPENSATION STUDY COMMITTEE
December 23, 1965
FOREWORD
The legislative Compensation Study Committee was created by House Reso lution 292 during the 1965 Session of the General Assembly of Georgia, to be composed of members from representative groups with interest and responsibili ties throughout the State. The Committee thus established was directed by the language of the Resolution to conduct a thorough and exhaustive study of the compensation of the members of the General Assembly, and report its findings and recommendations to the 1966 Session of the General Assembly.
In following these directions, the Committee endeavored to confine its study to actual compensation; however, the Committee found that there are related factors which should also be taken into consideration. For this reason, the Com mittee established specific objectives.
INTERIM COMMITTEE REPORTS
2693
OBJECTIVES
In this report, our objectives have been to suggest ways:
(1) To compensate legislators fairly, so that any individual may serve his state without undue hardship to himself and family.
(2) To further enhance the dignity and prestige of service in the legislature.
(3) To improve the legislative process.
In accordance with the Resolution, the undersigned, as a committee and as individuals, engaged in considerable research and study before reaching the conclusions and recommendations hereafter set forth.
THE PROBLEM AND ITS BACKGROUND
There are two schools of thought regarding legislative compensation. One holds that higher compensation will induce men of high caliber to offer them selves for public office. The other school of thought contends, just as vigorously, that higher compensation will induce men of lesser stature to seek legislative of fice, merely for the compensation. Advocates of this philosophy point to the English system, wherein the real reward of public service is found in the honor. The compensation is incidental, serving merely to enable citizens without sub stantial private means to accept high office. In this report we have not tried to reconcile these two philosophies, but believe that the answer lies always in the election of good men to office. We are confident, however, that improvement in the compensation, and consequently, the status of legislators, will encourage more citizens of real ability to step aside from their private affairs and give their attention to the duties of public office, without unreasonable sacrifice and hardship on their part.
The State of Georiga is big business. Its government involves not only the enactment of laws for its people, but also the wise appropriations and manage ment of tremendous sums of money, and the performance of many services to its four million citizens. To manage this tremendous business, the people have elected a Governor and 259 members of the General Assembly, 205 in the House and 54 in the Ssnate. It is interesting to note that less than one-fourth of one percent of the State's approximately $530,000,000 budget for the 1964-65 fiscal year was paid to those who have the responsibility for appropriating this huge sum. The Governor is expected to, and does, give his full time to the business of the State, but the members of the General Assembly have, in the past, been considered, and in many instances, have regarded their duties to be part-time. Nevertheless, citizens of the State should recognize that their government, in cluding the legislative branch, is a year-round business which requires year-round planning, supervision and management.
That reform is needed in Georgia is obvious to all thinking citizens. Many of our people believe that the remedy may be found in a two-pronged reform: higher pay on a salary basis, and greater professional and technical assistance to members of the General Assembly at all times.
2694
JOURNAL OF THE HOUSE,
PRACTICES IN OTHER STATES
Our study reveals that the compensation of Members of the Legislature is a problem which is being faced in all fifty states of the Union, and no state has settled the matter in a completely satisfactory manner. Practices in the various states range from that of the State of New York--$10,000 annual salary, plus $1,000 per year in expense allowance--to the daily compensation of $5.00, plus mileage, paid by the State of Rhode Island. However, the same study shows that the trend is toward the payment of fixed salaries, with 35 states now paying a salary. Tabulation I, appended to this report, shows the great variety in salary and compensation.
PRESENT COMPENSATION AND REIMBURSEMENT OF EXPENSE TO MEMBERS OF THE GENERAL ASSEMBLY IN GEORGIA
In Georgia, legislators receive compensation in two ways--a per diem plus an expense allowance.
The Constitution of Georgia provides as compensation to members of the General Assembly:
"The per diem of members of the General Assembly shall be $10.00 per day plus the additional sum of $5.00 per day for maintenance ex pense; and the mileage shall not exceed 10 cents for each mile traveled by the nearest practical route in going to and returning from the Capi tol; but the President Pro Tempore of the Senate, when serving as pre siding officer thereof, and the Speaker of the House of Representatives, shall each receive $15.00 per day as per diem plus the additional sum of $5.00 per day for maintenance expense."
The General Assembly has, by resolution, increased the expense allowance to Forty ($40.00) Dollars per day while in session, so that the total compensa tion, exclusive of travel allowance, amounts to $2,000.00 for each legislator during the 40-day session and $2,250.00 for the 45-day session. The General Appropriations Act provides as follows, relative to interim committee pay:
"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, $20.00 per diem, expense and mileage while performing such committee duties."
The compensation of interim committee between sessions of the General As sembly, adds to the confusion of the problem and augments the difficulties of solution.
Members of the Committee conducted a written survey among all members ,of the 1966 General Assembly, and reviewed the annual State audits for several of the most recent years. Tabulation II, appended to this report, shows the response to the former.
State audits for any period, reveal a substantial range in the aggregate amount of payment for all purposes to legislators. Whether or not extra com pensation for service on interim committees, is earned in each or any instance is beyond the purview of this report. Some interim committee work is necessary
INTERIM COMMITTEE REPORTS
2695
and desirable. However, it is our considered opinion that expanded service and research facilities in the Legislative Counsel's office, would result in better coordination of legislative and committee objectives.
RECOMMENDATIONS
The Committee has had no difficulty in reaching unanimous agreement upon the principle that the members of the General Assembly of Georgia should be compensated by payment of a fixed annual salary, plus reimbursement of necessary expense on some realistic basis. All of us feel that a conscientious, dedicated and able legislator is actually worth much more than the compensation which we recommend.
The Committee has had much greater difficulty in arriving at its recom mendations concerning the amount of such annual salary, and the proper basis for reimbursement of expenses. The recommendations represent the concensus of opinion and give and take after much discussion, rather than complete unanimity throughout the debt and on each detail of the recommendations. The Committee has agreed to submit only the recommendations of the majority.
The Committee's recommendations are as follows:
SALARY
We recommend that the total annual salary of a member of the General Assembly be $4,200.00 per annum. We recommend that no additional compensa tion be paid for service upon interim committees, for regular or special sessions. We further recommend that the Speaker of the House be paid a salary of $12,000 per annum; the Speaker Pro Tempore of the House be paid a salary of $5,000 per annum; and the President Pro Tempore of the Senate be paid a salary of $5,000 per annum.
MILEAGE
We recommend that legislators be allowed mileage of 10 cents per mile for not more than four (4) round trips during each regular session, and two (2) round trips during each special session, from their residence to the State Capitol, by the most practical route. The same recommendation as to rate per mile is made for all interim committee service.
REIMBURSEMENT FOR EXPENSES
We recommend that members of the General Assembly be reimbursed for actual expenses during attendance at sessions of the General Assembly and in active service on interim committees, as follows:
Lodging: Reimburse actual expense, but not to exceed the rate of $14.00 per day. Board and Incidental Expense: Reimburse actual ex pense, but not to exceed $12.00 per day. Provided, on any day when a member does not apply for and receive an allowance for lodging, he may be reimbursed for actual mileage in travel to and from his place of abode, whether his residence, or another site, at the rate of 10 cents per mile, but not to exceed the amount of $14.00 a day.
2696
JOURNAL OF THE HOUSE,
LEGISLATIVE SERVICES
We recommend that the staff and facilities of the office of Legislative Coun sel be expanded substantially to provide additional service and research for the General Assembly. We recommend also that immediate steps be taken to provide during sessions, additional office and committee space and secretarial help for members of the Legislature.
ESTIMATED COST OF COMPENSATION AND EXPENSE RECOMMENDATIONS
For the fiscal year ending June 30, 1965, the total amount expended for personal services and travel for members of the General Assembly and committees amounted to (in round figures) $921,000.00. This sum is .174% of the almost $530,000,000.00 State appropriations for that year. In the event a $4,200.00 annual salary is provided for members, plus $26.00 per day maximum expense allowance during the regular 45 day split-session, the amount involved would be $1,401,000. Assuming that interim committee expenses would be reduced by at least 50%, an estimated $150,000.00 would be added to this amount which would give a total of $1,551,000.00. This would add approximately $630,000.00 to the present cost. The General Appropriations Act, as it now exists, provides for over $630,000,000.00 for the 1966-67 fiscal year. Since any salary bill enacted in 1966 would more than likely not go into effect until 1967, at which time the total State appropriations will probably be pushing the $700,000,000. mark, the per centage would be approximately .221%.
CONCLUSION
The members of the Committee do not consider that acceptance of the fore going recommendations, to the letter, will in any wise bring about Utopia with respsct to the problem of compensation of members of the General Assembly. We believe, however, and it is our hope, that progress will be made toward achievement of the objectives which we stated. The General Assembly, and finally the citizens, will judge to what extent our recommendations achieve these objectives.
In this connection, we are mindful of the fact that our state may face an other issue of reapportionment within a few years, perhaps as early as 1968, under the directive of the United States District Court, in a proceeding where one reapportionment has already been required and accomplished. Reapportion ment, possibly with some reduction in the number of members of the General Assembly, conceivably might bring other problems and open other avenues of discussion and progress on the subject. Regardless of reapportionment, however, the problem of compensation and reimbursement of expense to members of the General Assembly is a continuing problem which deserves continuous attention and study, and this we also recommend.
SPECIAL ACKNOWLEDGMENT
The Committee wishes to express its appreciation for the invaluable contri butions of three alternates who participated during the Committee discussions and deliberations:
W. Elmer George, alternate for Georgia Municipal Association;
INTERIM COMMITTEE REPORTS
2697
Mrs. Glen Parham, alternate for Georgia League of Women Voters; and T. Scott Walters, International Association of Machinists, alternate for Labor.
In addition, the Committee records its sincere gratitude to Frank H. Edwards, Legislative Counsel, for his able and continuing assistance to the Committee in the development and preparation of research information and material.
Representing: Industry
Georgia State Chamber of Commerce Georgia Education Association
Association of County Commissioners of Georgia Georgia Bankers Association
Georgia Farm Bureau Federation
Georgia League of Women Voters Georgia Municipal Association
Labor
Respectfully submitted,
LEGISLATIVE COMPENSATION STUDY COMMITTEE By:
/s/ Clifford M. Clarke Executive Vice President Associated Industries of Georgia Atlanta Chairman
/s/ Claude Y. Carruth Ernst and Ernst, Atlanta Vice-Chairman
/s/ E. C. Mitcham Director of State and Federal Relations Georgia Education Association Atlanta
/s/ Harold Sheats County Attorney, Pulton County. Atlanta
/s/ A. Myrl Simpson Assistant Vice President Columbus Bank and Trust Company Columbus
/s/ R. G. Daniell Member, GFBF Legislative Committee Metter
/s/ Mrs. Wesley Buck Decatur
/s/ Robert H. Patterson City Commissioner Columbus
/s/ Arnold McDonald Representative International Printing Pressmen and Assistants Union of North America
to O5
TABULATION I
COMPENSATION OF LEGISLATORS. BY STATE (as of September, 1965)
ABBREVIATIONS: RE - Reimburse actual and necessary expenses. NK - Not Known RR - State Railroad Pass
ABBREVIATIONS:
Odd - Biennial legislative sessions
meeting in odd years.
Even - Bienniel legislative sessions
meeting in even years.
A - Annual legislative session
C - Calendar days
e-i
L - Legislative days
O
State
Session
PAY AND EXPENSES Interim Work
TRAVEL
>
Session
Interim Work
F
O
No. of Annual Pay Per Exp . Allow .
Pay Per Exp. Allow. Rate Per Limit Round Rate Per
Members Salary
Day*
Per Day
Length of Session
Day
Per Day
Mile
Trips
Mile
Limit
Alabama Alaska Arizona Arkansas
(141)
$10
$20
( 60)
$2,500
$35
(108)
$1,800
$12
(135)
$1,200
$20
36L, Odd No Limit, A 63C, A 60 C, Odd
$10
$20
$35
$20
$12
$20
10f
I
10t
Actual
Miles
I5f
1
RE
RE
O
CJ
lot
1 every 2
lot
Actual
w
weeks
Miles
st
I
St
Actual
Miles
California
(120)
$6, 000
$21
120C, Odd-30C,
$25
Even
5t
I
lit
Actual
Miles
Colorado
(100)
$3,200
120C, A
$20
8r
Actual
8?
Actual
Miles
Miles
* - Unless otherwise noted, pay and expense are per calendar day.
PAY AND EXPENSES
TRAVEL
Session
Interim Work
Session
Interim Work
State
No. of Annual Pay Per
Members Salary
Day*
Exp . Allow .
Per Day
Length of Session
Pay Per Exp. Allow
Day
Per Day
Rate Per Mile
Limit Round Rate Per
Trips
Mile
Limit
Connecticut Delaware Florida
Georgia
(330) (52) (133)
(259)
$1, 000 - $3,000 - $1,200 - -
__
$10
$500 per session $12.50 per year $25
$40
150C, Odd 90L, Odd 30L, Even 60 C, Odd
40 C, A
--
RE
NK
NK
$20
--
$20
RE
10?
No Limit
RE
RE
10*
No Limit
NK
NK
lot
1 per week
10?
Actual
10?
4
Miles
8?
Actual
Miles
oOg
Hawaii Idaho Illinois Indiana Iowa
( 76) (103) (235) (150) (158)
$2, 000 _ _
$10 $6,000 _ _
$1,800 _ _
__
$30
$45
$15 $50 per session __
__
60 C, Odd 30 C, Even
60 C, Odd
No Limit, Odd
60 C, Odd
No Limit, Odd
$45
__
NK
NK
__
RE
$20
$30
_.
20?
1
10?
1
RE
RE
H
H
H
NK
NK
10?
1 per week
10?
Actual
Miles
H
^
7?
I per week
7?
Actual
Miles
O W H
7?
I
7?
Actual
Miles
Kansas
(165)
$50 /mo. $10
$15
when not
in sess.
60L, Odd 30 C, Even
$10
$15
7?
6 long sess .
7?
Actual
3 short sess.
Miles
Tabulation I - Page 2
to
tOoS
2700
JOURNAL OF THE HOUSE,
.c
Is
S2
INTERIM COMMITTEE REPORTS
2701
*s
BJ
co
ww
pi
Qi
s-a
rtirt'D
s
to
Session
PAY AND EXPENSES Interim Work
Session
TRAVEL Interim Work
State
No. of
Annual
Members Salary
Pay Per Day*
Exp. Allow. Per Day
Length of Session
Pay Per Day
Exp . Allow . Rate Per Limit Round Rate Per
Per Day
Mile
Trips
Mile Limit
Ohio Oklahoma
(177) (165)
Oregon
( 90)
Pennsylvania (260)
Rhode Island (144) South Carolina (170)
$5,000 $100 a $15 mo .when not in ses $3,000
$6,000
$5 $1,800 - -
South Dakota (110)
$1,500
--
.$20
$3,000 per year
$15 paid up to 40 days
No limit, Odd 75L, Odd
No limit. Odd No limit, A 60L, A No limit, A
45, Odd 30, Even
RE
$15 (in
--
state)
$25 out
RE
$20
RE
NK
NK
$10
$10
I0f
I per week
RE
RE
lOf
I per week
RE
RE
lot
I
It
Actual
Miles
f5
lot
1 per week
lot
Actual
Miles
o"3
8*
No limit
wH
ta
9*
1 per week
NK
NK
oW
<q
5*
1
7f
Actual
CG
H
Miles
Tennessee
(I3Z)
$10
$5
Texas
(181)
$4,800
$12
75C, Odd
$10
RE
l&t
1
140C, Odd
$12
lot
1
RE
RE
lot
Actual
Miles
Tabulation I - Page 5
Session
PAY AND EXPENSES Interim Work
Session
TRAVEL Interim Work
State
No . of Annual Members Salary
Pay Per Day*
Exp. Allow. Per Day
Length of Session
Pay Per Day
Exp. Allow. Rate Per Limit Round Rate Per
Per Day
Mile
Trips
Mile Limit
Utah Vermont
( 89) (278)
$500
$5
$85 a week
60C, Odd
RE
10*
1 per week
RE
RE
No limit, Odd
$15
RE
20*
1 per sess .
RE
RE
H
Virginia
(140)
Washington
(148)
West Virginia (132)
Wisconsin
(133)
$540 $1,ZOO $1,500 $5,400
$720 per reg. sess.
$25
60C, Even 60 C, Odd
$18 $25
60C, Odd -
$25
30 C, Even
$175 per
No limit, 'Odd
RE
month
7*
1
7*
Actual
Miles
O
O
10*
1
10*
Actual
B
Miles
BI--i
10*
1 per week
10*
Actual
H H
Miles
H
IS
10*
1
RE
RE
Wyoming
( 83)
~ ~"
$12
$2.0
40 C, Odd
$10
$12
8*
1
9*
Actual
Miles
H Ui
Tabulation I - Page 6
2704
JOURNAL OP THE HOUSE,
TABULATION II
SURVEY AMONG LEGISLATORS, RELATING TO COMPENSATION
On October 19, 1965, a questionnaire was sent each member of the 1966 Georgia General Assembly, requesting replies by October 28th. 259 question naires were returned.
The questions asked, and the composite answers follow:
A. Do you favor placing members of the General Assembly on an annual salary in lieu of the per day method of compensation?
Yes -- 168 No -- 24
Not counted (unsigned, no opinion, etc.) -- 6
B. To be answered only by those who favor annual salary.
1. What amount of annual salary do you favor?
$ 2,000 -- 2 2,400 -- 7 2,500 -- 4 3,000 -- 19 3,250 -- 2 3,500 -- 2 3,600 -- 51 4,000 -- 10 4,200 -- 5 4,500 -- 3 4,800 -- 10 5,000 -- 31 5,200 -- 4 5,500 -- 2 6,000 -- 6 7,500 -- 1 8,000 -- 2 10,000 -- 1 12,000 -- 1 15,000 -- 1 ? --4
2. Do you favor payment of expenses during regular sessions?
Yes -- 130 No -- 38
If your answer is yes, do you favor reimbursement of actual expenses (hotel and meals) or a fixed amount for expenses?
Reimbursement -- 14
Fixed
-- 116
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If your answer is for a fixed amount, what amount per day do you favor?
$10 -- 8 15 -- 14 20 -- 52 25 -- 28 30 -- 10 40--4
Do you favor the payment of travel expenses for round trips home during sessions ?
Yes -- 149 No -- 16
If your answer is yes, state the rate per mile you favor and the number of trips for which payment should be made.
Rate per mile
60 -- 2 70 -- 9 8$ -- 33 100 -- 88 120 -- 7 200 -- 5
Number of trips
2--8 3--3 4 -- 65 5--4 6 -- 30 8 -- 10 12--6
3. Do you favor payment of per day compensation for interim committee
work?
*
Yes -- 66 No --- 100
If your answer is yes, what amount per day do you favor?
$10 -- 2 15--1 20 -- 22 25 -- 19 30--9 40--8 50--2 60--3
Do you favor payment of expenses (hotel, meals, and travel) for interim committee work?
Yes -- 143 No -- 14
2706
JOURNAL OF THE HOUSE,
If your answer is yes, do you favor reimbursement of actual expenses or a fixed amount for expenses?
Reimbursement -- 39
Fixed
-- 102
If you favor a fixed amount, what amount per day do you favor?
$10 -- 3 15--2 17--1 20 -- 48 25 -- 33 30--4 40--2
C. To be answered only by those who favor the per day method of com pensation.
1. What amount per day do you favor?
$ 10 -- 6 20--5 50--9
100 -- 3
2. Do you favor payment of expenses during regular sessions?
Yes -- 19 No -- 4
If your answer is yes, do you favor reimbursement of actual expenses (hotel and meals) or a fixed amount for expenses?
Reimbursement -- 2
Fixed
-- 21
If your answer is for a fixed amount, what amount per day do you favor?
$10 -- 2 15--1 20--3 40 -- 11 50--3 85--1
Do you favor the payment of travel expenses for round trips home during sessions?
Yes -- 20 No -- 3
If your answer is yes, state the rate per mile you favor and the number of trips for which payment should be made.
Number of trips
6tf -- 2 84 -- 3 10<} -- 13
INTERIM COMMITTEE REPORTS
2707
3. Do you favor payment of per day compensation for interim committee work?
Yes -- 21 No -- 2
If your answer is yes, what amount per day do you favor?
$ 10 -- 2 20--9 25--2 30--1 35--1 40--1 50--4 100 -- 1
Do you favor payment of expenses (hotel, meals and travel) for interim committee work?
Yes -- 18 No -- 4
If your answer is yes, do you favor reimbursement of actual expenses or a fixed amount for expenses?
Reimbursmeent -- 10
Fixed
-- 12
If you favor a fixed amount, what amount per day do you favor?
$20 -- 5 25--1 30--1 40--3 50--1 85--1
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 TO STUDY THE DAY NURSING PROGRAM IN GEORGIA.
THE COMMITTEE
Honorable Mac Barber Representative, 24th District Chairman Honorable Harry D. Dixon Representative, 83rd District
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JOURNAL OF THE HOUSE,
Honorable Francis Houston Representative, 84th District
Honorable Arch Gary Representative, 35th District Secretary
Honorable Albert S. Johnson, Sr. Representative, 25th District
Honorable Gerald H. Leonard Representative, 3rd District
Mrs. Janet S. Merritt Representative, 68th District
February 1, 1966
CONTENTS
Page No.
INTRODUCTION ,, ..__.___.___________..._..._.___.____..____......_____._._._......_._.________.........._. 1
I. A Brief History of Day Care and Recent Trends . ....._....._,,_.________.____ 3
II. Results of Public Hearings and Related Information ______________________ 6
III. Recommendations of Interested Groups ...... ._............._._.___._...._....._.._ 9
IV. Changes in "Standards for Day Care Services" Proposed by the Division for Children and Youth ___._._..___..__..._.....___._.__,,.___.._..__..........,,.. 21
V. Conclusions and Recommendations of the Committee . ._.....__._............. 26
INTRODUCTION
Pursuant to the authority under House Resolution Number 221, a Committee to study the Day Nursery Licensing Program in Georgia was created by the Speaker, the Honorable George T. Smith, following the legislative session of 1965. The reasons for creating this Committee were as follows:
There had been many recent press reports concerning controversies relative to the Day Nursery Program in Georgia and the rules and regulations promulgated by the Division of Children and Youth of the Department of Family and Children Services governing day nurseries. It was deemed that this is a most important area, inasmuch as it relates directly to the very young children in this State, and, since the new program of licensing has created some unrest among owners and operators, the legislative body was deemed to be in need of information con cerning the progress of the Day Nursery Licensing Program and the application of the law, rules and regulations relative thereto.
INTERIM COMMITTEE REPORTS
2709
The General Assembly of the State of Georgia, by an Act approved March 14, 1963 (Ga. Laws 1963, p. 81), created the Division of Children and Youth within the Department of Family and Children Services. The Act provided that the Division of Children and Youth had as its purpose:
"To promote, safeguard and protect the well-being and general welfare of children and youth of the State through a comprehensive and coordinated program of public child welfare and youth services providing for social services and facilities for children and youth who require care, control, pro tection, treatment or rehabilitation and for their parents; setting all stand ards for social services and facilities for children and youth; cooperation with public and voluntary agencies, organizations and citizen groups in the development and coordination of programs and activities in behalf of chil dren and youth; and promotion of community conditions and resources that help parents to discharge their responsibilities for the care, development and well-being of their children. It is the further purpose of this Act to pro vide a qualified group of citizens and professional leadership which will identify and study the problems of youth, recommend and effect possible solutions, and work actively for State and prisons, patients in our mental hos pitals and persons dependent upon public assistance programs, authorized and directed the Division of Children and Youth to license all child welfare agencies, of which Day Care is one."
In order to carry out the applicable provisions of the Children and Youth Act, standards were promulgated by the Division of Children and Youth to serve as the basis for the licensing of Day Care centers. Day Care services are designed to meet the needs of children and families for child care during a portion of the day. The purpose of Day Care programs is to supplement parental care and en courage the health, physical, social, emotional growth of children in a super vised setting. The preparation of minimum standards was left by the legislature entirely in the hands of the Division of Children and Youth of the Department of Family and Children Services, which prepared a twenty-one (21) page set of standards, and which was distributed throughout the State. These standards were termed minimum, with more desirable goals in view for the future. They covered, in detail, five broad areas:
1. Licensing and administrative policies (including health and fire standards)
2. Organization and administration (general practices, policies and procedures, including records)
3. Buildings, grounds, equipment (building specifications, outdoor and indoor space, outdoor and indoor equipment, both movable and stationary)
4. Staff (requirements, training, teacher-children ratio)
5. Program (including planning, health and training plans, nutrition and food serv ices, pre-school and school age programming, parent programs, trans portation) .
With this information as background, the report that follows consists of the following Sections:
2710
JOURNAL OF THE HOUSE,
I. A brief History of Day Care and Recent Trends II. Results of Public Hearings and Related Information III. Recommendations of Interested Groups IV. Recommendations of the Division of Children and Youth regarding
proposed changes in the present Standards for Day Care Services V. Conclusions and Recommendations of the Committee
I--A Brief History of Day Care and Recent Trends
The twentieth century has been called the century of the child because of the unprecedented interest which our society is showing in all phases of child welfare work. While this interest embraces children of all ages, there is, at present, especial interest in the pre-school period.
It is clear that ours is not the first generation to concern itself with the young child; but, whereas in the past a few outstanding individuals have been responsible for any progress made, today--people representing more than one profession and numerous lay organizations, are working in the interest of the pre-school child.
The findings of medical examiners, connected with draft boards, and the experiences of physicians, nurses and reconstructive aids in war hospitals, reveal a surprising prevalence among grown men of physical and mental handicaps which might have been prevented with relative ease in early pre-school child hood. It is well known that these findings were a powerful factor in directing the attention of society toward the needs of childhood. In England, the Education Act of 1918 authorized the establishment of nursery schools as part of the National school system. Modern science conceives of the individual as a highly complex organism, engaged throughout its span of existence in making a series of adjustments to a highly complex environment. Early records show that a day nursery was established in Switzerland as early as 1767. By 1913, most large cities in Germany had Day Care nurseries for babies under three and all day kindergartens to care for pre-school children three to six years of age. Thus, "kindergarten", as originated by Fedrich Frobel, became a pre-school educa tional system that continued the task of the day nursery service.
The growth of the day nurseries in this country has been remarkable. Today, in the United States, there are some 17,000 day nurseries or child care facilities of one kind or another for pre-school children. Most of these centers are operated for a profit. By far, the larger number of these centers have programs which provide some type of educational activity above and beyond simple custodial care.
The long, true historical picture shows that for over 150 years privately owned child care centers have labored to provide care for the children of work ing mothers with very little, if any, support from public tax money. Facts show that there are eight million mothers with children under eighteen years of age in today's labor force. Of these mothers, three million have children under six; five million have children six to seventeen years of age; fifteen million have children under eighteen (or 23% of all children under eighteen have employed mothers). States vary widely in the proportion of women in the labor force, but the largest portion of employed mothers are found in the southern states. Thirty seven (37%) percent of all women in urban areas are in the labor force, as compared with twenty seven (27%) percent in rural areas. Further variations
INTERIM COMMITTEE REPORTS
2711
are found within each type of area. In urban areas, forty (40%) percent of all women living in central states are in the labor force. Thirty four (34%) percent in the urban fringe are in the labor force, twenty nine (29%) percent in rural non-farm areas, and twenty three (23%) per cent in rural farm areas are in the labor force. One-half of the five and one-half million children under eighteen, who are living with their mothers only, have an employed mother, and one-fourth of the mothers of children in families with both husbands and wife are employed. Fifteen (15%) percent of all ADC mothers living in the home are working for pay--five (5%) percent full time and ten (10%) percent part time. About six out of ten children of mothers who are employed full time are cared for in their own homes while their mothers work, usually by fathers or other relatives, four out of ten are cared for away from home by relatives, neighbors, in group care, or under other arrangements. A 1958 survey showed that about 400,000 children under twelve are expected to take care of themselves while their mothers work full time. The aggregate capacity of all reported licensed Day Care facilities in the United States, that is; Day Care centers and family Day Care homes, could serve an estimated only 185,000 children.
Forty seven states have licensing provisions for Day Care centers. Georgia is one of the latest states to adopt a licensing procedure for nurseries. As has been said, there are about 700 Day Care centers in Georgia, with approximately 20,000 children enrolled in them. In the first year of licensing, a total of 168 temporary licenses were granted regular licenses. The number has been greatly increased to the present time.
II. Results of Public Hearings and Related Information.
Realizing that many of the complaints of operators seemed based on real grounds, and that the very fact that the program is new and understaffed, from a departmental and licensing level, the Committee, from the first meeting, de termined to give all who wished to testify every opportunity to do so. It also realized early that all centers do not fit into the same exact category, and that this causes natural concern among dedicated and conscientious operators, all of whom seem to have the welfare of the child at heart. Even as the study got under way, the new Federal Economic Opportunity Program, with its Head Start, moved in and threw a new note into the already complicated situation. Broadly, the survey was sorted into the following:
(a) Hearings and surveys of established licensed Day Care centers, both private and semi-private, including Church and organizational-sponsored, and representatives of their organizations.
(b) Hearings and surveys of temporary licensed Day Care centers.
(c) Constant conferences with officials of the Children and Youth Depart ment of the Family and Children Services, as the study progressed.
(d) Field trips over the State, with the purpose of getting the pulse of regional administrators and operators, and actually to see all kinds of Day Care centers in operation.
(e) Comparison of present Georgia standards with those of other states.
(f) Consultations and visitations with Federal administrators of Federal programs, including Economic Opportunity and Head Start, and other related groups concerned with child care, of both financially needy and non-needy children, including all types of deprived children.
2712
JOURNAL OF THE HOUSE,
(g) Intermittent consultations with professionals such as child psychiatrists and doctors who are concerned primarily with the end development of the individual into a useful, adjusted and happy citizen, and their feel ings of the position of Day Care in twentieth century society.
It would be beyond the scope of th:'s report and cause it to be unnecessarily lengthened to attempt to summarize the great bulk of testimony heard by the Committee except in a very general way. The remarks shown below attempt to distill the most important points made at these public hearings into a few short statements which it is hoped will give the General Assembly an idea of the range of opinions that exist on this important subject. It should be stressed that these were not the only points made, and a great deal of information was presented to the Commi^ee to back up the opinions expressed. It is only for the sake of brevity and convenience that only a few remarks are given in explanation of each of these opinions. Although the testimony cannot be realistically summarized in this report, the Committee requested and received written recommendations from interested groups, and these recommendations are set forth in Section III of this report.
MAIN POINTS MADE IN OPPOSITION TO REGULATION OF DAY CARE BY THE DIVISION OF CHILDREN AND YOUTH
(1) Private dav care centers are operated as private businesses on a profit basis and should be allowed to operate with a minimum of governmental interference.
(2) The State and its agencies cannot understand the problems associated with private enterprise, and, as a result, cannot realistically evaluate the problems facing private day care owners and tend to view the fac tors associated with day care from one side only.
(3) Private day care serves a genuine need in Georgia but unreasonable rules and regulations tend to increase the cost of private day care to the extent that it cannot be afforded by those people who need the service most.
(4) The local health departments, being closer to the situation, are in a posi tion to understand and appreciate the problems of private day care centers, particularly as such problems vary from area to area and would, therefore, be the proper and logical agency for exercising any super vision of day care that might be needed.
(5) The Division of Children and Youth is not equipped or staffed to serve the entire State, and unreasonable and unnecessary delays are encoun tered by day care owners in the licensing and inspection procedures.
MAIN POINTS MADE IN FAVOR OF REGULATION OF DAY CARE BY THE DIVISION OF CHILDREN AND YOUTH
(1) The well-being of the children in Day Care centers should be the pri mary concern, notwithstanding the profit motive.
(2) The pre-school years are of vital importance in the development of chil dren, and their experiences during these years have a permanent effect on their emotional and intellectual development.
INTERIM COMMITTEE REPORTS
2713
(3) Day Care should be more than merely having custody of children for a few hours per day. It should provide a warm, healthy intellectual and emotional environment to aid in the overall development of the child.
(4) Day Care operators and employees should be trained in child develop ment and care.
(5) The State is the only agency equipped to provide minimum standards through out the State, and the well-being of the children of Georgia is a proper area for State concern and regulation. Supervision and regu lation by the various local departments of health would be haphazard and ineffective at best.
III.
RECOMMENDATIONS OF INTERESTED GROUPS
EXHIBIT #1
RECOMMENDATIONS FROM THE EXECUTIVE BOARD OF THE GEOR GIA PRE-SCHOOL ASSOCIATION TO THE GEORGIA DEPARTMENT OF FAMILY AND CHILDREN SERVICES, DIVISION OF CHILDREN AND YOUTH
1. All standards, rules and regulations established by the Division of Children and Youth should be flexible and should be on a short-term basis, as the day care program in Georgia is growing rapidly and changing constantly.
2. When standards, rules and regulations are reviewed, representatives of the professionals working in the pre-school field throughout the State should be included on the board of review.
3. Standards, rules and regulations established by the Division of Children and Youth should be reviewed every six months.
EXHIBIT #2
WE OF THE GEORGIA DAY NURSERY ASSOCIATION VERY RE SPECTFULLY PROPOSE THAT THIS COMMITTEE MAKE THE FOLLOW ING RECOMMENDATIONS:
(1) That modification of Act 55 (H.B. 5) to separate privately owned day nurseries from the Welfare Department.
(2) That licensing, regulation and control be placed into the hands of County and City Governments.
(3) That until this law is modified, we respectfully suggest that you pro pose the following:
(A) That qualified personnel be used as case workers.
2714
JOURNAL OF THE HOUSE,
(B) That license procurement by the day nursery profession will not depend upon arbitrary decisions and demands made by the Welfare Depart ment.
(C) That more realistic standards be immediately formulated and put into effect.
(D) That all who render Day Care services for our children come under the same standards. This would include Church nurseries and kindergartens and privately owned kindergartens, as well as the "private" homes who care for children for pay. The law should cover all children--not simply those who are being cared for by privately owned day nurseries.
(E) That all Georgia Day Care Centers be given licenses immediately (The law provides that they were to be licensed not later than July 1, 1964). (All licenses are revokable any way, so the Welfare Department would still retain just as much control).
(F) That upon a license revocation or a license refusal, the operator could appeal the case before the Superior Court Grand Jury after a 30 day preparation time.
(G) That discrimination be discontinued immediately.
EXHIBIT #3 ASSOCIATION OF APPROVED DAY CARE CENTERS
RECOMMENDATIONS
I. There should be clearly defined differences in the licenses with the kind of license on the license, regular as well as temporary.
II. Until there is enough staff in the Day Care office for frequent inspections of everybody, the regular license should be for a longer time than one year.
III. A rigid time limit should be enforced for temporary licenses.
IV. A check list of recommendations or Day Care standards similar to that used by the Fulton County Health Department should be used by the in spector making a study, and this list posted in the center by the inspector. We suggest this because some centers have received recommendations not given to others.
V. Any criticism, before being checked on the list, or written, should be thoroughly discussed with the director.
VI. We believe there should be a license designating the center that meets or approximates desirable standards. If this is unpleasant for some directors in "free enterprise", it is, more importantly, a help to parents and children.
VII. At least some inspection should be unannounced.
INTERIM COMMITTEE REPORTS
2715
EXHIBIT #4
RECOMMENDATIONS FROM OWNERS AND DIRECTORS OF DAY CARE FACILITIES IN COBB COUNTY.
These these standards be adopted and not subject to change unless unani mously approved by all Day Care directors and owners in the State of Georgia.
Referring to Standards for Group Day Care Services, revised edition, page 2, Chapter I, last paragraph, we request that members of the Board on Day Care licensing be equally familiar with Day Care operations and problems as they are the regulations by which we are governed.
In the same chapter, page 3, under licensing procedures, why can't these reports be eliminated?
Under Administrative Policies, paragraph G, on Finance. We feel that the State's interest in our financial status is not necessary.
In paragraph J, New Centers, page 5, we feel that more emphasis should be placed on this paragraph by the Department of Family and Chil dren Services.
Organization and Administration, Chapter II, page 7, Policies and Procedures, part A, it is not clear to us which children and what family situation will be accepted by private centers.
Under F, same chapter, page 8, we feel that a telephone call by the parent is sufficient for a child to be released to go with another party.
In Chapter III, under Building, page 11, we request that the square feet per child be reduced from 35 square feet to 25 square feet per child. This is very important for those of us that have established centers.
Under part 2, same chapter, we recommend that there be one toilet and one wash basin for every twenty children enrolled in center.
In Chapter IV--Staff, under C, Page 14, we request that Teacher have the qualifications of Assistant Teacher or Teacher Aide, as defined in part D.
In Chapter V, under Program Planning, part H, page 17, there should not be a limited amount of space between cots.
In the last sentence, we recommend that should instead of shall be used in defining how large a cot should be to accommodate a child.
Under the last heading on page 17, part D, we recommend that the word pre-school be changed to pre-kindergarten.
RECOMMENDATIONS FROM LYNNWOOD PARK FOUNDATION, INC.
SOLUTION NUMBER I--Exempt charitable non-profit day care nurseries from the revised Standards for Group Day Care Services. This would be the simplest and quickest way to handle the situation.
SOLUTION NUMBER II--Put the supervision, inspection, etc. of all Day Care nurseries under the County Health Officer, rather than under the Depart-
2716
JOURNAL OF THE HOUSE,
ment of Family and Children Services. Since each County has its own health officer, this would allow local authorities who are thoroughly familiar with the situations in their particular area to handle the matter of standards and licens ing. Under this arrangement, special situations, such as ours, could be more easily handled.
SOLUTION NUMBER III--Although the Standards for Group Day Care Services, Revised, undoubtedly contain much valuable guidance material which progressive operators of nurseries would find most helpful, they should be con sidered as ultimate goals for which to strive, rather than binding requirements whose lack of fulfillment would bar the issuance of an operating license. The impractieality of these standards could be very easily eliminated by (1) delet ing those regulations which are undesirable, and (2) by substituting the obli gatory word "shall" with the more discretionary word "should" or similar dis cretionary phraseology. This would allow a nursery operator to use his own judgment in cases where the Standards are partially or wholly impossible of attainment.
With the above thought in mind, we recommend that the following deletions and wording changes be made in the Standards for Group Day Care Services, Revised:
Page 3, Section V, Paragraph B-3, Sentence number three: Delete all of sentences number three and four which read, "Therefore, children under three years etc."
Page 5, Section H, Paragraph 5 should be changed to read "It is desired that menus be posted a week in advance in a place which is accessible to parents".
Page 6, Section I, Paragraph E -- delete all of paragraph E. It is not a private organization's duty to undertake "community understanding, support, etc." Add the following sentence to Paragraph F -- "Charitable non-profit organizations may receive the services of such a director on a volunteer basis". In our area there are many capable administrators who will willingly furnish their talents at no cost, merely for the pleasure of providing a necessary service to an organization financially unable to pay for s^ch talent. The Lynnwood Park Foundation has been operating very successfully on that basis since it took over the affairs of the Lynnwood Park Day Care Nursery.
Page 6, Chapter II, Section II, Paragraph A -- Eliminate number three which reads "To establish and maintain an adequate financial structure".
Page 7, Chapter II, Section III, Paragraph D--"The Day Care center shall employ staff adequate etc." Add the following sentences: "In the case of charitable non-profit organizations, these personnel qualifications and staff-child numerical ratios should be geared to the institution's financial ability to meet them. Volunteers may be used to replace paid workers when ever this becomes financially necessary for a charitable organization to continue in operation".
Pages 7 & 8, Section IV, Policies & Procedures--To comply with all the information required would necessitate employing a part time child psychia trist and full time clerical help, office space, office machines, etc. This is financially out of the question for us.
It is therefore recommended that charitable non-profit organizations be exempted from all the provisions of Section IV--Policies and Procedures. As an alternative
INTERIM COMMITTEE REPORTS
2717
these regulations should be made discretionary by having the Section IV reguladons read "The Day Care center shall follow such policies and procedures as will promote the best interest of the child, the child's parents and the community. The following policies and procedures are suggested as desirable guidelines", then use all of Section IV, without, however, making any of it mandatory.
Page 8, Chapter II, Section V--Records. This section should be made operable by eliminating all of the provisions cf Section 2, "Health Information". This is mersly an unnecessary duplication and reiteration of the duties of the County Health officer. In DeKalb, the county nurse regularly visits and inspects our nursery.
Page 10, Chapter III, Section I, Building, Paragraph G-l. "The indoor areas . . . shall be 35 square feet per child etc." It is recommended that in charitable non-profit Day Care centers the area per child be reduced to 25 square feet per child. It is also recommended that the words "built-in storage cabinets, lockers, etc. shall not be included", be deleted. This would enable us eventually to acquire a few cabinets and a few lockers without reducing the number of children we shelter.
Page 11, Chapter III, Section I, Building, Paragraph G-2. "The bathroom should be easily accessible to play rooms . . . there shall be two toilets etc." After closely observing the use of toilets in our particular nursery, we find that a ratio of 1 toilet and 1 lavatory for each 15 children is a more practical ratio. Actually even at "peak" periods this is more than adequate. We therefore recom mend a ratio of 1 toilet and 1 lavatory for each 15 children.
Page 12, Chapter III, Section III, Equipment, Paragraph A. "The furnish ings of the day care center shall include tables, chairs, lockers, etc." We recommend that the words "shall include" be changed to "should include" in the first sentence.
In the second sentence "shall" should also be changed to read "should". Although many children like to sleep one per cot, many children, especially little boys, prefer to sleep stretched out on a deep pile rug. This is a practice widely followed in many high-type nurseries.
Page 12, Section III, Paragraph D--"There shall be sufficient wheel toys etc." Question: Who decides what amount of this play equipment is "Sufficient"? One state inspector may specify X amount, another inspector may specify Y amount. To avoid this uncertainty, we recommend that "shall" be changed to read "should".
Page 12, Section III, Equipment, Paragraph F -- "Three shall be a telephone in the day care center etc." For reasons already covered in my initial letter to the committee, we recommend that a telephone be made discretionary equipment for charitable organizations. Thus, "shall" ought to be changed to read "should". Better still, just omit paragraph F.
Page 13, Chapter IV, Staff, Section II, Paragraph A -- "Administrator Director. In a board sponsored community agency etc." This regulation blandly assumes that all community sponsored nurseries are well-heeled organizations with funds readily available to hire as director college graduates with at least a Bachelor's Degree, preferably a Master's degree. Since such ideal affluence is
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certainly not true in our case, we prayerfully urge that great consideration be given to experience. Specifically, we recommend that "shall" be changed to "should".
Page 13, Chapter IV, Section II, Paragraph B, Caseworker -- "The responsi bility of the caseworker etc." Since this requirement is merely a duplication of the DeKalb County Welfare Department's activity, we recommend that it be deleted entirely.
Page 14, Chapter IV, Section II, Teacher, Paragraph C, second sentence-- "The teacher shall have at least a high school diploma . . . Bachelor's Degree etc." Since we foresee no financial possibility of hiring such a qualified teacher, we strongly recommend that the word "shall" be changed to "should".
Page 14, Assistant Teacher, Paragraph D, sentence 2--"She shall have at least a high school diploma etc." We strongly recommend that "shall" be changed to read "should".
Page 14, Paragraph G, sentence 2--"At no time shall a volunteer regularly replace a staff member in order to maintain etc." We recommend that this be changed to read "If a charitable non-profit organization is unable to hire suf ficient staff members, in order to maintain minimum standards of adult-child ratio, volunteers may be used regularly. The lack of sufficient regularly paid staff or volunteers may not be deemed sufficient cause to revoke a day care center license or to refuse to issue a license."
Page 14, Paragraph J--"Clerical staff shall be qualified etc." Since hiring a clerical staff is financially impossible for an organization such as ours, we recommend that this whole paragraph be deleted.
Page 14, Paragraph K--"Supporting staff serving etc." Since neither we nor any other day nurseries in this State have any way of ascertaining whether the doctors, nurses, etc. are sufficiently proficient in their respective fields, we recom mend that this entire paragraph be deleted.
Page 14, Section III, Personnel Policies, Paragraph C--"If a person is em ployed to fill two responsibilities etc." Since in a charitable nursery employees must be able to perform more than one task, we recommend that this regulation be eliminated entirely.
Page 15, Section III, Paragraph D--"No staff person should work more than forty hours per week etc." Since this work week limitation is wholly im practical in our situation, we recommend that this paragraph be deleted.
Page 15, Section III, Paragraph E--"The staff of day care centers shall be expected to attend institutes etc." Since our staff already has a heavy workload, we feel that attendance at institutes, conferences etc. should be made discretionary. We feel that these meetings are very constructive and know from past experience that our staff eagerly attended them whenever possible.
We therefore recommend that the regulation read "It is most desirable that the staff of day care centers attend institutes, conferences and in-service programs dealing with day care services for children."
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Page 15, Section IV, Teacher-Child Ratio--"There shall be two adults, one of whom shall be a teacher on duty in the center at all times." We can afford no paid teachers but do have 10 very fine volunteer teachers who teach our children three days a week. They are well qualified by education and teaching experience to do this work. All have taken courses in day care procedure set up by the State of Georgia. They are wives or widows of prominent business and professional men of this community who perform this valuable service at no cost to the Foundation, and on a part time basis. This is a fine situation producing excellent results.
We therefore recommend omitting the phrase "one of whom shall be a teacher". The regulation would then read "There shall be two adults on duty in the center at all times."
Page 15, Section IV--"The teacher-child ratio shall be as follows etc." As a charitable organization we must depend entirely on volunteer teachers. Man datory compliance is out of the question. However, we think that the teacher-child ratio in the regulation is an excellent goal. We therefore recommend making the ratio discretionary by substituting "should" for "shall". The recommended regula tion would then read "The teacher-child ratio should be as follows:"
We also recommend that in the numerical tables following the above sentence the word "Desirable" be placed before "Minimum", making it read "Desirable Minimum".
Page 16, Chapter V, Section II, Program Planning--"Program goals and activities shall be developed etc." These are good ideas which should be made discretionary rather than mandatory. We recommend that "shall" be changed to "should" in every instance so that the first and second paragraphs would then read "Program goals should be developed etc."
Page 18, Section III, Equipment for Children's Program--"There shall be in the day care center the equipment etc." We recommend replacing "shall" with "should in every instance so that the opening paragraph and paragraph A will read as follows: "There should be in the day care center the equipment neces sary to facilitate the program outlined above. Such equipment should be: etc."
Page 18, Section IV, Program for School Age Children--"Day care centers which provide care for children enrolled in school shall plan etc." In our case, some mothers of school age children attending the public school nearby direct these children to come straight to the nursery after school lets out in order to prevent them from running loose on the streets. In most cases these children have younger brothers or sisters who attend the nursery regularly. After she gets off work, the mother comes by and gets all of her children. The amount of time that the school age children spend at the nursery varies according to the indi vidual circumstances of the mother's employment. While we can't at this time provide all of the activities for the school age children that we'd like to, we can at least keep them safe, warm, and dry until their mother comes.
Therefore, in order to allow us to continue to render this informal but very necessary service without burdensome costs, we recommend that "shall" be changed to "should" in each instance. Thus, the opening paragraph will read "Day care centers which provide care for children enrolled in school should
plan etc."
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Page 20, Chapter VI, Section E, Milk--"All milk served etc." Although we try to comply with this quantity of milk requirement, as a charitable organization there are times when we can't meet it for financial reasons. We therefore recommend that the regulation read "All milk shall be pasteurized and children should be served a minimum of one cup of milk per day."
IV.
CHANGES IN "STANDARDS FOR DAY CARE SERVICES" PROPOSED BY THE DIVISION OF CHILDREN AND YOUTH.
In a meeting on Thursday, December 16, 1935, members of the Legislative Study Committee on Day Care and members of the Licensing Committee of the Board for Children and Youth heard staff members of the Department of Family and Children Services, Division for Children and Youth, review proposed changes in standards for day care centers. At the request of the Legislative Committee, the Division for Children and Youth is forwarding this summary of the major changes proposed and the Department's thinking about the necessity for these changes.
In preparing these proposed changes, the Division staff had several pur poses:
1. To make the standards easier to read and understand. When the standards were originally drafted, there was an attempt to make them all inclu sive because many day care directors would have only the copy of stand ards as a guide for operation. Much material that would better be pre sented in a day care guide for operators was included in the body of standards. Removing this material in the proposed revision makes the standards much shorter, compact and easier to grasp.
2. To separate desirable and minimum standards. In the original set of standards minimum and desirable standards are not set apart. Day care directors have occasionally become confused over what is expected of them. In the proposed revision, minimum and desirable standards have been clearly separated. By deleting repetitious statements by careful edit ing, and by incorporating the suggestions of the Legislative Committee, the number of minimum standards have been considerably reduced.
3. To present separately those standards which apply only to centers which are community sponsored, non-profit, charitable organizations. In the proposed revision, the standards which apply only to non-profit organiza tions, including those standards which apply to staff for such agencies, are clearly separated from other sections.
4. To make substantive changes in standards indicated as desirable by the experience of the first two years of the licensing program. These are the result of recommendations from day care operators and the practical experience of our workers in doing their licensing studies. These are examples of how regulations will continue to evolve and change, rather than remain static. The proposed substantive changes are as follows:
(a) The requirement for keeping financial records is deleted completely from the standards. If the day care center meets the standards which says it must conform or comply with all the laws of the local, state,
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and federal government which apply to its operation, the necessity for keeping financial records is included in this compliance.
(b) Any standard which is covered by another enforcing agency such as the health or fire department is deleted from standards. This means that standards such as the requirements for split toilet seats, ade quate refrigeration, serving pasteurized milk, etc., can be deleted since these standards are included in the requirements for securing a food permit.
(c) The standard which requires thirty-five square feet of play space available per child enrolled has been changed to read, "there shall be thirty-five square feet of available play space for each child present in the day care center." This change in wording means that the day care center could have more children enrolled than the number of children for which there are thirty-five square feet of space in the building. However, there would at no time be present in the center more children than the thirty-five square feet of space requirement permitted. This would take care of the day care center which enrolls school children who arrive at the center when the younger children are leaving.
(d) The standard which sets the ratio for the number of flush toilets has been changed to read, "when the number of children enrolled exceeds twelve, there should be a ratio of one toilet for every twelve children and one hand washing facility for every ten children." This means in day care centers where there are a small number of chil dren enrolled, it would not be necessary to install two flush toilets. Two hand washing facilities would not be required until enrollment reached twenty; two toilets would not be required until enrollment reached twenty-four.
(e) The standard which requires a quiet room be set aside has been changed in the proposed revision to read, "there should be set aside a quiet area in which no regularly scheduled activity takes place."
(f) The requirement for distance between cots has been changed to read, "there should be a minimum distance of one foot between cots and an aisle of two feet between rows of cots." In addition to this, at the Legislative Committee's suggestion, the standards would include a diagram of appropriate placement of children on cots for health considerations.
(g) The section of standards which relate to staff has been drastically revised. The requirements for staff which were set forth in the original standards have been confusing to day care operators and in most cases have been difficult to meet. Consequently, the section on staff requirements has been reduced to an absolute minimum. There are just two specific standards which relate to staff qualifi cations. These are first; that the persons having responsibility for children's programs should have a high school education or its equivalent, experience working with children and recent training (within five years) in the field of child growth and development. This training requirement may be waived until such time as courses are available within a reasonable distance of a day care center; second; that all persons working with children should have a mini mum of a high school education or its equivalent and recent training in child growth and development. The requirements which relate to
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cook, maintenance staff, secretary, head teacher, assistant teacher, etc., have been removed from the body of standards. Those require ments which relate to an administrative director and social worker are removed to the section of standards which deal with staff for non-profit, community sponsored organizations.
6. To incorporate standards for care of children under three in day care centers. These standards were developed in conference with day care directors, with pediatricians, psychologists, psychiatrists, and educators who are concerned about these young children. These standards repre sent a consensus of what is absolute minimum. These standards, as set forth, should protect the health and safety of youngsters and should not work an undue hardship on day care directors. The care of very young children is more expensive than the care of older children and will re quire on the part of the day care center owner a larger investment of money.
7. To edit the section of standards which deals with record keeping of child enrollment, attendance, health, examinations, and immunizations. The kind of record keeping that is required of day care directors has not been changed, however, the section of standards which set forth the kind of records which are required and those which are desirable has been clarified to reduce confusion. The kind of records that are required in day care centers are only those which are necessary for the self-protec tion of the day care operators and to insure the minimum safety of chil dren enrolled.
Hopefully these proposed revisions, which incorporate recommendations from the Legislative Committee, suggestions from day care directors, and ideas from licensing workers, will ameliorate some of the misunderstanding that has existed. This program has already resulted in a substantial improvement in the quality of day care in Georgia. It has not been necessary to force any center to close and the general public has a much greater appreciation of the needs of small children. Present trends indicate that day care will become an even more im portant public service in future years.
V.
CONCLUSIONS AND RECOMMENDATIONS OF THE COMMITTEE
The Committee has given thoughtful consideration to all arguments pre sented to it regarding the regulation of day care services, and is persuaded that it would be unwise to place such regulation in the hands of the local health departments. Although health and sanitation requirements are very important, the Committee believes a great deal more is involved in providing adequate day care services for the children of our State. There is abundant evidence from psychologists, psychiatrists, medical doctors, social workers and other profes sionals indicating that a child's personality is basically formed during his earliest years, and the years when children are ordinarily in day care centers are of particular importance in the emotional and intellectual development of the child and the adult he is to become. As a result of these considerations, the Committee believes that the quality of day care, not only with regard to health and sanita tion, but also with regard to the emotional and intellectual environment the child is exposed to is a legitimate and proper area for State concern. No one ques tions the State's interest in and concern for our children in the public schools,
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2723
and yet evidence indicates that the pre-school years are of crucial importance in determining how well the child will succeed when he gets to school and, indeed, how well, or whether or not he will succeed throughout his entire life. Neither does the Committee believe that a child living in Atlanta or DeKalb County de serves any more or different consideration than one living anywhere else in our State, insofar as adequate day care services are concerned. Day care is of state wide concern, and, therefore, the State government, is the proper agency to promulgate minimum standards to be required of day care centers. In making these observations, however, the Committee is fully aware that privately owned day care centers have served and are serving a very important need in our society, and that neither the State nor any of its agencies is equipped to replace the services provided by private day care owners. The Committee believes, there fore, that the point which has been made regarding standards that place an undue hardship on well-established day care centers is valid, and that standards must be flexible and realistic enough to keep the cost of the service within the finan cial reach of our citizens who use and need day care facilities. It is the working mothers who rely on day care most, and while there are many exceptions, these mothers are generally working precisely because of financial need, and if the cost of private day care becomes too expensive, it would be unfortunate for the children, their parents, and the State generally. As a result, the Committee be lieves that while minimum standards should not be compromised, standards should be promulgated which emphasize the most important standards but which seek to accommodate private day care owners as much as possible with regard to the less important standards. This approach is particularly important with regard to established day care centers which should be given a reasonable length of time to comply with certain requirements when immediate compliance might possibly mean financial disaster for the center. With these considerations in mind, the Committee makes the following recommendations to the Division of Children and Youth:
1. That health and fire regulations be omitted in "Standards for Day Care Services" since other agencies have the responsibility for the enforce ment of regulations in these areas.
2. That day care centers be separated into the following types for the pur pose of developing and promulgating minimum standards and require ments :
(a) Private
(b) Charitable
(c) Government sponsored
3. That a consistent procedure for the licensing of day care centers be de veloped which will include provisions for granting regular licenses to all established day care centers which are in substantial compliance with minimum requirements. (The distinction between temporary and regular licenses should be eliminated to the extent possible, so that there can be no claim of discrimination among day care owners holding different type licenses. All licenses expire each year, and regular licenses could be issued with an understanding between the Division and the owner that minimum standards must be met for continued renewal of the regular license.)
4. That administrative guides be established for the staff of the Division and that work loads be assigned so that the necessary visits to day care centers may be made on a timely basis, thus avoiding, as much as pos-
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sible, any delays on the part of the Division which work a hardship on the day care owners.
5. That a good public relations program be developed which would include regional meetings of private day care owners, interested parents and the personnel of the Division of Children and Youth. A variety of subjects could be discussed at these meetings in order to promote a better under standing of the importance of minimum standards for day care centers, and an appreciation of the problems facing day care owners.
6. That an informational and educational program be developed for all per sons involved in the care of pre-school children. If the people understand the reasons behind minimum standards and requirements, .they are less likely to oppose them.
7. That cooperation be encouraged among all day care owners so that they may understand that each day care center has its own problems and advantages.
The Committee also examined the law creating the Division of Children and Youth and finds it generally adequate, although future consideration might be given to making a detailed analysis of the Children and Youth Act for the pur pose of amending it to provide legislative guidelines for the Division in the pro mulgation of rules, regulations, and standards. The Committee does recommend one change in the Act for consideration by the present General Assembly, and that is, that the Act be amended to provide a 30-day time limit for petitioning of judicial review for a final decision of the State Board for Children and Youth.
REPORT OP THE ELECTION LAWS STUDY COMMITTEE TO THE 1966 SESSION OF THE
GENERAL ASSEMBLY OF THE STATE OF GEORGIA
TO: The 1966 Session of the General Assembly of the State of Georgia.
REPORT OF THE ELECTION LAWS STUDY COMMITTEE
The Election Laws Study Committee was created by a Resolution of the General Assembly approved April 13, 1965 (Ga. Laws, 1965, pp. 658-661). The Assembly has found that it is in the public interest to extend the provisions of the Georgia Election Code to include municipal primaries and elections, and has charged the Committee with the task of preparing proposed amendments to achieve this result. The Committee has also prepared amendments clarifying and strengthening the general provisions of the 1964 Georgia Election Code. The pro posed amendments are attached to and made a part of this Report.
The Committee was faced with an unusual problem in its inception, for, in order to prepare amendments to the Code to include municipal primaries and elec tions, it was desirable to ascertain the existing laws regulating municipal elec tions. The Committee discovered that there are few general laws on the subject of municipal elections. In the past, these elections have been provided for and
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2725
regulated by municipal charters and, in some cases, ordinances enacted pursuant to charter provisions. These charters are in no sense uniform, and unfortunately many of them have no provisions whatsoever concerning nominations, qualifica tions of candidates, preparation of ballots, the conduct of elections, counting votes, and many other important facets of the elective process.
A majority of Georgians now reside in our municipalities, and it seems just and reasonable to the Committee to afford these citizens the same safeguards in city elections as they now enjoy in State and county elections. Of course, the Committee realizes that no body of laws can absolutely insure an honest primary or election, but the Committee does feel that the proposed amendments will make it extremely difficult to corrupt the municipal election process.
In addition to vote-fraud protection, the Committee recognizes another com pelling reason for extending the Election Code to our cities. Georgia has rapidly moved into the Space Age, and the Committee recognizes that in this complex and fast moving era our citizens are quite mobile. Our growing cities receive thou sands of new residents each year from outside the State and from other munici palities within the State. A general body of law with easily ascertainable stand ards and deadlines for registration and voting will enable this class of citizens to more quickly participate in the political life of our communities, and thus to make a greater contribution to society.
The Committee has, in the past year, held many meetings at the Capitol and has held public hearings in Rome, Gainesville, Columbus, Macon, Athens, Albany, Valdosta, Savannah and Atlanta.
In September, the Committee published a draft of the proposed amendments and copies were sent to municipal officials and others. Many valuable suggestions were received as a result of that distribution, and changes were made and placed into a second draft prepared on November 1, 1965. This document was also cir culated, and some additional changes were discussed and acted upon at a meeting held on January 5, 1966.
The proposed amendments are of such a length that only a careful examina tion of them can serve to fully understand their significance. A few of the sig nificant features, however, will be pointed out in this Report.
1. The first proposal of the Committee is to strike Article II of the State Constitution in its entirety, and substitute a new Article composed of one Sec tion containing three paragraphs.
Paragraph II lowers the residency qualifications to vote in the State of Georgia. Under this proposal, a citizen need only to have been domiciled in the State for six months to vote in the State elections, and in the county or munici pality for three months. The present qualifications, and in the county or municitions and six months for county elections. Paragraph II also provides that a per son who has resided in the State for thirty days prior to the date of a presidential election may be permitted by law to vote for presidential and vice presidential electors if he is not eligible to vote for them in some other state.
2. Paragraph II of Section III of Article VI of the Constitution (Ga. Code Ann. 2-3802) would be amended to provide that judges of the superior courts
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shall be elected only by the electors of their respective judicial circuit, rather than by all the electors in the State.
3. Paragraph I, Section XI, Article VI (Ga. Code Ann. 2-4601), relating to solicitors general, would also be amended to allow solicitors to be elected by the voters in their judicial circuits.
4. A new Section 34-108 would be added to the Code to provide that all pri mary and election records in the office of the Secretary of State or an election superintendent, board of registrars or political party committee, shall be open to public inspection during the usual business hours.
5. Section 34-203, giving the State Election Board authority to intervene in court actions, would be amended to provide that prior to the filing of a suit concerning elections a copy of same must be served upon the Chairman of the Board or counsel for the Board, and the Section would also be amended to pro vide that the appellate courts of this State would give summary and expeditious review of any judgment of such a case.
A new Section 34-204 is proposed which provides for a court action on behalf of the State Election Board or an elector to supersede and suspend the powers of an election superintendent, registrars, and others, when it is shown in court that the laws and rules and regulations of the State Election Board are not being fairly and impartially enforced. The Board would then be allowed to desig nate persons to perform the duties of the superintendent and registrar.
6. Section 34-610 would be amended to provide that the main office for the board of registrars in each county shall remain open for the business during regular office hours on each day except Saturday. The amendment would further provide that the board of registrars could, if necessary, lengthen the hours or open the office on Saturday in a main or branch registration office in order to suit the convenience of the public.
7. Section 34-611 would be amended to shorten the registration deadline for electors from fifty to forty-five days. The registration would now close fortyfive days prior to the date of a primary or an election.
8. Section 34-623 would be amended by adding a new Subsection providing that no private person shall use a list of electors given to him by the registrar for commercial purposes.
9. Section 34-632 would be amended by adding two new definitions to deter mine the residence of a voter. One new definition would provide that the resi dence of one is an inmate or an officer of a public institution or who is an officer or employee in a department of the State of Georgia, shall be construed to be where his home was before he became an inmate, officer or employee. Another new and interesting definition under this Code Section is that the residence of a single man shall be where he usually sleeps at night.
10. A new Section 34-806 is proposed which will comprehensively cover the holding of bond elections in any county, municipality or political subdivision. The new Code Section provides for a special election to be called, what the notice
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2727
of the special election shall contain, and the manner in which the returns of the election shall be made.
11. Section 34-901 would be amended to provide that the Secretary of State may cancel the registration of any political party or body upon determining the same no longer functions in this State.
12. Section 34-1001 would be amended to provide that no person shall be a candidate or nominee for more than one of certain specified offices at one time.
13. A new Section 34-1006 (b) is proposed which would provide that each candidate for nomination to a county or municipal office, or to the office of jus tice of the peace or constable, having no opposition within his party, shall auto matically become the nominee of his party for such office.
14. Code Section 34-1011 would be amended to provide for judicial review by injunction on a decision of an officer granting a nomination petition.
15. Code Section 34-1103 would be amended to provide that the name of presidential electors shall no longer be placed on the official ballot. In lieu thereof, the names of the candidates of the respective parties for President and Vice President, together with the name of the parties, shall be printed on the ballot.
16. Section 34-1307 would be expanded greatly to limit the campaign activi ties on primary and election days. The amendment would give the power to the election officials to remove signs, campaign literature displayed within 250 feet of a polling place, and the amendment also provides that no person shall ex pressly solicit votes in any manner or by any means within 250 feet of a polling place.
17. Code Section 34-1314 would be amended to provide that no elector shall be permitted to cast a write-in ballot in a primary. Of course, the elector would still cast a write-in ballot at a general election if he desired.
18. Section 34-1331 is new. This amendment would provide that any elector shall be entitled to absent himself from his job for the purpose of voting on election day for a period not to exceed two hours, unless that person has two or more hours before or after work to get to the polls. The amendment provides that the employee is entitled to his wages for the two hours that he takes to vote.
19. Code Section 34-1412 is a new Code Section which provides for the counting of absentee votes on voting machines and vote recorders. Under this procedure, one poll officer opens the absentee ballot and calls aloud the name of the candidate voted for. A second poll officer shall observe the first poll officer and see that he reads the ballot correctly. Two other poll officers shall attend the voting machine or vote recorder and shall make the appropriate mark on the vote recorder or pull the proper lever on the voting machine to register the absentee ballot.
20. Code Section 34-1702 would be amended to provide that any aggrieved person or organization could contest the result of an election. At present, an opposing candidate who loses may contest the result of an election, or five electors who are entitled to vote for such person or for or against a question,
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are entitled to bring such a suit. Recently, the Georgia Supreme Court declared that to require five persons to contest the result of an election to ratify the result of a constitutional amendment was itself unconstitutional. Therefore, this change is necessary in order to provide a method whereby the contest of the result of such a ratification may be made. Otherwise, an aggrieved elector must proceed in equity.
21. The Committee also proposes to apply the Georgia Election Code to municipal elections. Rather than go through each amendment which changes the present Code, this Report will merely point out variances between State and county elections on the one hand and municipal elections on the other in future elections. Unless otherwise specified, all of the provisions of the Election Code will apply to municipal elections. Instead of an ordinary conducting the election, there will be a municipal superintendent. Poll officers will be appointed by that superintendent. Registration of electors for municipal elections will take place at the office of the county registrars. This registration will take place in accord ance with State lav/. The dates of primaries and elections will not be the same for municipal and State and county elections. This will still be controlled by the charter of the individual city. All of the provisions concerning nomination of candidates, ballots, voting machines and vote recorders, preparation for and conduct of primaries and elections will be the same as they are in State and county elections. The numerous provisions to prevent vote fraud will thus apply to municipal elections. There will be absentee voting allowed in all municipal elections, and election contests will take place under Chapter 34-17 of the Code.
22. Section 34-602 has been amended to provide that a person must reside in a municipality at least ninety days next preceding the date of a primary or election in order to vote. This will be a standard residence requirement which will apply throughout the State.
23. Section 34-602 has also been amended by the addition of a new Subsec tion (b). This is one of the most important provisions of the amendments apply ing the Code to municipalities. Under this Section, an elector shall register at the office of the county registrar. He must possess the qualifications that he would need to vote in a State or county election. At least seven days prior to each city election, the board of registrars shall deliver a copy of the electors list to be used in the municipal election to the designee of the governing authority of the municipality. In other words, the cost of registering electors for city elections will not be borne by the counties. In actuality, there will be little addi tional expense to the county because all voters must register to vote there in State or county elections. Thus, there will be only one registration for a voter in Georgia under the provisions of this Section.
24. Code Section 34-1001 (c) would be amended to provide that in a munici pal general election in a city in which no political party has or will hold a pri mary for the nomination of candidates for city officers, a candidate for election may qualify for the general election merely by filing a notice of candidacy and paying the required registration fee.
The Committee believes it to be in the interest of the public for the proposed amendments to be enacted into law with such changes as the Legislature deems proper. For only by providing for fair and honest elections can we hope to
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preserve our representative system of government and the American way of life.
January 14, 1966
Ben W. Fortson, Jr.
Secretary of State and Chairman, Election Laws Study Committee
ELECTION LAWS STUDY COMMITTEE (Ga. Laws, 1965, p. 658)
PROPOSED AMENDMENTS TO THE STATE CONSTITUTION AND THE GEORGIA ELECTION CODE ELECTION LAWS STUDY COMMITTEE MEMBERSHIP
Ben W. Fortson, Jr., Chairman Secretary of State 214 State Capitol Atlanta, Georgia 30334
G. Paul Jones, Jr. State Representative, Bibb County Post Office Box 96 Macon, Georgia
Willis J. Richardson, Jr.,
Joe T. Lane
Vice Chairman
Ordinary, Clayton County
State Representative, Chatham County Jonesboro, Georgia
P. 0. Box 2194 31 West Congress Street
Savannah, Georgia
Joseph E. Loggins State Senator, 53rd District West Washington Street
Upshaw Bentley, Secretary
Summerville, Georgia
Fortson, Bentley and Griffin Attorneys at Law Southern Mutual Building Athens, Georgia
William J. Schloth Foley, Chappell, Young, Hollis -- Schloth Attorneys at Law 1214 Third Avenue
Arthur K. Bolton
Columbus, Georgia
Attorney General 132 Judicial Building 40 Capitol Square Atlanta, Georgia 30334
Virgil T. Smith State Representative, Whitfield
County 609 Murry Hill Drive
Hugh M. Gillis
Dalton, Georgia
State Senator, 20th District Soperton, Georgia
Mrs. Melba Williams 2461 Echo Drive, N. E.
Atlanta, Georgia
LEGAL COUNSEL
Paul Rodgers Assistant Attorney General
Paul L. Hanes Assistant Attorney General
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132 Judicial Building 40 Capitol Square Atlanta, Georgia 30334
SECRETARY TO THE COMMITTEE
Mrs. Betty G. Worthy State Law Department 132 Judicial Building 40 Capitol Square Atlanta, Georgia 30334
PROPOSED AMENDMENTS TO THE STATE CONSTITUTION
The Election Laws Study Committee proposes to amend the Constitution of the State of Georgia as follows:
1. By striking Article II of the State Constitution (Ga. Code Ann., Ch. 2-7), relating to the elective franchise, and inserting in lieu thereof a new Article to read as follows:
Article II.
Elective Franchise Section I.
Paragraph I. Elections by ballot.--All elections by the people shall be by ballot, or by such other method prescribed by law as shall preserve secrecy in voting.
Paragraph II. Qualifications of electors.--Every citizen of the United States who is eighteen years of age or over, who has been domiciled in the State at least one hundred and eighty days, and in the county or municipality at least ninety days next preceding the election in which he offers to vote, who has registered in accordance with the requirements of law, and who possesses such other qualificatins as the General Assembly may prescribe by law, is an elector entitled to vote in all elections by the people. A person who is otherwise qualified to vote under this Paragraph and who has been domiciled in the State at least thirty days, but less than one hundred and eighty days, prior to the date of a presidential election may be permitted by law to vote for presidential and vice presidential electors in such election if he is not eligible to vote for them elsewhere. No person, who is mentally incompetent, or who has been convicted of a crime connected with the exer cise of the right of suffrage or of a felony under the laws of any State or of the United States, unless restored to civil rights, is entitled to register or vote.
Paragraph III. Privilege of electors from arrest.--An elector shall be privileged from arrest while going to, attending and returning from elections, except in case of felony or breach of the peace.
2. By striking Paragraph III of Section I of Article V of the State Consti tution (Ga. Code Ann., Sec. 2-3003), relating to gubernatorial election returns, and inserting in lieu thereof a new Paragraph to read as follows:
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Paragraph III. Returns of election.--The returns for every election of Governor shall be transmitted by the election officers to the Secretary of State who shall cause the same to be presented to the Senate on the day after the two Houses shall have been organized, and they shall be transmitted by the Senate to the House of Representatives.
3. By striking Paragraph II of Section III of Article VI of the State Con stitution (Ga. Code Ann., Sec. 2-3802), relating to judges of the superior courts, and inserting in lieu thereof a new Paragraph to read as follows:
Paragraph II. Election.--The successors to the present and subsequent incumbents shall be elected by the electors of their respective circuits at the general election, in which members of the General Assembly are elected, next preceding the expiration of their respective terms.
4. By striking the second sentence of Paragraph I of Section XI of Article VI of the State Constitution (Ga. Code Ann., Sec. 2-4601), relating to solicitors general, and inserting in lieu thereof a new sentence to read as follows:
The successors to the present and subsequent incumbents shall be elected by the electors of their respective circuits at the general election, in which members of the General Assembly are elected, next preceding the expiration of their respective terms.
PROPOSED AMENDMENTS TO THE GEORGIA ELECTION CODE
The Election Laws Study Committee proposes to amend the Georgia Election Code, as amended, as follows:
1. By striking Section 34-102 and inserting in lieu thereof a new Section to read as follows:
Section 34-102. Application of Code.--This Code shall apply to any election in this State to fill any public office, and to any primary to nominate a candidate for any such office, and to any election to submit a question to the people, and to any primary or election for any other purpose whatsoever.
2. By inserting the words "or 'precinct'" immediately preceding the word "shall" as it appears in Subsection (h) of Section 34-103.
3. By striking the words "federal, state and county" from Subsection (y) of Section 34-103 and inserting in lieu thereof the word "governmental".
4. By inserting the word "proposed" between the words "such" and "con stitutional" as they appear in Subsection (z) of Section 34-103.
5. By redesignating Subsections (i), (j), (k), (1), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x), (y), (z), (aa,) (ab), (ac), (ad), (ae), (af) and (ag) of Section 34-103 as Subsections (j), (k), (m), (n), (o), (p), (q), (r), (s), (t), (v), (w), (x), (y), (z), (aa), (ab), (ad), (ae), (af), (ag), (ah), (ai), (aj) and (ak), respectively.
6. By inserting between Subsections (h) and (j) of Section 34-103, as redesignated in Paragraph 5 above, a new Subsection to read as follows:
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(i) The words "governing authority" shall mean (i) the governing au thority of a county in the case of a primary or election other than a municipal primary or election, and (ii) the governing authority of a municipality in the case of a municipal primary or election;
7. By inserting between Subsections (k) and (m) of Section 34-103, as redesignated in Paragraph 5 above, a new Subsection to read as follows:
(1) The words "municipal superintendent" shall mean the person or committee in charge of conducting municipal elections within a municipality;
8. By inserting between Subsections (t) and (v) of Section 34-103, as redesignated in Paragraph 5 above, a new Subsection to read as follows:
(u) The words "party superintendent" shall mean (i) the county execu tive committee of the political party holding the primary within a county (or its agent) in the case of a primary other than a municipal primary; and (ii) the municipal executive committee of the political party holding the primary within a municipality (or its agent), or if none, the county executive committee of the political party (or its agent), in the case of a municipal primary;
9. By inserting between Subsections (ab) and (ad) of Section 34-103, as redesignated in Paragraph 5 above, a new Subsection to read as follows:
(ac) The words "public superintendent" shall mean (i) the ordinary of a county in the case of a primary or election other than a municipal primary or election, and (ii) the municipal superintendent in the case of a municipal primary or election;
10. By striking from Section 34-107 the word "party" which immediately precedes the word "nomination" as contained in such Section.
11. By striking the word "ordinary" as contained in the first sentence of Section 34-107 and inserting in lieu thereof the word "superintendent".
12. By adding two new Sections at the end of Chapter 34-1 to read as follows:
Section 34-108. Right of electors to inspect and copy primary and election records. -- Except when otherwise provided by law or court order, the primary and election records of the Secretary of State, and each superintendent, board of registrars and committee of a political party or body, including nomination petitions, affidavits, certificates, tally papers, returns, accounts, contracts, reports and other documents in custody, shall be open to public inspection and may be inspected and copied by any elector during usual business hours at any time when they are not necessarily being used by the custodian, or his employees having duties to perform in reference thereto; provided, however, that such public inspection thereof shall only be in the presence of the custodian, or his employee, and shall be subject to proper regulation for the safekeeping of such documents.
Section 34-109. Preservation of records. -- Each primary or election document on file in the office of the Secretary of State, a superintendent, a board of registrars, a committee of a political party or body, or other officer, shall be preserved therein for a period of two years and then the same may be destroyed unless otherwise provided by law.
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13. By striking the words "and to each adviser" from Subsection (c) of Section 34-201, and by redesignating such Subsection (c) as Subsection (e), and by striking Subsections (a) and (b) of Section 34-201 and inserting in lieu of such Subsections (a) and (b) four new Subsections to read as follows:
Section 34-201. Creation, seal; by-laws; meetings; minutes of meetings.-- (a) There is hereby created a State board to be known as the "State Election Board" to be composed of the Secretary of State, an elector to be elected by a majority vote of the Senate of the General Assembly at its regular session held in each odd-numbered year, an elector to be elected by a majority vote of the House of Representatives of the General Assembly at its regular session held in each odd-numbered year, and a member of each political party to be nominated and appointed in the manner hereinafter provided. No person while a member of the General Assembly shall serve as a member of the Board.
(b) A member elected by a House of the General Assembly shall take office on the day following the adjournment of the regular session in which elected, and shall serve for a term of two years and until his successor is elected and qualified, unless sooner removed. An elected member of the Board may be removed at any time by a majority vote of the House which elected him. In the event a vacancy should occur in the office of such a member of the Board at a time when the General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to fill the vacancy if the prior incumbent of such office was elected by the Senate or appointed by the President of the Senate, and the Speaker of the House of Representa tives shall thereupon appoint an elector to fill the vacancy if the prior in cumbent of such office was elected by the House of Representatives or appointed by the Speaker of the House of Representatives. A member ap pointed to fill a vacancy may be removed at any time by a majority vote of the House whose presiding officer appointed him. Each present member of the Board who was elected by a House of the General Assembly shall continue to serve on the Board until his successor is elected and qualified, unless sooner removed; and effective April 1, 1966, this sentence is hereby stricken and repealed.
(c) Within thirty days after the effective date of this Subsection, the State executive committee of each political party shall nominate a member of its party to serve as a member of the State Election Board and, thereupon, the Governor shall appoint such nominee as a member of the Board to serve for a term of two years from the date of the appointment and until his successor is elected and qualified, unless sooner removed. Thereafter, such State executive committee shall select a nominee for such office on the Board within thirty days after a vacancy occurs in such office and shall also select a nominee at least thirty days prior to the expiration of the term of each incumbent nominated by it, and each such nominee shall be immediately appointed by the Governor as a member of the Board to serve for the unexpired term in the case of a vacancy, and for a term of two years in the case of an expired term. Each successor, other than one appointed to serve an unexpired term, shall serve for a term of two years, and the terms shall run consecutively from the date of the initial gubernatorial appointment. No person shall be eligible for nomination by such State executive committee unless he is an elector and a member in good standing of the political party of the committee. Such a member shall cease to serve on the Board and his office shall be abolished if and when his political organization shall cease to be a "political party" with in the definition of this Code.
(d) The Secretary of State shall be the Chairman of the Board. Three members of the Board shall constitute a quorum, and no vacancy on the Board
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shall impair the right of the quorum to exercise all the powers and perform all the duties of the Board. The Board shall adopt a seal for its use and by-laws for its own government and procedure.
14. By striking Section 34-202 and inserting in lieu thereof a new Section to read as follows:
Section 34-202. Duties of the Board. -- It shall be the duty of the State Election Board:
(a) To so supervise and coordinate the work of the Secretary of State, superintendents, registrars, deputy registrars, poll officers, and other officials, as to obtain uniformity in their practices and proceedings and legality and purity in all primaries and elections;
(b) To formulate, adopt and promulgate such rules and regulations, consistent with law, as will be conducive to the fair, legal and orderly conduct of primaries and elections; and upon the adoption of each rule and regulation, the Board shall promptly file certified copies thereof with the Secretary of State and each ordinary;
(c) To publish and furnish to primary and election officials, from time to time, a sufficient number of indexed copies of all primary and election laws and pertinent rules and regulations then in force;
(d) To public and distribute such explanatory pamphlets regarding the interpretation and application of primary and election laws as in the opinion of the Board should be distributed to the electorate;
(e) To investigate when necessary or advisable the administration of primary and election laws, and frauds and irregularities in primaries and elections, and to report violations of the primary and election laws to the appropriate solicitor general for further investigation and prosecution;
(f) To make such recommendations as it may deem advisable to the General Assembly relative to the conduct and administration of primaries and elections;
(g) To employ such assistants as may be necessary; and
(h) To take such other action, consistent with law, as the Board may determine to be conducive to the fair, legal and orderly conduct of primaries and elections.
15. By striking Section 34-203 and by redesignating Sections 34-204 and 34205 to be Sections 34-205 and 34-206, respectively, and inserting in lieu of Section 34-203 two new Sections to read as follows:
Section 34-203. Authority of Board to institute or intervene in court actions; notice to Board; judicial review. -- (a) The State Election Board shall have the right to institute, or to intervene as a party in, any action in any court of this State or of the United States, seeking mandamus, injunctive or other relief to compel compliance with any law of this State, or of any rule or regulation of the Board, concerning primaries or elections, or to restrain or otherwise prevent or prohibit any fraudulent or other illegal or improper conduct in connection therewith.
(b) Any pleading filed in any court of this State seeking relief affecting the calling, holding, conduct, determination, result, tabulation or certification
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of result of any primary or election, or seeking an interpretation of any law of this State, or of any rule or regulation of the Board or of a committee of a political party or body, concerning primaries or elections, shall be void unless it affirmatively appears as a matter of record that prior to the filing of same the Chairman of Board or counsel for the Board was served with a copy of such pleading. The attorney or party filing such pleading may serve it in person or by United States certified or registered mail, and an affidavit of the person making such service, or the production of an appropriate return receipt issued by the United States Post Office, shall constitute prima facie evidence of such service. When service is made by mail it shall be deemed to be perfected as of the time deposited in the mail.
(c) The Supreme Court and Court of Appeals shall provide for the summary and expeditious review of any verdict, decision, judgment, decree, order, ruling or other judicial action by any court of this State in any action wherein relief is sought affecting the calling, holding, conduct, determination, result, tabulation or certification of result of any primary or election, or wherein an interpretation is sought of any law of this State, or of any rule or regulation of the Board or of a committee of a political party of body, concerning primaries or elections, without regard to existing laws governing appeals in other cases. It also shall be the duty of such Courts to consider applications for stays or supersedeas in such cases without regard to whether the record has been docketed.
Section 34-204. Petition for supersedure; venue; judge; trial; judicial review. -- (a) When the State Election Board or an elector (herein referred to as the plaintiff) has reason to believe that the laws governing primaries or elections, or the rules or regulations of the Board relative to primaries or elections, are not being, or will not be, fairly, impartially or properly enforced or applied in any county or municipality, the Board or such elector may file a petition with the clerk of the superior court of the county seeking an order of the court, effective for a certain period: suspending and superseding all or any part of the powers and duties of the superintendent, his assistants, the poll officers, the registrars, the deputy registrars, and other officials, concerning the preparation for, calling, holding, conduct, determination, result, tabulation or certification of result of any primary or election; and directing that the powers and duties which would have been exercised and performed by such officials in these matters had they not been suspended and superseded, shall be exercised and performed by the persons designated by the Board who shall be residents, when practicable, of the county in which the petition is filed.
(b) Upon the filing of such a petition, the clerk of such court shall immediately give notice of such filing to the senior judge of superior court in time of service in the judicial circuit or circuits adjoining the judicial circuit containing the county in which the petition is filed; and if such judge is disqualified or unable to serve, the clerk shall immediately notify the Governor of such fact and he shall thereupon appoint a disinterested judge of superior court, residing outside of the judicial circuit in which the petition is filed, to serve in the place of such senior judge. Such judge shall promptly begin presiding over such proceeding in such court and shall determine same as soon as practicable. He shall receive as expenses the same remuneration that he would receive for serving as judge in a court other than the court of his residence, if presiding in his circuit.
(c) Upon such petition being filed, the clerk shall issue notice, in the form of special process, directed to the sheriff of such county, requiring
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the superintendent and any other person named in such petition against whom substantial relief is sought, if any, (such person or persons being herein referred to as the defendant), to appear and answer such petition, on a day to be fixed in such notice, not more than ten days nor less than five days after the service of such notice. Such notice, with a copy of the petition attached, shall be served by the sheriff upon the defendant in the same man ner as petitions and process are served in other civil cases. On or before the day fixed in such notice, unless for good cause shown the presiding judge shall extend the time therefor, the defendant shall appear and answer such petition.
(d) A statement in the petition of the grounds for suspension and supersedure shall not be rejected, nor the proceedings dismissed by any court, for want of form, if the grounds of same are alleged with such certainty as will advise the defendant of the particular grounds relied upon by the plain tiff.
(e) Upon presentation of the petition prior to filing or after filing, the judge described in Subsection (b) above may enter any interim order nec essary to protect the interests of the electorate of such county.
(f) After filing, any petition or answer may be amended with leave of the court so as to include the specification of additional grounds for suspen sion and supersedure, other relevant facts, or prayer for further relief. After each amendment, a reasonable time to respond shall be given by the court to any opposing litigant.
(g) The presiding judge shall fix a place and time, within twenty days after the return day fixed in such notice to the defendant, for the hearing of the suspension and supersedure proceeding. Such judge may fix additional hearings at such other times as are necessary to promptly decide the issue. The court, presided over by such judge, shall have plenary power to make, issue and enforce all necessary orders, rules, processes and decrees, for a full and proper understanding and final determination and enforcement of the decision of such case, according to the course of practice in othar civil cases under the laws of this State, or which may be necessary and proper to carry out the provisions of this Code. Such case shall be fully heard and deter mined by the judge without the aid or intervention of a jury.
(h) If the presiding judge determines that the granting of all or any part of the relief sought in the petition is necessary or desirable for the protection of the interests of the electorate of the county, then the judge shall issue an appropriate order for suspension and supersedure; otherwise, the judge shall issue an order denying the relief sought.
(i) In a case where the powers and duties of the primary or election officials have been suspended and superseded in the manner prescribed by this Section, the costs of conducting such primary or election shall be borne by the political party or governing authority who would have been otherwise obligated to pay any costs concerning the conduct of same. The Board may maintain action in any court of competent jurisdiction to enforce such liability.
(j) An appeal from the final determination of the court may be taken within ten days from the rendition thereof to the appellate court having jurisdiction as in other civil cases. Such court shall consider applications for stays or supersedeas in such cases without regard to whether the record has been docketed.
(k) If any substantial relief sought by the petition is granted, judgment shall be rendered against the defendant for costs; and if the substantive
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relief sought in the petition is denied, the plaintiff shall pay the costs at the discretion of the court. After entry of judgment, the costs may be collected by attachment or otherwise.
16. By redesignating Subsections (f), (g) and (h) of Section 34-301 as Subsections (i), (j) and (k), respectively, and by inserting three new Subsections between Subsections (e) and (i) of Section 34-301 to read as follows:
(f) To prescribe the form of all documents provided for under the pro visions of this Code which he determines should be made uniform through out the State;
(g) To exercise supervisory control over public superintendents and election poll officers in the performance of their duties under the provisions of this Code;
(h) To supply necessary instruction and assistance to primary and election officers in order to insure the uniform operation of the provisions of this Code throughout the State;
17. By striking Sections 34-302 and 34-303.
18. By striking Chapter 34-4 and inserting in lieu thereof a new Chapter to read as follows:
Chapter 34-4. Public Superintendents.
Section 34-401. Powers and duties of public superintendents.--The ordi nary, within his county, or the municipal superintendent, within his munici pality, shall each exercise all the powers granted to him by this Code, and shall perform all the duties imposed upon him by this Code, which shall include the following:
(a) To receive and determine the sufficiency of nomination petitions of candidates filing notice of their candidacy with him in accordance with the provisions of this Code;
(b) To equip polling places for use in primaries and elections in ac cordance with the provisions of this Code;
(c) To purchase, preserve, store and maintain election equipment of all kinds, including voting booths and ballot boxes, and to procure ballots and all other supplies for elections; provided, however, he shall have no authority to purchase voting machines or vote recorders;
(d) To appoint poll officers and other officers to serve in elections in accordance with the provisions of this Code;
(e) To make and issue such rules, regulations and instructions, consistent with law (including the rules and regulations promulgated by the State Elec tion Board), as he may deem necessary for the guidance of poll officers, custodians and electors in elections;
(f) To instruct poll officers and others in their duties, calling them together in meeting whenever deemed advisable, and to inspect systematically and thoroughly the conduct of elections in the several election districts of his county or municipality to the end that elections may be honestly, efficiently and uniformly conducted;
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(g) To receive from poll officers the returns of all elections, to canvass and compute the same, and to certify as soon as practicable following the election the results thereof to such authorities as may be prescribed by law;
(h) To publicly announce by posting in his office the results of all elections held in his county or municipality;
(i) To prepare annually a budget estimate of his expenses under this Code in which shall be set forth an itemized list of expenditures for the preceding two years and an itemized estimate of the amount of money neces sary to be appropriated for the ensuing year and to submit the same at the time and in the manner and form other budget estimates of his county or municipality are now or may hereafter be required to be filed; and
(j) To perform such other duties as may be prescribed by law.
Section 34-402. Elections conducted by ordinaries; compensation. -- The ordinary shall conduct, in accordance with the provisions of this Code, all elections held in his county other than municipal elections. The governing authority of the county may compensate the ordinary for the performance of his duties under this Code.
Section 34-403. Municipal elections; municipal superintendent. -- The municipal superintendent shall conduct, in accordance with the provisions of this Code, all municipal elections held within his municipality. The municipal superintendent shall be a person or committee selected in the manner pre scribed by the governing authority of the municipality. The compensation of the municipal superintendent shall be fixed and paid by the governing au thority of the municipality from municipal funds. The ordinary shall be eligible to hold the office of municipal superintendent for one or more municipalities within his county.
Section 34-404. Election expenses to be paid by counties and municipali ties.--Each governing authority shall appropriate annually, and from time to time, to its public superintendent, the funds that it shall deem necessary for the conduct of elections in such county or municipality, as the case may be, and for the performance of his other duties under this Code, including the payment: of the compensation of the poll officers, custodians and other assistants and employees herein provided for; for the purchase or printing, under contracts made by the public superintendent, of all ballots and other election supplies required by this Code, or which the public superintendent shall consider necessary to carry out the provisions of this Code; for the maintenance of voting machines, vote recorders and of all other election equipment required by this Code, or which the public superintendent shall consider necessary to carry out the provisions of this Code; and for all other expenses arising out of the performance of his duties under this Code.
19. By inserting the word "public" immediately preceding the word "super intendent" wherever it appears in Section 34-509.
20. By striking the semicolon at the end of phrase (d) of Section 34-602 and inserting in lieu of such semincolon the following words: ", and, in the case of a municipal primary or election, of the municipality in which he seeks to vote at least ninety days next preceding the date of such primary or election;".
21. By redesignating phrases (a), (b), (c), (d) and (e) of Section 34-602 as (i), (ii), (iii), (iv) and (v), respectively, and by inserting "(a)" immediately
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preceding the first sentence of Section 34-602, and by adding a new Subsection at the end of Section 34-602 to read as follows:
(b) No person shall be eligible to vote in a municipal primary or election unless he is registered as an elector with the board of registrars of the county and possesses the qualifications prescribed in Subsection (a) of this Section. No elector shall be required to register with any municipal officer or authority as a prerequisite for voting in a municipal primary or election. The qualifica tions of a person seeking to vote in a municipal primary or election shall be determined by the provisions of this Code and of the State Constitution, and such qualifications shall not be varied by any law of local application. Upon request, the board of registrars shall deliver a copy of the electors list to be used in each municipal election to the designee of the governing authority of the municipality at least seven days prior to each such election for the pur pose of permitting him to check the accuracy of the list and to challenge the disqualified.
22. By striking from Section 34-604 the following sentence: "The board of registrars may issue a written order releasing the tax commissioner or tax collector from the obligations imposed by this Chapter." Each written order issued under the provisions of such repealed sentence is hereby declared void as of the date this amendment becomes effective.
23. By adding immediately after the third semicolon contained in the oath set forth in Subsection (a) of Section 34-609 the following phrase: "that I have resided in the municipality of ---------------------------- for at least ninety days immediately preceding the date of this oath, or will have so resided on the-------- day of ------------------------------------, 19----;".
24. By adding immediately after the third semicolon contained in the oath set forth in Subsection (b) of Section 34-609 the following phrase: "that I have resided in the municipality of ------------------------ for at least ninety days im mediately preceding the date of this application, or will have so resided on the ------------day of ------------------------------------, 19------;".
25. By striking the period at the end of the title of Section 34-610 and inserting in lieu thereof the following: "office hours."; and by inserting "(a)" immediately preceding the first sentence of Section 34-610; and by striking the word "an" from the first sentence of Section 34-610 and inserting in lieu thereof the words "a main".
26. By striking the period at the end of the second sentence of Section 34-610 and inserting in lieu thereof the words "and such office shall be deemed the main office of the board of registrars.".
27. By adding a new Subsection at the end of Section 34-610 to read as follows:
(b) The main office of the board of registrars in each county shall remain open for business during regular office hours on each business day, except Saturday. The board of registrars may enlarge such minimum office hours and may open the offices at any time in order to suit the convenience of the public.
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28. By striking the word "fifty" from the title of Section 34-611 and inserting in lieu thereof the word "forty-five"; and by striking from the first sentence of Section 34-611 the word "fiftieth" and inserting in lieu thereof the word "fortyfifth"; and by striking the second sentence of Section 34-611; and by striking the word "also" from the last sentence of Section 34-611.
29. By striking the title and Subsection (a) of Section 34-613 and inserting in lieu thereof a new title and Subsection (a) to read as follows:
Section 34-613. Examination of registration card; registration. -- (a) If the answer to the question propounded to the applicant relating to the offenses enumerated in Paragraph I of Section II of Article II of the State Constitution is answered in the affirmative and the applicant has not been pardoned, the registration officer shall reject the application. If such question is answered in the negative, the applicant shall be immediately subjected to an examination as to his qualifications. The examination of the applicant shall be conducted in accordance with the procedure hereinafter prescribed.
30. By striking the words "notwithstanding any other provision of this Chap ter, if additional places for registration have been designated, the" from the first s"eTnhtee"n.ce of Subsection (b) of Section 34-613 and inserting in lieu thereof the word
31. By striking the word "Text" from the title of Section 34-617 and inserting in lieu thereof the word "Text"; and by striking Subsections (c), (d) and (e) of Section 34-617.
32. By striking the period at the end of the title of Section 34-623 and insert ing in lieu thereof the words; "commercial use of lists prohibited."; and by in serting "(a)" immediately preceding the first sentence of Section 34-623; and by adding at the end of Section 34-623 a new Subsection to read as follows:
(b) No person to whom a list of electors is made available or supplied under the provisions of this Code and no person who acquires a list of electors prepared from such list shall use any information contained therein for com mercial purposes.
33. By striking the word "fifty" wherever it appears in Section 34-625 and inserting in lieu thereof the word "forty-five".
34. By striking the words "pass upon such qualifications in the same manner as in other cases and" from the second sentence of Section 34-625.
35. By striking the last sentence of Subsection (a) of Section 34-628; and by striking Subsection (c) of Section 34-628.
36. By striking- "; right of electors to vote in district containing county courthouse" from the title of Section 34-629; and by striking Subsection (c) of Section 34-629.
37. By inserting the words "primary or" between the words "In any" and the word "election" as contained in the first line of Subsection (b) of Section 34-629.
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38. By striking Subsection (b) of Section 34-631; and by redesignating sub section (c) as Subsection (b); and by adding a new Subsection at the end of Section 34-631 to read as follows:
(c) No transfer of voter registration described in Subsections (a) and (b) above shall be effective for any primary or election unless such transfer was consummated at least five days (excluding Saturdays, Sundays and legal holidays) prior to such primary or election. No person shall vote in any election district except the district of his residence.
39. By redesignating Subsections (k) and (1) of Section 34-632 as Subsections (m) and (n), respectively; and by inserting between Subsections (j) and (m) of Section 34-632 two new Subsections to read as follows:
(k) The residence of a single man is where he usually sleeps at night;
(1) The residence of one who is an inmate or officer of a public asylum or eleemosynary institute, or who is an officer or employee in one of the departments or agencies of the Government of this State, or who is a student of a school, college or university, shall be construed to be where his home was before he became such inmate, officer, employee or student, unless he has become a bona fide resident in the place where he is employed as such officer or employee or is such student or inmate;
40. By striking Section 34-636; and by redesignating Sections 34-627, 34-628, 34-629, 34-630, 34-631, 34-632, 34-633, 34-634 and 34-635 as Sections 34-626, 34-627, 34-628, 34-629, 34-630, 34-631, 34-632, 34-633 and 34-634, respectively.
41. By striking the words "twenty per cent" from Subsection (b) of Section 34-705 and inserting in lieu thereof the words "a majority"; and by striking Subsection (c) of Section 34-705.
42. By striking the word "ordinary" wherever it appears in Sections 34-708, 34-709 and 34-710 and inserting in lieu thereof the words "public superintendent".
43. By striking the words "of the county" wherever it appears in Sections 34-708 and 34-710.
44. By inserting "(a)" immediately preceding the first sentence of Section 34-801.
45. By adding a new Subsection at the end of Section 34-801 to read as follows:
(b) Subsection (a) of this Section shall not apply to any municipal primary.
46. By inserting the word "a" immediately preceding the word "special" wherever it appears in Section 34-805, and by striking the words "and in cases involving vacancies occurring during the 1965 Session of the General Assembly, any" from the second sentence of Section 34-805.
47. By renumbering Section 34-806 as 34-807, and by inserting a new Section between Sections 34-805 and 34-807 to read as follows:
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Section 34-806. Bond elections -- (a) The governing authority of a county, municipality or political division desiring to incur 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 which publishes the sheriff's advertisements for the county containing all or the largest part of the area of the county, municipality or political division in volved. 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 specifying the rate or rates of interest which such bonds are to bear, may specify in the notice that such bonds when issued will bear 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 hear 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 interest rate specified in the notice of the election.
(b) After consolidation, the returns of such election shall be made to the governing authority calling the election who shall thereupon officially declare the result.
48. By adding a new Subsection at the end of Section 34-901 to read as follows:
(f) The Secretary of State may cancel the registration statement of any political party or body upon determining that the same no longer functions in this State.
49. By inserting the words "and the rules and regulations of the State Election Board" immediately after the word "law" appearing in the first sentence of Subsection (b) of Section 34-902 and in the first sentence of Subsection (b) of Section 34-905.
50. By inserting the words "State Election Board and the" immediately after the words "regulations of the" appearing in the first sentence of Subsection (c) of Section 34-902 and in the first sentence of Subsection (c) of Section 34-905.
61. By redesignating Subsection (d) of Section 34-902 as Subsection (e); and by inserting a new Subsection between Subsections (c) and (e) to read as follows:
(d) Whenever a municipal executive committee of a political party is established, such committee shall formulate, adopt and promulgate rules and regulations, consistent with law and the rules and regulations of the State Election Board and the State executive committee, governing the conduct of primaries, conventions and other party affairs within the municipality. No such rule and regulation shall be effective until copies thereof, certified by the chairman, have been filed with the ordinary of the county containing all or the largest part of the geographic area of the municipality.
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2743
52. By striking the words "and State Election Board" from the title of Section 34-904; and by striking Subsection (g) of Section 34-904; and by redesignating Subsection (h) of Section 34-904 as Subsection (g).
53. By striking the period at the end of the title of Section 34-1001 and insert ing in lieu thereof the words; "prohibition of certain multiple nominations."; and by adding a new Subsection (f) to Section 34-1001 to read as follows:
(f) No person shall be nominated, nor shall any person be a candidate in a primary, for more than one of the following public offices to be filled at any one election: Governor, Lieutenant Governor, Secretary of State, At torney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, Commissioner of Labor, United States Senator, or Representative in Congress, Public Service Commissioner, Justice of the Supreme Court, Judge of the Court of Appeals, Ordinary, Clerk of Superior Court, Tax Commissioner, Tax Collector, Sheriff, Judge of Superior Court, Solicitor or Judge of any City or Civil Court, County Commissioner, County Treasurer, County School Superintendent, Tax Receiver, and members of the Senate and House of Representatives of the General Assembly.
54. By inserting between the second and third sentences of Subsection (b) of Section 34-1001 a new sentence to read as follows:
Each candidate for a municipal office, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy in the office of the municipal superintendent of his municipality at least forty-five 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.
55. By striking the word "or" immediately preceding phrase (v) of Subsection (c) of Section 34-1001; and by striking the words "any candidate for any such office to be filled in such general election" from phrase (v) of Subsection (c) of Section 34-1001 and inserting in lieu thereof the following:
candidates for any such offices to be filled in such general election; or (vi) seeking, in a general election, a municipal office in a municipality where no political party has or will hold a primary for the nomination of any candidate for any municipal office to be filled in such general election.
56. By inserting, ", or his agent," between the words "Subsection (b)" and "shall accompany" as contained in Subsection (e) of Section 34-1001.
57. By striking the words "Federal or State" from the first sentence of Subsection (a) of Section 34-1003 and inserting in lieu thereof the word "public"; and by striking the word "members" wherever it appears in the first and third sentences of Subsection (a) of Section 34-1003 and inserting in lieu thereof the word "delegates"; and by striking the word "member" wherever it appears in the fourth and fifth sentences of Subsection (a) of Section 34-1003 and inserting in lieu thereof the word "delegate"; and by striking the words "each member" from the second sentence of Subsection (a) of Section 34-1003 and inserting in lieu thereof the words "the chairman and secretary".
58. By inserting two new sentences between the second and third sentences of Subsection (a) of Section 34-1003 to read as follows:
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Each county executive committee shall be entitled to select the number of delegates apportioned to it by the State executive committee; provided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the area involved in the convention according to the last United States Decennial Census, or upon the number of votes cast within such area for the party's candidates for presidential electors in the last presidential election.
59. By striking the words "Federal, State or county" from Subsection (b) of Section 34-1003 and inserting in lieu thereof the word "public"; and by striking the period at the end of Subsection (b) of Section 34-1003 and inserting in lieu thereof the words "in the case of a public office other than a municipal office, and by the municipal executive committee of the party in the case of a municipal office.".
60. By striking the words "of any county" from the first sentence of Section 34-1004.
61. By striking the words "or militia district office or membership in the House of Representatives of the General Assembly" from the first sentence of Section 34-1004 and inserting in lieu thereof the words, "militia district or municipal office".
62. By striking the word "ordinary" from the second sentence of Section 34-1004 and inserting in lieu thereof the words "public superintendent"; and by striking the words "or in a convention" from the last sentence of Section 34-1004.
63. By striking the period at the end of Section 34-1005 and inserting in lieu thereof the words "and the rules and regulations of the State Election Board.".
64. By striking the period at the end of the title of Section 34-1006 and insert ing in lieu thereof the words; "automatic nomination of unopposed candidates."; and by inserting "(a)" immediately preceding the first sentence of Section 341006; and by striking the third sentence of Section 34-1006; and by inserting a new Subsection at the end of Section 34-1006 to read as follows:
(b) After the expiration of the applicable qualification deadline pre scribed in Subsection (a) above, each candidate for nomination to a county or municipal office or to the office of justice of the peace or constable, having no opposing candidate within his own political party, shall automatically become the nominee of his party for such office. The name of such an un opposed candidate and the title of the nomination he is seeking shall not be placed upon the primary ballots or ballot labels. The proper officials of his political party shall certify him as the party nominee for the office involved for the purpose of having his name placed upon the election ballots and ballot labels. In applying the provisions of Sections 34-1001, 34-1003 and 34-1004, such an unopposed candidate shall be deemed to have been nominated in a primary held by his political party.
65. By striking the words "in each election district" from Subsection (a) of Section 34-1007 and inserting in lieu thereof the words "established by the public superintendent or superintendents".
INTERIM COMMITTEE REPORTS
2745
66. By striking the word "ordinary" wherever it appears in Subsection (a) of Section 34-1011 and inserting in lieu thereof the words "public superintendent".
67. By striking the period at the end of the first sentence of Subsection (c) of Section 34-1011 and inserting in lieu thereof the following: ", and the decision of the officer granting a nomination petition may be reviewed by such superior court upon an application for a writ of injunction to restrain the honoring of such petition".
68. By inserting the words "or injunction" immediately following the word "mandamus" in the second sentence of Subsection (c) of Section 34-1011.
69. By striking the words "its mandate to the officer to correct his decision, and to grant the nomination petition" from the fifth sentence of Subsection (c) of Section 34-1011 and inserting in lieu thereof the words "an appropriate order".
70. By striking the words "name of the candidate affected by the court's decision to be printed on the ballot, if the court should so determine" from the last sentence of Subsection (c) of Section 34-1011 and inserting in lieu thereof the words "printing of the ballots in proper form".
71. By striking the words "Mark out the name of each candidate for whom you do not wish to vote" from Subsection (b) of Section 34-1102 and inserting in lieu thereof the words "Place a cross (X) or check (V) mark in the square opposite the name of each candidate you choose to vote for".
72. By striking Subsection (d) of Section 34-1103 and inserting in lieu thereof a new Subsection to read as follows:
(d) When presidential electors are to be elected, the names of the nominees of each political party or body for such offices shall not appear upon the ballot, but, in lieu thereof, the names of the candidates of such party or body for President and Vice President of the United States, together with the name of such party or body, shall be printed on the ballot in a separate column to the right of the column listing the other candidates of such party or body.
73. By striking the words "ordinary of the county" from the third sentence of Subsection (e) of Section 34-1103 and inserting in lieu thereof the words "public superintendent".
74. By striking Section 34-1107 and inserting in lieu thereof a new Section to read as follows:
Section 34-1107. Sufficient number of ballots to be printed. -- The super intendent shall provide for each election district in which a primary or election is to be held a sufficient number of ballots for use by the electors who offer to vote in the district.
75. By striking the words "of any county" from Section 34-1202.
76. By inserting the words "or municipality, as the case may be," immediately after the word "county" as used in Section 34-1202.
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77. By striking Subsections (a) and (b) of Section 34-1203 and inserting in lieu thereof two new Subsections to read as follows:
(a) The governing authority may, upon its own motion, submit to the electors of the county or municipality, as the case may be, at any election, the question "Shall voting machines be used in the (County) (Municipality) of ------------------------------?".
(b) The governing authority, upon the filing of a petition with it signed by electors of the county or municipality equal in number to at least one per cent of the total number of electors who voted in such county or municipality at the preceding general election, shall, at the next election occurring at least forty-five days thereafter, submit to the electors of such county or municipality the question "Shall voting machines be used in the (County) (Municipality) of --------------------------------?".
78. By striking the words "of such county" from Subsection (d) of Section 34-1203 and from the fourth line of Subsection (e) of Section 34-1203.
79. By striking the word "ordinary" wherever it appears in Chapters 34-12 and 34-13 and inserting in lieu thereof the words "public superintendent".
80. By inserting the words "or municipality" immediately after the word "county" wherever it appears in Subsections (e) and (f) of Section 34-1203 and Subsection (a) of Section 34-1204.
81. By striking the last sentence of Subsection (a) of Section 34-1205 and inserting in lieu thereof a new sentence to read as follows:
The governing authority or municipal superintendent of any municipality possessing voting machines at the time of the adoption of this sentence may request the Secretary of State to examine such voting machines without paying the examination fee if such request is made within ninety days after the effective date of this sentence; and this sentence is hereby automatically repealed and stricken on the ninety-first day after it becomes effective.
82. By striking the words "of any county" from Subsection (e) of Section 34-1205 and from Section 34-1207.
83. By striking the period at the end of the first sentence of Section 34-1207 and inserting in lieu thereof the words "or municipality."; and by inserting the words "or municipalities" immediately after the word "counties" in the last sentence of Section 34-1207.
84. By striking the words "of each county" from the first sentence of Sub section (a) of Section 34-1209; and by striking the words "such county" from the first sentence of Subsection (a) of Section 34-1209 and inserting in lieu thereof the words "his county or municipality".
85. By striking the words "of the county" from the second sentence of Sub section (b) of Section 34-1209 and from Subsection (b) of Section 34-1215, and from Section 34-1216.
86. By inserting the words "or municipality" immediately after the word "county" wherever it appears in Subsections (b), (c) and (f) of Section 34-1209.
INTERIM COMMITTEE REPORTS
2747
87. By inserting between the first and second sentences of Subsection (c) of Section 34-1209 a new sentence to read as follows: "Such notice shall also be advertised in a newspaper which publishes the sheriff's advertisements for the county at least five days prior to the time when the preparation of such machines will be started".
88. By inserting the word "public" immediately preceding the word "superindent" as it appears in Subsection (c) of Section 34-1210.
89. By striking the words "of any county" from Section 34-1217.
90. By inserting the words "or municipality" immediately after the word "county" wherever it appears in Section 34-1217 and Subsection (a) of Section 34-1218.
91. By striking the last sentence of Subsection (a) of Section 34-1219.
92. By striking the words "any custodian, or the governing authority of any county" from Subsection (e) of Section 34-1219 and inserting in lieu thereof the words "nor any public superintendent or the governing authority".
93. By striking the words "of any county" from Section 34-1221; and by striking the period at the end of the first sentence of Section 34-1221 and insert ing in lieu thereof the words "or municipality".
94. By striking the period at the end of the first sentence of Subsection (b) of Section 34-1222 and inserting in lieu thereof the words"; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors.".
95. By striking Subsection (c) of Section 34-1222 and inserting in lieu thereof a new Subsection to read as follows: "(c) The form and arrangement of ballot labels shall be prescribed by the Secretary of State and prepared by the super intendent".
96. By striking the words "of each county" from Subsection (a) of Section 34-1225; and by striking the words "such county" from Subsection (a) of Section 34-1225 and inserting in lieu thereof the words "his county or municipality".
97. By striking the words "of the county" from the second sentence of Sub section (b) of Section 34-1225, and from Subsection (b) of Section 34-1229, and from Section 34-1230.
98. By inserting the words "or municipality" immediately after the word "county" as it appears in the second sentence of Subsection (b) of Section 34-1225 and in the first sentence of Subsection (e) of Section 34-1225.
99. By striking the words "affidavits of challenged electors", and "of the county" from the second sentence of Section 34-1301.
100. By striking Section 34-1307 and inserting in lieu thereof a new Section to read as f ollows:
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Section 34-1307. Limitation of campaign activities on primary and elec tion days. -- No person shall distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind in support of any person, party, body, or proposition on any primary or election day. No person shall expressly solicit votes in any manner or by any means or method within two hundred and fifty feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater. During the period beginning one hour prior to the opening of the polls and ending at the time the last elector votes at a polling place, the poll officers shall promptly remove and conceal any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind in support of any person, party, body, or proposition displayed within two hundred and fifty feet of such polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater.
101. By inserting the word "registering" immediately preceding the word "counters" as it appears in phrase (5) of paragraph (iii) of Subsection (b) of Section 34-1309.
102. By striking the period at the end of the title of Section 34-1310 and inserting in lieu thereof the words"; challenges; voting in district of residence".
103. By inserting between the first and second sentences of Subsection (a) of Section 34-1310 two new sentences to read as follows:
A poll officer may question any person of doubtful qualification attempting to vote and may require identification or other evidence of qualification. Upon a satisfactory showing that a person is qualified to vote, the poll officer shall allow the person to vote.
104. By striking "Sections 34-629 and" from Subsection (c) of Section 341310 and inserting in lieu thereof the word "Section"; and by redesignating Sub section (c) of Section 34-1310 as Subsection (d) ; and by inserting between Subsections (b) and (d) of Section 34-1310 a new Subsection to read as follows:
(c) Any elector in the polling place of his election district shall have the right to challenge the qualifications of any person offering to vote at such polling place. The person so challenged shall be carefully questioned by the managers as to his right to vote in such election district. The man agers may place such person under oath and require a written affidavit. The challenge shall be decided immediately and the decision of the majority of the managers shall determine whether or not such person shall be permitted to vote..
105. By striking the second sentence of Subsection (b) of Section 34-1313.
106. By striking the words "marking out the name of each candidate for whom he does not wish to vote" from Subsection (b) of Section 34-1314 and insert ing in lieu thereof the words "making a cross (X) or check (V) mark in the square opposite the name of each candidate".
107. By striking the words "upon the upper portion of the back of the ballot" from Subsection (d) of Section 34-1314 and inserting in lieu thereof the word "thereon".
INTERIM COMMITTEE REPORTS
2749
108. By striking the word "back" from the first sentence of Subsection (d) of Section 34-1314 and inserting in lieu thereof the words "number strip"; and by striking the third sentence of Subsection (d) of Section 34-1314; and by striking the words ", other than one marked 'Challenged'," from the last sentence of Subsection (d) of Section 34-1314.
109. By adding a new sentence at the end of Subsection (b) of Section 34-1314 and at the end of Subsection (c) of Section 34-1315 to read as follows: "No elector shall be permitted to cast a write-in ballot in a primary".
110. By striking the comma from the second sentence of Subsection (c) of Section 34-1314 and inserting in lieu thereof the following: "except its candidates for the offices of presidential electors,"; and by striking the period at the end of the second sentence of Subsection (c) of Section 34-1314 and inserting in lieu thereof the following: "except its candidates for the offices of presidential elec tors".
111. By inserting " (with the exception of candidates for the offices of presidential electors)" between the words "ticket" and "in" as they appear in the second sentence of Subsection (c) of Section 34-1315.
112. By inserting between the first and second sentences of Subsection (c) of Section 34-1314, and between the first and second sentences of Subsection (d) of Section 34-1315, a new sentence to read as follows: "No elector shall be permitted to cast a write-in ballot in a runoff election".
113. By striking Subsection (g) of Section 34-1315.
114. By striking the words ", unless his vote is 'challenged'," from the second sentence of Subsection (d) of Section 34-1316; and by striking the last sentence of Subsection (d) of Section 34-1316.
115. By striking the word "ten" from the last sentence of Subsection (b) of Section 34-1317 and inserting in lieu thereof the word "two".
116. By striking the word "general" wherever it appears in Section 34-1320 and Subsection (b) of Section 34-1321 and inserting in lieu thereof the word "district".
117. By striking the last sentence of Section 34-1320.
118. By striking the words "and those outside the ballot box, as well as the voters certificates, numbered list of voters and electors list have been sealed," from the first sentence of Subsection (a) of Section 34-1321.
119. By striking the first sentence of Section 34-1322 and inserting in lieu thereof the following: "(a) Any ballot marked so as to identify the voter shall be void and not counted.".
120. By striking the sixth sentence of Section 34-1322 and inserting in lieu thereof a new sentence to read as follows: "Any ballot marked by any other mark than a cross (X) or check (V) mark in the spaces provided for that
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purpose shall be void and not counted; provided, however, that no vote recorded thereon shall be declared void because a cross (X) or check (V) mark thereon is irregular in form.".
121. By striking the letter "A" from the beginning of the seventh sentence of Section 34-1322 and inserting in lieu thereof the words "At elections,"; and by striking the word "general" from the eighth sentence of Section 34-1322.
122. By striking the word "Any" from the beginning of the last sentence of Section 34-1322 and inserting in lieu thereof the words "At elections,".
123. By striking Section 34-1324 and inserting in lieu thereof a new Section to read as follows:
Section 34-1324. Signing and disposition of returns, electors list, voter's certificates and other papers; posting; return of ballot boxes. -- (a) Im mediately after the vote has been counted in districts in which paper ballots are used, all of the district returns shall be signed in ink by the poll officers. If any poll officer shall refuse to sign or certify the district returns, he shall write his reasons therefor upon the district return sheets.
(b) One counterpart of such returns shall be immediately posted outside of the polling place for the information of the public. This counterpart shall be removed on the afternoon of the following day and filed in the office of the superintendent.
(c) A second counterpart of such returns, together with the used, unused and void ballots and the stubs of all the ballots used, the tally papers, oaths of poll officers, the electors list, and numbered list of voters, shall be sealed in a separate envelope addressed to the clerk of the superior court and bearing a list of its contents on the outside. This envelope, together with an unsealed third counterpart of such returns, the ballot boxes and other election supplies, shall be immediately delivered by the managers into the custody of the super intendent.
(d) The voter's certificates, rejected voter's certificates and oaths of assisted voters shall be sealed in a separate envelope addressed to the board of registrars and bearing a list of its contents on the outside. This envelope shall be immediately delivered by the managers into the custody of the superintendent.
124. By striking from the last sentence of Section 34-1325 the following words: "which shall then be placed in separate packages, containers or envelopes and sealed".
125. By striking the first eight sentences of Subsection (b) of Section 34-1326 and inserting in lieu thereof the following eight sentences:
(b) The vote as registered shall be entered by the poll officers, in ink, on the district return sheets, all of which, after the canvass is completed, shall be signed by the poll officers. If any poll officer shall refuse to sign or certify the return sheets, he shall write his reasons therefor upon such sheets. The vote for presidential electors shall be computed and returned as provided in Section 34-1314 (c). If more than one voting machine is used in any election district, the vote registered on each machine shall be as certained in like manner, and separately entered in appropriate spaces on the
INTERIM COMMITTEE REPORTS
2751
return sheets. The total vote cast for each candidate, and for and against each question, shall then be computed and entered on the return sheets. There shall also be entered on the district return sheets the number of electors who have voted, as shown by the numbered list of voters, the electors list, and voter's certificates, and the number on each machine, as shown by the public counters, and also the number registered on the protective counter or device on each machine immediately prior to the opening of the polls and im mediately after the closing thereof and sealing of the machine. The number or other designation of each machine used shall also be entered thereon. In the case of primaries, return sheets shall be prepared as for elections.
126. By striking the third sentence from Subsection (c) of Section 34-1326.
127. By striking Section 34-1327 and inserting in lieu thereof a new Section to read as follows:
Section 34-1327. Disposition of returns, electors list, voter's certificates and other papers; posting. -- (a) The district return sheets shall be printed to conform with the type of voting machine used, and in form approved by the Secretary of State. The designating number and letter, if any, on the counter for each candidate, shall be printed thereon opposite the candidate's name.
(b) One counterpart of the district returns shall be immediately posted outside of the polling place for the information of the public. If the type of voting machine used in the district is equipped with mechanism for print ing paper proof sheets, one of such proof sheets shall also be posted outside of the polling place. This counterpart of the returns and the paper proof sheet, if any, shall be removed on the afternoon of the following day and filed in the office of the superintendent.
(c) A second counterpart of the district returns, together with the writein ballots, one or more of the paper proof sheets (if the type of voting machine used is equipped with mechanism for printing them) oaths and certificates of poll officers, the electors list, and the numbered list of voters, shall be sealed in a separate envelope addressed to the clerk of the superior court and bearing a list of its contents on the outside. This envelope, together with an unsealed third counterpart of such returns and other election supplies, shall be immediately delivered by the managers into the custody of the superintendent.
(d) The voter's certificates, rejected voter's certificates and oaths of assisted voters shall be sealed in a separate envelope addressed to the board of registrars and bearing a list of its contents on the outside. This envelope shall be immediately delivered by the managers into the custody of the super intendent.
128. By striking Section 34-1329 and inserting in lieu thereof a new Section to read as follows:
Section 34-1329. Returns in districts in which vote recorders are used.-- (a) Upon completion of the count of write-in votes, the managers shall prepare and sign returns in sufficient counterparts, showing: (i) the number of valid ballot cards, including any that are damaged; (ii) the number of write-in ballots voted, and the tally of the write-in votes; (iii) the number of spoiled and invalid ballot cards; and (iv) the number of unused ballot cards.
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(b) One counterpart of such returns shall be immediately posted outside of the polling place for the information of the public. This counterpart shall be removed on the afternoon of the following day and filed in the office of the superintendent.
(c) A second counterpart of the district returns, together with the used, unused and invalid ballot cards and the stubs of all ballot cards used, the write-in ballots, tally papers, oaths of poll officers, the electors list, and the numbered list of voters, each enclosed in separate enve^pes (except that the tally papers, oaths and lists may be enclosed in the same envelope), shall be placed in the ballot card container which shall be sealed and signed bv the managers so that it cannot be opened without breaking the seal. The ballot card container, together with the vote recorders and other election supplies, shall be immediately delivered by the managers to the tabu lating machine center, or other place designated by the superintendent, who shall receive a receipt therefor.
(d) The voter's certificates, rejected voter's certificates and oaths of assisted voters shall be sealed in a separate envelope addressed to the board of registrars and bearing a list of its contents on the outside. This envelope shall be immediately delivered by the managers into the custody of the superintendent.
129. By striking Section 34-1331 and inserting in lieu thereof a new Section to read as follows:
Section 34-1331. Compulsory time off for voting.-- (a) Any elector entitled to vote in a primary or election shall be entitled to absent himself for the purpose of voting from any service or employment in which he is then engaged or employed on the day of such primary or election for a neces sary period not to exceed two hours between the time of opening and the time of closing the polls. Such elector, because of so absenting himself, shall not be liable to any penalty, nor shall any deduction be made from his usual salary or wages on account of such absence, provided, however, that the elector casts his legal vote. Electors who are employed and paid by the hour shall receive their regular hourly wage for the period of such absence not to exceed two hours. Application shall be made for such leave of absence prior to the day of the primary or election. The employer may specify the hours during which such employee may absent himself, but such hours shall be at the beginning or ending of the work shift if the employee so requests.
(b) This Section shall not apply to any person whose hours of employ ment on the day of the primary or election are such that th^re are two or more hours between the time of opening and the time of closing of the polls during which he is not employed on the job.
130. By striking from the last sentence of Section 34-1332 the following words: "or by direction of any legislative committee to investigate and report upon contested primaries or elections affected by the use of such machines,".
131. By inserting between the words "in" and "or" as they appear in Sec tion 34-1401 the following words: ", or who will be a poll officer in an election district other than the one of his residence in the election he desires to vote in,".
132. By striking Subsection (d) of Section 34-1407 and inserting in lieu thereof a new Subsection (d) to read as follows:
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(d) Absentee ballots shall be counted and returned as set forth in Sec tion 34-1321.
133. By inserting the words "or municipality" immediately after the word "county" as it appear in the first sentence of Section 34-1410.
134. By inserting a new Section at the end of Chapter 34-14 to read as follows:
Section 34-1412. Counting of absentee votes on voting machines and vote recorders.--In counties or municipalities which use voting machines or vote recorders, the votes marked on absentee ballots may be counted in the following manner: One poll officer shall call aloud the name of the candidate voted for. A second poll officer shall observe that the first poll officer reads the ballot correctly. Two other poll officers shall attend the voting machine or vote recorder so that one of the poll officers may depress the lever or perforate the ballot card for the candidate whose name is being read, and the other poll officer shall observe closely that the proper levers are being depressed or that the proper perforations are being made as the votes are read aloud. Votes for or against any question appearing on the ballot shall be counted in the same manner as above provided. Ballot cards so used for the purpose of tabulation shall be of a color distinct from those otherwise used in the primary or election.
135. By striking the word "general" from the first sentence of Section 34-1502.
136. By inserting the words "in the case of primaries and elections other than municipal primaries and elections, and in the municipality involved in the case of municipal primaries and elections," immediately after the words "county seat" as they appear in the first sentence of Section 34-1503.
137. By inserting the words "in the case of primaries and elections other than municipal primaries and elections, and in the city hall in the case of municipal primaries and elections," immediately after the word "courthouse" as it appears in the third sentence of Section 34-1503.
138. By inserting ", municipality" immediately after the word "county" as it appears in the fourth sentence of Section 34-1503.
139. By inserting the words "in the case of primaries and elections other than municipal primaries and elections, and in the municipality in the case of municipal primaries and elections," immediately after the word "seat" as it ap pears in the first sentence of Subsection (a) of Section 34-1504.
140. By inserting the words "or municipality" immediately after the word "county" wherever it appears in the second and third sentences of Subsection (a) of Section 34-1504.
141. By striking the word "general" wherever it appears in Section 34-1504; and by striking the word "and" immediately preceding the words "duplicate return" as contained in the first sentence of Paragraph (ii) of Subsection (d) of Section 34-1504.
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142. By inserting the following sentence after the first sentence of Section 34-1504 (g):
If it should appear that the absentee ballots in the election district might change the result indicated upon the voting machine, then the absentee ballots shall be recounted by the superintendent.
143. By striking the words "and duplicate returns, or either of them," from the last sentence of Paragraph (ii) of Subsection (d) of Section 34-1504 and from the last sentence of Subsection (g) of Section 34-1504 and inserting in lieu thereof the word "returns".
144. By striking the last two sentences of Subsection (h) of Section 34-1504 and inserting in lieu thereof a sentence to read as follows: "Immediately after the completion of the computation of votes, the superintendent shall certify the returns so computed in the manner required by this Code."; and by striking Subsection (f) of Section 34-1504; and by redesignating Subsections (g) and (h) of Section 34-1504 as Subsections (f) and (g), respectively.
145. By striking Subsection (b) of Section 34-1506 and inserting in lieu thereof a new Subsection (b) to read as follows:
(b) In the case of a primary, each party superintendent shall make the return required by the rules of his party.
146. By striking Subsection (e) of Section 34-1506 and inserting in lieu thereof three new Subsections to read as follows:
(e) In the case of a municipal election, the municipal superintendent shall make the return of the election to the governing authority of the municipality.
(f) In the case of an election for the submission of a proposed consti tutional amendment to the people, the returns of the election shall be made to the Secretary of State, who shall ascertain the result and certify it to the Governor, who shall issue his proclamation thereon.
(g) The returns and certificates referred to in Subsections (c), (d), (e) and (f) above shall be accompanied in each election with a numbered list of voters from each election district involved.
147. By striking the word "; issuance of certificates of election" from the title of Section 34-1504.
148. By striking the word "if any such presidential elector shall die, or for any cause fail to attend at the seat of government at the time appointed by law, the presidential electors present shall proceed to choose viva voce a person of the same political party or body, if any, as such deceased or absent presidential elector, to fill the vacancy occasioned thereby, and immediately" from Section 34-1603 and inserting in lieu thereof the words "If a vacancy shall occur in the office of any such presidential elector through death, failure to attend at the seat of government at the time appointed by law, ineligibility or other cause, the presidential electors present shall proceed to choose by plurality vote a per son to fill such vacancy. Immediately".
149. By striking Chapter 34-17 and inserting in lieu thereof a new Chapter to read as follows:
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Chapter 84-17. Contested Primaries and Elections.
Section 34-1701. Definitions.--The following words, when used in this Chapter, shall have the following meanings, unless otherwise clearly ap parent from the context:
(a) The word "contestant" shall mean any persons or persons entitled under the provisions of Section 34-1702 to contest the result of any primary or election; and
(b) The word "defendant" shall mean: (i) the persons whose nomina tion or election is contested; (ii) the person or persons whose eligibility to seek any nomination or office in a runoff primary or election is contested; (iii) the Secretary of State in the case of a proposed constitutional amend ment submitted to electors of two or more counties; (iv) the ordinary in the case of a proposed constitutional amendment submitted to electors of a single county; or (v) the public officer who formally declared the number of votes for and against any other question submitted to electors at an election; as the case may be.
Section 34-1702. Contest authorized; contestant.--The nomination of any person who is declared nominated at a primary as a candidate for any public office; or the election of any person who is declared elected to any such office (except when otherwise prescribed by the Federal or State Con stitution) ; or the eligibility of any person declared eligible to seek any such nomination or office in a runoff primary or election; or the approval or disapproval of any question submitted to electors at an election; may be contested by any aggrieved person or organization.
Section 34-1703. Grounds for contest.-- (a) A result of a primary or election may be contested on one or more of the following grounds: (i) Malconduct, fraud or irregularity by any primary or election official or officials sufficient to change or place in doubt the result; (ii) When the defendant is ineligible for the nomination or office in dispute; (iii) When illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the result; (iv) For any error in counting the votes or declaring the result of the primary or election, if such error would change the result; or (v) For any other cause which shows that another was the person legally nominated, elected or eligible to compete in a runoff primary or election.
(b) Provided that no election called and held pursuant to Section 34-806, relating to bond elections, shall be defeated for noncomplianee with the re quirements of the law, if held at the proper time and place by persons quali fied to hold it, unless it is shown that, by such noncomplianee, the result is different from what it would have been had there been proper compliance.
Section 34-1704. Superior court of county of defendant's residence to have jurisdiction; presiding judge.-- (a) A contest case governed by the provisions of this Chapter shall be tried and determined by the superior court of the county where the defendant shall reside. A contest case chal lenging the eligibility of the two defendants declared as eligible to compete with each other in a runoff primary or election, shall be tried and deter mined by the superior court of the county where the defendant who received the highest number of votes shall reside.
(b) The superior court having jurisdiction of a contest case involving nomination for or election to a public office filled by the vote of electors of
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the State-at-large or within a single judicial circuit, or involving the sub mission of a question to electors of the State-at-large or within a single judicial circuit, shall be presided over by the senior judge of superior court in time of service in the judicial circuit or circuits adjoining the judicial circuit containing the county in which the contest is instituted. In any other contest case, the superior court having jurisdiction shall be presided over by the judge of superior court who resides nearest the courthouse in which the contest is filed but who resides in a judicial circuit wholly outside of the congressional or senatorial district or other area involved in the contest.
(c) Upon the filing of a contest petition, the clerk of the superior court having jurisdiction shall immediately notify the senior judge described in Subsection (b) above of the institution of proceedings under this Chapter; and if such judge is disqualified or unable to serve, the clerk shall imme diately notify the Governor of such fact and he shall thereupon appoint a disinterested judge of superior court, residing outside of the judicial circuit in which the contest is pending, to serve in the place of such senior judge. Such judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. He shall receive as expenses the same remuneration that he could receive for serving as judge in a court other than the court of his residence, if presiding in his circuit.
Section 34-1705. Petition; contents; verification; filing; notice; special process; answer; cross action; amendment.-- (a) A petition to contest the result of a primary or election shall be filed in the office of the clerk of the superior court having jurisdiction, within ten days after the official declara tion of the result in dispute, and shall allege: (i) the contestant's qualification to institute the contest; (ii) the contestant's desire to contest the result of such primary or election and the name of the nomination, office or question involved in the contest; (iii) the name of the defendant; (iv) the name of each person who was a candidate at such primary or election for such nomi nation or office in the case of a contest involving same; (v) each ground of contest; (vi) the date of the official declaration of the result in dispute; (vii) the relief sought; and (viii) such other facts as are necessary to pro vide a full, particular and explicit statement of the cause of contest.
(b) When an error in the counting of votes is alleged as a ground of contest, it is sufficient for the contestant to state generally that he believes that error was committed in the counting of the votes cast for the filling of the nomination or office in dispute, or for or against the question in dis pute, in one or more specified election districts, and it shall not be necessary for the contestant to offer evidence to substantiate such allegation. If a re count of the votes cast in any election district or districts shall change the result in dispute, then any aggrieved litigant may require a recount of the votes affecting such result, which were cast in any other district or dis tricts, by amending his pleadings and requesting such relief.
(c) The petition shall be verified by the affidavit of each contestant. Such affidavit shall be taken and subscribed before some person authorized by law to administer oaths, and shall state that the contestant believes the facts alleged therein are true, that according to the best of his knowledge and belief the contested result of the primary or election is illegal and the return thereof incorrect, and that the petition to contest the same is made in good faith.
(d) A statement of the grounds of contest shall not be rejected, nor the proceedings dismissed by any court, for want of form, if the grounds of
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contest are alleged with such certainty as will advise the defendant of the particular proceeding or cause for which the primary or election is con tested.
(e) Upon such petition being filed, the clerk shall issue notice, in the form of special process directed to the sheriff of such county, requiring the defendant and any other person named in such petition as a candidate for such nomination or office, if any, to appear and answer such petition, on a day to be fixed in such notice, not more than ten days nor less than five days after the service of such notice. Such notice, with a copy of the petition attached, shall be served by the sheriff upon the defendant, and any other person named therein, in the same manner as petitions and process are served in other civil cases. On or before the day fixed in such notice, unless for good cause shown the presiding judge shall extend the time therefor, the defendant shall appear and answer such petition and may set up by way of answer or cross action any right of interest he may have or claim in such proceeding. Any other person who was a candidate at such primary or elec tion for the nomination or office involved and upon whom notice was served as aforesaid shall be deemed a litigant to such proceeding and may set up by way of answer or cross action any right of interest he may have or claim therein.
(f) After filing, any petition, cross action or answer may be amended with leave of the court so as to include the specification of additional grounds of contest, other relevant facts or prayer for further relief. After each amendment, a reasonable time to respond shall be given by the court to any opposing litigant.
Section 34-1706. Hearing; powers of court.-- (a) The presiding judge shall fix a place and time, within twenty days after the return day fixed in such notice to the defendant, for the hearing of the contest proceeding. Such judge may fix additional hearings at such other times and places as are nec essary to promptly decide the contest.
(b) The court, presided over by such judge, shall have plenary power, thoughout the area in which the contested primary or election was conducted, to make, issue and enforce all necessary orders, rules, processes and decrees, for a full and proper understanding and final determination and enforcement of the decision of every such case, according to the course of practice in other civil cases under the laws of this State, or which may be necessary and proper to carry out the provisions of this Code. The court shall have authority to subpoena and to compel the attendance of any officer of the primary or election complained of, and of any person capable of testifying concerning the same, and also to compel the production of evidence which may be required at such hearing, in like manner, and to the same extent as in other civil cases litigated before such court; to take testimony and to pro ceed without delay, postponing for the purpose, if necessary, all other busi ness, to the hearing and determination of such contest.
(c) The court may, in its discretion, limit the time to be consumed in taking testimony, dividing such time equitably among all litigants concerned, with a view therein to the circumstances of the matter and the proximity of the next succeeding primary or election.
Section 34-1707. Jury trial.-- (a) All issues of a contest shall be fully tried and determined by the court, without the aid and intervention of a jury, unless a litigant to the contest shall demand a trial by jury at any time prior to the call of the case, and the court shall determine that it is an issue,
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which under other laws of this State, the litigant is entitled to have trial by a jury. Upon such determination, a jury shall be impaneled and the case shall proceed according to the practice and procedure of the court in jury cases.
(b) In a case contesting the result of a primary or election held in two or more counties, each issue to be tried by a jury shall be tried by a jury impaneled in the county where such issue or a part thereof arose. Such jury shall be impaneled by the superior court of the county in which the jury trial is to be conducted and such trial shall be presided over by the judge as described in Section 34-1704 and such trial shall proceed, in so far as practicable, as though it were being conducted in the county of the supe rior court having jurisdiction of the contest.
(c) In a case contesting the result of a primary or election held within a single county, the court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In a case contesting the result of a primary or election held in two or more counties, the court shall require each jury impaneled to return only a special verdict in the form of a special written finding upon each issue of fact. In a case where a special verdict is to be rendered, the court shall submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its findings upon each issue. If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives his right to a trial by a jury of the issue so omitted unless before the jury retires he demands its submission to the jury. As to an issue omitted without such demand the court may make a findings; or, if it fails to do so, it shall be deemed to have made a finding in accord with the judg ment on the special verdict.
Section 34-1708. Judgment; nomination, election or eligibility declared invalid; second primary or election.-- (a) After hearing the allegations and evidence in the contest, the court shall declare as nominated, elected, or as eligible to compete in a runoff primary or election, that qualified candidate who received the requisite number of votes, and pronounce judgment accord ingly, and the clerk shall certify such determination to the proper author ity. In the case of a contest involving a question submitted to electors at an election, the court shall pronounce judgment as to whether the same was approved or disapproved, and the clerk shall certify such determination to the defendant.
(b) When a defendant, who has received the requisite number of votes for nomination, election or to compete in a runoff primary or election, is determined to be ineligible for the nomination or office sought, the court shall pronounce judgment declaring the primary or election invalid as regards such nomination or office, and shall thereupon call a second primary or election to fill such nomination or office.
(c) If misconduct is complained of on the part of the poll officers of any election district, it shall not be held sufficient to set aside the contested result unless the rejection of the vote of such district would change such result.
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(d) Whenever the court trying a contest shall determine that the pri mary or election is so defective as to the nomination, office, eligibility or question in contest as to place in doubt the result of the entire primary or election for such nomination, office, eligibility or question, then such court shall declare the primary or election to be invalid as regards such nomina tion, office, eligibility or question, and shall thereupon call a second pri mary or election to fill such nomination or office or for the resubmission of such question.
Section 34-1709. Appellate review.--An appeal from the final deter mination of the court may be taken within ten days from the rendition there of to the Supreme Court or Court of Appeals as in other civil cases. Such court shall consider applications for stays or supersedeas in such cases with out regard to whether any bill of exceptions has been certified or the record docketed in such cases.
Section 34-1710. Costs; liability for.--The contestant and the defendant shall be liable to the officers and witnesses for the costs made by them, respectively. If the result of the primary or election be confirmed, or the petition dismissed, or the result of the primary or election be set aside, he shall pay the costs at the discretion of the court. After entry of judgment, the costs may be collected by attachment or otherwise.
150. By striking the word "and" at the end of Subsection (es) of Section 34-2001.
151. By striking the period at the end of Subsection (et) of Section 34-2001 and inserting in lieu thereof "; and".
152. By adding at the end of Section 34-2001 new Subsections to read as follows:
(eu) Section 23-505 to 23-516, inclusive, of the Code of Georgia of 1933 providing for the contest of the result of elections for the removal of county sites;
(ev) Sections 87-201, 87-202 and 87-204 of the Code of Georgia of 1933, as amended, relating to the calling and holding of bond elections by the gov erning authority of a county, municipality or political division desiring to incur bonded debt in accordance with the provisions of the State Constitu tion;
(ew) Subsection (9) of Section 40-601 of the Code of Georgia of 1933 providing for the quadrennial destruction of election returns by the Secre tary of State;
(ex) An Act approved March 6, 1962 (Ga. Laws, 1962, pp. 690-691) pro viding for the returns of elections relative to proposed constitutional amend ments and certification of same; and
(ey) An Act approved March 10, 1964 (Ga. Laws 1964, pp. 253-254) providing for employees to have necessary time off to vote in primaries and elections.
PROPOSED AMENDMENT TO CODE SECTION 87-203
The Election Laws Study Committee proposes to amend Section 87-203 of the Code of Georgia of 1933, as amended, as follows:
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1. By striking Code Section 87-203, relating to the issuance of bonds, and inserting in lieu thereof a new Section to read as follows:
Section 87-203. Bonds may be issued, when.--When any county, munici pality, or political division desiring to incur any bonded debt, as permitted by the Constitution of the State of Georgia, has given notice of and held an election in the manner prescribed by law, and if said election evidences the assent of a majority of the qualified voters of the county, municipality or political division voting in such election as to the incurring of the bonded debt proposed, then the authority to issue the bonds in accordance with the Constitution of the State of Georgia is hereby given to the proper officers of said county, municipality or political division.
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.
REPORT OF THE HOUSE COMMITTEE TO STUDY THE UTILIZATION OF STATE-OWNED FARM LAND
THE COMMITTEE
Honorable Sidney Lowrey Representative, Floyd County Chairman
Honorable Hubert H. Wells Representative, Oconee County Vice Chairman
Honorable Preston B. Lewis, Jr. Representative, Burke County Secretary
Honorable J. 0. Brackin Representative, Seminole County
Honorable W. Herschel Lovett Representative, Laurens County
Honorable Chappelle Matthews Representative, Clarke County
Honorable Dewey Rush Representative, Tattnall County
December, 1966
INTRODUCTION:
Pursuant to the authority granted in House Resolution No. 221 on July 26, 1965, the Honorable George T. Smith, Speaker of the House of Representatives, created an interim legislative study committee for the purpose of studying the utilization of State-owned farm land, particularly that located at the Milledgeville State Hospital.
The following members of the House of Representatives were appointed to serve on the Committee:
Honorable J. O. Brackin Representative, Seminole County Honorable Preston B. Lewis, Jr. Representative, Burke County Honorable W. Herschel Lovett Representative, Laurens County Honorable Sidney Lowrey
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Representative, Floyd County Honorable Chappelle Matthews Representative, Clarke County Honorable Dewey Rush Representative, Tattnall County Honorable Hubert H. Wells Representative, Oeonee County
The appointing authority designated Honorable Sidney Lowrey, Renresentative, Floyd County, as Chairman of the Committee, Honorable Hubert H. Wells, Representative, Oeonee County, as Vice Chairman of the Committee, and Honor able Preston B. Lewis, Jr., Representative, Burke County, as Secretary of the Committee.
EXTENT OF STUDY:
The Committee at its organizational meeting determined that the Committee should make as thorough a study as possible relative to the utilization of all State-owned farm lands.
The Committee ascertained that institutional farms were being operated by several departments at several institutions or facilities being operated by the State of Georgia. The major institutional farms, their location and the State departments operating them are as follows:
1. Georgia State Prison, Tattnall County, State Board of Corrections.
2. Georgia Industrial Institute, Habersham County, State Board of Corrections.
3. Milledgeville State Hospital, Baldwin County, Department of Public Health.
4. Gracewood State School and Hospital, Richmond County, Department of Public Health.
5. Youth Development Center, Baldwin County, Division for Children and Youth within the Georgia Department of Family and Children Services.
6. School for the Deaf, Floyd County, State Department of Education.
The Committee visited the institutional farms stated above. The Committee conferred with the department heads of the departments operating the abovestated institutional farms and with many of the personnel involved in the opera tion of said farms. The Committee did not fully realize the extent that the State was involved in farming operations until after its visits to said farms and the conferences with the persons herein stated.
The operations of said institutional farms of the State are carried on as a part of the operations of the institutions or facilities where they are located and it would be practically impossible to have an exact accounting as to the State
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funds expended by virtue of their operations. However, the Committee did ascertain that the operation of said institutional farms is an expensive operation. The Committee is of the opinion that if the farms were commercial farms and that if said farms were being operated as presently operated, that they would be operating at a loss.
The Committee ascertained that pursuant to an Act approved March 7, 1960 (Ga. Laws I960, p. 783) there was created within the Department of Agriculture an Advisory Committee on State Farms and an Advisor of State Institutional Farms. The Committee studied the provisions of this Act. It was ascertained that most of the duties and authority granted by said Act was advisory only, and that said Act did not provide sufficient authority relative to assisting in the operations of the State institutional farms.
The Committee learned that there are many difficulties in operating the present State institutional farms. Some of the difficulties obvious to the Com mittee are:
1. That there was no liaison or coordinated effort by the departments operating State institutional farms wherein interfarm or inter-agency use of equipment, machinery and facilities were carried on to any great extent,
2. The farms were not adequately supervised by professionally qualified personnel. Such personnel was needed due to the fact that many persons used in operating the farms were patients or inmates and were not experienced in farm operations.
3. That adequate personnel for operating said farms was not available.
4. That no coordinated or definite program was followed in operating said farms, and
5. That there was no effort to economize as is necessary in the operation of privately-owned and commercial farms.
The Committee ascertained that there were plans and efforts in some de partments operating the institutional farms to discontinue the operations of such farms. While the Committee can see some justification for the decision by the department heads and subdepartment heads to discontinue the operation of State institutional farms, the Committee is of the opinion that the State should not divest itself of the land owned by the State on which such farms are operated. Recent publicity in the newspaper and on radio and television in this State greatly emphasized the value that land has increased in Georgia, and the price that the State pays for land in the exercise of eminent domain, particularly when the price of such land is determined by a jury.
FINDINGS:
The Committee is of the opinion that until a better use for such land is ascertained by State authorities that State institutional farms should continue to be operated on such lands. The Committee is of the further opinion that the
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State institutional farms being presently operated should continue to be operated until such time as the land on which such farms are being operated is utilized for other purposes by the State or until such time as the operations of such farms are transferred to another agency of the State Government or until the discontinuance of the operations of such farms is authorized by law.
The Committee is of the further opinion that the present laws relative to State institutional farms should be revised so as to authorize State institutional farms to be transferred to one State department or agency wherein an interfarm program could be established, maintained and carried out.
RECOMMENDATIONS:
The Committee recommends the following:
1. That the State institutional farms presently being operated by the several State departments continue to be operated until:
(a) Such time as the land on which such farms are being operated is utilized for other purposes by the State,
(b) Such time as the operations of such farms are transmitted to another
agency of the State Government, or (c) The discontinuance of the operations of such farms is authorized
by law.
2. That the laws of the State of Georgia relating to State institutional farms be amended or revised so as to:
(a) Create a State Institutional Farms Division within the Department of Agriculture,
(b) Provide for a Commission on State Institutional Farms,
(c) Provide for a Director of State Institutional Farms under the super vision and direction of the Commissioner of the Department of Agriculture,
(d) Authorize the Commission to authorize and approve the transfer of State institutional farms to the State Institutional Farms Division,
(e) Authorize the Director of said Division to cooperate and render advice in the operation of State institutional farms presently operated until such time as they are transferred to the Division, and
(f) Authorize the Division to operate the State institutional farms.
CONCLUSIONS:
There is hereto attached, marked Exhibit "A", a bill creating within the Department of Agriculture for the State of Georgia division to be known as the State Institutional Farms Division. This bill is being submitted with this report in order that those reading this report may also read the bill. The Committee
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invites comments relative to said bill and for suggested changes therein. The bill has been drafted in an effort to carry out recommendations numbered 1 and 2 of this report.
The Committee urges the members of the 1966 regular session of the General Assembly of Georgia to seriously consider passage of the attached bill.
The Committee would like to express its appreciation to the officials of the State of Georgia 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 assisted the Committee.
The Committee expresses its appreciation to the staff of the Office of Legislative Counsel for its most able assistance.
Respectfully submitted, The House Committee to Study the Utilization of State-Owned Farm Land
A BILL
To be entitled an Act to create within the Department of Agriculture of the State of Georgia division to be known as the State Institutional Farms Division; to create within the Division a Commission on State Institutional Farms; to provide for the composition, appointment, terms, expenses, duties and functions of the Commission; to provide for a Director of State Institutional Farms under the supervision and control of the Commissioner of Agriculture; to provide for the appointment, compensation, duties and powers of said Director; to provide the duties of the Commissioner of Agriculture in conjunction therein; to provide for reports of activities; to provide upon the approval of the Commission any agency operating a farm shall be authorized to transfer the operation of such farm to said Division under such conditions as the controlling and managment head of the agency operating such farm, and the eommissionr may determine; to provide for the disposition of agricultural products raised, grown, developed, produced, preserved and processed on any such farm; to provide for the procedure connected with the foregoing; to provide for definitions; to repeal specific laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby created within and as a part of the Department of Agriculture of the State of Georgia division to be known as the State In stitutional Farms Division.
Section 2. The following words and phrases as used in this Act, unless a different meaning is required by the context, shall have the following meanings:
(a) "Department" shall mean the Department of Agriculture of the State of Georgia.
(b) "Commissioner" shall mean the Commissioner of Agriculture of the Department of Agriculture of the State of Georgia.
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(c) "Division" shall mean the State Institutional Farms Division of the Department of Agriculture of the State of Georgia.
(d) "Commission" shall mean the Commission on State Institutional Farms created within the State Institutional Farms Division of the Department of Agriculture of the State of Georgia.
(e) "Chairman" shall mean the Chairman of the Commission on Institutional Farms.
(f) "Director" shall mean the Director of the State Institutional Farms Division of the Department of Agriculture of the State of Georgia.
(g) "Agency" shall mean any department, sub-department, board, bureau, commission, division, subdivision, or any other agency of the State government; any county, public authority, subdivision, municipality or other public entity of the State of Georgia or of any county, subdivision, or municipality thereof.
(h) "Agricultural Products" shall mean growing plants, trees, seedlings, fruits, pecan, walnuts or any other nuts, vegetables, cotton, tobacco, grains, seeds, feed-stuffs, animals, fish, birds, bees and any other basic farm crops and all by-products of such agricultural products.
(i) "Farm" or "Institutional Farm" shall mean any parcel of real estate or body of water upon or in which agricultural products are planted, raised, grown, developed, produced, preserved or processed by any agency.
Section 3. There is hereby created within the Division a Commission on Institutional Farms. The Commission shall be composed of the following ex officio members to-wit: Commissioner of Agriculture, Chairman; Dean of the College of Agriculture, University of Georgia; Dean of the School of Veterinary Medicine, University of Georgia; Director of the Agricultural Extension Service, University of Georgia; Director of the Agricultural Experiment Stations, Univer sity of Georgia; and the President of the Abraham Baldwin Agricultural College, Tifton, Georgia. The Commission shall meet upon the call of the Chair man or a majority of the members thereof as shall be necessary to perform the duties of the Commission. The members of the Commission shall serve without additional compensation for their services as members, but shall be reimbursed for actual expenses incurred in the performance of their duties and such funds shall be paid from the funds of the Department of Agriculture. The ex officio members provided herein shall be authorized to designate persons to serve for them as members of the Commission.
Section 4. The Commission shall be authorized to perform the following functions:
(a) Recommend persons to the Commissioner of Agriculture for appoint ment as Director.
(b) Render a report to the General Assembly and the Governor annually on the operations of all the institutional farms of the State and on improvements which might be made in these operations.
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(c) Render reports to the agencies from time to time on the status of their farm operations and on improvements which might be made in these operations.
(d) Confer with and give counsel to the Commissioner on how he can most effectively effectuate the provisions of this Act.
(e) Assist, when requested by the Commissioner, in obtaining specialists needed to effectively effectuate the provisions of this Act.
(f) Promote close, cooperative working relationships between the Division and the State agencies operating institutional farms and between the Commis sioner and the State Supervisor of Purchases.
(g) Recommend personnel to be employed in farm management positions, but only upon request of an agency operating an institutional farm for such recommendations.
(h) Authorize and approve the transfer of any farm or institutional state farm operated by any agency from such agency to the Division under such conditions as the controlling or management head of the agency operating the farm or institutional farm and the Commission may determine.
Section 5. There shall be a Director of the Division. Any person, in order to be eligible for employment as the Director, shall be of personal good moral character, at least 30 years of age and be professionally qualified in agricultural management. Qualifications of the Director, as provided herein, are minimum qualifications and the Commissioner is hereby authorized to prescribe additional qualifications as he may deem advisable. It shall be the duty of the Commissioner to appoint a Director of the Division from the persons recommended by the Commission. No person shall be appointed director unless he shall have been recommended by the Commission. Upon appointment, the Director shall serve under the supervision and control and at the pleasure of the Commissioner. The Director shall be compensated in an amount to be determined by the Commissioner. The Commissioner shall have authority to reject nominations. In such an event, it shall be the duty of the Commission to make additional recommendations satisfactory to the Commissioner.
Section 6. Under the supervision and control of the Commissioner, it shall be the duty of the Director to:
(a) Furnish information to all agencies of this State operating institutional farms relative to ways, means, methods and recommendations of improving the operation of such farms so as to enable the State to realize the maximum benefit from the operation of such farms.
(b) Cooperate with all agencies of the State operating institutional farms in advising such agencies of ways and means to improve the operations of the farms. To this end, the Director is authorized upon request of the agency to evaluate existing operations of the farms and to recommend methods of improve ment. The Director shall serve in an advisory capacity to the governing au thorities of other agencies operating institutional farms and shall have no authority to govern or interfere with the operation thereof except upon the request of such governing authority.
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(c) Work closely and continuously with each of the State agencies having institutional farms to bring about more efficient and economical farm practices: (1) through utilizing to the maximum extent feasible the potentialities of the farms; (2) through processing the products of the farms in the most advantageous manner; and (3) through securing the best distribution of the products of the farms to institutions of the State and to other State agencies requiring these products.
(d) To arrange for assistance to the institutional farms by specialists from the staff of the University of Georgia's College of Agriculture and from other agricultural schools and agencies, including consultation visits, demonstrations, analyses and experimentation projects.
(e) To promote the use of institutional farms for experimentation purposes, where it is mutually agreeable between the agencies and the College of Agricul ture of the University of Georgia.
(f) To work closely with the agencies and the State Supervisor of Purchases to insure that products of an institution's farm which are surplus to the needs of that institution or agency are utilized by other institutions and agencies of the State, with inter-agency payments or credits for goods received--special care to be exercised that processed foods measure up to required specifications.
(g) To promote inter-farm and inter-agency use of equipment, machinery and facilities.
(h) Supervise and control any farm operated by the Division.
(i) Perform such other duties as may be prescribed by the Commissioner.
Section 7. Upon authority and approval of the Commission, any agency operating a farm or institutional farm shall be authorized to transfer the operation of such farm or institutional farm to the Division under such condi tions as the controlling or management head of the agency operating such farm or institutional farm and the Commissioner may determine.
Section 8. After such transfer is effectuated, the operation of such farm shall be under the full and complete supervision of the Commissioner.
Section 9. The Division shall be authorized to operate additional farms as may be provided by law.
Section 10. The Commissioner shall determine the agricultural products to be raised, grown, developed, produced, preserved or processed on any farm operated by the Division.
Section 11. The State Real Properties Control Commission, created pursuant to an Act approved February 21, 1964 (Ga. Laws 1964, p. 146) is hereby au thorized to authorize the Division to operate a farm upon any property under his jurisdiction.
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Section 12. Agricultural products raised, grown, developed, produced, pre served, or processed on any farm operated by the Division may be disposed of in the following manner:
(a) To the several departments, bureaus, boards, commissions and othr agencies of the State of Georgia,
(b) To the boards of education of the several school systems of the State of Georgia,
(c) To the governing authorities of the several counties and municipalities of the State of Georgia, and
(d) To agencies of the federal government.
Notwithstanding the other provisions of this Section, the Commissioner of Agriculture is hereby authorized to enter into reciprocal agreemnts with other states for the exchange of agricultural products. The agricultural products re ceived by the Commissioner pursuant to such agreements shall be used only in the public institutions of this State.
Section 13. In the operation of the Division, the Commissioner shall be au thorized to initiate and carry on any program authorized by the State or fedral government.
Section 14. The Division is hereby authorized and empowered to rcive, accept, hold and use on behalf of the Division and for purposes provided in this Act, gifts, grants, donations, devises and bequeaths of real and personal proD-rty of every kind and description; provided, however, the Commissioner shall have the authority to reject any such gifts, grants, donations, devises and bequeaths.
Section 15. The Division is hereby designated and empowered as the agency of this State to apply for, receive and administer appropriations, grants and donations for the purpose of operating farms and any program carried thereon on such farms from the federal government and from any of its departments, agencies and instrumentalities and from any other sources in conformity with law, and the Commissioner shall have the authority to use such appropriations, grants and donations for the purposes for which such funds were received.
Section 16. Any funds appropriated to the Department of Agriculture, not otherwise allocated, and any specific funds appropriated to the Division may be expended by the Commissioner for the purposes provided in this Act.
Section 17. Budget authorities of this State are authorized to make available to the Division or Department funds to cover the costs incurred by virtue of performing the provisions of this Act.
Section 18. It is hereby declared the legislative intent of this Act that all net funds realized from the operation of the institutional farms as authorized by this Act shall be appropriated to the Department for the use by the Division in accordance with applicable budget procedures.
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Section 19. An Act entitled "An Act to create within the Department of Agriculture the office of Advisor to State Institutional Farms under the supervision and control of the Commissioner of Agriculture; to provide for the duties, compensation, powers and authority of the advisor; to provide an advisory committee, its composition, powers, duties, and compensation; to provide the duties of the Commissioner of Agriculture in conjunction herewith; to enumerate the duties of the advisor and the procedure connected with the exercise of the performance of such duties; to provide for reports of activities of the advisor; to repeal conflicting laws; and for other purposes.", approved March 7, 1960 (Ga. Laws 1960, p. 783), is hereby repealed in its entirety.
Section 20. All laws and parts of laws in conflict with this Act are hereby repealed.
December 28, 1965
TO: HONORABLE PETER ZACK GEER Lieutenant Governor HONORABLE GEORGE T. SMITH Speaker, House of Representatives MEMBERS OF THE GENERAL ASSEMBLY
We are pleased to submit the report of the Senate Study Committee on Industrial Development.
Respectfully submitted, /&/ Michael J. Padgett
Chairman Senator, 23rd District
REPORT OF THE SENATE STUDY COMMITTEE ON INDUSTRIAL DEVELOPMENT
This committee was created pursuant to the authority of Senate Resolution 86 for the purpose of investigating ways and means of promoting the industrial expansion of the State of Georgia. Lieutenant Governor Peter Zack Geer ap pointed the following members of the Senate to the committee: Honorable Michael J. Padgett, Senator of the 23rd District, Honorable Oliver C. Bateman, Senator of the 27th District, Honorable Frank E. Coggin, Senator of the 35th District, Honorable Joseph E. Loggins, Senator of the 53rd District and Honor able Robert A. Rowan, Senator of the 8th District. Senator Padgett was elected chairman and Senator Bateman secretary.
INVESTIGATION OF THE COMMITTEE:
At the committee's early organizational meeting, the committee devised a program whereby the committee would attempt to contact in their local areas as many industrial leaders throughout the state as possible. To accomplish this end the committee held public hearings in several of the state's principal industrial areas. It was felt by this means that the committee could best ascertain the consensus of our state's industrial leaders as to the problems which they were facing and would be able to best solicit from them their recommendations
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and suggestions for possible solutions to their problems. After having conducted several of these hearings, it is the opinion of the committee that this approach to the problem met with a great deal of success and the committee was pleased to have personally been in contact with many of the industrial leaders located within this sate which they might not have been able to personally contact and communicate with if hearings and the committee's work were conducted at the State Capitol alone.
FINDINGS OF THE COMMITTEE:
At each and every one of the hearings held by the committee, the principal complaint and problem mentioned by those closely connected with the industrial development movement in this state was the sales tax and its resultant deter rents to the industrial expansion of this state. In addition to discussing the sales tax problem with the industrial leaders, the committee met on several occasions with the State Revenue Commissioner and his assistants in regard to this particular item.
One of the most vital needs which an industry considers in its initial location in this state and while considering expansion plans is the labor supply which will be available to it in order to meet a particular industry's needs. While it is true that in the State of Georgia the man power resources are almost limitless, it is equally true that there is a critical shortage of skilled industrial workers which are available to fill the higher paying positions in industry. For many years now those concerned with the educational movement in our country have placed emphasis upon the need that our youth be trained in an atmosphere which will equip them to seek higher educational opportunities in our colleges and universities. While the committee appreciates the significance and importance of this emphasis, the committee has been impressed with the need that there are many, many of our school children who do not possess the intellectual and financial resources necessary to enable them to seek a college or university education. For these individuals the committee strongly recommends that our educators, through vocational guidance, provide an avenue for the direction of these students toward a vocational or technically orientated education, thus enabling those individuals who cannot obtain a college education to equip them selves with the necessary skills to earn an adequate livelihood for themselves and their families.
It was brought to the committee's attention that the timber and naval stores industries of this state are basic industries. However, because of the increasing disadvantages which the present system of taxation on forest lands places upon the timber grower, Georgia will soon be faced with a dwindling forest products industry. This committee, while having been acquainted with a surface knowledge of this complex problem, is aware that a special committee of the State Senate was appointed by the Lieutenant Governor and charged with the specific re sponsibility of investigating this area. The committee feels that special attention should be given by all members of the General Assembly to the forthcoming report and recommendations of this committee in order that the members of the General Assembly might equip themselves with sufficient knowledge in an attempt to meet and solve this vexing problem.
The Department of Industry and Trade is that department within the executive branch of government which is charged with the responsibility of
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coordinating and promoting the industrial and economic growth of the State of Georgia. This department has recently undergone a reorganization and restaffing of personnel. This department is faced daily with many serious and staggering problems in attempting to discharge one of the more far-reaching responsibilities of any department of state government. The committee is pleased with the progress which has been made in the recent past by this department and is impressed with the vigorous and impressive approach which the members of this department have evidenced. However, it is unquestioned that with relatively small additional expenditures of state funds for the purposes of providing ad ditional staff and personnel, as well as enabling this department to inaugurate new programs, in the future handsome dividends will be realized on this initially small investment. Toward this end, the committee recommends that the General Assembly make available adequate funds to the Department of Industry and Trade in order that they might carry out and discharge their important re sponsibilities.
It is the opinion of experts in the geological field that the State of Georgia has beneath its soil vast stores of natural resources which possess mineral and geological significance. The development of these resources has not begun to be tapped. The committee is of the opinion that there is an urgent need that a crash program be inaugurated in order that the State of Georgia might realize the benefits which are to be derived from the development of its vast natural re sources. In order to accomplish this, the Department of Mines, Mining and Geology of the state government should be granted adequate funds in order to carry out their responsibilities and an added emphasis of importance should be placed on this heretofore almost ignored department.
EECOMMENDATIONS OF THE COMMITTEE:
The present provisions of the Sales and Use Tax Act in many instances discriminate against existing industries which are located in the State of Georgia. In other instances a great deal of ill will is fostered with industries when the impression is created that exemptions to which the industry feels it is entitled by law are rather arbitrarily denied. In order to eliminate the many complaints and inequities in the Sales and Use Tax Act, this committee feels that nothing short of a complete rewrite of the new machinery exemptions provision of the Act will suffice in order to eliminate these injustices. Toward this end, the committee recommends the adoption of an amendment to the Sales and Use tax Act which will completely eliminate the sales tax on machinery which is used in the manufacture of tangible personal property.
Every day the problem created by the continued and mounting pollution of our streams mounts. Agencies have been created by the General Assembly in order to try to cope with this problem. However, the committee feels that some incentive by the State of Georgia is required in order to encourage and assist industries to make an effort to solve this mounting problem. Toward this end, the committee recommends to the General Assembly the adoption of an amend ment to the Sales and Use Tax Act which will exempt all tangible personal prop erty used in any facility which is constructed or installed for the purpose of reducing or eliminating water pollution.
The committee is impressed with the need for a comprehensive and coordi nated approach to the problem of industrial development. Toward this end,
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the committee recommends that the General Assembly authorizes interim legis lative study committees to function in order to continually acquaint the General Assembly with the problems which arise in this area.
CONCLUSION:
The committee is well aware that several of the recommendations which the committee is making will cause a decrease in the revenues which are received by the state. However, the committee feels it is rather shortsighted to begrudge the foregoing of relatively small sums presently when the long range picture will result in a decided and dramatic increase in the total revenues which will be available to the state and local governments.
Respectfully submitted, /s/ Michael J. Padgett
Chairman Senator, 23rd District
TO: HONORABLE PETER ZACK GEER Lieutenant Governor HONORABLE GEORGE T. SMITH Speaker, House of Representatives MEMBERS OP THE GENERAL ASSEMBLY
We are pleased to submit the report of the House Economic and Industrial Development Study Committee.
Respectfully submitted, /s/ Harold G. Clarke
Chairman Representative, Monroe County /s/ Ray M. Tucker Secretary Representative, Henry County
December 1, 1966
TO: LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRE SENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.
REPORT OF THE HOUSE ECONOMIC AND INDUSTRIAL DEVELOPMENT STUDY COMMITTEE
(House Resolution No. 221)
INTRODUCTION:
This committee was created for the purpose of investigating and examining the present state of industrial and economic development in the State of Georgia
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in order that it might arrive at some conclusions and recommendations for the enactment of legislation which in the opinion of the committee would encourage and promote the industrial and economic expansion of this state. The Speaker of the House of Representatives appointed the following members to the com mittee: Harold G. Clarke, Representative, Monroe County, Chairman; D. B. Blalock, Representative, Coweta County; J. T. Dailey, Representative, Randolph County; Norman B. Doster, Representative, Wilcox County; Hugh Lee McDaniell, Representative, Cobb County; Jimmy D. NeSmith, Representative, Meriwether County; Harry Russell Spikes, Representative, Troup County; Otis Spillers, Representative, Newton County; and Ray M. Tucker, Representative, Henry County, Secretary.
BACKGROUND:
At the present time, the southeastern area of the United States is undergoing and enjoying a revolutionary trend insofar as industrial and economic develop ment is concerned. In the past few years, this area has experienced a phenomenal increase in the number of new and expanded industries which have located in this region of the United States. The resulting increase in job opportunities and related employment has contributed to the striking population increase which is presently being experienced.
The State of Georgia enjoys, for several reasons which will be pointed out hereinafter, a competitive advantage over its sister states located in the south eastern region of the United States. The State of Georgia is geographically lo cated in such a manner as to make it the natural center and hub of the trans portation facilities and communications center of the southeast. Its principal cities, therefore, have become district and regional headquarters, as well as principal distribution centers for many business concerns. This results in a decided advantage in attracting new industries and in encouraging existing con cerns to expand their facilities in the State of Georgia. The State of Georgia is centrally located within a relatively short distance of the principal metropolitan areas of this region of the country. For various other reasons, the State of Georgia has become a natural choice and of prime consideration when any busi ness concern is considering locating new or expanded facilities in the south eastern area of the United States.
The committee has found that Georgia's standing in the economic and industrial competition among the southeastern states has been reasonably good. In the various areas in which this standing can be measured, Georgia's progress has consistently been among the top two or three states in this part of the country. However, the committee is of the opinion that this favorable circum stance may, to a large extent, be the result of the favorable aspects of Georgia's geographic location and Georgia's industrious people, rather than the climate created through statutory enactments. It is rather strongly felt by the committee that, in order for Georgia to continue its progress and climb to the position of leadership it deserves in the field of economic development, it is essential that positive action be taken to project this state into the best possible competitive position. This committee has concerned itself with those aspects which, in ad dition to Georgia's natural advantages, will maintain and improve its competitive position in the southeastern region.
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INVESTIGATION OF THE COMMITTEE:
During the course of the committee's study, the committee consulted with members of the Board of Commissioners of the Department of Industry and Trade and with the Director and staff members of the Department of Industry and Trade. It also conferred in considerable depth with committees of the Georgia Industrial Developers Association, with the Georgia Revenue Com missioner, with representatives of the State Department of Education, with representatives of the Georgia Tech Industrial Development Department and other parties interested in the economic and industrial development of the State of Georgia. To each of the individuals and organizations who have so freely offered their assistance and advice to this committee, deep appreciation is expressed.
CONCLUSIONS:
After numerous conferences with persons and organizations who deal with the business of industrial development, the committee felt that several basic problems urgently need corrective action. Among the problems specifically found by the committee are the following:
1. The need for topographic mapping of the entire State of Georgia.
2. The need for a comprehensive geological survey of the State of Georgia.
3. The need for additional means of financing new industries.
4. The need for a Statewide Business Development Corporation.
5. The need for expanded industrial oriented vocational training.
6. The need for liberal interpretation of the sales and use tax statutes of this state as they relate to manufacturing and processing equipment.
7. The need to abolish the ad valorem tax on personal property held as inventory for manufacturing, processing or distribution.
8. The need for increased emphasis on economic growth by all segments of the state government.
Topographic Mapping
With regard to topographic mapping, this committee has found that it is essential that appropriate sites be located immediately for industries interested in establishing plants in Georgia. The availability of adequate sites is often an absolute unknown factor as circumstances now exist. Statewide topographic mapping would be a tremendous step in solving this problem and would be an effective tool in attracting new industrial facilities to this state. It is the general concensus of those concerned with the problem that topographic maps of
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potential location sites are an indispensable item when discussing with prospective developers their location in this state. It is projected that under a ten-year program, the present areas which have already been topographically mapped can be brought up to date and the remaining unmapped portions of the state can be topographically mapped. The projected cost of this ambitious program is $10,000,000.00, of which amount the federal government will bear one-half of the cost.
Geological Survey
Information coming to this committee indicated the distinct possibility of considerable wealth existing beneath the surface within the boundaries of the State of Georgia. This wealth unfortunately has for generations remained un tapped as a result of lack of sufficient research and the knowledge which could be obtained thereby. For this reason, it is the feeling of the committee that the geological resources, their discovery, acquisition and exploitation are most closely tied with the movement of this state to enhance its position in the field of economic and industrial development. There is, therefore, an urgent need for a comprehensive geological study to be instituted at the earliest possible date.
Additional Means of Financing
Many of the counties in the State of Georgia have already ratified local constitutional amendments establishing industrial revenue bond authorities for the puropse of financing new industrial plants. Financing through this means is a tremendous attraction to a prospective industry. However, at the present time there is not available on a statewide basis a means for providing authoritytype bond financing for industrial promotion. The committee feels that it is essential that the Constitution of the State of Georgia be amended so as to allow any county or municipality to create an industrial revenue bond authority without amendment to the Constitution.
Statewide Business Development Corporation Act
At the 1965 session of the Georgia General Assembly, a very important Statewide Business Development Corporation Act was introduced and passed by the General Assembly. This legislation will prove most advantageous to the State of Georgia in promoting its industrial and economic growth. Because it was thought that the terms of this legislation would perhaps place this cor poration outside of the control of certain agencies and departments of the state government, the bill did not become law. If the objections which prevented its enactment into law are eliminated, such a corporation can prove to be of in valuable aid as a tool in the hands of the proper individuals.
Expanded Industrial Vocational Training
During the course of the committee's deliberations, conferences were held with representatives of the State Department of Education concerning the training
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opportunities being offered to Georgia's people relative to industrial employment. It became quite clear as these discussions developed that the availability of adequately trained personnel is one of the greatest attractions to any industrial plant seeking a new location, so much so that it may well be that Georgia's place in the economic sun is dependent upon the development of a labor force capable of performing the tasks of modern industry. The committee was im pressed with the progress made along this line, particularly with regard to the area vocational training schools, and more particularly, the personalized engineer ing program. An impressive start has been made in the direction of equipping the labor force with the skills necessary to attract sophisticated and high-paying industrial plants. It is, of course, however, only a start and the need for greater effort in this direction expands each day.
Sales and Use Tax Statutes
Many of the persons appearing before this committee indicated that they faced a problem in the field of industrial development as it relates to the sales and use tax upon industrial equipment bought or brought into this state. Of course, the statute providing for certain exemptions from this tax was enacted only a brief time ago. It is the feeling of this committee that experience is now being gained to provide the type of interpretation of this statute which can make Georgia competitive with his sister states.
Abolition of Ad Valorem Tax
There are indications that there are a number of large facilities which have failed to locate in Georgia in recent months as a result of the ad valorem tax levied upon personal property held as inventory for manufacturing, processing or distribution. The committee feels that there is a very real need for Georgia to put itself in a position of being able to successfully compete with its neighbor ing states. In order to compete sucessfully, the Constitution of this state should be amended so as to allow the General Assembly to provide for a classification of such personal property. The committee is cognizant of the fact that this could result in a revenue loss to some of the political subdivisions of this state. How ever, the committee also feels that there would be a long-term gain which would more than outweigh such loss.
Increased Emphasis on Economic Development
The deliberations of this committee have resulted in a feeling of its members that the State of Georgia may now be facing a crossroads insofar as economic progress is concerned. It is the committee's opinion that the time has now arrived for all agencies of the state government, along with all private individuals and firms in this state, to place the very highest priority upon the job of selling Georgia's story to the nation in order that this state may climb to a position of pre-eminence among the states of the union.
In addition to the need for every branch and department in the state govern ment to place increased emphasis on economic development, there is a very real
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need for improved communications between various state agencies in matters re lating to the economic growth of Georgia. Some progress is already being made in this direction, but much is yet to be done. It is the feeling of this committee that great good could be accomplished by the appointment of an official of the Revenue Department to serve as a liaison officer between this department and the Department of Industry and Trade. Such official should have the knowledge and authority to give answers on matters involving taxation of industrial pro spects. He should also be available to participate in the recruitment of industry. It is strongly felt that such an arrangement could lead to the shaping and ad ministration of Georgia's tax statutes so as to provide for greater growth of the economy without sacrificing the revenue needs of the state government. A similar liaison officer between the Department of Labor and the Department of Industry and Trade would also be helpful.
RECOMMENDATIONS:
Based upon the conclusions and findings of the committee, this committee recommends:
1. That funds be made available as quickly as possible to the Department of Industry and Trade to secure the topographic and geological mapping of the State of Georgia;
2. the enactment of a Statewide Industrial Development Bond Law;
3. the enactment of a Statewide Business Development Corporation Act similar to that passed at the 1965 session of the General Assembly with the objections which were raised thereto eliminated;
4. that the Department of Mines, Mining and Geology be abolished and that the duties and responsibilities of this department be transferred to the Department of Industry and Trade, as a division of that department, and that its activities be expanded in order that a comprehensive study of Georgia's resources be carried out;
5. that the sales and use tax statute be administered with a view toward the industrial development of this state;
6. that the Constitution of the State of Georgia be amended so as to provide for the classification of tangible personal property held as inventory for manufacturing, processing or distribution;
7. that the industrial oriented program of vocational education be expanded as rapidly as possible with a view toward preparing the people of this state for a modern-day economy;
8. that officials be named in the Department of Revenue and the Department of Labor to serve as liaison officers to the Department of Industry and Trade; and
9. that future Speakers of the House of Representatives of Georgia recog nize the continuing nature of the problems of the economic development and
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appoint appropriate interim committees for the purpose of studying and offering solutions to these problems.
Respectfully submitted,
/s/ Harold G. Clarke Chairman Representative, Monroe County
/s/ Ray M. Tucker Secretary Representative, Henry County
/s/ D. B. Blalock Member Representative, Coweta County
/s/ J. T. Dailey Member Representative, Randolph County
/s/ Norman B. Doster Member Representative, Wilcox County
/s/ Hugh Lee McDaniell Member Representative, Cobb County
/s/ Jimmy D. NeSmith Member Representative, Meriwether Co.
/s/ Harry Russell Spikes Member Representative, Troup County
/s/ Otis Spillers Member Representative, Newton County
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 THE HOUSE INDUSTRIAL SAFETY STUDY COMMITTEE
THE COMMITTEE
Honorable W. Jones Lane Representative, Bulloch County Chairman
Honorable George T. Bagby Representative, Paulding County Vice Chairman
Honorable Hugh Lee McDaniell Representative, Cobb County Secretary
Honorable Harry D. Dixon Representative, Ware County
Honorable Thomas T. Irvin Representative, Habersham County
Honorable Jimmy D. NeSmith Representative, Meriwether County
Honorable H. Walstein Parker Representative, Screven County
Honorable Henry L. Reaves Representative, Brooks County
Honorable Harry Russell Spikes Representative, Troup County
December 20, 1965
INTRODUCTION:
Pursuant to the authority granted in House Resolution No. 221 on November 4, 1965, the Honorable George T. Smith, Speaker of the House of Representatives,
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created an interim legislative study committee for the purpose of studying in dustrial safety.
The following members of the House of Representatives were appointed to serve on the Committee:
Honorable George T. Bagby Representative, Paulding County Honorable Harry D. Dixon Representative, Ware County Honorable Thomas T. Irvin Representative, Habersham County Honorable W. Jones Lane Representative, Bulloch County Honorable Hugh Lee McDaniell Representative, Cobb County Honorable Jimmy D. NeSmith Representative, Meriwether County Honorable H. Walstein Parker Representative, Screven County Honorable Henry L. Reaves Representative, Brooks County Honorable Harry Russell Spikes Representative, Troup County
The appointing authority designated Honorable W. Jones Lane, Representa tive, Bulloch County, as Chairman of the Committee, Honorable George T. Bagby, Representative, Paulding County, as Vice Chairman of the Committee, and Honorable Hugh Lee McDaniell, Representative, Cobb County, as Secretary of the Committee.
EXTENT OP STUDY:
The Committee ascertained that the primary purposes of the Committee were to study the problems relating to industrial safety and industrial accidents and to seek ways and means of promoting and insuring maximum safety of all workers in the State of Georgia. The Committee further 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 enumerated 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:
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(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 em ployment conditions that cannot be minutely prescribed by law but must be promulgated 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) pertaining 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 scaffolding, pulleys, hoists 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 enforcement. 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) authorizies the Department of Public Health of Georgia to conduct programs relating to in dustrial 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 related 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 also learned that there were Federal laws and regulations in which certain measures relating to industrial safety were administered and enforced in isolated cases.
Honorable Ben T. Huiet, Commissioner of Labor, Mr. Gus Stark, Director of the Inspection Division, and Mr. T. A. Roberson, Inspector of the Inspection Division, Department of Labor, appeared before the Committee and gave testi-
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mony and supplied pertinent information relating to the jurisdiction of the De partment of Labor in the administration of industrial safety and related laws. They also made certain recommendations which have been included in this report.
Many officials from 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.
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 prinicipally from an inspection and voluntary compliance standpoint.
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 many employers and many employees were not fully covered by the industrial safety laws of the State of Georgia.
FINDINGS:
The Committee finds that we are one of ten states which did not have laws governing the construction, installation, inspection and operation of boilers and unfired pressure vessels. The Committee also found that there are no laws in the State of Georgia relative to hoists, lifts or elevators.
The Committee determined that many of the labor associations and organiza tions, management associations and organizations and management and insurance companies carry on safety programs independent of that resulting from the administering of the laws of the State of Georgia by the officials charged therewith. Testimony has been submitted to the Committee that many industries have spent large sums of money promoting industrial safety, and this Committee commends these industries for the job they are doing in placing emphasis on industrial safety.
The "Civil Rights Act of 1964", Public Law 88-352, enacted by the 88th Congress, 2nd Session, prohibits discrimination in employment because of sex. The Committee ascertained that there were laws of the State of Georgia and rules and regulations promulgated pursuant thereto which were enacted or adopted for the safety of female employees. The Committee is of the opinion that the aforesaid State laws may have been preempt by the "Civil Rights Act of 1964".
RECOMMENDATIONS:
The Committee determined that the purpose for which it was created was broad in scope. The Committee has made as comprehensive a study of the in-
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which it was authorized to function. The Committee also reviewed the reports and findings of previous legislative committees. After careful study and de liberation, the Committee recommends the following:
1. That the Act providing safeguards for workmen, approved March 24, 1933 (Ga. Laws 1933, p. Ill), be amended so that the provisions thereof shall apply statewide, and the Commissioner on his own initiative may cause inspection of construction equipment.
2. That all laws of the State of Georgia relating to industrial safety be amended so that the provisions thereof shall apply statewide.
3. That legislation be enacted making all labor laws in the State of Georgia relative to industrial safety applicable to employers as defined in said laws, when funds are available.
4. That the Department of Labor maintain statistical data relative to industrial accidents that are required to be reported to the Department pursuant to the rules and regulations thereof.
5. 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 ad minister and enforce the present laws relative to industrial safety.
6. That the laws of the State of Georgia and rules and regulations promul gated pursuant thereto relating to female employees remain as presently enacted or adopted until such time as the same are legally invalidated.
7. That the Georgia Municipal Association and the Association, County Commissioners of Georgia, study the rules and regulations concerning safety governing excavations, manholes and underground installations.
8. That the Commissioner of Labor under the authority vested in him promulgate the rules and regulations for the installation and operation of hoists and elevators in the State of Georgia.
9. That the Commissioner of Labor set up the rules and regulations per taining to the construction, installation, inspection and operation of boilers and unfired pressure vessels.
10. That a state safety merit award for industrial safety be presented to all companies that promote and practice a good industrial safety program.
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 State of Georgia 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.
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The Committee expresses its appreciation to the Staff of the Office of Legislative Counsel for its most able assistance.
Respectfully submitted, House Industrial Safety Study Committee
/a/ W. Jones Lane Representative, Bulloch County Chairman
/s/ George T. Bagby VRiecpereCsehnatiramtivaen, Paulding County
/s/ HRuepgrhesLeenetaMtivceD,anCioebllb County Secretary
/s/ Harry D. Dixon Representative, Ware County
/s/ Thomas T. Irvin Representative, Habersham County
/s/ Jimmv D - NeSmith Representative, Meriwether County
/s/ H- Walstem. Parker Representative, Screven County
/s/ Henry L. Reaves Representative, Brooks County
/s/ Harry Russell Spikes Representative, Troup County
December, 1965
REPORT OF THE LOCAL GOVERNMENT AND REVENUE STUDY COMMITTEE
(House Resolution 240)
INTRODUCTION
The Local Government and Revenue Study Committee was created by House Resolution 240 adopted at the regular 1965 Session of the General Assembly of Georgia. The Committee is composed of members of the House of Representa tives, the Senate and non-legislative members. The members are as follows.
Representative George T. Smith Representative George D. Busbee Representative Maddox J. Hale Senator Frank E. Coggin Senator Hugh M. Gillis Senator John T. McKenzie Randolph Medlock, representing municipal government William P. Trotter, representing county government Clifford M. Clarke, Jr., representing management Harry Bexley, representing labor Terry P. McKenna, state-at-large member H. Oliver Welch, state-at-large member
At the organizational meeting, Speaker George T. Smith was elected Chair man, Senator John T. McKenzie, Vice-Chairman, and Mr. H. Oliver Welch, Secretary.
The Resolution creating the Committee provides as follows concerning the purposes for which the Committee was created and the areas of its study:
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"The Committee shall study the general functions of each level of local government, and their relationship to State government, and to each other. It shall study and seek methods and additional approaches relative to further defining the proper functions and responsibilities of each level of govern ment, and the proper allocation of existing sources of revenue to achieve maximum return on each revenue dollar. The Committee shall make recom mendations for any additional study it thinks might be needed relative to any area of intergovernmental relationship concerning increased cooperation and efficiency between governmental units. The Committee is authorized to review the existing laws relating to procedures for budgeting, accounting, auditing and financial reporting of local governments and may make recom mendations for improvements in the standardization of minimum require ments therefor. The Committee may study methods by which the State might assist local governments in the area of financial responsibility. The Committee is also authorized to study the fields of taxation with a view to wards making recommendations as to the advisability and feasibility of making a more detailed study relative to the revision of the revenue laws of this State as applied to the State and local governments."
The Committee met on numerous occasions and Subcommittees and individual members made specific studies, reporting to the entire Committee. Various organizations and individuals were most helpful to the Committee, and a great wealth of material, data and other information was obtained for the use of the Committee. The Committee wishes to express its appreciation to the following persons who very generously gave of their time and efforts and appeared before the Committee:
L. L. Ecker-Racz, Assistant Director, Advisory Commission on Intergovernmental Relations Sam Callaway, City of Atlanta, Board of Tax Assessors Tom I. Sangster, Director, Property and Intangibles Tax Unit, State Revenue Department W. Elmer George, Georgia Municipal Association James Burgess, Jr., George Municipal Association Hill Healan, Association of County Commissioners of Georgia Robert G. Worden, Associated Industries of Georgia
FINDINGS
I.
Basic Functions and Responsibilities of Local Governments
It is reported by the 1960 Census of Poulation that almost two-thirds of the population of the United States resides within 212 metropolitan areas. These 212 highly urbanized areas have grown at the rate of 26%, while the remaining areas of the country have grown at the rate of 1% between the years 1950 and 1960. These areas accounted for 84% of the nation's total population growth during the 1950-1960 decade.
A similar and even more extreme growth pattern is found in Georgia. Population of urban areas increased at the rate of 39.8% while non-urban areas
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experienced a 6.5% loss during this 1950-1960 decade. In 1940, rural areas accounted for almost 60% of the state's total population; in 1960, urban areas claimed almost 60% of the state's total population.
It is estimated that by 1976 the population of the United States will be 230,729,000. It is estimated that by 2000 the population of the United States will be 351,070,000 and, of this number, 80% will live in urban areas.
This rapid population change, related to increasing emphasis on industrial employment, has caused profound problems for our rural counties and small municipalities, as well as for the large urban areas.
The hope of survival of many of our rural counties and small municipalities depends on efficient functioning of basic governmental processes. This relates to individual responsibility and intelligent coordination and cooperation between entities of government and a board and flexible tax base.
This rapid urbanization is changing many of the traditional concepts of the proper role of local government in our state's political, social, and economic life. Once it was popular to make distinctions between cities and counties according to the legal relationship to the state. The county was considered the basic sub division of the state with responsibility for the performance of governmental functions of particular statewide interest, such as administration of justice, health and welfare law enforcement, etc. The city has been a special kind of unit of government created by the general assembly at the request of the local community and charged with the performance of a variety of basic functions and services required because of greater densities of population or mass people. These municipal services have normally included fire protection, police protection, public water supply, sewer systems, etc.
As greater urbanization has taken place, the purely legal distinction between municipal and county government has undergone a practical change because both levels of government have been called on to perform a variety of additional and new services. The result has been a general overlapping of functions and responsibilities and duplication of authority in many areas of the state.
As our local governments have responded to rapid urbanization, there have been many costly and critical developments. Differing and varying service policies between counties and cities have resulted in an imbalance between distribution of services rendered by different governments and the revenues necessary to finance these services. Often there is little relation between place of domicile and usage or consumption of services, including an unnatural spread of industrial properties and resources.
The inequitable and competitive service arrangements in fringe areas result in a serious deterrent to orderly growth and development of the state. The lack of adequate planning, zoning, and subdivision regulations in unincorporated areas results in uncontrolled development which sprawls in all directions and which places an extreme fiscal burden on governmental units attempting to furnish required services.
These developments complicate the structure of local government in Georgia so that the citizen cannot easily determine the appropriate units of government to which he is obligated and from which he may obtain basic services and protection.
CLARIFICATION NEEDED:
The basic functions and responsibilities of municipal and county government
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in Georgia need to be clarified in terms of their respective roles of best serving citizen needs. The city is a necessary part of the county; and, because of its economic position it is generally the county's main tax base. Now is the time to open up positive lines of communication between municipal and county govern ments and to differentiate between their basic functions. Therefore, the need for cooperation between counties and municipalities should be studied in order to provide the highest and most efficient level of service in respective areas of responsibility.
There is a basic difference in responsibility between counties and municipali ties. It is important that this difference be clearly understood in approaching any solution to the critical problems of providing local government services. Basically, county revenues should defray the cost of the traditional county-wide services, while municipal revenue should support the basic municipal services necessary to meet the needs of people living in densely populated areas.
The purpose of a municipal corporation is to provide services on a cooperative basis which would be too expensive to provide on an individual basis. The munici pality is a proven innovation for providing high levels of service at a reasonable cost under the principle that cost of municipal type services, particularly utilities, is a measure of distance and mass or population density. Municipalties are gen erally close bound communities thus allowing further division of labor and specialization. Under normal conditions, the unit cost of services drop as popula tion density rises.
Distoration of this distance and mass principle increases the individual service cost to the citizen or customer or results in a lowering of standards or both. This is especially true when water and sewer utilities are provided in sparsely developed areas or in areas far removed from population concentrations. Under such circumstances, it is difficult to provide a satisfactory level of service since the cost to the individual citizen becomes prohibitive.
Therefore, there appears to be little logic in the establishment of competitive basic urban service units or systems in areas adjacent to the natural fringe of municipal corporations, particularly where the municipal corporation is willing and has the ability to render the desired service in the most orderly, efficient, and economical manner. In fringe areas adjacent to municipal corporations, where the adjacent municipality is unable or unwilling to serve, it is recognizable that some other unit of government may be forced into providing services to these areas, however, even in these instances, a basic inequity often results be cause of the lack of sufficient resources and the consequent shift of part of the cost to the municipal resident. Many municipalities which have not assumed basic urban responsibilities in the past should exercise leadership in these areas in the future.
When county governments consider the establishment of urban services, they should evaluate the ability of adjacent municipalities to provide that same service and to possess the ability to extend that same service into the unincor porated urban fringe. County governments should not be called on to underwite individually the sizeable capital investment for basic municipal type services in areas where the adjacent municipality with a minimum of additional investment could provide the same identical service at less cost to the individual taxpayer.
Quite obviously, there is little rationable in a system under which two over lapping levels of government provide the same and identical services in com petition with each other. The result is obvious and expensive duplication of responsibilities and functions and overlapping of services. Therefore, as Georgia
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continues to develop, the basic policy objective of our state should be the provision of a system of local government which avoids unnecessary duplication of services and conflict of authority and responsibility. The development of such a policy on a sound basis requires that the respective roles of municipal and county govern ments in this state be carefully defined and delineated in such manner they will complement one another.
The role of county government is generally area wide in nature. The county serves as a basic arm of state government in provision of functions of statewide interest such as administration of justice, health and welfare, enforcement of law, election administration, roads and highways, and official records, etc. Also, county government is assuming responsibility in many of the new urban services such as parks, playgrounds, recreational areas, airports, hospitals, plan ning, rescue squads, civil defense, as well as county-wide administrative functions such as tax assessment and collection. All of these functions are of a general nature and affect taxpayers regardless of where they live in the county.
Municipal government, on the other hand, should be recognized as the primary unit of government for providing basic high density type services. Such recogni tion is in keeping with the traditional role of the municipality as being an in novation based on division of labor and specialization which results in a decrease in unit cost as population density rises. These services and functions are generally related to greater population densities and normally include such services as police and fire protection, public water supply, sewer system, garbage collection, etc. Provision of these services does not affect all citizens in the county on an equal basis. Thus, the effective provision of these services should not be distorted through the scattered and uncontrolled development of unincorporated urban fringe areas. These services should be provided for on a coordinated, controlled, and orderly planned basis so that the true benefits of the mass and distance formula can be realized, and natural economy preserved.
II.
Local Intergovernmental Cooperation
Local governments have a very broad legal basis for cooperating with each other in the provision of basic urban services. Already, there are hundreds of examples of intergovernmental cooperation between local units of government in Georgia. Cooperation between municipalities, between counties, and between municipalities and counties, is taking place in many functional areas including police protection, fire protection, streets and highways, parks and recreation, libraries, hospitals, airport development, planning, code enforcement, utilities, and in other administrative areas.
The need for further cooperative effort is most apparent between municipali ties and counties in the rapidly developing unincorporated urban fringe areas of our state. One of the most critical needs is that of extending the benefit of planning and zoning into the developed areas adjacent to the municipality. The county and municipality have a basic responsibility in the establishment of com patible planning and zoning regulations within the unincorporated urban fringe.
The extraterritorial exercise of planning, zoning, and subdivision regulation by municipalities should be considered as a means of preventing substandard development around the periphery of individual cities. This would make possible the continued orderly development of the entire urban area.
Another area of cooperation involves the problem of helping municipalities prepare the areas to be annexed for incorporation into the city. Therefore, counties
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and municipalities should be encouraged to cooperate in planning, zoning, sub division regulation, building inspection, and code enforcement, so that wholesale rebuilding of suburban fringe areas when incorporated as a part of the city will become unnecessary in the future.
A third area of cooperation involves the problem of controlling and ad ministering ad valorem taxes. In many instances, there is a great disparity in the assessment of property for tax purposes. This weakens the total tax structure and causes inequity. Consequently, municipalities and counties have a coopera tive responsibility to see that tax assessment and administration are uniform and equitable.
The opportunity for merger of specific functions exists in a number of areas. For example, separate city and county tax assessing departments or boards exist all over the state. Investigation should be made to determine if these separate boards of assessors could be combined into a joint tax assessing board as has been done in Augusta-Richmond County, or in Griffin-Spalding County and others. Under this arrangement, the joint board of tax assessors would determine the value of all land in the county and the city would use the county digest values.
There are many additional areas for further potential local intergovern mental cooperation in Georgia. Municipal and county governmental officials should strive to eliminate the board scale duplication and overlapping of functions and responsibilities that presently exist in many of the state's urban and metro politan areas. Municipalities and counties should continue to work together to achieve maximum cooperation toward the end of coordinating their activities in relation to their basic responsibilities. This approach should eliminate the problem of governmental service competition by counties, municipalities, and special districts and authorities.
III.
Improving Local Government Efficiency
The need for improvement in local government efficiency exists in a number of areas. There is generally the need for development of workable administrative procedures between management, staff, and line functions in local government. Local governments need to be encouraged to make use of many of the more modern techniques and processes of governmental administration. Also, the need exists for the development of sound personnel policies and practices. In many cases, a tremendous opportunity exists for improvement in fiscal procedures, particularly in budget preparation and administration, revenue collection, ac counting, purchasing. Governmental units should take advantage of new tech niques of administration such as the use of EDP and management science.
Planning and Programming
Through sound, long range planning, local government can best organize to meet the pressing demands and needs of citizens for given levels of service. The basic levels of service required for each function should be determined and the local governments should organize to provide that service in the most ef ficient and economical manner. Cost trends for operating services and capital facilities must be analyzed. These processes culminate in the formulation of general community development plans which are implemented through the pro jected capital budget, annual budget, and sound administrative direction and control.
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Many local governments in Georgia do not currently operate under budgets. Consequently, it is impossible for these units to formulate any sort of long range fiscal planning. Local governments should be encouraged to operate under sound fiscal policies which would include the preparation and execution of annual operating budgets and long range capital improvement programs. Such policies would also include centering the responsibility for fiscal control, development of sound accounting and recording procedures, and adequate reporting of public finances.
Local governments have an opportunity to become more prudent through the investment of idle cash balances. Idle funds should be placed in interest bearing accounts or investments. A number of governmental entities use these techniques which result in additional revenue.
At least annually, an official independent audit of fiscal affairs should be conducted with a publication of financial statements.
Operations
One of the most important aspects of local government efficiency is the development of sound operational planning. Improving local government ef ficiency in operation involves consideration of a number of areas.
The responsibility for administration and legislative functions of local gov ernment should be clarified so that it is understood by everyone concerned. Operational policies and procedures of the local governmental unit should be carefully spelled out by ordinance or resolution and codified for easy reference.
The governing authority should require the centralization of administrative authority under its direction so that proper administration of all affairs of the local government can be effectively carried out. Local governments should develop comprehensive personnel policies for the recruitment, selection, retention, and retirement of employees.
Local government departments should be encouraged to develop and follow efficient operational techniques and procedures, including scheduling, use of personnel, equipment and record keeping.
IV.
Local Government Finances
Local government in Georgia is faced with acute financial needs. Most im portant revenue sources have been preempted by the state and federal govern ments with a resulting local emphasis on the property tax. Consequently, the ability of local governments to finance needs operational and capital programs is severely limited.
Current unmet needs of local governments over and above current fiscal sources amount to several hundred million dollars. Two examples are: (1) the increase in local school systems' contribution from 15% to 20% in the next five years, and (2) the problem of water pollution. Local governments in this state are either pre-empted or without authority in several major revenue areas.
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Any consideration of new and potential revenue sources should not be re stricted to local non property tax revenue but should also include possibilities for additional revenue in the area of the property tax.
The property tax is generally in need of repair. Property in the amount of $1 billion is exempt from taxation on a 33 1/3 assessment basis. Expanded to a 100% basis this means that $3 billion in tax exempt property exists in this state. It is unrealistic for the state to mandate exemption from a property tax which the local government has to accept.
RECOMMENDATIONS
Ad Valorem Tax (Property)
There is a need in this state for property tax legislation that the tax asses sors can administer. Uniform assessment should be established throughout the state. Assessment districts should be large enough to support professional assess ment staffs. The state property tax unit should develop and promulgate standards for property tax assessment and administration and should specify qualifications as to assessors. In addition, the property tax unit should publish information on assessment throughout the state.
Consideration should be given to the possibility of using state funds to employ professional tax assessing staffs so that current tax equalization programs can be kept up to date and maintained on a current basis. It is not the purpose of this Committee to recommend an overall increase in ad valorem tax, inasmuch as this field of taxation in most instances has reached the saturation point thereby necessitating looking into other fields for additional revenue to operate local governments. We recommend however that the tax equalization program be continued and expanded as fast as possible in areas where there are no equalization programs.
Ad Valorem Tax (Automobiles and Mobile Homes)
Legislation should be enacted to bring automobiles and mobile homes more properly into the ad valorem tax contributing category by making taxation on such properties more effective from an enforcement and administrative stand point. This can be done by requiring payment of the ad valorem tax on motor vehicles at the time of teg purchase.
Ad Valorem Tax (Inventories)
Inequity in the ad valorem taxation of inventories is recognized. Consideration should be given to the taxation of inventories on the basis of average values, the value added approach, or through some other uniform measure of value.
Gasoline Tax Rebate for Cities and Counties
Presently local governments in Georgia are required to pay a state tax of 6%j# per gallon on motor fuels purchased for their own use. Elimination or re bating of this tax payment is one means whereby the state can help the cities and counties immediately. Legislation to this end should be considered in the forthcoming session of the General Assembly.
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County License Fees and Taxes
At the general election in November, 1964, the people ratified a constitutional amendment providing that the General Assembly may authorize the governing authorities of the counties to assess and collect license fees and taxes from persons, firms, and corporations maintaining places of business in unincorporated areas. Consideration should be given in the forthcoming session of the General Assembly to passage of legislation implementing this constitutional provision so that counties may provide for business licenses in unincorporated areas in the same manner that municipalities now provide for business licenses in incor porated areas.
Real Estate Transfer Tax
Inasmuch as in 1968 the federal government will vacate the field of imposing
taxes on real estate transfers, serious consideration should be given to allowing local governments in this state the benefits of a tax upon the privilege of trans ferring title to real estate.
Continuing Study of Local Government Needs and Fiscal Affairs
Although this Committee has approached its task with dedication and with diligence, it is apparent that far more study of the relationships among local governments and between local governments and the states is necessary.
With ever-increasing urbanization in Georgia, there will exist a need for continuing extensive and intensive examination of fiscal affairs and needs of local government in Georgia. There should be continuing inquiry to determine the effect of varied social and economic changes upon local governments over the next 10 to 20 years. As Georgia continues to witness the revolutionary changes in the economy, social structure, the living patterns, there will have to be a corresponding adaptation of fiscal systems of state and local governments to these changes. Therefore, it is recommended that a comprehensive study be made of the fiscal affairs of local government in Georgia by a committee ap pointed for a two-year period with adequate staff and budgetary appropriation. This commitee should report to the 1967 and to the 1968 sessions of the General Assembly.
The objectives and general considerations of the proposed study would include the following:
1. An examination and appraisal of the fiscal affairs of local government to determine:
a. What have been the financial requirements of such governments during the last ten years;
b. What are the current financial requirements of such governments;
c. What will likely be the financial requirements of such governments during the next ten years.
2. An appraisal of how adequately the revenues produced have met these requirements during the last ten years, are meeting them now, and a forecast
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of the adequacy of existing revenues to meet the requirements of state and local government during the next ten years.
3. A critical examination and appraisal of each tax and other revenue source of state and local government in terms of:
a. Legal basis;
b. Productivity;
c. Equity among taxpayers;
d. Distribution of burden;
e. Flexibility to meet change in economic activity and financial requirements of state and local governments;
f. Administration, including ease of payment and compliance, less evasion and avoidance;
g. Proper relation to total revenue structure.
4. A consideration of the existing financial relationships between state and local government and between local units of governments. This analysis should include:
a. Critical review of intergovernmental fiscal relationships to establish criteria for the provisions of specific services by individual governmental units, and to determine when the provision of such services should be undertaken on a joint basis.
b. Analysis of existing patterns of intergovernmental fiscal relationships to establish standards preventing double taxation, assuring maximum equity, and fostering efficient governmental services.
B. A critical examination of administration of local government to determine if revenues are effectively utilized. This would include studying investment of idle funds, use of effective purchasing procedures, application of electric data processing to local governmental problems, management sciences and similar areas.
6. Consideration of additional sources of local revenue, including taxes that may be levied and administered locally and taxes that may be levied by the state (such as a portion of the sales tax) and returned to counties and munici palities on an equitable basis.
Respectfully submitted, Local Government and Revenue Study Committee
/a/ George T. Smith
/a/ John T. McKenzie
Speaker, House of Representatives Senior, 17th District
Chairman
Vice-Chairman
/a/ H. Oliver Welch Secretary
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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 THE COMMITTEE TO STUDY THE MARRIAGE LAWS IN GEORGIA
(House Resolution No. 221)
THE COMMITTEE
Honorable J. R. Smith Representative, Lamar County Chairman
Honorable David N. Vaughan, Jr. Representative, Bartow County Secretary
Honorable Joe T. Clark Representative, Catoosa County Member
Honorable A. C. Duncan Representative, Fannin County Member
Honorable Carl P. Savage, Sr. Representative, Macon County Member
Honorable Tom O. Watson Representative, Gwinnett County Member
Honorable Hoke S. Wilson Representative, Brantley County Member
December 1, 1965
INTRODUCTION:
The Committee to Study the Marriage Laws of this State was created pur suant to House Resolution No. 221, adopted at the regular 1965 session of the General Assembly of Georgia. The Speaker of the House appointed as members of the Committee: Representatives J. R. Smith, Lamar County, Chairman; Joe T. Clark; Catoosa County; A. C. Duncan, Fannin County; Carl P. Savage, Sr., Macon County; Tom O. Watson, Gwinnett County; Hoke S. Wilson, Brantley County; and David N. Vaughan, Jr., Bartow County, Secretary. The Committee was created for the purpose of studying the marriage laws in Georgia and given ten days in which to complete its study and submit its findings, recommendations and report back to the General Assembly.
THE COMMITTEE'S OPERATIONS:
The organizational meeting of the Committee took place on August 9, 1965, in the State Capitol and the first order of business was to elect David N. Vaughan, Jr., as Secretary. At this meeting the various members expressed their view in regard to the marriage laws as they now exist (see Appendix A). Representative Wilson was appointed a committee of one to investigate the marriage situation in the Counties of Brantley, Charlton and Candler to evaluate how effective the amendments to the marriage laws were. Joel Feldman, Assistant Legislative Counsel assigned to the Committee, was requested to survey the laws of Alabama, Florida, North Carolina, South Carolina and Tennessee and to compare them with
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the laws of Georgia in regard to age of applicants, waiting periods, exemptions and blood tests (see Appendix B). In addition, Mr. Feldman was requested to survey the record of marriages by county for the last several years (see Appendix C). The Committee felt that there was a conflict regarding the effectiveness of requiring a blood test to determine whether the applicant was infected with a contagious form of syphilis, so Mr. Feldman was also requested to contact the State Board of Health and arrange for a representative of that department to appear before the Committee at a later date.
The second and third meetings of the Committee took place on September 522 and 23, respectively. At these meetings, Representative Wilson presented the Committee with his findings relating to marriage in Brantley, Charlton and Candler Counties.
With the exception of the applicants themselves and their families, the persons most directly affected by marriage laws are the ordinaries; therefore, this organization was invited to appear before the Committee and the following ordinaries did appear: Judge Alton W. Tucker, Gwinnett County, Chairman of the Ordinaries Association; Judge T. N. Holcombe, Jr., Lowndes County; Judge Harry Johnson, Floyd County; Judge Bob Rollins, Catoosa County; Judge B. S. Johnson, Charlton County; Judge Eva Collins, Bartow County: Mr. Tom Malone; Honorable Ernest McDonald, representing Judge Eugene Gunby, Fulton County. The group presented the Committee with a prepared statement and then each of the above-mentioned persons was requested to make an individual statement with which they complied, (see Appendix A).
Pursuant to the Committee's request at the September 23rd meeting, Mr. Calvin S. Buchanan, Director of the Venereal Diseases Division of the State Board of Public Health and Mr. Cornelius W. Gates, Head of the Laboratory Division, State Board of Public Health, testified before the Committee and pre sented the Committee with certain findings which their divisions prepared at the Committee's request. These included (1) new cases brought to treatment as a result of premarital blood tests at the Fulton County Health Department, (2) total number of new venereal disease cases discovered during calendar years 1963 and 1964, as well as a breakdown by sex, heritage and disease of these persons dating from July 1, 1963, through June 30, 1965, (3) results obtained from laboratories operating in the "marriage mill" counties for the years 1963 and 1964. Mr. Buchanan also expressed his views regarding the disability of maintaining the blood test requirement as a prerequisite to the issuance of
a marriage license.
This concluded the taking of testimony by the Committee.
FINDINGS:
As a result of the Committee's investigations, the Committee found the following facts regarding the marriage laws in Georgia:
1. The marriage laws of Georgia are comparable with the marriage laws of its surrounding sister states and do not create undue hardships on applicants for marriage licenses.
INTERIM COMMITTEE REPORTS
2795
2. Prior to the 1965 amendments, certain counties could indeed be classified as so-called marriage mills. Examples: According to the 1960 population, Charlton County had a population of 5,313. Yet for the years 1962, 1963 and 1964, re spectively, 4,015, 4,509 and 4,501 marriage licenses were issued in this county, or 500 times as many marriage licenses as another county with approximately the same population. Fulton County, with a population of 556,326 only performed 5,604, 5,879 and 6,154 marriages in the same years. The vast majority of persons obtaining marriage licenses and being married in the so-called marriage mill counties were out-of-state residents who had come to Georgia because of the laxness in Georgia marriage laws and to evade the strict requirements of their own state's marriage laws.
3. The premarital blood test has been ineffective in discovering infectious cases of syphilis. Of the thousands of blood tests conducted throughout the state, a maximum of only one percent resulted in the discovery of a case of infectious syphilis. Further, that the State now requires blood tests prior to the licensing of certain individuals such as food handlers and these blood tests uncover just as many, if not more, cases than the premarital blood tests, and these tests are generally given free at the various county health departments; whereas, prior to the 1965 amendments, the vast majority of premarital blood tests were given by private laboratories and similar facilities at an average cost of $5.00 per applicant's blood test, thus imposing a financial burden of $10.00 for each marriage license issued. Even though the premarital blood test is relatively ineffective in uncovering cases of contagious syphilis, the State Department of Public Health would like for it to remain as a prerequisite to the issuance of a marriage license, for it serves as a very effective educational tool to apprise applicants of the dangers inherent from contagious syphilis and that a simple blood test can easily disclose the presence of the disease before it causes permanent injury or death to the person infected.
4. That underaged applicants may be forced to endure an undue hardship in obtaining parental consent if the parents are separated, divorced, one parent is temporarily out of the state for a sustained period of time or the parents' whereabouts are unknown and the relatives with whom the applicant has been living have never been officially appointed by a court as guardians.
5. That a hardship may result where an underaged female applicant has been proved to be pregnant and her parents refuse to give consent to a marriage even though the prospective father is willing and desires to marry her.
6. That there is a conflict in language regarding persons who have reached their nineteenth birthday but are not yet twenty-one as to whether parental consent is required prior to the issuance of a marriage license.
7. That certain applicants may be married immediately without the expiration of a three-day waiting period.
8. That the present chapter containing the marriage laws is conflicting in parts and confusing to a great extent for any person desiring to investigate the requirements pertaining to the issuance of a marriage license.
RECOMMENDATIONS: Based on the preceding facts, the Committee recommends the following:
2796
JOURNAL OF THE HOUSE,
1. A Bill requiring a mandatory three-day waiting period for all persons. Assuming that this Act would pass, then blood tests can be obtained free at the various county public health departments. Therefore, there would be no advantage in paying a private laboratory to run a blood test for a fee, when applicants must wait three days in all cases.
2. A bill repealing the requirement of a premarital blood test for syphilis.
3. A Bill to repeal the requirement that an underaged female obtain parental consent where she has been proven by the required doctor's certificate to be pregnant, and that the giving of parental consent for all underaged applicants be modified and made more lenient, but not to exceed the purpose of requiring parental consent.
4. And finally, that the entire chapter on marriage laws be rewritten in more simple language so that any person desiring the requirements pertaining to the issuance and granting of a marriage license may easily locate them.
Each of the preceding proposals are attached as appendices to this Committee Report with the exception of rewriting the entire chapter on marriage laws since lack of time prevented more positive action by the Committee on this point.
Respectfully submitted,
/a/ J. R. Smith Chairman
/s/ Joe T. Clark Member
/s/ Carl P. Savage, Sr. Member
/s/ A. C. Duncan Member
/a/ David N. Vaughan, Jr. Secretary
/a/ Tom O. Watson Member
/s/ Hoke S. Wilson Member
A BILL TO BE ENTITLED
An Act to amend an Act, relating to the requirement of a premarital ex amination for syphilis prior to the issuing of a marriage license, approved Feb ruary 25, 1949 (Ga. Laws 1949, p. 1054), as amended, particularly by an Act approved February 25, 1951 (Ga. Laws 1951, p. 674), an Act approved February 15, 1952 (Ga. Laws 1952, p. 217), so as to repeal said law and all amendments thereto in its entirety; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act, relating to the requirement of a premarital examination for syphilis prior to the issuing of a marriage license, approved February 25, 1949 (Ga. Laws 1949, p. 1054), as amended, particularly by an Act approved February 25, 1951 (Ga. Laws 1951, p. 674), an Act approved February 15, 1962 (Ga. Laws 1952, p. 217), and all amendments thereto, is hereby repealed in its entirety.
INTERIM COMMITTEE REPORTS
2797
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
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), an Act approved April 12, 1963 (Ga. Laws 1963, p. 485), and an Act approved March 29, 1965 (Ga. Laws 1965, p. 335), so as to provide for a mandatory three-day waiting period in all instances; to provide that any underage female proved to be pregnant by the physician's certificate need not obtain her parents' consent; to provide definitions for persons able to give parental consent for underage applicants; to change certain language which re sulted in conflicting sections; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 53, known as "Husband and Wife", as amended, parti cularly 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), an Act approved April 12, 1963 (Ga. Laws 1963, p. 485), and an Act approved March 29, 1965 (Ga. Laws 1965, p. 335), is hereby amended by striking the next to last paragraph of Code Section 53-102, relating to persons able to contract marriage and inserting in lieu thereof a new paragraph to 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. Said certificate signed by a physician shall be available for inspection by the par ents 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 Code Title is further amended by striking the second para graph 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 an Act approved March 29, 1965 (Ga. Laws 1965, p. 335), and inserting 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 three days following the application therefor. Any person who issues such license
2798
JOURNAL OF THE HOUSE,
in violation of this paragraph shall be guilty of a misdemeanor and upon con viction thereof shall be punished as for a misdemeanor. Such wilful mis conduct shall constitute malpractice in office."
Section 3. Said Code Title is further amended by striking Code Section 53-204, relating to a 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.
A. In cases where the parties applying for a license have not yet reached their nineteenth birthday, their ages to be proved to the ordinary as here inafter 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 included an affidavit signed by a licensed attending physician stating that said parent or guardian is physically incapable of being present. All applicants who have attained their nineteenth birthday may be married without the consent of the parent or guardian, but in no case shall the three-day waiting period be waived. The licensed attending physician shall include only those physicians licensed under Code Chapters 84-9 and 84-12 or corresponding requirements pertaining to licensed attending physicians in sister states.
B. (1) Parent shall mean both parents if the parents are living together, the parent who has legal custody if the parents are divorced, separated or widowed, or either parent if the parents are living together but one parent is unavailable because of illness, infirmity or not within the boundaries of the State of Georgia, or physical presence is impossible.
(2) Guardian. For the purpose of giving consent for an underaged ap plicant, a guardian shall be held to include the same relationships between spouses as for parents and to mean any person at least five years older than the applicant standing in loco parentis to the applicant for at least two years; or any person at least five years older than the applicant with whom the applicant has lived for at least two years and who has or would be allowed to claim the applicant as a dependent for the purposes of a Federal de pendent income tax deduction; or any relative by blood or marriage at least five years older than the applicant and with whom the applicant has lived at least two years when the whereabouts of the applicant's parents are un known; or court appointed guardian."
Section 4. Said Code Title is further amended by striking in its entirety Code Section 53-206, relating to proof of majority, notice to be posted when parties fail to establish majority, and inserting in lieu thereof a new Code Section 53-206 to read as follows:
"53-206. When the applicant claims that the parties are nineteen years of age or over, the ordinary to whom the application is made shall satisfy himself that the applicants' contention as to their ages is true. If the ordinary does not know of his own knowledge that both parties for whom a marriage license is sought are nineteen years of age, or over, he shall require applicants to furnish birth certificates or baptismal certificates. Upon the ordinary's being furnished such proof, he may issue a license at the expiration of three
INTERIM COMMITTEE REPORTS
2799
days from the time of the application. Applicants who have not yet reached their nineteenth birthday must have the consent of their parents or guardian as specified in Code Section 53-204 prior to their being issued a marriage license unless the underage female is proved to be pregnant as hereinbefore provided or the underage applicants are the parents of a living child born out of wedlock, in which case, parental consent is not required. In no event may a marriage license be issued earlier than three days after the application has been made therefor."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
APPENDIX "A" MARRIAGE LAWS COMMITTEE DRAFT OP AREAS AND PROBLEMS DISCUSSED CONCERNING POSSIBLE REVISIONS TO THE MARRIAGE LAWS
I. Source: Meeting of August 9, 1965.
A. Against Senate amendment to original HB 279 allowing physician to state that, in his opinion, the bride-to-be is pregnant. Should be fact as original ly adopted. (Wilson)
B. There is some evidence that the marriage laws are being violated in regard to the time when a marriage license may be issued. (Wilson)
C. Should have a mandatory three-day waiting period for everyone. (Duncan)
D. There is little value of requiring a blood test. (Savage)
II. Source: Meeting of September 22-3, 1965.
A. Settle the laws concerning marriage in Georgia once and for all. (Holcomb, J.)
B. Disapproved of the section requiring doctor's affidavit to the effect that parents are unable to appear in person. (Holcomb, J.)
C. Opposed to three-day waiting period and should reduce required parental consent from age nineteen (19) to age eighteen (18). (Gunby, J. By Tom Malone)
D. New marriage law makes it too expensive to get married. (Gunby, J. By Ernest MacDonald)
E. HB 279 creates an undue hardship on prospective marriages by young people when their parents are separated and living in different states. (Harry Johnson, J.)
F. Opposed to three-day waiting period. (B. S. Johnson, J.)
G. If a doctor's certificate is presented stating the prospective bride is pregnant, parental consent should not be required. (Collins, J.)
H. Although few syphilis cases are uncovered by premarital blood tests, Venereal Disease Division, State Board of Public Health requests it be retained. (Buchanan, Director Venereal Disease Division). Also request a
2800
JOURNAL OF THE HOUSE,
test for gonorrhea and tuberculosis be required. Unequivocally supports three-day waiting period for everyone and stated that the following or ganizations concur in this opinion:
1. The Ministerial Association 2. State Board of Health 3. Medical Association of Georgia 4. Federation of Women's Clubs
5. Georgia Congress of Parents and Teachers
6. Georgia Department of Public Health
III. Prepared statement by ordinaries.
A. Should require parental consent by only one parent, preferably the father, to approve a marriage, and if the father is unable to be present, a tele phone call by or to him should be sufficient to obtain permission.
B. When parents are physically unable to be present, need only require their proper affidavit rather than also a physician's affidavit to this fact.
C. Where parents are divorced, only the parent having the custody need give consent, or if the whereabouts of the parents are unknown, the relative or guardian with whom the child is living should be sufficient to give consent.
D. Where child is living in Georgia and the parents are living in another state, it should be possible for the parents to give consent to the marriage without requiring them to come to Georgia. This is also true where the parents reside in a different county from the county where the child to be married lives.
E. There should be no parental consent required for underaged parties if the parties have been previously married.
F. Three-day waiting period only for those not yet twenty-one.
G. Need to change the language, "nineteen years or younger. . . " to read: "not yet reached their nineteenth birthday. . . ." under Section 4 of HB 279.
H. Evidence of age other than birth certificate or baptismal certificate should be acceptable such as: draft card or the new driver's licenses.
I. Ordinaries should be given more discretion concerning parental consent, age, and other matters.
IV. Letter from Honorable W. B. Steis, Representative, District 100.
A. Opposed to requiring marriage license to be issued only in the county of the residence of the bride if she is a Georgia resident.
INTERIM COMMITTEE REPORTS
2801
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South Carolina
Section 20 Chapter 2 Article .2
Section 20-24 F--14 M--16
F--14 - 18 M--16 - 18 Parental consent required
Section 36 Chapter 4
Section 36-406 (A), Section 36-407 Both 16
Section 36-408 F - over 18 need only' consent
Section 36-410
Exemptions (Age or Waiting Period)
Section 20-24.5 M & F under 18 if.F is (a) pregnant or (b) borne a child (c) but female's parents' written consent required
Section 36-409 Age or Waiting Period Good cause shown to judge
Waiting Period After ____Application_____
Section 22-22 24 hours
Section 36-406 (C) 3 days
0o0
Blood Test treatment. No specific mention of blood test.
None Required .
i-l
Section 36-406 (B)
O
Section 36-502, 503
Chapter 5
Section 36-501 thru
Section 36-510
F
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ow
INTERIM COMMITTEE REPORTS
2803
MARRIAGE BY COUNTY 1962, 1963, 1964
The total is given for each county, even though the number of marriages is known for 1962 and 1963 only. In addition, the number of divorces and annulments granted by county for 1963 is included. (Addendum: 1964 is also included. There (Source: Department of Vital Certificates and Department of Health) are no figures available for 1965.)
Appendix--Alphabetical list of counties and populations.
*Denotes a county that borders another state.
APPENDIX "C"
Appling _..______.__._____.__ 13,246 Atkinson _____________.___--__ 6,188 Bacon ________________________ 8,359 Baker _________________,,____ 4,543 Baldwin ______________________ 34,064 Banks __________________....._ 6,497 Barrow -_-__._--_.__--_-_----_- 14,485 Bartow __._.______--______ 28,267 Ben Hill _________________________ 13,633 Berrien __________._________..._ 12,038 Bibb ....__________________ 141,249 Bleckley _______________________ 9,642 Brantley ______.__-_____-_-__ 5,891 Brooks ____________________________ 15,292 Bryan _____________________ 6,226 Bulloch ______________________ 24,263 Burke _,,___________,,_____________________ 20,596 Butts ________________________ 8,976 Calhoun ____________________.__._________.,, 7,341 Camden _______.___________ 9,975 Campbell --__________________________________ ---- Candler _______________________ 6,672 Carroll ___________________________________ 36,451 Catoosa ___.________________ 21,101 Charlton ________________________ 5,313 Chatham _____________________________ 188,299 Chattahoochee ____________________._ 13,011 Chattooga _______________________________ 19,954 Cherokee ______..._________. 23,001 Clarke ______.___.._____ 45,363 Clay ______________...______ 4,551 Clayton .________..______ 46,365 Clinch ______--____.__..... 6,545 Cobb ____________________ 114,174 Coffee ____._____________________________ 21,953 Colquit _____________________ 34,048 Columbia ____._-..___.._______________ 13,423 Cook ______________________ 11,822 Coweta ...________________._ 28,893
Crawford ____________________ 5,816 Crisp -________________________ 17,768 Dade ____________.__,,_.___________ 8,666 Dawson __________________ 3,590 Decatur ___________________..______ 25,203 DeKalb _______________________________ 256,782 Dodge _________________________________ 16,483 Dooly _____________________ 11,474 Dougherty _________.___--_-____,,__,,_ 75,680 Douglas ____________________________________ 16,741 Early __________.__________-_,,____.______.,,__ 13,151 Echols ______________________________________ 1,876 Effingham __________________ 10,144 Elbert __.___._._._____________________ 17,835 Emanuel ____.______,,___________________,,______ 17,815 Evans ___.________-____.,,__,,__,,______________ 6,952 Fannin ____________________________________ 13,620 Fayette ____.____.____._______ 8,199 Floyd ____________.._________.._ 69,130 Forsyth ____.__,,___________ 12,170 Franklin _________________ 13,274 Fulton _________________________ 556,326 Gilmer ______________________ 8,922 Glascock ____________________________ 2,672 Glynn ______.____._._______ 41,954 Gordon ______________.__ 19,288 Grady _____._____________.,,___________.,,________ 18,015 Greene __________________ 11,193 Gwinnett -___ ________._.._- 43,541 Habersham ____________________________ 18,116 Hall _______________________________ 49,739 Hancock _..._..____,,________ 9,979 Haralson __._.______.____-_ 14,543 Harris ____________________ 11,167 Hart ____.____-___-____________ 15,229 Heard _______________________________________ 5,333 Henry ____________________________ 17,619 Houston ___________________________________ 39,154 Irwin _________________________ 9,211
2804
JOURNAL OF THE HOUSE,
Jackson ____._.____,,__________ 18,499 Jasper _-._----------------_------ 6,135 Jeff Davis _._____-.----._______----___ 8,914 Jefferson .--_..__......----_... 17,468 Jenkins ..._._._......_._._.____... 9,148 Johnson .._.___________._._ 8,048 Jones -_.__..._............_____._._ 8,468 Lamar __.._..........____------..._...... 10,240 Lanier --_____--,,--___--_- 5,097 Laurens _________..____...__ 32,313 Lee --------_--___........__..... 6,204 Liberty .................. ........ 14,487 Lincoln ----._._......-.____-.. 5,906 Long _______________________________ 3,874 Lowndes ,,._______________-_.__ 49,270 Lumpkin _______.,,____-_.... 7,241 McDuffie ........_._.._..__--- 12,627 Mclntosh __________________ 6,364 Macon _________________..__.. 13,170 Madison ___-______----__.__- 11,246 Marion ________________________ 5,477 Meriwether ,,.._...._._.__.._ 19,756 Miller ......_.._.._......___._... 6,908 Milton ...._.,,__.____._.._- ---- Mitchell ______..___.......____ 19,652 Monroe ........_.__...____._._.. 10,495 Montgomery _.__._.....--._. 6,284 Morgan ._.......-...__.._....___.._ 10,280 Murray ......_._._-------- 10,447 Muscogee __.._._._.........____. 158,623 Newton ........__._,,_........._._--. 20,999 Oconee _..._.____...._..._...----.. 6,304 Oglethorpe ......__._..__........... 7,926 Paulding ___.,,_______...__. 13,101 Peach __.._--_____-___---- 13,846 Pickens .....__..__._.--._.._...._. 8,903 Pierce ...._...,,..._..._._..__.__---- 9,678 Pike . -.-_._...--_.__._._._._.. 7,138 Polk ___.__.__.__.....____...._-__.. 28,015 Pulaski _.__.___....._....._.__._. 8,204 Putnam ...._______________ 7,798 Quitman _.__,,_.____________._.._... 2,432
Rabun .-.......___.._.._._....._....__......_ 7,456 Randolph ....._.__..........__........_....._ 11,078 Richmond _........_..._........_......_.. 135,601 Rockdale ..-_.....__._......-__.......___ 10,572 Schley _________ ________________ 3,256 Screven ....__.......----_----.._..--.. 14,919 Seminole ......___......_.._.--......_.__...... 6,802 Spalding ________________________ 35,404 Stephens ...___.--._.__.__._...... 18,391 Stewart ......._.-.._..__...._...__......._ 7,371 Sumter _......_._...._..._.__......_-...... 24,652 Talbot -.__-..____._______..... 7,127 Taliaferro ______________________ 3,370 Tattnall .__._......-_....._.__..._..__ 15,837 Taylor______________________ 8,311 Telfair ..__.________.._ 11,715 Terrell _....._--._...___._...._....... 12,742 Thomas _......_.__.-..___.-__..___.._.... 34,319 Tift __________________________ 23,487 Toombs ----...._._..._._....___---- 16,837 Towns __.____________,,_________ 4,538 Treutlen .____...._.._......_.__..___... 5,874 Troup ,,....__...._...__.__.._.....,, 47,189 Turner ___-____.___....______ 8,439 Twiggs ._.__.--....__.._._._......__ 7,935 Union ._.-......_..-....___.__,,....... 6,510 Upson -_____.-.________...... 23,800 Walker _...._....__...-_.._.___....._ 45,264 Walton __________________________ 20,481 Ware ._--_.._............,,--.._--.... 34,219 Warren _........__._..._--.......___.... 7,360 Washington ....__........___.._..._.__.. 18,903 Wayne .__......._..._._._.._--_. 17,921 Webster __________________ 3,247 Wheeler __--------_----__ 5,342 White ______.,,________.____ 6,935 Whitfield ...___________________ 42,109 Wilcox .-- ___._.._______.,,____ 7,905 Wilkes _____________--_ 10,961 Wilkinson __._____.__________ 9,250 Worth ________________.......... 16,682 Total __._._._______.__..___ 3,943,116
APPENDIX "C"
GRANTED
(1960)
1962
1963
1964 1963 (1963)
*Echols
1,876
168
236
298
1
--
* Quitman
2,432
39
45
41
1
--
Glascock
2,672
45
51
41
4
--
Webster
3,247
14
15
27
1
--
Schley
3,256
31
37
36
3
--
Taliaferro
3,370
18
22
31
4
--
Dawson Long *Towns Baker *Clay Lanier *Charlton *Heard Wheeler Marion Crawford Treutlen Brantley *Lincoln Jasper Atkinson Lee Bryan Montgomery Oconee Mclntosh Banks *Union *Clinch Candler *Seminole Miller White Evans Talbot Pike Lumpkin Calhoun Warren *Stewart *Rabun Putnam Wilcox Oglethorpe Twiggs Johnson Fayette Pulaski Taylor Bacon Turner Jones *Dade Pickens Jeff Davis Gilmer Butts Jenkins
INTERIM COMMITTEE REPORTS
(1960)
3,590 3,874 4.538 4,543 4,551 5,097 5,313 5,333 5,342 5,477 5,816 5,874 5,891 5,906 6,135 6,188 6,204 6,226 6,284 6,304 6,364 6,497 6,510 6,545 6,672 6,802 6,908 6,935 6,952 7,121 7,138 7,241 7,341 7,360 7,371 7,456 7,798 7,905 7,926 7,935 8,048 8,199 8,204 8,311 8,359 8,439 8,468 8,666 8,903 8,914 8,922 8,976 9,148
1962
220 32 64 55 52 63 4,015 96 33 30 69 67 1,230 105 30 77 60 72 74 47 59 14 189 119 67 877 251 60 92 70 65 59 55 34 60 83 72 66 68 183 91 85 95 60 95 78 63 2,706 78 88 144 79 63
1963
267 42 71 26 38 76 4,509 113 32 56 73 52 1,561 107 34 71 80 84 65 62 71 65 195 113 74 887 269 71 91 64 56 81 67 24 78 80 74 72 71 208 91 77 67 76 99 78 52 2,918 102 110 172 76 67
1964
105 47 80 41 55 78 4,501 124 29 34 73 83 1,732 178 22 61 77 87 63 71 75 58 198 105 74 1,053 487 96 72 54 56 60 50 31 71 63 56 72 71 219 101 79 86 86 118 67 61 3,362 126 91 218 81 61
2805
GRANTED 1963 (1963)
2
--
11
--
9
--
5
--
4
--
11
--
10
--
2
--
7
--
--
--
5
--
3
--
5
2
6
--
11
--
11
--
4
--
20
--
4
--
14
--
--
--
--
--
10
--
7
--
11
--
14
--
20
--
--
--
8
--
4
--
1
--
8
--
2
--
7
--
11
--
7
--
18
--
10
--
1
--
5
--
24
--
14
--
24
--
8
--
28
1
9
--
1
--
21
1
17
--
10
--
13
--
6
--
16
--
2806
JOURNAL OF THE HOUSE,
Irwin Wilkinson Bleckley Pierce *Camden Hancock *Effingham Lamar Morgan *Murray Monroe Rockdale Wilkes Randolph *Harris Greene Madison Dooly Telfair Cook Berrien Forsyth McDuffie Terrell Chattahoochee Paulding *Early Macon Appling * Franklin *Columbia *Fannin Ben Hill Peach Barrow Liberty *Haralson *Sereven *Hart *Brooks Tattnall Dodge Worth Douglas Toombs Jefferson Henry Crisp Emanuel *Elbert Wayne *Grady *Habersham
(1960)
9,211 9,250 9,642 9,678 9,975 9,979 10,144 10,240 10,280 10,447 10,495 10,572 10,961 11,078 11,167 11,193 11,246 11,474 11,715 11,822 12,038 12,170 12,627 12,742 13,011 13,101 13,151 13,170 13,246 13,274 13,423 13,620 13,633 13,846 14,485 14,487 14,543 14,919 15,229 15,292 15,827 16,483 16,682 16,741 16,837 17,468 17,619 17,768 17,815 17,835 17,921 18,015 18,116
1962
53 78 82 238 2,073 48 65 91 88 307 71 309 67 60 69 69 71 88 177 136 101 74 97 108 255 400 134 111 132 137 44 217 149 164 121 105 1,259 73 657 228 111 130 304 372 185 84 145 151 180 179 253 288 142
1963
69 74 72 220 2,115 54 77 81 88 296 80 286 94 77 66 76 66 93 138 159 117 81 110 140 97 395 131 117 140 149 23 161 181 147 122 115 1,193 77 743 218 109 151 282 429 168 88 176 176 160 126 292 397 167
1964
84 79 94 267 2,483 52 80 103 88 352 74 301 66 74 77 61 69 99 143 147 101 99 98 115 116 418 131 96 156 173 64 214 160 152 128 92 1,047 65 951 262 118 128 277 431 182 85 169 211 204 136 291 423 185
GRANTED 1963 (1963)
7
_
13
--
13
--
24
--
31
--
4
--
3
--
13
--
12
--
4
--
2
--
14
--
15
2
9
--
3
--
19
--
11
--
6
--
14
--
33
--
17
--
15
--
28
--
12
--
7
--
33
--
30
--
24
--
25
1
22
--
12
--
28
1
36
--
10
--
26
--
11
--
36
--
19
--
12
--
26
--
11
--
26
--
23
--
3
--
55
--
28
1
34
--
16
--
31
--
26
--
29
--
24
--
24
1
*Stephens Jackson Washington Gordon Mitchell Meriwether *Chattooga Walton *Burke Newton Catoosa Coffee Cherokee Tift Upson Bulloch Sumter *Decatur *Polk Bartow Coweta Laurens Colquit Baldwin *Ware *Thomas Spalding *Carroll Houston Glynn *Whitfield Gwinnett *Walker Clarke Clayton *Troup *Lowndes Hall *Floyd Dougherty Cobb *Richmond Bibb Muscogee Chatham DeKalb Fulton
INTERIM COMMITTEE REPORTS
(1960)
18,391 18,499 18,903 19,228 19,652 19,756 19,954 20,481 20,596 20,999 21,101 21,953 23,001 23,487 23,800 24,263 24,652 25,203 28,015 28,267 28,893 32,313 34,048 34,064 34,219 34,319 35,404 36,451 39,154 41,954 42,109 43,541 45,264 45,363 46,365 47,189 49,270 49,739 69,130 75,689 114,174 135,601 141,249 158,623 188,299 256,782 556,326
1962
160 167 110 207 202 142 214 164 100 183 2,905 241 228 252 255 188 207 982 265 230 317 377 329 202 529 529 388 350 283 457 320 430 1,761 400 349 480 886 340 494 719 772 612 948 1,282 903 1,857 5,604
1963
155 203 134 199 192 134 202 142 109 224 3,607 205 226 253 209 204 180 836 247 238 320 343 341 170 339 526 403 378 340 533 273 404 1,719 416 409 523 908 382 559 654 823 771 1,002 1,601 1,009 1,926 5,879
1964
165 203 125 220 203 123 206 167 116 213 4,150 248 238 271 226 183 225 938 259 229 324 369 362 183 356 537 421 341 314 525 255 474 1,543 437 444 512 1,021 372 536 739 739 876 953 1,733 1,022 2,024 6,154
2807
GRANTED 1963 (1963)
36
--
31
--
12
1
48
--
35
--
26
--
39
--
38
--
26
--
--
--
44
4
65
--
45
--
49
--
58
--
26
--
53
--
39
--
64
--
46
--
72
1
87
4
78
1
61
--
105
2
63
2
138
--
1
--
138
--
183
--
154
2
19
--
124
--
118
--
92
--
136
--
152
2
136
--
209
2
337
--
369
--
842
1
554
1
837
3
618
1
808
7
1,692
7
2808
JOURNAL OF THE HOUSE,
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTD PRSONS:
REPORT OF THE INTER-AGENCY MOTOR POOL STUDY COMMITTEE
THE COMMITTEE
Honorable Bill Laite Representative, Bibb County Chairman
Honorable James A. Otwell, Jr. Representative, Forsyth County Member
Honorable Howard Rainey Representative, Crisp County Member
January, 1966
REPORT OF THE INTER-AGENCY MOTOR POOL STUDY COMMITTEE
INTRODUCTION:
The Inter-Agency Motor Pool Study Committee was created by the Speaker pursuant to the authority contained in HR 221. The Speaker appointed the fol lowing members to the Committee: Representatives William E. Laite, Jr., James A. Otwell, Jr., and Howard Rainey. Representative Laite was designated Chairman of the Committee.
FINDINGS AND CONCLUSIONS:
The Committee was created to study the possibility and feasibility of estab lishing an Inter-Agency Motor Pool in the State of Georgia.
The Committee interviewed Mr. Wistar T. Jay, Supervisor of Purchases. The interview with Mr. Jay was very informative. The Committee feels that this office is presently purchasing supplies and equipment at competitive prices which are in the best interests of the government and the taxpayers. It was noted, however, that purchases are only made as requested by the respective depart ments.
The Committe visited with Mr. J. E. Doran, Chief of the Motor Equipment Division of the Federal Inter-Agency Motor Pool System. Mr. Doran explained the entire operation of the Federal Inter-Agency Motor Pool System and informed the members of the Committee that the Federal government is presently operating all of its vehicles for approximately 6 cents a mile.
The Committee also interviewed Mr. John 0. Bacon, State Highway Main tenance Engineer, and it was learned from Mr. Bacon that the State Highway Department has initiated a pilot program in one of their divisions whereby equipment is charged out of a pool system on a use basis. This is a voluntary
INTERIM COMMITTEE REPORTS
2809
program and the State Highway Department is to be commended for initiating it.
RECOMMENDATIONS:
The Committee recommends that a voluntary administrative procedure be initiated by the Supervisor of Purchases whereby a record of surplus material and equipment may be listed with the Supervisor of Purchases on a monthly basis and the monthly lists distributed to all other State agencies. The other departments would then have an opportunity to inspect the materials and equip ment on the monthly lists and select such items as may be needed by their respec tive departments. The Committee believes that this on simple voluntary adminis trative procedure would lead to enormous savings and an elimination of needless duplication of purchases.
The Committee did not have sufficient time to fully explore the idea of a central inter-agency motor pool system in Georgia. However, the members of the Committee believe that there is merit to the proposal and recommends that this study be continued.
The information compiled by the Committee has been filed with the Office of Legislative Counsel for use by any committee subsequently created to study the feasibility of establishing a central inter-agency motor pool system in Georgia.
The Committee wishes to express its appreciation to Mr. Wistar T. Jay, Supervisor of Purchases, Mr. J. E. Doran, Chief of the Motor Equipment Division of the Federal Inter-Agency Motor Pool System and to John 0. Bacon, State Highway Maintenance Engineer, for appearing before the Committee and express ing their views concerning the feasibility of establishing an Inter-Agency Motor Pool System in the State of Georgia.
Respectfully submited,
/s/ Howard Rainey Representative, Crisp County Member
/s/ James A. Otwell, Jr. Representative, Forsyth County Member
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERSTED PERSONS:
MINORITY REPORT OF THE INTER-AGENCY MOTOR POOL STUDY COMMITTEE
INTRODUCTION:
I cannot concur with the majority report of the committee in its entirety and therefore as Chairman, I submit this minority report of the Committee.
2810
JOURNAL OF THE HOUSE,
FINDINGS AND CONCLUSIONS:
The Committee in its efforts to determine the feasibility and necessity of
establishing an Inter-Agency Motor Pool in the various agencies of the State of Georgia, interviewed not only those individuals referred to in the majority report but many others. The glaring necessity of such a motor pool is demon strated by the Federal Inter-Agency Motor Pool System which operates passenger vehicles at a cost of six cents (&<f) a mile while the various state agencies of Georgia pay individuals eight (8<) a mile for use of private vehicles, at the same time acknowledging that eight cents (8^) per mile is inadequate to operate a private vehicle, and it has been demonstrated time and time again that State employees claim untraveled mileage at the eight cents (8^) rate in an effort to break even.
The necessity for a Central State Purchasing Agency coordinated with a Central Salvage and Disposal Unit would increase efficiency and decrease ex penditures of tremendous sums of money. At the present time the various state agencies have no coordination between them as to the purchase of heavy equipment nor do they work together in the disposal of the same. An instance developed in the committee investigation where an expensive drag-line was purchased by one state agency while a similar piece of equipment owned by another state agency was located within less than ten (10) miles distance.
The Committee determined that there exists no adequate record keeping systems within the various state agencies pertaining to the disposal of salvage. 'The Committee was advised that the State Highway Department disposes of salvage road equipment through use of a cutting torch and the sale of the scrap resulting therefrom.
It is extremely desirable that immediate steps be taken to implement the majority report recommendation to initiate a voluntary administrative procedure under the direction of the State Supervisor of Purchases to coordinate the purchases of equipment by agencies, to designate surplus equipment and to notify other state agencies of its existence under a coordinated salvage plan patterned after the Federal Salvage System.
It is obvious to the Committee that in many instances state agencies are being detoured from the performance of their primary function by having to concern themselves with the problem of purchasing motor equipment and the subsequent disposal of the same resulting in waste and inefficiency and duplication through out the State.
It is submitted that definite steps be taken towards the creation of an InterAgency Motor Pool in connection with State purchases, allocation of surplus materials, and disposal of salvage equipment.
This minority report is not made in a sense of criticism of the majority report of the Committee but is being submitted to elaborate thereon and broaden the scope of that report.
Respectfully submitted,
/s/ William E. Laite Chairman
Representative, Bibb County
INTERIM COMMITTEE REPORTS
2811
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OF REPRESENTATIVES, MEMBERS OP THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
REPORT OF THE NURSING HOMES STUDY COMMITTEE
THE COMMITTEE
Honorable J. Crawford Ware Representative, Troup County Chairman
,,
. _.
Honorable Truitt Davis
Representative, Heard County
Honorable Carl Colwell Representative, Union County
Honorable Kent Dickinson Representative, Douglas County
Secretary Honorable John W. Acree Representative, Towns County Honorable J. T. Byrd Representative, Walton County
Honorable W. Mobley Howell Representative, Early County Honorable A. Sid Newton Representative, Jenkins County
December 6, 1965
REPORT OF THE NURSING HOMES STUDY COMMITTEE
REPORT
INDEX
INTRODUCTION _.__....__-........,,....__,,..__.___......._.._..____-__..__.___.,,__............______----
EXTENT OF STUDY AND FINDINGS .-..--.-
RECOMMENDATIONS _.,,.,______,,,,________..___.___________._---_-_________,,_____________-.-_________..---.__
ACKNOWLEDGEMENTS ...................._________-.........__._____.___.._.._______._......._.__._.
APPENDIX (Pages 13-39):
EXHIBIT "A"--Code Chapter 88-19 (Georgia Health Code) Regulations of Hospitals and Related Institutions _.___._.____. ______
EXHIBIT "C"--Total Number of Resident Patients and First Admissions and Number of Resident Patients and First Admissions 65 Years and Over Fiscal Years 1961 -1965--Milledgeville State Hospital ___,,__----_----__---_----_-__-_-__
EXHIBIT "C"--Deaths and Discharges, Persons 65 Years Old and Older Fiscal Years 1961 - 1965--Milledgeville State Hospital ______
EXHIBIT "D"--Commentary of Committee of State Officials on Suggested State Legislation of the Council of State Governments
2812
JOURNAL OF THE HOUSE,
Relative to Suggested State Legislation for 1966 Entitled "Nursing Homes."--August, 1965 --.--.__._---.__.___,,_.,,.......__
EXHIBIT "D"--Definitions ______.____._______....___......_............_......,,.........._,,________........
EXHIBIT "D"--Draft of Suggested State Legislation for 1966 Relative to "Nursing Homes" as Approved by the Committee of State Officials on Suggested State Legislation of the Council of State Governments.--August, 1965 ........__...._._..___......___...___.._.
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 NURSING HOMES STUDY COMMITTEE
INTRODUCTION:
Pursuant to the authority granted in H. R. No. 221, on September 10, 1965, Honorable George T. Smith, Speaker of the House of Representatives, created an interim legislative study committee for the purpose of studying the possibility of recommending an Act providing for the licensure and regulation of nursing homes, providing certain requirements with respect to the operation thereof; providing for standards, rules and regulations thereto, and for such other related purposes as the Committee may determine. The following members of the House of Representatives were appointed to serve on the Committee:
Honorable J. Crawford Ware Representative, Troup County
Honorable A. Sid Newton Representative, Jenkins County
Honorable W. Mobley Howell Representative, Early County
Honorable John W. Acree Representative, Towns County
Honorable Truitt Davis Representative, Heard County
Honorable Carlton Colwell Representative, Union County
Honorable Kent Dickinson Representative, Douglas County
Honorable J. T. Byrd Representative, Walton County
Honorable J. Crawford Ware, Representative, Troup County, was desig nated as Chairman of the Committee, and Honorable Carlton Colwell, Repre sentative, Union County, was designated as the Secretary of the Committee.
EXTENT OF STUDY AND FINDINGS:
The members of the Committee first familiarized themselves with the au thority creating the Committee, and then directed its attention to ascertaining the laws of the State of Georgia, and the rules, regulations and standards adopted pursuant to such laws relative to the purposes for which the Committee was created.
The Committee ascertained that the primary responsibility for enforcing the laws of the State of Georgia relative to the licensure and regulations of nursing homes was vested in the Department of Public Health. Presently the licensed
INTERIM COMMITTEE REPORTS
2813
nursing homes within the State of Georgia are being controlled and regulated pursuant to the provisions of Code Chapter 88-19 relating to the regulations of hospitals and related institutions of Code Title 88 (Georgia Health Code) ap proved March 18, 1964 (Ga. Laws 1964, p. 499), as amended. A copy of Code Chapter 88-19 relating to the regulations of hospitals and related institutions is attached to this report marked Exhibit "A".
In addition to the powers and authority set forth in Code Title 88 (Georgia Health Code), the Department of Public Health resorts to the powers and author ity granted to it in other sections of the Georgia Health Code; for instance Code Section 88-108 defining the duties, functions and powers of the Department of Public Health authorizes the Department of Public Health in subsection (j) to enter into or upon public or private property at reasonable times for inspecting the same to determine the presence of disease and conditions deleterious to health and to determine compliance with health laws and the rules, regulations and standards adopted pursuant thereto. Code Section 88-108 in part reads as follows:
"88-108. The Department; Its Duty, Functions and Powers. The Depart ment is created and established to safeguard and promote the health of the people of this State, and is hereby empowered to employ all legal means appropriate to that end.
Illustrating without limiting the foregoing grant of authority, the Department is hereby empowered to:
(j) Enter into or upon public or private property at reasonable times for the purpose of inspecting same to determine the presence of disease and conditions deleterious to health or to determine compliance with health laws and rules, regulations and standards thereunder."
Pursuant to the authority granted in Code Chapter 88-19 and other Sections of the Georgia Health Code, the Department of Public Health has promulgated rules and regulations governing nursing homes and related institutions. In ac cordance with the provisions of an Act known as the "Georgia Administrative Procedure Act", approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, the rules and regulations governing nursing homes and related institutions have been filed with the Secretary of State of the State of Georgia, and are available for inspection at the office of the Secretary of State or at the Department of Public Health.
It will be noted that the rules and regulations of the Department of Public Health refer to nursing homes as "institutions" and these institutions are classi fied as follows: "Medical-Nursing Care Homes", "Skilled Nursing Care Homes", "Nursing Care Homes" and "Personal Care Homes". The regulations attached define each of said classifications. As of October 1, 1965, 188 nursing homes, including all four classifications, were licensed in the State of Georgia. These nursing homes contained a total of 8,689 beds as of the same date. Seventeen nursing homes containing a total of 208 beds were unlicensed. A nursing home Progress Report is hereto attached marked Exhibit "B". This Progress Report which was prepared by the Department of Public Health shows a substantial increase in licensed nursing homes in the State of Georgia during the past three years and a decline in the unlicensed nursing homes in the State of Georgia during the same period of time.
The Committee also ascertained that certain safety and fire prevention standards are required of nursing homes pursuant to an Act creating the Geor-
2814
JOURNAL OF THE HOUSE,
gia Safety Fire Commissioner, approved February 25, 1949 (Ga. Laws 1949, p. 1057), as amended. The Act provides that the Insurance Commissioner, ex-officio, shall be the Georgia Safety Fire Commissioner. The Insurance Commissioner of the State of Georgia is the Comptroller General. The Act provides for the appointment of a State Fire Marshal, deputies and other assistants, and for the adoption of rules and regulations deemed necessary to enforce the provisions of said Act. Pursuant to said statutory authority, the Georgia Safety Fire Com missioner has promulgated safety fire regulations for nursing, convalescent and old-age homes. In accordance with the provisions of an Act known as the "Geor gia Administrative Procedure Act", approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, the rules and regulations governing nursing, convalescent and old-age homes have been filed with the Secretary of State of the State of Georgia and are available for inspection at the office of the Secretary of State or at the
office of the State Fire Marshal.
The Committee further ascertained that the Division of Medical Care of the State Department of Family and Children Services administers the medical care program, including vendor payments to approved nursing homes. Of the four classifications of nursing homes, as classified by the Department of Public Health, the State Department of Family and Children Services makes vendor payments to Medical-Nursing Care Homes, Skilled Nursing Care Homes, and Nursing Care Homes, due to the fact that the nursing homes of these classifica tions are considered skilled according to Federal definition and are, therefore, eligible for Federal participation in the medical assistance program. Personal care homes are not considered medical institutions and are not eligible to par ticipate in the Vendor Payment Program but recipients who live in them and receive a monthly money payment may apply such payment toward the cost of their care if they choose. The State Department of Family and Children Services has been very instrumental in upgrading the nursing homes in the State of Georgia by making higher maximum vendor payments to those nursing homes
of higher classifications.
This statement can be best illustrated by the fact that in January, 1962, the classification of the various nursing homes that participated in the Vendor Payment Program for the first month of said year were as follows:
Medical-Nursing Care ,,..._.___-..----.--_.,,.~._--...__.__.,,---_----....___~---- 3
Skilled Nursing Care -......__....__._.,,_-_._...._.._...--_----__._,,.._--_.__----_ 14
Nursing Care _-.._.--._.._....--___._...,,_...._.._._......._____-_.,,_--_ 58
In October, 1965, nursing homes participating in the Vendor Payment Program were as follows:
Medical-Nursing Care .__..,,___.--_----------.----.,,------_------_---.._,,-__. 69
Skilled Nursing Care ..._....._.-...._....,,_...__--_...,,._.,,--._.--._._--..,_...----._....._ 43
Nursing Care -_...__.--.._---.._--....__--....--__--.._.--..,,..____--..._..._. 51
Presently the majority of nursing homes in the State of Georgia are pro prietary, with a minority of non-profit homes in operation. The majority of the new nursing homes built in recent years have been proprietary. Enough new homes have been built in limited areas until there is some competition, but in other areas, especially the urban areas of Atlanta, there is a shortage of nursing
INTERIM COMMITTEE REPORTS
2815
home beds and at times it is almost impossible to find a vacant bed regardless of a person's ability to pay.
There seems to be a wide-spread idea that there is lucrative profits made from the building and operation of nursing homes but your Committee is very doubtful that liberal profits could be made from the operation of nursing homes if adequate services are provided for patients. A majority of the people prefer to live in their own homes if at all possible and only go to a nursing home when they or their families feel that it is dangerous for them to live alone or they cannot be adequately cared for at home. Approximately thirty (30%) per cent of the patients in nursing homes in the State of Georgia are supported entirely with private funds. More than 300,000 Georgians are over 65 years of age and approximately 92,000 of them receive Old Age Assistance from the State Depart ment of Family and Children Services. These recipients are entitled to assistance while patients at approved nursing homes as long as needed when prescribed by a licensed physician.
There has been a continuous increase in the number of recipients of the Vendor Payment Program residing in nursing homes since the beginning of said program. The State Department of Family and Children Services permits nursing homes to set their own billing rates within reason and when rates are comparable with a similar nursing home but limit the approved monthly billing rate to $250.00. The Department does not participate in private room billing rates but does participate in semi-private room rates. For the approved monthly billing rate nursing homes are required to provide room and board, all nursing service, personal laundry, and nonprescription drugs normally required by elderly people such as aspirin, milk of magnesia and mineral oil. If a recipient has income such as Social Security, they are required to apply that income toward the payment of the approved monthly billing rate and the State Department of Family and Chil dren Services supplements the remainder up to the maximum in accordance with the classification of the nursing home. A nursing home is permitted to absorb any portion of the approved monthly billing rate which they are willing to do.
For the fiscal year ending June 30, 1965, the State Department of Family and Children Services made net payments to participating nursing homes in the amount of $7,599,044.41. For the month of September, 1965, the Department made net payments to nursing homes of $772,817.12. During the month of Sep tember, 1965, the Department paid 5,496 nursing home bills for categorical assistance cases as follows:
Old Age Assistance ,,,,___..--.-_.,,..----__________________________________ 4,869
Aid to the Blind .__.._..,,.._____.____,,_.__.._____..____...__........__._... 45
Aid to the Permanently and Totally Disabled _..,,..._.___............___ 582
The average age of Old Age Assistance recipients in nursing homes is in excess of 82 years.
As can be readily seen from the above statistics, the Federal and State funds administered by the State Department of Family and Children Services are the principal source of funds received by the nursing homes of this State of the first three classifications of the Department of Public Health.
The Committee is of the opinion that the Georgia Health Code should be strengthened concerning the revocation of nursing home permits in that the
2816
JOURNAL OF THE HOUSE,
provisions of Chapter 88-3 relative to enforcement and administrative pro cedure be brought into conformity with the Act known as the Georgia Administra tive Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended. This can best be illustrated by the fact that two nursing homes in DeKalb County did not meet the requirements of the Georgia Health Cade. After an administrative hearing at the State level, the Director of the Department of Public Health revoked the permits of said nursing homes. The decision of this officer was appealed to the Superior Court of DeKalb County, where after a two-day trial, a jury returned a verdict which in effect reversed the decision of the Department of Public Health, notwithstanding the fact that the depart mental records clearly evidenced violations of the regulations of the Depart ment. Under the provisions of the Georgia Administrative Procedure Act the appeal from the final Action of the Department of Public Health would have been to the judge of the superior court for his determination based solely upon the record.
Nursing homes are required to have a certificate of occupancy from the State Safety Fire Commissioner before a license is issued but in many instances these safety requirements are only a bare minimum of those required by the Commissioner. The Committee is of the opinion that greater safety regulations could be furnished by said nursing homes, notwithstanding the compliance with the rules and regulations of the State Safety Fire Commissioner. Both the De partment of Public Health and the Georgia Safety Fire Commissioner have pro mulgated excellent regulations governing the licensure requirements for nursing homes but there is a need for additional personnel, uniform interpretation and follow-up of the regulations.
There are those who would desire that licensure laws and regulations be limited to safety, sanitation, space and structural requirements. They feel that improved medical services and patient care can best be achieved by an accredi tation program. A national accreditation program has been started but there has been considerable confusion relative to the program. There is at the present time, a State accreditation program for nursing homes by the Georgia HospitalMedical Council. This is a volunteer organization composed of a number of medical and related organizations and two State departments. The nursing home accreditation program has been in effect for only a short time and has not had an opportunity to prove its effectiveness, but does seem to have a worthy potential.
The Committee is of the opinion that Medical-Nursing Care Homes, Skilled Nursing Care Homes and Nursing Care Homes, as presently classified by the Department of Public Health are to a degree medical institutions and the admin istrator of these institutions should have a background, training, and understand ing to qualify him for this responsible position. The present State laws are not adequate to insure nursing homes having administrators who are qualified. Some people have seen these positions simply as remunerative job opportunities and have assumed the position of nursing home administrator without proper quali fications. For instance, the Committee was apprised of one nursing home admin istrator who had formerly been a collection agent for an automobile accessory concern with little if any knowledge of medical care. In another instance the Committee wishing to visit a certain nursing home was required to obtain per mission from the administrator who had his offices in downtown Atlanta and his position as administrator of the nursing home was incidental to a profession which he was practicing. The Committee feels that some provision should be made to insure that nursing homes are not administered by unqualified adminis-
INTERIM COMMITTEE REPORTS
2817
trators. At the present time Georgia State College has an undergraduate pro gram in its night school for the training of nursing home administrators and it is the information of the Committee that the University of Georgia will prob ably initiate a program for training nursing home administrators in the near future.
It was also apparent to the Committee that many nursing homes in Georgia do not have any organized activities or rehabilitation program. This is one of the great general weaknesses of the present operation of nursing homes. There should be a rehabilitation program to help those patients where it is possible to restore them to the normal activities of daily living so that they could return to their homes. Admittedly, many of those of advanced age cannot accomplish this but there should be some activities planned, even for the bedridden, in which they could participate, develop an interest, and break the routine monotony of
their daily existence.
Because of the profit motive in the operation of many nursing homes, the Committee found a tendency for nursing homes to deny admission of difficult patients, stating to their relatives or other interested persons that they were not equipped or staffed to care for such patients. This is apt to be a terminal cancer patient which occurs more frequently in the aged than any other age group, and these people direly need nursing home care.
The Committee was apprised of several instances where relatives had sought nursing home facilities for their kin and could not find any facility that would accept such patient and as a last resort the patient was involuntarily committed to the Milledgeville State Hospital. The Committee is fearful that some persons, especially those persons 65 years of age or older, are being admitted to the Milledgeville State Hospital who should have otherwise been admitted to nursing homes, it being the opinion of your Committee that the facilities at the Mil ledgeville State Hospital and relative institutions are for patients who are mentally ill, in need of hospitalization for treatment of such mental illness, or who are mentally ill to the extent that such patient would do harm to himself or others. It is the opinion of the Committee that Milledgeville State Hospital has some custodial patients who but for the lack of funds or interest of their kin could be placed in nursing homes.
As a matter of information there is hereto attached to this report, marked Exhibit "C", information showing the total number of resident patients and first admisisions, and the number of resident patients and first admissions who are 65 years of age or over, for the fiscal years 1961-1965, and the deaths and discharges of persons 65 years of age or over, who were confined to the Millegeville State Hospital for the fiscal year 1961-1965. The Committee feels that there are patients at the Milledgeville State Hospital who, while needing cus todial care, are not in the need of hospitalization.
At the request of the Committee, the Office of Legislative Counsel obtained a copy of Suggested State Legislation for 1966 providing for the licensure and regulation of nursing homes which had been prepared by the Committee of State Officials on Suggested State Legislation of the Council of State Governments. The Committee studied this suggested legislation and found that it contained many provisions which were already provided for in the Georgia Health Code or in the rules and regulations adopted pursuant to said Code. However, the Committee found that the bill contained other provisions which it feels would
2818
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strengthen the present provisions of the Georgia Health Code and the rules and regulations adopted pursuant to the provisions of said Code. A copy of said suggested legislation ad the preceding commentary by the authors thereof is hereto attached marked Exhibit "D". The suggested legislation hereto attached as a part of Exhibit "D" has been compared with the present provisions in the Georgia Health Code and the rules and regulations adopted pursuant to said Code and cross-references to the provisions of said Code and the rules and regulations adopted pursuant thereto have been entered at the end of each section of said suggested legislation when applicable.
The Committee determined that the purposes for which it was created were so broad in scope, and the study that would be required was so extensive, that it would be impossible to fully study the same and make comprehensive recom mendations relative to possible legislation during the short time which the Com mittee was authorized to be in existence.
RECOMMENDATIONS:
After careful study and deliberations the Committee strongly recommends the following:
(1) It is recommended that legislation be enacted at the 1966 Session of the General Assembly of Georgia which would change the manner in which final orders of the Department of Public Health could be appealed. As Code Section 88-305 of the Georgia Health Code relating to appeals is presently written, it is difficult for the Department of Public Health to have its final orders sustained.
(2) It is recommended that the Department of Public Health make the fol lowing changes in its "Rules and Regulations Governing Nursing Homes and Relation Institutions":
(a) Change the designations of nursing homes. It is recommended that numerical classifications, in addition to descriptive classifications, be used.
EXAMPLE:
Nursing Homes and Personal Care Homes:
Class I--Medical-Nursing Care Homes
Class II--Skilled Nursing Care Homes
Class III--Nursing Care Homes
Class IV--Personal Care Homes
(b) Prohibit institutions classified by the Department of Public Health from using words denoting skilled services or special services that are not furnished and require all institutions classified by the Department of Pub lic Health to use the numerical classification and descriptive classification in all advertisements and other references to such institution.
(3) That the Budget Authority and the Department of Public Health make a comprehensive study as to whether or not the funds presently being requested
INTERIM COMMITTEE REPORTS
2819
and the funds being recommended by the Budget Authority are sufficient to administer and enforce the present laws relative to nursing homes.
(4) That the 1966 General Assembly create a Committee to continue the study relating to nursing homes, it being apparent to the present Committee that the purposes for which the Committee was created are too broad in scope to make a thorough study and to adequately make detailed recommendations, including recommendations of needed legislation.
(5) That any committee subsequently created to study nursing homes be specifically authorized to:
(a) Further consider the need for legislation regulating nursing homes and the operation thereof;
(b) To determine whether or not the laws of the State of Georgia and the rules and regulations adopted relative thereto are adequate; and if such laws and rules and regulations 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 nursing home pro gram in the State of Georgia that can be administered from a State level.
(c) Consider recommending legislation to require the certification or licensing of administrators of institutions licensed by or having permits issued by the Department of Public Health, particularly administrators of nursing homes.
(d) Give serious consideration to the suggested legislation or "model bill" prepared by the Committee of State Officials on Suggested State Legis lation of The Council of State Governments, which is attached hereto marked Exhibit "D".
The Committee wishes to express its appreciation to all those who appeared before the Committee to express their views relating to nursing homes and the laws and rules and regulations relative to nursing homes.
The Committee would also like to express its appreciation to the department officials and department personnel of the State of Georgia, particularly the officials and personnel of the Department of Public Health, the State Depart ment of Family and Children Services, and the Office of Georgia Safety Fire Commissioner (Comptroller General), that have furnished information to the Committee relative to the purpose for which it was created. The Committee was gratified by the interest shown by all those who appeared before it.
The Committee expresses its appreciation to the staff of the Office of Legis lative Counsel for its most able assistance.
The information compiled by the Committee has been left with the Legisla tive Counsel for use by any committee subsequently created to study nursing homes or other related studies.
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REPORT OF THE NURSING HOMES STUDY COMMITTEE APPENDIX
CODE TITLE 88 GEORGIA HEALTH CODE
CODE CHAPTER 88-19
REGULATIONS OF HOSPITALS AND RELATED INSTITUTIONS
"88-1901. Definitions. Unless a different meaning is required by the con text, the following terms as used in this Chapter shall have the meanings here inafter respectively ascribed to them:
"(a) the term 'institution' means any building, facility, or place in which is provided two (2) or more beds and other facilities and services that are used for persons received for either examination, diagnosis, treatment, surgery, maternity care, nursing care, or personal care for periods continu ing for twenty-four (24) hours or longer and which are classified by the Department of Health, as provided for herein, as either a hospital, nursing home, or personal care home.
"(b) the term 'permit', when issued to an institution, signifies that its facilities and operations comply with the rules and regulations of the De partment of Health.
"(c) the term 'provisional permit', when issued to an institution, means a permit issued on a conditional basis for one of the following reasons:
"(1) to allow a newly established institution a reasonable but limited period of time to demonstrate that its operational procedures equals stand ards specified by the rules and regulations of the Department of Health; or
"(2) to allow an existing institution a reasonable length of time to comply with rules and regulations, provided said institution shall present a plan of improvement acceptable to the Department of Health.
"88-1902. Department of Health; power and authority. The Department of Health shall have the power and authority to make and promulgate reasonable rules and regulations for the protection of the health and lives of patients of institutions, as herein defined.
"88-1903. Same; adoption of rules and regulations. The Department of Health, after consultation with the Hospital Advisory Council, shall adopt and promulgate such reasonable rules and regulations which in its judgment are necessary to protect the health and lives of patients and shall prescribe and set out the kind and quality of building, equipment, facilities, and institutional serv ices which institutions as defined herein shall have and use in order to properly care for their patients.
"88-1904. Same; classification of institutions. The Department of Health shall classify institutions as herein defined and make and promulgate rules and regulations that apply to such institutions according to the type of services rendered.
"88-1905. Permits to operate required; application; issue. Any person or persons responsible for the operation of any institution as defined or classified
INTERIM COMMITTEE REPORTS
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pursuant to this Chapter, or who may hereafter propose to establish and operate such an institution, shall submit an application to the Department of Health for a permit to operate said institution, such application to be made on forms prescribed by the Department of Health. No institution shall be operated in Georgia without such a permit, which shall be displayed in a conspicuous place within the building. Failure or refusal to file an application for a permit as re quired herein shall constitute a violation of this Chapter and shall be dealt with as provided for in Chapter 88-3 of this Title. Following inspection and classifica tion of the institution for which a permit is applied, the Department of Health may issue a permit or a provisional permit, or refuse to issue a permit or a pro visional permit. Permits issued shall remain in force and effect until revoked or suspended; provisional permits issued shall remain in force and effect for such limited period of time as may be specified by the Department of Health.
"88-1906. Same; denial, refusal, revocation of permit. The Department of Health may refuse to grant a permit as provided for in Section 88-1905 hereof for the operation of any institution that does not fulfill the reasonable minimum requirements which the Department of Health may prescribe by rules and regu lations and may revoke a permit which has been issued if the institution con cerned violates any of said rules and regulations; provided, however, that before any order is entered refusing a permit applied for or revoking a permit previ ously granted, the applicant or permit holder, as the case may be, shall be afforded an opportunity for a hearing as provided for in Chapter 88-3 of this Title. All appeals from such orders and all rights of enforcement by injunction shall be governed by said Chapter 88-3.
"88-1907. Same; offices of physicians and federal institutions excluded. The provisions of this Chapter shall not apply to the office of physicians or others practicing the healing- arts unless the facilities and services described in Sub section 88-1901 (a) hereof are provided therein, nor shall the provisions of this Chapter apply to institutions operated exclusively by the Federal Government or by any of its agencies."
NURSING HOME PROGRESS REPORT
EXHIBIT "B"
Licensed Unlicensed
10-1-63
Homes
Beds
156 5559
29
431
Total
185
Medical Nursing Care 21
Skilled Nursing Care 49
Nursing Care
73
Personal Care
13
Percent Unlicensed
5990 1361 7074 1822 292
10-1-64
Homes
Beds
171
7520
24
297
195
7817
44 3003
47 2216
68
1811
12
490
10-1-65
Homes
Beds
188 8689
17
208
205 8897
71 4606
43 2049
61 1530
13
504
8.29
2.30
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TOTAL NUMBER OF RESIDENT PATIENTS AND FIRST ADMISSIONS AND NUMBER OF RESIDENT PATIENTS AND FIRST ADMISSIONS 65 YEARS AND OVER
FISCAL YEARS 1961-1965
MILLEDGEVILLE STATE HOSPITAL
1961 1962 1963 1964 1965
Total Residents
11,946 12,035 12,014 12,097 11,823
Residents
No.
65 Years & Over
%
2,834
23.7
2,851
23.7
2,757
22.9
3,174
26.2
3,008
25.4
1961 1962 1963 1964 1965
First Admissions
3,509 4,582 4,804 4,906 4,735
First Admissions
No.
65 Years & Over
%
591
16.8
723
15.8
883
18.4
782
15.9
730
15.4
DEATHS AND DISCHARGES, PERSONS 65 YEARS OLD AND OLDER FISCAL YEARS 1961-1965
MILLEDGEVILLE STATE HOSPITAL
Year
1961 1962 1963 1964 1965
Deaths
550 707 725 707 690
Per Cent of Resident Patient
Population 65 and Over at End of Year
19.41 24.80 26.30 22.27 22.94
Discharges
216 234 251 261 355
Per Cent of Resident Population
65 and Over at End of Year
7.62 8,21 9.10 8.22 11.80
COMMENTARY OF COMMITTEE OF STATE OFFICIALS ON SUGGESTED STATE LEGISLATION OF THE COUNCIL OF STATE GOVERNMENTS RELATIVE TO SUGGESTED STATE LEGISLATION FOR 1966 ENTITLED "NURSING HOMES". AUGUST, 1965.
NURSING HOMES
Nursing homes used to be places where persons recuperating from illnesses went for convalescence when they were unable to obtain the requisite degree of attention at home. To this short term care of a limited number of convalescents of all ages has now been added the longer term care of many people whose need for nursing stems from the disabilities and infirmities of advancing age. As the
INTERIM COMMITTEE REPORTS
2823
life span is extended and less care of the aged is directly provided by adult chil dren and other close relatives, more urgent becomes the need for adequate nursing homes. Increasingly, these institutions are relied upon for a kind and degree of care not obtained in private households and inappropriate for provision by hos pitals.
To provide good nursing home accommodations, care and services is expen sive. Yet it cannot be said that people either pay the price for adequate nursing homes, rely on charity, or go without this type of care. The very nature of the nursing home function makes it possible for it to be carried on in name only, or at a very low level of quantitative or qualitative sufficiency. The public in terest in assuring reasonable minimum levels of adequacy for all nursing homes comes from the importance which they have assumed in meeting the health care needs of the population. Also, it should be pointed out that an ever larger per centage of the nursing home patient population comes to be in need of such institutions at a time when it is in a poor position to bargain for itself or to exhibit the degree of alertness necessary to protect itself. An additional element of public interest is that a substantial part of public welfare assistance funds is paid directly or indirectly for the care of welfare recipients in nursing homes.
Every state now has at least some law applicable to the operation of nursing homes. However, the contents and coverage of existing statutes vary widely. In general, the consensus of informed opinion appears to be that very few jurisdic tions approach the possession of a complete nursing home statute, adequately administered. The suggested legislation offered here was drafted with the assist ance and active participation of a large number of experts and representatives of professional organizations concerned with various aspects of the nursing home field. The advisory group included both public officials and private citizens. The draft statute is presented for those states which may wish to consider it as a major replacement for their present law or as a comprehensive revision of it. Other states may wish to consider the addition or adaptation of portions of the suggested legislation as partial substitutes for or additions to existing law. The suggested Act contains much more detail than most existing state statutes on this subject. It is recognized that even a detailed statute, such as the one pre sented here, should be supplemented by administrative rules and regulations. However, the selection of detail embodied in the legislation submitted herewith was considered carefully and thought to be necessary for specific incorporation in the statute as a means of promoting adequate nursing home performance.
Because the draft statute is long and deals with many subjects, no effort is made here to recapitulate its many provisions. Instead, a statement of the principal elements underlying the draft is offered to assist in the study of the statute.
Of necessity, regulation is an important ingredient in any comprehensive nursing home statute. If minimum standards for facilities, personnel and serv ices are essential, they must be prescribed and there must be provision for their enforcement. Consequently, the Act would require the licensure of nursing home premises and the employment of licensed nursing personnel, as well as the avail ability of appropriate medical and other services from professionally licensed
persons.
Since ideal nursing home facilities and care are too expensive for most seg ments of the population to afford, the emphasis must be on practical adequacy
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rather than on perfection. On the other hand, the lives and comfort of the in creasing number of persons in nursing homes speak for the necessity for improv ing conditions to the greatest extent possible. In order to facilitate the meeting of these objectives, the Act empowers the administering state agency to consult with nursing home owners and operators and to prepare guides and manuals in relevant fields. It also provides for a Nursing Home Advisory Council of public and private persons, composed in part of individuals representative of knownledgeable groups, which must be consulted on standards, rules and regulations implementing the Act and which could be consulted by the administering state agency on any other nursing home matters as well.
Another key aspect of the nursing home problem is the proper protection of the patient and his property. Section 11 of the Act would help by requiring writ ten contracts covering patients in nursing homes. An even more stubborn prob lem is that of care and protection of patient's personal property and affairs. This subject is dealt with in Section 13 which is probably more complete than any existing statute on the subject.
Attention is drawn to certain aspects of public concern with nursing homes. Section 2 (a) defines a nursing home to include homes owned and operated by the state and its subdivisions, as well as private homes. This is done because it is believed that the protection of the public and of patients requires the observ ance of standards required by law, no matter what the auspices under which the institution is administered. A quite different but related matter is that of the expenditure of public welfare funds. Since many homes are so largely financed by public assistance payments, the conditions in them are directly related to what the welfare agencies will pay for. Section 20 would prohibit the payment of public funds for care in nursing homes which do not meet requirements of law.
The minimum standards written into the suggested legislation for available professional personnel and facilities may strike some people as high for some establishments, especially in view of cost factors and the relative scarcity of trained persons in some of the fields concerned. In this connection, it should be emphasized that services and varying degrees of care are available in a wide variety of facilities, other than nursing homes. These include residential hotels, boarding homes, homes for the aged, and perhaps other types of institutions as well. However, the term "nursing home" connotes the presence of substantial professional and other licensed service. Consequently, establishments represent ing themselves to be nursing homes should be held to standards which truly accord with this conception.
DEFINITIONS:
References used in the attached Suggested State Legislation relating to "Nursing Homes" shall be as follows and shall have the following meaning:
"Georgia Health Code" shall mean Code Title 88 (Georgia Health Code) approved March 18, 1964 (Georgia Laws 1964, p. 499), as amended.
"Department of Public Health" shall mean the Department of Public Health of the State of Georgia.
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2825
"Georgia Administrative Procedure Act" shall mean the Act known as the "Georgia Administrative Procedure Act", approved March 10, 1964 (Georgia Laws 1964, p. 338), as amended.
"Rule No. ....____.., Department of Public Health" and "Section _______ of Rules, Department of Public Health" shall mean the Rules and Regulations governing Nursing Homes and related institutions including personal care homes, nursing care homes, skilled nursing care homes and medical-nursing care homes.
DRAFT OF SUGGESTED STATE LEGISLATION FOR 1966 RELATIVE TO "NURSING HOMES" AS APPROVED BY THE COMMITTEE OF STATE OFFICIALS ON SUGGESTED STATE LEGISLATION OF THE COUNCIL OF STATE GOVERNMENTS.
AUGUST, 1965.
Suggested Legislation
[Title should conform to state requirements. The following is a sug gestion: "An Act providing for the licensure and regulation of nursing homes; providing certain requirements with respect to the operation thereof; providing for standards, rules and regulations with respect thereto, and for related purposes."] (Be it enacted, etc.)
Section 1. Declaration of Policy.
It is the policy of the State to encourage and promote measures and the development and utilization of resources to insure the effective care and treatment of persons who are convalescing or whose physical or mental condition requires them to receive a degree of nursing or related health care greater than that necessary for well individuals, but not so acute as to require hospitalization. Such care and treatment require a living environment for them which, to the extent practicable, will approximate a normal home environment. To this end, the guiding principle for the administration of the laws of this State is that persons shall be encouraged and assisted in securing necessary care and treatment in noninstitutional surroundings. In recognition that for many persons effective care and treatment can only be secured from proprietary, voluntary and governmental nursing homes, it is the policy of this State to encourage, promote and require the maintenance of institutions other than hospitals offering nursing or related health care so a to insure protection of those using the services of such facilities. Section 2. Definitions.
As used in this Act, unless the context requires a different meaning:
(a) "Nursing Home" means an institution, private home, other place, or part or unit thereof, however named, whether for profit or not, including facilities operated by the State or a subdivision thereof, which is advertised, offered, main tained or operated for the express or implied purpose of providing accommodations and nursing or related health care for two or more individuals not related to the owner or administrator by blood or marriage within the third degree of consan guinity, which accommodations and care are for a period of twenty-four or more
2826
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consecutive hours, but shall not include any place providing care and treatment primarily for the acutely ill.
(See: Section 88-1901 (a), Georgia Health Code)
(b) "Administrator of a nursing home" means the individual in general administrative charge of the nursing home.. (See: Rule No. 2.1-5, Department of Public Health)
(c) "Person" means any individual, corporation, partnership, association, State, political or other subdivision or agency of the State, or any other entity. Section 3. License Required.
(a) No person shall operate a nursing home unless the [appropriate state agency] has issued, and there is in force, a license authorizing such operation. (See: Section 88-1905, Georgia Health Code)
(b) No license to operate a hospital or other facility for the care and treat ment of the physically or mentally ill shall be deemed to authorize the operation of a nursing home or nursing home part of such hospital or facility. The operation of a nursing home in conjunction with, or under the same management as a hospital or other facility, shall require such nursing home or nursing home part to be separately licensed as a nursing home pursuant to this Act.
Section 4. Homes Operated by State.
Notwithstanding any provision of this Act no license pursuant to Section 3 hereof shall be required as a condition of the establishment or operation of any nursing home by this State or any agency thereof. All other provisions and require ments of this Act and standards, rules and regulations in force pursuant thereto shall apply to any such homes, and the [appropriate state agency] shall have powers of supervision with respect thereto.
Section 5. Application for and Issuance of License to Operate Nursing Home.
(a) Any person proposing to operate a nursing home shall, prior to the commencement of such operation, make application to the [appropriate state agency] for a nursing home license. Such application shall be on a form approved by the [appropriate state agency], and shall contain the following information: (See: Rules No. 4.1-1 and 4.2-1, Department of Public Health)
(1) The name and address of the person making application.
(2) The name and address of the individual designated by the applicant as the administrator of the nursing home, and such additional information concerning such individual as the [appropriate state agency] may require.
(3) The address of the premises which are to constitute the nursing home, together with a description of all structures and facilities forming a part thereof, in such detail as the [appropriate state agency] may require.
(4) The name by which the nursing home is to be known.
INTERIM COMMITTEE REPORTS
2827
(5) The identity of the owner or owners of the nursing home and, if the owner is a corporation, the names of the officers and principal stockholders thereof.
(6) The patient capacity of the nursing home.
(7) A description of the programs and services to be furnished and of the means available to the applicant for providing the same, and for meeting require ments for staffing, equipping and operating the nursing home, with particular reference to the professional requirements of Section 10 of this Act.
(8) Proof that the premises are in conformity with all applicable state and local health, safety, zoning and subdivision laws or ordinances, and building codes, and that any necessary permits for occupancy have been issued by the appropriate state and local authorities and are in full force.
(9) Such other information as the [appropriate state agency] may require in order to permit the [appropriate state agency] to ascertain whether the applicant is in a position to operate a nursing home in conformity with the provisions of this Act.
(b) Within [sixty] days of receipt of a completed application, the [appropriate state agency] shall issue a nursing home license to the applicant, valid for one year from the date of issue and covering the premises identified in the application, unless it finds the representations made in the application to be materially in correct or insufficient, or unless it finds that the applicant, the premises, and the designated administrator of the nursing home do not meet all requirements of law for entitlement thereto.
(See: Section 88-1906, Georgia Health Code)
(c) The name of the administrator of the nursing home shall appear on the nursing home license. Any change of such administrator shall require the sur render and cancellation of the nursing home license and the issuance of a new license bearing the name of the new administrator. Unless a change of administra tors occurs at the time of renewal of a nursing home license, such change not of itself require the [appropriate state agency] to pass upon any matter other than whether the newly-designated administrator meets ap plicable requirements of law. Any license issued solely by reason of a change in the designated administrator shall bear the same expiration date as the license it replaces. If the holder of a nursing home license is required to secure a new administrator on inadequate notice or under emergency conditions, he may, upon prompt notice to the [appropriate state agency] and in accordance with rules and regulations thereof, place the nursing home in charge of an acting admin istrator for such limited time as may be necessary to permit the securing of a proper administrator.
(See: Rule No. 4.3, Department of Public Health)
(d) No change in a nursing home, its operation, program, or services of a degree or character affecting continuing license-ability shall be made prior to approval thereof by the [appropriate state agency]. The [agency] by rule or
2828
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regulation may determine the types of changes which may not be made without its prior approval.
(See: Rule No. 4.3-4, Department of Public Health)
Section 6. Renewal and Revocation of Nursing Home License; Provisional License.
(a) [Sixty] days prior to the expiration date of a nursing home license, an application for a renewal thereof shall be submitted to the [appropriate state agency] on a form approved by it. Upon receipt and review of the application and determination of compliance with the requirements of this Act and any standards, rules and regulations in force pursuant thereto, the [appropriate state agency] shall renew such license for a period of one year, unless it finds that there are specific and sufficient grounds for denying the application for renewal.
(See: Rule No. 4.2-2, Department of Public Health)
(b) The [appropriate state agency] shall have the authority to revoke a nursing home license at any time that the [appropriate state agency] finds that there has been a failure to comply with the provisions of this Act or any standard, rule or regulation in force pursuant thereto.
(See: Section 88 - 1906, Georgia Health Code and Rule No. 4.4 Department of Public Health)
(c) If the [appropriate state agency] finds that the immediate interests of the patients in a nursing home and of the general public would be best served by affording such home the opportunity to correct a condition forming the ground for revocation of, or refusal to renew, a nursing home license, it may afford such opportunity. For such purpose, it may suspend or refuse to renew a nursing home license and issue a provisional license which shall be valid for such period as the [appropriate state agency] may fix, but in no case to exceed [ninety] days. No provisional license shall be renewal. A provisional license shall be replaced by a restored or renewed license only if, within the period for which the provisional license is effective, the licensee has fully corrected all conditions constituting failure to comply with the provisions of this Act and any standards, rules or regulations in force pursuant thereto. (See: Section 88-1901 (c), Georgia Health
Code)
Section 7. Submission of Plans and Consultation. (See: Section VI of Rules, Department of Public Health)
Any owner or administrator of a nursing home or proposed nursing home may submit plans and specifications therefor, or for any addition or alteration thereof, to the [appropriate state agency] for advice concerning their suitability in the light of requirements of law. The [appropriate state agency] may consult with any such owner or owners with respect to any such plans, provided that the [appropriate state agency] shall not draw, redraw, or otherwise furnish con struction plans or specifications, except to the extent that the same may be con tained in its standards, rules and regulations issued pursuant to this Act.
Section 8. Powers.
INTERIM COMMITTEE REPORTS
2829
In administering this Act, the [appropriate state agency] shall, in addition to powers otherwise conferred upon it, have power to:
(a) Develop, issue, amend, and revise standards, rules, and regulations which shall implement this Act and shall have the force of law.
(See: Section 88-1903, Georgia Health Code)
(b) Provide by rules and regulations standards of competence and suitability of administrators of nursing homes.
(See: Section 88-1903, Georgia Health Code)
(c) Make studies and investigations of nursing home conditions and prob lems generally, and as they relate to compliance with the provisions of this Act and standards, rules and regulations issued pursuant thereto.
(See: Section 88-1903, Georgia Health Code)
(d) Develop manuals and guides relating to any of the several aspects of physical facilities and operation of nursing homes and make such manuals and guides available, with or without charge, to the owners and administrators of nursing homes and to the general public.
(See: Section 88-1903, Georgia Health Code)
(e) Consult with and otherwise assist owners and administrators of nursing homes for the purpose of facilitating improvements in the extent and quality of care available therein.
(See: Section 88-1903, Georgia Health Code)
(f) Investigate conditions in and the operation of any nursing home and the status and qualifications of any personnel employed thereby or otherwise engaged in the operation thereof.
(See: Section 88-1903, Georgia Health Code)
(g) Conduct hearings in aid of any of its functions pursuant to this Act; require the production of evidence in connection with any such hearing or any investigation validly conducted pursuant to this Act, and take written or oral testimony under oath, or otherwise.
(See: Georgia Administrative Procedure Act and Chapter 88-3, Georgia Health Code)
Section 9. Name of Home.
The words "hospital", "sanitarium", "rehabilitation center", or any words conveying a meaning substantially identical thereto, shall not be used in the name of a nursing home. A nursing home shall use the name as it appears on
2830
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the nursing home license for its premises. The name of the nursing home shall not be changed without notification to and written approval from the [appro priate state agency].
(See: Rule No. 5.1-3, Department of Public Health)
Section 10. Administration and Management of Nursing Homes.
Every nursing home shall comply with all applicable standards, rules and regulations of the [appropriate state agency] and shall:
(a) Be under the administrative direction and charge of the person whose name appears on the nursing home license as administrator of the nursing home. (See: Rule No. 5.1-1, Department of Public Health)
(b) Have at least one registered nurse responsible for planning and direct ing the nursing care, at least one nurse licensed by this State on duty at all times, and such additional registered and licensed practical nurses in its employ as the size and regular patient care needs in the home may require.
(See: Rules No. 3.1, 7.1, 7.2 and 7.3, Department of Public Health)
(c) Have the regular, consultative and emergency services of one physician licensed by this State and as many additional licensed physicians as the size and patient care needs in the home may require.
(d) Provide for the access of its patients to dental and other health related services, recreational services, rehabilitative services, and social work services, appropriate to their needs and conditions and not directly furnished by the nursing home.
(See: Rules Nos. 5.3-2, and 5.8, Department of Public Health)
(e) Keep drugs and medicines in a safe place specially set aside for the purpose. No patient or other unauthorized person shall be permitted access to such place and such drugs and medicines. Nothing herein shall be construed to authorize any person to keep or administer drugs or medicines who is not other wise legally authorized to keep or administer such drugs or medicines. (See: Rule No. 5.4, Department of Public Health)
(f) Maintain its premises and equipment and conduct its operations in a safe and sanitary manner.
(See: Rules Nos. 5.11, 5.12 and 5.13, Department of Public Health)
(g) Provide a wholesome and nourishing diet sufficient to meet generally accepted standards of proper nutrition for its patients, and provide such thera peutic diets as may be prescribed for individual patients. In making rules and regulations to implement this subsection, the [appropriate state agency] shall be guided by standards recommended by nationally recognized professional groups
and associations with knowledge of dietetics.
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(See: Rule No. 5.10, Department of Public Health)
(h) Keep full records of patient admissions, discharges, medical and gen eral health status, including medical records, personal and social history, and identity and address of next of kin or other persons who may have responsibility for the affairs of the patient.
(See: Rule No. 5.9, Department of Public Health)
(i) Keep such fiscal records of its operations and condition as may be nec essary to provide information pursuant to this Act and as may be required by rules and regulations of the [appropriate state agency]. (See: Rule 5.9-2, Department of Public Health) Section 11. Contracts.
(a) The presence of each patient in a nursing home shall be covered by a contract executed at the time of admission or prior thereto by the patient or his legal representative and the nursing home. Each party to such a contract shall be entitled to a duplicate original thereof and the nursing home shall keep on file all contracts which it has with patients. The nursing home shall not destroy or otherwise dispose of any such contract until one year after its expiration or such longer period as may be provided in the rules and regulations of the [appro priate state agency].
(b) Each contract to which this Section applies shall contain express pro vision specifically setting forth the following:
(1) The term of the contract.
(2) The services and accommodations to be provided by the nursing home and the rates or charges therefor.
(3) Specification of any rights, duties and obligations of the parties in addi tion to those required by operation of law.
(4) Any other matters which the parties deem appropriate.
(c) No contract or any provision thereof shall be construed to relieve any nursing home of any requirement or obligation imposed upon it by this Act or any standards, rules or regulations in force pursuant thereto.
Section 12. Classification of Homes; Administrators and Nurses.
(a) The [appropriate state agency] shall classify nursing homes accord ing to character, size and range of services provided. Wherever it deems dis tinctions in its standards, rules and regulations to be appropriate as among dif ferent classes of nursing homes, it may make such distinctions.
(See: Section 88-1904, Georgia Health Code)
(b) No administrator of a nursing home, and no registered nurse who plans and directs the nursing care in a home, shall function as either administrator or
2832
JOURNAL OF THE HOUSE,
one who plans and directs the nursing care for more than one nursing home, unless the homes involved are of a class or classes found by the [appropriate state agency] to be of a character, size and type of operation making it reasonable for a single administrator or registered nurse to perform such functions effec tively for more than one nursing home. As part of the classifications made pur suant to this Section, the [appropriate state agency] shall determine and fix specific limits on the number of homes of particular classes which may be served by the same individual acting as administrator or registered nurse responsible for planning and directing nursing care. No such administrator or nurse shall accept employment in violation of such limitations; nor shall the owner or adminis trator of a nursing home knowingly employ any person in violation there. The [appropriate state agency] shall not issue or renew any nursing home license bearing the name of an administrator, if the name of such administrator al ready appears on the maximum number of nursing home licenses permitted by its standards, rules and regulations.
Section 13. Property and Personal Affairs of Patients.
(a) The admission of a patient to a nursing home and his presence therein shall not confer on such nursing home or its owner, administrator, employees or representatives any authority to manage, use or dispose of any property of such patient; nor shall such admission or presence confer on any of the afore mentioned persons any authority or responsibility for the personal affairs of the patient, except what may be necessary for the safety and orderly manage ment of the nursing home.
(b) No nursing home, and no owner, administrator, employee or repre sentative thereof shall act as guardian, trustee or conservator for any patient of such nursing home or any of such patient's property.
(c) A nursing home shall provide for the safekeeping of personal effects, funds and other property of the patient in the home; provided that whenever necessary for the protection of valuables or in order to avoid unreasonable re sponsibility therefor, the nursing home may require that they be excluded or removed from the home and kept at some place not subject to the control of the home.
(d) A nursing home shall keep complete and accurate records of all funds and other effects and property of its patients received by it for safekeeping.
(e) Any funds or other property belonging or due to a patient or expend able for his account which are received by a nursing home shall be trust funds, shall be kept separate from the funds and property of the nursing home and other patients, or specifically credited to such patient, and shall be used or otherwise expended only for the account of the patient. Upon request, but, except upon order of a court of competent jurisdiction, not more often than once every three months, the nursing home shall furnish the patient and the guardian, trustee or conservator, if any, for such patient a complete and verified statement of all funds and other property to which this subsection applies detailing the amounts and items received, together with their sources and disposition. In any event, the nursing home shall furnish such a statement annually and upon the discharge or transfer of a patient. Any governmental agency or private charitable agency contributing funds or other property on account of a patient also shall
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2833
be entitled to receive such statement annually and upon discharge or transfer and such other reports as it may require pursuant to law.
Section 14. Health of Personnel.
No nursing home shall employ or otherwise permit any person to serve there in in any capacity, if such person has a communicable contagious disease or other disease or condition which would make him dangerous to the health or welfare of patients therein. Except in home exempt from medical requirements as pro vided in Section 18 of this Act, the [appropriate state agency] shall require annual medical examinations for all such personnel and shall require them to have and, upon demand, to present satisfactory evidence of such examination.
(See: Rule No. 5.6, Department of Public Health)
Section 15. Exclusion from Nursing Home.
(a) No person shall be admitted to or permitted to remain in a nursing home as a patient if:
(1) He is dangerous to himself or other patients.
(2) His condition or conduct is such that he would be unduly disturbing to other patients.
(3) He is in need of medical procedures which cannot be carried out in the nursing home.
(See: Rule No. 5.1-10, Department of Public Health)
(b) Except in emergencies, a patient shall be transferred out of a nursing home or discharged for any reason only after prior notification to the next of kin, legal representative or agency acting on the patient's behalf. When such next of kin, legal representative or agency acting on the patient's behalf cannot be reached or refuses to cooperate, proper arrangements shall be made by the home for the patient's welfare before transfer or discharge.
Section 16. Rebating Prohibited.
No owner, administrator, employee or representative of a nursing home shall pay any commission, bonus, fee or gratuity in any form whatsoever to any physician, surgeon, organization, agency, or to any person either directly or indirectly, for patients referred.
Section 17. Closing of Nursing Home.
(a) Whenever a nursing home discontinues operation, and during the period when it is preparing for such discontinuance, the home shall inform the [appro priate state agency] of the impending discontinuance of operation. The home shall also inform the patient, the next of kin, legal representative or agency acting on the patient's behalf of the fact and proposed time of such discontinu-
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JOURNAL OF THE HOUSE,
ance with sufficient notice so that suitable arrangements may be made for the transfer and care of such patient. In the case of any patient who has no such person, the home shall be responsible for securing a suitable transfer of the patient prior to the discontinuance of operation.
(b) Immediately upon discontinuance of operation of a nursing home, the owner shall surrender the license therefor to the [appropriate state agency] and such license shall be cancelled.
Section 18. Act Not Applicable.
(a) The requirements of this Act, or of any standards, rules or regulations pursuant thereto, for medical and nursing services shall not apply to any home operated by or exclusively for the members of a religious order or denomination whose tenets forbid subjection of the person to the ministrations of practitioners of medicine or related nursing care, or include reliance on spiritual means alone through prayer for healing. All other provisions of this Act and of any such standards, rules and regulations shall be fully applicable to such nursing homes.
(b) Any nursing home which considers itself eligible for the exemptions provided in this Section shall so state on its application for a nursing home license, and on any application for renewal thereof; and shall inform each appli cant for admission to patient status therein of the auspices under which the home is operated and of the meaning thereof with respect to the availability of medical and nursing services.
Section 19. Right of Entry and Inspection.
The [appropriate state agency] and any duly designated officer or em ployee thereof shall have the right to enter upon and into the premises of any nursing home licensed pursuant to this Act at any time in order to determine the state of compliance with the provisions of this Act and any rules and regulations in force pursuant thereto. Such right of entry and inspection also shall extend to any premises which the [appropriate state agency] has reason to believe is being operated or maintained as a nursing home without a license, but no such entry or inspection of any premises shall be made without the permission of the owner or person in charge thereof, unless a warrant is first obtained from the ---------_-_-------- court authorizing the same. Any application for a nursing home license made pursuant to Section 5 of this Act shall constitute permission for and complete acquiescense in any entry or inspection of the premises for which the license is sought in order to facilitate verification of the information sub mitted on or in connection with such application.
(See: Sections 88-1903 and Chapter 88-22, Georgia Health Code)
Section 20. Public Funds.
(a) No department, agency, officer [or political or other subdivision] of this State shall pay or approve for payment from public funds any amount or amounts to a nursing home under any program of state aid in connection with services provided or to be provided an actual or prospective patient in a nursing home, unless the nursing home has a current nursing home license issued by the [appropriate state agency] and meets such other requirements as may be in force pursuant to law.
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(b) Nothing in this Section shall be construed to apply to the payment of State aid for construction, renovation or improvement of a nursing home or premises intended to qualify as a nursing home upon competion of such construc tion, renovation or improvement.
Section 21. Advisory Council.
(See: Sections 88-1903 and Chapter 88-22, Georgia Health Code)
(a) There is hereby established a "Nursing Home Advisory Council", here inafter called the "Council", to consist of fifteen members, appointed by the Governor for terms of [three] years. However, the members initially appointed shall serve terms as follows: five for one year, five for two years, and five for three years. Vacancies shall be filled by appointment for the unexpired term. The Governor shall designate the chairman of the Council from among the members thereof.
(b) The membership of the Council shall be so constituted that: three shall be representative of proprietary, voluntary and governmental nursing home owners and administrators; four shall be representative of professions and occu pations the services of whose members are regularly used in connection with the operation of nursing homes; three shall be representative of agencies of state and local government, other than the [appropriate state agency], with interests in or responsibilities for nursing homes or programs related thereto; and five shall be representative of the general public.1 No member of the Council shall serve more than two successive terms thereon. Any member who is representa tive of a state or local agency may serve only during his continuance as an of ficer or employee of such state or local agency. For the purpose of the two con secutive term limitation set forth in this Section, service for more than eighteen months of a full term shall be deemed service for the full term. Prior to making any appointment of a member or members of the Council representing nursing home owners and administrators or professions and occupations the services of whose members are regularly used in connection with the operation of nursing homes, the Governor shall request nominations for such appointment or appoint ments from the principal associations, if any, in this State of such owners, admin istrators, professions or occupations. The Governor shall consider the nomina tions, if any, made by such associations, but he shall not be bound thereby.
(c) The Council shall meet at least once a year and may meet at other times on the call of its chairman; at the request of a majority of its members; or on call of the [head of the appropriate state agency]. The head of the [appro priate state agency] or one of his principal deputies or assistants shall attend meetings of the Council.
(d) Prior to issuance, any standard, rule, regulation or amendment thereof, proposed to be issued pursuant to this Act shall be submitted to the Council by the [appropriate state agency] and the Council shall be afforded opportunity to comment thereon.
(e) The [appropriate state agency] may advise and consult with the Coun cil on any matter related to the administration of this Act or the discharge of its responsibilities in respect to nursing homes.
1 Where constitutionally permissible for legislators to serve on advisory groups of this kind, some states may wish to consider adding one or two legislative members to facilitate con sideration of recommendations calling for statutory changes.
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Section 22. Fees.
(a) Any application for a nursing home license shall be accompanied by a
fee of [
] dollars and an application for renewal thereof shall be accom
panied by a fee of [
] dollars. The issuance of a new nursing home license
resulting solely from a change in the designated administrator of the nursing
home shall be without fee.
(b) No fee required by this Section shall be returnable.
Section 23. Penalties and Remedies.
(a) Any person who violates any provision of this Act, or any standard, rule or regulation in force pursuant thereto shall be subject to a fine of not to exceed [$1000]. If the violation consists in whole or in part of operating a nursing home without a license in force pursuant to this Act or of causing a nursing home to be so operated, the violator shall be subject either to such fine or to a term of imprisonment not to exceed [one] year, or both.
(b) The imposition of any fine or term of imprisonment pursuant to sub section (a) of this Section shall be in addition to any suspension, revocation or refusal to renew a nursing home license which may result from the violation.
(c) Action pursuant to other provisions of this Section shall not be a bar to enforcement of this Act and standards, rules and regulations in force pursuant thereto by injunction or other appropriate remedy, and the [appropriate state agency] shall have power to institute and maintain in the name of the State any and all such enforcement proceedings.
(d) Each day of violation shall constitute a separate offense.
(e) Nothing in this Act shall be construed to make any provision of the [state criminal code], otherwise applicable, inapplicable to any act or omission done or omitted by any person in connectin with the operation of a nursing home.
Section 24. Hearings and Judicial Review.
(See: Chapters 88-304 and 88-305, Georgia Health Code and Georgia Administra tive Procedure Act)
(a) No nursing home license may be suspended, revoked, denied or renewal denied without a hearing, if requested by the licensee, on due notice, except that the [appropriate state agency] may suspend any such license prior to hearing when it finds that the health or safety of patients requires such action on an emergency basis.
(b) Except for rules and regulations made to implement subsection (c) of this Section, no standard, rule, regulation, amendment or revision thereof hav ing the force of law as provided in Section 8 of this Act shall be issued prior to a public hearing thereon, held on due notice, and consideration of the record of such hearing by the [appropriate state agency].
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2837
(c) Transcripts of such hearings shall be available to those entitled to re ceive the same upon payment of reasonable costs therefor in accordance with rules and regulations of the [appropriate state agency].
(d) Any action of the [appropriate state agency] taken pursuant to or under color of this Act shall be reviewable as provided in the [state administra tive act]. [If there is no state administrative procedure act, or if a special review procedure is desired, make appropriate provisions.]
Section 25. Effective Date.
Section 26. 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 COMMITTEE CREATED TO STUDY MAINTENANCE, UP KEEP AND CONDITIONS OF STATE PARKS PROPERTY IN NORTH GEORGIA
House Resolution No. 221
THE COMMITTEE
Honorable Howard Rainey Representative, Crisp County Chairman
Honorable Rooney Bowen Representative, Dooly County Member
Honorable Roy N. Coker Representative, Turner County Secretary
Honorable J. R. Rhodes Representative, Baker County Member
Honorable Bailey Woodward
^
Representative, Butts County
Member
REPORT OF COMMITTEE CREATED TO STUDY MAINTENANCE, UP KEEP AND CONDITIONS OF STATE PARKS PROPERTY IN NORTH GEORGIA
House Resolution No. 221
Mr. Speaker, your Committee to Study Maintenance, Upkeep and Conditions of State Parks Property in North Georgia wishes to submit the following report:
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JOURNAL OF THE HOUSE,
The Committee organized at the State Capitol on November 26th. The Com mittee again assembled at 11:30 a.m. at Red Top Mountain State Park near Cartersville on November 28th. During the remainder of that day and the fol
lowing three days we visited Fort Mountain State Park, Amicalola Falls State Park, Vogel State Park, Black Rock Mountain State Park, Victoria Bryant State Park, Bobby Brown State Park, Elijah Clark State Park, and Fort Yargo State Park.
The Committee wishes to state that the 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 are very devoted to their work, have the parks system at heart, and are doing a good job.
We find that the cooperation of the several departments in State government has been good and has done much to develop our parks. We wish to commend the heads and personnel of the Game and Fish Department, Highway Depart ment, Purchasing Department, Forestry Department, and Industry and Trade Department. We find that during this administration much has been done to bring closer working conditions between departments which has led to better State government for the people of Georgia.
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 pav ing, maintaining and improving the roads in the parks system. We feel that the tourist dollar potential has just been touched. We realize there are no funds available for advertising, but feel that road signs are needed throughout the State. We recommend that directional signs and highway advertising be erected along all main highways near our parks throughout Georgia, thus enabling tour ists and visitors to find (discover) our parks.
We find that overnight-tent camping on State parks is growing at an unheard-of rate. We recommend that special emphasis be placed on expanding 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. This is ready money for many local communities and
we feel it should be emphasized.
We feel the Parks Department is headed by one of the hardest workers in the State government today and is flanked by an assistant capable of backing his every effort. We feel the parks personnel has taken full advantage of the funds made available, that they have used the capital outlay of money wisely and to the best advantage for the taxpayers of Georgia.
We find master plans for each park set up under the guidance of the Direc tor, Horace Caldwell, for the first time since the Parks Department came into being, and 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. We commend Horace Caldwell, Henry Strubble, and the other personnel of the Parks Depart ment for their devoted efforts in preparing the long-range plan.
Members of the Committee making this inspection for a second or third time found the ever-increasing cooperation of local officials and parks personnel. We
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2839
found the working conditions between parks employees and local officials ideal in most cases, only in one or two communities did we find isolated cases of any gap between State and local agencies. We feel a good selling job has been done in impressing on the citizens in towns near parks of the advantages of having a park and the benefit to the economy of the local community.
The Committee feels that the Parks Department should try to fulfill a need in every instance when selecting additional facilities for a park. We do not think any enterprise or venture should be undertaken by the Parks Department when it would be in competition with private enterprise unless there is a definite need that cannot be filled by private enterprise. For example, we do not feel a golf course should be built on a park when a country club is only a few miles away and can take care of all needs. We do not feel a country store should be put on the park when the local community can meet the need of food and supplies.
The Committee wishes to thank the Parks Director, Mr. Caldwell; Deputy Director, Mr. Strubble,; Engineer, Mr. Kellum; all the Parks Department per sonnel, State Parks superintendents and employees, members of the General Assembly, local officials and interested citizens in the communities we visited for their cooperation. We feel this was an enjoyable as well as fruitful inspec tion tour.
Respectfully submitted,
/s/ Howard Rainey Chairman Representative, Crisp County
/s/ Roy N. Coker Secretary Representative, Turner County
/s/ Rooney Bowen Representative, Dooly County
Is/ 3. R. Rhodes Representative, Baker County
/s/ Bailey Woodward Representative, Butts County
January 11, 1966
TO: HONORABLE PETER ZACK GEER Lieutenant Governor HONORABLE GEORGE T. SMITH Speaker, House of Representatives MEMBERS OF THE GENERAL ASSEMBLY
We are pleased to submit the report of the House South Georgia State Parks Inspection Committee.
Respectfully submitted,
/s/ A. B. C. Dorminy Secretary Representative, 72nd District
2840
JOURNAL OF THE HOUSE,
REPORT OF THE SOUTH GEORGIA STATE PARKS INSPECTION COMMITTEE
This committee was appointed pursuant to the authority of House Resolu tion No. 221. The Speaker of the House of Representatives appointed the fol lowing members of the House of Representatives to the committee: Honorable A. B. C. Dorminy of Ben Hill County, Honorable J. 0. Brackin of Seminole County, Honorable Billy Shaw Abney of Walker County, Honorable Kent Dickinson of Douglas County, Honorable Edwin C. Poss of Madison County, and Honorable Joe B. Tucker of Catoosa County. Representative Dorminy was elected Chairman and Representative Dickinson, Secretary of the Committee.
INVESTIGATION OF THE COMMITTEE:
During the course of the committee's study, the committee met with the director and officials of the State Parks Department and inspected seven of the state park facilities located in South Georgia. Of those facilities visited, with but a few exceptions, the committee found that the parks were generally maintained in a neat and attractive condition. This condition indicates that our state parks superintendents are doing an excellent job with the funds and facili ties made available to them.
FINDINGS:
The committee is of the opinion that the location and establishment of state parks are a decided advantage to the economic livelihood of those areas of the state in which such parks are located. To exploit this economic advantage, the committee is of the opinion that as many state parks as possible should be estab lished in as many different areas of the state as there are funds available for that purpose.
The committee notes that at the Magnolia Springs facilities some $^5,000.00 is set up to be expended by the State Parks Department for the purpose of dredging a creek located therein and that the sum of $75,000.00 is set up to be expended for the purpose of said eradication at Little Ocmulgee River. The com mittee is of the opinion that the expenditure of these funds for the results de rived in exorbitant and that, because of the scarcity of funds available to the State Parks Department, these funds could have been employed more produc tively in another capacity.
The committee would like to acknowledge a resolution passed by the Mayor of Millen, Georgia, Jenkins County Commissioners, and other interested citizens to the effect that the State Parks Department make funds available to restore the Old Fort Lawton Prison at the Magnolia Springs State Park and another to set up a museum on the park grounds. These resolutions were passed unani mously while this committee was visiting at the park.
RECOMMENDATIONS OF THE COMMITTEE:
Based upon the committee's investigations, the committee makes the follow ing recommendations:
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2841
1. The committee recommends that the State Parks Department initiate a feasible study into the possibility of establishing a central sewage disposal sys tem for trailer camping areas in state parks.
2. There is a need for increasing tent and group camping facilities in the various state parks.
3. The State Parks Department needs to allocate additional effort and funds in order to increase and enhance its beautification program for state parks.
4. There is a critical need for the establishment of additional parks in the State of Georgia. The committee recommends that the State Parks Department establish as a minimum criteria a minimum of 500 acres for all future state parks.
5. The committee noted that in many of the State Parks Department facili ties there is a lack of a sufficient number of picnic tables and group shelter areas.
6. Many of the state park facilities have no paved entrance or access routes from public roads. The committee recommends that the State Parks Department commence a program of paving these accesses as soon as possible.
7. The committee feels that members of the general public would be facili tated if the State Parks Department could establish a central reservation system for group camping facilities.
8. The committee is of the opinion that with a limited expenditure of funds many more sport camping facilities could be established by the department and the committee recommends that the State Parks Department commence such a program as soon as possible.
9. In many instances, the State Parks Department leases rather expensive facilities from certain of the state's public authorities and large appropriations are made available to the State Parks Department for this purpose. However, the director of the State Parks Department is not a member of any of these public authorities. The committee recommends that the director of the State Parks Department be made a member of any public authority which the State Parks Department leases park facilities.
10. The committee recommends that the 1966 session of the General As sembly create an interim study committee to inquire into the programs of the State Parks Department in the fields of advance group camping facilities, sport and tent camping, and trailer camping programs.
11. The committee recommends that the State Parks Department attempt to establish tent and trailer camping areas in some areas affording ocean or beach frontage.
12. Since authority financing is an obligation of all the people of Georgia, we think this money should be spread to include all of our Georgia State Parks in proportion to their potential in regard to the communities and area they serve.
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13. The committee recommends in those parks which do not presently have swimming facilities that where feasible, such pools be established and that no charge for such facilities be made for the use by the public when no other swimming facilities, such as lakes and rivers, are available in such parks.
The committee wishes to express its appreciation to the State Parks Depart ment for its cooperation in assisting the committee in its study. The committee is of the opinion that the director and the assistant director are competent per sonnel and are handling a most difficult job in an efficient manner.
The committee would also like to express its appreciation to the State High way Department and to the Forestry Department for their cooperation with the State Parks Department in helping maintain the Georgia state parks.
Respectfully submitted,
Kent Dickinson, Secretary Representative, Douglas County
HOUSE OP REPRESENTATIVES
Atlanta
December 8, 1965
TO: HONORABLE CARL E. SANDERS Governor HONORABLE PETER ZACK GEER Lieutenant Governor HONORABLE GEORGE T. SMITH Speaker, House of Representatives MEMBERS OP THE GENERAL ASSEMBLY
******
REPORT OF THE PENAL STUDY COMMITTEE
******
We are pleased to submit the report of the Penal Study Committee to the parties named above.
/si J. T. Dailey Chairman Representative, Randolph County
l&l Colquitt H. Odom Secretary Representative, Dougherty County
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2843
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 PENAL STUDY COMMITTEE
INTRODUCTION:
Pursuant to the authority granted in H. R. No. 221, on October 18, 1965, Honorable George T. Smith, Speaker of the House of Representatives, created an interim legislative study committee for the purpose of studying the Penal Institutions in this State and make such recommendations on their findings as said Committee determines necessary. The following members of the House of Representatives were appointed to serve on said Penal Study Committee:
Honorable J. T. Dailey Representative, Randolph County
Honorable Colquitt H. Odom Representative, Dougherty County
Honorable George W. Potts Representative, Coweta County
Honorable Thomas B. Murphy Representative, Haralson County
Honorable Herschel L. Reid Representative, Carroll County
Honorable J. T. Dailey, Representative, Randolph County, was designated as Chairman of the Committee, Honorable George W. Potts, Representative, Coweta County, as Vice-Chairman of the Committee, and Honorable Colquitt H. Odom, Representative, Dougherty County, as Secretary of the Committee.
I. RECOMMENDATIONS:
The Committee visited the Georgia State Prison, the principal penal institu tion of the State Penitentiary System, and have the following recommendations to make which the Committee believes will be highly conducive to the rehabilita tion of the inmates confined therein and also will make the operation of the Georgia State Prison much more efficient.
The Committee recommends the construction of a trusty or minimum se curity building where all inmates who have been classified as trustees be incarcerated and that these inmates be prohibited as much as possible from entering the main penal building. It is the thinking of the Committee that if trusty inmates are housed in a separate facility that the contraband presently entering the prison will be greatly reduced if not practically eliminated. Especially is this true where the smuggling in of dangerous drugs or dope is concerned. It would also alleviate inmates not in a trusty capacity from threatening and intimidating trusty inmates.
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It is also the recommendation of this Committee that a separate building be constructed for the housing of the inmates who have a history of tuberculosis. It is the thinking of the Committee that if this type of inmate is separated from the balance of the prison population that it will be a progressive step in aiding the medical staff at the State Prison in doing a more creditable job. At the present time there are approximately 250 inmates confined in the main institu tion who have at one time had active tuberculosis.
This Committee also found a major problem existing at the State Prison in the handling of homosexuals and it is the recommendation of this Commit tee that a separate facility for the housing of homosexuals be built in order that this type of inmate may be completely isolated from the balance of the prison population. It is felt by the Committee that the removal of the homosexuals to an isolated building would greatly increase the controlability and that better discipline will result.
It is also the feelings of this Committee that a separate facility for visiting be provided with proper supervision due to the fact that at the present time the inmates do their visitation in the halls of the main building and cannot be prop erly supervised and become a security hazard.
It is also the recommendation of this Committee that a milk pasteurization plant be installed and placed into operation at the institution immediately.
It is also the recommendation of this Committee that two corn picking machines and grain bins be purchased prior to the next harvesting season. In the utilization of these corn pickers it is felt that it would alleviate a waste from the crop as is presently being experienced.
It is also recommended by this Committee that several necessary horses be purchased together with walkie-talkies be utilized in the patrolling of the vast area of 8,000 acres as a custody and security measure.
The Committee also found an insufficient number of custodial officers and professional personnel to carry out a sufficient and secure operation of this large prison. It is also the recommendation of this Committee that the present custodial officers be attired in a more attractive uniform as may be certified by the Director and present a neat appearance as may be directed by the Director.
It is the further recommendation of this Committee that standard uniforms be adopted for all custodial officers of the State Prison System.
The Committee takes note that there is only one dentist to serve approxi mately 3,000 inmates and at the present time this institution is in need of a psychologist and a psychiatrist. The Committee strongly urges that this per sonnel be hired as soon as possible.
The Committee was pleased to find that an industrial program is to be inaugurated and that the construction of the facility to house the industries is already under construction. The Committee feels that additional prison indus tries at the Georgia State Prison is vital and necessary in that several hundred more idle inmates will be employed in the prison industries which the Committee
INTERIM COMMITTEE REPORTS
2845
feels will be of benefit to them during their incarceration and will help eliminate to a great extent the idleness now in existence.
The Committee found the farming operation at the State Prison to be very good.
It is recommended by this Penal Committee that funds be made available for the carrying out of these recommendations and included in the Supple mentary Appropriations Bill to be submitted in January, 1966.
The Committee, during its two-day investigation had the opportunity to be with and confer with Mr. A. L. Button, acting warden. After being with him and after checking his background, both as a man and his knowledge of penal affairs, we recommend that this man be elevated to warden.
II. ALTO TRAINING SCHOOL FOR BOYS, ALTO, GEORGIA
This school represents the only one of its type within the State Penal System. The present enrollment is 1,093. It is to be noted, however, that this number far exceeds the number that facilities can adequately accommodate. For the last three years these facilities have been forced to take approximately one hundred boys per year, which makes the school inadequately staffed--for rea sons that will be set out below:
The greatest problem facing this Institute is that of personnel-- whether it be guards, instructors, or any other type personnel. This is due to two factors, generally speaking. (1) Inadequate pay and (2) Geographi cal location of the Institution itself. Due to the fact that Alto is in the center of a high industrial complex. So as far as pay is concerned, it is almost impossible to obtain competent custodians (and additional custodials are needed at the present time) for example, because their base pay is $281 per month--whereas industry would pay for a comparable job $100 to $125 per week on a 40-hour basis while custodians are paid the amount of $281 per month on a 72-hour per week basis. This also applies to professors and other personnel and we, therefore, recommend that professors, guards, and all key personnel should be supplemented. (It is noted that there is a 41.4% turnover in personnel strictly due to pay and hours).
The main building is being remodeled, but we might add, was late in so doing. The Committee recommends that if the enrollment continues to increase at the rate of approximately one hundred per year, facilities should be increased pro portionately in order to alleviate the now overcrowded condition.
High school: The Committee has a one-hour conference with Professor Coffee, who is principal of the high school. He is satisfied with the progress he is making with the young men that are in school at the present time. How ever, with the increase in population, this naturally makes it a necessity to have additional instructors. This is very important in order to maintain the accredited status. It is to be noted that in the school library there are only 1,680 volumes--whereas 6,000 volumes are required for a school of this type or any other school in Georgia. It seems strange to the Committee that after many demands by the school officials, the State Department of Education has been unable to bring this library up to proper standards.
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For an institution of this type, it is necessary that a social worker be at tached thereto. We recommend that a social worker with a doctorate degree be employed at the earliest possible date so that the university system may send students there to assist him and these students receive credit for this training. This will, over a period of years, save the Penal System many thousands of dollars in funds expended for social workers.
The Committee was informed that there were a number of juveniles whose IQ was insufficient to be admitted to high school and whose IQ will never im prove to a degree where admission would be possible, and it is the recommenda tion of this Committee that a separate branch be established for these indi viduals whose training would be of a much less degree and would therefore make space available for those who are capable of being rehabilitated.
The Committee, after further study, recommends and urges that an ade quate adjustment center building be constructed, as this is very necessary. Also, a vocational rehabilitation department building should be built as soon as pos sible so that these young men who are not qualified for and who do not want to seek an academic education may learn some trade, not only that he likes, but one that he might be capable of doing. It is to be noted that we have spent millions of dollars on certain segments of our people, knowing full well that they will never become rehabilitated or never become useful citizens. However, here at Alto one is dealing with a group of boys, most of whom are capable of becoming law-abiding and productive citizens--which means that they will be come taxpayers. We would like to state further that we are proud of the job that Director Mathews, Professor Coffee and Mr. Scarborough are doing at the school. The Committee is unanimous in agreeing that these officials have accom plished a maximum result with minimum facilities.*
III. WAYNE COUNTY PRISON BRANCH, JESUP, GEORGIA
This particular camp for some time has been an eyesoree to the prison sys tem in this State, as the camp is of an old construction--some 25 years old, and is therefore antedated. It is a most tremendous fire hazard. For the good of the prison system, a modern building should be constructed or the prisoners removed from this camp for the reasons hereinbefore given. It is a fire hazard and a security risk. Its continued use in case of fire or escape of prisoners could be come embarrassing to the Georgia Penal System. (The Committee strongly rec ommends that funds be made available for a new building on this site during the next Supplemental Appropriation Bill.)
IV. LEE COUNTY PRISON BRANCH, LEESBURG, GEORGIA
The needs of this prison branch were discussed with Mr. Joe Avery, acting warden at this misdemeanor camp. This camp has facilities for 150 men. How ever, at times they have had an excess of 170. After interviewing many inmates, the spirit and morale of the inmates are indeed very high. No complaints by the inmates were raised. However, it was noted by Joe Avery and some of the in-
*Expenditures per person in like institutions throughout the Nation: State of California-- $2790.00--1964; Federal Government--$2160.00--1964; National Average--$1400.00--1964; Mount Alto, Georgia--$583.00--1964.
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2847
mates in class that another motor could be utilized for instructional purposes, accompanied with the necessary tools, in order to perfect training on these gasoline type motors.
V. STONE MOUNTAIN PRISON BRANCH, STONE MOUNTAIN, GEORGIA
Warden Smith carried the Committee through the building and the building was found to be in excellent condition. The inmates were pleased with the working conditions, and they had no complaints regarding the food. The Committee was also shown around the entire park and the inmates are doing some excellent work in rock masonry. The park is in very good order.
The Committee would like to congratulate all concerned connected with the Department of Corrections for their kind and considerate cooperation and above all, we would like to congratulate them on the enthusiastic and businesslike man ner in which they are conducting this Department.
Respectfully submitted,
/s/ J. T. Dailey J. T. Dailey, Chairman Representative, Randolph County
/s/ Colquitt H. Odom Colquitt H. Odom, Secretary Representative, Dougherty County
/s/ George W. Potts George W. Potts, Vice-Chairman Representative, Coweta County
/s/ Thomas B. Murphy Thomas B. Murphy Representative, Haralson County
/s/ Herschel L. Reid Representative, Carroll County
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HOUSE OF REPRESENTATIVES
Atlanta
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 PLUMBING AND ELECTRICAL CODE STUDY COMMITTEE
House Resolution No. 173
THE COMMITTEE
Honorable Ed T. Fulford Representative, Terrell County Chairman
Honorable J. Lucius Black Representative, Webster County Vice Chairman
Honorable Paul Stalnaker Representative, Houston County Secretary
Honorable John F. Collins Representative, Toombs County Member
Honorable Hubert Dollar Representative, Decatur County Member
Honorable Robert H. Farrar Representative, DeKalb County Member
Honorable D. W. Knight, Jr. Representative, Laurens County Member
Honorable Hugh Lee McDaniell Representative, Cobb County Member
Honorable Don C. Moore Representative, Stephens County Member
Honorable Emory L. Rowland Representative, Johnson County Member
Honorable Alan B. Smith Representative, Glynn County Member
December 1, 1965
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 PLUMBING AND ELECTRICAL CODE STUDY COMMITTEE
House Resolution No. 173
INTRODUCTION:
The Plumbing and Electrical Code Study Committee was created pursuant to H. R. No. 173. The Speaker appointed the following members to the Commit-
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tee: Representative Ed T. Fulford of Terrell County, J. Lucius Black of Webster County, Paul Stalnaker of Houston County, John F. Collins of Toombs County, Hubert Dollar of Decatur County, Robert H. Farrar of DeKalb County, D. W. Knight, Jr., of -Laurens County, Hugh Lee McDaniell of Cobb County, Don C. Moore of Stephens County, Emory L. Rowland of Johnson County, and Alan B. Smith of Glynn County. Representative Fulford was designated Chairman of the Committee. The Committee held its organizational meeting at the State Capitol in Atlanta on July 20, 1965. Representative J. Lucius Black of Webster County was elected Vice-Chairman and Representative Paul Stalnaker was elected Secretary by the Committee. The Committee was authorized twenty-five days within which to complete its work. The final meeting was held at the State Capitol in Atlanta on November 4, 1965.
FINDINGS:
The Chairman of the Plumbing and Electrical Code Study Committee met several times with the Special Task Force of the Study Committee for Establish ing a Uniform State of Georgia Plumbing Code. The Special Task Force was composed of members representing the Georgia Department of Public Health, the American Society of Sanitary Engineering, the Georgia Municipal Associa tion, the Georgia Society of Professional Engineers, the Metropolitan Planning Commission, the Georgia Association of Plumbing, Heating and Cooling Con tractors and the Home Builders Association. The Special Task Force conducted numerous meetings and submitted a final draft of a proposed bill creating a Plumbing Code Council to the Plumbing and Electrical Code Study Committee. The proposed bill authorized the Plumbing Code Council to promulgate a state wide plumbing code to establish: (a) minimum standards concerning the in stallation, repair and alteration of plumbing and plumbing systems; and (b) a statewide proficiency examination and licensing procedure for members of the plumbing profession.
Mr. Millard C. Norris, Chairman of the Study Committee for Establishing a Uniform State of Georgia Plumbing Code submitted an article to the com mittee entitled, "Why A Georgia Plumbing Code". The article by Mr. Norris is being reproduced and is attached as a part of this report (see Appendix A).
The Committee invited members of the plumbing and electrical professions to appear before the Committee at all of its meetings. The Committee heard from witnesses representing the plumbing inspectors, the electrical inspectors, organized labor, open shop operators, the Georgia Municipal Association, the Association of County Commissioners, the Electrical Contractors Association, the Plumbing Contractors Association, governmental officials, public utilities, Consulting engi neers Association, and several other interested groups. Practically everyone who appeared before the Committee agreed that the State of Georgia needs a minimum plumbing code and a minimum electrical code. The following persons appeared before the Committee during its deliberations (see Appendix B).
Mr. Joe C. Behrens, Chief, Conservation and Rehabilitation Branch of the Housing and Home Finance Agency in Atlanta testified before the Committee on August 18, 1965. Mr. Behrens stated that his organization is responsible for urban renewal in over three hundred cities located in eight southeastern states. Mr. Behrens stated that he felt that minimum plumbing and electrical codes would
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be good for the State of Georgia but only if adequate inspection machinery is provided. He stated that there is definitely a need for minimum codes.
The Committee submitted several drafts of a proposed bill creating a State Building Administrative Board to the various interested organizations in the State of Georgia. The State Building Administrative Board was composed of thirteen members to be appointed by the Governor, The proposed bill authorized and directed the State Building Administrative Board to promulgate and adopt a statewide plumbing code and a statewide electrical code. The proposed bill specifically authorized counties and municipalities with existing codes containing higher standards that the standards provided in the minimum state codes to con tinue to operate under their existing local codes. The proposed bill also provided for statewide examinations and licenses and for local enforcement of the mini mum codes.
The Committee solicited suggestions for changes in the proposed bill from the various interested organizations. The Committee conducted public hearings at the State Capitol in Atlanta on November 3 and 4, 1965, and heard from over twenty-five witnesses from the plumbing and electrical professions. Many of the witnesses who appeared at the public hearings had previously appeared before the Committee. The majority of the witnesses who appeared at the public hear ings on November 3 and 4 were of the opinion that the proposed legislation creating the State Building Administrative Board was not in the best interest of their professions. The strongest criticism appeared to be centered on the thirteen-member Board and the examination, licensing and enforcement precedures contained in the proposed bill. One group voiced strenuous objections about the cost of examinations and renewal licenses as set forth in the proposed bill. However, all groups still insisted that they were in favor of a minimum state plumbing code and a minimum state electrical code.
RECOMMENDATIONS:
There is a definite void in the laws of Georgia concerning the regulation and enforcement of plumbing and electrical installations, repairs and alterations in many counties and municipalities and it is the feeling of the members of the Committee that this study should be continued. Therefore, the members of the Committee recommend that a new committee be created to be composed of three members of the House of Representatives to be appointed by the Speaker, three members of the Seriate to be appointed by the President, and one member of the Georgia Municipal Association, one member of the Association of County Com missioners of Georgia, one member of organized labor in the plumbing profession, one member of organized labor in the electrical profession, one open shop member in the plumbing profession, one open shop member in the electrical profession, one member from the Department of Public Health, one plumbing inspector and one electrical inspector, all to be appointed by the Governor.
The Committee further recommends that the National Electrical Code as adopted and published by the National Board of Fire Underwriters and as recom mended by the National Fire Protection Association be adopted in Georgia as the minimum code for all electrical installations, repairs and alterations and that the State Fire Marshal under the Comptroller General be charged with the responsibility of enforcing such minimum electrical code (see Appendix C).
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The Committee further recommends that the Southern Standards Building Code, Part III, Plumbing, be adopted in Georgia as the minimum code for all plumbing installations, repairs and alterations and that the State Department of Public Health be charged with the responsibility of enforcing such minimum plumbing code (see Appendix D).
The Committee wishes to express its appreciation to all those who appeared before the Committee to express their views relating to the feasibility of establish ing minimum statewide plumbing and electrical codes.
The Committee also wishes to express its appreciation to the Office of Legislative Counsel for its capable assistance.
The information compiled by the Committee has been filed with the Office of Legislative Counsel for use by any committee subsequently created to study the possibility and feasibility of establishing minimum statewide plumbing and electrical codes.
Respectfully submitted,
Is/ Ed T. Fulford Chairman
Representative, Terrell County
/s/ Paul Stalnaker
Secretary Representative, Houston County
/s/ Hubert Dollar Member
Representative, Decatur County
Is/ D. W. Knight, Jr. Member Representative, Laurens County
/s/ Don C. Moore Member Representative, Stephens County
/s/ J. Lucius Black Vice Chairman Representative, Webster County
/s/ John F. Collins Member Representative, Toombs County
/s/ Robert H. Farrar
Member Representative, DeKalb County
/s/ Hugh Lee McDaniell Member Representative, Cobb County
/s/ Emory L. Rowland Member Representative, Johnson County
/s/ Alan B. Smith Member Representative, Glynn County
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APPENDIX A
WHY A GEORGIA PLUMBING CODE
By Millard C. Norris, Chairman Study Committee for Establishing a Uniform
State of Georgia Plumbing Code
******
The State of Georgia needs a Standard Plumbing Code for the protection of life, health and property. A code--
To establish uniform minimum standards for plumbing, based on modern technology;
To insure that work is installed by qualified, licensed persons; and,
To provide for inspections by governing authorities.
Today we have over ninety different plumbing codes--each superior to the other. If you don't believe it, just ask the local authorities. All of these codes have as their prime concern the furnishing of potable drinking water and a safe means for the disposal of waste matter. This is all they have in common. In checking over sixty items in these codes, it was found that they agreed on only one point; i.e., the use of Extra Heavy Soil Pipe.
Georgia needs a Uniform Plumbing Code also, because half of the people in the state are living in areas having no code, and I don't mean the farmer. I'm talking about the suburbanites, living next to incorporated municipalities. Those living on farms do not know whether their wells are dangerously exposed to septic tanks or outhouse cesspools. Ask any of our Korean war veterans to tell you about the conditions they encountered in that country. Is this what we want for our fellow Georgians? Even our larger cities are beginning to realize that they cannot dump raw sewage into our rivers and streams. Something must be done, and, and with the help of your organization, it can!
The basic principles of physics, sanitation, and safety are the same the world over. Water will not run up hill in Albany, Augusta or Atlanta; and hot air will always rise above cold air even in politics. So, why should there be so many differences in codes? Disease carrying mosquitoes breed in the stagnant water under houses, caused by leaking or unconnected waste lines. Many a tub drain is not connected to the trap; and many a toilet is not propertly sealed off. Cock roaches and rats thrive on litter and refuse that collects in and around open sewers. Rats have been known to enter houses through toilets even when full of water. And it is nothing unusual to find thousands of cockroaches in a sewer line that is not property washed and vented.
Everybody needs a minimum plumbing code--the farmer and the city dweller alike. And a potable water supply and the proper disposal of wastes are not the only areas where a code is needed. There are other items that are just as important. For instance: How many reports have you read of damage caused by
INTERIM COMMITTEE REPORTS
2853
hot water heaters being improperly installed without adequate relief valves, or with relief valves that were inoperable. And in most cases these heaters were installed by unscrupulous contractors (out to make a fast buck), or by moon lighters, millhands, and handymen who did not know any better. A licensed contractor would have furnished the right safety device; a qualified mechanic would have installed it correctly; and an inspector would have certified as to to its functioning properly.
Standardization would free the Engineer from repetitious work, permitting him to design and create, applying the skills for which he was especially trained to meet the needs of the experienced contractor. A balance needs to be established between the engineer's design and the contractor's experience.
The Architect is always in a dilemma as to the amount of space required for the various fixtures, equipment, and piping. Standardization would allow him to design a sound structure, for the most exacting client, without the aesthetics being marred by obtrusions and dust catchers, or the building weakened by the cutting of studs, joists, and rafters.
With well designed plans and standard specifications, the General Contractor would then be in position to receive more competitive bids without misunder standings as to what such bids cover.
The relieable and reputable Builder would be assured of quality workmanship and materials, at the lowest possible cost, knowing that he would not have to patch walls because of leaking pipes, or replace sewer lines because the pipe collapsed.
A Standard Plumbing Code would not only simplify estimating for the Plumbing Contractor, but also would eliminate costly installation errors due to misunderstandings and interpretations--all of which is figured into the next job--thereby reducing the overall cost of the job.
The work of Inspectors would not only be simplified, but a Uniform Code would also eliminate some of the time they are now expending checking faulty installations due to misinterpretation of existing codes.
Manufacturers would be helped, too, for it would standardize materials, packaging, shipping, field services, replacement parts, etc.
Wholesalers and Suppliers would be able to reduce ther inventories--carrying one item, instead of several, to serve the same function--thereby lessening the warehouse space required. The same thing would apply to the Plumbing Con tractor's shop and trucks.
Banks would have a recognized code on which to base their loans, knowing that their investment would be protected. Insurance Companies would reduce their rates if they knew their risks were minimized. Municipalities would have an acceptable, recognized standard for receiving Federal Aid on urban renewal, housing projects, and the like.
A Uniform Code would insure that buildings on state property would be inspected for the protection of their occupants. At the present time, the motels
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on Jekyll Island, fraternity houses on campuses of State Universities, etc., have no inspections or supervision.
Our State and Federal Health Agencies are well aware of the growing need for a minimum Uniform Code. The State School Building Authority and the FHA are struggling every day with the problem. Confusion is rampant, because of the many diversified opinions.
The Chambers of Commerce know that confusion hurts business. Therefore, unification concerns them. In our counties there are as many different codes as there are towns. Metropolitan Atlanta is saddled with some fifteen different interpretations.
Then we come to the Home Owner--the forgotten man. When he buys or builds he has no assurance that durable materials and adequate safety devices have been used, or that the work has been properly installed. When this is not the case, then he has no alternative except to pay the bills for cleaning roots out of his sewer every other year, or replacing his water service. All of which is a needless waste of money, time, and energy.
There is not a person in the State of Georgia who doesn't have a stake in a Uniform Minimum Georgia Plumbing Code, and any doubts as to its need can only be prompted by selfish vested interests. We in the Plumbing Industry welcome your support for the protection of the life and the health of our citizens.
APPENDIX B
Britt Alderman -- President, Consulting Engineers Association of Georgia
Harold E. Arnsdorff, Sr. -- Savannah, Georgia
Joe C. Behrens -- Chief, Conservation and Rehabilitation Branch, Housing and Home Finance Agency
Harry Bexley -- International Brotherhood of Electrical Workers
Thomas E. Blakely -- Blakely - Daniels Consulting Engineers J. B. Boatenreiter -- Business Representative, Plumbers and Steamfitters Local
No. 72 Roy J. Boston -- Georgia Department of Public Health Joe B. Browder -- Vice President, Georgia Power Company James V. Burgess, Jr. -- Georgia Municipal Association Orbie M. Campbell -- Georgia Power Company W. T, Cantrell -- Secretary and Treasurer, Georgia Chapter, Inter-national
Association of Electrical Contractors
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A. L. Carpenter -- Electrical Contracting Company
B. W. Carpenter -- Carpenter Electric Company
W. S. Carter -- Local 759, Augusta, Georgia
M. J. Cunningham -- Savannah, Georgia
Cornelius Dulohery -- Chief Plumbing Inspector, City of Savannah
R. J. Edenfield -- Electrical Inspector, City of Augusta
Ted W. Erickson -- Erickson Company, Inc.
Wade B. Evans -- Savannah Electric and Power Company
H. W. Pitzpatrick -- Local 508, Savannah, Georgia
A. L. Folden -- Cutler-Hammer, Inc.
Charles G. Pulton -- Pulton Brothers Electric Company
Elmer George -- Executive Director, Georgia Municipal Association
Mark R. Harbinson -- District Director of Environmental Sanitation, Chatham County Health Department
Hill Healen -- Executive Director, Association of County Commissioners of Georgia
M. E. Hill -- Chief Plumbing Inspector, DeKalb County
R. P. Holman -- Cowan Supply Company
C. B. Ingram -- Plumbing Contractor
Dewey L. Johnson -- Chairman, Electrical Advisory Board, City of Atlanta
C. T. Jones -- Underwriters Association
S. W. Jourdan -- Chief Plumbing Inspector, Fulton County
L. C. Kessler, Jr. -- Kessler Electric Company
Thomas B. Lackey -- Codes and Rehabilitation Specialist, Urban Renewal Administration, Housing and Home Finance Agency
J. P. Linville -- Atlas Supply Company
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Lamar 0. Meeks -- Savannah Electric and Power Company
Wylie W. Mitchell -- Assistant Chief Plumbing Inspector, City of Atlanta
Orville Opp -- Opp Electrical Company
Hugh D. Partain -- Chief Electrical Inspector, City of Savannah
George L. Peterson -- National Electrical Contractors Association
J. R. Reese -- Electrical Contractors, Association of Augusta, Inc.
Daniel G. Sabin -- Georgia Power Company
J. H. Schofield -- Chief Plumbing Inspector, City of Atlanta
M. 0. Seckinger -- M. O. Seckinger Company
R. W. Shaul -- National Electrical Manufacturers
Howard Stahlman -- Central Electric Products Company Jack Stevens -- Inspector, Gwinnett County
William Earl Strother, Sr. -- Georgia Society of Professional Engineers
W. L. Stubbs, Jr. -- Inglett and Stubbs, Inc.
W. 0. Torbett -- Electrical Inspector, City of Atlanta
T. J. Turner -- Savannah, Georgia
J. D. Wade -- Decatur, Georgia
W. R. Walford
Ernest F. Wise -- Chief Electrical Inspector, City of Atlanta
APPENDIX C
A BILL TO BE ENTITLED
An Act to provide for the adoption of the National Electrical Code as the minimum code for electrical work in the State of Georgia; to provide that the State Fire Marshall shall be responsible for the enforcement of the code; to provide for exemptions; to provide for permit fees; to provide for injunctions; to provide for a penalty; to provide an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The National Electrical Code, as adopted and published by the National Board of Fire Underwriters and as recommended by the National Fire Protection Association, as it is in effect on the effective date of this law, is adopted as the minimum electrical code for electrical work in the State of Georgia. All electrical work performed in the State of Georgia on and after July 1, 1966 shall be in accordance with said code.
Section 2. The State Fire Marshal shall have the authority and responsibili ty for the enforcement of the code herein adopted, and in connection therewith shall establish reasonable rules and regulations which shall be uniform throughout the State. The State Fire Marshal may by rule provide for reasonable inspections during the progress of electrical work to insure that the code herein adopted is conformed to by all persons engaging in electrical work, but in all cases the State Fire Marshal shall provide for expeditious inspection at the request of a person properly making a request to the State Fire Marshal for such inspection, and in the event that the State Fire Marshal shall fail to provide for an inspection within 48 hours after the receipt of the request therefor, such inspection shall be waived. The State Fire Marshal may require permits before electrical work may be performed and shall establish reasonable fees therefor. The State Fire Marshal shall be authorized to employ the necessary personnel to perform the duties required by the provisions of this Act. The permit fees collected by the State Fire Marshall shall accure to the general fund of the State.
Section 3. Any local political subdivision which has heretofore or shall hereafter provide for standards for electrical work which are equivalent to, or of a higher quality in regard to the public safety than the code adopted herein, and which local political subdivision shall provide for regular inspections for the enforcement of such code, shall have the right, notwithstanding any other provi sions of this Act to the contrary, to control the standard of electrical work performed within the jurisdiction of such local political subdivision. Any person performing electrical work within the jurisdictional limits of a local political subdivision conforming to this section who obtains the permit required by such local political subdivision, and otherwise conforms to the electrical code established by such local political subdivision, shall be exempt from the provisions of this Act.
Section 4. No person shall perform electrical work in this State unless he shall either (a) have a permit therefor issued by a local political subdivision in accordance with the immediately preceding section, or (b) shall have a permit issued by the State Fire Marshal. Permits from the State Fire Marshal shall be required for all electrical work performed in any part of the State not regulated by a local political subdivision which imposes and enforces an electrical code of minimum standards equal to the code herein adopted; provided, however, that a copy of the code herein adopted together with any rules and regulations con cerning permits or inspections shall be filed by the State Fire Marshal with the Clerk of the Superior Court in any county in which the State Fire Marshal is charged with the responsibility of exercising its jurisdiction to require permits and inspections of persons doing electrical work.
Section 5. This law shall not apply to, nor shall registration described herein be required of, public utilities or other persons or governmental units lawfully engaged in the sale of electrical power in the State nor to any employee or agent
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of such utility or governmental unit regularly employed by it in connection with its sale of electrical power.
Section 6. The State Fire Marshal shall have the right to bring injunctive action in the superior courts of this State to enjoin the violation of this Act by any person.
Section 7. Any person who violates any provision of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.
Section 8. An Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. Laws 1949, p. 1057), as amended, is hereby amended by striking Section 14 in its entirety.
Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.
APPENDIX D
A BILL TO BE ENTITLED
An Act to provide for the adoption of a minimum plumbing code in the State of Georgia; to provide that the State Department of Public Health shall be responsible for the enforcement of the code; to provide for exemptions; to provide for permit fees; to provide for injunctions; to provide for a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Southern Standards Building Code, Part III, Plumbing, as it is in effect on the effective date this law is adopted as the minimum plumbing code for plumbing work in the State of Georgia. All plumbing work performed in the State of Georgia on and after July 1, 1966, shall be in accordance with said code.
Section 2. The State Department of Public Health shall have the authority and responsibility for the enforcement of the code herein adopted, and in con nection therewith shall establish reasonable rules and regulations which shall be uniform throughout the State. The State Department of Public Health may by rule provide for reasonable inspections during the progress of plumbing work to insure that the code herein adopted is conformed to by all persons engaging in plumbing work, but in all cases the State Department of Public Health shall provide for expeditious inspection at the request of a person properly making a request to the State Department of Public Health of such inspection, and in the event that the State Department of Public Health shall fail to provide for an inspection within 48 hours after the receipt of the request therefor, such inspection shall be waived. The State Department of Public Health may require permits before plumbing work may be performed and shall establish reasonable fees therefor. The State Department of Public Health shall be authorized to employ
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the necessary personnel to perform the duties required by the provisions of this Act. The permit fees collected by the State Department of Public Health shall accrue to the general fund of the State.
Section 3. Any local political subdivision which has heretofore or hereafter provided for standards for plumbing work which are equivalent to, or of a higher quality in regard to the public safety than provided in the code adopted herein, and which local political subdivision shall provide for regular inspections for the enforcement of such code, shall have the right, notwithstanding any other provisions of this Act to the contrary, to control the standard of plumbing work performed within the jurisdiction of such local political subdivision. Any person performing plumbing work within the jurisdictional limits of a local political subdivision within this section who obtains the permit required by such local political subdivision, and otherwise conforms to the plumbing code established by such local political subdivision, shall be exempt from the provisions of this Act.
Section 4. No person shall perform plumbing work in this State unless he shall either (a) have a permit therefor issued by a local political subdivision in accordance with the immediately preceding section, or (b) shall have a permit issued by the State Department of Public Health. Permits from the State De partment of Public shall be required for all plumbing work performed in any part of the State not regulated by a local political subdivision which imposes and enforces a plumbing code of minimum standards equal to the code herein adopted; provided, however, that a copy of the code herein adopted, together with any rules and regulations concerning permits or inspections shall be filed by the State Department of Public Health with the Clerk of the Superior Court in any county in which the State Department of Public Health is charged with the responsibility of exercising its jurisdiction to require permits and inspections of persons doing plumbing work.
Section 5. The State Department of Public Health shall have the right to bring injunctive action in the superior courts of this State to enjoin the violation of this Act by any person.
Section 6. Any person who violates any provision of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
December 14, 1965
TO: HONORABLE GEORGE T. SMITH SPEAKER, HOUSE OF 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.
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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,
/s/ Willis J. Richardson, Jr. Representative, Chatham County Chairman
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 industriousness 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 de velopment of future inland ports should be considered one of the priorities to expand the economy of this State.
The Committee was impressed with the versatility of the equipment located at the various installations, although some equipment is recommended to supple ment the equipment at Bainbridge, and felt that the new cold storage plant facility now in full operation at the Savannah port was a compliment to the officials of the Ports Authority and will be a great asset to the perishable products industry throughout the State.
It is felt that the Ports Authority up to this date has developed its facilities to a point of being competitive with neighboring states in both deep water and inland ports. However, with the recent $25 million bond issue by the Port of Jacksonville, Florida, it is felt by the Committee that the State must continue to provide the necessary moneys for the operations and further development of the present and possible additional port facilities in Georgia.
The continued increase in tonnage at the Savannah and Brunswick ports and the great development in the Bainbridge port as well as the continued development of the Columbus and Augusta ports make desirable, in the opinion of the Committee the following recommendations as to the specific port locations:
SAVANNAH:
The Ports Authority at Savannah has started construction of three new berths at the Ocean City terminals, two of which were recommended by your
INTERIM COMMITTEE REPORTS
2861
Committee's predecessor, and one of which was part of the $4 1/2 million ex pansion program started last year by the Authority. One of these berths is near completion.
The equipment requirements at both the Garden City and Ocean terminals apparently are satisfactory. However, the Committee recommends that close scrutiny be kept on equipment requirements and that moneys be appropriated for additional equipment as needed, particularly in view of the completion in the near future of the expanded facilities of this port.
In addition, this Committee recommends, as did its predecessor, that the expense of the dredging operation at the King's Island turning basin in the Savannah River, which is a spoilage area located in Chatham County for the dredging operations, be borne by the State through appropriation of moneys to the State Ports Authority for this purpose, relieving Chatham County of this expense. It is noted that the Governor has recently concurred in this recommenda tion, and it is hoped that moneys will be appropriated for this 'purpose at the earliest possible time.
BRUNSWICK:
The Committee was glad to learn on its inspection of the Brunswick port that the Ports Authority had begun the survey necessary for the railroad planned for the development of Colonel's Island, and that the construction contracts for a new berth and warehouse would shortly be let, all of which was recommended by this Committee's predecessor and which this Committee concurs in.
It was brought to this Committee's attention that the port at Brunswick does not own a gantry crane, and at present must borrow the Brunswick Port Authority's crane when necessary for unloading operations at the one warehouse facility presently at this port. There is sufficient railroad trackage at this time which enables the State port in Brunswick to do this, however, with the building of the new warehouse, there will not be sufficient trackage, and it is recommended by the Committee, due to the construction of the additional warehouse, that additional moneys for additional trackage be appropriated in the immediate future. The purchase of a gantry crane is recommended by the Committee for this port when it is feasible, as the situation with the addition of the new warehouse and the anticipated increase in the unloading and loading operation will become more difficult and inconvenient in the very near future under the present arrangement.
BAINBRIDGE:
The Committee very strongly recommends, as did its predecessor, 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.
The Committee further recommends that moneys be appropriated to purchase a conveyor belt system to supplement the bulk unloading equipment within the warehouse presently located at the port, to further utilize the space available
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in the present warehouse which is not being utilized to its fullest by the present equipment.
The Committee further recommends that the State authorities contact the Federal government concerning the acquisition of some 3,000 acres of land immediately adjacent to the port facility in an effort to have same granted to the State or purchased by the State at a nominal figure for the anticipated expansion of this very busy inland port facility.
The Committee was gratified in learning of the acquisition of land by the Ports Authority at this port since the recommendation made by its predecessor.
The Committee also recommends the continued contact with the United States Engineers and the States of Florida and Alabama regarding the correction of the channel depth of the Apalachicola River.
COLUMBUS:
This port is now fully operational, and its greatest need is the correction of the channel depth of the Chattahoochee River. The Committee recommends that contact be made with the United States Corps of Engineers to bring this channel to the nine-foot level which will enable this port to greatly increase its barge traffic in the various types of exotic oils and gas tonnage which are the main products passing through and being stored at this facility. This oil and gas tonnage is used throughout the State and neighboring States in the manu facturing of a wide variety of products and with the correction of the channel depth the potential of the Columbus port in this field is unlimited.
AUGUSTA:
This facility is also now fully operational with the exception that there is still some work to be completed by the United States Engineers in deepening the channel of the Savannah River.
It is noted that the establishment of the facility at Augusta has created, since this Committee's predecessors' report, great industrial activity by its very presence and has recently entered into a contract for the leasing of its present warehouse and a contract with a private concern for the construction and leasing of an additional warehouse which is presently approximately 50 per cent com pleted.
The Committee feels that at the present rate of expansion and industrial development climate created by this facility, it will shortly become a very active and important inland port, and its needs for equipment should be carefully considered with its new expansion.
POTENTIAL NEW PORTS:
The Committee recommends that the Executive branch of the State govern ment, as well as the Georgia Ports Authority, continue to consider the feasibility
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2863
of the establishment of other inland ports at Albany, Macon, Atlanta and Rome, and the development of all of the State's waterways.
GENERAL RECOMMENDATIONS:
The Committee recommends that consideration be given by the proper ap pointing authority that the State Ports Authority be composed of at least one member from each port facility in the State, and if necessary, that the number of members of the State Ports Authority be increased to accomplish this end.
The Committee further recommends that wherever feasible, and when the best interest of the State is served, the Ports Authority should give preference to the utilization of the services of Georgia firms, companies and professions over those from outside the State.
The Committee would like to specifically commend the Executive Director of the Ports Authority, J. D. Holt, in being elected President of the American Association of Port Authorities which the Committee feels greatly enhances the prestige of the Georgia Ports Authority and which will aid greatly in its future development.
The Committee feels that the Chairman of the Georgia Ports Authority, its members and personnel have done an outstanding job of administration in the operation of all port facilities and should be commended for their efforts.
Respectfully submitted,
/s/ Willis J. Richardson, Jr. Chairman Representative, Chatham County
/s/ Jack Brinkley Representative, Muscogee County
/s/ Hubert Dollar Representative, Decatur County
/s/ E. E. Griffin, Jr. Representative, Hancock County
/s/ Reid W. Harris Representative, Glynn County
/s/ James M. Hull, Jr. Representative, Richmond County
/s/ Henry L. Reaves Representative, Brooks County
/s/ Herschel L. Reid Representative, Carroll County
/s/ Corbin C. Roberts Representative, Jones County
/s/ George L. Smith II Representative, Emanuel County
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/s/ Freddie J. Tidwell Representative, Crawford County
December, 1965
REPORT OF THE SENATE RETIREMENT SYSTEM AND EMERITUS POSITIONS
STUDY COMMITTEE
(Senate Resolution 88)
INTRODUCTION
The Senate Retirement Systems and Emeritus Positions Study Committee was created by Senate Resolution 88 adopted at the regular 1965 session of the General Assembly of Georgia. The committee is composed of the following five Senators.
Honorable Julian Webb, Chairman Senator, llth District Honorable William H. Flowers Senator, 10th District Honorable Hugh M. Gillis Senator, 20th District Honorable Ben F. Johnson Senator, 42nd District Honorable Robert E. Lee, Jr. Senator, 47th District
Senate Resolution 88 states that the committee is created "... for the purpose of studying the various retirement systems and emeritus positions, and the laws relative thereto with a view towards determining whether consolidation and abolishment of some might be feasible, and whether the laws relative to such systems and positions need clarification. The committee is also authorized to study the methods of funding such systems and positions, and is authorized to determine whether the actuarial soundness should be improved. The committee is authorized to study all matters relative to the aforesaid systems and positions."
The committee met on numerous occasions and heard from persons represent ing the systems involved, the Governor's Commission for Efficiency and Improve ment in Government, and Bowles and Tillinghast, the actuarial firm which was employed by the Governor's commission to make a study of retirement and emeritus pay systems. The committee wishes to express its appreciation to the following persons who appeared before the committtee, and to all others who assisted it in its study and deliberations.
Mr. M. W. H. Collins, Jr. Staff Director The Governor's Commission for Efficiency
and Improvement in Government Mr. William Ferguson
and Mr. Richard A. Reese
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2865
Bowles and Tillinghast Mr. Bill Ramsey, Secretary-Treasurer Peace Officers' Annuity and Benefit Fund Sheriffs' Retirement Fund of Georgia Mr. C. Ernest McDonald Secretary-Treasurer and Attorney Ordinaries' Retirement Fund of Georgia Mr. W. Frank DeLamar Executive Secretary Employees' Retirement System Mr. F. R. Kendrick, Executive Secretary Superior Court Clerks Retirement Fund Mr. Wesley Rucker Deputy Executive Director Teachers' Retirement System Mr. James Blissit, Treasurer Board of Regents Mr. Ernest Davis State Auditor
RECOMMENDATIONS
Legislation relative to retirement and emeritus systems and the administra tion of such systems are becoming more complicated with the passing of time. Although the committee is making some recommendations for immediate action, there are other aspects of the subject which the committee feels require addi tional study. With these ideas in mind, the committee makes the following recommendations:
(1) Standing committees should be created in the Senate and the House of Representatives and all bills relative to retirement should be referred to these committees. It is hoped that once these committees have been established, prior service be considered in appointing members of the Senate and the House of Representatives to these committees.
(2) All bills relative to retirement should be introduced during the first ten days of the regular session of the General Assembly and each such bill should have attached thereto a fiscal note from the State Budget Officer and the State Auditor as to the cost involved.
(3) An Advisory Committee on Retirement Systems should be created. This committee should have certain permanent duties and would be charged with certain temporary duties such as making some of the studies mentioned above. It is anticipated that this Advisory Committee would have the following func tions and duties:
(a) Study proposed legislation relative to retirement systems and make recommendations thereon to the standing committees.
(b) Make studies and recommendations concerning the groups of employees for which the State should provide retirement benefits and the groups for which local governments should provide retirement benefits.
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(e) Make studies and recommendations concerning the investment objectives of each retirement system.
(d) Make studies and recommendations concerning the desirability of re quiring periodic independent investment appraisals of each system and the feasibility of requiring all systems to contract for periodic actuarial valuation and experience studies.
(e) Make studies and recommendations concerning the advisability of re quiring all decisions on contribution rates, benefit levels and other basic features of retirement systems to be made by the General Assembly rather than by the board of any system.
(f) Make studies and recommendations relative to the basic policies involved in State supported retirement systems.
(g) Make studies and recommendations relative to the feasibility of estab lishing a new, all-embrasive retirement system for future employees.
(h) Make studies and recommendations relative to the advisability of con solidating the administrative functions of all existing systems as well as the pooling, for investment purposes, of the investment funds of all such systems.
(i) Make studies and recommendations relative to ways and means of achieving effective coordination of State and local government retirement systems.
(4) Superior Court Judges should only be appointed as Superior Court Judges Emeritus after reaching a certain specified age and after having served a specific length of time as a Superior Court Judge. If appointed prior to reaching such age or prior to serving such period of time, compensation as an emeritus judge should be reduced.
(5) All emeritus plans as to future personnel should be discontinued.
(6) The granting of credit for legislative service under retirement systems should be discontinued. Credit for military service should only be granted when such service interrupts employment covered by the retirement system and, in any event, should only be credited to those employees who return to their employ ment within six months after their discharge from military service.
(7) The involuntary separation provisions as they relate to future employees covered by the State Employees' Retirement System should be changed so that benefits thereunder will not be paid until the normal retirement age has been attained. If the affected employee so elects, however, such benefits should be received prior to the attainment of such age but in a reduced amount.
(8) Local school retirement systems should be required to assist the State in funding past service liabilities for teachers transferring from such local sys tems to the State Teachers' Retirement System.
(9) Teachers should be allowed to receive credit for teaching service in other states only if such teachers contribute a sum covering both the employer's and employee's contributions for such service, plus interest.
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2867
(10) When the payment of monies from fines and forfeitures to the Peace Officers' Annuity and Benefit Fund is not made by the person or authority whose duty it is to make such payment, provision should be made for the payment of a penalty and interest by such person or authority.
Respectfully submitted,
Senate Retirement Systems and Emeritus Positions Study Committee
/a/ Julian Webb Chairman Senator, llth District
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.
REPORT OF THE INTERIM SCHOLARSHIP STUDY COMMITTEE
Resolution Act No. 99, Approved April 8, 1965 (Ga. Laws 1965, p. 577)
(Senate Resolution No. 64)
THE COMMITTEE
Honorable Lamar R. Plunkett Senator, 30th District Chairman
Honorable Abner Israel Governor's Appointee Albany, Georgia Vice-Chairman
Honorable Chappelle Matthews Representative, Clarke County Secretary
Honorable Paul C. Broun Senator, 46th District
Honorable Mac Barber Representative, Jackson County
Honorable Jimmy Carter Senator, 14th District
Honorable William E. Blair Representative, Sumter County
Honorable R. Eugene Holley Senator, 22nd District
Honorable Wayne Snow, Jr. Representative, Walker County
Honorable Julian Webb Senator, llth District
Honorable Ottis Sweat, Jr. Representative, Ware County
Honorable Milton Carlton Governor's Appointee Swainsboro, Georgia
Honorable H. C. Hearn, Jr. Governor's Appointee Claxton, Georgia
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Honorable Glenn T. York, Jr. Governor's Appointee Cedartown, Georgia
PREFACE:
The Interim Scholarship Study Committee was authorized by Senate Resolu tion No. 64, sponsored by Senator Carter of the 14th District, and Senator Plunkett of the 30th District. Under the provisions of the resolution, the Committee was composed of five members of the Senate appointed by the Lieutenant Governor, five members of the House of Representatives, appointed by the Speaker, and five other citizens of this State appointed by the Governor. Members of the Committee are:
HOUSE MEMBERS
Chappelle Matthews Representative, Clarke County
Mac Barber Representative, Jackson County
William E. Blair Representative, Sumter County
Wayne Snow, Jr. Representative, Walker County
Ottis Sweat, Jr. Representative, Ware County
SENATE MEMBERS:
Lamar R. Plunkett, Chairman Senator, 30th District
Paul C. Broun Senator, 46th District
Jimmy Carter Senator, 14th District
GOVERNOR'S APPOINTEES:
Milton Carlton Swainsboro, Georgia
Abner Israel Albany, Georgia
H. C. Hearn, Jr. Claxton, Georgia
Glenn T. York, Jr. Cedartown, Georgia
Mrs. Hazel Lewis Columbus, Georgia (Resigned October 18, 1965)
Julian Webb Senator, llth District
R. Eugene Holley Senator, 22nd District
The Interim Scholarship Committee was authorized to:
(a) Make a comprehensive study as to whether or not the funds presently being requested and appropriated are sufficient to administer and enforce the present constitutional amendments and laws authorizing the granting of scholar ships or loans, or both;
(b) Study the administration and enforcement of the present laws relative to constitutional amendments and laws authorizing the granting of scholarships or loans, or both;
(c) Consider the need for additional legislation relating to constitutional amendments and laws authorizing the granting of scholarships or loans, or both;
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2869
(d) To study and determine whether or not the constitutional provisions and laws of the State of Georgia relative to authorizing the granting of scholarships or loans, or both, are adequate, and if such laws are not adequate, to recommend new legislation for an effective scholarship and loan program in the State of Georgia that can be administered from a State level;
(e) Make recommendations as to whether or not the administration of the various programs authorized by constitutional amendments and laws should be consolidated;
(f) Recommend ways and means of promoting the granting of scholarships or loans, or both, so that all qualified citizens of this State who so desire may obtain a formal education;
(g) To make such other inquiries, studies and investigations that may be necessary to effectively carry out the purposes of this resolution.
In order to complete these assigned tasks the full Committee has met for 11 days, and some subcommittees have met for one or two other days with representatives of the various colleges and universities throughout our State. Testimony was requested and received from the representatives of the organiza tions named below, all relating to the existing scholarship and student aid pro grams and to the needs of our State for improvements in these programs:
1. The Georgia Higher Education Assistance Corporation 2. The State Scholarship Commission 3. The State Teachers Scholarship and Recruitment Program 4. The State Regents Scholarship Program 5. The Teachers-in-Service Grant-in-Aid Program 6. Vocational Rehabilitation Scholarship Program 7. Alcohol Education Scholarship Program 8. The State Medical and Dental Scholarship Program 9. The Department of Public Health Employees Scholarship Program 10. The Department of Family and Children Services Employees
Scholarship Program 11. The Department of Labor Employees Scholarship Program 12. The State Budget Officer
13. The State Department of Education, Division of Guidance, Counseling and Testing
14. President, Georgia Southwestern College 15. President, Columbus College 16. President, Albany Junior College 17. Director of Student Aid, Georgia State College
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18. Director of Student Aid, University of Georgia 19. Director of Student Aid, Georgia School of Technology 20. Director of Student Aid, DeKalb Junior College 21. Dean of Students, Albany State College 22. Registrar, Valdosta State College 23. Registrar, Andrew College 24. High School Counselor, Macon County School System 25. High School Counselor, DeKalb County School System 26. President, Brunswick Junior College 27. Dean of Students, Savannah State College 28. President of South Georgia College
In addition to the information received from the sources listed above, the Committee also attended a Southeastern Regional Seminar at which the new Federal Higher Education Act of 1965 was explained.
Further, letters were written to all of the Georgia banks which were not participating in the new student loan program requesting that they participate or that they furnish the Committee with suggestions for improving the loan program.
After collecting information from these sources the Committee has prepared the following report which will be delivered to the members of the General Assembly and to other persons responsible for scholarship and student-aid programs in Georgia.
GENERAL STATEMENT OF FINDINGS:
The increasing costs of higher education has made imperative financial assistance for many of our able students. In the South basic student charges covering tuition, room and board range from an average of $636.00 at public junior colleges to $927.00 at State universities. They ranged from $980.00 at private junior colleges to $1,673.00 at private universities. When additional necessities such as clothing, transportation and other expenses are added to these basic costs, it becomes obvious that going to college costs at least $1,000.00 annually, even under the most frugal conditions. It is estimated that the average cost is $1,480.00 at public institutions and $2,240.00 at private colleges.
The increasing costs of higher education in Georgia and throughout the na tion and the vital necessity of providing higher educational opportunities for our qualified citizens has long been recognized by our State government. Since the adoption of the 1945 Constitution of Georgia, eleven amendments have been approved by our people to Article VII, Section I, Paragraph II of the Constitution relating to the granting of scholarships and loans to Georgia students, as follows:
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(a) Authorization of scholarships for medical students who agree to practice medicine in the small communities of Georgia;
(b) Authorization of scholarships by the Board of Regents for students of exceptional ability who lack funds to pursue their education;
(c) Authorization of scholarships by the State Board of Education for stu dents who wish to become teachers;
(d) Authorization for State departments and agencies to use State funds to match Federal funds for scholarships for qualified employees;
(e) Authorization for repayment of scholarship grants by service at Milledgeville State Hospital;
(f) Authorization for granting of scholarships for training in the field of mental health;
(g) Authorization for repayment of scholarship grants by service at prisons or training camps operated by the State Board of Corrections;
(h) Authorization for the creation of a State Scholarship Commission to grant scholarships in paramedical, professional and educational fields;
(i) Authorization for a program of guaranteed student loans;
(j) Authorization for scholarships for dental students;
(k) Authorization for items (e) and (g) to be retroactive in effect.
In addition to these programs, specifically authorized in the Georgia Con stitution, an extensive program of grants-in-aid for in-service training of teachers is in operation, a limited program of scholarships for alcohol education exists, many private scholarships are available through individual colleges, and the Federal NDEA Loan Program is in general use.
Because of the multiplicity of different scholarship and loan programs, it might be expected that the needs of Georgia's students are being met satis factorily but this has not been found to be true. In addition to the many in dividual colleges, the student financial aid programs are being administered by several different State organizations. Furthermore, there is no co-ordinated system of disseminating information about the student aid programs to the students in our State. Many qualified and needy students apparently do not know about the financial aid available to them.
SPECIFIC FINDINGS AND RECOMMENDATIONS:
1. Multiplicity of programs: Findings:
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The major programs of student-aid now being financed at least in part by State funds are listed below:
Name of Program State Teachers
Scholarship Health, Education and Temperance Scholarships Teachers In-service Grants-in-Aid Regents Scholarships Medical and Dental
Scholarships State Scholarships State Students Loans
Vocational Rehabilitation Scholarships Exceptional Children
Administrative Agency Dept. of Eduction
Dept. of Education
Dept. of Education
Board of Regents Medical Education Board
State Scholarship Comm. Ga. Higher Education Assistance Corporation
Dept. of Education
Approximate Annual Appropriation
$600,000.00
9,900.00
400,000.00
200,000.00 136,570.00
225,000.00 150,000.00
7,312.00
Teachers Scholarships Employees-in-Service Scholarship (Welfare) Employees in-Service Scholarship (Public Health)
Dept. of Education Dept. of Family and Children Services
Dept. of Public Health
Federal Funds Only 71,200.00
631,785.00
It should be noted that the Employees In-Service Training Program of the Department of Public Health and the Department of Family and Children Services are authorized by the Georgia Constitution under a matching program with the Federal government and are subject to general rules established on a nationwide basis by the United States Department of Health, Education and Welfare. In addition some of the scholarships available for the Exceptional Children Teachers Program and for Vocational Rehabilitation counselors are presently financed by Federal funds.
Testimony has indicated that the administrators of all these programs are quite willing to continue fulfilling their present responsibilities. There was, however, some evidence of duplication of effort and a very serious lack of cooperation between the student aid programs in assuring that all qualified citizens of our State receive information about the availability of student aid funds. This duplication and lack of cooperation was particularly evident among the Teachers Scholarship Program and the Regent Scholarship Program, the State Loan Program, and the State Scholarship Program in the paramedical, professional and educational fields. All of these programs provide funds primarily for undergraduate students.
Recommendations:
That a single constitutional amendment be passed and submitted to the people of Georgia for approval providing authorization for a co-ordinated scholar ship and student aid program for our State, the details of which will be established by legislative acts. All existing detailed provisions of the Georgia Constitution
INTERIM COMMITTEE REPORTS
2873
concerning scholarship and loan programs will be repealed. With appropriate enabling acts, this action will permit the elimination of costly duplication of effort and will provide for necessary flexibility in meeting the rapidly changing needs of higher education in Georgia. In the meantime it is recommended that other corrective actions itemized below in this report be taken.
In the preparation of the enabling acts the adminstrators be fully consulted in order that desirable existing provisions be retained in the state; and further, it is recommended by this committee that the provisions of the enabling acts the Medical and Dental Scholarship Program be continued as it presently exists.
2. Dissemination of Information: Findings:
Early in the fall of their senior year in school seniors must make an almost irrevocable decision as to whether or not they will attend college. At this time they order the college board entrance examinations, which are ordinarily adminis tered in December. It is important that, prior to the time of this decision, Georgia students be thoroughly familiar with the full program of scholarships, loans, and student work assignments which can help them to pay their college expenses. If a student does not know about these programs of financial aid, then for all practical purposes they are unavailable to him. At the present time this informa tion is given to Georgia high school students through the student high school counseling program, at "college day" meetings, and by individual colleges after the student has applied for admission. In addition, some publicity is given through newspapers, radio and television.
Unfortunately, the student aid programs in Georgia are administered by so many different bodies and with such widely different rules and regulations and procedures that it is almost impossible even for a trained counselor to understand what is available. The programs are continually changing with the State and Federal governments providing funds on an interrelated basis. Many student counselors work on a part-time basis, and more than 35% of Georgia high school students are not receiving the services of a trained counselor. Many students do not attend the college day programs. One counselor stated that of the 75 high school seniors in her school, only two attended the most recent annual college day program. There is some evidence that the high school counselors are auite well acquainted with the State Teachers Scholarship Program but that information on other programs is lacking, There is certainly no central source of information to which a student can turn and neither is there a central source of information for high school counselors. It is, therefore, obvious that complete information about all of Georgia's student aid programs is not now available to many high school students.
Recommendations:
That appropriate legislation he prepared to provide that one central State agency be responsible for assuring that complete information be disseminated to high school students early enough for them to utilize this information in planning for their post high school careers. It is recommended that this agency be the State Scholarship Commission. It is further recommended that the State Super intendent of Schools be made a member of this Commission so that more complete cooperation may be obtained between the central agency and all the high school counselors and principals in our State. It should be provided that detailed informa-
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tion concerning all of the student aid programs, both public and private, be furnished to the State Scholarship Commission. This Commission should have an adequate staff in order to provide these important services. A simple mailing address should be devised for the convenience of counselors and students, such as "Scholarships, Atlanta, Georgia". Every possible medium of publicity for the State's financial programs should be utilized, such as newspapers, radio, television, PTA organizations, Georgia Education Association, personal visits by the State Scholarship Commission's staff members and by other public officials who are interested in these programs.
3. Uniformity of Programs: Findings:
In addition to the lack of adequate information now being provided to the prospective student-aid recipient, there is no standardization of qualifications for aid, nor are there standard forms in use for determining the student's academic qualifications, desired field of study, college preference, cost of higher education, or the student's ability to pay. This aggravates an already unsatisfactory situation by making it difficult for the student to know how to qualify for assistance at a time when he does not even know what assistance is available. Furthermore, some of the existing scholarship programs are very liberal in their granting of funds while others are quite restrictive. The interest charges, when repayment of scholarships are made in cash, are computed by different methods among the scholarship programs in the state and the interest rates vary. There is some evidence also that some of the scholarship funds are not made generally available to all students in Georgia but that some preference is made to some particular high schools or students.
Recommendations:
That all applications for Regents Scholarships, State Teacher Scholarships, State Scholarships, and State and Federal loans be made on a standard set of forms which would adequately describe the academic qualifications of the student, his preference as to the college and course of study and the financial ability of the student and his family. It is further recommended that one of Georgia's several computer centers in the University System be assigned the contract for processing these applications and for determining the best method of filling the needs of the scholarship and loan applicants. The initial application should be processed by the staff of the State Scholarship Commission, and when necessary the processed application may then be forwarded to the appropriate institution or agency. A specific time schedule of handling scholarship and loan requests on a statewide basis must be devised to assure timely delivery of information and processed applications to everyone concerned.
Further, steps should be taken to assure that the benefits of scholarship and loan programs and the repayment of interest be made uniform.
4. Financing of State Student Aid Programs: Findings:
There has never been any concerted effort made to determine the relative need in the many areas of student scholarship and loan programs. The increasing factor of Federal participation requires a constantly changing assessment of relative needs of the different programs.
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2875
Recommendations:
A coordinated budget should be prepared on the basis of need for future graduates in the various fields of study and on the basis of present commitments already made to students in the scholarship program. This budget should be prepared with the cooperation of the administrators of all the programs now in existence, prior to the submission of the budget for the next biennial. Consideration should be given to the full utilization of scholarships from private sources, and
also federal loan funds by authorizing the state to match available NDEA funds and all other federal loan or grant programs. If necessary, constitutional au thorization for these state-federal matching programs should be provided.
It is recommended that in future appropriation bills, funds for scholarships, loans and employee training programs be listed as separate line items.
5. Lack of Scholarship Funds at Certain Colleges: Findings:
Although student aid funds are in short supply at colleges in the University System, the most drastic need for scholarship funds is in the private colleges of our State. It should be remembered that a Georgia student can be educated at a private college for a lower net cost to the State than in a State-supported institu tion. Therefore, it seems to be a good investment to provide scholarship and loan funds for students attending colleges other than the University System. Testimony indicates that private institutions and also the new DeKalb Junior College do not receive the benefits of several major scholarship programs which are available within the University System.
Furthermore, benefits of some state aid funds are not available to our newly established colleges which are in good standing but have not yet met the threeyear operational requirement which is a prerequisite for full accreditation.
Recommendations:
That wherever permissible by law, scholarship and loan funds be made available to students to attend either colleges in the University System or other colleges which provide acceptable courses in the desired fields of study.
It is specifically recommended that the Teachers Scholarship be available to students attending any college which offers approved courses of study adequate for the certification of Georgia teachers, or which will be accepted for transfer by an approved senior college.
Furthermore, the benefits of State aid funds should be extended to our newly established colleges which are in good standing but not yet eligible for accredita tion because of the three-year operation requirement which is a prerequisite of full accreditation.
6. Amendments to Senate Bills 7 and 8: Findings:
Senate Bills 7 and 8 providing for State scholarships and loans were passed by the 1965 General Assembly and have now been in effect for several months.
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According to testimony received by this Committee several minor amendments are necessary to improve the effectiveness of the Georgia Scholarship Commission and the Georgia Higher Education Assistance Corporation. A new Federal law, the Higher Education Act of 1965, has been passed and it includes several minor requirements not met fully in the two new State laws. Furthermore, operational experience has revealed several deficiencies in the new laws.
Recommendations:
(a) That the Higher Education Assistance Corporation be designated a State agency and that if necessary its name be changed to permit legal allocation of State funds to this body;
(b) That the maximum loan authorized for the freshman year be increased from $900 to $1,000 (to conform with the Higher Education Act of 1965) ;
(c) That the corporation be authorized to contract with the Federal govern ment in order to secure the benefits of the new Federal guaranteed loan program for our students and colleges;
(d) That the State Superintendent of Schools be included in the membership of the Georgia Scholarship Commission and the Georgia Higher Education Assistance Corporation;
(e) That the President of the Georgia Bankers Association be included as an ex-officio member of the Georgia Higher Education Assistance Corporation;
(f) That the present provision concerning loan insurance be deleted from the law so that banks may be spared this extra responsibility which they have declared to be onerous;
(g) That the Georgia Scholarship Commission and the Georgia Higher Edu cation Assistance Corporation be authorized to select and employ their executive director and other staff personnel with budgetary limitations, and that such staff personnel be included within the State Merit System.
7. The Georgia State Teachers Scholarship Programs: Findings:
Evidence received by the Committee indicates that this is a well financed program administered in an enthusiastic manner primarily for the purpose of teacher recruiting among the superior high school students of our State. Student counselors and high school teachers seem to be better informed about this program than about any other of the scholarship and loan programs in the State. There is at the present time an annual budget allotment of $600,000 providing an average of about $840 in scholarships for approximately 950 students per year. The scholarship grants may be repaid by serving as a Georgia teacher, one year for each $1,000 received in aid. Unlike all other scholarship programs there is no requirement that the grants be supplemented by family financing or student work but the scholarships are often supplemented by NDEA loans. Under present regulations, a student must work for a T-4 certificate and upon graduation must teach in a State elementary or secondary school. If the student does not repay the grant by teaching, then repayment is required in cash with interest added
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from the time of departure from college. There is no requirement that teaching be in an area of need, either geographically or in the field of study.
Recommendations:
That prior to the passage of major constitutional amendments concerning the scholarship programs, this program be continued with the provision that it be closely coordinated with the other financial aid programs of the State. It is recommended specifically that:
(a) Initial application and screening of scholars be conducted through the Georgia Scholarship Commission. This need not interfere with the recruitment program or the final approval of the scholarship recipient by the State Depart ment of Education. It will permit wider availability of these choice scholarships to more Georgia students;
(b) Interest rates and cash repayment requirements be made the same as in other scholarship programs; that is, with interest beginning at the time of receipt of the grant and not at the time the student completes or leaves college. This would, of course, apply only if the student did not fulfill the teaching re quirements;
(c) Scholarships be granted in particular fields of study where need exists as determined by the State Department of Education. This will avoid a preponderant number of scholarships going to future teachers in a field of study where a shortage of teachers does not exist;
(d) Scholarships be made available as was done formerly to students desiring to teach in colleges as well as in elementary and secondary schools;
(e) Students should be required to supplement the scholarship grants with a maximum amount of contribution in family financing and in student work study, as is required in all other Georgia scholarship programs. This would make the benefits of these desirable scholarships available to more Georgia future teachers.
8. Teacher In-Service Grant-in-Aid Program: Findings:
This program is financed by an annual appropriation of approximately $400,000, and has developed over a period of years since 1958 without any specific constitutional authorization. Originally the grants were only for science teachers but now there seems to be no practical limitation on the fields of study. The grants are for summer study, with an average of about $400 being paid to each of approximately 1,000 teachers. A number of grants are made to the school systems in Georgia on the basis of the number of professional employees and also past utilization of grants under this program. Recipients, in order to be eligible, must hold a T-4 certificate prior to commencing summer work, must take graduate courses, must maintain a "B" average in each course, and must not at the same time be receiving financial grants of any other State or Federal funds. There is no specific legal authorization for this program other than appropriations and this committee has doubt as to its constitutionality since there is no constitu tional provision authorizing such expenditure and since no method of repayment
is required.
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Recommendations:
That legislation be passed incorporating the provisions of this program into law. It is recommended that the law contain the following provisions:
(a) That recipients of the grant must teach in the particular field of study pursued during the summer session for which the grant is made (except as provided in (e) below), and that the student must take all available required courses in the field of study before being authorized to take minor or elective courses;
(b) That recipients be required to teach for a prescribed length of time in Georgia schools or colleges in lieu of repayment of the grant;
(c) That prior utilization of grant funds be eliminated as a factor in distri buting the in-service grants to school systems, except that priority might be given to systems which have not used the program in the past and demonstrate a greater need of in-service training for its personnel;
(d) That grants be made available to those already teaching who do not hold a T-4 certificate;
(e) That grants be made available for education courses to those who are otherwise qualified but do not hold a T-4 certificates;
(f) That provisions be included in the bill relating to the teaching grant-inaid program to encourage the use of the program for promoting further study in areas of particular need, such as teaching retarded children and teaching foreign languages, by way of illustration and not of limitation;
(g) That grants-in-aid also be authorized for college teachers to be adminis tered by the Georgia Scholarship Commission.
9. Regent Scholarships:
Findings:
The Regents Scholarship Program is authorized by the Georgia Constitution in order to permit superior students to receive scholarships on the basis of financial need while attending one of the colleges of the University System. About $200,000 per year is appropriated for this purpose, and it is allocated among the institutions of the University System according to the resident student en rollment. The program is then administered by the individual colleges themselves within broad guidelines established by the State Board of Regents. Although the State Scholarship Commission is authorized to grant scholarships and loans to the same type of student covered by this program, representatives of the colleges in the University System expressed their opinion that this program is desirable because scholarship funds are distributed evenly among the various units of the system, and that it is convenient for them to be able to dispense the scholarship funds locally.
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Recommendations :
That provided the present Regents Scholarship Program is combined with the overall State Scholarship Program that certain desirable features be included as follows:
(a) That outstanding Georgia students be suitably recognized without regard to financial need, and that these superior students be designated as "Governor's Scholars" or "Regents' Scholars";
(b) That a portion of the total scholarship funds available to Georgia students be allocated to each of Georgia's colleges on the basis of their resident student enrollment, and that final allocation of the funds be at the local college level. In any case the initial screening of applicants should be conducted by the Georgia Scholarship Commission.
Other Recommendations:
(a) That steps be taken within the State Department of Education to co ordinate more closely programs of providing scholarships in the fields of vocational rehabilitation and education of exceptional children;
(b) That a provision be made, constitutional or otherwise, for transfer of a scholarship recipient from one approved field of study to another approved field without having to repay scholarship funds received. For example: after studying for a given length of time under a teacher scholarship program where the funds may be repaid by service, the student may decide to transfer to the field of nursing. Under existing law the scholarship funds advanced to the student would have to be repaid in cash, although both teaching and nursing are considered critical fields of study eligible for State scholarship funds;
(c) That some relief be sought for junior colleges to permit the earlier re payment of NDEA loans. This problem results from the fact that junior colleges now have to wait an additional two years to receive repayment of these loans while the student completes his education at a senior college and that repayment is not required to begin until his senior college course is completed;
(d) That the different student-aid programs within each college be con solidated whenever possible within a single office. According to testimony received by the Committee some colleges within the University System have completely separate administrative bodies for the scholarship program, the loan program, and the student work program;
(e) That every effort be made to encourage all banks and other lending institutions to participate actively in the student loan program;
(f) That the State Scholarship Commission formulate necessary rules and regulations to permit solicitation of private scholarship contributions, that their tax-free status be assured, and that arrangements be made for dissemination of these private scholarships in accordance with the requests of the donors;
(g) That steps be taken to assure that students receiving loans from banks and other lending institutions are actually enrolled in the colleges prior to receiv-
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ing the loan funds, and that banks and other lending institutions be encouraged to make the loan at the time the student actually needs the funds.
The Committee wishes to express its appreciation to all those who appeared before the Committee during their deliberations. The Committee particularly expresses its appreciation to the department officials and department personnel of the Board of Regents of the University System of Georgia, the State Board of Education, the Department of Public Health, the State Department of Family and Children Services, the Department of Labor, and other officials and personnel administering the various scholarship and educational loan programs.
The Committee expresses its appreciation to the staffs of the Office of Legislative Counsel and the Budget Bureau for their most able assistance. The information compiled by the Committee has been left with the Legislative Counsel for use by any committee subsequently created to study the scholarship and edu cational loan programs existing in the State of Georgia or other related studies and for the use of other interested persons.
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA, AND OTHER INTERESTED PERSONS.
REPORT OF THE JOINT COMMITTEE TO STUDY ALL MATTERS CONCERNING THE RELATIONSHIP BE TWEEN THE COSTS INCURRED BY THE STATE GOV ERNMENT AND THE COSTS INCURRED BY LOCAL GOVERNMENTS IN OPERATING THE PUBLIC SCHOOLS OF THE STATE OF GEORGIA:
House Resolution No. 238
1965 Regular Session of the General Assembly of Georgia
Resolution Act No. 68, Approved April 1, 1965
(Ga. Laws 1965, p. 505)
THE COMMITTEE
Honorable David L. Newton Representative, Colquitt County Chairman
Honorable Jimmy Carter Senator, 14th District Vice-Chairman
Honorable Oby T. Brewer Governor's Appointee Representing the Georgia School Board Association Secretary
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2881
Honorable Edward S. Kendrick Senator, 32nd District
Honorable Dan I. Maclntyre, III Senator, 40th District
Honorable John Thomas McKenzie Senator, 17th District
Honorable Robert A. Rowan Senator, 8th District
Honorable Hines L. Brantley Representative, Candler County
Honorable Robert H. Farrar Representative, DeKalb County
Honorable Thomas T. Irvin Representative, Habersham County
Honorable Milton Jones Representative, Muscogee County
GOVERNOR'S APPOINTEES
Honorable Ernest W. Barrett
Honorable Jack A. Leroy
Representing the Georgia Association Representing the Georgia Municipal
of County Commissioners
Association
EX-OPFICIO MEMBERS
Honorable Ernest B. Davis State Auditor
Honorable Wilson B. Wilkes Director, State Budget Bureau
Dr. Alien C. Smith Associate State Superintendent of Schools Representing the State Department of Education
December 11, 1965.
INDEX
Majority report of the Joint Committee to study all matters concerning the relationship between the costs incurred by the State Government and the costs incurred by Local Governments in operating the public schools of the State of Georgia, creating pursuant to House Resolution No. 238, Adopted at the 1965 regular session of the General Assembly of Georgia
[Resolution Act No. 68, approved April 1, 1965 (Ga. Laws 1965, p. 505)]._..
Introduction --_,,.--_.--.-__,,-,,___--.-____--._..-___...,,___..,,__,,__,,..,,._,,...___._....___.__
General Statement of Findings ..-____.._.__.,,__....___.._,,_....._....,,._.____.._,,._.
Specific Findings and Recommendations:
I. The division of school costs between the State government and local school systems .,,__..__._..
II. The division of total required local effort among the 196 school systems of Georgia _.___.--._..____._...___
III. The division of required local effort among the various taxpayers within each individual school district --_-_--_,,__--_____._______,,_______
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IV. The method of assessing public utility property for tax purposes -___....--_.,,--_...,,
Acknowledgments __..__......_.__._.___-.______.....__._.....___..._..__.,,_._._...____,,_.__.._...
Minority report of Hines L. Brantley, Representative, Candler County, memher of the Joint Committee to study all matters concerning the relation ship between the costs incurred by the State Government and the costs incurred by Local Governments in operating the public schools of Georgia .._...
Report of the House Committee to study all matters concerning the relationship between the costs incurred by the State Government and the costs incurred by Local Governments in operating the public schools of the State of Georgia ______...._.___......__.____,,______.__-______--,,___--._____,,..__...,,.._.--_..-_-.,,.--_.,,--..
Introduction ___._...__....__.._...._.,,._,,_....__.....___.____...,,--..__.........,,.--,,...
Extent of work -..--.._...-._...__-...,,_.-_,,__--.____........_...-._.....-........_....._-..__--...
Conclusions _._..._.-.__.-.-__,,,,-._.----__..._.-_,,,,_-..,,,,--..._,,--..,,_--...--.,,.,,._--_
Report of the Senate Committee to study all matters concerning the relationship between the costs incurred by the State Government and the costs incurred by Local Governments in operating the public schools of the State of Georgia ___,,--.-__.--_._--_.--__---_--__------.--__----_,,_.--__,,--,,_.
Introduction .__.--.._-___.._----,,---_--__.--__---,,_.--___,,,,-_----___--___
Extent of work --__,,_..-___,,-_--_-_--_------_-_---__---__------_---.-,,---,-----,,.
Conclusions _._,,___,,..____--_____-_,,--_-------_----_.------,,-----_....,,--_.----_.
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 JOINT COMMITTEE TO STUDY ALL MAT TERS CONCERNING THE RELATIONSHIP BETWEEN THE COSTS INCURRED BY THE STATE GOVERNMENT AND THE COSTS INCURRED BY LOCAL GOVERNMENTS IN OPERATING THE PUBLIC SCHOOLS OF THE STATE OF GEORGIA.
INTRODUCTION:
At the 1965 regular session of the General Assembly of Georgia, House Resolution No. 238-657 was adopted by the Georgia Senate and the House of Representatives. This resolution authorized the establishment of a joint committee consisting of five members of the House of Representatives appointed by the Speaker of the House, five members of the Senate appointed by the Lieutenant Governor, and other members as follows: The State Auditor, a representative from the State Department of Education, The State Budget Officer, a representa tive of the Georgia School Boards Association, a representative of the Georgia Association of County Commissioners, and a representative of the Georgia Municipal Association.
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2883
Members of the Committee were:
HOUSE MEMBERS:
David L. Newton, Chairman Representative, Colquitt County
Hines L. Brantley Representative, Candler County
Robert H. Farrar Representative, DeKalb County
Thomas T. Irvin Representative, Habersham County
Milton Jones Representative, Muscogee County
SENATE MEMBERS:
Jimmy Carter, Vice Chairman Senator, 14th District
Edward S. Kendrick Senator, 32nd District
Dan I. Maclntyre, III Senator, 40th District
John Thomas McKenzie Senator, 17th District
Robert A. Rowan Senator, 8th District
EX-OFFICIO MEMBERS:
Ernest B. Davis State Auditor
Dr. Alien C. Smith Associate State Superintendent
of Schools
Representing the State Department of Education
Wilson B. Wilkes Director, State Budget Bureau
GOVERNOR'S APPOINTEES:
Oby T. Brewer, Jr., Secretary Representating the Georgia School
Boards Association Atlanta, Georgia
Ernest W. Barrett Representating the Georgia Association
of County Commissioners Marietta, Georgia
Jack A. Leroy Representating the Georgia
Municipal Association Ailey, Georgia
The purpose of the Committee was to study all matters concerning the relationship between the costs incurred by the State government and the costs incurred by local governments in operating the public school systems of Georgia. The Committee was authorized to study and analyze all matters that had a bearing on this subject, either directly or indirectly, including but not limited to: deter mining a fair and realistic method of measuring the financial ability of local governments; an analysis of the tax structure of local governments, including the basis of taxation used by such governments; and the powers of taxation of State and local governments and other matters relating thereto. In order to complete these assigned tasks, the full Committee has met pursuant to its authority, and some subcommittees have met as assigned to prepare details of this report based on evidence received by them. Testimony was requested and received from of ficials and personnel of the following:
The State Department of Audits and Accounts; State Budget Bureau; State Board of Education; State Department of Education; State Department of Revenue; Property Tax Unit, State Department of Revenue; Motor Vehicle
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(Tag) Unit, State Department of Revenue; Public Service Commission; Institute of Government, University of Georgia; Georgia School Boards Association; Georgia Association of School Superintendents; Association of County Commis sioners of Georgia; Georgia Municipal Association; Georgia Education Associa tion; Property Tax Division, Southern Railroad System; and Property Tax Division, Southern Bell Telephone & Telegraph Company. Dr. R. L. Johns, Head of the Department of Educational Administration, University of Florida; and Mr. Alex Johnson, Cole-Layer-Trumble Company; also appeared at the request of the Committee and rendered valuable advice to the Committee relative to its studies.
After collecting information from these sources and from the subcommittees organized to prepare reports on specific subjects, the Committee has prepared the following report:
GENERAL STATEMENT OF FINDINGS:
The financing of Georgia public school systems is a major responsibility of both the State government and of our local school districts. The total costs are increasing rapidly and several changing factors described in this report require a reexamination of the basic division of school tax support (a) between the State and local governments; (b) between the 196 school systems of Georgia; and (c) among the various taxpayers within each individual school district.
According to the most recent data available to this Committee of total school costs in Georgia, approximately 31% came from local tax sources, about 63% came from State sources, and 6% came from Federal taxes. Most of the Federal tax funds are now used to supplement local funds in so-called impacted areas where large Federal military bases are located, and to provide assistance for the cost of vocational education.
The new Elementary and Secondary Act of 1965 will provide increasing Federal funds to strengthen the public school programs in areas of low income and to provide for educational programs not now being offered in Georgia, but under this law Federal funds cannot replace local or State money now being spent on education. Therefore, the major responsibility for financing the general edu cation system in our State will remain on the State and local governments.
The new Minimum Foundation Program of Education Act approved January 24,1964 (Ga. Laws 1964, p. 3), as amended, hereinafter referred to as SB No. 180, is resulting in improvement in the quality of education in our State, and a com mensurate increase in school costs. Prior to the passage of SB No. 180, the State paid 85% of the Minimum Foundation costs and the local system collectively paid 15%. This year the ratio is 84:16, and the local effort is scheduled to increase 1% each year until it reaches 20%. With the expanding school enrollment and a more elaborate Minimum Foundation Program, this local effort will, therefore, be 20% of a much large total amount.
Another significant factor is the inauguration of a new formula for measur ing the ability of each local school system to pay its fair share of the total local effort. Based on local property evaluation, because this is the major source of local tax revenue, it is theoretically an accurate method of measuring ability to
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2885
pay, but the change from the old "economic index" formula has caused a large increase in required local effort for some school systems which had been considered relatively poor under the old formula. Also property reevaluation programs now completed or in process in 95 counties in Georgia may result in a greatly reduced tax burden on utility companies, and this burden will of necessity be transferred to local taxpayers.
It should also be remembered that required local effort and the 80:20 formula apply only to a minimum program of education and there are many additional costs of the school program which are actually required although they are some times referred to as "enrichment" programs. In general the costs of these "en richment" programs must be borne entirely by the local school system. During the current year, for instance, the local school systems are raising approximately $100 million for school purposes, of which $40 million is the required local effort to support the Minimum Foundation Program, and the additional $60 million is used for "enrichment" programs. This $60 million is primarily raised and applied in the large school systems. As a matter of fact, a major portion of the "enrich ment" expenditures goes for essential items such as transportation costs, and maintenance and operations costs, and teachers salaries supplements which are not provided for adequately in the Minimum Foundation Program.
Higher academic standards which will be required for Georgia schools, sched uled increasing costs of the Minimum Foundation Program and an apparently unequal distribution of tax burden among local property owners have already resulted in excessive taxes being levied on some taxpayers in our State. It must be remembered that for all practical purposes the full weight of local school financing has fallen on property owners.
There is one further restriction which is causing some problem in financing local school costs, and that is, under Georgia law, county school tax millage cannot exceed 20 mills unless the taxpayers, by referendum, approve a higher tax. Local school officials are understandably reluctant to make this proposal to their constituents, and about one-half of Georgia's counties are already levying the maximum 20 mill school tax.
The problems outlined above should be tempered by the fact that the total value of real and personal property in Georgia is about $20 billion, so that a 5 mill tax levy on the actual market value, if applied uniformly, would produce the $100 million now being raised to finance the local cost of education in our State.
The recommendations which follow in this report describe steps which should be taken to promote educational excellence in our State by providing a fair and uniform system of taxation.
SPECIFIC FINDINGS AND RECOMMENDATIONS:
I. The division of school costs between the State government and local school systems.
2886 FINDINGS:
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Under the Minimum Foundation Program of Education in Georgia as defined by SB No. 180, the costs are now divided so that the State government pays 84% of the total and the combined local school districts pay the remaining 16%. Of the total approximate State revenues, 46% are derived from sales tax; 25% from income tax; 16% from excise taxes; 5% from the sale of automobile tags; and 8% from miscellaneous sources. Of the local revenues, more than 90% are derived from ad valorem taxes on property.
One of the provisions of SB 180 is that the combined local effort to finance the Minimum Foundation Program of Education shall increase by 1% each year until the local portion reaches 20%.
Because of rapidly increasing taxes on property in our State there have been some suggestions that the required local effort derived from property taxes be reduced or maintained at the present level and not increased further. However, it should be remembered that under the Minimum Foundation Program of Edu cation the total required local effort provides the funds used to equalize educational opportunities for children who live in school systems of our State having widely varying abilities to finance the Minimum Program.
Furthermore, the present Minimum Foundation Program of Education in our State does not provide an adequate program of education. There are many mandatory costs which are now being financed completely by the local school systems. For instance, very few, if any, school systems can provide adequately for transportation of its pupils by using only the funds authorized under the Minimum Foundation Program of Education formulas. Costs of maintenance and operation of school buildings are more than $1,000 per teacher in our State but under the present law only $450.00 per teacher is allotted for this purpose. Also all local systems provide some salary supplements. All of these costs not included in the Minimum Foundation Program of Education and several others must be financed completely by the local governments without assistance from the State. The inadequacy of the Minimum Foundation Program of Education in our State results in a perpetuation of differences in educational opportunities for school children. Although objections have been raised to the scheduled gradual increase in total local efforts, it is interesting to note that the average local school district in the United States pays 54% of total school costs compared to 31% in Georgia.
RECOMMENDATIONS:
1. That the provisions of SB No. 180 requiring an increase in required local effort from 16% to 20% be retained in effect. This will help to guarantee more equal educational opportunities for the children of our State who live in local school systems with widely varying abilities to pay for education. To illustrate the effect of this recommendation, the following example was given:
Assuming two counties having an equal number of children, but with county No. 1 having only 20% as much taxable property as county No. 2, both counties levying 20 mills for school purposes:
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Children Property value (assessed) School millage School tax funds, total Amount per child, total
County No. 1
County No. 2
10,000
10,000
$15,000,000.00
$75,000,000.00
20
20
$ 300,000.00
$ 1,500,000.00
$
30.00
$
150.00
(Difference $120.00)
Problem No. 1: Minimum Foundation Program of Education $240.00 per child -- 85-15 ratio
For both counties combined:
Total Minimum Foundation Program of Education -- $4,800,000 -- Local $720,000 -- State $4,080,000
County No. 1
County No. 2
Required local effort from county
$ 120,000.00
$ 600,000.00
Enrichment funds available in county
$ 180,000.00
$ 900,000.00
Minimum Foundation Program of Educa
tion funds to county
$2,400,000.00
$2,400,000.00
Total available per child
$ 258.00
$ 330.00
(Difference $72.00)
Problem No. 2: State effort increases 40% 80-20 ratio
For both counties combined:
Total Minimum Foundation Program of Education = $7,140,000 -- Local $1,428,000 -- State $5,712,000
Required local effort from county Enrichment funds available in county Minimum Foundation Program of Educa
tion funds to county Total available per child
County No. 1 $ 238,000.00 $ 62,000.00
County No. 2 $1,190,000.00 $ 310,000.00
$3,570,000.00
$3,570,000.00
$ 363.20
$ 388.00
(Difference $14.80)
2. That maintenance and operation funds under the Minimum Foundation Program of Education be increased from the sum of $450.00 per State-allotted teacher as presently appropriated to $550.00 for the 1966-1967 school year, $650.00 for the 1967-1968 school year, and $800.00 for the 1968-1969 school year. The increase to $800.00 per teacher will require a total increase in State ap propriation of approximately $13,000,000. It is the opinion of this Committee that the increased appropriation of maintenance and operation funds will effect a greater improvement in school operation than any other single expenditure of funds.
3. That increased allocation of funds be made available for isolated schools so that children in these schools may be guaranteed equal educational opportuni ties. It is further recommended that the present definition of isolated schools be expanded to include temporary operation of small schools while consolidation
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plans are being effected. It is recommended subsequently that the present ap propriation of $128,000 for this purpose be increased in the 1966-1967 school year to $1,000,000, and that these funds be provided in the next supplementary appropriation bill.
It is further recommended that S. B. No. 180 be amended to direct the State Board of Education to give consideration to the isolated school problem.
4. That the General Assembly make funds available so that capital outlay requirements for expanding school systems may be met, and so that local school boards in these growing and changing systems may provide in an orderly manner for rapidly increasing enrollment on a current basis.
II. The division of total required local effort among the 196 school systems of Georgia.
FINDINGS:
A new system was prescribed in S. B. No. 180 for determining the ability of local school systems to pay their fair share of the combined local effort to finance the Minimum Foundation Program of Education in Georgia. Previously an economic index formula was used to measure local ability to pay which included such factors as total retail sales, automobile tag sales, income taxes paid, sales taxes collected and electrical power consumed. Pursuant to the Act requiring the State Auditor to establish an equalized adjusted school property tax digest for each county in the State and for the State as a whole, excluding therefrom real and personal property exempted from taxation for school pur poses, approved March 18, 1964 (Ga. Laws 1964, p. 706) hereinafter referred to as S. B. No. 191, the only factor used is the evaluation of taxable property located within the school district. The State Auditor was given the responsibility of evaluating property using a method based primarily on actual sales of property within the school district during the last five years. This is, theoretically, an accurate meausre of ability to pay, because local property evaluation is the primary source of local school taxes. However, evidence presented to this Committee has indicated that restrictions prescribed in S. B. No. 191 have resulted in some inaccuracies in measuring taxable property values.
RECOMMENDATIONS:
1. That the agency of government responsible for preparing the ration study to be used to set required support be empowered to reduce the number of sales selected for the representative sample so that in the case of farm property, sales may represent not more than fifty percent (50%) of the sample used. The remainer of the sample in each instance should be determined by using ap propriate standard appraisal procedures.
2. That S. B. No. 191 be amended to provide for the evaluation of timberland, for ratio study purposes, on the basis of land evaluation and annual growth factor increment increases rather than the evaluation of standing timber on the land.
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2889
3. That an interim study committee be authorized by the 1966 General Assembly to determine the proper method of evaluating personal property and the effects of personal property evaluations on the financial ability of local systems.
4. That legislation be enacted establishing a State revenue stamp procedure identical to the present Federal procedure which requires that stamps be affixed to all land deeds. The money thus collected by the State should be paid to the several counties. The provisions of this law should become effective on January 1, 1968, at which time the Federal revenue stamp procedure will be discontinued. The use of revenue stamps on land deeds is almost necessary in determining the value of property sold for ratio study purposes.
III. Division of required local effort among the various taxpayers within each individual school district.
FINDINGS:
Evidence presented to this Committee indicates that the greatest need in school financing is in equalizing the property tax burden among taxpayers within local school districts. At the present time in Georgia there is no system of uniform property tax evaluation for tax purposes. Even in counties which have recently completed property reevaluation programs, these programs have not been continually maintained as property valuations change through improve ments, additions, or changes in use.
Every reevaluation program completed by a professional company has revealed substantial amount of real property not previously reported, many inequities in assessed properties, and it is well known that no tax is now being paid on many automobiles and trucks in our State.
A major problem of many counties where property is valued quite low is the effect of the homestead exemption on the total tax base. In 11 counties in our State no school tax is paid on homes with a market value of $20,000; in 33 counties no tax is paid on $15,000 homes; and in 94 counties $10,000 homes are not taxed. Thus homestead exemptions, together with low rates of assessment, result in a disproportionate tax burden on owners of farm land, industrial, and other types of property.
Another effect of excessively low property evaluation is that the constitu tional limit of 20 mills for school purposes cannot produce sufficient tax revenue to provide adequate educational funds. One-half of Georgia's counties have already reached this 20 mill limit. When this limit is reached the county govern ing bodies do not have authority to levy general taxes for educational purposes.
Increased local educational cost is requiring reevaluation in most counties. It is felt that continued reevaluation and keeping the tax digest up-to-date will help relieve most problems. Evidence indicates that standardized evaluation procedure will be most desirable. The State should cooperate with and furnish qualified personnel to those counties needing help. There should be serious consideration of a uniform statewide percentage of assessed valuation.
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RECOMMENDATIONS:
1. That the State Revenue Department cooperate with local tax officials to maintain continuously an accurate evaluation of all local property.
2. That legislation be passed to assure that all ad valorem taxes due on motor vehicles are paid prior to issuing a license plate for their operation.
3. That the Georgia Constitution be amended to permit local governments to appropriate money for educational purposss when the 20-mill limit has been reached by the local school board. Consideration should also be given to an alternative action allowing the local boards of education to exceed the 20-mill limit for educational purposes for a period not to exceed two years if necessary to meet the required local effort.
4. That the problem of continued reevaluation, standardized evaluation pro cedure and uniform statewide percentage of assessed valuation be given further study.
IV. The method of assessing public utility property for tax purposes.
FINDINGS:
Assuming a fair distribution of financial responsibility for school costs between the State and local governments, and an equitable division of local effort between the 196 school districts in Georgia, there still remains the problem of properly assessing property within each local school district.
The evaluation of private property for tax purposes is the responsibility of local officials, who often seek professional assistance from firms devoted to this work. The property of public utility companies, however, is assessed by the State Department of Revenue. The Constitution of Georgia requires that all tangible property within the State be taxed uniformly, except motor vehicles, and prohibits the assessment and taxation of public utilities at a greater basis of value or at a higher rate of taxation than other properties. According to The 1964 Statistical Report, published by the State Revenue Department, public utility property in 1963 was valued for tax purposes at approximately $509 million, or about 13% of the total of assessed value of taxable property in the State. The proper tax assessment of this property is important to the utility com panies and also to the other property owners within a school district, both of whom have to share the total tax burden.
The procedure used in determining the value of property of any one of the 165 utility companies in Georgia is first to assess the total value of the company and then to assign to each school district that portion of the company property located within the district. Total assessment of the company's property value is made by utilizing a formula based on three factors. The first factor, assigned a weight of 25%, is the value of the company's stock and debt. In the case of a large company whose shares are traded freely on the stock exchange, high and low values for each of the preceding five years are averaged and multiplied by the average number of share outstanding, to which is then added
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2891
the latest company debt. Actually very few companies are large enough to have their shares sold on the public stock market and very few of the large companies are located entirely within this State. Therefore, the value of the company's stock and debt are quite often derived from an estimate based on the net income of the company over the previous five-year period. This evaluation, as proposed by the company, is then presented to the Property Tax Division of the State Department of Revenue for approval or modification. The second factor, also assigned a weight of 25%, is the book value of the company. This is a value reported both to the Public Service Commission and to the Revenue Commis sioner and in general represents the purchase price less depreciation. The third factor is assigned a weight of 50% and is based on the net income of the com pany, after taxes, averaged over a period of the preceding five years. An as sumed percentage return on total investment is combined with reported income to determine total investment. This assumed percentage prior to 1965 was 6%% for all utility companies in Georgia. It can be seen that a high assumed per centage of return will result in a low tax assessment.
For example, if the average reported income is $420,000, and assumed percent return is 6%, then total investment can be computed as follows:
Average income ----------------------
= total investment
Assumed % return
$420,000
----------
= $7,000,000
.06
If assumed % return is changed to 7% and reported income is unchanged, then
total investment would be:
$420,000
----------
= $6,000,000
.07 a reduction of $1,000,000.
The total of these three weighted values is then adjusted by the Revenue Commissioner to determine the total assessed value of the company. As a matter of fact, these adjustments are often quite large, as may be seen by examining the table below. It should also be pointed out that there is no law specifying the formula to be used, so it may be changed at the discretion of the Revenue Commissioner.
A SUMMARY OF UTILITY COMPANY ASSESSMENTS FOR 1965:
Type Utility
Computed Value from formula
Assessed Value*
Range of % Average % Assessment Assessment Low High
Railroads
(24) $309,307,000
$91,535,000
29.5%
11.8
51.3
Independent
Telephones
(49) 33,049,000
6,144,000 18.5%
4.7 40.8
Major
Telephones
( 3) 423,959,000
169,435,000
39.9%
31.7
43.8
Electric
Power
( 5) 761,370,000
249,164,000
32.7%
24.5
49.9
Others
310,495,000
120,094,000
38.6%
16.0
53.2
*Includes "supplementary" assessments of about $65 million, described below.
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The Department of Revenue states that including "supplementary" assess ments, utilities operating statewide are assessed at an average of approximately 35% of full value. However, the above table shows that, in individual cases, the variations from this average ratio are quite substantial. This apparently results from the fact that these final assessments are a matter of negotiation between the individual company and the Revenue Commissioner during which extenuating factors not reflected in the mathematical results of the formula, but which affect the market value of the company's property, are given consideration.
The rapid increase in school tax burdens on the local property owners is being further aggravated by substantial reductions in comparative valuation of utility property in those counties where reevaluation programs are being completed.
It should be emphasized at this point that the tax reevaluation program is almost mandatory in Georgia's counties because of the increased need for local revenue. Also, a recent court decision, now being appealed, may require that all property in our State be uniformly assessed for tax purposes. It is, therefore, important that legislators and tax officials understand the effect of these basic changes in ad valorem taxation.
It must be remembered that county reevaluation applies only to private property and not to property owned by utility companies which is assessed by the State. In most Georgia counties reevaluation programs will result in the percentage of full value at which private property is assessed being substantially raised with the new level being 35% to 40% of full value. As a result, the total tax digest of a school district can be expected to be greatly increased, in most cases more than doubled. To maintain tax revenues, tax millage is then decreased. Since the State claims that, according to the formula in use, utility property was already assessed higher than private property, the valuations of this property does not increase along with private property increases, and the lower millage rate results in a decrease -- sometime large -- in the local ad valorem taxes levied on the utility property. In order to lessen the shock of this reduction and to encourage reevaluation, the utility companies have agreed to accept the tax reduction over a period of five years, instead of immediately following reevalua tion. To accomplish this gradual reduction, the value of utility property in the school district is artificially increased, and then decreased steadily until it reaches its former value after a five-year period. These "supplementary" valuations are partially cancelled out by any new property purchased or constructed by the company and located in the district. To illustrate this effect, the following data are given for 19 counties which completed reevaluation four years ago:
Total assessment of utility property prior to reevaluation
Tax before reevaluation Total assessment of utility property third year after reevaluation
Tax, third year after reevaluation
$20,172,733 $ 1,071,461 or 5.04%
$37,239,086 $ 1,070,312 or 2.87%
It should be noted that the higher valuation the third year after reevaluation results from two factors, namely: (a) "Supplementary" valuation which tis eliminated over a five-year period, and (b) increased investment in new property in the counties involved. At the end of the five-year period (and also during
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2893
this period) there is a substantial reduction in local ad valorem taxes paid on each item of property owned by any utility company. Such reduction will
be justified if, after all supplemental assessments have been eliminated at the end of the five-year period, the property of each utility is assessed at the same percentage of its true fair cash value as locally assessed property.
Evidence presented to the Committee indicates that when supplementary assessments are added to utility property located within a county which has revalued its property, that the overall statewide assessment is not increased accordingly but is adjusted to maintain it at its same previous level.
A further reduction in utility property assessment was brought about in 1965 by a change in the Revenue Department formula. Instead of continuing to assume a net income percentage of 6%%, this figure was changed to 7%. This causes a uniform statewide reduction in utility property valuation of approx imately 4%, in spite of the fact that in almost every case the "income" factor was already substantially lower than the "stock value" factor and the "book value" factor.
One should be careful in drawing conclusions from these findings, as this is a very complicated area. These are presented as findings from data presented to the Committee.
RECOMMENDATIONS:
1. That a committee be created by the General Assembly to draft legislation establishing a procedure to be used by the State Department of Revenue in assessing all utility property, for tax purposes, in order to assure uniform prop erty assessment in this State.
ACKNOWLEDGMENTS:
Officials and personnel of various State departments, boards and agencies; associations and organizations; private corporations and enterprises; and in dividuals appeared before the Committee and subcommittees of the Committee and with individual members of the Committee. A great wealth of material, data and other information was obtained from these persons, and without their as sistance this report would not have been possible. The Committee wishes to express its appreciation to all those who very generously gave their time and efforts to assist the members of the Committee in their endeavors.
The Committee expresses its appreciation to the staff of the Office of Legislative Counsel for its most able assistance.
Respectfully submitted,
IB/ David L. Newton Representative, Colquitt Chairman
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/s/ Jimmy Carter Senator, 14th District Vice-Chairman
/s/ Oby T. Brewer Governor's Appointee Representing the Georgia School Boards Association Secretary
/s/ Edward S. Kendrick Senator, 32nd District
/s/ Dan I. Maclntyre, III Senator, 40th District
/s/ John Thomas McKenzie Senator, 17th District
/s/ Robert A, Rowan Senator, 8th District
/s/ Hines L. Brantley Representative, Candler County
/s/ Robert H. Farrar Representative, DeKalb County
/s/ Thomas T. Irvin Representative, Habersham County
/s/ Milton Jones Representative, Muscogee County
/s/ Ernest W. Barrett Governor's Appointee Representing the Georgia Associa tion of County Commissioners
/s/ Jack A. Leroy Governor's Appointee Representing the Georgia Municipal Association
/s/ Ernest B. Davis Ex-Officio Member State Auditor
/s/ Dr. Alien C. Smith Ex-Officio Member Associate State Superintendent of Schools Representing the State Department of Education
/s/ Wilson B. Wilkes Ex-Officio Member Director, State Budget Bureau
INTERIM COMMITTEE REPORTS
2895
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.
MINORITY REPORT OF
HINES L. BRANTLEY REPRESENTATIVE, CANDLER COUNTY
MEMBER OF THE JOINT 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 OF GEORGIA.
I agree in a large measure with the majority report of the whole Committee, however, there are some recommendation by the Committee with which I disagree and I wish to be so recorded.
Because of a change from the old economic index formula to a property tax digest formula, a large increase in the required local effort has placed a financial burden on school systems and local governments that is tremendous.
The basic source of revenue for local governments is property tax, whereas, the State Government collects taxes on a wider base from all segments of our population, with 46% of State revenue coming from sales tax; 25% from income tax; 16% from excise tax and the balance from miscellaneous sources.
With quality education for all of Georgia's school children uppermost in my mind, I believe that the minimum amount of State funds for the Minimum Foundation Program of Education should be 83% and the maximum amount of local support should not exceed 17%. It is interesting to note that only two people who appeared before our Committee recommended a continuation to an 80% State and 20% local formula in financing our public schools. One of these was Honor able Don Peyton, State School Board Member, and drafter of Senate Bill No. 180 (Minimum Foundation Program of Education Act approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended). The other was Dr. Johns from the Uni versity of Florida, who qualified his remarks by saying they were predicated on at least $1,000 per teacher unit for maintenance and operating money to each school system.
Another finding of our Committee that disturbs me is that, with the rapid increase in tax burdens on private property owners, tax assessments on utilities and railroads are of an arbitrary nature, and this year were reduced approxi mately 4% across the board statewide, by a simple change in one of the factors determining utility and railroad taxes.
I am opposed to the State entering into statewide evaluation on private property. I subscribe to the theory that the best government is the one closest to the people and I believe it is time to stop transferring power and authority to Boards, Bureaus and Agencies far removed from the people.
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I have a high regard for the members of this Committee, individually and collectively and this minority report in no way reflects upon their integrity or ability.
Respectfully submitted,
/s/ Hines L. Brantley Representative, Chandler County
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER O^ THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENKR4L ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.
REPORT OF THE HOUSE 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 OF THE STATE OF GEORGIA.
INTRODUCTION:
Pursuant to the authority granted in House Resolution No. 221, Honorable George T. Smith, Speaker of the House of Representatives, created an interimlegislative study committee to work in conjunction with the joint committee to study all matters concerning the relationship between the costs incurred by the State government and the costs incurred by local governments in operating the public schools of the State of Georgia created pursuant to House Resolution No. 238 adopted at the 1965 regular session of the General Assembly of Georgia [Resolution Act No. 68, approved April 1, 1965 (Ga. Laws 1965, p. 505)].
The following members of the House of Representatives were appointed to serve on the Committee:
Tom C. Carr Representative, Washington County
R. S. Hutchinson Representative, Dougherty County
Ben C. Jordan Representative, Cobb County
W. Jones Lane Representative, Bulloch County
J. C. Maddox Representative, Gordon County
Robert C. Pafford Representative, Lanier County
H. Walstein Parker Representative, Screven County
David C. Peterson Representative, Houston County
The Speaker of the House of Representatives designated Tom C. Carr, Representative, Washington County, as Chairman of the Committee. The Com mittee at its organizational meeting appointed H. Walstein Parker, Representa tive, Screven County, as Vice Chairman, and David C. Peterson, Representative, Houston County, as Secretary.
EXTENT OF WORK:
The members of the Committee met with the Committee, created pursuant to the provision of House Resolution No. 238, at all of its meetings and jointly participated in the functions of the joint committee.
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2897
Members of the Committee also served with members of the joint committee on subcommittees.
CONCLUSIONS:
The Committee concurs in the report, findings and recommendations of the joint committee to study all matters concerning the relationship between the costs incurred by the State government and the costs incurred by local govern ments in operating the public schools of the State of Georgia, created pursuant to House Resolution No. 238 adopted at the 1965 regular session of the General Assembly of Georgia [Resolution Act No. 68, approved April 1, 1965 (Ga. Laws 1965, p. 505)], and the Committee hereby adopts said report as its report.
Respectfully submitted,
/s/ Tom C. Carr Representative, Washington County Chairman
/s/ H. Walstein Parker Representative, Screven County Vice Chairman
/s/ David C. Peterson Representative, Houston County Secretary
/s/ R. S. Hutchinson Representative, Dougherty County
/s/ Ben C. Jordan Representative, Cobb County
/s/ W. Jones Lane Representative, Bulloch County
/s/ J. C. Maddox Representative, Gordon County
/s/ Robert C. Pafford Representative, Lanier County
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 SENATE COMMITTEE TO STUDY ALL MATTERS CONCERNING THE RELATIONSHIP BETWEEN THE COSTS INCURRED BY THE STATE GOVERNMENT AND THE COSTS INCURRED BY LOCAL GOVERNMENTS IN OPERATING THE PUBLIC SCHOOLS OF THE STATE OF GEORGIA.
INTRODUCTION:
Pursuant to the authority granted in Senate Resolution No. 86, Honorable Peter Zack Geer, President of the Senate (Lieutenant Governor), created an
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interim legislative study committee to work in conjunction with the joint com mittee to study all matters concerning the relationship between the costs in curred by the State government and the costs incurred by local governments in operating the public schools of the State of Georgia created pursuant to House Rsolution No. 238 adopted at the 1965 regular session of the General Assembly of Georgia [Resolution Act No. 68, approved April 1, 1965 (Ga. Laws 1965, p. 505)].
The President of the Senate designated J. Battle Hall, Senator, 52nd District, as Chairman of the Committee.
EXTENT OF WORK:
The Committee met with the Committee, created pursuant to the provision of House Resolution No. 238, and jointly participated in the functions of the joint committee.
The Committee also served with members of the joint committee on sub committees.
CONCLUSIONS:
The Committee concurs in the report, findings and recommendations of the joint committee to study all matters concerning the relationship between the costs incurred by the State government and the costs incurred by local governments in operating the public schools of the State of Georgia, created pursuant to House Resolution No. 238 adopted at the 1965 regular session of the General Assembly of Georgia [Resolution Act No. 68, approved April 1, 1965 (Ga. Laws 1965, p. 505)], and the Committee hereby adopts said report as its report.
Respectfully submitted,
/s/ J. Battle Hall Senator, 52nd District Chairman
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 SCHOOL DISTRICTS ORGANIZATION AND CRITERIA STUDY COMMITTEE
THE COMMITTEE
Honorable H. Walstein Parker Representative, Screven County Chairman
Honorable A. T. Mauldin Representative, Franklin County Member
INTERIM COMMITTEE REPORTS
Honorable Earl P. Story Representative, Gwinnett County Secretary
Honorable H. B. Alien Representative, Tift County Member
January, 1966
2899
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 SCHOOL DISTRICT ORGANIZATION AND CRITERIA STUDY COMMITTEE
INTRODUCTION:
The School District Organization and Criteria Study Committee was ap pointed by the Speaker of the House of Representatives pursuant to the au thority contained in HR 221. The following members were appointed to the Committee: Representatives H. Walstein Parker, A. T. Mauldin, Earl P. Story, and H. B. Alien Representative Parker was designated Chairman of the Commitee. Representative Story was elected Secretary of the Committee. The Com mittee held its organizational meeting at the State Capitol in Atlanta on Monday, December 13, 1965. The Committee was authorized five (5) days within which to complete its work. The final meeting of the Committee was held at the State Capitol in Atlanta on January 5, 1966.
FINDINGS AND CONCLUSIONS:
The Committee heard testimony from Mr. James Peters, Chairman of the State of Education, Dr. Alien Smith, Assistant State Superintendent of Schools, Mr. Frank Hughes, Executive Secretary of Georgia Education Association, Mr. E. C. Mitchem, Coordinator of Federal-State Relations for the Georgia Education Association, Mrs. Nell Hallford, President of the County School Superintendents Association and Mr. Jack Acree, Executive Secretary of the Georgia School Boards Association.
One of the major problems confronting school systems in Georgia at the present time is consolidation. However, consolidation cannot be justified solely on the basis of saving money. There are many other problems which will have to be solved before consolidation of school systems can be satisfactorily achieved. Some of the most important problems which require solutions are:
1. Indebtedness. Many school systems have outstanding contracts and out standing bonded indebtedness. These matters present serious problems.
2. Tax Structure. It is the feeling of the Committee that a uniform statewide tax reevaluation program will have to be completed before consolidation of school systems can be seriously considered.
3. Capital Outlay. Enormous sums of money will be required to carry out the consolidation of schools which will follow the consolidation of school systems.
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There is not enough money available at the present time to construct sufficient classroom and administration buildings in existing systems.
4. Transportation. This could be a problem especially in cases of consolidation across county lines. Acceptable routes, time schedules and other related matters would have to be worked out.
RECOMMENDATIONS:
The Committee unanimously agrees that this is not the appropriate time to undertake a program of mass consolidation of school systems. The Committee feels that long range planning and careful study should be made. This will provide time for the people to react to the prospect of change and enable all of the facts to be presented to them in such a way that they will understand the real reasons for consolidation. Crash programs do not fit into this situation. Consolidation can only be effectuated by a gradual process. The Committee anticipates that it will take several years to solve all of the problems and to develop all of the plans which will be required for complete consolidation of school systems. However, the only way to meet the education needs of the children of Georgia is to create systems which can justify more comprehensive school programs.
The Committee feels, however, that pilot or trial programs are warranted at this time. However, the Committee strongly believes that these programs should be initiated only on a permissive basis. Therefore, the Committee recommends that the General Assembly of Georgia adopt an amendment to the Constitution so as to authorize the General Assembly to provide by general or local law for the consolidation or merger of two or more school districts or systems or portions thereof into a single local school district. However, no such consolidation or merger shall become effective until approved by a majority of those voting in a refer endum in each separate school district or school system being consolidated or merged. The proposed amendment to the Constitution will also authorize the General Assembly to change the method of selecting members of the boards of education and school superintendents of each school district or system by general or local law, conditioned upon approval by a majority of those voting in a re ferendum in the system or district affected. A copy of the proposed amendment to the Constitution is attached as Appendix "A" of this report.
The Committee wishes to express its appreciation to Mr. James Peters, Dr. Alien Smith, Mr. Frank Hughes, Mr. E. C. Mitchem, Mrs. Nell Hallford and Mr. Jack Acree for appearing before the Committee to express the views of their respective organizations. Their testimony has been of immense value to the members of the Committee in preparation of this report.
H. Walstein Parker Chairman Representative, Screven County
A. T. Mauldm Member Representative, Franklin County
Respectfully submitted, Earl P. Story Secretary Representative, Gwinnett County
H. B. Alien Member Representative, Tift County
INTERIM COMMITTEE REPORTS
2901
APPENDIX "A"
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general or local law for the consolidation or merger of any two or more school districts or systems, or portions thereof, into a single local school district; to provide the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other pur poses.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V of the Constitution is hereby amended by adding at the end thereof a new paragraph to be designated "II", to read as follows:
"Paragraph II. (a) School Districts. Authority is granted to counties and local school districts to establish and maintain public schools. Existing county school districts and independent school systems shall be continued, except that the General Assembly may, by general or local law, provide for the consolidation or merger of any two or more of said school districts or systems, or portions thereof, into a single local school district. No such consolidation or merger shall become effective until approved by a majority of those voting in a referendum in each separate school district or school system being consolidated or merged. Any local school district so established shall constitute a separate political subdivision of the State. Any school district or system consolidated or merged hereunder shall, as such, be abolished, and title to all school properties and assets thereof shall vest in the local school district.
(b) Boards of Education. Each school district or system shall be under the management and control of a board of education which shall have such powers and duties as provided by law, the members of which shall be elected or appointed as provided by law. School board members shall be freeholders and shall reside within the territory embraced by the school district or system.
(c) School Superintendents. There shall be a School Superintendent of each school district or system who shall be the chief administrative officer of the board of education, and shall have such qualifications, powers, and duties as provided by law.
(d) Changes in School Boards and Superintendents. The composition of school boards and the term of office and methods of selecting Board members and School Superintendents shall be as provided by law applicable thereto at the effective date of this amendment to the Constitution but may be changed thereafter by general or local law, conditioned upon approval by a majority of those voting in a referendum in the system or district affected.
(e) Power of Boards to Contract with Each Other. Any two or more county boards of education or any two or more independent school systems or any two or more local boards of education, or any combination of the fregoing, may contract with each other for the care, education and transporta-
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tion of pupils, and such other activities as they may be authorized by law to perform, not in conflict with the provisions of this Constitution."
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 Assembly to provide for the consolidation or merger
NO [ ] of any two or more school districts or systems, or portions thereof, into a single local school district and to provide the procedure connected therewith by general or local law?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The 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.
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 HOUSE TWELVE-MONTH SCHOOL YEAR STUDY COMMITTEE
THE COMMITTEE
Honorable Thomas T. Irvin Representative, Habersham County Chairman
Honorable Earl P. Story Representative, Gwinnett County Secretary
Honorable H. B. Alien Representative, Tift County
Honorable A. T. Mauldin Representative, Franklin County
Honorable Quimby Melton, Jr. Representative, Spalding County
Honorable Jamie W. Oglesby Representative, Thomas County
Honorable Mac Pickard Representative, Muscogee County
December 1, 1965
INTERIM COMMITTEE REPORTS
2903
HISTORY OF THE COMMITTEE
Pursuant to HR 140, a committee consisting of the above members was appointed to study the problem of the further utilization of school facilities by maintaining a school system on a twelve-month basis. The necessity of appointing such a committee was brought to the attention of the House of Representatives by a recommendation included in a resolution passed earlier this year by the Georgia School Board Association, wherein it was shown that the State of Georgia is the owner of school property valued in excess of $800,000,000.00, which is not currently being utilized to its fullest potential; and that as a con sequence of Georgia's economy becoming more industrialized, the need for better educated students becomes increasingly more apparent; and that these additional educational requirements cannot easily be included in an already full one hundred and eighty-day school year.
THE COMMITTEE'S OPERATIONS
The Committee was assigned 20 meeting days in which to complete its study and the organizational meeting of the Committee was held on August 11, 1965. At this meeting Representatives Quimby Melton, Jr. and Earl Story were elected Vice-Chairman and Secretary, respectively; a quorum of four members for the transaction of Committee business was set; and the agenda for future meetings was established.
At subsequent meetings the Committee was privileged to hear testimony from persons whom the Committee had invited: a list of these witnesses and the organizations which they represent are hereinafter set out. For reference a summary of each witness' testimony, if available, is attached as Appendix (B) to this report.
I. Meeting of August 18th. A. Mr. Jack Acree, Executive Secretary -- Georgia Boards of Education. B. Dr. Alien Smith, State Department of Education.
II. Meeting of September 15th. A. Mr. Joe Hooten, Jr., Ex-Director of "The University School", an experimental school operated by Florida State University on a 12month basis for grades 1-12. Mr. Hooten is now a member of the faculty at the University of Georgia. B. Dr. Jerry Miller, Southern Regional Education Board. C. Dr. Jarvis Barnes, Atlanta Board of Education.
III. Meeting of September 29th.
A. Dr. George L. Simpson, Jr., Chancellor of the Board of Regents. B. Dr. S. Walter Martin, Vice-Chancellor of the Board of Regents. C. Honorable James S. Peters, Chairman, State Board of Education.
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IV. Meeting of October 6th.
A. Dr. E. C. Martin, Executive Director, Georgia Educational Improve ment Council.
B. Mr. Frank Hughes, Georgia Educational Association. C. Mr. E. C. Mitchem, Georgia Educational Association.
V. Meeting of October 13th.
A. Mrs. Ann Woodward, Member of the Atlanta Board of Education, representing Mrs. Leland Bagwell, President -- Georgia Congress of Parents and Teachers.
B. Mrs. W. B. Mitchell, Vice-President, Georgia Federation of Women's Clubs, representing Mrs. Ben F. Cheek, President, Georgia Federation of Women's Clubs.
C. Mr. Jack Acree, who had previously appeared before the Committee.
VI. Meeting of October 20th.
A. Mr. Jack Nix, Director of Vocational Education, State Board of Education.
B. Honorable Jim Cherry, Superintendent, DeKalb County Board of Education.
C. Honorable C. L. Harper, Assistant Superintendent, DeKalb County Board of Education.
D. Dr. Doyne Smith, College of Education, University of Georgia.
On August 19th, at the invitation of Mr. K. J. Harris, Superintendent of the school, the Committee inspected the facilities of the Tallulah Falls School, an independent 12-month school system, located in Habersham County.
The remainder of the Committee's meetings were concerned with deliberations and evaluations of materials previously received.
THE COMMITTEE'S FINDINGS
I. Year-round systems, generally. A. There are three basic types of year-round programs. 1. Four Quarters 2. Two Semesters with a Summer Term 3. Three Trimesters
B. Although each has advantages and disadvantages, the Four-Quarter System from an administrative standpoint seems to have less dis advantages, especially in regard to scheduling and necessitated curriculum changes, and it more closely fits into existing college
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schedules. Thus, a student would lose no time in the transition period from high school to college, nor would a student's transfer from one school system to another, or a student's starting school at some other time than the beginning of the school year, create scheduling problems.
C. Maintenance of the school physical plan is not as great a prohlpm as originally anticipated and can be scheduled after school hours
and during vacation periods rather than completely in the summer.
D. Because of opposition from certain groups -- such as parents, school administrators, athletic departments and other outside influences maintaining summer activities, such as camps and Bible schools -- any extended school year program should at least initially be on a voluntary basis.
E. An air-conditioned building is a necessity. It not only creates a more comfortable atmosphere, but greatly enhances the learning processes.
II. The Summer Term as it exists in Georgia Today.
A. At the University Level
1. Practically all divisions of the university system maintain school on a year-round basis by the adoption of a summer program. As an illustration, the University of Georgia in 1964 had 5,000 stu dents attending summer school or approximately 40% of the University's total enrollment. Of those attending, approximately 60% were students at the graduate level.
B. At the Secondary Level
1. A number of local systems operate summer programs. As an illustration, in 1964, 8,000 students attended summer school in the DeKalb County System and 200 students were graduated from high school through this method.
2. These local summer programs receive no State financial aid and are supported almost entirely by requiring students to pay tuition.
3. The curriculum is not established by State standards and, there fore, varies greatly from system to system, with no uniformity.
A. Although in past years, summer school has been thought of as the time for make-up work, this is no longer the case. The summer programs contain numbers of enrichment type courses and ad vanced study courses as well as those courses taught regularly throughout the year. Again, to use DeKalb County as an illustra tion, only 60% of the summer students were doing remedial work and the percentage of students doing remedial work decr;as~s with each passing year while summer enrollment continues to grow.
5. These programs are excellent within the facilities and finances available and are to be commended.
6. There are no state-wide summer programs, except in the areas of agriculture and home economics, which are maintained on a 12month basis.
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C. At the Primary Level
1. There are no existing summer programs at the primary level except for remedial reading and the federally administered pro gram entitled: "Project Headstart", for preschoolers.
III. The Future of the Summer School Program in Georgia.
A. Desirability.
1. As our society becomes more complex and changes in scope from an agrarian to an industrial economy, the necessity for better edu cated students becomes increasingly apparent. Georgia has school property valued in excess of eight hundred million dollars, which is not being utilized to its fullest potential. One method of allowing Georgians a greater benefit from funds expended for educational purposes is to increase the opportunity for education by a greater utilization of these present school facilities. This method can take several forms such as a longer school day (see summary of Dr. Jarvis Barnes' testimony), a longer school week (see summary of Mr. Jim Cherry's testimony), as well as the summer programs; and a total program should incorporate all of these methods. As a result of such action, Georgia would gain three specific benefits:
(a) Increased educational opportunities for the student.
(b) Greater utilization of existing facilities.
(c) A method of recognizing superior teachers and enabling them to receive additional compensation without having to go through the demeaning task of searching for summer em ployment outside of the educational field.
B. Existing Problems to be Overcome
1. The charging of student tuition limits the effectiveness of such a program by restricting enrollment to only those students financial ly able to pay tuition. Therefore, the State should help finance the programs in the same manner as it finances the regular school programs, and student tuition be eliminated.
2. Since the summer curriculum is currently set up on an individual system basis, it is desirable that the State establish guidelines and standards which will be uniform throughout the State. These will still allow a local system the power to establish a specific curricu lum within certain limitations.
3. Since an air-conditioned facility is a necessity in a summer program and numbers of schools are not air-conditioned nor do they contain other required facilities, the summer programs should be established with the thought of giving every student who desires it an opportunity to attend wihout regard to whether he is cur rently attending school in the local school system operating the program or an adjoining system: a program parallel in structure to the method employed with vocational training centers.
B. The Minimum Foundation Program of Education Act, approved January 24, 1964, (Ga. Laws 1965, p. 3), in Section 12 provides that the State Board of Education shall annually allot other certi-
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fied professional personnel to local units of administration, within certain qualifications. The General Appropriations Act of 1965, approved March 1, 1965 (Ga. Laws 1965, p. 44), provides in the second full paragraph at Page 55, Section 12, funds shall be paid only for personnel serving as principals, instructional supervisors, visiting teachers, librarians, and guidance counselors. This sentence should be amended so as to give local boards of education authority to hire needed personnel who may not be certified under these five categories, after the above-mentioned category needs have been fulfilled.
C. Methods of Establishing The System Within the Present Educational Structure.
1. The State Board of Education currently has the power and the authority to establish the desired guidelines and standards, and also is the best qualified to promulgate such guidelines and standards without the necessity of legislation.
2. Under the auspices and directions of this department an experi mental program could be instituted with little problem, except for additional monies to finance it.
3. The use of a pilot program serves several useful functions: Poten tial problems can be spotted and eliminated prior to the introduc tion of the statewide program. And the program can serve as a guide for local systems to follow in establishing their own programs.
THE COMMITTEE'S RECOMMENDATIONS
As a result of its studies and the findings herein stated, the Committee recommends the following action be taken:
That a resolution (attached to this report as Appendix A) be passed requesting the State Board of Education to establish one or more pilot programs on a year-round basis, which may be used as a guide in the establishment of meaningful summer programs throughout the State.
All ministerial and administrative determinations shall remain with the Board of Education, but after a certain period of time, also left to the discretion of the said Board, the result of such programs as well as recom mendations shall be presented to the General Assembly for its study in determining whether such a system is economically feasible and desirable in the State-at-large.
The Committee sees no need to enact any legislation at this time, with one exception. The General Appropriations Act of 1965, approved March 1, 1965 (Ga. Laws 1965, p. 44), should be amended in the following manner: The first sentence of the second full paragraph on page 55 should be stricken and replaced with the following language.
"In the use of certified professional personnel alloted under Section 12 of the Minimum Foundation Program of Education Act, local boards of education shall give priority to meeting their needs for salaries of principals, instructional supervisors, visiting teachers, librarians and guidance coun-
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selors. When these needs have been met, local boards of education may use funds appropriated under Section 12 for the employment of personnel in other specialized areas to meet the needs of the school system."
Such a change would leave decisions as to the use of Section 12 allotments largely up to local boards of education after needs under the five categories included in SB 180 have been met.
Respectfully submitted,
/a/ Thomas T. Irvin Chairman Representative, Habersham County
/si A. T. Mauldin Member Representative, Franklin County
/a/ Mac Pickard Member Representative, Muscogee County
/s/ Quimby Melton, Jr. Member Representative, Spalding County
/s/ Jamie W. Oglesby Member Representative, Thomas County
/s/ H. B. Alien Member Representative, Tift County
/s/ Earl P. Story Secretary Representative, Gwinnett County
BIBLIOGRAPHY
1. What About a Year-Round School? National Education Association
2. Minimum Foundation Program of Education Act (Act No. 523, SB 180) 1964 Session of the General Assembly, State of Georgia
3. Year-Round School American Association of School Administrators
4. The American High School Today James B. Conant
5. New Directions in Year-Around School Operation The University School, Florida State University
6. Theory Into Practice -- the Year-Round School College of Education, The Ohio State University
INTERIM COMMITTEE REPORTS
7. The Year-Round Calendar in Operation W. Hugh Stickler and Milton W. Carothers
8. Within Our Reach Southern Regional Education Board
9. A Short Course in Lengthening the Year (from College University Business) Algo D. Henderson
10. The Ail-Year School (NEA Research Memo) National Education Association
11. Educating Georgia's People, Investment in the Future Governor's Commission to Improve Education (Ga.)
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APPENDIX A
A RESOLUTION
Requesting the State Board of Education to establish an experimental twelve month school program and for other purposes.
WHEREAS, as a consequence of Georgia's economy becoming more industri alized, the need for better educated students becomes increasingly more apparent; and
WHEREAS, these increasingly more complex educational demands cannot easily be incorporated into the current one hundred and eighty (180)-day school year; and
WHEREAS, Georgia is the owner of school properties valued in excess of $800,000,000.00, which are not being utilized to their fullest potential, especially during the summer months; and
WHEREAS, these increased educational demands can be met through the establishment of a meaningful summer program through the use of presently idle existing school facilities; and
WHEREAS, the establishment of such programs will serve to benefit Georgia in at least three separate ways which are: (1) Increased educational opportunities for students; (2) Increased return for funds expended for educational purposes ' by putting into use existing school facilities which have in the past remained idle during the summer months; (3) a method of recognizing the superior teacher and providing him with additional compensation and eliminating the necessity of his having to search for summer employment outside of the educational field; and
WHEREAS, present summer programs are maintained on an exclusively local basis and financed entirely through the imposition of tuition paid by the student; and
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WHEREAS, this procedure results in two problems: (1) It denies the summer program to the needy student who cannot afford to pay tuition. (2) It results in each local system establishing its own curriculum with no uniformity or standards throughout the State; and
WHEREAS, the State should contribute funds to the local systems in the same manner as is done for the regular school year, thus allowing needy students to also participate in the summer program; and
WHEREAS, the State should establish certain guidelines and standards to be followed throughout the State by the local systems, thus insuring a minimum standard for courses being taught and some degree of uniformity in the teaching of those courses; and
WHEREAS, the establishment of the school system on a year-round basis is rapidly becoming a necessity; and
WHEREAS, the State Department of Education is best qualified for the establishment of a pilot program on a year-round basis, which could be utilized in the establishment of such a system throughout the State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRE SENTATIVES OF GEORGIA that the State Board of Education of hereby authorized and requested to study the problems related to the establishment of a year-round school system; and that one form of this study be the establishment of an experimental twelve-month school program in one or more local school districts and such program shall be under the direction of the State Board of Education; and that, as far as practicable, the experimental program will be available to all students accessible to it, regardless of whether the student is currently attending classes in the school district in which the pilot program has been established.
BE IT FURTHER RESOLVED that upon the completion of such study, the State Board of Education shall report back to this Body its findings and recom mendations and the same shall include the results of the experimental twelve month school program.
BE IT FURTHER RESOLVED that the Clerk of the House of Representa tives is hereby authorized and directed to transmit a copy of this resolution to the State Board of Education.
APPENDIX B
SUMMARY OF WITNESSES TESTIMONY MEETING OF AUGUST 18TH
(1) Mr. Jack Acree, Executive Secretary, Georgia Boards of Education. In favor of some type of full year system. He feels that it is poor business to let school buildings sit idle for three months out of every year and, further, that juvenile delinquency could be reduced by keeping the youth in school during
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the summer months rather than idling on the streets. Reading from a pamphlet, he stated that most school systems that adopted the twelve-month program dropped it because of the problems, in (1) scheduling, (2) extra curricular activities, (3) family vacations, and (4) economics. He stated further that in the event a system was instituted in Georgia, the four-quarter system should be used and it should cover all of the grades from kindergarten through 12th, and quoting Dr. James B. Conant, "We should aim toward a significant summer program and put in a twelve-month school year. This program should be tuition free and not only remedial in scope but also offer new programs. The State Board of Education would carry part of the financial burden and would establish guide lines, but local boards would establish the curriculum."
(2) Dr. Alien Smith, State Board of Education. No state operates a twelve month school year but some local systems do. Although some local systems in Georgia have summer programs without state supervision, this does not give the state the flexibility needed in a meaningful summer program. The Southern Accrediting School Association permits only one and one-half new units of credit in the summer, as opposed to two new units of credit allowed in each of the other quarters, so this would have to be remedied if the summer quarter were to be on an equal footing with the other three quarters. Since there is a direct correlation between the colleges and high schools, the high school schedule should duplicate as closely as possible the college schedule so that there would be no loss of time because of the transition from high school to college.
MEETING OF SEPTEMBER 15TH
(3) Mr. Joe Hooten, Jr., Ex-Director of the University School. This is a twelve-month system operated on an experimental basis by Florida State Univer sity. It covers the grades from kindergarten through 12th. The University School adopted the eleven-month system, being closed for vacation during the month of August, with 75-day trimesters, and increased the class hours to 60 minute minimum. The school used non-graded curriculum. Parental objection was too great for a mandatory eleven-month system so a system was devised where the student would attend two out of three trimesters each year with the parent and student deciding which the student would attend except that they must be attended consecutively. Since some parents felt that this was a scheme to graduate their children earlier, it was agreed that no student could advance more than one year maximum and this must be agreed to in writing by the parents and school officials. The school and personnel: The school must be climate controlled; teachers must be employed on a twelve-month basis; curriculum must be revised; a twelve-month system will not save money, but it will give increased educational opportunities. The program must not be merely remedial or enrichment, but a top-flight academic program equal to any other quarter or trimester of school work. During one or two years the student must take a full three trimester load so there is a disadvantage regarding social and extra-curricula activities for the student. One problem the school did not have to face was bus transporta tion, but Georgia would. Since teachers were worried as to when they might be able to pursue their education for additional credits, each teacher was allowed one trimester with pay every few years to continue her education, or a trimester without pay at any time. Children should be grouped by achievement rather than ability and any type of full year program will require at least two years of planning prior to its beginning.
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(4) Dr. Jarvis Barnes, Atlanta Board of Education. Of the year-round school systems he has studied, the four-quarter system has apparently always failed. Rather than a year-round school, we should look toward a more meaning ful extended summer session which would include new work as well as remedial work. Do not look for economy but increased opportunities for learning. The buildings should be air-conditioned not merely for physical comform but also, and most important, because air-conditioning has been proved to put the student and the teacher in a better mental frame of mind and increases the learning processes. During the regular year we should also change concepts of teaching methods. A school could be open from 8:00 A.M. until 10:00 P.M. with shifts of teachers and students taking courses when they can, if they are working, or when they desire to otherwise, within certain boundaries. Our system (Atlanta) is currently operating one high school very successfully using this method. One of the biggest problems with the current summer programs, and surveys show that between 72% and 90% of the systems have some type of summer program, is that they receive no financial aid from the State, they are solely financed through student tuition. This causes a tremendous burden on the less privileged student who either needs the remedial work or deserves the opportunity to take the enrichment courses, but can afford neither.
(5) Dr. Jerry Miller. Dr. Miller mentioned there are four purposes gen erally for the establishment of a year-round school: (1) acceleration, (2) remedial, (3) enrichment, and (4) expansion of total enrollment with a given physical plan. The major advantage in a year-round operation is the complete utilization of the physical plant and, in addition, there is no financial waste with the faculty since this system increases their compensation. Regardless of the methods utilized, there will still be some students who are not going to attend on a year-round basis for any reason. The methods of operation: (1) three trimesters, (2) two semesters and a short summer term, and (3) four quarters with the summer quarter being the same as any other quarter. This is Dr. Miller's preference. The main disadvantages are: (1) that the operation may tend to split families, (2) generally the hours of teaching are lengthened and young children cannot take long periods of sustained teaching, (3) require curriculum changes, (4) runs contrary to established tradition, and (5) maintenance and transportation problems. The summer program works best as an option and it also serves as an incentive to the better teachers by allowing them to teach year round, thus receiving additional compensation.
MEETING OF SEPTEMBER 29TH
(6) Dr. George L. Simpson, Jr. of the University System. The University System has continuously operated a summer program and is, in effect, a year round school system, with approximately 40% of the enrollment attending the summer session with an average work load of 15 to 20 hours, the same as a regular work load. Approximately 50-60% of the summer students are in grad uate schools. In 1964, 5,000 students attended summer school at the University of Georgia; 2,000 at Georgia Tech; 1,000 at West Georgia and 2,500 at Georgia State. This summer curriculum is the same as any other quarter of teaching. As an additional purpose, the summer quarter is used to allow the brighter high school students to take college courses and receive credit toward their college requirements and also the provisional high school graduates are allowed to attend the summer quarter with the provision that if they are successful they may be admitted to the University System as regular students.
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(7) Dr. James S. Peters, State Board of Education. Too many high school seniors waste their twelfth year. They should be allowed to go to collge earlier or the twelfth year should be made more meaningful but either of these alter natives would result in opposition from school administrators and athletic de partments. Georgia is doing a much better job in preparing her high school students for college work than ever before. Additional time for courses would raise the high school students qualifications that much more. However, even without an additional program the schools of Georgia have a problem finding qualified teachers and all too often when a teacher takes summer programs to improve her certificate, the courses consist of planning curriculum rather than the basic courses such as English, Math and Science. The colleges have fallen down somewhat in adequately preparing teachers to teach these basic courses. We currently have two twelve-month programs in operation at the secondary school level. These are the agricultural program and the homemaking program, and the teachers in those programs are paid under a twelve-month contract.
MEETING OF OCTOBER 13TH
(8) Mrs. Ann Woodward, Georgia Congress of Parents and Teachers. Mrs. Woodward feels that any increase in the school year, or by lengthening the school day, is not in the best interest of the student. She is not in favor of any change, but feels we should give our children an opportunity to be children rather than full-time students. These were her personal opinions. However, she did promise to solicit her organization for comments.
(9) Mrs. W. B. Mitchell, Georgia Federation of Women's Clubs. As a former teacher, Mrs. Mitchell found that students are generally ready for the summer vacation about the middle of May, but by the middle of June they are ready to return to school; therefore, the foresees little student opposition. The institution of a trimester system with two-hour classes separated by a ten-minute break would tend to weed out the poor teachers. The program should be started with the high schools first and work downward. She favors the trimester system with the longer sustained periods of teaching as opposed to four quarters. Teachers would appreciate a twelve month contract since they would be on a more professional basis and would not have to demean themselves by having to hunt for a summer job. Schools have to be air-conditioned.
(10) Jack Acree, Georgia Boards of Education. The school of 180 days is sufficient and there is no need to add additional time. The summer program should be a separate project on a local basis used for remedial and enrichment work.
MEETING OF OCTOBER 20TH
(11) Jack Nix, of the Vocational Technical Schools of Georgia. This system is operated on a twelve-month basis and is very satisfactory. In the past, the three month summer vacation was in line with our agrarian society to allow the student to assist his parents in working on the farms, but as our system has changed to an industrial society the majority of school children remain idle .during the summer with no proper supervision. This can and does create many problems; therefore, an extended school year is very desirable and is fast be-
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coining a necessity. He had no preference to the type of system, but mentioned a fourth-quarter on a voluntary basis for enrichment and remedial purposes, with the State Board of Education establishing standards for the local systems. A year-round system would make possible a more efficient and economical use of existing school plants, but the main interest should be on increased educational opportunities for children; not to save money.
(12) Jim Cherry, Superintendent of the DeKalb County Board of Education. Today there is too much education that needs to be taught that cannot be taught in the present nine-month system: We must extend the school year. In addition, during the regular year, Saturdays, afternoons and evenings should be utilized for remedial work so that a poor student could be helped initially rather than waiting until he fails. Everyone is entitled to make as much self-improvement as possible. This not only serves the person but makes him a more useful member of society by allowing him to make a greater contribution. There is one area that is completely overlooked today, and that is the college dropouts. We must do something for this student also, and the vocational school system is a help. The summer program as it currently exists should be made more meaningful and on a regular basis. Last year in DeKalb County, 8.000 students attended summer school and 200 of them were graduated from high school. Sixty per cent of these students were going remedial work, but this figure is decreasing. The program pays for itself through student tuition with no State aid, but enrollment could be increased tremendously by having the State finance this system in the same manner as it does for the rest of the school year. The system should consist of an optional fourth quarter on a voluntary basis, but this quarter should be made official and receive State recognition. The State Board now has the power to provide standards and requirements. Fourth quarters would have less problems administratively than three trimesters, but the system should operate from grades one through twelve, rather than just the high school level.
(13) Dr. Doyne Smith, University of Georgia. For an explanation of Dr. Smith's testimony please see page 22.
Dr. Doyne Smith of the University of Georgia presented to the Committee a report which he had prepared relating to the year-round school. This report sets out the history of the year-round school in the United States, its operations, advantages and disadvantages. The report discusses several methods or plans for the operation of a year-round school, and the advantages and disadvantages of each. Since the report is an excellent survey of this area and incorporates practically all of the findings of the Committee, it is reproduced in its entirety and attached to this Committee Report as Appendix (C).
HOUSE TWELVE-MONTH SCHOOL YEAR STUDY COMMITTEE
APPENDIX (C)
WHAT IS AN ALL-YEAR SCHOOL?
REPORT OF DR. DOYNE SMITH
Rochester, Minnesota, and Glencoe, Illinois, are representative school sys tems with long histories of emphasis on the in-service training of their staffs during the summer months.
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The accepted definition of the all-year school is one in which the school program is organized into a school year of four quarters of twelve weeks each.
Articles written about the all-year school plan rely heavily upon judgments held by interested parties, rather than conclusions drawn from carefully designed research.
WHERE HAS THE PLAN BEEN TRIED?
At the present time no city school system operates its elementary and second ary schools on an all-year basis. . . . School systems which have introduced the all-year school have eventually discarded it, usually for reasons unrelated tp measurable effects on learning experiences.
Bluffton, Indiana, first introduced the four-quarter plan of school organiza tion in 1904. The Bluffton plan, which limited the attendance of each child to three of the four quarters, was discontinued in 1915. The all-year school plan reached the height of its popularity in 1925, when thirteen cities had some or all of their schools so organized.
Newark, New Jersey, began to experiment with the all-year school in 1912 and, although it became a center of controversy, reported some satisfaction with the results.
In 1925, the Newark Board of Education, after voting to abandon the plan, requested the services of an outside consultant agency to examine the evidence relating to the success or failure of the all-year schools in that city. Significantly, the survey team recommended that the all-year schools be continued, and that they be given additional facilities to make their work more efficient and more effective. However, the Board stood by its earlier decision.
In 1928, the Aliquippa, Pennsylvania schools, faced with a sudden growth in enrollment and lacking funds for additional construction, turned to the allyear school as a solution to their problems. . . . Aliquippa reverted to the standard school year in 1939 when its financial problems became less acute.
YEAR-ROUND SCHOOL
School vaction: June, July, and August. These are the months when school plants in nearly 40,000 districts are closed up and standing idle, when a million or more teachers are out of work or are employed in temporary jobs, and when millions of children and teachers in towns and cities throughout the country have time on their hands. This is not an unusual situation; it is commonplace; it is traditional. It reflects the conception deeply imbedded in the minds of Ameri can people of what schools ought to do and how schools ought to be operated and for how long.
LIFE WAS DIFFERENT
The practice of a long school vacation during the summer months has its origin in our earlier agrarian life when children were needed on the farms and
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around the homes during the planting, growing, and harvesting season; when the demands for organized educational experiences were less insistent; when children and youth had more opportunity than they now have to learn about work, to develop vocational skills and competencies, and to develop a genuine understanding of community life through actual work experiences. And yet we hold on to his old school calendar at a time when the country as a whole is confronted with a serious shortage of teaching personnel, when school-building facilities are grossly overcrowded or sorely lacking; and when there are insistent pressures on children, youth, and adults to learn more and to learn it better.
The almost universal practice of leaving school plants and teaching personnel idle at a time in our history when every available education resource is needed should be carefully reexamined in the light of present circumstances and existing needs.
TIME FOR A NEW LOOK
The necessity for using all available educational resources to the best pos sible advantage and a concern for finding ways to teach more and to teach it better have stood out clearly in the recent nationwide discussions of educational problems. These concerns have emerged neither because the schools have been extravagant or wasteful in the use of financial resources nor because they have fallen short of established goals. Rather, they have emerged as overriding con cerns because available financial resources, facilities, and personnel need to be stretched further to meet the demands currently placed upon the schools and because of the increasing necessity for a well-educated citizenry. If the signs of the times can be read with any degree of accuracy, they clearly indicate need in the years to come for more highly developed skills, more technical information, and a broader range of vision and understanding on the part of every citizen. It is toward these ends that much of the present-day discussion is directed.
Meeting the needs of an ever-increasing number of children and youth and adding new measures of quality to the educational program beyond what is now provided in most communities will take more personnel, will indubitably call for more and better facilities, and will cost more money. If educational programs in the future are to be better than the programs we now have, more money as well as time must be put into them. Better utilization of existing facilities and personnel through extending the school year or through developing what is frequently called a year-round educational program is a promising hope for achieving a more adequate education.
FACING UP TO THE FACTS
To the practical-minded citizen, the hardheaded businessman, or the anxious parent who desperately wants broader and better educational opportunities for his children, the year-round school makes a lot of sense. Why?
1. The school plant already exists, fully equipped and ready for use.
2. The overhead costs of administration continue to be approximately the same in many communities whether the schools are open or closed during the summer months.
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3. Fixed charges such as insurance, interest, and capital outlay costs remain fairly constant whether the schools are in operation or shut down.
4. The teaching staff--the community's most important educational asset-- is, in considerable measure, already mobilized.
5. A large percentage of the children of school age, particularly in towns and cities, is left without any constructive developmental programs during the three summer months.
GAINING MOMENTUM
The concept of an all-year school has been discussed and debated intensely in recent years. With this discussion, for the most part based upon judgments held by interested parties rather than upon information drawn from carefully designed research, increased controversy rather than common agreement on principles and approaches has been the result. ... In general, however, they have been based on the assumption that education does not end in June and begin again in September and that schools, like business and industry, should be organized on a year-round basis.
NOT ENTIRELY NEW
The four-quarter staggered plan can be traced back to Bluffton, Indiana, in 1904. In many communities some aspects of a year-round school program are well established. Vocational agriculture programs have operated on a yearround basis in rural areas of the country for the past 40 years. Comparable programs have been in operation in vocational home economics and distributive education. Remedial programs, music programs, arts and crafts programs, and recreational programs also have been operated during the summer months in many school districts. While these have been special features of the complete educational program and generally have not reached a large precentage of the school enrollment, they do suggest what can be done through a year-round edu cational program.
LET'S ATTACH SOME LABELS
Over the years a number of approaches to a year-round educational program have claimed considerable attention. Some of then have been tried. It is important that each of these major plans be defined. Unless this is done, the merits or weaknesses of any one are likely to be confused with the strengths and liabilities of another. Although there are numerous variations and combinations, four basic types stand out:
PLAN 1
A STAGGERED QUARTER FOR ALL
A 48-week, four-quarter, staggered-vacation school year which allows stu dents to attend three of the four quarters. With this plan the traditional three-
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month summer vacation is virtually eliminated. In a staggered plan of enroll ment, three-fourths of the children theoretically are in school while one-fourth are on a three-month imposed vacation. Teachers may be employed for three or for all four quarters, depending upon the employment arrangements made between the board of education and individual teachers. It is conceivable that teachers might be employed for fewer than three quarters, although advocates of this plan recommend that teachers be employed on a four-quarter basis. With this type of employment arrangement, there would be about 48 work weeks in the year, with approximately 30 days left for vacation.
PLAN 1
WHAT'S REALLY INVOLVED IN A STAGGERED QUARTER PLAN FOR ALL?
Assuming that the commonly operated 36-week school year allows sufficient time for adequate instruction, the staggered four-quarter plan at first glance seems to be a sensible and economical plan for operating a school system. The proponents of this plan tend to be persons seriously trying to find ways to hold down mounting costs, to meet the serious school-building shortage, and to utilize better the limited teaching personnel. Thus, it is a very natural observation that efficiency might be increased if school organization structure utilized staff and facilities to the maximum. From general observation they assume that increased efficiency in the utilization of staff and facilities through a staggered four-quarter plan of operation would minimize substantially the harrassing problems of teacher shortage and housing needs.
WHAT ARE THE ADVANTAGES CLAIMED FOR THE STAGGERED FOUR-QUARTER PLAN?
1. Each child is guaranteed as much instruction time as is normally given. Yet, theoretically, 25 percent more pupils are cared for by approximately the same staff and with the same number of classrooms, laboratories, libraries, and playgrounds.
2. Pupils graduate on schedule.
3. Double shifts, together with the usual shortened day, are unnecessary.
4. The need for new building and equipment facilities will be drastically reduced.
5. Expenditures for personnel, new construction, and new equipment will be reduced.
6. With full-time employment for teachers and better annual salaries, the teacher-turnover problem will be less serious. Teachers, especially men, would not be forced to seek summer employment or to turn eventually to occupations offering greater remuneration.
WHAT ARE SOME OF THE PROBLEMS INHERENT IN THE STAGGERED QUARTER PLAN?
1. ... The loads must be exactly divisible by three so that each quarter the pupils in attendance use every room to capacity. Unused classrooms or teachers with substandard loads reduce the theoretical economy. . . .
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2. Prevailing patterns of family and community living and working habits militate against the acceptance of the staggered quarter plan. Clearly, if parents who have two or more children in school were given an opportunity to. choose which quarters to have their children attend, they would generally want all of them to be in school during the same quarters. Furthermore, they would want vacation schedules for all members of the family to coincide, very likely in the warm months. ...
3. The economies are not as great as some have claimed. . . . Teachers' salaries, too, would have to be adjusted upward for those on a full-year teaching assignment, and part-time teachers are likely to be needed as replacements throughout the year. ...
4. Children and youth in great numbers would be neglected and juvenile delinquency would be encouraged unless families and community organizations quickly expended time and money to establish substitute community services and facilities for the school-age youngsters who would be out of school in the fall, winter, and spring quarters. ...
5. Student activities of all kinds would be difficult to achieve and ad minister under the staggered-term plan. For example, if the coaches did the scheduling, all football players would likely be enrolled in the fall term, basket ball players in the winter and spring, track and tennis aspirants in the spring and fall, and swimming all four terms.
PLAN 2
A FULL 48-WEEK SCHOOL YEAR FOR ALL
A full 48-week school year in which students attend four quarters of ap proximately 12 weeks each. Approximately four weeks will be left for vacation in this plan of operation. This vacation will likely be distributed among ap propriate times throughout the year such as the Christmas and Easter holiday seasons and other periods that may be set up in the school calendar. This type of program gives students an opportunity to accelerate and complete four years of work in three years, or to take additional courses. Under this type of organiza tion, teachers work 48 weeks with approximately 30 days for vacation and so do the pupils.
PLAN 2
WHAT'S REALLY INVOLVED IN A FULL FORTY-EIGHT WEEK SCHOOL YEAR FOR ALL?
With this plan regular school is in session the year round with the exception of a one-month summer vacation period. Advocates of this plan agree that aboveaverage children could easily accelerate under this plan, while other pupils could more easily repeat grades failed. Gifted children could complete 12 years in nine, while less gifted children, who did fail grades, could nevertheless get through their elementary and secondary-school education in the present, normal period of 12 years. A voluntary feature of this plan permits those who wish to attend for a full year to do so and those who strongly object to being in school through out the year to attend only for the present term of about nine month. ...
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The voluntary program was in operation in Newark, New Jersey, from 1912 to 1931, and in Nashville, Tennessee, from 1924 to 1932. Pupils in these school systems were able to obtain schooling continuously if they so chose. . . . Both cities discontinued the program. . . .
In 1955, the Citizens' School Study Council of Fairfield, Connecticut studied the all-year plan under which children would be required to attend classes at least 11 months. The plan was considered for economic reasons--the desire to fully utilize the existing school plant and to save money on the construction of additional buildings. After considerable study, it was decided, however, that the social and administrative disadvantages of the plan far outweighed the economic advantages, and the plan was rejected.
At the present time, compulsory all-year schooling is not known to be in operation anywhere in the country.
PLAN 3
A VOLUNTARY SUMMER PROGRAM
A regular 36 to 40-week program with a summer program varying in length from four weeks to 12 weeks. The regular program runs in the conven tional manner with a conventional curriculum. Some opportunities are provided for remedial and makeup work in the summer school program; but major em phasis is usually placed on course offerings and experiences above and beyond what is offered during the regular term, such as advanced courses in science, mathematics, literature, social studies, music, drama, arts and crafts, personal typing, special vocational experiences, and physical education. This type of program is used to supplement the regular 36-week session. Faculty members could serve in the summer program as a matter of choice; or the full faculty could be used with staggered assignments, with some being permitted to do professional production work, to travel, or to attend summer school.
PLAN 3
WHAT'S REALLY INVOLVED IN A VOLUNTARY SUMMER PROGRAM?
Summer school is old stuff. But a new ingredient has been added. Yesterday, summer school was for the dunces, the slow learners, the retarded; today, the bright and the averages are also being given an opportunity to enrich their programs.
Experience in communities where such types of programs have been in operation for a number of years shows that about one-third of the children enrolled in the school normally took advantage of the special opportunities provided by the summer school program. . . .
The summer school program affords real opportunity for educational ad vantages to the children, only a few of which could be suggested here. Some children come to summer school for remedial work or to do make-up work. This part of the program is essential. But the summer school program should be no means be labeled as a remedial and make-up program only. It also should be an
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opportunity for wider and richer educational experiences. Some pupils might want to take advantage of this instructional period for the purpose of acceleration, but again this number should be relatively few. The greatest advantage probably would be in enrichment. Gifted children might take advanced courses in chemistry, physics, mathematics, creative writing, or painting. Others might take part in a great books seminar, becoming acquainted with the thinking of some of the great philosophers of the ages. Others would take courses that would not fit into their regular school programs, such as personal typing, nature study, wood working, music, crafts, or shorthand. And there would, of course, be opportunities for special work in foreign languages. In this type of program, many of the traditional regulations that tend to restrict the pupils' work during the regular school term would be removed. It would be an opportunity for exploration, for experimentation, for reaching out above and beyond the boundaries of the normal classroom operation. It would truly add new dimensions of quality to the instruc tional program.
More school systems each year seem to be moving in the direction of extend ing the school program into the summer months in one form or another. . . .
PLAN 4
A SUMMER PROGRAM FOR PROFESSIONAL PERSONNEL
A regular 36 to 40-week program for students with the faculties serving an additional 10-12 weeks or a reasonable proportion thereof with assignments devoted to improving the program of services to students during the coming year. Faculty members would be assigned to summer workshops, special summer work in universities, curriculum studies, the preparation of special materials for instruction, and similar activities.
PLAN 4
WHAT'S REALLY INVOLVED IN A SUMMER PROGRAM FOR PROFESSIONAL PERSONNEL?
Anything short of the best instructional methods is not good enough for any school. The instructional program cannot be kept vitally alive by merely adding more courses, increasing the number of units required for graduation, and insisting on more homework for pupils. One of the most fruitful approaches that can be made to adding quality to the school program is through professional growth of instructional staff members. This growth takes place as staff members study and improve teaching methods, reorganize and revise curriculum content, and gain new insights into how children learn.
1. Teachers are employed on a 12-month basis with 48 work-weeks and four weeks of vacation.
2. Children attend school for the traditional 36 to 40 weeks.
3. Teachers, together with administrators and supervisors in the district, are engaged in instructional and curriculum planning during the 12 summer weeks when children are not in school.
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Communities that develop and operate programs of this kind will be con fronted with challenging but not insurmountable problems:
1. Such a program will cost money. Experiences in districts which have programs of this kind indicate an increase of about 10 to 20 percent in the current expense budget.
2. The expenditure of public-school money for the professional improvement of individual teachers is a considerable departure from general practice. Unless people in the community understand the purposes of such expenditure and see that it constitutes a sensible use of school funds, they will not support it enthusiastically.
3. The leadership responsibilities of the administrative and supervisory staff increase tremendously.
SOME MERITS OP PLANS 2, 3, and 4 OR COMBINATIONS OP THEM
Recently a number of teachers and administrators who had participated in voluntary summer programs for pupils and an extended year for faculty members were asked to identify the strengths of such programs. Some of the more common responses were:
1. The need of children, both directly and indirectly, are provided for.
2. The professional growth of teachers is accelerated.
3. Teaching becomes a full-time profession.
4. Teachers begin the regular school year with a greater sense of security.
5. Curriculum revision can take place in a relaxed atmosphere.
6. Greater time can be devoted to the selection of textbooks and other teaching materials.
7. System-wide workshops and committees provide teachers with an oppor tunity to understand other teachers and their problems.
8. Teachers have an opportunity to become better acquainted with students and parents.
9. Teachers have a greater opportunity to become an integral part of the community.
10. Teachers' salaries more nearly approach a professional level.
11. Opportunity is provided for adequate orientation of new teachers.
12. Opportunity is provided for teachers to learn about the community and to become better acquainted with the philosophy and services of the school system.
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13. As teachers participate in workshops, orientation programs, examination and discussion of students' records, and the many other activities of the summerschool program, they become better able to guide and direct children during the regular school year.
14. Opportunity is provided for system-wide, vertical curriculum meetings which contribute to an understanding of the total curriculum by all teachers.
15. All resources, human and material, are used to the maximum.
PROCEDURES FOR ARRIVING AT POLICY DECISIONS ON THE LENGTH OP THE SCHOOL YEAR
If the leadership of a community decides to reappraise the length of its school year, a number of approaches might be suggested. The following may prove helpful.
First of all, the leaders should consider thoroughly who should be involved in the decision-making process and when they should be involved. Clearly, the leaders themselves--the superintendent, the principals, representative teachers, school board members, together with heads of civic, labor, and business groups-- must go through a study and discussion experience. They need not all work simultaneously, however. Probably the profession with the guidance of the superintendent, should be first to examine such questions as:
(a) Is there a need for change in the length of the school year to make the school more efficient, for economical reasons, or to extend pupil services to the end that higher quality education and better learning will result?
(b) Have the educational demands of the time so increased and the cur riculum expanded so much that pupils must have more time in school to meet the requirements?
(c) Does the long period of preparation for those who assume complex occupational roles suggest need for acceleration?
Any such review will likely involve serious study of the contemporary social, economic, political, and cultural developments, together with a look at the chang ing international scene and its implications for education. If such reviews indicate the need for a longer school year, attention should next center on the various plans for operating a year-round program. Faculty meetings devoted to discus sions of the plans outlined in this bulletin, along with reports on various pub lications listed in the bibliography should be helpful. Similar activities and pro grams could later be undertaken with parent-teacher, civic, and business groups.
Once the leaders from the teaching profession and from other agencies and organizations reach a consensus of opinion on what ought or ought not to be done, then wide publicity and discussion should permeate all strata of the com munity. Out of this should come general agreement on an appropriate program, together with a plan for securing the additional revenues needed. Only after all this is done is it wise for a board of education to adopt a policy.
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JOURNAL OF THE HOUSE,
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OP REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
REPORT OF COMMITTEE CREATED TO STUDY THE TAXATION OF RURAL LANDS
Senate Resolution No. 98
THE COMMITTEE
Honorable Hugh M. Gillis Senator, 20th District Chairman
Honorable Brooks Pennington, Jr. Senator, 45th District
Honorable Robert A. Rowan Senator, 8th District
November 30, 1965
REPORT OF THE COMMITTEE TO STUDY THE TAXATION OF RURAL LANDS
The Committee to Study the Taxation of Rural Lands was created pursuant to S. R. No. 98. The members appointed by the Lieutenant Governor were: Senator Hugh Gillis, Chairman, Senator Robert A. Rowan and Senator Brooks Pennington, Jr.
The organizational meeting was held in conjunction with a similar House Committee (H. R. 305) composed of Representative Harry Mixon, Chairman, Representative A. B. C. Dorminy and Representative Sidney Lowrey, and with the Director and members of the Georgia Forestry Association.
We obtained information from forest landowners as to their problems and a request for our help in solving the tax discrepancies that exist in Georgia on forest lands.
We had two other meetings in Macon with the Forestry Association and many other interested parties. We heard testimony from people who owned land in Georgia, Alabama, Florida and South Carolina. They were of the unanimous opinion that we must do something to improve our taxation situation or face the loss of industry and curtail the promotion of timber growth in Georgia.
We are convinced that something must be done to promote forestry growth and this great industry in Georgia, and offer the following report:
The Committee first considered the objectives and requirements of a good rural land tax for Georgia. It is to be expected that different points of view will cause varying weights to be placed on the objectives and requirements of a
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good tax program for farm and forest lands. A listing of the following objec tives places the problem in proper perspective and clarifies thinking on the subject:
1. Farm and forest land taxes should not impose a burden on the land owners which involves either subsidy or discrimination.
2. Farm and forest land taxes should provide counties with adequate and relatively stable revenue.
3. A farm and forest land tax system should eliminate as much uncertainty as possible in the future level of property taxes.
4. Farm and forest land taxes should not be so inflexible as to cause a high rate of tax delinquency in times of economic recession, nor should they be so fixed that taxes could not be increased when profits or inflation advanced by a significant amount.
5. Farm and forest land taxes should impose no obstacles to the best use of the land or to new investments in agriculture and forestry.
6. The taxation of farm and forest properties should be a simple procedure.
7. The taxation of farm and forest properties should involve a minimum of State control and supervision.
With these objectives in mind, an examination of the present tax structure on farm and forest lands is in order. Change just for the sake of change is undesirable, but justifiable changes are both desirable and essential. How well does our present property tax program meet the desired objectives of a good tax?
Present Georgia law requires uniform taxes on all types of property accord ing to its "fair market value" 1 (what would be realized by a cash sale). A recent study (completed in 1964) by the University of Georgia established that in 1963 eighty-four (84%) per cent of Georgia's counties did not comply with the law. Recent revaluation programs have demonstrated the existence of a variety of methods used to determine value of farm and forest lands for property tax pur poses. It seems fair to state that present laws are such that county assessors are unable to comply with them. The fact that crop land and forest land are handled in different ways for purposes of valuation further increases the in herent difficulties in assessing rural property. Since present law and present practice seem to differ, there appears to be an urgent need for improvement in the tax laws relating to rural lands.
RECOMMENDATIONS FOR IMPROVING THE PROPERTY TAX PROCEDURES ON RURAL LANDS IN GEORGIA.
The typical county in Georgia is unable to obtain data processing equipment or employ a staff of well-trained property assessors. By necessity, this forces
Georgia Code #92-5702 (1933)
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the understaffed county assessor's office to devise some standard procedure which can be handled with available staff. A standard solution adopted by many counties in the past has been to lump all farm crop land and forest land into single value classes--each at some arbitrary dollar value. The physical im possibility of accurately determining the "fair market value" of farm and forest lands by understaffed offices is further complicated by the need to place a value on the timber on the forest land. Needless to say, this value constantly changes because of growth, harvesting, and losses due to natural causes such as fire, ice storms, wind storms, and infestations by insects or diseases.
The inefficiency, inaccuracy, and inequity produced by our present system necessitates a search for a system of property taxation on rural lands which will more nearly satisfy the objectives of a good property tax law and provide the assessors with workable procedures.
Study of severance taxes, yield taxes, and modifications of these two sys tems leads to the conclusion that they offer little in the way of improving our current situation. Several states have concluded that rural lands should be taxed according to the productive capacity of the land. This approach seems to offer the best possibility for improvement in Georgia.
Using the productivity approach offers an opportunity to meet most of the objectives of a good property tax. County governments can obtain stable and predictable revenues, and landowners will have less uncertainty as to future tax levels under such a system. A system can be so designed that flexibility will be adequate. The present absurdity of requiring property taxes on timber growth not only in the year in which the growth occurs, but every year thereafter until the trees are harvested, can be eliminated. A very simple system--one that is easy and efficient to administer--can be implemented. State control and super vision could be held to a minimum. Assessors could efficiently comply with such a system with a minimum of staff. Such a system, through its efficiency and stability, should attract new agricultural and forest industries.
To realize the benefits afforded by such a system in Georgia requires legis lation. First, a constitutional amendment must be approved, providing for a uni form method of assessment of farm and forest land. Secondly, enabling legisla tion must be passed, setting up the specific machinery of such a system.
This Committee therefore recommends:
1. Passage of a constitutional amendment that will permit the taxation of farm and forest lands on the basis of the productivity of such lands for farm and forest crops.
2. State provision to counties of tables showing the range of values of farm and forest lands in each of the major resource areas of the State in accordance with productivity classes. Tables, based on varying assess ment ratios, should be published annually or at other intervals as values of the productivity classes change.
3. Assignment by local assessors of specific values within the ranges sup plied by the State to the lands of taxpayers in accordance with specific locational factors.
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It is believed that such a system would be fair to landowners and county governments and could be easily and economically administered. It would pro vide uniformity in assessment within and between counties. Our present anti quated procedures have been a deterrent to new industry, whereas the proposed system would be an attractant.
The Committee wishes to emphasize that the proposed system is not designed to reduce property taxes on farm and forest lands. On the contrary, it is ex pected that the proposed system will increase tax receipts in many counties. Recent sharp increases in taxes in some counties may be excessive, and in these cases the proposed system may effect a tax reduction.
The proposed system would lead toward equalization of assessments within and between counties. Local governments would continue to set millage rates within state-controlled limitations and would, therefore, experience considerable latitude within ranges of values for productivity classes. This system would still afford a degree of flexibility and local control.
Should Georgia adopt this approach, it will be able to boast a progressive, consistent, and fair tax system on rural lands for all interested industrial prospects.
The Committee wishes to thank Dr. L. A. Hargreaves, School of Forestry, University of Georgia; Mr. George W. Peake, Jr., President, Georgia Forestry Association; Mr. Harvey R. Brown, Executive Director, Georgia Forestry Asso ciation; Mr. Jim L. Gillis, Jr., Co-Chairman of Legislative Commission on Forest Land Taxation; Mr. John Langdale, Co-Chairman, Legislative Committee, Geor gia Forestry Association; Mr. Holt Walton, Chairman, Tax Committee, Georgia Forestry Association; Mr. Edward Ruark, Director, Georgia Forest Research Council; Mr. Ray Shirley, Director, Georgia Forestry Commission; and the many landowners, who appeared before the Committee to express their views.
Respectfully submitted,
fa/ Hugh M. Gillis Hugh M. Gillis, Chairman Senator, 20th District
/s/ Brooks Pennington, Jr. Brooks Pennington, Jr. Senator, 45th District
/s/ Robert A. Rowan Robert A. Rowan Senator, 8th District
December 20, 1965
2928
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TO: HONORABLE PETER ZACK GEER Lieutenant Governor
HONORABLE GEORGE T. SMITH Speaker, House of Representatives
MEMBERS OF THE GENERAL ASSEMBLY
We are pleased to submit the report of the Tax Equalization Committee.
Respectfully submitted,
/a/ Maddox J. Hale Maddox J. Hale, Chairman Representative, Dade County
REPORT OF THE TAX EQUALIZATION COMMITTEE
This committee was created pursuant to the authority of House Resolution 264. The Speaker of the House of Representatives appointed to the committee Arthur K. Bolton, Maddox J. Hale and William B. Steis. Representative Bolton was elected chairman, Representative Hale vice chairman and Representative Steis secretary. In June Chairman Bolton resigned from the General Assembly to assume other duties. Representative J. Robin Harris of DeKalb County was appointed to the committee by the Speaker and the committee reorganized, elect ing Representative Hale chairman, Representative Harris vice chairman and Representative Steis secretary.
BACKGROUND OF COMMITTEE:
The Tax Equalization Interim Study Committee of the General Assembly has been functioning for the last several years. Since the inception of these com mittees, the committee has continuously had under study the problem of assessing and collecting the ad valorem tax on motor vehicles. As a result of the com mittee's study, the 1962 interim study committee recommended for adoption by the General Assembly a constitutional amendment authorizing the General As sembly to classify motor vehicles as a separate class of tangible property and to provide for its taxation. The 1963 session of the Georgia General Assembly adopted a resolution proposing this amendment to the Constitution. At the 1964 general election, the people of the State of Georgia overwhelmingly ratified this amendment by a vote of 284,911 to 174,184. This amendment carried in 131 of Georgia's counties. The 1964 Tax Equalization Interim Committee proposed to the 1965 session of the General Assembly a bill (H. B. 210) implementing this constitutional amendment by providing for the ad valorem taxation of motor vehicles. This committee has devoted a majority of its entire operation during the course of its study to the perfection of this legislation and the attendant problems connected therewith.
STUDY OF THE COMMITTEE:
Shortly after the adjournment of the 1965 session of the Georgia General Assembly, the committee members, jointly and separately, commenced hearings and conferences with the various persons and organizations, both state and pri-
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2929
vate, particularly concerned with the problem of the ad valorem tax on motor vehicles. Numerous informative and investigative contacts were made by repre sentatives of the committee. After a great deal of research and deliberation, a public hearing was held during August at which members of the general public, as well as all interested organizations and associations, were invited to appear and express their opinions and give the committee the benefit of their sugges tions. Based upon all the information developed by the committee, the committee undertook the drafting of certain changes to the basic bill, Committee Substitute to H. B. 210. It has at all times been the desire and intent of this committee to eliminate any undue hardship to any particular group or enterprise. The final drafts of the bills which the committee has approved and will recommend to the 1966 session of the Georgia General Assembly have been prepared in an at tempt to preserve as nearly as possible the present and existing laws as they apply to the taxation of motor vehicles, and at the same time carry out what the committee considers was the mandate from the people of Georgia as expressed by their overwhelming ratification of the subject constitutional amendment.
In addition to the vote of the people, the following organizations have time and again expressed to the committee their overwhelming support of the prin ciples which the committee is trying to effectuate and provide for in the subject bills: The Georgia Municipal Association, the Georgia Association of County Commissioners, the Georgia Education Association, the Georgia State Chamber of Commerce, the Georgia Association of Assessing Officials, the Georgia Tax Collectors Association, and many grand juries from throughout the state.
EXPLANATION OF THE BILL:
The essential ingredient of the subject bills would require that the ad valorem taxes on motor vehicles be paid at the time when the motor vehicle license plates are purchased. Various methods have been suggested to the committse for the accomplishment of this purpose including a receipt-type collection system as well as other variations similar to a receipt system. The committee has exhaustively considered all of the different recommendations submitted, not only since the end of the 1965 session of the Georgia General Assembly but for many years prior thereto, and it is the unanimous considered judgment of this committee that the only effective means of accomplishing and implementing the provisions of the subject constitutional provisions and of accomplishing the pur poses and intent as expressed therein is to provide and require that the ad valorem taxes be actually paid at the time the vehicle license plates are pur chased. The committee feels very strongly that nothing less will accomplish the intended results and these conclusions are based upon an exhaustive study of the problem in this state and adjoining states.
Several mechanical changes in the operation of assessing and collecting ad valorem taxes on motor vehicles are necessary to accomplish the main aim of the committee. With the exception of these mechanical and operational pro cedures, the committee feels that it has maintained the present law relating to the collection of ad valorem taxes on motor vehicles as nearly as possible but yet, through requiring the payment of ad valorem taxes prior to the purchase of license plates, has provided an effective means of insuring that all ad valorem taxes which are due on motor vehicles shall be assessed and collected. In order to accomplish the end result, it is necessary to propose two bills for the General Assembly's consideration. The main bill implements the aforementioned con-
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stitutional amendment and the companion bill merely conforms the existing law to the changes necessitated in operational procedures. One important feature of the companion bill does merit special attention. A provision has been incor porated whereby owners of the motor vehicles which require the more expensive tags may make installment payments of the license fee. A text of each hill and a brief synopsis of each may be found appended hereto as exhibits to this report. There is no way of accurately determining the additional revenue which will be made available to counties and municipalities through the enactment of this legislation. The closest and most accurate estimate which has been furnished to the committee is that approximately five million additional dollars will he col lected by these local political subdivisions. The committee would hasten to add that the provisions of the redrafted bills do not constitute any kind of tax in crease but rather provide enforcement and collection machinery for the collection of the taxes that are now due but, for one reason or another, have not heretofore been collected.
The committee during the course of its study is impressed with the fact that under the present system for classification of motor vehicle license plates there are many inequities insofar as the distribution of the tax load represented by the license fee, particularly is this true of the truck classification of for-hire motor vehicles. The present laws, rules and regulations of the State Revenue Commissioner providing lor the classification of such license plates are anti quated, rather hodge-podge and in many instances multiplicious. Although the committee has been concerned primarily with the payment of ad valorem taxes on motor vehicles, it is the opinion of the committee that there are entirely too many classifications of license plates for motor vehicles, with numerous inequi ties insofar as the fee required is concerned. This committee feels and recom mends that additional study is required and recommends that a future legisla tive study committee be authorized to investigate and study this problem and make specific recommendations for improvements in this particular area.
Fifty counties in Georgia have gone through a revaluation program and forty-nine of the remaining counties are presently going through a. reevaluation program or have entered into contracts with the reappraisal firms to accomplish this.
The committee recommends that this progress continue and accelerate and that once reevaluation is accomplished periodic updating be maintained by the counties involved. The committee recommends that a new study committee should be established to assist in the implementation of these aims as well as to keep the reevaluation programs current and thus protect the investments already made in this area.
Respectfully submitted,
Is/ Maddox J. Hale Maddox J. Hale, Chairman Representative, Dade County
/s/ J. Robin Harris J. Robin Harris, Vice Chairman Representative, DeKalb County
/s/ William B. Steis William B. Steis, Secretary Representative, Harris County
INTERIM COMMITTEE REPORTS
2931
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 assessment, and dates of assessment for such property pursuant to Article VII, Section I, Paragraph III of the Con stitution; to define the term motor vehicle; to provide for the return of motor vehicles for ad valorem taxation and the payment of such taxes; to provide for the form of such returns; to provide for a penalty for the failure to make such returns or pay said taxes; to provide where such returns shall be made and the taxes paid; to provide that local county tax collectors or tax commissioners shall collect the ad valorem taxes on motor vehicles of all taxing authorities; to provide that the State Revenue Commissioner shall prepare and distribute annually a uniform evaluation of all motor vehicles; to provide for the mill rate to be applied to such evaluations; to provide for a method of judicial re view; to provide for the remittance of the taxes collected; to provide for the compensation of such tax collectors and tax commissioners for collecting such taxes; to provide for the disposition of such compensation; to provide that the county tax collectors and tax commissioners shall be the agent of the State Reve nue Commissioner for the purpose of accepting applications for the registration of all motor vehicles; to provide for the inclusion of motor vehicles upon the tax digests of the various taxing authorities; to provide for an effective date; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Pursuant to Article VII, Section I, Paragraph III of the Con stitution, motor vehicles, for the purposes of ad valorem taxation, are classified as a separate and distinct class of tangible property. The procedures prescribed by this Act for returning motor vehicles for taxation, determining the applicable rates therefor, and collecting the ad valorem tax imposed thereon shall be ex clusive.
Section 2. For the purposes of this Act, a motor vehicle is defined as any vehicle which is designed primarily for use upon the public roads.
Section 3. Every motor vehicle owned in the State of Georgia on the first day of January is subject to ad valorem taxation by the various taxing juris dictions authorized to impose an ad valorem tax on property. Taxes shall be charged against the owner of the property if known and against the specific property itself if the owner is not known.
Section 4. Each year every owner of a motor vehicle subject to taxation /under the provision of this Act must return the same for taxation and pay the taxes due thereon at the time the owner makes application for the registration of his motor vehicle and the purchase of a license tag therefor or on the first day of April, whichever occurs first. If the owner of a motor vehicle returns his vehicle for taxation prior to the date that the application for the purchase of a license tag is required, he shall make application for the purchase of said tag at the time he returns said vehicle for taxation. If no license plate shall be required for the motor vehicle, the owner shall nevertheless return said motor vehicle for taxation as provided for herein, but no license plate need be pur chased. Except as is provided for in Section 12, no license tag for any motor
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vehicle shall be issued by the tax collector or tax commissioner until all ad valorem taxes due thereon have been paid.
Section 5. In those instances wherein a motor vehicle which has not previously been registered with the State Revenue Commissioner shall be pur chased from a seller who is required to return said vehicle for ad valorem taxation in a county other than the county of the residency of the purchaser, the tax collector or tax commissioner wherein said motor vehicle is returned for taxation shall collect the required fee for the registration of said vehicle in addi tion to the ad valorem tax due thereon and transmit to the tax collector or tax commissioner of the county of the purchaser's residency said fee and the applica tion for registration along with an appropriate certificate which shall indicate that all ad valorem taxes due thereon have been paid. Upon receipt of said fee and documents, the tax collector or tax commissioner of the county of the pur chaser's residency shall issue the required license tag.
Section 6. Motor vehicles owned by residents of this state shall be returned in the county of the owner's domicile unless such vehicle is primarily used in connection with some established business enterprise located in a different county, in which case it shall be returned in the county where such business is located. Motor vehicles owned by non-residents shall be returned in the county where situated.
Section 7. The application for registration of a motor vehicle and the pur chase of a tag therefor shall constitute the return of that motor vehicle for ad valorem taxation. The State Revenue Commissioner is directed to prescribe a form which shall be used for the application for registration which shall pro vide the information needed by the tax commissioner or tax collector in deter mining the amount of taxes due under the provisions of this Act.
Section 8. Every owner of a motor vehicle, in addition to the ad valorem tax due thereon, shall be liable for a penalty of 10% of the tax due or $1.00, whichever is greater, for the failure of said owner to make the return or pay the taxes in accordance with the provisions of this Act.
Section 9. The tax collector or tax commissioner receiving the return shall collect all ad valorem taxes imposed on such vehicle, irrespective of the taxing authority levying such taxes; and no other official shall be authorized to collect such taxes.
Section 10. The State Revenue Commissioner shall prepare annually and distribute to each of the county tax collectors and tax commissioners a uniform evaluation of all motor vehicles for their use as the taxable value of all motor vehicles.
Section 11. Ad valorem taxes imposed on motor vehicles by a taxing au thority shall be at the mill rate assessed by such taxing authority on tangible property for the previous calendar year.
Section 12. Any applicant for a motor vehicle license plate who contests the assessment of an ad valorem tax against said vehicle may purchase such license plate without payment of the ad valorem tax assessed thereon by filing with the tax commissioner or tax collector an affidavit of illegality to the
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assessment together with a surety bond issued by a surety company authorized to do business in the State of Georgia, or in lieu of such bond, a bond to be approved by the clerk of the superior court of the county, or a cash bond, all of which shall be in an amount equal to the tax and any penalties and interest which might be found to be due. The bond shall be made payable to the tax collector or tax commissioner and conditioned upon the payment of taxes and penalties ultimately found to be due. The affidavit of illegality and bond shall be immediately transferred by the tax commissioner or tax collector to the superior court, filed therein and shall be tried as affidavits of illegality are now tried in tax cases.
Section 13. The tax commissioner or tax collector collecting the ad valorem taxes on motor vehicles shall remit to the taxing authority imposing the tax such sums as have been collected, less the commissions hereinafter provided, on or before the fifteenth day of the month following collection.
Section 14. The tax collector or tax commissioner shall be compensated for his services in collecting the ad valorem taxes on motor vehicles of the various taxing jurisdictions within his county by such jurisdiction as follows:
On all net collections made dur
ing any calendar year for
each jurisdiction up to and
including
$ 6,000.__----.,,----_--_----6
Over $ 6,000 and not exceeding $14,000------_--,,--___.5
Over $14,000 and not exceeding $24,000___----.__._____.._______4
Over $24,000 and not exceeding $36,000___.^-......--_._------___3
Over $36,000 and not exceeding $52,000._----___..--.__----___.2%
Over $52,000 and not exceeding $76,000 .____--_,,._--_._,,____--_.2
Over $76,000 ..--.-.__..____..._._----._.--.....--_.......__--...--.__--._--___.!%
per cent per cent per cent per cent per cent per cent per cent
The schedule of commissions provided above may be changed and altered by the agreement of the parties concerned by contract in those instances which require individual adjustment. Provisions of laws now in effect covering such compensation shall not be repealed by this Act.
Section 15. All fees and commissions allowed local tax collectors and tax commissioners for collecting ad valorem taxes on motor vehicles shall be collected by such officials; and in those instances where such officials are compensated by the fee system, such commissions shall be retained by the local officials as a part of their compensation. In those instances where the tax collector or tax commissioner has been placed upon a salary in lieu of the fee system of com pensation, such fees and commissions shall be turned into the county treasury. Notwithstanding the above provisions, the fees and commissions provided for herein shall become the property of and shall be disposed of pursuant to the provisions of local acts specifically providing for the disposition of such fees and commissions.
Section 16. All original motor vehicle license plates shall be sold by the tax collector or tax commissioner of the several counties. Said local officials are hereby designated as the agent of the State Revenue Commissioner for the pur pose of accepting applications for the registration of motor vehicles. The duties and responsibilities incident to the exercise of such designation shall be a part of the official duties and responsibilities of the various local tax collectors and tax commissioners.
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Section 17. The value of all motor vehicles returned for taxation during the current calendar year shall he added to the regular digest at the time the same shall be transmitted to the State Revenue Commissioner and the total thereof shall be the tax digest.
Section 18. The provisions of this Act shall become effective on and shall apply to all tax years commencing on and after January 1, 1967.
Section 19. 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, sen tences, 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 Assem bly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 20. All laws and parts of laws in conflict with this Act are hereby repealed.
GENERAL SUMMARY OF EXHIBIT A
This bill has been drafted by the Tax Equalization Committee to accom plish one purpose only--to require the payment of ad valorem taxes on a motor vehicle prior to reissuance of a motor vehicle license plate for such vehicle. No attempt has been made to change the date of the tax imposition or any other substantive law. Several procedural changes were made, however, in order to accomplish this purpose.
Simply stated, this bill requires that the ad valorem taxes be paid on a vehicle for the year of its registration at the time the tag is purchased. For instance, if you buy a 1967 license plate for your car, you must make application for the plate in the county where the tax is due and pay the 1967 ad valorem tax to the tax collector of the county for the state, county, city and school sys tem. The tax is at the mill rate adopted for the previous year and the value of the car is taken from a uniform list prepared by the State Revenue Com missioner.
If the car was not in Georgia on January 1, then no tax would be due.
If the applicant for a tag contends that he does not owe any tax, a procedure is provided for the settlement of this question and he is immediately issued his tag.
SUMMARY BY SECTIONS
Section 1: This section classifies motor vehicles as a separate class of property for purposes of ad valorem taxation.
Section 2: This section defines motor vehicles.
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Section 3: This section fixes January 1 as the tax date for this class of property. (Note: This is the law currently.)
Section 4: This section permits the tax return to be made between January 1 and April 1. The current tag law permits the purchase of tags between these dates.
Section 5: Where a resident of County A buys a car from another County after January 1, the tax is owed by the person who owned the car on January 1 and the tax is returned in such other County. The tag application is then trans ferred to the tag agent in the new owner's county and the license tag is issued.
This section thus insures that the tax is paid in the county that is entitled to the tax under present law and also that the proper county prefix appears on the applicant's license.
Section 6: This section states which county is to receive the tax--no change in present law. See 92-6208.
Section 7: The tag application is a tax return.
Section 8: A simple penalty provision for failure to return or pay the tax.
Section 9: The county tax collector collects the tax for all authorities im posing ad valorem taxes. Thus, the taxpayer makes one return, one payment, one trip.
Section 10: The Revenue Commission makes a uniform evaluation list. This is done now and is used in most counties on a voluntary basis. This section will require the use of the uniform value.
Section 11: The tax rate is at the mill rate for the previous year.
Section 12: This provision provides for a method of contesting the tax liability and at the same time permits the issuance of the tag. This insures the taxpayer that he can operate his business even though he has a disagreement with the tax collector.
Section 13: The tax collector must pay over to the city the taxes collected in behalf of the city.
Section 14: The tax collector is compensated for collection of these taxes.
Section 15: The collection fees authorized are paid to the tax collector if he is on a fee system or in accordance with such local compensation bill as may be in effect. Where the tax collector is on a salary, the fees go to the county.
Section 16: Tags must be applied for on the local level. No tag sales at the Revenue Department.
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Section 17: The Motor Vehicle Digest is a part of the regular county digest so that the bond capacity, etc., are not altered.
Section 18: The bill is effective for the calendar year 1967.
Section 19: Severability clause, general.
Section 20: Repealer.
A BILL
To be entitled an Act to amend an Act pertaining to the registration and licensing of motor vehicles in the counties throughout the state, approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended by an Act approved March 4, 1957 (Ga. Laws 1957, p. 197), an Act approved March 14, 1957 (Ga. Laws 1957, p. 454), and an Act approved March 3, 1961 (Ga. Laws 1961, p. 68), so as 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; to constitute such tax collectors or tax commissioners as the agent of the State Revenue Commissioner for the purpose of accepting applications for the regis tration of motor vehicles; to provide that such duties and representatives shall be a part of the official duties of the tax collectors and tax commissioners; to provide the procedure for the issuance of license plates; to provide for install ment payment of certain license plate fees; to provide for the execution of a bond by the tax collectors or tax commissioners; to provide for the procedure connected with the foregoing; to provide for 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 pertaining to the registration and licensing of motor vehicles in the counties throughout the state, approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended by an Act approved March 4, 1957 (Ga. Laws 1957, p. 197), an Act approved March 14, 1957 (Ga. Laws 1957, p. 454), and an Act approved March 3, 1961 (Ga. Laws 1961, p. 68), 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 tax collectors of the various counties of this state, and the tax commissioners of those counties in which the duties of the tax col lector are performed by a tax commissioner, are hereby made agents of the State Revenue Commissioner for the purpose of accepting applications for the registration of motor vehicles. The duties and responsibilities of such agents of the State Revenue Commissioner shall be a part of the official duties and responsibilities of the tax collectors and tax commissioners of Georgia."
Section 2. Said Act is further amended by inserting in Section 2 between the first and second sentences the following:
"The State Revenue Commissioner shall not distribute license plates for motor vehicles to any tax collector or tax commissioner for any motor
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vehicle in excess of 24,000 pounds but shall maintain an inventory of such license plates at one central location in the state.",
so that when so amended Section 2 shall read as follows:
"Section 2. The State Revenue Commissioner shall furnish to each such agent such number of motor vehicle license plates as he may deem necessary for issuance by such agent, together with such blank forms and other supplies as are necessary to enable such agent to perform the duties required of him by this Act. The State Revenue Commissioner shall not distribute license plates for motor vehicles to any tax collector or tax com missioner for any motor vehicle in excess of 24,000 pounds but shall main tain an inventory of such license plates at one central location in the state. The State Revenue Commissioner shall prescribe such reasonable rules and regulations as in his discretion may be necessary to effectuate the purposes of this Act."
Section 3. Said Act is further amended by striking Subsection (a) of Sec tion 3 in its entirety and inserting in lieu thereof a new Subsection (a) to read as follows:
"(a) All applicants to register a motor vehicle shall apply to the tax collector or the tax commissioner of that county wherein such motor vehicle is required to be returned for ad valorem taxation, and upon compliance with the provisions of Act No. ___...,,........_., of the 1966 Georgia General As sembly, approved ,,__..,,._ .._._._.__., 1966, and the payment of the license fee required by law, such tax collector or tax commissioner shall accept the application for registration and, except as provided for hereinafter, if the license plate applied for is in such tax collector's or tax commissioner's in ventory, he shall issue the appropriate plate. In those instances wherein a motor vehicle which has not previously been registered with the State Reve nue Commissioner shall be purchased from a seller who is required to re turn said vehicle for ad valorem taxation in a county other than the county of the residency of the purchaser, the tax collector or tax commissioner wherein said motor vehicle is returned for taxation shall collect the re quired fee for the registration of said vehicle and transmit said fee and the application for registration along with an appropriate certificate, which shall indicate that all ad valorem tax due thereon have been paid, to the tax collector or tax commissioner of the county of the purchaser's residency, who shall issue the required license tag. The tax collector or tax commis sioner transferring said application shall not be entitled to the fee pre scribed for his services as agent of the State Revenue Commissioner for that purpose. If the license plate applied for is not in inventory, the applica tion shall be approved and forwarded to the State Revenue Commissioner, who, upon receipt of a proper and approved application, shall issue the license plate applied for by mailing or delivering the plate to the applicant. Until the license plate is received by the applicant from the State Revenue Com missioner, the applicant may operate said vehicle without a license plate therefor upon the receipt issued to him by the tax commissioner or tax col lector. When the fee prescribed for a license plate for a motor vehicle shall exceed $40.00, a tag agent shall be authorized to accept the application of the owner for the purchase of a license plate thereof if the application is ac companied by not less than 25% of the prescribed fee and a surety bond writ ten by a surety company authorized to do business in this state, payable to the Revenue Commissioner, in an- amount equal to the unpaid balance of the prescribed fee and conditioned upon the payment of said balance in
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three equal installments on or before the first day of June, September and December, respectively, of the calendar year in which the license plate is applied for."
Section 4. Said Act is further amended by inserting in Section 3-A be tween the words "fee" and "plus" as they appear in the first sentence thereof the following:
"and all ad valorem taxes due thereon",
so that when so amended Section 3-A shall read as follows:
"Section 3-A. An applicant may purchase a motor vehicle license plate by mail, by mailing a properly completed application form to the agent of the county of his residence along with a money order in the amount of the license fee and all ad valorem taxes due thereon plus an additional fee of 25 cents. Nothing herein shall be construed so as to change the requirements for the affidavit regarding payment of taxes, as provided in an Act ap proved March 9, 1955 (Ga. Laws 1955, p. 639), as now or hereafter amended." Section 5. Said Act is further amended by striking Section 4 in its entirety
and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. Each such agent shall give bond conditioned as the State Revenue Commissioner may require, and in such amount as the State Reve nue Commissioner may deem necessary and proper, not exceeding two hun dred and fifty thousand dollars ($250,000), to adequately protect the state. Such bond shall be executed by a surety corporation licensed to do business in the State of Georgia, as surety, and the premiums shall be paid by the Department of Revenue. The bond shall run to the Governor of Georgia and his successors in office and shall be approved as to conditions, form, and sufficiency by the State Revenue Commissioner."
Section 6. Said Act is further amended by striking in its entirety Section 6 and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. License plates shall be issued only upon application made to the local tag agent. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this Act or by the State Revenue Commissioner on an appropriate application for warded to him by the local tag agent, where the type license plate applied for is not maintained in local inventory or where the license plate applied for is one of those special license plates provided by law. The State Revenue Commissioner shall not be authorized to receive any applications for license plates except those received through the local tag agents as provided for herein."
Section 7. The provisions of this Act shall become effective on and shall apply to all years commencing on and after January 1, 1967.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
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GENERAL SUMMARY OF EXHIBIT C
This Act provides that no applications for tags can be made except to the county tax collector who is made the tag agent. The larger truck tags are inven toried at the Revenue Department rather than at the local level because of problems in classification of these vehicles. The applications for the larger truck tags are forwarded by the local tax collector to the Revenue Department and the tags are then mailed to the applicant from Atlanta.
The Act provides that where the taxes are required to be returned in one county because the seller held the car in that county on January 1, but the applicant is a resident of another county, the application is made where the tax is due, then the tag application is transferred by the tax collector to the county tag agent in the applicant's county. This is to insure a properly num bered county prefix on the tag.
SUMMARY BY SECTIONS
Section 1: The tax collector or tax commissioner is made the tag agent.
Section 2: Larger truck tags (24,000 pounds and over) shall be inven toried in Atlanta and not locally.
Section 3: Where application is required to be made in a county other than the county of applicant's residence, the tax commissioner transfers the tag application to the tag agent in the applicant's home county. Provides for installment payment of the fee for the more expensive tags.
Section 4: Applications may be made by mail.
Section 5: The tag agent's bond is increased to a maximum of $250,000, cost to be paid by the Department of Revenue.
Section 6: Where tag agent does not have in inventory the tag applied for, he accepts the application and sends it to the Department of Revenue where the inventory is kept and the Revenue Department mails the tag to the applicant direct. This would apply to heavy truck tags and special tags such as National Guard and radio operators.
Section 7: Effective date, January 1, 1967.
Section 8: General repealer clause.
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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 SENATE TOBACCO STUDY COMMITTEE ******
THE COMMITTEE
Honorable Roscoe E. Dean, Jr. Senator, 6th District Chairman
Honorable Frank Eldridge, Jr. Senator, 7th District
Honorable Robert A. Rowan Senator, 8th District
Honorable Ford B. Spmks Senator, 9th District
Honorable Martin Young Senator, 13th District
October 1, 1965
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 SENATE TOBACCO STUDY COMMITTEE
INTRODUCTION:
The Committee to study solutions to the current problems involving the tobacco industry in Georgia was created pursuant to Senate Resolution No. 86 which authorizes the President of the Senate to appoint interim legislative committees. The President of the Senate appointed the following members to the Committee: Senators Roscoe E. Dean of the 6th, Frank Eldridge of the 7th, Robert A. Rowan of the 8th, Ford B. Spinks of the 9th, and Martin Young of the 13th. Senator Dean was designated Chairman of the Committee. The Com mittee held its organizational meeting at Jekyll Island, Georgia, on July 26, 1965. The members of the Committee decided to visit with tobacco farmers in their respective senatorial districts and elsewhere in an effort to learn first hand the problems confronting the tobacco farmers in the State of Georgia. The final meeting of the Committee was held at the State Capitol in Atlanta on September 24, 1965.
CONCLUSIONS AND RECOMMENDATIONS:
The members of the Senate Tobacco Study Committee conducted an intensive field investigation in an effort to determine solutions to the problems confront ing the tobacco farmers in the State of Georgia.
(1) The Senate Tobacco Study Committee unanimously recommends that the ASC take steps to fully inform the tobacco farmers that they may obtain
INTERIM COMMITTEE REPORTS
2941
as many marketing cards as they desire on their tobacco allotment. This Com mittee urges the State Director to instruct each county ASC office to notify each farmer by letter of this service and use all medias of communication at their disposal to fully inform and acquaint farmers with the fact that they may obtain additional marketing cards.
(2) The Senate Tobacco Study Committee further finds that the dual allot ments (that is, acreage and poundage) poses a nuisance to the tobacco farmer. It is felt by the members of this Committee that if the farmers are to be sub jected to a poundage allotment, the measurement of tobacco acreage is no longer necessary. Therefore, we recommend that so long as the poundage method of allotment is used and farmers required to sell only a given number of pounds, that acres should not be allotted and that farmers should be allowed to produce their poundage on any acreage they may choose. This would allow farmers to utilize land resources more effectively to produce a higher quality crop.
(3) The Senate Tobacco Study Committee feels that the regulation regard ing the sale of poundage in excess of the allotted poundage plus 10% should be clarified. The members of the Committee do not feel that farmers should be re quired to pay a fourty-four cents (44^) per pound penalty on their over-plus tobacco (that is, tobacco sold in excess of the original allotment plus 10%) and also lose that poundage on their allotment for the following year. This is a dual penalty and it should be corrected and farmers notified of the exact inten
tion of the law.
(4) The Senate Tobacco Study Committee recommends that the State De partment of Agriculture, attach a permanent fixture to each and every scale used to weigh tobacco containing the name, address, and phone number of the area scale inspector so that he may be contacted with a minimum of delay by tobacco farmers if his services are needed to correct what appears to be an inaccurate set of scales.
(5) The Senate Tobacco Study Committee feels that the loss of tobacco acreage has resulted in a severe hardship on many individual farmers and many farming communities in the tobacco belt. It is further felt that the survival of some of the tobacco farmers depends on the introduction of substitute crops to help replace the acres of tobacco that have been lost. The Committee feels there are certain steps that should be taken by the state and Federal governments in this regard and we recommend specifically:
(a) That the blueberry project at the Coastal Plain Experiment Sta tion be expanded, additional personnel added and additional facilities ob tained, if needed, to further develop blueberries into a cash crop for Georgia. The Committee is aware that the adaptability of blueberries to tobacco growing soil is good, and it is felt that with proper assistance from the experiment stations and other agencies of the state and Federal govern ments, that blueberries can become an integral part of the farming structure in tobacco producing counties.
(b) We recommend that the state and Federal agencies use all the resources at their command to develop soybeans to their full potential as a cash crop in the tobacco producing areas.
(c) We recommend that the Marketing Service and other state and Fed eral agencies coordinate their efforts to determine the exact position of the market available to farmers growing winter turnips and urge that this crop
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be given full and complete attention in an effort to develop its possibility as a cash crop for areas adaptable to its production.
(d) We recommend that the Georgia Experience Station, through its state and Federal facilities, conduct an investigation and carry on research with regard to the feasibility of setting up some means by which the waste products of tobacco stalks can be utilized. The Committee is aware that the Commonwealth of Kentucky has conducted an experiment using tobacco stalks to make egg cartons. We wish to request the Georgia Experiment Station through its research facilities to contact Spindletop Research Lab oratories in Lexington, Kentucky, to determine what uses they have found for tobacco stalks. If it is felt by the personnel at the Experiment Station that any significant economical advantage can be gained for the Georgia farmer, then we urge them to set up and complete a research project aimed at the use of this by-product.
(6) We recommend that the Georgia Coastal Plain Experiment Station receive additional funds for the housing of the facilities of the Agricultural Engineering Department at Tifton. The Committee is aware of the tremendous contributions which have been made by the Agricultural Engineering Depart ment to the farmers of Georgia and we feel that the physical facilities at their disposal are both inadequate and unfair to them. This has been deducted by a visual inspection of facilities by members of this Committee.
(7) We, the Senate Tobacco Study Committee, recommend no increased taxes on tobacco or tobacco products. It is felt that the industry is overburdened with problems at the present and any further assaults by the state or Federal govern ments by taxation is deemed to be unfair, unwise, and impractical by this Com mittee.
The Senate Tobacco Study Committee respectfully requests the Office of the Legislative Counsel to mail a copy of this report to each of the following persons: Honorable Richard B. Russell, Senator, State of Georgia; Honorable Herman E. Talmadge, Senator, State of Georgia; Honorable G. Elliott Hagan, Representative, 1st Congressional District, State of Georgia, Honorable J. Russell Tuten, Representative, 8th Congressional District, State of Georgia; Honorable Maston O'Neal, Representative, 2nd Congressional District, State of Georgia; Honorable Phil Campbell, Commissioner of Agriculture, State of Georgia; Honorable Frank P. King, Director, Georgia Coastal Plain Experi ment Station; Honorable L. W. (Hoop) Eberhardt, Director, Agricultural Ex tension Service, University of Georgia; Honorable C. C. Murray, Dean and Co ordinator, College of Agriculture, University of Georgia; Honorable Otis Turner, Chairman, Tobacco Commodities Commission; Honorable Bill Lanisr, President, Georgia Farm Bureau; Honorable Tom Brightwell, Georgia Coastal Plain Ex periment Station; Honorable Frank Pidcock, President, Georgia-Florida Ware housemen's Association; Honorable William H. Booth, State Executive Director, ASCS, United States Department of Agriculture.
Respectfully submitted,
/s/ Roscoe E. Dean, Jr. Roscoe E. Dean, Jr., Chairman Senator, 6th District
/s/ Frank Eldridge, Jr. Frank Eldridge, Jr. Senator, 7th District
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2943
/s/ Robert A. Rowan Robert A. Rowan Senator, 8th District
/s/ Ford B. Spinks Ford B. Spinks Senator, 9th District
/s/ Martin Young Martin Young Senator, 13th District
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 HOUSE COMMITTEE TO INVESTIGATE TOBACCO WAREHOUSE CHARGES AND COSTS
THE COMMITTEE
Honorable Henry P. Russell, Jr. Representative, Thomas County Chairman
Honorable David L. Newton Representative, Colquitt County Secretary
Honorable Paul E. Nessmith, Sr. Representative, Bulloch County
Honorable George J. Williams Representative, Coffee County
Honorable Curtis C. Herndon Representative, Appling County
Honorable Robert C. Pafford Representative, Lanier County
December 3, 1965
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 HOUSE COMMITTEE TO INVESTIGATE TOBACCO WAREHOUSE CHARGES AND COSTS
INTRODUCTION:
The House Committee to Investigate Tobacco Warehouse Charges and Costs was created pursuant to the House Resolution No. 221, which authorizes the Speaker of the House of Representatives to appoint interim legislative commit tees. The Speaker appointed the following members to the Committee: Repre sentatives Henry P. Russell, Jr. of Thomas County, Curtis C. Herndon of Appling County, Paul E. Nessmith, Sr., of Bulloch County, George J. Williams of Coffee County, David L. Newton of Colquitt County and Robert C. Pafford of Lanier County. Representative Henry P. Russell, Jr., was designated Chairman of the
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Committee. The Committee held its organizational meeting at the State Capitol in Atlanta, Georgia, on July 15, 1965. Representative David L. Newton of Colquitt County was elected Secretary by the Committee. At this meeting it was decided by the members of the Committee that because of the necessity of a close working relationship between all segments of the tobacco industry, includ ing the grower, warehouseman, buyer and manufacturer, it would be impossible to study one phase of the tobacco process without becoming very much aware of some other important problems concerning the tobacco industry. Therefore, the Committee has made some recommendations other than those dealing strictly with tobacco warehouse charges. The final meeting was held at the State Capitol in Atlanta on December 2, 1965.
FINDINGS:
Each member of the Committee is a tobacco grower. The Committee recog nizes the fact that from the grower standpoint it is very important that they have an economically healthy and competent group of Georgia tobacco warehousemen. The Committee is also aware of the fact that the law controlling tobacco ware house charges was passed in 1935 and has not been changed since that date.
The Committee is also aware of the fact that the Georgia farmer generally has been caught in a cost price squeeze and that it is becoming increasingly difficult for him to exist and make enough profit to remain on the farm and rear his family. Therefore, the Committee endeavored to be fair to both the growth and warehouseman in making its study of the problem.
Meetings were held through the Georgia tobacco belt with both warehouse groups and tobacco growers. In the meetings with warehousemen, their books were examined and their statements taken as to their profits or losses over the past several years. It was generally agreed that because of the continuing yearly price increases for tobacco from the year 1935 to the year 1955 the commissions charged by the warehouses had also increased their income enough to keep the warehousemen in an economically healthy condition. The warehousemen con tended, however, that since 1955 tobacco prices had leveled off at around an average of 57</; to 58<i per pound and that they were no longer able to pay the increasing costs of their operation and stay in business.
Tobacco growers generally are sympathetic to warehousemen and desire for them to make a fair profit. However, they want their own situation examined along with the warehousemen before making any changes in the law raising to bacco warehouse charges.
CONCLUSIONS AND RECOMMENDATIONS:
(1) After careful study, the Committee recommends that no increase in warehouse charges be made at this time. Tobacco warehousemen in Georgia in 1965 received the 2%% commission on nine million dollars more in tobacco sales than they did in 1964. In 1964, one hundred and thirty-eight million pounds sold on the Georgia markets for eighty-one million dollars, bringing an average price of $59.13 per hundredweight. In 1965, one hundred and thirty-seven mil lion pounds sold for ninety million dollars, average $66.12 per hundredweight.
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(2) If the National Congress passes a new minimum wage law raising the minimum wage to $1.75 per hour, the Committee recommends that the Georgia Legislature review the present schedule of allowed tobacco warehouse charges.
(3) The Committee also considered the advisability of a complete change in the method used to set charges allowed by the Georgia tobacco warehousemen. At the present time, the charges are set by the Legislature. The change con sidered was to adopt a procedure whereby the Commissioner of Agriculture, with the help and advice of an advisory committee composed of farmers and ware housemen, could take periodical looks at all factors concerned with tobacco warehouse costs and make justifiable changes in the schedule of tobacco ware house charges. The Committee thinks there may be some merit in such a proposal for future study, but does not recommend such a change at this time.
(4) The Committee had an opportunity for an extended interview with Mr. Gerhardt Schonbach, Vice President of Reemtsma Tobacco Company of Ham burg, West Germany. Mr. Schonbach's company, through its various import com panies, buys a major part of the Georgia-Florida tobacco crop. Mr. Schonbach stated that his company buys Georgia tobacco only because of its high flavor and aroma content and that it is used by his company to blend with neutral tobaccos from other world producing countries that sell for a much cheaper price per pound. He further stated that he was disappointed with some of his Georgia purchases in 1965, mainly because Georgia growers were not sticking to the old line varieties; tobacco for which Georgia has become famous. Mr. Schonbach also stated that if Georgia growers in 1966 did not plant Hick's Broad Leaf, White Gold, or McNair 30 his company would pay much less for Georgia tobacco than they did in 1965. The Committee feels that it must recommend very strongly that Georgia tobacco farmers heed the warning in 1966 and plant only those recommended old line varieties and those accepted resistant varieties, if they have disease problems.
(5) The Committee feels that tobacco and tobacco products are overtaxed and carrying more than their share of the tax burden at the present time. In view of this, we strongly recommend that no further tax increase be placed on any tobacco products at any level in the State of Georgia and that Georgia do everything possible to prevent tax increases in other states and at the federal level.
(6) The Committee recommends that the State Department of Agriculture attach a permanent fixture to each and every scale used to weigh tobacco con taining the name, address, and phone number of the area scale inspector so that he may be contacted with a minimum of delay by tobacco farmers if his serv ices are needed to correct what appears to be an inaccurate set of scales.
(7) The Committee commends both the Georgia Commodity Commission for Tobacco and the Georgia Commodity Commission for Peanuts for their willing ness to give one-half of the funds necessary to construct and equip a new agri cultural engineering research building at the Georgia Coastal Plain Experiment Station at Tifton. We recommend that the Board of Regents make their part of the funds available for the construction of this facility so that proper research can be accomplished at the Tifton Station in the field of mechanization of Geor gia crops. The Committee also commends the Georgia Commodity Commission for Tobacco for making contributions to the Tobacco Research and Experimental Program at the Georgia Coastal Plain Experimental Station and also for their
2946
JOURNAL OF THE HOUSE,
contributions to Tobacco Associates, which is the organization promoting the export sales of flue cured tobacco.
(8) We recommend to the Secretary of Agriculture, Honorable Orville Free man, that he allot on additional 2% tobacco poundage allotment to Type 14 to bacco growers in 1966 and in each ensuing year until Type 14 tobacco begins to contribute as much as 5% of its annual production to the Loan Program. The Type 14 growers would be willing to grow this extra tobacco without any sup port price. The Georgia-Florida growers could then supply the needs of an export market for which there is not now enough suitable tobacco available.
The House Committee to Investigate Tobacco Warehouse Charges and Costs respectfully requests the Office of the Legislative Counsel to mail a copy of this report to each of the following persons: Honorable Richard B. Russell, Sena tor, State of Georgia; Honorable Herman E. Talmadge, Senator, State of Geor gia; Honorable G. Elliott Hagan, Representative, 1st Congressional District, State of Georgia; Honorable J. Russell Tuten, Representative, 8th Congressional District, State of Georgia; Honorable Maston O'Neal, Representative, 2nd Con gressional District State of Georgia; Honorable Orville Freeman, Secretary, United States Department of Agriculture; Honorable Phil Campbell, Commis sioner of Agriculture, State of Georgia; Honorable Frank P. King, Director, Georgia Coastal Plain Experiment Station; Honorable L. W. (Hoop) Eberhardt, Director, Agricultural Extension Service, University of Georgia; Honorable C. C. Murray, Dean and Coordinator, College of Agriculture, University of Georgia; Honorable Herman C. Odum, Chairman, Tobacco Commodities Commission; Hon orable Britt A. Dorsey, Tobacco Commodities Commission; Honorable Willie McKinnon, Tobacco Commodities Commission; Honorable T. Walstein Booth, To bacco Commodities Commission; Honorable C. C. Ramsey, Tobacco Commodities Commission; Honorable Bill Lanier, President, Georgia Farm Bureau; Honorable Tom Brightwell, Georgia Coastal Plain Experiment Station; Honorable Frank Pidcock, President, Georgia-Florida Warehousemen's Association; Honorable William H. Booth, State Executive Director, ASCS, United States Department of Agriculture; Dr. George L. Simpson, Chancellor, University System of Geor gia; Honorable James A. Dunlap, Chairman, Board of Regents, State of Georgia; Honorable Jack Adair, Board of Regents, State of Georgia; Honorable Roy V. Harris, Board of Regents, State of Georgia; Dr. John A. Bell, Jr., Board of Regents, State of Georgia; Honorable Carey Williams, Board of Regents, State of Georgia; Honorable Anton S. Solms, Jr., Board of Regents, State of Georgia; Honorable John I. Spooner, Board of Regents, State of Georgia; Honorable T. Hiram Stanley, Board of Regents, State of Georgia; Honorable H. G. Pattillo, Board of Regents, State of Georgia; Honorable Jesse Draper, Board of Regents, State of Georgia; Honorable James C. Owen, Jr., Board of Regents, State of Georgia; Honorable James V. Carmichael, Board of Regents, State of Georgia, Honorable John W. Langdale, Board of Regents, State of Georgia, Honorable Morris M. Bryan, Jr., Board of Regents, State of Georgia; Honorable G. L. Dickens, Jr., Board of Regents, State of Georgia; Honorable Dolan Brown, Director, 1st Congressional District, Georgia Farm Bureau; Honorable Lex Strickland, Director, 1st Congressional District, Georgia Farm Bureau; Honor able Emory Carlton, Director, 2nd Congressional District, Georgia Farm Bureau; Honorable Fred Collins, Director, 2nd Congressional District, Georgia Farm Bureau; Honorable Frank Strickland, Director, 8th Congressional District, Geor gia Farm Bureau; Honorable J. M. Carter, Director, 8th Congressional District, Georgia Farm Bureau; Honorable John Preston, Georgia Coastal Plain Experi ment Station; Honorable John Palmer, President, Tobacco Associates, Inc.; Honorable Horace Godfrey, Administrator, Agricultural Stabilization and Con-
INTERIM COMMITTEE REPORTS
2947
servation Service, United States Department of Agriculture; Honorable Gerhardt Schonbach, Vice President, Reemtsma Tobacco Company, Hamburg, West Germany; and Honorable James K. Dorsett.
Respectfully submitted,
/s/ Henry P. Russell, Jr. Henry P. Russell, Jr., Chairman Representative, Thomas County
lal David L. Newton David L. Newton, Secretary Representative, Colquitt County
I si Curtis C. Herndon Curtis C. Herndon Representative, Appling County
/s/ Paul E. Nessmith, Sr. Paul E. Nessmith, Sr. Representative, Bulloch County
/s/ George J. Williams George J. Williams Representative, Coffee County
/s/ Robert C. Pafford Robert C. Pafford Representative, Lanier County
December 20,1965
TO: HONORABLE CARL E. SANDERS Governor HONORABLE PETER ZACK GEER Lieutenant Governor HONORABLE GEORGE T. SMITH Speaker, House of Representatives MEMBERS OF THE GENERAL ASSEMBLY
We are pleased to submit the report of the Joint Traffic Safety Committee.
Respectfully submitted,
/s/ E. R. Lambert E. R. Lambert, Chairman Representative, Morgan County
REPORT OF JOINT TRAFFIC SAFETY COMMITTEE
This committee was created pursuant to House Resolution 206. The following members were appointed to the committee by the Speaker of the House of Repre sentatives: Honorable W. M. Williams, Representative of Hall County, Honorable W. Elliott Dunwoody, III, Representative of Bibb County, Honorable E. R. Lambert, Representative of Morgan County, and Honorable Bobby Ware John son, Representative of Warren County. The following members were appointed
2948
JOURNAL OF THE HOUSE,
to the committee by the Lieutenant Governor: Honorable Frank 0. Downing,
Senator, 1st District, Honorable Stanley E. Smith, Jr., Senator, 18th District, Honorable Michael J. Padgett, Senator, 23rd District, and Honorable Ben F. Johnson, Senator, 42nd District. The following members were appointed to the committee by the Governor: Honorable Earl Edwards, Managing Director of the Chattahoochee Valley Safety Council of West Point, Georgia, Honorable James E. Golden, Manager of Governmental Affairs of the Ford Motor Company of Atlanta, Georgia, Honorable Tenney Griffin, Managing Editor of The Valdosta Daily Times of Valdosta, Georgia, and Honorable Edmund W. Hughes, Managing Director of the Atlanta Traffic and Safety Council of Atlanta, Geor gia. Honorable George C. Mutimer, Sheriff of Richmond County, was appointed as Consultant to the committee. Honorable E. R. Lambert was elected chairman of the committee, Honorable Frank 0. Downing vice chairman and Honorable Earl Edwards secretary.
During 1964 there were 1,306 persons killed and 19,037 injured in traffic accidents on Georgia's roads and highways--the largest number of deaths in the state's history. It appears that this total will be exceeded during 1965.
Equally alarming as these tragic figures is the fact that the rate of traffic deaths to total miles driven was, as it has been consistently, among the worst third of the states.
It has become clear to this committee that the number of traffic deaths in the various states can be controlled to a substantial degree, and that the states which repeatedly have the lowest death rates are those taking the most positive action to curb these fatalities.
This committee began its study with a review of the board proposals made by the 1964 committee, looking toward determining which of the needs developed by that group were most pressing, and which, if activated, would have the most effect on reducing Georgia's traffic deaths.
The committee recommends action in the following areas:
DRIVER EDUCATION
Legislation should be enacted to make driver education courses available in every public high school in Georgia by the beginning of the 1967 school year.
Approximately seven per cent of Georgia's drivers are "teenagers", but these youngsters are having about fifteen per cent of the state's accidents. Indepth studies in other states show that where quality driver education is taught in the schools, the youngsters taking the course have approximately half the rate of accidents as those who do not take it.
Current figures show that fifteen per cent of Georgia's youths are receiv ing driver education courses, and that the course is available in thirty per cent of the schools in the state.
Testimony by officials in the Department of Education indicates that the department favors putting driver education in the schools, so long as sufficient
INTERIM COMMITTEE REPORTS
2949
funds are made available. The department estimates that it will take approxi mately $200,000 and two summer vacation sessions to sufficiently train enough teachers to provide driver training in all of the public high schools.
The committee urges that these funds be made available in the supplemental appropriation by the 1966 Session of the General Assembly, in order that no more delay be experienced before Georgia joins with the states taking full advantage of this means of saving the lives of our young drivers.
TRAFFIC COURTS
At the Committee's request, the Institute of Government of the University of Georgia is making a study of the State's traffic courts.
Although testimony before the committee last year and this year indicated a need for improvement in the handling of traffic cases, the committee found that insufficient data existed to determine just how this improvement could best be implemented.
The study underway will determine for the first time just what the existing situation is in regard to traffic courts in our state--where the cases are being tried, uniformity of procedure, methods of trial and reporting and data which could affect the effectiveness of the court. (The committee aided in securing outside public service financing for the study.)
It is felt that the knowledge gained from the study will assist in meaningful legislation and aid for the courts at a later time.
DRUNK DRIVING
The Committee recommends the enactment of "implied consent" legislation to help curb the large number of fatalities involving drunk driving.
Study showed that drinking and driving is involved in approximately fifty per cent of the fatal accidents, and that present drunk driving laws are not sufficient to curb this deadly practice. The most modern concept (already adopted in 16 states) is "implied consent", whereby the driver gives his consent to be tested for the degree of intoxication if asked by enforcement officers, or, if he chooses to refuse, forfeits his license to drive. States are finding this an effective way to protect the innocent driver, as well as to clear the highways of drunk drivers.
This law has been challenged in several states, and the state Supreme Courts have upheld it in all cases.
The committee would accompany this bill with the proposal that the level of assumed intoxication be reduced from .15 percent alcohol in the blood to .10. This means reducing the level of assumed unsafe driving from the current level of having had 6 or 7 drinks in the past hour.
Both of the proposals above have been recommended by the state Alcoholism Study Commission.
2950
JOURNAL OF THE HOUSE,
DRIVER REEXAMINATION
Georgia should adopt legislation requiring the reexamination of all drivers every five years.
When Georgia adopted its vehicle inspection law, it was accurately pointed out by many that even more important was determining the capability of the driver to handle the vehicle. Existing law permits licenses to be renewed pe riodically without ever seeing the person getting the license. As a result, there are many drivers with valid licenses who physically are unable to safely operate
a vehicle.
It should also be observed that many drivers who have had their licenses for a long time are not familiar with new laws and driving techniques which could offer them protection from accident involvement.
It is recommended that the reexamination, being used successfully in many states, be held on the anniversaries of the drivers' licenses, presently corre sponding with the drivers' birthdays. Although this could still permit free licenses for veterans, the veterans should also be required to be reexamined, in order that they receive the same safety benefit of the law as others. The reexamination should consist of basic eye and physical checks, knowledge of driving procedures (possibly incorporating helpful instruction for the driver) and a basic driving
ability test.
REFLECTORIZED LICENSE TAGS
Georgia should change to using a reflectorized license tag.
The committee found that many of our surrounding states have begun using reflectorized license tags, and that use of these tags has materially reduced the number of rear-end collisions with parked vehicles at night.
It appears that citizens of these states are receiving a valuable protection from these tags, and that within a short period the cost of production of the new type of tags can actually be reduced from the current cost, if the means employed in other states are followed here.
It should be pointed out that several commercial firms are now producing the material used on the tags, and that competitive bids can be taken on this material.
UNIFORM PATROL CARS
The State Patrol should begin using uniform patrol cars, readily identifiable by the driving public, with no more than one vehicle per post marked in a manner other than the standard.
The committee found two approaches to marking patrol vehicles, with ad vantages to the use of each.
INTERIM COMMITTEE REPORTS
2951
First, as many clearly visible vehicles as possible serve to remind the driv ing public that enforcement vehicles are on the road, and to make them aware of readily available highway aid. On the other hand, awareness that all enforce ment vehicles must be marked so clearly, can encourage irresponsible drivers to take advantage of this and drive recklessly between such vehicles. Thus, reserving the privilege of marking one vehicle in a less conspicuous manner can serve as a deterrent to these drivers. This "special" vehicle will be marked ade quately to readily identify it as a patrol vehicle if it is overtaking a vehicle or making a traffic arrest.
ELECTRONIC SPEED TIMING EQUIPMENT
The right to use electronic speed timing equipment (radar) should be re turned to city and county enforcement officials, with adequate safeguards to pre vent abuse.
Four years ago, the General Assembly removed from Georgia cities and counties the right to use electronic speed timing equipment in traffic law enforce ment. This was done as an effort to reduce "speed traps".
The committee is of the opinion that the abuse of the equipment, not the use of equipment, was at fault, and that the restriction has placed a handicap on fair and effective law enforcement. No other state in the nation places such a burden on its enforcement officials.
Testimony before the committee leads us to believe that the quality of enforcement has actually been decreased since this restriction was enacted, and that many serious accidents and fatalities have resulted as a consequence.
It is the feeling of a majority of the committee that the use of this equip ment could be returned, under special permit by the Department of Public Safety, which could be revoked where the use of the equipment was abused.
This seems to be a reasonable means of providing a higher quality of traffic enforcement and protection for the public, while placing a safeguard against any future use of radar for "speed" trap use.
REPORTING TRAFFIC CONVICTIONS
The present law should be clarified to provide that "convictions" of traffic offenses, rather than "reporting of convictions", would be the grounds for license suspension and revocation.
The Department of Public Safety reports a technical problem which is pre venting it from taking disciplinary action as prescribed by law for various combinations of repeated traffic violations. It appears that the determining factor is whether the convictions are reported as outlined, rather than whether the conviction occurred. In many cases the convictions are not being duly reported.
It is proposed that the conviction itself be made the criterion, permitting the department to follow through on cases where it is not now able to do so.
2952
JOURNAL OF THE HOUSE,
TRAFFIC SAFETY CONTINUITY
A Traffic Safety Study Committee similar to that of 1964 and 1965 should be reestablished by the General Assembly for 1966.
It is clear that many well intentioned efforts of the past in traffic safety have never matured because there was no continuity and perseverance of action. The committee this year was able to be more effective in its work because of the work of the committee last year.
Many of the areas of activity now depend on taking a next step beyond these, and on properly utilizing data which is being gathered now. The com mittee feels that the interests of the state and of reduction of traffic deaths will be the best served if established next year, and empowered to continue work ing in this vital field.
The committee would like to express its sincere appreciation to the many people who appeared before it, and who assisted in many facets of its activity. Among these are:
The Insurance Institute for Highway Safety
The State Department of Education, most particularly J. B. Angelo Crowe, coordinator of driver education Colonel Lowell Conner, Director,
Georgia Department of Public Safety
Al Reddick, Georgians for Driver Education The Institute of Government
American Association of Motor Vehicle Administrators
The Georgia School Principals Association
The Georgia School Superintendents Association
The Georgia Sheriffs Association
The Peace Officers Association of Georgia
INDEX
2953
INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION 1966
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)
2954
INDEX
HOUSE JOURNAL Part I
ALPHABETICAL TABULATION
HOUSE AND SENATE BILLS AND RESOLUTIONS
ACRES, DEN M. JR. HR 93-165 --Compensate ._._______~_.-__-__.~___..257, 304, 1262, 1460, 1980
ACWORTH, CITY OF
HR 381
--Mayor and Board of Aldermen; election ......._......_....._..._._-..._..__....546. 582, 667, 701, 1669
ADAIRSVILLE, CITY OF
HR 98-165 --Development Authority; create; amendment to the Constitution__..._257, 304, 483, 597, 1973
HB 152 --Extend, redefine corporate limits^.- 254, 301, 353, 373, 1148 HB 153 --Mayor and Council, salary^.._,._.__..^...._254, 301, 353, 373, 1149
ADMINISTRATIVE PROCEDURE ACT, GEORGIA
HB 642 SB 90
--Amend _._.._._._.__----.---__--.1130, 1254, 1264, 1787, 2619 --Optometry; appeals to certain
actions .__._.__._.._.___...._..__..__._938, 1205, 1258, 1263, 2157
ADMINISTRATORS HB 35 --Distribution of assets ...____...,,.__.____.__________72, 95, 177, 238
ADOPTION HB 164
--Change the waiting period before final adoption-._.._._._.256, 303, 356, 530, 644, 2614
SB 43
INDEX
2955
--Time limit for granting----------------------481, 492, 555, 1990
ADVERTISING
SB 48 HB 42
HB 591 SR 25 HB 646
--Alcoholic beverages; prohibit---------937, 1205, 1257, 2214 --Corporations, application for charter;
change time when advertisements shall appear after filing ------------73, 96, 137, 173, 2613 --Outdoor; erection control and maintenance; effective date------_.___..------1122, 1247 --Outdoor; removal; amendment to Constitution .-_..--.--.____.1365, 1537, 1666, 1991, 2360 --Political or legal; unlawful to publish unless signature affixed____----..1130, 1255, 1264
"AFFIRMATION: VIET NAM" HR 70 JR 1 --Endorse ...._.----_....._..------__..._.______..._.--_..__.__138
AGRICULTURAL COMMODITIES AUTHORITY HB 479 --Repeal Act....._.--....._....._..___-.--821, 931, 939, 1224, 2617
AGRICULTURE
SB 213 --Container grown products; define .--...----_----.___.._1986, 1994, 2075, 2214, 2503
HB 674 --Container grown products; define .-.---.--..1239, 1355, 1530 HB 327 --Custodial Account for Livestock
Sellers ......._ -- --------........469, 482, 551, 802, 2616 HB 193 --Department of; inspection fee for Concentrated
commercial feeding stuffs ....295, 321, 482, 780, 939, 1602, 2083
SB 93 --Department of; inspection of colonies of honeybees.------_--1535, 1538, 1666, 1684, 2185
HB 488 --Department of; Registration, License and Permit Act; legal process.-.823, 933, 1139, 1785, 2617
HB 255 --Department of; State Institutional Farms Division, create ----.----___349, 431, 482, 720, 2092
HR 138-291 --Farming and agricultural implements; exempt ad valorem tax; amendment to the Constitution..--422, 477
HB 326 --Georgia Fertilizer Act of I960; renewals of registration --------------469, 482, 551, 804
HB 330 --Imported meat must be labeled as such----..--470, 482, 551
AIR POLLUTION
SR 80 HB 295
--Create study committee ------.1851, 1896, 1968, 1997, 2560 --Sales tax; exclude on personal property________423, 478
2956
INDEX
HR 39-55 --Taxation; exempt on all facilities to reduce; amendment to the Constitution----.79, 101, 486, 677, 695, 2624
AIR NATIONAL GUARD, GEORGIA HR 83 --Commend ._----------.------__..___--------..----------166, 253
ALBANY, CITY OF
HB 620 HB 470
--Albany-Dougherty Hospital Authority; filling of vacancies--------.1127, 1252, 1266, 1380, 2089
--Elections; designate place for holding ----.----.___----------------820, 930, 941, 1151, 1676
ALAPAHA JUDICIAL CIRCUIT HB 163 --Solicitor General's salary _----.--......256, 303, 353, 374, 1667
ALCOHOLIC BEVERAGES
SB 48 --Advertisement; prohibit ......._----------937, 1205, 1257, 2214 HR 111-196 --Alcohol Education Study Committee;
create ....--------.------.._-------------296, 321, 1690, 1947 HB 561 --Driving motor vehicle while under
influence; chemical analysis ------1055 ,1133, 1267, 1626 HB 758 --Malt; amount in a public place.----------.--1519, 1663, 1867 HB 24 --Motor vehicles; penalty for operating
under influence ----------------..._--------.70, 93, 436 HB 7 --Municipalities; prohibit transporting
unless certain tax paid----.--------_--------50, 81, 1268 HB 25 --Operating motor vehicle while under in
fluence; cost of blood-alcohol test--70, 94, 355, 438, 2260 HB 114 --Operators of motor vehicles;
change certain provisions..----.160, 177, 184, 519, 570, 585 HB 747 --Prohibit sale to person under
21 years of age-------.------.------.----------1518, 1662, 1690 HB 429 --Revenue Tax Act; control; issuance
of licenses; amend Act------..------------_..725, 829, 1143 SB 19 --Revenue Tax Act; municipalities; sales
of alcoholic beverages --938, 1205, 1257, 1268, 2165, 2175, 2269, 2360, 2485, 2517, 2542
HB 554 --Revenue Tax Act; license resident of municipality ........_--..------__----------929, 1069, 1143
HB 712 --Revenue Tax Act; sale, certain counties and municipalities ..-1347, 1524, 1533, 1701, 2265, 2290
INDEX
2957
ALCOHOLISM STUDY COMMISSION --Interim Committee Report ------------___......------------2629
ALIMONY
HB 263 HB 121 HB 133
HB 264
--Attorney's fees.--..--.--_----------.----_..----..361, 433, 485 --Payments shall cease on wife's remarriage----------.162, 185 --Payments shall cease on
wife's remarriage ----------------180, 262, 356, 808, 2262 --Temporary; judge shall set
application for hearing.--...----._---------- 351, 433, 485, 1818
ALPHARETTA, CITY OF HB 99 --Number of Council members------118, 131, 189, 198, 1146
AMBULANCES
HB 383
--Attendant required who has completed course in first aid------___._--.546, 582, 748
AMENDMENTS TO THE CONSTITUTION
HR 98-165 --Adairsville Development Authority; create ------ _------._----------257, 304, 483, 597, 1973
HR 282-607 --Administration of Federal funds by State departments, agencies and boards ---------------1125, 1250, 1263, 1478, 2272, 2328
SR 9 --Ad valorem tax; certain exemptions__.._..._482, 492, 555 HR 39-55 --Air and Water Pollution
facilities; exempt ..--------------79, 101, 486, 677, 695, 2624 HR 290-679 --Appling County Industrial Development
Authority; create ..__----._.. 1240, 1356, 1533, 1564, 1978 HR 34-48 --Area school districts; establish--------.77, 99, 242, 273, 1142,
1615, 1972 SR 38 --Area school systems and area
schools; estabilsh..!863, 1987, 1995, 2072, 2424, 2472, 2538 HR 272-578 --Barrow County-City of Winder;
merge school systems..--------1060, 1137, 1139, 1441, 2480 HB 218-461 --Bibb County; group life
insurance; levy tax ----------------734, 836, 940, 979, 1976 HR 217-461 --Bibb County; recreation systems;
levy tax ----------------------._.._.--734, 836, 940, 975, 1976 HR 216-461 --Bibb County; retirement system;
levy tax __.__.__..__----.--------.733, 836, 939, 970, 1976 HR 319-719 --Bleckley-Cochran Industrial
Development Authority; create.---1350, 1526, 1533, 1726, 2420, 2467
2958
INDEX
HR 213-444 --Bond elections; freeholders only may vote-._----.730, 833 HR 97-165 --Brooks County Development
Authority; create --.._..-. .--------257, 304, 483, 594, 1973 HR 201-431 --Brunswick and Glynn County
Development authority; additional definitions ----.--......726, 830, 1139, 1159, 1975 HR 243-517 --Brunswick, City of; ad valorem tax on certain property in Downtown Brunswick ._-._--..-920, 1062, 1265, 1393, 1977,
1984, 2420, 2520 HR 89-165 --Camden County Development
Authority; create ------.--_--.--256, 303, 354, 388, 1973 HR 88-165 --Camden County; stabilized
property tax program--_--.._.._--__--_.--..256, 303, 354, 385 HR 161-356 --Catoosa County Board of Tax
Administrators; remove authority_...540, 577, 1264, 1389, 2621
HR 321-724 --Catoosa County Development Authority; create .----.------.1515, 1660, 1686, 1879, 2259
HR 90-165 --Charlton County; stabilized property tax program ____-.__.------_._.----_-._--. 256, 303, 354, 394
HR 224-474 --Chatham County; increase homestead exemption---,..820, 930
HR 225-480 --Chatham County; tax equalization............ 821, 931, 940, 1162
HR 250-529 --Chattahoochee County; business license fees and taxes _----.-._--.923, 1065, 1139, 1184, 1978
HR 140-291 --Chattooga County Board of Education; elections .-._-_.____------._.. __..__....._-_..-_ 422, 478, 483, 621
HR 114-196 --Chattooga County Development Authority; create ._____.._--..._----.--297, 322, 435, 609, 1973
SR 39
--Cherokee County Board of Education; filling of vacancies ...----_--.1970, 1987, 2072, 2076, 2230
HR 291-679 --Cherokee County Development Authority; create _______.........1241, 1356, 1357, 1571, 2623
HR 255-539 --Clarke County Board of Education; increase membership __.._----._._. 925, 1067, 1139, 1188, 1978
HR 232-494 --Clarke County-City of Athens; create Charter Commission to study consolidation .------------825, 934, 1075, 1166, 1977
HR 21-44 --Classification of certain personal property held as inventory __.----------_____...--..74, 97, 177
HR 284-624 --Clayton County; property tax levy to assist in promoting industry..---1127, 1252, 1265, 1453, 2622
SR 47 --Cobb County Board of Education; members' salary ....__.1970, 1988, 2072, 2215, 2249, 2517
HR 73-122 --Cobb County; county manager form of government.-----------_162, 186, 265, 265, 1972
HR 264-571 --Cobb County; electors' qualifications.-_.1057, 1135, 1139, 1432
INDEX
2959
HE 117-206 --Cobb County; establish Zoning and Planning Commission .--------------299, 323, 354, 405, 1973
HR 327-762 --Cobb County; general obligation bonds to improve sidewalks ..--.------1520, 1664, 1686, 1888, 2260
HR 188-405 --Columbia County; construction rights --------------------------------658, 739, 749, 842, 1974
HR 164-364 --Columbus and Muscogee County Building Commission; create ...--------.542, 579, 667, 767, 1972, 2035
HR 147-301 --Condemnation proceedings; change in venue------__425, 479 HR 266-571 --Cordele, City of; revenue bonds for
street improvements ----------1058, 1135, 1139, 1435, 2622 HR 298-698 --County government powers.---------.1245, 1360, 1367, 1772,
2267, 2321 HR 317-719 --County governments; powers ----------------------_ 1349, 1526 HR 46-72 --Covington, City of; gas or electric
generating systems; revenue anticipation obligations --_----._----_------------.92, 121 HR 274-596 --Coweta County Development Authority; create ------1123, 1248, 1264, 1425, 2420, 2527,
2539, 2547, 2626 HR 271-571 --Crawford County; Clerk of Superior
Court and Ordinary; consolidate offices ...----------1058, 1136, 1139, 1438, 1978 HR 182-385 --Crime prevention; indemnification of private citizen for personal injury .......----------......574, 664 HR 204-435 --Dade County; exempt ad valorem tax on certain property ----------------------__727, 831, 939 HR 324-733 --Daughters of the American Revolution; United Daughters of the Confederacy; donation of real estate ____________..._._______.1517, 1662 HR 200-423--DeKalb County Board of Commissioners to provide systems of garbage disposal ------------663, 743, 748, 862, 1972, 2065 HR 159-347 --DeKalb County; levy fee upon certain types of construction _____________,,_538, 575 HR 293-679 --DeKalb County; reimburse municipalities for maintaining police forces ._____...1241, 1357, 1367, 1576 HR 209-438 --DeKalb County; shelter for animals
abandoned or lost------------------------.728, 832, 939, 964 SR 27 --Department of Industry and Trade;
tourist promotion ___________.1680, 1695, 1849, 1997, 2368
HR 85-135 --Douglas-Douglas County Industrial Development Authority; create_180, 262, 354, 381, 1973
HR 269-571 --Education tax; maximum levied by counties------1058, 1136
HR 35-48 --Education tax; remove or increase under certain conditions--_.__--______.._________.--11, 99
HR 288-658 --Elbert, County of; establish and main tain recreation program .------1237, 1353, 1367, 1554, 2622
HR 42-55 --Elbert County Development Authority; create ------------.88. 118, 189, 199, 1971, 2066
2960
INDEX
HR 32-48 --Elections; residence requirements ----------77, 99, 436, 530 SR 15 --Farm and forest lands; uniform
tax assessment.... ..... 417, 437, 480, 486, 914, 1269, 2027 HR 138-291 --Farming and agricultural
implements; exempt ad valorem tax .--_.._.----.--..422, 477 HR 246-528 --Floyd County; establish sewerage
and fire protection districts ..-..922, 1064, 1139, 1178, 1977 HR 247-529 --Floyd County; street improvements
in unincorporated areas; assessment ------.------.----.923, 1064, 1139, 1181, 1977 HR 91-165 --Folkston, City of; stabilized property tax program ......--.__--._----...--..257, 304, 354, 396 HR 59-97 --Fulton County; Board of Commissioners; sanitary landfills within un incorporated areas ..--....--.__.-__--....117, 131, 187, 215, 652 HR 58-97 --Fulton County; business in un incorporated areas; regulated by Board of Commissioners ........_._117, 130, 189, 212, 652 HR 286-650 --Fulton County; property repairs; expenditures established as liens..----------1131, 1256, 1996
HR 60-99 --Fulton County; recreational activities; Board of Commissioners authorized to conduct ..._...._....._.........118, 131, 189, 218, 653
HR 294-679 --General Assembly; a bill raising revenue or appropriating money shall be passed in the calendar year in which it is introduced ..____.___,_.__.1241, 1357
HB 318-719 --General Assembly; apportionment _------.--------...1349, 1526
SR 81
--General Assembly; four year terms for members _.__..--._--..._.._____.____.___._.1970, 1989, 2073
HR 139-291 --Glynn County-City of Brunswick; create Charter Commission to study consolidation .--_.-.__-.__-__........--422, 478, 483, 615, 1974
HR 154-321 --Gordon County Development Authority; create ___________...--..----.468, 550, 667, 760, 1974
SR 14 --Governor-elect; succession ._,.--..--.......--.......1986, 1993, 2075
HR 165-371 --Governor; election returns--..--____..._.--___.____.__.__--.--..543, 580
HR 24-44 --Gracewood State School and Hospital; medical loans and scholarships, repayment ___._--.__-___-_--.__-_--.---74, 97, 482, 710, 2623
HR 242-504 --Gwinnett County; establish fire protection and sewerage districts...---........827, 936, 940, 1174, 1977
HR 320-721 --Gwinnett County; county manager form of government .....--........1350, 1526, 1533, 1732, 2623
HR 345-770 --Gwinnett County; Superior Court Clerk; power to issue criminal warrants .-..--1656, 1843, 1865, 2009, 2420, 2446
HR 80-132 --Habersham County Board of of Education; building funds.---.179, 261, 308, 379, 2621
INDEX
2961
HE 205-435 --Hall County Board of Education; appointment of School Superintendent --------727, 831, 939, 961, 1975, 1984, 2064
HR 195-421 --Hancock County Development Authority; create ------------------_ 661, 743, 748, 855, 1975
HR 265-571 --Heard County Development Authority; create -------- 1058, 1135, 1264, 1407, 2622
HR 221-467 --Henry County Board of Educa tion; appointment of School Superintendent --------------..--------735, 837, 940, 986, 1976
HR 223-467 --Henry County Board of Education; members' terms --------------------__736, 837, 940, 989, 1977
HR 222-467 --Henry County Development Authority; create ...______._______.__.735, 83Y, 940, 1013, 1976
HR 299-698 --Home rule for counties; cumulative powers ----------------------------1245, 1360, 1367, 1774, 2623
HR 268-571 --Homestead exemption; change amount __----------1058, 1136 HR 328-762 --House of Representatives; Speaker shall
be elected by secret ballot -------------------------- 1520, 1664 SR 79 --Jasper, City of; Industrial Develop
ment Authority; create -------1971, 1988, 2073, 2077, 2243 HR 215-454 --Laurens County-City of Dublin; merge school
systems .-......_.__..____------_------732, 835, 939, 967, 1975 SR 67 --Lumpkin County Board of Education; appointment
of Superintendent _.-.......-..-_______1970, 1988, 2072, 2077, 2241 HR 220-467 --Marietta, City of; additional indebtedness
for school purposes ._..----.___-._._..... 735, 837, 940, 983, 1976 HR 263-571 --Monroe County Development Authority;
create ..............______.._.___._...____.__1057, 1135, 1264, 1401, 2621 HR 186-299 --Montgomery County Development Authority;
create ____._._.._.._._..._.._.....___________657, 738, 940, 999, 1974 HR 76-124 --Morgan County Board of Education; add two
members ------,,--_._----------------.163, 186, 265, 268, 1973 HR 289-658 --Murray County Industrial Development
Authority; create ----------------1237, 1353, 1533, 1557, 2622 HR 191-407 --Muscogee County-City of Columbus; combine
Board of Commissioners ..___..._.____659, 740, 748, 849, 1975 HR 163-364 --Muscogee County-City of Columbus; consolidate
Tax Assessors ___.._.._._______________.542, 578, 667, 763, 1974 HR 190-407 --Muscogee County; combine administrative functions,
county and municipal governments ------659, 740, 748, 845, 1975
HR 325-754 --Nursing scholarships; under-graduate training in mental health field ...._....__.._..___________1352, 1529, 1996
HR 52-88 --Oglethorpe County Board of Education; election of members ___._--_.-.__......_............115, 128, 189, 209, 1972
SR 25 --Outdoor advertising and junk yards; removal _____________------------1365, 1537, 1666, 1991, 2360
HR 44-71 --Parole procedure of certain prisoners sentenced to life imprisonment or death _------------------91, 120, 156
2962
INDEX
HR 295-682 --Pike County Board of Education; appointment of School Superintendent _______._1242, 1357, 1367, 1579, 2420
HR 40-55 --Planning and Zoning Ordinances; enact __.___._____,,.______._____79, 101, 356, 511, 570, 672
SR 66 --Polk County School District; create __-____.___.____.______.1971, 1988, 2072, 2077, 2233
HR 20-44 --Public corporations created with power to issue revenue obligations to promote industrial facilities _,,__.__,, _______ ____,,._......74, 97, 265, 362, 2619
SR 11 --Public transportation; taxation ___________________ 417, 437, 480, 485, 2198, 2518
HR 316-719 --Pulaski County-Hawkinsville Development Authority; create ____,,,,. ___.._,,._ 1349, 1526, 1533, 1720, 2623
HR 137-255 --Rapid transit; State grant funds _____._______________350, 432 HR 241-504 --Rockdale County; debt
limitation __________.__............ 827, 936, 1075, 1172, 1977 HR 270-571 --Sales tax for educational purposes _.._____.________1058. 1136 HR 33-48 --School districts; additional debts and
temporary loans .________________...._..._...77, 99, 242, 272 HR 69-113 --Slum clearance; allow in counties and municipalities
under certain conditions; establish expenditures as liens __-____________.___._______________________160. 184 HR 28-44 --Solicitors-General; election ....................75, 97, 355, 446, 2620 HR 122-236 --State Board of Education; add five members __________..........__________,,.._...345, 428, 666 SR 29 --State Board of Education, election of members; appointment of State Superintendent of Schools .......................... ________ 1684, 1695, 1850, 2076 SR 8 --State Constitution; method of amending .._-1365, 1537, 1665 HR 292-679 --State-owned islands; exempt ad valorem tax ..........1241, 1356 HR 273-596 --Statesboro and Bulloch County Development Authority; create ....__.1123, 1247, 1264, 1413, 1971, 2103 SR 74 --State Scholarship Commission; appropriation of funds from Federal Government ____1971, 1988, 2073, 2076, 2375 HR 29-44 --Superior Court Judges; election ._____75, 98, 355, 449, 2620 HR 77-124 --Superior Court Judges; Solicitors-General; election ______________________________________....163, 186, 356, 486 HR 141-291 --Supreme Court Justices, Judges, Court of appeals; qualifications ......._--__________..423, 478, 840 HR 43-71 --Tattnall County Board of Education; election of members ______________________91, 120, 189, 206, 1972 HR 346-770 --Taxation for school lunch purposes ...._______________1656, 1843, 1864, 2038, 2061 HR 300-699 --Teachers; grants-in-aid and scholarships ._._.......1345, 1522
HR 152-313 --Toombs County Development Authority; create ______.__________467, 548, 667, 753, 1974
HR 206-435 --Treutlen County Development Authority; create .....______________.727, 831, 940, 1007, 1975
HR 281-602 --Vidalia Development Authority; extend activities into Montgomery County __.....1124, 1249, 1265, 1447, 2622
INDEX
2963
HR 166-371 --Voting; residence requirements ________________ 544, 580, 748, 1220, 1277, 1646, 1696, 2057, 2621
HR 326-762 --Ware County Board of Education; appointment of School Superintendent _________ 1520, 1664, 1686, 1885, 2260
HR 194-418 --Wayne County; tax levy for industrial development _______.__.._____._______________.______________742, 749, 852, 1975
HR 185-399 --Wheeler County Development Authority; create __.__-____-________~~_~~---____________ 657, 738, 940, 992, 1974
HR 283-624 --Whitfield County; license and regulate hauling, dumping and burning materials ______ 1127, 1252, 1265, 1450, 2622
HR 322-725 --Wife's property not liable for debts of husband ____________..__________________________________.________.____1515, 1660, 1685
HR 113-196 --Woodbine Development Authority; create _______-__-__..____._____-___________._..__,,_. 296, 321, 435, 603, 1973
HR 115-201 --Worth County Development Authority; create ..__.____-_--_-__--_-_____________. 298, 322, 354, 399, 1973
AMERICAN LEGION AND AUXILLIARY HR 383 --Express appreciation ..__--__-__,,__._______________.__________________._ 2575
AMERICUS, CITY OF
HB 662 --Business tax _.____._______._____________________1237, 1354, 1368, 1586, 1861 HB 660 --City Court; Judge and Solicitor;
salary _________________________________________ 1237, 1354, 1368, 1585, 1861 HR 112-196 --Conveyance of a certain tract of State-owned
property _________________________________ 296, 321, 842, 1037, 2623 HB 661 --Employees' retirement; maximum monthly
benefits ________._...___________1237, 1354, 1368, 1586, 1861
ANIMALS HB 37 HB 366
--Killing of dogs pursuing deer; freedom of liability outside prescribed localities -_--____73, 95, 1530
--Wild; acts of cruelty; unlawful ___________________ 542, 579, 1531
ANNEXATION
HB 420 HB 419 HB 426
--Municipal boundaries; method of _______.________________662, 742, 1263 --Municipal boundaries; method of ________________________662, 742, 1263 --Municipal boundaries; method of __________________________725, 829
APARTMENT OWNERSHIP ACT
HB 728
--Provide for definitions; removal of recording of value ----------________________________________-___.__1516, 1661
2964
INDEX
APPEARANCE BOND
HB 36
--Jury's presence not required if forfeited _____________...._.._,,._.__.......72, 95, 668, 1622, 2612
APPELLATE COURTS HB 156 --Criminal cases; right of appeal ._______.__.___254, 302, 841
APPELLATE PROCEDURE ACT OF 1965
HB 244
--Filing motions for new trial; redefine rules ..___.____--347, 429, 1139, 1789, 2272, 2492, 2538
APPLING COUNTY
HB 678 --Board of Commissioners; election _______________________1240, 1356, 1368, 1590, 1866
HR 290-679 --Industrial Development Authority; create; amendment to the Constitution ______1240, 1356, 1533, 1564, 1978
APPORTIONMENT
HR 318-719 --House of Representatives and Senate; amendment to the Constitution _.._._,___________________..__1349, 1526
APPROPRIATIONS
HB 1
HB 2
HB 693 HB 664 HB 691
HB 386 HB 198
--General Appropriations Act; supplement _._____49, 80, 110, 139, 152, 156, 157, 910, 910, 912, 1045, 1046, 1047
--General Appropriations Act; supplement _______.49, 80, 110, 140, 145, 152, 154, 156, 157, 910, 912, 1046, 1047, 1050
--General Appropriations Act; supplement; Department of Public Health ____._________1243, 1359
--General Appropriations Act; supplement; Game and Fish Commission __.1132, 1260, 1261, 1609, 2266, 2275
--General Appropriations Act; supplement; Governor's Emergency Fund; State Board of Corrections ________.____1133, 1261, 1261, 1606, 2261
--General Appropriations Act; supplement; State Department of Education _______._.__.575, 664, 1262
--General Appropriations Act; supplement; State Highway Department Laboratory Building ________.......____._.297, 322, 483, 715, 2614
INDEX
2965
SB 83 --Statements of fiscal explanation to accompany
.
legislation expending State funds __.___1270, 1313, 1362,
'
1863
ARCHER HIGH SCHOOL COMMITTEE FOR PEACE CHORUS HR 198 --Commend _.__-_._____--______________________.624
ARLINGTON, CITY OP
HB 636
--Elections; hours polls shall be open ____________._____1061, 1138, 1266, 1277, 1673
ARMED FORCES
HR 128-247 --Persons serving in Viet Nam; suspend income tax ___________________________ 348, 430, 483, 690, 2624
HR 15 --Members travelling by air to ports of debarkation; given priority ._________________________54, 101
ART COMMISSION, GEORGIA
HB 671
--Expand scope to include performing arts _________________________-1239, 1355, 1689, 1912, 2619
ARTIFICAL ARMS AND LEGS HB 418 --Sales tax; exempt if prescribed by physician _----.661, 742
ASHBURN, CITY OF
HB 604 HB 607
--Elections; number position on Council __.__________._.__1124, 1249, 1265, 1375, 1857
--Extend corporate limits _._____1125, 1250, 1265, 1376, 1857
ATHENS, CITY OF
HB 784 --Adopt building and housing codes _----1658, 1845, 1865, 2003, 2259
HR 232-494 --Charter Commission; create to study consolidation with Clarke County; amendment to the Constitution ______..________________825, 934, 1075, 1166, 1977
HB 492 --Deputy Registrars; appoint _________824, 933, 941, 1155, 1855
2966
INDEX
ATKINSON COUNTY
HB 227 SB 180
HB 228
--County Court, abolish _,,._._._._._..343, 426, 434, 488, 1853 --County Court; judge's
qualifications ____.____________1144. 1208, 1260, 1367, 1388 --Sheriff's salary _________________________-.344, 426, 434, 488, 1150
ATHLETIC CONTESTS
HB 498
--University System of Georgia; admission tickets, where sold ___________.___________.__._826, 935, 1267
ATHLETIC AND LITERARY ACTIVITIES STUDY COMMITTEE HR 199 --Create ___________________________________________.____626, 1689
ATHLETIC & PUBLIC EVENTS --Sale of tickets regulated _____..________465, 547, 748, 1232, 2616
ATLANTA BUCKHEAD RED DEVILS TEAM HR 355 --Commend ..._________..._________.____________________1750
ATLANTA BRAVES AND FALCONS HR 129 --Welcome -_..______-________..________.____.________________,336
ATLANTA, CITY OP
HB 769 HB 752 HB 213 HB 177 HB 211 HB 214 SB 187 SB 35 HB 86
--Atlanta-Pulton County Recreation Authority Act; amend _.____._________.1656, 1843, 1866, 2012, 2096, 2619
--Atlanta Stadium; employment of minors _______________ 1518, 1663, 1667, 1689, 2043, 2273, 2449
--Beneficiaries; pension, fractional part of years service ___________________________ 300, 324, 557, 565, 2253
--Criminal Court Investigators appointed by Solicitor-General ____.._____________259, 306, 483, 558, 1149
--Disability pension, fractional part of years service ___..__-________--_____299, 324, 557, 565, 2253
--Disability pension, fractional part of years service _______________,,___________ 300, 325, 557, 556, 2254
--Exclude certain territory __________1271, 1315, 1363, 1533, 1585 --Extend city limits ______.____1209, 1311, 1360, 2215, 2417, 2517,
2518, 2539, 2625 --Extend corporate limits ___________114, 128, 189, 196, 1835, 1836,
1840, 2018, 2097
HB 598
HB 413
HB 356
SR 73
SR 64 HR 277
HB 212 HB 597 HB 12 HB 13 HB 731 HB 568 HB 84
INDEX
2967
--Fire Department; pension, fractional parts of years __._,,__....._-_______-_~-1123, 1248, 1367, 1374, 2255
--Fire Department; reduced pension benefits ._..___.____.._...._........______._.660, 741, 940, 949
--Former officers, employees; additional pension benefits ______.,,__--.540, 577, 749, 750, 1936, 1943
--Local Education Commission; re-establish __.___.____..._..___......_..1863, 1988, 2072, 2076, 2229
--Local Government Commission; establish __________________ 1853, 1897, 1969, 2215, 2222, 2223, 2516
--L. P. Grant property; State urged to acquire to establish historical monument __.___1077, 1534, 1759, 2093
--Pension, refund of contributions ---300, 324, 557, 565, 2253 --Police Department; pension, fractional parts
of years __________________________....1123, 1248, 1367, 1374, 2255 --President, Board of Aldermen; election
and duties .....___....,,_.___.___..._..___ 51, 81, 188, 190, 556 --Provide uniform cost bill .____-_--51, 82, 188, 190, 2264, 2284 --Retirement rights of reemployed
employees _._____,,_._....._1516, 1661, 1686, 1869, 2263 --Slum clearance; powers ,,.___.__.__1056, 1134, 1996, 2008, 2254 --Zoning and planning decisions ._.._._..,,_._._.._..__...114, 128
ATLANTA JUDICIAL CIRCUIT
HB 94 SB 204
--Compensation of certain officials --.......116, 130, 189, 198, 652 --Manner in which judges shall dispose
of business ____._........._._____________________1984, 1990, 2074
ATLANTIC COASTAL TOURIST COMMISSION SB 197 --Create................________.________.__._......._._...__.._... 1862, 1989, 2073, 2215
ATLANTA SYMPHONY ORCHESTRA HR 354 --Commend ...._._.._..____..__........__..._...._._.________....__1748
ATTORNEY GENERAL
HR 211
HB 677 HR 66
--Opinion from ____.....__.__.__....____.._.__..__..__.___....107 --Requested to obtain delay in Tax
equalization decision _.._.__,,_...._..._.._.__.______________694 --Reimbursement for expenses ......._1240, 1356, 1366, 1794, 2619 --To act as State Counsel in Julian Bond case ____.__------.133
ATTORNEY'S FEES
HB 777
--Method of giving notice for the purpose of collecting ___.______...____,,____._____________1657, 1844, 1990
2968 AUCTIONS
HB 327
INDEX
--Livestock; operators must maintain custodial account in bank ___....__..._.........469, 482, 551, 802, 2616
AUGUSTA, CITY OF
HB 665 HB 717 HB 719 HB 718 HB 650 HB 318 HB 595 SB 236 HB 433 HB 432
--Annexation of certain territory; effective date ........._.________..1238, 1354, 1368, 1587, 2084
--Employee pension benefits to spouse --.------...-..-.........-.-.-.--.1348, 1525, 1686, 1710, 2085
--Employees' pensions ----...----1349, 1525, 1686, 1717, 2085 --Employees' retirement; alternative form
of allowance ----_------.--1348, 1525, 1686, 1713, 2085 --Law enforcement officers' fees for
court testimony ----_-..__--.1131, 1256, 1266, 1385, 2084 --Masonic Hall, increase powers of
Trustees .._.._.___..-____...............467, 549, 1533, 1583, 2254 --Mayor and Council; election _......._._...1122, 1247, 1266, 1373 --Municipal Court; compensation of
certain personnel .__.-.-1852, 1898, 1969, 2077, 2079, 2208 --Sprinkling system; repeal
provisions ..-._____._........_..__..._727, 830, 940, 951, 1672 --Street improvements; method of making
assessments ___.__......._..__.726, 830, 940, 951, 1672
AUSTELL, TOWN OF HB 625 --Increase corporate limits -----1128, 1253, 1266, 1382, 1858
AUSTIN, REV. RICHARD M. --Prayer offered by ~_________------_------------._..__...._._.--..1053
AUTHORITIES (See named authority)
HB 479
--Agricultural Commodities Authority; create .....___._.__...._...-----821, 931, 939, 1224, 2617
HB 202 HB 579 HB 251 HB 199
--Georgia Ports Authority; change membership ......------.----.....298, 323, 584, 1103, 2096, 2107
--Hospital; county tax levy, retiring financial debts _..._........................----1060, 1137, 1263, 1500
--State Hospital Authority Act; increase amount of bond issuance ..--._.349, 431, 665, 1090, 2615
--State Office Building Authority Act; define "project" _______..___._.......------297, 322, 356, 714, 2614
HB 246 HB 730
INDEX
2969
--State School Building Authority Act; compensation for certain members _.._...___..,,______.348, 430
--State Toll Bridge Authority Act; amend ____.________________________________._.___________1516, 1661, 1991
AUTHORITIES (LOCAL) (See named Authority)
HR 98-165 --Adairsville Development Authority; create; amendment to the Constitution _____ 257, 304, 483, 597, 1973
HR 290-679 --Appling County Industrial Development Authority; create; amendment to the Constitution .___.__._..__......._..__1240, 1356, 1533, 1564, 1978
HB 769
--Atlanta-Fulton County Recreation Authority Act; amend _________________1656, 1843, 1866, 2012, 2096, 2619
HB 151
--Bartow-Cartersville Joint Airport Authority; create ......___........_._254, 301, 353, 372, 1148
HR 319-719 --Bleckley-Cochran Industrial Development Authority; create; amendment to the Constitution ___.___________1350, 1526, 1533, 1726, 2420, 2467
HR 97-165 --Brooks County Development Authority; create; amendment to the Constitution _.___..........-________.-._...__.257, 304, 483, 594, 1973
HR 201-431 --Brunswick and Glynn County Development authority; additional definitions; amendment to the Constitution __.........__...,,....--...726, 830, 1139, 1159
HR 98-165 --Camden County Development Authority; create; amendment to the Constitution ..._..-_____........___...._.._.266, 303, 354, 388, 1973
HR 321-724 --Catoosa County Development Authority; create; amendment to the Constitution _.__............_-__.___._1515, 1660, 1686, 1879, 2259
HR 114-196 --Chattooga County Development Authority; create; amendment to the Constitution _._......_..____...-_........___._.297, 322, 435, 609, 1973
HR 291-679 --Cherokee County Development Authority; create; amendment to the Constitution .__.__......_........._.___....1241, 1356, 1367, 1571, 2623
HR 274-596 --Coweta County Development Authority; create; amendment to the Constitution _-.___.....___..1123, 1248, 1264, 1425, 2420, 2527, 2539, 2547, 2626
HR 85-135 --Douglasville-Douglas County Industrial Development Authority; create; amendment to the Constitution _-_.__...._..._____.-..-._.__._._180, 262, 354, 381, 1973
HR 42-55 --Elbert County Development Authority; create; amendment to the Constitution ____........__.___..-..._. 88, 118, 189, 199, 1971, 2066
2970
INDEX
SR 70
--Georgia Ports Authority; local assurer agreement with Chatham County ..__..__._-1851, 1896, 1968, 2078, 2373, 2390, 2403, 2495, 2496
HR 154-321 --Gordon County Development Authority; create; amendment to the Constitution --------------468, 550, 667, 760, 1974
HR 195-421 --Hancock County Development Authority; create; amendment to the Constitution ----------------661, 743, 748, 855, 1975
HR 265-571 --Heard County Development Authority; create; amendment to the Constitution _..__.._-1058, 1135, 1264, 1407, 2622
HR 222-467 --Henry County Development Authority; create; amendment to the Constitution __----------------735, 837, 940, 1013, 1976
SR 79
--Jasper, City of; Industrial Development Authority; create; amendment to the Constitution --------------1971, 1988, 2073, 2077, 2243
HR 263-571 --Monroe County Development Authority; create; amendment to the Constitution --____1057, 1135, 1264, 1401, 2621
HR 186-399 --Montgomery County Development Authority; create; amendment to the Constitution ----------------657, 738, 940, 999, 1974
HR 289-658 --Murray County Industrial Development Authority; create; amendment to the Constitution --------------------1237, 1353, 1533, 1557, 2622
HR 316-719 --Pulaski County-Hawkinsville Authority; create; amendment to the Constitution --------------------1349, 1526, 1533, 1720, 2623
HB 521
--Savannah District Authority; terms of members ____------.--------------.921, 1063, 1140, 1195, 2087
HR 273-596 --Statesboro and Bulloch County Development Authority; create; amendment to the Constitution ..__1123, 1247, 1264, 1413
HR 152-313 --Toombs County Development Authority; create; amendment to the Constitution ------------------467, 548, 667, 753, 1974
HR 206-435 --Treutlen County Development Authority; create; amendment to the Constitution --__--------___..--------727, 831, 940, 1007, 1975
HR 281-602 -- -Vidalia Development Authority; extend activities into Montgomery County; amendment to the Constitution----.--.--_-1124, 1249, 1265, 1447, 2622
HR 185-399 --Wheeler County Development Authority; create; amendment to the Constitution --------------------657, 738, 940, 992, 1974
INDEX
2971
HR 113-196 --Woodbine Development Authority; create; amendment to the Constitution ..__......___...__......296, 321, 435, 603, 1973
HR 115-201 --Worth County Development Authority; create; amendment to the Constitution ....._..._.......... 298, 322, 354, 399, 1973
AUTOMOBILE INSPECTION LAW (See motor vehicles)
HB 350 HR 107 HB 74 SB 121
--Motor vehicles; inspection before being sold to public .....,,___.__..__,,_._........__...._._......._.539, 576
--Motor Vehicle Inspection Study Committee; create ____...._.--__.---._...__......__... 249, 1689
--Safety belts required, all 1967 and later model motor vehicles ....-____....._...._-_._....92, 121, 484, 682, 695
--Safety belts required in order to pass inspection __....._._____........_.______.___......1682, 1692, 1847, 1992
AUTO THEFT STUDY COMMITTEE --Interim report _.-.------.----_-_.----___...__._..._._---_._2651
AVONDALE HIGH SCHOOL FOOTBALL TEAM HR 261 --Commend ......__......._.......__....__........_..._..._.._.._......_...1045
B
BACON COUNTY
HB 756 HB 755
--Alma, City of; Joint Planning Commission ___..._...____....__._.._...1353, 1529, 1687, 1706, 2086
--Board of Commissioners; Chairman's salary _._._____1353, 1529, 1687, 1706, 2091, 2263
BAIL HB 36 SB 131 HB 8
--Appearance bond; jury's presence not required if forfeited .____......_._.....72, 95, 668, 1622, 2612
--Bail trover to recover personalty; confinement of defendant .__......__.___..._.____... 1850, 1897, 1968
--Misdemeanor; approved by chief law enforcement officer or committing officer...._..50, 81, 137
2972 HB 307 HB 155
HB 702
INDEX
--Misdemeanor cases; cognizance bonds from military personnel _..._.___._._...465, 547, 584, 898, 2616
--Public drunkenness; violation of traffic, game, fish or boating laws; cash bonds ------------ ._____---------------.254, 302, 436, 534
--Traffic law violations _----_----..---- ..-_--.1345, 1522
BAILIFFS SB 126
--Maximum allowable salary __.__----1270, 1314, 1362, 1685, 2181
BAINBRIDGE, CITY OF
HB 317 HB 316
--Aldermen; decrease number ___--..467, 549, 557, 591, 1668 --City Court; Sheriff's duties ,,___--.467, 549, 557, 590, 1668
BAKER COUNTY
HB 635 HB 633
--Board of Commissioners; members' salary .--------__._.----------1061, 1138, 1266, 1276, 1673
--Sheriff's salary ___-_____1060, 1137, 1266, 1276, 2265, 2335, 2335
BALDWIN COUNTY
HR 157-338 --Conveyance of certain tract of land within 320th Militia District --_________--__. 472, 553, 942, 1081, 2092
HR 367 --Conveyance of certain land ---- .---- ...__..___------1760 HR 158-341 --Conveyance of certain tract of land within
320th Militia District --.--------.----473, 554, 750, 889, 2092 SB 117 --Sheriff's salary ..--------------._------1680, 1692, 1847, 1866, 2004
BALDWIN, MR. AND MRS. BEN C. HR 103 --Congratulate --------------..-----------.-------------.__.245
BANKS AND BANKING
HB 301
HR 379 HB 322 HB 207
--Banking facilities; establishment and operation shall be expansion of existing facilities __------.___424, 479, 839, 1635, 2095, 2300
--Banking laws; create committee to study .._._._..._.------2572 --Central Depository System; delivery, transfer
of investment securities ----------.468, 550, 839, 1024, 2616 --Certain notes and instruments of
indebtedness; repayment .------...--...... _.--._.._299, 323
SB 189 HB 31 SB 89
SB 88
HB 131
HB 157 HB 337 SB 124 HB 333
INDEX
2973
--Credit unions; procedure for incorporation ___________._____---....___._.._.. 1862, 1989, 2073
--Payment of deposits in two names; clarify provisions ---_----_-_________________________________72, 95
--Private banks or private bankers; regulated under Banking Laws .......--_____..._-1074, 1207, 1259, 1530, 2134, 2156, 2207, 2344, 2389
--Regulated certificated banks; provided for incorporation __________.____.____1144, 1207, 1259, 1530, 1965, 2144, 2156, 2207, 2346, 2389
--Savings and Loan Associations; may issue and sell money orders in the same manner as a bank ________..__________._______________.-__________.179, 261, 839
--Savings and Loan Associations; taxed in like manner as National Banks _____________--______255, 302, 747
--Taxation of shares; fix market value ______._--_____.___.-_-________-_--___.___--472, 553, 838, 1507, 2091
--Uninvested trust funds may be secured by additional obligations _--~._.1364, 1456, 1527, 1864, 2510
--Worthless checks, drafts; misdemeanor if person knowingly draws, makes or delivers .______.__.__.__________471, 552
BANKS COUNTY
HB 658
HB 471 HB 473 HB 474
--Materials purchased through Purchasing Agent ___.____......1237, 1353, 1865, 1872, 2255
--Ordinary's salary ______________________........____...__ 820, 930 --Sheriff's salary __..______._____-820, 930, 941, 1152, 1676 --Superior Court; Clerk's salary ..___________._____._.__820, 930
BARBERS HB 170 HB 219
--Georgia State Board; resident requirements ___________________________________258, 305, 668, 1470
--Master certificate of registration; qualifications and requirements _--__-______--.318, 352, 435, 1931, 2267, 2312
BARFIELD, GRADY HR 45-71 --Compensate ..__......_.___-_...._-_-._.__-___.....92, 120, 482, 640, 1979
BARNHART, REV. PHILLIP H. --Prayer offered by --.__________..___-_._._.--_-._.---67
2974
INDEX
BARROW COUNTY
HB 578 --Board of Education; provide for members _.-_______ 1060, 1137, 1140, 1274, 1987, 2101
HR 272-578 --Merge school system with City of Winder; amendment to the Constitution ........_.........._.._._.1060, 1137, 1139, 1441, 2480
BARTOW COUNTY
HB 151 HB 722
--Joint Airport Authority; create ...__.254, 301, 353, 372, 1148 --Ordinary's salary ___._._.__.________________ 1515, 1660, 1686, 1878, 2256
BASEBALL
--Sale of tickets regulated __________.__465, 547, 748, 1232, 2616
BASKETBALL --Sale of tickets regulated _....._.............465, 547, 748, 1232, 2616
BAXLEY, CITY OF
HB 679
--Levy of tax, bonded indebtedness.......^.. 1240, 1356, 1368, 1590, 1985, 2100
BEAUTICIANS
SB 46
--Georgia State Board of Cosmetology; include persons who perform services on hair of diseased persons and wigs ................__......_._.......938, 1205, 1257, 1366, 2130, 2208
BECKWITH, MAJOR CHARLES A. SR 105 --Commend ^__......._____.__------______________________________________-2094, 2571
BELL, WILLIAM T. HR 227-480 --Compensate ____--___.,,___--~--.---~822, 932, 1261, 1457, 1982
BENEFICIARIES
HB 208
--Tax on income of estates or trusts; when taxable and when relieved..--.299, 324, 584, 869, 2615
INDEX
2975
BEN HILL COUNTY HB 235 --Superior Court Clerk's salary..----...345, 427, 435, 488, 1072
BERRY SCHOOL SINGERS HR 352 --Commend .-....._.- ,,..-- -.--------------_.-- __.-..1747
BIBB COUNTY
HR 148-301 --Conveyance of certain State property ----__------_----____425, 480, 750, 1019, 1536
HB 460 --Employees' pension plan, age participation _------__--.------733, 835, 941, 957, 1675
HR 218-461 --Group life insurance; levy tax; amendment to the Constitution........734, 836, 940, 979, 1976
HR 217-461 --Recreation systems; levy tax; amendment to the Constitution .---.734, 836, 940, 975, 1976
HR 9-13 --Release certain property belonging to Ernest Genone, Jr. from all fi. fas..__----....----.._..---_...--__51, 82, 325, 358, 2261
HR 216-461 --Retirement system; levy tax; amendment to the Constitution-.--.733, 836, 939, 970, 1976
HB 461 --Water & Sewerage Authority; create -.____ -- .--------_............733, 836, 1075, 1151, 1675
BIBLE HR 37-48 --Holy Bible; suspend Sales Tax--------78, 99, 241, 276, 2624
BILLBOARDS HB 591 SR 25
--Erection control and maintenance; effective date ........ ........_......._____....._.....1122, 1247
--Removal; amendment to the Constitution __----------------1365, 1537, 1666, 1991, 2360
BILLS OF SALE HB 353 --Personal property; provide for confirmation.....---......539, 576
BIOLOGICAL PERMIT ACT, GEORGIA
HB 560
--Enact in lieu thereof The Georgia Biologicals Permit Act of 1966 ........1055, 1133, 1263, 1645, 1814, 2618
2976
INDEX
BIRTH CONTROL
HB 551
--Family Planning Services; provided by certain State and County agencies -..._____,,...__..____ ..._...._.....__927, 939, 1069, 1298, 2618
BLACK ROCK STATE PARK
SR 87
--Execution of license agreements conveying water rights _~.--________--_1986, 1994, 2075, 2078
BLACKSHEAR, CITY OF HB 454 --Aldermen's election ....._____.__...._........___732, 834, 940, 954, 1675
BLECKLEY COUNTY
HR 319-719 --Bleckley-Cochran Industrial Development Authority; create; amendment to the Constitution _.....____.........1350, 1526, 1533, 1726, 2420, 2467
BLOOD-ALCOHOL TEST
HB 561 HB 25
--Operating motor vehicle while under influence; change provisions--.1055, 1133, 1267, 1626
--Operating motor vehicle while under influence; cost of test _.__........._70, 94, 355, 438, 2260
BLUE RIDGE JUDICIAL CIRCUIT
HB 631
--Judge's allowance for clerical personnel .._-...___.--.....1128, 1253, 1264, 1468, 1859
BOLTON, ATTORNEY GENERAL ARTHUR K.
HR 101 HR 364
--Commend .-___-------,,----------__,,__-.---_._.___. 243 --Commend ..___.-_....,,__..._____._....__._..._._.,,.._.-...._..,,-,,..._.__.1756
BOMBS SB 36
--Bomb scares; penalty for false information ....___..-___-.......-_____.......-___......417, 437, 481, 1367
INDEX
2977
BOND, JULIAN
HR 66
--Representative-Elect; Attorney General to act as State Counsel in court case--------.__.....___133
--Contest seating of _------------------.------_.._.._..__..._32
HR 7
HR 19 HR 49
--Representative-Elect; create special committeee to hold hearing rela tive to seating ______.._--.___----------___.____--_______42, 43, 44, 44, 45
--Representative-Elect; special committee report relative to seating adopted _.....__..._____._._45, 47
--Representative-Elect; vacancy declared from 136th District...-.....-..----__._-_----._.______....__----102
BONDS
HB 486 --Corporations; may be signed with facsimile signatures of authorized officers--------..823, 932
HB 147 --Counties, municipalities; elections; legal advertisement of bond issue.------253, 301, 311, 1267
HB 371 --Counties, municipalities; issuance in accordance with State Constitution------_____543, 580, 668
HB 388 --General obligation bonds; court proceedings on judgments -655, 736, 840, 1096, 2419, 2523
HB 387 --Revenue Bond Law; amend ....654, 736, 840, 1094, 2419, 2521 HB 786 --Revenue Bond Law; date of maturity----__.------1659, 1845 HR 20-44 --Revenue; public corporations created
with power to issue; develop indus trial facilities; amendment to the Constitution __.....,,_-.....----...---------74, 97, 265, 362, 2619
BOND HB 36
HB 8
HB 307
HB 702 SB 131
HB 155
--Appearance; jury's presence not required if forfeited....----..._-___72, 95, 668, 1622, 2612
--Bail; misdemeanors; approved by chief law enforcement officer or committing officer...------50, 81, 137
--Bail; misdemeanor cases; cognizance bonds from military personnel .----465, 547, 584, 898, 2616
--Bail; traffic law violations........__....----_....______..__--1345, 1522 --Bail trover to recover personalty;
confinement of defendant----------..----------1850, 1897, 1968 --Public drunkenness; violation of traffic,
game, fish or boating laws.--..._..__....__._...254, 302, 436, 534
BOSWELL, MRS. PATRICIA N. HR 71-122 --Compensate .........._........._.........___....._._... 162, 186, 665, 787, 1979
2978
INDEX
BRANCH DEPOSITORIES SB 199 --Secretary of State to establish--1364, 1539, 1667, 1686, 1954
BRAWLEY, DR. JAMES P. HR 65 --Congratulate ---.--------------.---------------------131, 188
BREEDER'S AWARD, GEORGIA HB 790 --Establish ....._......_...._.....-._._...._...__.....__....-......_-..._......-_-__.2214
BREMEN, CITY OF HB 773 Extend corporate limits------------1657, 1844, 1866, 1999, 2257
BRIDGES
HB 225 HB 201
--Burning of; change punishment--------------343, 426, 584 --Construction and repairing;
barricading and marking.----.--------....--------.297, 322, 666
BRIGHTWELL, W. T. HR 333 --Commend __ ...--.---_-----___-.___-.--_--------------1539
BRINKLEY, JACK HR 380 --Commend ._-....-...._....._...--..-.....---._-..-_--...._-....-...-.....-..2573
BRITT, STAFF SERGEANT OSCAR B. HR 353 --Commend -- _-.,,_--__----__-.-_--.--..---------------------1748
BROCK, WILLIAM MYERS HR 192-412 --Compensate ------------------..660, 741, 1262, 1461, 1981
BROOKS COUNTY
HR 97-165 --Brooks County Development Authority; create; amendment to the Constitution -_----.--------------- 257, 304, 483, 594, 1973
HB 444 --Sheriff's salary -----------------------.730, 833, 940, 952, 2086
INDEX
2979
BROWN, HEBE C. HR 359 --Expressing regrets _......-.....,,._...--_----_._,,--._~_.._..._1753
BROWN, JOHNNY A. HR 181-385 --Compensate __________.._--____.__-_-._.__.574, 664, 1075, 1216, 1981
BRUNSWICK, CITY OF
HR 243-517 --Ad valorem tax; certain property in Downtown Brunswick; amend ment to the Constitution ___._.__920, 1062, 1265, 1393, 1977, 1984, 2420, 2520
HR 201-431 --Brunswick and Glynn County Development authority; additional definitions; amendment to the Constitution.,..726, 830, 1139, 1159, 1975
HR 139-291 --Charter Commission; create to study consolidation with Glynn County; amendment to the Constitution__422, 478, 483, 615, 1974
BRUNSWICK JUDICIAL CIRCUIT
HB 746
--Assistant Official Court Reporter; provide for __._-_.______-.__._______.___1517, 1662, 1687, 1869, 2256
BRYAN COUNTY HB 332 --Treasurer's salary ......_._........_._._...__471, 552, 558, 592, 1669
BUCK HEAD, CITY OF
HB 666
--Legal title of Baptist Church; Hepzibah Baptist Association__1238, 1354, 1367, 1587, 1866
BUDGET (See Appropriations)
HB 1 HB 2 HB 693
--General Appropriations Act; supplement ___.____49, 80, 110, 139, 152, 156, 157, 910, 910, 912, 1045, 1046, 1047
--General Appropriations Act; supplement ....,,.__ 49, 80, 110, 140, 145, 152, 154, 156, 157, 910, 912, 1046, 1047, 1050
--General Appropriations Act; supplement; Department of Public Health .._._...__..................___1243, 1359
2980 HB 664 HB 691 HB 386 HB 198 SB 83
INDEX
--General Appropriations Act; supplement; Game and Fish Commission ------..------1132, 1260, 1261, 1609, 2266, 2275
--General Appropriations Act; supple ment; Governor's Emergency Fund; State Board of Corrections--1133, 1261, 1261, 1606, 2261
--General Appropriations Act; supplement; State Department of Education------------575, 664, 1262
--General Appropriations Act; supplement; State Highway Department Laboratory Building ___------------_..297, 322, 483, 715, 2614
--Statements of fiscal explanation to accompany legislation expending State funds ..--...-..-.....-.....1270, 1313, 1362, 1863
BULLOCH COUNTY HR 273-596 --Statesboro and Bulloch County Development Authority; create; amendment to the Constitution _----------._--------1123, 1247, 1264, 1413, 2103 SB 238 --Superior Court Clerk's salary..... 1985, 1993, 2074, 2077, 2225
BUNCH, JOE B. HR 229-494 --Compensate ..----....------.------.--824, 934, 1261, 1458, 1982
BURGH, MRS. OLA HR 63-110 --Compensate ...----.....--.------------..159, 184, 665, 787, 1979
BURIAL CASKETS AND VAULTS
HB 298 HB 527
--Sales tax; exempt _....--..------.....,,._..._...------.............424, 479 --Sales at retail; prohibit except
by licensed funeral directors.--------.--------------.922, 1064
BURIAL PLACE
SB 166 HB 224
--Desecration; penalty of life imprisonment in lieu of death penalty..........----_..._...........1364, 1456, 1527
--Desecration; punishment .___...................----....343, 426, 584
BURKE COUNTY
HB 9 HB 427
--Sheriff's salary ._..._..._.....50, 81, 165, 167 --Superior Court terms--------.--------725, 829, 940, 950, 1672
INDEX
2981
BURKE, S. F. HR 180 --Commend -._____....-..__,,__..,,...._.__..----_._...._.________.____568, 585, 2093
BURRELL, REV. T. C. --Prayer offered by.._.--_----____...._._ _.----------------_------..1342
BURTON, JOE N. HR 403 --Express appreciation ------------------____..__.._2591
BUSBEE, HON. GEORGE --Floor Leader; appointment of------------__--_------_...--.16
BUSES, SCHOOL HB 209 --Drivers; establish minimum salaries 299,324,354,525,1536
BUSINESS AND INDUSTRIAL LOANS HR 68 --Create Committee to study .-_.----------------------135, 1688
BUSINESS DEVELOPMENT CORPORATION, STATEWIDE HB 237 --Create ------ ------------------------_-__--346, 428
BUSINESSES HB 231
--License fees and taxes; counties to assess and collect in unincorporated areas ----------------344, 427, 584, 1599, 1696
BUTTS COUNTY
HB 611
HB 612
HB 613 HB 614
--Board of Commissioners; salary ------------_._----__------1125, 1250, 1265, 1378, 1858
--Ordinary's allowance for clerical assistance ------ _. .------------1126, 1250, 1265, 1378, 1858
--Sheriff's salary ----------__..1126, 1251, 1265, 1378, 1858 --Tax Collector; allowance for clerical
assistance ._......_--------------1126, 1251, 1265, 1379, 1858
2982
INDEX
c
CALDWELL, LT. T. E. HE 48-72 --Compensate ._.__...___.....___._....~__........-......92, 121, 483, 641, 1979
CALHOUN COUNTY HB 634 --Sheriff's salary ___.__._.__............._._.. 1061, 1138, 1266, 1276, 1673
CALHOUN, DENNIS HE 134 --Commend -,,_.._,,___,,._.,,.,,... ............................._.............. 340
CALLAWAY, BILL HE 131 --Young Man of the Year; Eome, Georgia; commend..........338
CALLOWAY, EEV. EDGAE A. --Prayer offered by --.--_....._--__.....--._..._.--...............................,,--.5
CAMDEN COUNTY
HE 89-165 --Camden County Development Authority; create; amendment to the Constitution....... 256, 303, 354, 388, 1973
HE 88-165 --Stabilized property tax program; amendment to the Constitution .._....._........._..._.......___........ 256, 303, 354, 385
CAMPUS POLICEMEN
SB 97
--University System of Georgia; power to make arrests _....___...._-...__.......1270, 1314, 1362, 1691, 2173
CANDIDATES HB 283
--If no opposition candidate shall be declared party nominee ....._--..__......_.421, 476, 748, 1317, 2095, 2110
CAPITAL PUNISHMENT COMMITTEE --Interim Eeport ...._.-.._...._._...__.............-...,.............._-....._2669
INDEX
2983
CARE AND TRAINING OF PRE-SCHOOL CHILDREN HR 308 --Create study committee ,,________.__________.-______.___.1283
CARTERSVILLE, CITY OP HB 151 --Joint Airport Authority; create.--.. 254, 301, 353, 372, 1148
CATOOSA COUNTY
HB 585 --Board of Commissioners; clerical assistant's salary _________________.1121, 1246, 1265, 1371, 2088
HR 161-356 --Board of Tax Administrators; remove authority; amendment to the ConstitutioiL-540, 577, 1264, 1389, 2621
HB 305 --Board of Utility Commission, vacancies.________________________.465, 547, 557, 588, 1073
HR 321-724 --Catoosa County Development Authority; create; amendment to the Constitution 1515,1660, 1686,1879, 2259
HB 415 --Sheriff's salary __________________ 661, 741, 749, 946, 1681, 1903 HB 583 --Superior Court, Clerk and Ordinary;
allowance for clerical help____.1121, 1245, 1265, 1370, 2088 HB 584 --Tax Commissioner; clerical assistance
allowance.--______.___.___1121, 1246, 1265, 1370, 2088
CEMETERIES HB 421
--Perpetual and endowment care; regulate._-_---__~-742, 797, 840, 1920, 2419, 2487, 2539
CENTERVILLE, CITY OP HB 788 --Mayor and Councilman; election..1659, 1846, 1865, 2004, 2259
CHAMBLEE, CITY OF HB 708 --Tax; date due-_-__.-___._________.1346, 1523, 1533, 1700, 2254
CHAMBLESS, REV. YORK --Prayer offered by ____________________________________--__.88
CHAPLAINS, PRAYER OFFERED BY (See named Chaplain)
--Galloway, Rev. Edgar A..---- _-_--.______---____..--_-______--.5 --Peacock, Dr. Carl __.-_.__.__._._______-___________._____._______48
2984
INDEX
--Barnhart, Rev. Phillip H.--------_------------------------_----67 --Chambless, Rev. York ..---- ______________________________.88 --Grier, Rev. J. D. Jr..---------.--.------------------------112 --Robertson, Rev. Vernard E._------------------_,,...----._-..123 --Williams, Rev. L. E.---------------_--------------___158, 178 --Duncan, Rev. Charles C.__----.-...___...----_..____.........252 --Davis, Rev. Richard ___..------..-.__.__.___._......_...._-.--_....... 293 --Story, Hon. Earl --------------....__....._....__....._........--._.. 316 --Scott, Elder T. Roe ____..._._--------------------------342 --Hazel, Rev. Don _-._.____------------------.---------------..416 --Lawler, Rev. Tom C.__.......------....------._.__----------....... 464 --Kerr, Rev. Bob .....___..__.._._....--..._......._.......___............... 537 --Trulock, Dr. Albert _------------------ -.__..._..__........--..571 --Cooke, Rev. A. J. _--___.__.........._--........--.....___...._.__650 --Peacock, Rev. Joseph Lamar .___..---.--.-_.--.--.---.-...-----723 --Collins, Rev. E. H.........__.__.______.........._........_..._.....___ 818 --Parker, Rev. Charles .....--.__-._..._......____...._--..............917 --Austin, Rev. Richard M. ___.--.._.._..--____.._.__.--....___1053 --Storey, Rev. W. E. .--......._--__..........--------------------1118 --Gibson, Dr. J. Douglas _--....--_.___--_...._--_....----____1235 --Burrell, Rev. T. C. ____.__...._.__....._.--..................................1342 --Rodrick, Rev. Bruce ___--_._.......----.....___........._.___....... 1513 --Selman, Rev. William L. ___-.___________----.____.___ 1653 --Crawford, Rev. Eddie _..._____________..._____....-1841 --Cliburn, Rev. Edwin ........._____..._.____...__..........._..1966 --Ginn, Dr. D. Perry --....__----._--,,--------------------.-- 2069 --Erwin, Rev. Henry K. .___.........._--....._..___..___.-.2210
CHARITABLE ORGANIZATIONS
HB 532 HB 389
--End immunity of wrongdoings which amounts to negligence ------------------_._._----___.--,,_.__--.923, 1065
--Sales tax; exempt certain property--......--...._----.... 655, 737
CHARLTON COUNTY
HR 90-165 --Stabilized property tax program; amendment to the Constitution------...--.......--.--.._.256, 303, 354, 394
CHATHAM COUNTY
HB 542 --Apportionment of membership in House of Representatives; method.-929, 1067, 1265, 1341, 1554, 1686
HB 618 --Board of Health; appointment of members _------.__--------------1126, 1251, 1266, 1707, 2084
HB 190 --Clerk of Superior Court, bond............ 295, 320, 353, 377, 1674 HR 202-431 --Easement of certain State-owned
property--.--------.----------__...726, 830, 842, 1087, 2621
INDEX
2985
SR 70 --Georgia Ports Authority; local assurer agreement------1851, 1896, 1968, 2078, 2373, 2390, 2403, 2495, 2496
HR 224-474 --Homestead exemption; increase; amendment to the Constitution ----___----.__...----__.------------------820, 930
HB 189 --Sheriff's bond ------------------------ 295, 320, 353, 377, 1673 HR 225-480 --Tax equalization; amendment to the
Constitution ----------._----------. 821, 931, 940, 1162 HB 194 --Taxes paid in two installments-_------ 296, 321, 354, 378, 1674
CHATTAHOOCHEE COUNTY
HB 240 --Business licenses __----._.----...--------.--------------347, 429 HR 250-529 --Business license fees and taxes; amendment
to the Constitution--.--.------.923, 1065, 1139, 1184, 1978 HB 484 --Sheriff's salary.........__...........822, 932, 941, 1153, 2094, 2118 HB 483 --Tax Commissioner's salary............... 822, 932, 941, 1153, 1854
CHATTAHOOCHEE JUDICIAL CIRCUIT
HB 445 HB 684
--Solicitor General's salary.........___........730, 833, 940, 947, 1672 --Supplement paid by Muscogee
County..........____._......._.-...--........1242, 1358, 1368, 1591, 2084
CHATTOOGA COUNTY
HR 140-291 --Board of Education; elections; amendment to the Constitution...........--._.--.___.......__.__. 422, 478, 483, 621
HR 114-196 --Chattooga County Development Authority; create; amendment to the Constitution.---- 297, 322, 435, 609, 1973
HB 278 --City Court, repeal Act establishing.--......-420, 476, 484, 561 SB 239 --Deputy sheriffs and jailers;
salary-------------.-..----1984, 1993, 2074, 2077, 2225 HB 276 --Sheriff's salary---------------------.419, 475, 484, 560, 1853 HB 277 --Superior Court Clerk's salary.....--.--420, 475, 484, 561, 1854 HB 275 --Tax Receiver and Tax Collector;
consolidate offices ___----_--.......----...----419, 475, 484, 560
CHECKS HB 333
--Worthless; misdemeanor if person knowingly draws, makes or delivers ----------------__...----471, 552
CHEROKEE COUNTY
HB 510 HB 516
--Board of Commissioners; salary-. 918, 1061, 1139, 1192, 2087 --Certain officials' salaries .--------919, 1062, 1139, 1194, 2087
2986
INDEX
HR 291-679 --Cherokee County Development Authority; create; amendment to the Constitution _______ 1241, 1356, 1367, 1571, 2623
SR 39 --County Board of Education; filling of vacancies; amendment to the Constitution _______ 1970, 1987, 2072, 2076, 2230
HR 203-431 --Repeal two resolutions regarding land ___._.-____________________________.______726, 830, 842, 1089, 2092
CHILDREN OF THE AMERICAN REVOLUTION HR 360 --Georgia Society; commend ____________ ,,.___. ___._.____--____1754, 2093
CIVIL AND CRIMINAL PROCEDURE HR 74 --Create Committee to study rules ______________________ 135, 1688
CLAIMS ADVISORY BOARD
HB 141
--Prohibit certain persons from receiving any fee, money or gift for any claim ____________ ___182, 263, 356, 496
CLARKE COUNTY
HB 540 --Board of Education; increase membership ___ 925, 1067, 1140, 1201, 1855, 1983, 1983, 2098
HR 255-539 --Board of Education; increase membership; amendment to the Constitution _______ 925, 1067, 1139, 1188, 1978
HR 232-494 --Charter Commission; create to study consolidation with City of Athens; amendment Constitution ___ 825, 934, 1075, 1166, 1977
HB 490 --Sheriff's salary ___________________________________ 824, 933, 941, 1154, 1855 HB 491 --Tax millage for educational purposes __.__,,, 824, 933, 941, 1155,
1681, 1903' HB 493 --Treasurer's salary __-___._---__ 824, 934, 941, 1155, 1855 HB 385 --Warm air heating contractors; terms and
provisions ______._______._.,,___.____ ___...___573, 663, 748, 751, 1854
CLAY COUNTY HB 632 --Sheriff's salary _______________________1060, 1137, 1266, 1275, 1673
CLAYTON COUNTY
HB 535
--Board of Commissioners; Bond requirement _____________._._.___ 924, 1066, 1140, 1201, 1677
INDEX
2987
HB 705 --Board of Commissioners; Vice-Chairman's duties ___.______..___._...._1346, 1523, 1533, 1699, 2090
HB 536 --Depositories for County funds _____.924, 1066, 1140, 1201, 1678 HB 367 --Militia District No. 1189; change
name ........._.____.__........_----..543, 579, 667, 701, 1150 HR 284-624 --Property tax levy to assist in promoting industry;
amendment to the Constitution ...._._1127, 1252, 1265, 1453, 2622
HB 279 --Purchasing Agent, full-time employee .__.._ 420, 476, 484, 561, 1146
HB 707 --Water Authority, right of eminent domain ......_...______._.._...~__-_.__1346, 1523, 1533, 1700, 2090
CLAYTON JUDICIAL CIRCUIT HB 562 --Court Reporter's salary ._..__..___.1055, 1133, 1140, 1272, 1678
CLERK SUPERIOR COURT
HB 97
HB 368 HB 128 SB 64
HB 519
--Capital felony cases; fee for furnishing exact copies
of record or appeal __________________________ 117, 130, 177, 228, 2613
--Facilities to file wills of persons still living ........______ 543, 579
--Place upon an annual salary _____._._______________-__.__.164, 177, 187
--Retirement benefits; credit for service in the
armed forces for future members .........__.1308, 1312, 1361
--Retirement benefits; delinquent payments shall
bear interest _
__......_. 920, 1063, 1139, 1624, 2617
CLIBURN, REV. EDWIN Prayer offered by _...._....,,_,,,,...__-_..._.._..________-__._._.___..-_..1966
COBB COUNTY
HR 109-179 --Authorize survey to be made by Secretary of State, certain districts ....___.._..____.........___........_....,, 260, 307
HB 672 --Board of Fire Commissioners; create in each fire prevention district ........___.........1239, 1355, 1368, 1589, 2256
HB 497 --Business licenses __ . _ 825, 935, 941, 1156, 2087 HB 751 --Certain officials' compensation 1518, 1663, 1687, 1870, 2263 HB 641 --Civil and Criminal Court; additional
judge _...____.__._._______._.__..____1129, 1254, 1266, 1384, 1860 HR 183-385 --Conveyance of certain State property .. .._.._......___... 574, 664 SR 47 --County Board of Education; members' salary;
amendment to the Constitution __._..__1970, 1988, 2072, 2215, 2249, 2517
2988
INDEX
HR 73-122 --County manager form of government; amendment to the Constitution --.......__-..___.. _____ 162, 186, 265, 265, 1972
HB 556 --Deputy Sheriff's salary ________ 928, 1070, 1140, 1204, 1856 HR 264-571 --Electors' qualifications; amendment to the
Constitution ______.------_________.._ 1057, 1135, 1139, 1432 HR 327-762 --General obligation bonds to improve sidewalks;
amendment to the Constitution ____^_. 1520, 1664, 1686, 1888, 2260
HB 748 --Law Libraries; maximum funds authorized to be collected from court cases --_____1518, 1662, 1687, 1870, 2256
SB 175 --Medical examiner; create office --.1144,1208,1260,1686,1708 HB 289 --Senatorial Districts; change provisions relating
to 32nd & 33rd ._______..____......__...___.._ 422, 477, 840, 1035, 2615 HB 749 --Tax Commissioner and Chief Clerk;
salary .............___._...___.....__.________..._1518, 1663, 1686, 1878, 2263 HB 762 --Treasurer's compensation ____...___ 1520, 1664, 1687, 1871, 2257 HR 117-206 --Zoning and Planning Commission; establish;
amendment to the Constitution ____.__.299, 323, 354, 405, 1973
COBB JUDICIAL CIRCUIT
HB 750
--Compensation of Judge received from Cobb County ----__-__._.-_____--_--____1518, 1663, 1687, 1870, 2263
COCHRAN, CITY OP
HR 319-719 --Bleckley-Cochran Industrial Development Authority; create; amendment to the Constitution _..___.____1350, 1526, 1533, 1726, 2420, 2467
COFFINS HB 298
--Sales tax; exempt ........__._____......__....._,,.....____......__._.._...424, 479
COIN-OPERATED DEVICES
SB 1 --Occupational tax stamp; prima facie evidence ..------.417, 436, 480, 1532, 2140, 2155, 2268, 2359, 2389, 2392
COLEMAN, A. M. (TONTO) HR 334 --Commend ........--...._._-_....----.......... ____...._...____..._____1540, 2093
COLLEGE PARK, CITY OF
HB 725 HB 571
--Extend corporate limits .......,,,,.___._-_____,,______--__._.--1515, 1660 --Mayor and Council; election ________1057, 1135, 1140, 1272, 2255
COLLEGES HR 196 HB 498 SB 97 HR 305
INDEX
2989
--Georgia State College; change name to Georgia State University _.___--_________,,________________________._.______._624
--University System of Georgia; admission tickets to athletic contests, where sold ___. _______ 826, 935, 1267
--University System of Georgia; campus policemen shall have power to make arrests __..1270, 1314, 1362, 1691, 2173
--University System of Georgia; college educational facilities; create committee to study _.,,_______-_--__1280, 1689
COLLINS, REV. E. H. Prayer offered by _______________._____.____..___._.___----__... 818
COLQUITT, CITY OF HB 477 --Extend corporate limits __.....__ 821, 931, 941, 1152, 1677
COLQUITT COUNTY
HB 764 HB 772 HB 89
--Board of Commissioners; retirement for certain personnel -_..____________--_--_--____-_---_--_______.1521, 1665
--Board of Commissioners, retirement for certain personnel _____________________________...___._.1656, 1843, 1866, 2005
--Sheriff's salary ____________________________._____115, 129, 189, 197, 652
COLUMBIA COUNTY
HR 188-405 --Construction rights; amendment to the Constitution ___.___.______,,_____________._.___658, 739, 749, 842, 1974
COLUMBUS, CITY OP
HR 191-407 --Board of Commissioners; combine with Muscogee County; amendment to the Constitution __..____659, 740, 748, 849, 1975
HB 446 --City Court; salary of judge and solicitor ______________..__-_____-_____________730, 833, 940, 948, 1673
HR 164-364 --Columbus and Muscogee County Building Commission; create; amendment to the Constitution ________________________542, 579, 667, 767, 1972, 2035
HB 452 --Municipal Court jurisdiction _________731, 834, 940, 954, 1674 HB 785 --Municipal Court; Marshals salary.-..1659, 1845, 1865, 2003,
2259 HR 163-364 --Tax Assessor; consolidate with Muscogee County;
amendment to the Constitution _._542, 578, 667, 763, 1974
2990
INDEX
COMMISSIONS
SR 73
--Atlanta-Fulton County Local Education Commission; re-establish ...____.._____._......_...__.1863, 1988, 2072, 2076, 2229
SB 197
--Atlantic Coastal Tourist Commission; create ,,-__--_______ 1862, 1989, 2073, 2215
HB 154
--Commission on Status of Women;
create ,,_
__
254, 302, 668, 906, 2262
HB 673 --DeKalb County Local Government Commission; establish ______.._.._......___.___...___........._______...__.____..__.1239 ) 1355
HR 119-218 --Forward Georgia Commission; create . 318, 352, 1688, 2216
HB 357 --Franklin D. Roosevelt Warm Springs Memorial Commission; Governor shall appoint all successors to members .__-__.._..__..-..._.._._....._-_.....540, 577, 1142, 1798
HR 280-602 --General Tax Study Commission; create __._. 1124, 1149, 1269
HB 671
--Georgia Art Commission; expand scope to include performing arts .__.._.__..._._.. 1239, 1355, 1689, 1912, 2619
SB 144
--Georgia State Scholarship Commission; agency within Executive Branch and budget unit of State Government .-_-.._._.__.__....1537, 1693, 1848, 1994, 1998, 2200
HB 509
--Georgia Water Resources Commission; create ..__._.____._.,,_-_....___-.-..... 828, 937, 1142, 1645, 1816
SR 86
--Governor's Commission on Efficiency and Improvement in Government; commend --____._--..,,--__...-_._.----.1863, 2569
HB 17 --Law Revision Commission; create _.._ . 52, 83, 190, 330, 2612
SR 64
--Local Government Commission; Atlanta, Fulton and DeKalb Counties; create .___... 1853, 1897, 1969, 2215, 2222, 2223, 2516
HR 248-529 --Mass Transportation Commission; create _____ 923, 1065, 1689
HR 297-698 --Metropolitan Area Water Quality Control Commission; establish ,,,,_____. 1244, 1359, 1534, 1804, 2267, 2488, 2516
HB 11
--Mineral Leasing Commission; specified terms of office of members _______._._._...___._____-__._._..___.____.._.51, 81, 1267
HR 287-650 --Rivers and Harbors Development Commission;
create ...
1131, 1256, 1268, 1464, 2539, 2562
HR 244-517 --State Properties Control Commission; declare certain State property surplus _--__.... 920, 1062, 1268, 1472, 2624
HR 81
--State Real Properties Control Commission; Thomas B. Murphy elected as member ..,,,,..---___,,_,,___..,,___..._.. 166
SR 74
--State Scholarship Commission; appropriation of funds from Federal Government; amendment to the Constitution .......................1971, 1988, 2073, 2076, 2375
COMMITTEES HOUSE Standing; Assignment of ____.____.....,,_______._...___.___..______.__._.___.16
INDEX
2991
COMMITTEES
SR 80 --Air Pollution Study Committee;
create .___.,,____________________.___,,....._ 1851, 1896, 1968, 1997, 2560
HR 111-196 --Alcohol Eduction Study Committee;
create _........___.........._,_..._.._....___.._.__.___..296, 321, 1690, 1947
HR 199 --Athletic and Literary Activities Study Committee;
create _..,,_.....___..._.___.____.__.___..__._.____..______........_.____..._..626, 1689
HR 392 --Autonomous Division of Mental Health within
Department of Public Health; create committee to
study ----.____.___.._,,,,,_.__.____._,,...,,._,,_ 2581
HR 379 --Banking laws; create committee to study ____. __.._______.__.... 2572
HR 68 --Business and industrial loans; create to study ___._._ 135, 1688
HR 308 --Care and Training of Pre-School Children Study
Committee; create-.......-- . -
--- .._........... 1283
HR 74 --Civil and Criminal Procedure Study Committee;
create ---,,,,__,,_,,_,,,,__,,___,,-,,_,,____,,_,,___________ 135, 1688
HR 54 --Compensation Study Committee; create ....____-________.....___... 103
HR 75 --Computer needs of State Departments; create
committee to study -_-_.....___..__________.______.._.______.__..________136, 1689
SR 49 --Computerized criminal records system; create study
committee .__...._._.___....... ...._._.___ 1535, 1538, 1666, 2215, 2507
HR 278 --Department of Public Safety; retirement; create
study committee _.-..._._....-.___._...__.....___... 1078, 1688, 2606
HR 368 --Dumping of trash and garbage on roads and
property; create to study --..__.._-.__-_,,_.__,,-.________..___1761
HR 341 --Educational problems and facilities; create to study ___.1547
HR 395 --Elections Laws Study Committee; create ._._____--,,__..--._ 2584
HR 197 --Pair Housing Law; create study committee -_.___ 625, 1689
HB 543 --Fiscal Affairs Subcommittee; Senate and House of
Representatives; create ...___..--____...__._...._._.____,,..___ 926, 1067
HR 239 --General Assembly Pages; create Committee to
study ____,,_______________________,,,,_... 785, 1688, 2599
HR 144 --Highway Study Committee; create ._..___.________.__ 410, 1688, 2605
HR 279 --Hospitalization insurance; create committee to
study -.______.
1079, 1689
SB 183 --House and Senate Fiscal Affairs Sub-Committee;
create ...._._..___..___....___...1209, 1315, 1363, 1688, 2196, 2388
HR 384 --House Workmen's Compensation Study Committee;
create ,,___,,__._______--____,,________....__,,..._...--_..._..-_-...-.-.....__.._ 2576
HR 304 --Invasions of privacy and industrial espionage;
create to study ,,_....__....._.___..__-___.__.__-_-___ 1279, 2077, 2608
HR 108 --Jekyll Island; create committee to study establishment
of historical drama _....__....--. .250, 1688, 2603
HR 314-719 --Judges retirement, pension and emeritus programs;
create study committee ________._.._--_.__._._.________1349, 1525, 1689
HR 53 --Juvenile Crime Study Committee; create ___...__________110, 1688
HR 155-328 --Mental health problems in Fulton County;
create to study .._....___....._..___.........___.__.470, 551, 1688, 2220
HR 342 --Motor Fuel Tax Law; create committee to study .____1549
HR 107 --Motor Vehicle Inspection Study Committee; create-249, 1689
2992
INDEX
HR 343 --Public School Personnel Retirement Study Committee; create ----------------------.------------------.1550, 1688, 2610
HR 398 --Public utilities; uniform tax assessment; create committee to study ...........................................2587
HR 303 --Rivers and lakes; create committee to study public facilities ---------- --.------__----.1278, 1688, 2607
HR 344 --Sales tax; create committee to study ___._ . ... ....----...1551 HR 306 --School lunch room personnel; create to study
salaries ------------------------------.---------1281, 1689 HR 145 --State Claims Study Committee; create ___----411, 1688, 2600 HR 143 --State Highway Grants Study Committee;
create _----.---------------------------- ........... 409, 1688, 2604 HR 396 --State Institutions and Property; create to study
facilities and administration _--------__------ -- 2585 SR 65 --State Liaison Office in Washington D. C., create
committee to study feasibility . 1851, 1896, 1968, 1997, 2568 HR 330-767 --State-Local Government Revenue Study
Committee; create --------------------1521, 1665, 1688, 2217 HR 331-767 --State-Local Government Study Committee;
create ---.----..-..------------------1521, 1665, 1688, 2218 HR 106 --State Minimum Wage Law Study Committee;
create _----_-._.__----._--_------------_------___249, 1689, 2602 HR 310-709 --State officials of Executive Branch; create committee
to study compensation ....................... 1347, 1524, 1688, 2219 HR 302-699 --Statewide plumbing and electrical code; create
to study feasibility ------------.____-------- 1345, 1522 HR 207-437 --Strip Mining Operation; create committee to
study _--------__.-----------------------------.728, 831, 1689 HR 315-719 --Superior Court System; create committee to
study matters relative to ---------- _.._--..--__--1349, 1525 HR 307 --Teachers Merit Pay Scale Study Committee;
create---------_---.---------------_-------------------1282, 1689 HR 301-679 --Traffic Safety Study Committee; create --1345, 1522, 1992,
2052 HR 374 --Teachers tenure; create to study -- --..-------- --__--1895 HR 105 --Teacher Tenure Law Study Committee; create ----..248, 1688 HR 118-218 --Un-American Activities Committee; create ----.----..318, 352 HR 238 --Uniform transcripts for high school student
records; create to study .--------------------.784, 1688, 2597 HR 305 --University System of Georgia; college educational
facilities; create to study _--------___------_--1280, 1689
COMMITTEE REPORTS (INTERIM) (See Named Committee)
Alcoholism Study Commission .------......,,_,,_--------------._----------.------ 2629 Auto Theft Study Committee _-___------_----------------------------.--2651 Business Tax Structure ------.. _--------------------------------- 2627 Capital Punishment Committee _----------------___.------------. --.2669 Day Nursing Program ------.__,,----------------_------.----------------.2707
INDEX
2993
Economic and Industrial Development ----------__--__.__----_----_----2772 Election Laws Study ------.--.----------.---------- _--------.-----..-......2724 Farm Land, State Owned _-----__------_-..-----_--.--------___------..----.2760 Industrial Development Senate Committee ___.,,,,_,,--__------------------ 2769 Industrial Safety Committee ------------______._----------------------.2778 Legislative Compensation Study Committee ------.,,_-__._..,,--------.,,_-- 2692 Local Government and Revenue Study --.----------_---------------------- 2783 Marriage Laws Study Committee __.....--------_...------_,,_------------,,...----2793 Motor Pool, Inter-Agency; Committee __--_------------------------------.2808 Nursing Homes _--------------._----.....--------_._-------------------__----2811 Parks Property, State; North Georgia Area ----------------------___... .2837 Parks Property, State South Georgia Area --_------_------------_.__.----2839 Penal Study Committee --._-.-_...--------....--.----.-------------------- 2842 Plumbing- and Electrical Code Study .----.------------_-----------------.2848 Ports, State; Inspection ----..------.--------------._..------------------------2859 Retirement Systems __--,,--_------,,----------------------------_------.----.2864 Scholarship Study Committee ___.--_--------..----_....----..------_----------2867 Schools, Costs Incurred State and Local Governments --------.------.2880, 2897 School Districts and Organization ..------_..------...----_------.--------. 2899 Schools; Twelve Month Year _.....----,,----------------------....--------------2902 Tax Equalization Committee ..----.....------_...------------------__------2928 Taxation of Rural Lands ----.......------------.--------_--------...__.. ------ .._ 2924 Tobacco Study Committee ..--..----------_--------------.--_...._._..----------.2940 Tobacco Warehouse Charges ----------_....._------_.------------------. 2943 Traffic Safety Committee --.--__..--..--------.------.--------..--------.. 2947
COMMERCE, DEPARTMENT OF SB 210 --Publicizing of the State of Georgia ----1970, 1989, 2073, 2215
COMMERCIAL CODE, UNIFORM HB 38 --Negotiable instruments; repeal certain laws . 73, 96, 177, 221
COMMERCIAL FEEDING STUFFS
HB 193
--Concentrated; inspection fee ----.295, 321, 482, 780, 939, 1602, 2083
COMMISSION ON STATUS OF WOMEN HB 154 --Create _.--------------___.--.....----254, 302, 668, 906, 2262
COMPENSATION STUDY COMMITTEE HR 54 --Create--....---.---.-..--...-..----.--_------------------.103
2994
INDEX
COMPENSATION (Resolutions Authorizing) See named persons
HR 93-165 --Acres, Den M. Jr: . . . . 257, 304, 1262, 1460, 1980
HR 93-165 --Acres, Den M. Jr. __.,,._ 257, 304, 1262, 1460, 1980
HR 45-71 --Barfield, Grady _,,_..._____.__-.__.._________ 92, 120, 482, 640, 1979
HR 227-480 --Bell, William T. .._.___...-...____...._______.822, 932, 1261, 1457, 1982
HR 71-122 --Boswell, Mrs. Patricia N. ....... __..___..._.162, 186, 665, 787, 1979
HR 192-412 --Brock, William Myers ._............,... 660, 741, 1262, 1461, 1981
HR 181-385 --Brown, Johnny A. ._____._______.__,,.__.____... 574, 664, 1075, 1216, 1981
HR 229-494 --Bunch, Joe B. ____._____._. 824, 934, 1261, 1458, 1982
HR 63-110 --Burch, Mrs. Ola
__ __
159, 184, 665, 787, 1979
HR 48-72 --Caldwell, Lt. T. E. __._____,,_._. 92, 121, 483, 641, 1979
HR 228-489 --Everett, James R. and 3M Company ________.-___.__..____-.. 823, 933
HR 51-88 --Fambrough, Jack W. -___-_....__________..-_.115, 128, 483, 641, 1979
HR 27-44 --Fannin County Agricultural Association __._..__75, 97, 482, 639,
1978
HR 41-55 --Flowers, L. H. .___.__..._.....-._.__..____.........__.80, 101, 482, 640, 1979
HR 92-165 --Ford, Dennis H. _____..__._..._____.._..____...257, 304
HR 95-165 --Gaddis, M. J. ___.__..___.________.._........._._..... 257, 304, 665, 788, 1980
HR 231-494 --Garrett, Easter Faye ____......_____..... 825, 934, 1262, 1461, 1982
___ HR 79-132 --Garrison, W. B. ________...___. 179, 261, 665, 788, 1980
HR 260-557 ---Glore, Clyde ......._......_..-....______....929, 1070, 1261, 1458, 1982
HR 208-438 --Green, Carl _________________________________ 728, 831, 1075, 1216, 1981
HR 258-557 --Grinsted, Walker _________..._.._._______._.___ 928, 1970
HR 245-523 --Hamby, Howard Herbert, Sr. ... .
921, 1063
HR 84-135 --Harris, Walker C. __.._..__.___......____.._..___.______-___.._______._. 180, 262
HR 162-358 --Hendrix, Glenn -..-___.___........ 540, 577, 1214, 1980
HR 47-72 --Herndon, T. R.
_____
92, 121, 483, 640, 1979
HR 212-444 --Horen, Mrs. Jacquelyn S. _________730, 833, 1075, 1217, 1982
HR 254-539 --Horton, William Frank _ ___ _ __ . _ 925, 1067
HR 259-557 --Hyde, A. L. and Harold _....__....... 929, 1070, 1261, 1459, 1982
HR 96-165 --Jarvis, J. A. _______________.___.___..__________..__.257, 304, 665, 789, 2263
HR 189-407 --Kea, Deputy Sheriff Dessie _-______- 659, 740, 1460, 1981
HR 251-534 --Keith, J. W. _.._...__..____.__..____.__.____.___924, 1066, 1261, 1459, 1982
HR 126-239 ---Kenney, F. M.
...........
346, 429
HR 12-13 --Knight, Mrs. Marjorie K. _......._..__.._.52, 82, 665, 786, 1978
HR 323-733 --Kurtz, Wilbur G. _..__.__.___.__..1517, 1662, 1863, 2050
HR 55-89 --Lee, J. Frank _..._._.........______.._._._________.115, 129, 483, 641, 1979
HR 169-381 --Marchialette, Warren ...___..____..____546, 582, 1075, 1214, 1980
HR 94-165 --Martin, Mrs. Helen ...____-_.-.._._.___....257, 304, 1075, 1210, 1980
HR 11-13 --McGraw, Gordon J., Jr. ._...__.______..____ 51, 82, 482, 639, 1978
HR 125-239 --Millings, R. J. _______..._.__._ 346, 429, 1075, 1210, 1980
HR 257-556 --Nardi, Lombard A. ...................... 928, 1070
HR 64-110 --Paradise, W. H. _..___......_.__...._.___.__.._.159, 184, 665, 787, 1979
HR 13-13 --Parker-White Motors --_- _____-52, 82, 1075, 1213, 1978
HR 226-480 --Porter, John B. ._.._..._..____......___.....__.__.........___._.._.._.....822, 931
HR 23-44 --Ramey, Clayton ____..._____.....__...74, 97, 1261, 1457, 1978
HR 214-454 --Rhoden, L. L. Jr. ___....________732, 834, 1075, 1212, 2264
HR 178-385 --Rippetow, Mrs. Frank R. .........._...--........______...._........ 574, 664
INDEX
2995
HR 72-122 --Roberts, Mrs. Florence E. ,,...___.____. 162, 186, 665, 788, 1979
HR 184-389 --Rocker, Bobby Gene --... ....-.-_.. 655, 737, 1075, 1212, 1981
HR 252-534 --Sailors, Daniel L. __..__-_._.. 924, 1066, 1261, 1459, 1982
HR 151-313 --Sapp, T. H. ._...___...__..-_...........--___._._..-_._-___....--____.._..466, 548
HR 25-44 --Senior, Earl O. --._..-_....--..-__.__._-...___..._.____.........___..._.._.75, 97
HR 10-13 --Smith, Ed Lonzo ._.__.-___.--....--_. 51, 82, 1075, 1213, 2271, 2307
HR 175-385 --Smith, Samuel R. ._.._._._ 574, 664, 1075, 1211, 1981
HR 86-128 --Tanner, Banjamin Clinton ...... 181, 263, 1075, 1213, 1980
HR 253-534 --Thompson, Mrs. Cleo .....__.._,,____._.___...-__.___......._-.._. ..924, 1066
HR 171-383 --Travis, Rev. James L. ..
. 547, 582, 1075, 1215, 2264
HR 249-529 --Vaughter, Alan .........__.__..............923, 1065, 1262, 1462, 1982
HR 173-385 --Wainwright, Arthur W. ,,..._._
573, 663
HR 230-494 --Walraven, William _.
. . 824, 934, 1261, 1458, 1982
HR 174-385 --Ward, Mr. and Mrs. R. E. _ . 573, 663, 1075, 1211, 1981
HR 56-91 --Washington County Sweet Potato
Association .... _....__....._. __,,..__ 116, 129, 482, 642, 2271, 2309
HR 172-385 --Whiteaker, Doyle F. .._.___.._____....___.573, 663, 1075, 1215, 1981
HR 79-132 --Whittle, W. L. -_---_.. 179, 261, 665, 788, 1980
HR 170-381 --Wilkins, Marie, Morgan and Bertha ....546, 582, 1075, 1215,
1980
HR 193-412 --Willford, Perry L. .__..-.....___.....-._.,,....._......___..__.-.._._.__. 660, 741
HR 240-504 --Williams, J. Dewey ___-._--.__-_. 827, 936
HR 177-385 --Williams, Mr. and Mrs. S. C. _________ 574, 664, 1262, 1460, 1981
HR 168-381 --Wilson, Charles L.__--__-_-_._---546, 582, 1075, 1214, 1980
HR 176-385 --Wrinn, Raymond J. .... .
574, 664, 1075, 1216, 1981
HR 22-44 --Wynn, John L. .___._...._............___...._...______......._.___.___74, 97
HR 26-44 --York, Willard ... .... _.._... ....._.. 75, 97, 482, 642, 2263
COMPTROLLER GENERAL
SB 78
--Pre-need funeral service contracts; administration and enforcement ._._......_....1144, 1206, 1258,1369, 2159, 2388
COMPUTERS HR 75
--State Departments; create committee to study need ___..._..._..__........_._..-....._..-____._._._._...__.__..____...___136, 1689
CONCEALED WEAPONS
HB 229
--Unlawful; include razors, ice picks and similar devices having sharp points .--..__...--_.....344, 427, 584, 1039
CONDEMNATION PROCEEDINGS
HR 147-301 --Change in venue; amendment to the Constitution ....425, 479 HB 323 --Define "just and adequate compensation" ___._...469, 550, 748,
877, 2434, 2497
2996
HB 272
HB 273
HB 376 HB 143
SB 76 HB 270
INDEX
--More efficient method of service upon non
residents _-._....,,______................___..__..,.419, 475, 1263, 1641, 2615
--More efficient method of service upon non
residents -__.._---___-_._-_._-.-__-..419, 475, 1263, 1643, 2273, 2462
--Notices to known non-resident property owners ._____.. 545, 581
--Property for State-aid roads; borrow pits; drainage
ditches ________,,._________.___.
182, 264, 666
--Service upon non-resident _.__.....__.1270, 1313, 1362, 1991, 2383
--Service upon non-residents ________---_-____-____418, 474, 1263, 1639
CONDITIONAL SALES CONTRACT HB 353 --Personal property; provide for confirmation .___--__.539, 576
CONGRESS: MEMORALIZE
HR 61-110 --Constitutional Convention to propose amendment to United States Constitution; urged to call relative to Federal Income Taxes ___.___.--._.__--.__.._____-_.._.____.159, 183
SR 13 --Federal income tax; request authorization for State to retain 10% _____..._... ...... _______...____ 101, 104
CONGRESSIONAL DELEGATION FROM GEORGIA
HR 313
HR 340 HR 375
HR 237
--Federalization of unemployment insurance and employment security programs; urged to oppose -.---1310
--Junior R. 0. T. C. program; urged to support __________1546 --Reverend David Fite; urged to secure release from
Cuban prison _..._._..._..__..._...._.___._...___......_...__..____..2097 --Taft-Hartley Act; urged to oppose all efforts to repeal ____783
CONSTITUTIONAL AMENDMENTS (See Amendments to Constitution)
SR 9 --Ad valorem tax; certain exemptions --._...._.482, 492, 555 HR 98-165 --Adairsville Development Authority; create .__._..257, 304, 483,
597, 1973 HR 282-607 --Administration of Federal funds by State departments,
agencies and boards __._.-1125, 1250, 1263, 1478, 2272, 2328 HR 39-55 --Air and Water Pollution facilities;
exempt _______.____.__._______._..___.___._...79, 101, 486, 677, 695, 2624 HR 290-679 --Appling County Industrial Development
Authority; create .._.._.......-.........1240, 1356, 1533, 1564, 1978 HR 34-48 --Area school districts; establish ............77, 99, 242, 273, 1142,
1615, 1972 SR 38 --Area school systems and area schools;
establish ................1863, 1987, 1995, 2072, 2424, 2472, 2538
INDEX
2997
HR 272-578 --Barrow County-City of Winder; merge school systems ______..-___...____~-____--_.1060, 1137, 1139, 1441, 2480
HR 218-461 --Bibb County; group life insurance; levy tax ____._._._..___.._.____._.._____...___.__...._....___734, 836, 940, 979, 1976
HR 217-461 --Bibb County; recreation systems; levy tax _____._..._.___._______._____..__....___............-__734, 836, 940, 979, 1976
HR 216-461 --Bibb County; retirement system; levy tax _._._.__.._...---_--..--_..--733, 836, 939, 970, 1976
HR 319-719 --Bleckley- Cochran Industrial Development Authority; create-- . .. . .. 1350,1526,1533,1726,2420,2467
HR 213-444 --Bond elections; freeholders only may vote .______--._._.730, 833 HR 97-165 --Brooks County Development Authority;
create __-..._._..______-_.____....._.--_...___.257, 304, 483, 594, 1973 HR 201-431 --Brunswick and Glynn County Development authority;
additional definitions -.-_.___...______..726, 830, 1139, 1159, 1975 HR 243-517 --Brunswick, City of; ad valorem tax on certain
property in Downtown Brunswick ....___._____. 920, 1062, 1265, 1393, 1977, 1984, 2420, 2520
HR 89-165 --Camden County Development Authority; create __..._.-_,,.-.......-.__..._____.256, 303, 354, 388, 1973
HR 88-165 --Camden County; stabilized property tax program .--...-_--_.._-___.....--_-_.___--_-..... 256, 303, 354, 385
HR 161-356 --Catoosa County Board of Tax Administrators; remove authority _...-.....__.....-_.540, 577, 1264, 1389, 2621
HR 321-724 --Catoosa County Development Authority; create ________..___ 1515, 1660, 1686, 1879, 2259
HR 90-165 --Charlton County; stabilized property tax program ______ _____________,,___._ 256, 303, 354, 394
HR 224-474 --Chatham County; increase homestead exemption ._ 820, 930 HR 225-480 --Chatham County; tax equalization ________ 821, 931, 940, 1162 HR 250-529 --Chattahoochee County; business license fees and
taxes ..._-......__..-....__..-__....___......._....923, 1065, 1139, 1184, 1978 HR 140-291 --Chattooga County Board of Education;
elections ________________.422, 478, 483, 621
HR 114-196 --Chattooga County Development Authority; create ___________________________.___.297, 322, 435, 609, 1973
SR 39
--Cherokee County Board of Education; filling of vacancies _____-___._________._________1970, 1987, 2072, 2076, 2230
HR 291-679 --Cherokee County Development Authority; create _____._.___________.____________1241, 1356, 1367, 1571, 2623
HR 255-539 --Clarke County Board of Education; increase membership ._.__._._...._.._..._.__..925, 1067, 1139, 1188, 1978
HR 232-494 --Clarke County-City of Athens; create Charter Commission to study consolidation ,,____. 825, 934, 1075, 1166, 1977
HR 21-44 --Classification of certain personal property held as inventory __.._ --__..___-_,,____,,_______.__.____.________...74, 97, 177
HR 284-624 --Clayton County; property tax levy to assist in promoting industry __....._._._._____._1127, 1252, 1265, 1453, 2622
2998
INDEX
HR 73-122 --Cobb County; county manager form of
government ._--._..-_____--__-___-__. 162, 186, 265, 265, 1972
HR 264-571 --Cobb County; electors' qualifications ........1057, 1135, 1139
1432
HR 117-206 --Cobb County; establish Zoning and Planning
Commission ________________ _______________ 299, 323, 354, 405, 1973
HR 327-762 --Cobb County; general obligation bonds to improve
sidewalks _..-__. 1520, 1664, 1686, 1888, 2260
SR 47 --Cobb County Board of Education; members'
salary _-
__ _ 1970, 1988, 2072, 2215, 2249, 2517
HR 188-405 --Columbia County; construction rights _________ 658, 739, 749,
842, 1974
HR 164-364 --Columbus and Muscogee County Building Commission; create ________-_..__ 542, 579, 667, 767, 1972, 2035
HR 147-301 --Condemnation proceedings; change in venue __________ 425, 479 HR 266-571 --Cordele, City of; revenue bonds for street
improvements __.___________.,,_._______ 1058, 1135, 1139, 1435, 2622 HR 298-698 --County government powers __.,,__ 1245, 1360, 1367, 1772, 2267,
2321 HR 317-719 --County governments; powers .._...__....____.,,.____..___-- 1349,1526 HR 46-72 --Covington, City of; gas or electric generating
systems; revenue anticipation obligations ____________ 92, 121 HR 274-596 --Coweta County Development Authority;
create _______________ 1123, 1248, 1264, 1425, 2420, 2527, 2539, 2547, 2626
HR 271-571 --Crawford County; Clerk of Superior Court and Ordinary; consolidate offices _______ 1058, 1136, 1139, 1438, 1978
HR 182-385 --Crime prevention; indemnification of private citizen for personal injury ___________________________________--.574, 664
HR 204-435 --Dade County; exempt ad valorem tax on certain property ________________________________________________ 727, 831, 939
HR 324-733 --Daughters of the American Revolution; United Daughters of the Confedercay; donation of real estate--________._____.._--_-_--_-.__-,,__-__-__. _-____.---_-_-_1517, 1662
HR 159-347 --DeKalb County; levy fee upon certain types of construction ____________________________________________ __--.._ _--.___ 538, 575
HR 293-679 --DeKalb County; reimburse municipalities for maintaining police forces _______________ 1241, 1357, 1367, 1576
HR 209-438 --DeKalb County; shelter for animal abandoned or lost ____________________________-__._..___________._____________728, 832, 939, 964
HR 200-423 --DeKalb County Board of Commissioners to provide systems of garbage disposal ____.,,_ 663, 743, 748, 862, 1972, 2065
SR 27 --Department of Industry and Trade; tourist promotion ___.______.,,_,,_-___.,, ____________1680, 1695, 1849, 1997, 2368
HR 85-135 --Douglas-Douglas County Industrial Development Authority; create __________________ _.______180, 262, 354, 381, 1973
HR 269-571 --Education tax; maximum levied by counties ______ 1058, 1136
INDEX
2999
HR 35-48 --Education tax; remove or increase under
certain conditions ____----__..._.._--______..__.----._____________77, 99
HR 288-658 --Elbert, City of; establish and maintain
recreation programs _______________ 1237, 1353, 1367, 1554, 2622
HR 42-55 --Elbert County Development Authority;
create.--__.----_._.._.__...----_-...--88, 118, 189, 199, 1971, 2066
HR 32-48 --Elections; residence requirements ________ ,.___.___77, 99, 436, 530
SR 15 --Farm and forest lands; uniform tax
assessment ..________..__._._.... 417, 437, 480, 486, 914, 1269, 2027
HR 138-291 --Farming and agricultural implements;
exempt ad valorem tax.__._------____.._._----_____.--422, 477
HR 246-528 --Floyd County; establish sewerage and
fire protection districts _.____.__.._.. 922, 1064, 1139, 1178, 1977
HR 247-529 --Floyd County; street improvements in unincorporated
areas; assessment ........--__. 923, 1064, 1139, 1181, 1977
HR 91-165 --Folkston, City of; stablized property
tax program _.._..__------_-_...._..__..._._._.___.257, 304, 354, 396
HR 59-97 --Fulton County; Board of Commissioners; sanitary
landfills within unincorporated
areas _._...___.... ... ....... 117, 131, 189, 215, 652
HR 58-97 --Fulton County; business in unincorporated areas;
regulated by Board of Commissioners .____.__. 117, 130, 189,
212, 652
HR 286-650 --Fulton County; property repairs; expenditures
established as liens ._.._..___......----._..._____-..--. 1131, 1256, 1996
HR 60-99 --Fulton County; recreational activities; Board of Com
missioners authorized to conduct .... 118, 131, 189, 218, 653
HR 294-679 --General Assembly; a bill raising revenue or appropriating
money shall be passed in the calendar year in which
it is introduced ............. _.
_______ 1241, 1357
HR 318-719 --General Assembly; apportionment ....___._.................. 1349, 1526
SR 81 --General Assembly; four year terms for
members ...__.__.__ ....
__,,.___..___ 1970, 1989, 2073
HR 139-291 --Glynn County-City of Brunswick; create Charter Commission to study consolidation 422, 478, 483, 615, 1974
HR 154-321 --Gordon County Development Authority; create ........----.....------......_.....___ 468, 550, 667, 760, 1974
HR 165-371 --Governor; election returns ..___............__.._.........._........_._.. 543, 580
SR 14 --Governor-elect; succession ..._._._.......,,........._.... 1986, 1993, 2075
HR 24-44 --Gracewood State School and Hospital; medical loans and scholarships, repayment .....__----. 74, 97, 482, 710, 2623
HR 320-721 --Gwinnett County; county manager form of government _____ .... ...._.__... .._ 1350, 1526, 1533, 1732, 2623
HR 242-504 --Gwinnett County; establishment fire protection and sewerage districts .. _. ___________ 827, 936, 940, 1174, 1977
HR 345-770 --Gwinnett County; Superior Court Clerk; power to issue criminal warrants _______ 1656, 1843, 1865, 2009, 2420, 2464
HR 80-132 --Habersham County Board of Education; building funds _.___........--.................. 179, 261, 308, 379, 2621
3000
INDEX
HR 205-435 --Hall County Board of Education; appointment of
School Superintendent----___727, 831, 939, 961, 1975, 1983,
1984, 2064
HR 195-421 --Hancock County Development Authority;
create--.-----.-----------------662, 743, 748, 855, 1975
HR 265-571 --Heard County Development Authority;
create..---.--------------_--.1058, 1135, 1264, 1407, 2622
HR 221-467 --Henry County Board of Education; appointment of
School Superintendent _____ _______________735, 837, 940, 986, 1976
HR 223-467 --Henry County Board of Education;
members' terms ___._.----_____.----____.._ 736, 837, 940, 989, 1977
HR 222-467 --Henry County Development Authority;
create .____.____ ___________________________ 735, 837, 940, 1013, 1976
HR 299-698 --Home rule for counties; cumulative
powers ... ----..---..-----.- 1245, 1360, 1367, 1774, 2623
HR 268-571 --Homestead exemption; change amount ______.._..____ 1058, 1136
HR 328-762 --House of Representatives; Speaker shall be elected
by secret ballot _ ...............__....----.... ---- ...... ___ ______1520, 1664
SR 79 --Jasper, City of; Industrial Development Authority;
create ............_.......--. ... -- ...1971, 1988, 2073, 2077, 2243
HR 215-454 --Laurens County-City of Dublin; merge school
systems .--....._..._.......----._........___.__. _. 732, 835, 939, 967, 1975
SR 67 --Lumpkin County Board of Education; appointment of
Superintendent----_----.......... 1970, 1988, 2072, 2077, 2241
HR 220-467 --Marietta, City of; additional indebtedness for
school purposes
..._._.__.____735, 837, 940, 983, 1976
HR 263-571 --Monroe County Development Authority;
create _______________________________ 1057, 1135, 1264, 1401, 2621
HR 186-299 --Montgomery County Development Authority;
create .._______..----____........___________,,..._______ 657, 738, 940, 999, 1974
HR 76-124 --Morgan County Board of Education; add
two members ________________ ........ __..__ 163, 186, 265, 268, 1973
HR 289-658 --Murray County Industrial Development Authority;
create _____ ........ ___....___________ 1237, 1353, 1533, 1557, 2622
HR 191-407 --Muscogee County-City of Columbus; combine
Board of Commissioners _______ .._ __ 659, 740, 748, 849, 1975
HR 163-364 --Muscogee County-City of Columbus; consolidate
Tax Assessors ........ _..._.....----. . 542, 578, 667, 763, 1974
HR 190-407 --Muscogee County; combine administrative functions;
county and municipal governments .----__--.----...... 659, 740,
748, 845, 1975
HR 325-754 --Nursing scholarships; under-graduate training in
mental health field _________ ____________________ 1352, 1529, 1996
HR 52-88 --Oglethorpe County Board of Education; election
of members ..._....._.__......... ______________ 115, 128, 189, 209, 1972
SR 25 --Outdoor advertising and junk yards;
removal ... _____________________________ 1365, 1537, 1666, 1991, 2360
HR 44-71 --Parole procedure of certain prisoners sentenced to
life imprisonment or death __________________________ 91, 120, 156
HR 295-682 --Pike County Board of Education; appointment of
School Superintendent..._________ 1242, 1357, 1367, 1579, 2420
INDEX
3001
HR 40-55 --Planning and Zoning Ordinances;
enact _..._.._____._____._ ____________________ _._.__.79, 101, 356, 511, 570, 672
SR 66 --Polk County School District;
create.--.-...-.----------- 1971, 1988, 2072, 2077, 2233
HR 20-44 --Public corporations created with power to issue revenue
obligations to promote industrial facilities.-------- 74, 97,
265, 362, 2619
SR 11 --Public transportation; taxation _417, 437, 480, 485, 2198, 2518
HR 316-719 --Pulaski County-Hawkinsville Development
Authority; create .---- _.1349, 1526, 1533, 1720, 2623
HR 137-255 --Rapid transit; State grant funds ._.------------------.350, 432
HR 241-504 --Rockdale County; debt limitation 827, 936, 1075, 1172, 1977
HR 270-571 --Sales tax for educational purposes _.----------.-- 1058, 1136
HR 33-48 --School districts; additional debts and
temporary loans .------.----------------.77, 99, 242, 272
HR 69-113 --Slum clearance; allow in counties and municipalities
under certain conditions; establish expenditures
as liens .
. ___________ __________...----.-.160, 184
HR 28-44 --Solicitors-General; election ________.._____.___. 75, 97, 355, 446, 2620
HR 273-596 --Statesboro and Bulloch County Development Authority;
create ------ _,,_.________ 1123, 1247, 1264, 1413, 1971, 2103
HR 122-236 --State Board of Education; add five members... 345, 428, 666
SR 29 --State Board of Education, election of members;
appointment of State Superintendent of
Schools ------_----_.---------------- 1684, 1695, 1850, 2076
SR 8 --State Constitution; method of amending ______ 1365, 1537, 1665
HR 292-679 --State-owned islands; exempt ad valorem tax----.1241, 1356
SR 74 --State Scholarship Commission; appropriation of funds
from Federal Government ___ 1971, 1988, 2073, 2076, 2375
HR 29-44 --Superior Court Judges; election ..... 75, 98, 355, 449, 2620
HR 77-124 --Superior Court Judges; Solicitors-General;
election --..._..-.-.- _ ________..__..__ 163,186,356,486
HR 141-291 --Supreme Court Justices; Judges, Court of Appeals;
qualifications _________________ ----_.__. _____________ _._ 423, 478, 840
HR 43-71 --Tattnall County Board of Education; election
of members __ ....... ______ 91,120,189,206,1972
HR 346-770 --Taxation for school lunch
purposes ......... .. .__..___ 1656, 1843, 1864, 2038, 2061
HR 300-699 --Teachers; grants-in-aid and scholarships --..__... 1345, 1522
HR 152-313 --Toombs County Development Authority;
create .._.._ .. .. .....__... 467,548,667,753,1974
HR 206-435 --Treutlen County Development Authority;
create ..... . ..._..---- ... .... . .____. 727, 831, 940, 1007, 1975
HR 281-602 --Vidalia Development Authority; extend activities into
Montgomery County _._.._. _ 1124, 1249, 1265, 1447, 2622
HR 166-371 --Voting; residence requirements _ ........ 544,580,748,1220,
1277, 1646, 1696, 2057, 2621
HR 326-762 --Ware County Board of Education; appointment of
School Superintendent _......_ 1520, 1664, 1686, 1885, 2260
HR 194-418 --Wayne County; tax levy for industrial
development .... ..___._._______._______. ... 742, 749, 852, 1975
3002
INDEX
HR 185-399 --Wheeler County Development Authority; create ______________ _______.____._....__ 657, 738, 940, 992, 1974
HR 283-624 --Whitfield County; license and regulate hauling, dumping and burning materials ___ _____.__..1127, 1252, 1265, 1450, 2622
HR 322-725 --Wife's property not liable for debts of husband __________.___ _ _ .._..__.___......___1515, 1660, 1685
HR 113-196 --Woodbine Development Authority; create _____________ ______ ..___________. _____ 296, 321, 435, 603, 1973
HR 115-201 --Worth County Development Authority; create _--._______--._____--._--__-___..-_____. 298, 322, 354, 399, 1973
CONSTITUTION, STATE
SR 8 --Method of amending; amendment to the Constitution __--________._._________.______._.._____.__ _..__1365, 1537, 1665
CONSTITUTION OF THE UNITED STATES
HR 57-97 --President and Vice-President; succession; ratify
proposed amendment
. . ______ _____117, 130, 242, 369
CONSTITUTIONAL CONVENTION
HR 61-110 --Congress urged to call to propose amendment to United States Constitution relative to Federal Income taxes ..______.._..._--_ ___________.._____...__._ 159, 183
CONSTRUCTION
SB 134 HB 27 HB 701 SB 53
--Additional time if completion date falls on public or legal holiday __.-______ _________ __..__... ....... 1683, 1693, 1847
--Laborer's and materialmen's liens enforced within 12 months after delivery __._._.._..__.______ 71, 94, 840
--Safeguards for workmen; change coverage to apply to all counties _ ....... ___________________________________________ 1345, 1522
--Statute of limitations; deficiency of construction or injury to property _______________ 1071, 1206, 1258, 1991
CONTAINER GROWN PRODUCTS
SB 212 HB 674
--Define _________________ .... 1986, 1994, 2075, 2214, 2503 --Define .............. _.___.. ..-.-_.. .______......_._ 1239, 1355, 1530
CONTRACTORS
SB 134
--Additional construction time if completion date falls on public or legal holiday _______________ _.__.___ 1683, 1693, 1847
HB 701 HB 391
INDEX
3003
--Safeguards for workmen; change coverage to apply to all counties ______ _..___. _____________________ 1345, 1522
--State Buildings; certain specifications adhered to in order to make accessible to physically handicapped _________655, 737
CONTRACTS SB 14
HB 353 HB 727
--Any person 18 or older who is married may bind himself by contract __ _ __ 357, 413, 433, 1367, 2178, 2270
--Personal property; provide for confirmation ___________ 539, 576 --Supervisor of Purchases; must be typewritten with
no erasures _____________ ____________________ __^______.____.___-___1516, 1661
CONVENTION
HR 61-110 --Constitutional; Congress urged to call to propose amendment to United States Constitution relative to Federal Income Taxes _____..___,,________.____ 159, 183
COOK COUNTY HB 191 --Sheriff's salary
__
295, 320, 353, 377, 1668
COOK, HON. EUGENE --Opinion Prom _____---___--_____________..-_____________________________107
COOKE, REV. A. J. --Prayer offered by ______________________________________________._________________650
COON DOG, CLEO HR 296 --Immortalize _____________.___.___________________________________ _____ 1209
CORDELE, CITY OP HR 266-571 --Revenue bonds for street improvements; amendment to the Constitution _______ 1058, 1135, 1139, 1435, 2622
CORDELE JUDICIAL CIRCUIT HB 537 --Solicitor General's salary _____________ 925, 1066, 1263, 1497, 1855
3004
INDEX
CORDELE JUNIOR CHAMBER OF COMMERCE HR 400 --Commend . __,__--_______----------..._.-..-..-__....____.._._._----..2589
CORNELIA, CITY OF
HB 455
HB 456 HB 459
HB 457
--City Commission; election of members from Ward # 1 __---------------------- 732, 835, 940, 954, 2086
--City Manager's salary ----------------732, 835, 940, 954, 2086 --Mayo and members of Commission;
salaries ._...___..._.........----------733, 835, 941, 956, 2087 --Water and Sewer systems; eminent
domain ------,,__ . .--------733, 835, 940, 956, 2087
CORPORATIONS
HB 42
HB 337 HB 486 HB 322 HB 231 HB 480 HB 682 HB 101 HB 715 HB 237 HB 104 HB 102 HB 103 HB 354
--Application for charter; change time when advertisements shall appear after filing _------____------------------------73, 96, 137, 173, 2613
--Banks; taxation of shares, fix market value ----._----------------------472, 553, 838, 1507, 2091
--Bonds may be signed with facsimile signatures of authorized officers --------------------------- --823, 932
--Central Depository System; delivery, transfer of investment securities -------- 468, 550, 839, 1024, 2616
--License fees and taxes; counties to assess and collect in unincorporated areas ---- 344, 427, 584, 1599, 1696
--Non-residents; court's jurisdiction ----821, 931, 1367, 1612, 2617
--Non-residents court's jurisdiction ................___....1242, 1357 --Relating to classes of stock and stockholders ----.125, 164, 841 --Sales tax on sale or transfer of property between
subsidiary and parent corporation --------------1348, 1525 --Statewide Business Development Corporation;
create ________________________--------_...--------------------346, 428 --Stock shares not convertible to another class;
option purchases --------------------126, 165, 177, 360, 438 --Stock shares, not convertible to superior class
preference ........__....._----------............._...._----125, 164, 841 --Stock shares; rights or options of purchase ----.126, 164, 841 --Transfer of stock; provide tax and additional
emergency tax _______..._--..__.___----.._.......__.____-539, 576, 1867
CORRECTIONS, STATE BOARD OF
HB 566 HB 691
--Director's salary --------------------1056, 1134, 1262, 1810, 2261 --General Appropriations Act; supplement .----1133, 1261, 1261,
1606, 2261
INDEX
3005
COSMETOLOGY
SB 46
--Georgia State Board; include persons who perform services on hair of diseased persons and wigs ___._._______._______938, 1205, 1257, 1366, 2130, 2208
COUNTIES
HB 147 --Bond issue elections; legal advertisement -.253, 301, 311, 1267 HB 371 --Bonds issued in accordance with State
Constitution ______--_.-___-__-___..__.__._---_543, 580, 668 HB 231 --Business license fees and taxes; assessment and
collection in unincorporated areas --...-344, 427, 584, 1599, 1696
HR 298-698 --County government powers; amendment to the Constitution _____.__,,_______ 1245, 1360, 1367, 1772, 2267, 2321
HR 317-719 --County governments; powers; amendment to the Constitution __.___________-.________.__....___________.__1349, 1526
HB 77 --Grants for construction and maintenance of public roads; annual audit ........113, 127, 241, 457, 2264, 2319
HR 299-698 --Home rule; cumulative powers; amendment to the Constitution ........ 1245, 1360, 1367, 1774, 2623
HB 622 --Inventory and sale of public property; disposition under certain conditions __.1127, 1252, 1554, 1865, 1867, 2255
HR 40-55 --Planning and Zoning ordinances; enact; amendment to the Constitution ...........____.____79, 101, 356, 511, 570, 672
HB 555 --Purchase of real estate; procedure ______.__-____928, 1069 HR 69-113 --Slum clearance, allow under certain conditions;
establish expenditures as liens; amendment to the Constitution ____________________________..............160, 184 HB 468 --Tax Digest; property valuation by State Revenue Commissioner ___________736, 838, 1142, 1325, 1852, 2119, 2208 HR 211 --Tax equalization decision; Attorney General and State Revenue Commissioner requested to obtain delay ______......____________________._._---_____..__694
COUNTIES AND COUNTY MATTERS (See named County)
HB 678 --Appling County; Board of Commissioners, election ________.__.__._-___________1240, 1356, 1368, 1590, 1866
HR 290-679 --Appling County Industrial Development Authority; create; amendment to the Constitution __.-1240, 1356,1533, 1564, 1978
HB 227 --Atkinson County; County Court, abolish _______________.__._______343, 426, 434, 488, 1853
SB 180 --Atkinson County; County Court, judge's qualification .______._____________1144, 1208, 1260, 1367, 1388
HB 228 --Atkinson County; Sheriff's salary ..._._._344, 426, 434, 488, 1150
3006
INDEX
HB 756 --Bacon County; Alma, City of; Joint Planning Commission ..______________..__.__.__._____. 1353, 1529, 1687, 1706, 2086
HB 755 --Bacon County; Board of Commissioners, Chairman's salary __.__.____.1353, 1529, 1687, 1706, 2091, 2263
HB 635 --Baker County; Board of Commissioners, members' salary .__._________..______.__._______________1061, 1138, 1266, 1276, 1673
HB 633 --Baker County; Sheriff's salary .__......_..1060, 1137, 1266, 1276, 2265, 2335, 2335
HR 367 --Baldwin County; conveyance of certain land ____-__._____1760 HR 157-338 --Baldwin County; conveyance of certain tract of
land within 320th Militia District ________472, 553, 942, 1081, 2092
HR 158-341 --Baldwin County; conveyance of certain tract of land within 320th Militia District _.____..__.__. 473, 554, 750, 889, 2092
SB 117 --Baldwin County; Sheriff's salary __._______._1680,1692,1847,1866, 2004
HB 658 --Banks County; materials purchased through Purchasing Agent _._______ 1237, 1353, 1865, 1872, 2255
HB 471 --Banks County, Ordinary's salary ______________________ 820, 930 HB 473 --Banks County; Sheriff's salary ....._.820, 930, 941, 1152, 1676 HB 474 --Banks County; Superior Court, Clerk's salary' ________ .820, 930 HB 578 --Barrow County; Board of Education; provide for
members ___________ _________._1060, 1137, 1140, 1274, 1987, 2101 HR 272-578 --Barrow County; merge school system with City
of Winder; amendment to the Constitution _______.__._________1060, 1137, 1139, 1441, 2480 HB 151 --Bartow County-Cartersville Joint Airport Authority; create _~_________________254, 301, 353, 372, 1148 HB 722 --Bartow County; Ordinary's salary _________________-_______.__._1515, 1660, 1686, 1878, 2256 HB 235 --Ben Hill County; Superior Court Clerk's salary ________________.__________.__,,.__.__ 345, 427, 435, 488, 1072 HR 148-301 --Bibb County; conveyance of certain State property __________-_____-_-.._____ 425, 480, 750, 1019, 1536 HB 460 --Bibb County; Employees' pension plan, age participation ________________________ 733, 835, 941, 957, 1675 HR 218-461 --Bibb County; group life insurance; levy tax; amendment to the Constitution ____.._____.__________734, 836, 940, 979, 1976 HR 217-461 --Bibb County; recreation systems; levy tax; amendment to the Constitution _______734, 836, 940, 975, 1976 HR 9-13 --Bibb County; release certain property belong to Ernest Genone, Jr. from all fi. fas..____.51, 82, 325, 358, 2261 HR 216-461 --Bibb County; retirement system; levy tax; amendment to the Constitution _____ 733, 836, 939, 970, 1976
HB 461 --Bibb County; Water and Sewerage Authority, create __________________________733, 836, 1075, 1151, 1675
HR 319-719 --Bleckley-Cochran Industrial Development Authority; create; amendment to the Constitution .-----1350, 1526, 1533, 1726, 2420, 2467
INDEX
3007
HB 444 --Brooks County; Sheriff's salary ....... 730, 833, 940, 952, 2086
HR 97-165 --Brooks County Development Authority;
create; amendment to the Constitution ....... 257, 304, 483,
594, 1973
HB 332 --Bryan County; Treasurer's
salary _.__----______-____----__------_._________471, 552, 558, 592, 1669
HR 273-596 --Bulloch County; Statesboro and Bulloch
County Development Authority; create;
amendment to the Constitution .____ 1123, 1247, 1264, 1413,
2103
SB 238 --Bulloch County; Superior Court Clerk's
salary _----___.__.__________._____.-___-_.1985, 1993, 2074, 2077, 2225
HB 9 --Burke County; Sheriff's salary _._.______.__.50, 81, 165, 167, 652
HB 427 --Burke County; Superior Court terms _..725, 829, 940, 950, 1672
HB 611 --Butts County; Board of Commissioners
salary
________.__...
1125, 1250, 1265, 1378, 1858
HB 612 --Butts County; Ordinary's allowance for clerical
assistance .____._____--___-.----___1126, 1250, 1265, 1378, 1858
HB 613 --Butts County; Sheriff's salary ______1126, 1251, 1265, 1378, 1858
HB 614 --Butts County; Tax Collector; allowance for
clerical assistance ....................1126, 1251, 1265, 1379, 1858
HB 634 --Calhoun County; Sheriff's salary ........1061, 1138, 1266, 1276,
1673
HR 88-165 --Camden County; stabilized property tax program;
amendment to the Constitution ------...--.256, 303, 354, 385
HR 89-165 --Camden County Development Authority; create;
amendment to the Constitution ....--.256, 303, 354, 388, 1973
HB 585
--Catoosa County; Board of Commissioners, clerical assistant's salary ___._._...___1121, 1246, 1265, 1371, 2088
HR 161-356 --Catoosa County; Board of Tax Administrators; remove authority; amendment to the Constitution --------____------______.540, 577, 1264, 1389, 2621
HB 305
--Catoosa County; Board of Utility Commission, vacancies ........_____--.__............._..__.__465, 547, 557, 588, 1073
HB 415
--Catoosa County; Sheriff's salary ........._____......__..._...__661, 741, 749, 946, 1681, 1903
HB 583 HB 584
--Catoosa County; Superior Court; Clerk and Ordinary; allowance for clerical help .--.--1121, 1245, 1265, 1370, 2088
--Catoosa County; Tax Commissioner, clerical assistance allowance _----_----.1121, 1246, 1265, 1370, 2088
HR 321-724 --Catoosa County Development Authority; create; amendment to the Constitution --.1515, 1660, 1686, 1879, 2259
HR 90-165 --Charlton County; stabilized property tax program; amendment to the Constitution ------...___256, 303, 354, 394
HB 542
--Chatham County; apportionment of membership in House of Representatives; method ..._..__.._...._.._......929, 1067, 1265, 1341, 1554, 1686
3008
INDEX
HB 618 --Chatham County; Board of Health, appointment
of members _.
. _ _ 1126, 1251, 1266, 1707, 2084
HB 190 --Chatham County; Clerk of Superior Court,
bond __.______-_-..-.-..-._..___.._.--...._....______..295, 320, 353, 377, 1674
HR 202-431 --Chatham County; easement of certain State-
owned property ___.__________.________,_.____726, 830, 842, 1087, 2621
HR 224-474 --Chatham County; homestead exemption; increase;
amendment to the Constitution ___--------,,__----_- 820, 930
SR 70 --Chatham County; local assurer agreement with
Georgia Ports Authority __.____1851, 1896, 1968, 2078, 2373,
2390, 2403, 2495, 2496
HB 189 --Chatham County; Sheriff's bond .,,__...... 295, 320, 353, 377, 1673
HR 225-480 --Chatham County; tax equalization; amendment to
the Constitution ,,..______._.._.....__.____.........__ 821, 931, 940, 1162
HB 194 --Chatham County; Taxes paid in two
installments ,,-..,,,,___ 296, 321, 354, 378, 1674
HB 240 --Chattahoochee County; business licenses -____,,--___347, 429
HB 384 --Chattahoochee County; business
licenses ....._.._______......,.....____-_-..._______.573, 663, 748, 751, 2084
HR 250-529 --Chattahoochee County; business license fees
and taxes; amendment to the
Constiution __.____,,_.____.,,_______ 923, 1065, 1139, 1184, 1978
HB 484 --Chattahoochee County; Sheriff's
salary __,,_______ 822, 932, 941, 1153, 2094, 2118
HB 483 --Chattahoochee County; Tax Commissioner's
salary ......_______._-..._-..._.-._......._..._.__.822, 932, 941, 1153, 1854
HB 684 --Chattahoochee Judicial Circuit;
supplement _____._..-...____.____.....1242, 1358, 1368, 1591, 2084
HB 278 --Chattooga County; City Court; repeal Act
establishing ,,__,,_,,_.________ 420, 476, 484, 561
SB 239 --Chattooga County; deputy sheriffs and jailers,
salary ._____.........____............_.___....1984, 1993, 2074, 2077, 2225
HB 276 --Chattooga County; Sheriff's salary _____ 419, 475, 484, 560, 1853
HB 277 --Chattooga County; Superior Court Clerk's
salary ...__..........__....._........____-...,,.420, 475, 484, 561, 1854
HB 275 --Chattooga County; Tax Receiver and Tax Collector;
consolidate offices ._._..._.______..._._..._._.____.-.419, 475, 484, 560
HR 140-291 --Chattooga County Board of Education; elections;
amendment to the Constitution _______....._.422, 478, 483, 621
HR 114-196 --Chattooga County Development Authority; create;
amendment to the Constitution ____.___297, 322, 435, 609, 1973
HB 510 --Cherokee County; Board of Commissioners;
salary ____._......_____...._...___.__....__-___918, 1061, 1139, 1192, 2087
HB 516 --Cherokee County; Certain officials'
salaries ____.__.____._____-__________~-__-919, 1062, 1139, 1194, 2087
HR 203-431 --Cherokee County; repeal two resolutions
regarding land _.__....___.______.....______..726, 830, 842, 1089, 2092
SR 39 --Cherokee County Board of Education; filling of
vacancies; amendment to the
Constitution ....___--.-____..---.1970, 1987, 2072, 2076, 2230
INDEX
3009
HR 291-679 --Cherokee County Development Authority; create;
amendment to the Constitution __._.__1241, 1356, 1367, 1571,
2623
HB 540 --Clarke County; Board of Education, increase
membership _..,,..___._.. 925, 1067, 1140, 1201, 1855, 1983, 2098
HR 232-494 --Clarke County; Charter Commission; create
to study consolidation with City of Athens;
amendment to the Constitution ...825, 934, 1075, 1166, 1977
HB 490 --Clarke County; Sheriff's salary ______.824, 933, 941, 1154, 1855
HB 491 --Clarke County; Tax millage for educational
purposes _......_......._......__......824, 933, 941, 1155, 1681, 1903
HB 493 --Clarke County; Treasurer's
salary
. . . ..
824, 934, 941, 1155, 1855
HB 385 --Clarke County; warm air heating contractors;
terms and provisions ___.______________.573, 663, 748, 751, 1854
HR 255-539 --Clarke County Board of Education; increase
membership; amendment to the
Constitution ________..________________925, 1067, 1139, 1188, 1978
HB 632 --Clay County; Sheriff's salary __.____1060, 1137, 1266, 1275, 1673
HB 535 --Clayton County; Board of Commissioners,
Bond requirement ,,....___._..._______ 924, 1066, 1140, 1201, 1677
HB 705 --Clayton County; Board of Commissioners; Vice-
Chairman's duties ...
1346, 1523, 1533, 1699, 2090
HB 536 --Clayton County; depositories for County
funds ___-_._.-__-____-___________._________924, 1066, 1140, 1201, 1678
HB 367 --Clayton County; Militia District No. 1189,
change name .,,,,__...-_,,....._____.___._543, 579, 667, 701, 1150
HR 284-624 --Clayton County; property tax levy to assist in
promoting industry; amendment to the
Constitution .._.___._...__.......1127, 1252, 1265, 1453, 2622
HB 279 --Clayton County; Purchasing Agent, full-time
employee ~-._..--_--.--.--.__.-...-- 420, 476, 484, 561, 1146
HB 707 --Clayton County; Water Authority, right of
eminent domain __..___.._...._.1346, 1523, 1533, 1700, 2090
HR 109-179 --Cobb County; authorize survey to be made by
Secretary of State, certain districts ____,,___,,_,,--____.260, 307
HB 672 --Cobb County; Board of Fire Commissioners;
create in each fire prevention district..._.._ 1239, 1355, 1368,
1589, 2256
HB 497 --Cobb County; Business licenses ________825, 935, 941, 1156, 2087
HB 751 --Cobb County; certain officials' compensation __,,...1518, 1663,
1687, 1870, 2263
HB 641 --Cobb County; Civil and Criminal Court,
additional judge ...____......___......-1129, 1254, 1266, 1384, 1860
HR 183-385 --Cobb County; conveyance of certain State
property .._--__...--_...--.____,,.-_....-..._.,,_.--_._.--_.._...._._574, 664
HR 73-122 --Cobb County; county manager form of government;
amendment to the Constitution ........162, 186, 265, 265, 1972
HB 556 --Cobb County; Deputy Sheriff's
salary __..._.________ 928, 1070, 1140, 1204, 1856
3010
INDEX
HR 264-571 --Cobb County; electors' qualifications; amendment to the Constitution _______.______-.____.___--1057, 1135, 1139, 1432
HR 327-762 --Cobb County; general obligation bonds to improve sidewalks; amendment to the Constitution _______.______-_____._______1620, 1664, 1686, 1888, 2260
HB 748 --Cobb County; Law Libraries, maximum fund authorized to be collected from court cases ... ___,,__,,,,_.___ 1518, 1662, 1687, 1870, 2256
SB 175 --Cobb County; medical examiner, create office .... _..,,.._.__.,,__..._-.._-__...,,. 1144, 1208, 1260, 1686, 1708
HB 289 --Cobb County; Senatorial Districts; change provisions relating to 32nd and 33rd. __..___._._____.___.__.____.____________..__~422, 477, 840, 1035, 2615
HB 749 --Cobb County; Tax Commissioner and Chief Clerk; salary ...__.....___....-.-_1518, 1663, 1686, 1878, 2263
HB 762 --Cobb County; Treasurer's compensation .....___.....__..._..--.1520, 1664, 1687, 1871, 2257
HR 117-206 --Cobb County; Zoning and Planning Commission; establish; amendment to the Constitution ......................... 299, 323, 354, 405, 1973
SR 47 --Cobb County Board of Education; members' salary; amendment to the Constitution ........... 1970, 1988, 2072, 2215, 2249, 2517
HR 188-405 --Columbia County; construction rights; amendment to the Constitution ______ 658, 739, 749, 842, 1974
HB 764 --Colquitt County; Board of Commissioners, retirement for certain personnel ..__...,,--__-..-._..--.1521, 1665
HB 772 --Colquitt County; Board of Commissioners; retirement for certain personnel ~____1<556, 1843, 1866, 2005
HB 89 --Colquitt County; Sheriff's salary __.___115, 129, 189, 197, 652
HB 191 --Cook County; Sheriff's salary ...._. 295, 320, 353, 377, 1668
HB 596
--Coweta County; Civil and Criminal Court; name changed from City Court of Newnan .....__.-..__._...._..___......___-1122, 1247, 1265, 1374, 2088
HR 274-596 --Coweta County Development Authority; create; amendment to the Constitution ______ 1123, 1248, 1264, 1425, 2420, 2527, 2539, 2547, 2626
HR 271-571 --Crawford County; Clerk of Superior Court and Ordinary; consolidate offices; amendment to the Constitution .._........__...__.._1058, 1136, 1139, 1438, 1978
HB 355
--Crisp County; certain officials' salary .-.-....-.__._....___.._._.___.-..__.._...539, 576, 748, 750, 1669
HR 204-435 --Dade County; ad valorem tax; exempt certain property; amendment to the Constitution--.---727, 831, 939
HB 286
--Dade County; Board of Commissioners; salary _______._.. _______________..___421, 477, 484, 563, 1147
HB 287
--Dade County; Ordinary, Clerical expense allowance ..... ................... 421, 477, 484, 563, 1147
HB 288 --Dade County; Sheriff's salary ___________421, 477, 484, 564, 1147
INDEX
3011
HB 285 --Bade County; Tax Commissioner's salary _____.___.____________.___..-_.____._____.___421, 477, 484, 563, 1147
HB 282 --Dawson County; Sheriff's salary .____420, 476, 484, 562, 1668 HR 153-319 --Decatur County; permanent easement of certain
property located in Bainbridge State Park .__..-_..._..___..._..-_._....___-_._..._.__.468, 549, 1142, 1910, 2620
HB 315 --Decatur County; Sheriff's salary ___.__467, 549, 557, 590, 1668
HB 441 --DeKalb County; Board of Commissioners; election
of certain members ___._,,,,.____,,__.--____--____729, 832
HB 442 --DeKalb County; Board of Commissioners; election of certain members _________________,,______--____._729,. 832
HB 694 --DeKalb County; Board of Commissioners; salary .... _ 1244, 1359, 1368, 1593, 2265, 2302
HR 200-423 --DeKalb County; Board of Commissioners to provide systems of garbage disposal; amendment to the Constitution ........_____..... 663, 743, 748, 862, 1972, 2065
HB 440
--DeKalb County; Board of Education, members' terms ___._.._-.._.._-_.-._-_...-.._.__..._...-._.......-729, 832
HB 172
--DeKalb County; Board of Tax Assessors, duties _...._._........,,,,._......_....._._.-_....-.__.___.__259, 305
HB 733 --DeKalb County; Bond issue advertisement.........._..._1517, 1662
HB 768 HB 526
--DeKalb County; certain officials' salaries ._._....____.._.._......_......_1655, 1843, 1865, 1998, 2257
--DeKalb County; County Board of Education, election of district members ___...._922, 1064, 1140, 1196, 1855
HB 390
--DeKalb County; county management form of government, create .-_._.._.__._.-____.--..._..--_...____655, 737
SR 64
--DeKalb County; establish Local Government Commission __..._____ 1853, 1897, 1969, 2215, 2222, 2223, 2516
HB 171 --DeKalb County; homestead exemption
application .._._....__._.....___..________________________________258, 305
HB 320 --DeKalb County; Juvenile Court, Judge's
salary ..._.._.468, 550, 557, 591, 2264, 2289, 2387, 2402, 2413,
2517
HR 159-347 --DeKalb County; levy fee upon certain types of construction; amendment to the Constitution ~__._538, 575
HB 673
--DeKalb County; Local Government Commission; establish ....-._..._..____.-__..___....________.._____-__1239, 1355
HB 759
--DeKalb County; Merit System Council, increase membership __________..___1519, 1663, 1866, 1998, 2266, 2304
HR 293-679 --DeKalb County; reimburse municipalities for maintaining police forces; amendment to the Constitution _ _. .___.____.._._..__.1241, 1357, 1367, 1576
HR 209-438 --DeKalb County; shelter for animals abandoned or lost; amendment to the Constitution -_____728, 832, 939, 964
HB 175 --DeKalb County, tax payments _._______..__._____._.._____.__.___259, 306
HB 529 --DeKalb County; Tax payments; penalty on
delinquent installments ... -_.._.___._922. 1064, 1140, 1200, 1855
3012
INDEX
HB 174 --DeKalb County; Tax Receiver and Tax Commissioner;
delivery of tax returns ------.__------____---- .----..__ 259, 306
HB 173 --DeKalb County; tax return, time for closing
books __--..--_____.--_____.--________.--______----___.----..___--......259, 306
HB 56 --DeKalb County; Tax returns; procedure .._._----------.. 89, 118
HB 619 --Dooly County; Coroner's salary ._..__----1127, 1251, 1368, 1380,
2088
HB 620 --Dougherty County; Albany-Dougherty Hospital
Authority; filling of vacancies ---1127, 1252, 1266, 1380,
2089
HB 581
--Douglas County; Douglasville-Douglas County Development Authority; create --..___.--1120, 1245, 1265,
1369, 1856
HE 85-135 --Douglas County; Douglasville-Douglas County Industrial Development Authority;
create; amendment to the Con
stitution ___--_.--._------------------180, 262, 354, 381, 1973
HB 580 --Douglas County; Employees' retirement __--~1120, 1245, 1265,
1369, 1856
HB 582 --Douglas County; Superior Court, Clerk's
Salary ------------------------1120, 1245, 1265, 1370, 1856
HB 10 --Early County; sheriff's salary .------...51, 81, 165, 168, 1145
HR 269-571 --Education tax; maximum levied; amendment to
the Constitution ------.__------.___._--------__._--.1058, 1136
HR 42-55 --Elbert County Development Authority; create;
amendment to the Constitution ........88, 118, 189, 199, 1971,
2066
HR 123-236 --Emanuel County; conveyance of a
certain tract of land....__..--.._----. 346, 428, 486, 694, 2620
HB 409 --Emanuel County; Sheriff's salary .----.660, 740, 748, 945, 1671
HR 136-255 --Exchange and conveyance of certain property rights _...._..__----.....------..350, 431, 485, 642, 1536
SB 17 HB 511 HB 515
--Fannin County; Superior Court, change terms --...........--..------..--------_----..187, 188, 264, 353, 371
--Floyd County; Board of Commissioners, annual audit ------__.----.----919, 1061, 1139, 1192, 1677
--Floyd County; Board of Commissioners; operate under budget ..._----___------.-.919, 1062, 1139, 1193, 1677
HB 512
--Floyd County; Board of Education, annual audit _--_____------------------919, 1061, 1139, 1192, 1677
HB 644
--Floyd County; City Court; salary of Assistant Solicitor and Secretary ............ 1130, 1255, 1266, 1385, 1860
HB 514
--Floyd County; Comptroller's salary ....._----------------------919, 1062, 1139, 1193, 1677
HR 246-528 --Floyd County; establish sewerage and fire protection districts; amendment to the Constitution _._.----__...----..--922, 1064, 1139, 1178, 1977
HB 698
--Floyd County; Floyd School District, create ...____.----..----------............1244, 1359, 1367, 1594, 1862
INDEX
3013
HB 513 --Floyd County; Hospital Authorities, annual audit -__._..._..__...._-___.._...__ 919, 1061, 1139, 1193, 2098
HR 121-236 --Floyd County; State Library to furnish complete set of Georgia Law books ___...._.-_ 345, 428, 483, 686, 1679
HR 247-529 --Floyd County; street improvements in unincorporated areas; asessment; amendment to the Constitution ........... 923, 1064, 1139, 1181, 1977
HB 281 --Forsyth County; Board of Commissioners; Chairman's expense allowance ...--..420, 476, 484, 562, 1668
HB 280 --Forsyth County; certain officials' salary _._____..____________..______._.......420, 476, 484, 562, 1668
HR 150-304 --Franklin County; conveyance of certain tract of land to Garner D. Crump ............465, 547, 750, 1017, 2624
HR 22 --Franklin County; Sheriff's salary ___.__70, 93, 189, 190, 1071 SR 61 --Fulton County; acceptance of bid of Sonoco
Products Company to lease certain land --_.____-_______-_-_______-_. 1986, 1993, 2075, 2078, 2408 HR 309-709 --Fulton County; acceptance of bid of Sonoco Products to lease certain State-owned property ......_......___._._........__.........____1347, 1524, 1534, 1948 HB 769 --Fulton County; Atlanta-Fulton County Recreation Authority Act; amend ............1656, 1843, 1866, 2012, 2096,
2619 HB 752 --Fulton County; Atlanta Stadium; employment
of minors ..-...-.-....1518, 1663, 1667, 1689, 2043, 2273, 2449 HR 59-97 --Fulton County; Board of Commissioners;
sanitary landfills within unincorporated areas; amendment to the Constitution .--117, 131, 189, 215,
652 HR 58-97 --Fulton County; business in unincorporated
areas; regulated by Board of Commissioners; amendment to the Constitution _.___.117, 130, 189, 212, 652 HB 78 --Fulton County; County police department; establish .___.-__---....-.-__.__...........____113, 127 HR 155-328 --Fulton County; create committee to study problems associated with mental health _.__._.470, 551, 1688, 2220 SB 194 --Fulton County; Deputy Ordinary, provide for appointment ..........._._....._____.......__. _-..1680, 1694, 1849 HB 95 --Fulton County; employees group insurance premium payment ----.--.116, 130, 189, 198, 1934, 1938, 2266,
2390, 2408 HB 637 --Fulton County; Judges Emeritus; office space and
secretarial assistance .........._____.1129, 1254, 1268, 1387, 2255 HB 162 --Fulton County; Justice of Peace Emeritus,
create ......-.....__-...___...._....._.-..........-...--... 255, 303, 584, 697 SR 64 --Fulton County; Local Government Commission;
establish _______.______...1853, 1897, 1969, 2215, 2222, 2223, 2516
SB 234 --Fulton County; minimum interest payment on taxes of $1.00 ............1852, 1898, 1969, 2078, 2215, 2223, 2229, 2625
3014
INDEX
HB 215 --Fulton County; pension disabilities; period of service ...._____.__..-..___.___... 300, 325, 557, 556, 2266, 2288
HR 286-650 --Fulton County; property repairs; expenditures established as liens; amendment to the Constitution ...._.__-_----..-.._....-___.___-.__.-........_1131, 1256, 1996
HR 60-99 --Fulton County; recreational activities; Board of Commissioners authorized to conduct; amendment to the Constitution .._.____118, 131, 189, 218, 653
SR 73 --Fulton County; re-establish Local Education Commission -._._--.......... 1863, 1988, 2072, 2076, 2229
HB 709 --Fulton County; Superior Court Judges Emeritus; method of payment ....____-........... 1347, 1533, 1690, 1868, 2256
HB 339 --Fulton County; Teachers and Employees, retirement ,,.__.......________._.-....._._-_. 472, 553, 558, 592, 2265
HB 340 --Fulton County; Teachers and Employees retirement; designate dependent as beneficiaries --......472, 553, 558, 593
HB 341 --Fulton County; Teachers and Employees retirement refund ...... _.._.___._............._.___ 473, 553, 558, 593, 2254
HR 348-789 --Fulton County; transfer of certain real property _._________.__.____....__________..__._.1660, 1846, 1997, 2053, 2621
HB 84 --Fulton County, zoning and planning decisions _.._._..-____----..__.___--~__---..._.......,.-_.-_...___.._.__114, 128
HB 61 --Gilmer County; Commissioner's salary ....... 89, 119, 189, 193, 2253
HB 64 --Gilmer County; Sheriff's salary ....... .............. ..._..........._.... 90, 119, 189, 193, 652
HB 518 --Glascook County; Sheriff's salary ........920, 1062, 1140, 1195, 1677
HB 406 --Glynn County; Board of Commissioners, election of members ........ ...._.-._.__........ 659, 740, 1139, 1191, 1671
HR 201-431 --Glynn County; Brunswick and Glynn County Development authority; additional definitions: amendment to the Constitution .....726, 830, 1139, 1159, 1975
HB 588 --Glynn County; Business licenses ...... 1121, 1246, 1367, 1372, 1856
HR 139-291 --Glynn County; Charter Commission; create to study consolidation with City of Brunswick; amendment to the Constitution .____. 422, 478, 483, 615, 1974
HR 154-321 --Gordon County Development Authority; create; amendment to the Constitution ..... 468, 550, 667, 760, 1974
HR 347-789 --Grady County; conveyance of certain State-owned property .__....._.__. ___...._..____.____ 1659, 1846, 1992, 2047, 2621
HB 721 --Gwinnett County; Board of Commissioners, salary ......._._._......-._........______ 1350, 1526, 1533, 1702, 2085
HR 320-721 --Gwinnett County; county manager form of government; amendment to the Constitution __ 1350, 1526, 1533, 1732, 2623
HR 242-504 --Gwinnett County; fire protection and sewerage districts; amendment to the Constitution ................................... 827, 936, 940, 1174, 1977
INDEX
3015
HR 345-770 --Gwinnett County; Superior Court Clerk; power
to issue criminal warrants; provide for
the Constitution .....__ _..____. 1656, 1843, 1865, 2009, 2420, 2464
HR 80-132 --Habersham County Board of Education; building
funds; amendment to the Constitution ... 179, 261, 308, 379,
2621
HB 458 --Habersham County; City Court; Judge and
Solicitor, salary ...._._...__..,,...___....... 733, 835, 940, 956, 1854
HB 770 --Hall County; Board of Commissioners, provide for
membership and districts --.... 1656, 1843, 1866, 1999, 2257
HR 205-435 --Hall County Board of Education; appointment of
School Superintendent; amendment to the
Constitution __________....._________727, 831, 939, 961, 1975, 1983,
1984, 2064
HB 779 --Hall County; certain officials'
salaries .._--___.___.._____.....____ 1657, 1844, 1865, 2001, 2258
HR 187-399 --Hall County; conveyance of certain land owned
by the State Highway
Department ,,____..._.__.....,,.._.,,..657, 739, 842, 1085, 2625
HB 780 --Hall County; Tax Commissioner's
salary ___..___.._______ __....___.______..._______1658, 1845, 1866, 2001, 2258
HR 195-421 --Hancock County Development Authority; create;
amendment to the Constitution __-662, 743, 748, 855, 1975
HB 93 --Hapeville, City of; extend corporate limits,
jurisdiction _.___.._______.___________-_____116, 129, 189, 197
HB 116 --Haralson County; Commissioner's
salary _______
___ 161, 185, 265, 313, 1072
HB 183 --Haralson County; Sheriff and Ordinary;
salary __....._..____......____.._....___.__.294, 319, 353, 375, 1072
HB 630 --Haralson County; Tax Commissioner; provide for
clerical assistants .__._._..__..--... 1128, 1253, 1266, 1383, 1859
HB 115 --Haralson County; Treasurer's salary __.____161, 185, 265, 312,
1072
HB 573 --Harris County; Sheriff's Deputies;
salary ...._._._.._. ___...__...___.___. 1059, 1136, 1140, 1273, 1679
HB 763 --Harris County; Small Claims Court,
create .-- ..... 1520, 1665, 1865, 1872, 2257
HB 574 --Harris County; Tax Commissioner's
salary ._.____.____.._._______.___.__..___... 1059, 1136, 1140, 1273, 1679
HB 250 --Hart County; Clerk and Ordinary,
salary ______..__.__ .___.. ___.___._..__.._._,,.....__ 349, 431, 435, 490, 1072
HB 249 --Hart County; expenditures, remove provision
limiting cost _____.--.__.,,_.____....__.... 348, 430, 435, 490, 1072
HR 265-571 --Heard County Development Authority; create;
amendment to the Constiution .....__.1058, 1135, 1264, 1407,
2622
HR 221-467 --Henry County Board of Education; appointment
of School Superintendent; amendment to the
Constitution _______..__. _______ ____ ........735, 837, 940, 986, 1976
HB 467 --Henry County; Board of Education, Chairman
and members' compensation .............735, 837, 941, 957, 1675
3016
INDEX
HR 223-467 --Henry County Board of Education; members' terms; amendment to the Constitution -----736, 837, 940, 989, 1977
HR 222-467 --Henry County Development Authority; create; amendment to the Constitution ____735, 837, 940, 1013, 1976
SB 110 --Houston County; Board of Commissioners, Posts 4 and 5 separate from each other .__--654, 696, 744, 1264, 1277
HB 593 --Houston County; Coroner's salary ._..._._.__.... _______________-1122, 1247, 1265, 1373, 1857
HB 605 --Irwin County; Board of Commissioners, Clerk's salary __.__..----...._--....-._..___ 1124, 1249, 1265, 1376, 1857
HB 606 --Irwin County; Sheriff's salary ____1125, 1249, 1265, 1376, 1857 HB 782 --Irwin County; Tax Commissioner; create
office ______________ ________________.1658, 1845, 1865, 2002, 2258
HB 615 --Jackson, City of; annexation of certain
territory _.---------- __._ 1126, 1251, 1265, 1379, 1858
SB 206 --Jackson County; Board of Commissioners; change
salaries ..----.... _
1985, 1990, 2074, 2215, 2225
SB 202 --Jackson County; Sheriff's salary ----.1985, 1990, 2074, 2215,
2226, 2389
HB 182 --Jasper County; Sheriff's salary ....... 294, 319, 353, 375, 1149
HB 643 --Jasper County; Treasurer's
salary----------.----..-.1130, 1255, 1266, 1384, 1860
HB 686 --Jeff Davis County; Sheriff's salary_______ 1242, 1358, 1368, 1592
HB 685 --Jeff Davis County; Tax Commissioner's
salary.------.------.._....--1242, 1358, 1368, 1591, 1987, 2331
HB 434 --Jefferson County; Coroner's salary-..727, 830, 940, 952, 1672
HB 435 --Jefferson County; Treasurer's
salary ...--------------------... __________ 727, 830, 940, 952, 1672
HR 285-636 --Jenkins County; convey certain property to United States
Department of the Interior, Fish and Wildlife
Service.----------..--__. .............. 1129, 1254, 1268, 1462, 2621
HB 184 --Jenkins County; Sheriff's salary_______ 294, 319, 353, 376, 1149
HB 586 --Lamar County; Superior Court, Time for
holding court----..........-_....----1121, 1246, 1265, 1371, 1856
HB 517 --Lanier County; Sheriff's salary _ 920, 1062, 1140, 1194, 1677
HR 215-454 --Laurens County; merge school system with City of
Dublin; amendment to the Constitution.___.......----. 732, 835,
939, 967, 1975
HB 20 --Lee County; Sheriff's salary----......... __.._70, 93, 165, 168, 1145
HB 21 --Lee County; Superior Court terms ......--__70, 93, 165, 169, 357
HB 627
--Lincoln County; Board of Commissioners; Ordinary to serve as Clerk ___ 1128, 1253, 1266, 1382, 1859
HB 328 --Lowndes County; Sheriff's salary...... 470, 551, 558, 591, 1150
SR 67
--Lumpkin County Board of Education; appointment of Superintendent; amendment to the Constitution --___--1970, 1988, 2072, 2077, 2241
HB 414 --Lumpkin County; Sheriff's salary .661, 741, 749, 946, 1671
HB 266 --Macon County; Ordinary's salary..._ 418, 474, 484, 559, 1146
INDEX
3017
HB 312 --Macon County; small claims court,
create.----------------------_-------- 466, 548, 557, 589, 1148
HB 267 --Macon County; Tax Receiver's
salary.------ .------____--.._----___418, 474, 484, 559, 1146
HB 472 --Madison County; Board of Commissioners;
employment of personnel.------------_. 820, 930, 941, 1151
HB 425 --Madison County; Tax Commissioner's salary___,725, 829, 950
HB 589 --McDuffie County; Sheriff's allowance
for deputies.--------.------------_1121, 1246, 1265, 1372, 1856
HB 407 --Mclntosh County; Superior Court,
Clerk's fees._.__
659, 740, 748, 944, 1854
HB 196 --Meriwether County; deposit of county
funds_......-__----------_. 296, 321, 354, 378, 1150
HB 195 --Meriwether County; place certain officials on
salary .__._____-..______--------------._______ 296, 321, 354, 378, 1149
HB 274 --Miller County; Board of Commissioners;
Chairman's salary-.---------419, 475, 484, 560, 1146, 2546
HB 594 --Miller County; Board of Commissioners;
salary.---.------_----------_------1122, 1247, 1265, 1373, 1857
HB 186 --Miller County; Sheriff's salary.......... 294, 320, 353, 376, 1149
SB 237 --Miller County; Sheriff's
salary.--__----..----------1852, 1898, 1970, 2076, 2081, 2208
HB 185 --Miller County; Small Claims Court,
create.--..--..-.--._----------------. 294, 319, 353, 376, 1668
HB 466 --Mitchell County; Sheriff's salary.----735, 837, 941, 957, 1675
HB 465 --Mitchell County; Superior Court
terms--------...-----...-----.----.-735, 837, 941, 957, 1675
HE 267-571 --Monroe, City of; conveyance of certain
real estate..--------------------------.1058, 1135, 1142, 1596
HB 570 --Monroe County; Sheriff's
salary..-.------------------1057, 1135, 1140, 1272, 1986, 2103
HR 263-571 --Monroe County Development Authority; create;
amendment to the Constitution 1057, 1135, 1264, 1401, 2621
HB 349 --Montgomery County; Sheriff's
salary...........--------___.-------------- 538, 576, 667, 698, 1150
HR 281-602 --Montgomery County; Vidalia County Development
Authority; extend activities; amendment to the
Constitution--.------.....---- 1124, 1249, 1265, 1447, 2622
HR 186-399 --Montgomery County Development Authority; create; amendment to the Constitution---- 657, 738, 940, 999, 1974
HB 726
--Morgan County; Certain officials' salaries...---------..-------..--1516, 1661, 1686, 1868, 2256
HR 76-124 --Morgan County Board of Education; add two members; amendment to the Constitution _____ 163, 186, 265, 268, 1973
HB 399
--Murray County; Board of Commissioners; salary......----------..--------------.657, 738, 1139, 1191, 1670
HB 210
--Murray County; certain officials' salary.------------------------ 299, 324, 434, 488, 1681, 1839
HR 289-658 --Murray County Industrial Development Authority; create; amendment to the Constitution.. 1237, 1353, 1533, 1557, 2622
3018
INDEX
HB 359 --Muscogee County; Board of Commissioners,
election _
. -. 541, 577, 667, 699, 1073
HR 164-364 --Muscogee County; Columbus and Muscogee County
Building Commission; create; amendment to the
Constitution.--..-------- ------ 542, 579, 667, 767, 1972, 2035
HR 190-407 --Muscogee County; combine administrative functions;
county and municipal governments; amendment
to the Constitution.------------..___... 659, 740, 748, 845, 1975
HR 191-407 --Muscogee County; combine Board of Commissioners with
City of Columbus; amendment to the
Constitution ----------._-------- _------. 659, 740, 748, 849, 1975
HB 360 --Muscogee County; contractors'
bonds.----...------------.----._--541, 577, 667, 699, 1073
HB 363 --Muscogee County; county contracts, notice
of letting.....------.------.----------------541, 578, 748, 865
HB 364 --Muscogee County; employees'
pension ------..---- ----.--...--_--542, 578, 667, 700, 1073
HB 449 --Muscogee County; Juvenile Court,
Judge's salary.----------------731, 834, 1139, 1194, 1674
HB 362 --Muscogee County; law enforcement vehicles display
blue flashing light--.-------- ...._--. 541, 578, 667, 700, 1073
HB 451 --Muscogee County; Ordinary's
salary.........._.----...---,.----......--731, 834, 940, 954, 1674
HB 447 --Muscogee County; Sheriff's salary... 730, 833, 940, 953, 1674
HB 450 --Muscogee County; Superior Court, Clerk's
salary.....--._----.--.--..----------731, 834, 940, 953, 1674
HR 163-364 --Muscogee County; Tax Assessor; consolidate with
City of Columbus; amendment to the
Constitution---.---------...--------542, 578, 667, 763, 1974
HB 448 --Muscogee County; Tax Commissioner's
salary.--.--._..---------------------731, 833, 940, 953, 1674
HB 361 --Muscogee County; urban redevelopment law; terms
and powers.-.---...------.-----------.541, 578, 667, 699, 1073
HB 57 --Newton County; Sheriff's salary------------. ---- ----.89, 118
HR 160 --Newton County High School Football Team;
commend ----------------------...--------------_----_.--.491
HB 124 --Oglethorpe County; Sheriff's salary- 163, 186, 308, 313, 1148
HB 80 --Oglegthorpe County; Superior Court
terms--._--...------_-..-----------....113, 127, 189, 195, 1145
HR 52-88 --Oglethorpe County Board of Education; election of
members; amendment to the
Constitution .---- .----. ------ ----__. 115, 128, 189, 209, 1972
HB 735 --Paulding County; Tax Commissioner's
salary------.---------------------..1350, 1527, 1686, 1702, 2091
HB 62 --Pickens County; Commissioner's salary- 90, 119, 189, 193, 22
HB 62 --Pickens County; Commissioner's
salary------.__,,------._--._,,------..90, 119, 189, 193, 2253
HB 65 --Pickens County; Sheriff's
salary---------...-------.---------- 90, 119, 189, 194, 652
SB 18 --Pickens County; Superior Court; change
terms .......---- ......-- ...-- ._.. ......_ .. 187, 188, 264, 353, 372
INDEX
3019
HB 453 --Pierce County; Sheriff's salary^ ._____._732, 834, 940, 954, 1675 HB 393 --Pike County; Board of Commissioners, Clerk's
salary.------._----__.....__..___...__.__._.. 656, 737, 941, 948, 1670 HB 392 --Pike County; Board of Commissioners;
salary-......--_--__------.----------.--656, 737, 941, 948, 1670 HE 295-682 --Pike County Board of Education; appointment of School
Superintendent; amendment to the Constitution......-....-.......--_._._.__. 1242, 1357, 1367, 1579, 2420 SR 66 --Polk County School District; create; amendment to the Constitution--...--..-..----...1971, 1988, 2072, 2077, 2233 HR 316-719 --Pulaski County-Hawkinsville Development Authority; create; amendment to the Constitution ....------..1349, 1526,
1533, 1720, 2623 HB 505 --Pulaski County; Ordinary's fees for custodian of
vital statistics._........_._.__.....----......... 827, 936, 941, 1158, 1676 HB 506 --Pulaski County; Superior Court Clerk's allowance
for assisting Tax Assessor.------. 828, 937, 941, 1158, 1676 HB 150 --Rabun County; Ordinary's salary........ 253, 301, 353, 372, 652 HB 676 --Randolph County; Deputy Sheriff's
salary ......------._..._._..._..._------. 1240, 1356, 1368, 1590, 2089 HB 754 --Richmond County; Board of Commissioners, pension
fund, optional benfits .............._----... 1352, 1529, 1865, 1875 HB 501 --Richmond County; Board of Education,
Members' salary _-....._....._....__...._. 826, 935, 941, 1157, 1676 HB 745 --Richmond County; Building Inspector, establish
office.........--. ............... 1352, 1529, 1687, 1706, 2094, 2106 HB 740 --Richmond County; Certain employees'
maximum salary._..._.._.--------___ 1351, 1528, 1686, 1704, 2085 HB 744 --Richmond County; City Court; Assistant
Solicitor's salary.._.__..___...._._.._. _1352, 1529, 1687, 1705, 2086 HB 743 --Richmond County; City Court; Clerk's
salary..-----.----------------......1352, 1529, 1687, 1705, 2086 HB 742 --Richmond County; City Court; Judge's secretary,
salary ..... .------.._----_ 1352, 1528, 1687, 1705, 2096, 2105 HB 741 --Richmond County; City Court; Stenographer-
clerks, salary __...._______._.....___.. 1351, 1528, 1686, 1704, 2086 HB 541 --Richmond County; law enforcement officers;
fees for court testimony.----.. 926, 1067, 1263, 1585, 2254 HB 494 --Richmond County; Law Libraries; provide
assistant .--------..---------- 824, 934, 938, 1266, 1275, 1676 HB 552 --Richmond County; Sheriff's office, employees'
salary ----_....------.._. 927, 1069, 1140, 1204, 1682, 2107 HB 739 --Richmond County; Superior Court Judge; salary of
Executive Secretary and Calendar Clerk...._---- 1351, 1528, 1686, 1704, 2085
HB 400 --Rockdale County; Board of Commissioners; appointment of Executive Assistant......... ...__--. 657, 739, 749, 943, 1670
HB 401 --Rockdale County; Board of Commissioners; salary .... --------..._-- ---- ._. 658, 739, 749, 943, 1670
HR 241-504 --Rockdale County; debt limitation; amendment to the Constitution ..... . ... .. . 827, 936, 1075, 1172, 1977
3020
INDEX
HB 402 --Roekdale County; Sheriff's salary _____ 658, 739, 749, 944, 1670
HB 476 --Seminole County; Sheriff's salary___ 821, 931, 941, 1152, 1673
HB 700 --Spalding County; Board of Commissioners;
Chairman's salary.._.__.._......___..__ 1345, 1522, 1533, 1698, 2092
HB 690 --Spalding County; Coroner's
salary-..-----.----------,,._ ----1243, 1358, 1368, 1593, 2090
HB 689 --Spalding County; Superior Court, Clerk's
salary _-
_ ______________ 1243, 1358, 1368, 1593, 2089
HB 688 --Spalding County; Tax Commissioner's
salary ___________ _.._... _____________ 1243, 1358, 1368, 1592, 2089
HB 309 --Stephens County; Board of Commissioners;
terms of office--.-.---..-----466, 548, 557, 589, 1148
HB 117 --Stephens County; Commissioner's term of office -- 161, 185
HB 311 --Stephens County; Ordinary's
salary------------------------ 466, 548, 557, 589, 1148
HB 119 --Stephens County; Ordinary, salary of personnel _____ 161, 185
HB 308 --Stephens County; Superior Court Clerk's
salary--------..-____.,,____----___________________.465, 548, 557, 588, 1147
HB 118 --Stephens County; Superior Court, salary of
personnel -- _____________ _________________________________ ______________! 61, 185
HB 238 --Stewart County; sheriff's salary--___ 346, 428, 435, 490, 2083
HB 663 --Sumter County; Ordinary's
salary_______________.--_----______ 1238, 1354, 1368, 1587, 1863
HB 576 --Talbot County; Board of Commissioners;
salary.----_----..---- _------_____ 1059, 1137, 1140, 1274, 1679
HB 577 --Talbot County; Sheriff's salary and expense
allowance __________________ _________ 1059, 1137, 1140, 1274, 1679
HB 575 --Talbot County; Tax Commissioner's
salary __________________ _____________ 1059, 1136, 1140, 1273, 1679
HB 629 --Taliaferro County; Sheriff's
salary _________________________________ 1128, 1253, 1266, 1383, 1859
HR 43-71 --Tattnall County Board of Education; election of
members; amendment to the Constitution _____________ 91, 120,
189, 206, 1972
HB 69 --Tattnall County; Commissioner's
salary...----_.----.--------------------91, 120, 189, 193, 1145
HB 71 --Tattnall County; Sheriff's
salary __________-.____..___------_________ 91, 120, 189, 195, 556, 1044
HB 70 --Tattnall County; Superior Court Clerk's
salary _________________ _________ 91, 120, 189, 195, 1681, 2038
HB 670 --Tattnall County; Superior Court, Clerk's
salary __________________ __.._-_________---__---1239, 1355, 1368, 1589
HB 19 --Terrell County; Board of Commissioners of Roads
and Revenue, create..---------------- 69, 93, 165, 168, 1071
HR 156-330 --Thomas County; conveyance of certain tract of
State-owned property to Wade E. Freeman ________ 470, 552,
1690, 1915, 2253
HB 668 --Thomas County; fire protection district Number 2;
include additional land lots _ _ 1238, 1355, 1533, 1588, 2089
HB 600 --Tift County; Superior Court Clerk; disposition of
certain fees ____________ 1123, 1248, 1265, 1375, 1857
INDEX
3021
HB 599 HB 313
--Tift County; Tax Commissioner; disposition of certain fees __.,,..._.. .....___...__...__..1123, 1248, 1265, 1375, 1857
--Toombs County; Board of Commissioners,
Clerk's salary ________________________________ 466, 548, 557, 590, 1150 HB 265 --Toombs County; Branch banks; establish.__._____ 418, 474, 747 HR 152-313 --Toombs County Development Authority; create;
HB 348
amendment to the Constitution _____ 467, 548, 667, 753, 1974 --Treutlen County; Sheriff's salary_______ 538, 575, 667, 698, 1150
HR 206-435 --Treutlen County Development Authority; create;
amendment to the Constitution... .__ 727, 831, 940, 1007, 1975
HB 329 --Troup County; Housing Authorities Law,
exempt
... .,,-.-.-.__._..__. 470, 551, 941, 949, 1669
HB 424 HB 294
--Twigg County; Sheriff's salary...___725, 829, 940, 950, 1672 --Upson County; Ordinary; Clerk's
salary .._._.__... 423, 478, 484, 564, 1147
HB 293 --Upson County; Ordinary's salary_______ 423, 478, 484, 564, 1147
HB 775 --Walton County; certain officials'
salaries-.,,___,,_.
1657, 1844, 1865, 2000, 2258
HB 776 --Walton County; Tax Commissioner's
salary_ _._________________.__.______.__,, 1657, 1844, 1865, 2000, 2258
HR 326-762 --Ware County Board of Education; appointment of
School Superintendent; amendment to the Constitution _______..,,_.________.______ 1520, 1664, 1686, 1885, 2260
HB 761
HB 181 HB 760
--Ware County; Publication of receipts and expenditures, procedure_._________ 1519, 1664, 1687, 1871, 2257
--Worth County; Sheriff's salary_______ 293, 319, 353, 375, 1072 --Ware County; Tax Collector, certain
commissions ____________________________ 1519, 1664, 1687, 1871, 2263
HB 609
--Washington County; City Court; Judge and Solicitor; salaries ________________ __ _1125, 1250, 1265, 1377, 2088
HB 736
HB 417 HB 737
--Wayne County; Ordinary's salary.__._ __.___.________________.__......__.___1351, 1528, 1686, 1703, 2091
--Wayne County, Superior Court terms _661, 742, 749, 946, 1671 --Wayne County; Tax Commissioner's
salary______ ____._________________.,,_.______ 1351, 1528, 1686, 1703, 2091
HR 194-418 --Wayne County; tax levy for industrial development; amendment to the Constitution.-..... _________742, 749, 852, 1975
HB 482
--Webster County; Board of Commissioners; Clerk's salary...______-..___________._____ 822, 932, 941, 1153, 1854
HB 485 --Webster County; Ordinary's salary. ,_823, 932, 941, 1154, 1854
HB 499
--Webster County; Sheriff, provide certain equipment .________.____.....________________ 826, 935, 941, 1156, 2084
HB 667
--Webster County; Treasurer's salary ________ ____.___..____ 1238, 1354, 1368, 1588, 1866
HR 124-239 --Wheeler County; permanent easement; certain property in
Little Ocmulgee State Park ____.346, 429, 485, 627, 670, 2092
HR 185-399 --Wheeler County Development Authority; create; amend ment to the Constitution _________________ 657, 738, 940, 992, 1974
HB 771
--White County; Ordinary's salary_ _____.....___,,.......___________. _.__1656, 1843, 1866, 1999, 2257
3022
INDEX
HB 623 --Whitfield County; Insurance for regular employees .------ ._....--...... ... 1127, 1252, 1265, 1381, 2089
HR 283-624 --Whitfield County; license and regulate hauling, dumping and burning materials; amendment to the Constitution.----...------------1127, 1252, 1265, 1450, 2622
HB 365 --Wilcox County; Sheriff's salary _____ 542, 579, 667, 700, 1669 HR 115-201 --Worth County Development Authority; create; amend
ment to the Constitution .----------_ 298, 322, 354, 399, 1973
COUNTY OFFICERS
HB 33
--Malpractice in office; method of indictment before Grand Jury...----------72, 95, 436, 1926
COUNTY SURVEYORS HB 110 --Qualifications --------.159, 183, 356, 530, 570, 584, 1319, 2614
COURTS HB 164 SR 43 HB 163 HB 156 HB 244
HB 94 SB 204 HB 777 HB 702 SB 131 HB 155 SB 126 HB 631
HB 746
--Adoption; change the waiting period before final adoption ______......256, 303, 356, 530, 644, 2614
--Adoption; time limit for granting--------481, 492, 555, 1990 --Alapaha Judicial Circuit;
Solicitor General's salary ----.---- 256, 303, 353, 374, 1667 --Appellate Courts; criminal cases,
right of appeal------....----.------_.------.--254, 302, 841 --Appellate Procedure Act of 1965;
filing motions for new trial; redefine rules ...._..347, 429, 1139, 1789, 2272, 2492, 2538 --Atlanta Judicial Circuit; compensation of certain officials--.--....------116, 130, 189, 198, 652 --Atlanta Judicial Circuit; manner in which judges shall dispose of business.-_1984, 1990, 2074 --Attorney's fees; method of giving notice for the purpose of collecting------1657, 1844, 1990 --Bail; traffic law violations ......--------.------. --------.1345, 1522 --Bail trover to recover personalty; confinement of defendant ...... ________....--.....1850, 1897, 1968 --Bail; violation of traffic, game, fish, or boating laws; public drunkenness----254, 302, 436, 534 --Bailiffs; maximum allowable salary _--------------__--------._1270, 1314, 1362, 1685, 2181 --Blue Ridge Judicial Circuit; Judge's allowance for clerical personnel_--1128, 1253, 1264, 1468,
1859 --Brunswick Judicial Circuit; Assistant
Court Reporter, provide for ----...----..--------..----......1517, 1662, 1687, 1869, 2256
INDEX
3023
HB 83 --Certain defendants may be placed on probation if not previously convicted of a crime ----------..,,_--------114, 127, 356, 459
HB 445 --Chattahoochee Judicial Circuit; Solicitor General's salary----------730, 833, 940, 947, 1672
HB 684 --Chattahoochee Judicial Circuit; Supplement paid by Muscogee County ----------------1242, 1358, 1368, 1591, 2084
HB 223 --Civil actions; court costs.....----------.343, 426, 584, 900 HB 268 --Civil actions; Court Reporter's
compensation for furnishing transcripts ----418, 474, 1264 SB 4 --Civil actions; service of process
at defendant's residence --.---------..----------.555, 567, 582 SB 129 --Civil and criminal cases; truth
of pauper's affidavit .--------1683, 1692, 1847, 1990, 2350 HR 74 --Civil and criminal procedure; create
Committee to study rules.----------------------135, 1688 HB 562 --Clay ton Judicial Circuit;
Court Reporter's salary -------- 1055, 1133, 1140, 1272, 1678 HB 750 --Cobb Judicial Circuit; Compensation
of Judge received from Cobb County --------------------1518, 1663, 1687, 1870, 2263 HR 147-301 --Condemnation proceedings; change in venue; amendment to the Constitution------------425, 479 HB 323 --Condemnation proceedings; define "just and adequate compensation" ----------------469, 550, 748, 877, 2434, 2497 HB 272 --Condemnation proceedings; more efficient method of service upon non-residence --------------419, 475, 1263, 1641, 2615 HR 273 --Condemnation proceedings; more effiicent method of service upon non-residents -------- 419, 475, 1263, 1643, 2273, 2462 HB 376 --Condemnation proceedings; notices to known non-resident property owners ------------------------------_--545, 581 SB 76 --Condemnation proceedings; service upon non-resident ------------ 1270, 1313, 1362, 1991, 2383 HB 270 --Condemnation proceedings; service upon non-residents -------------------418, 474, 1263, 1639
HB 143 --Condemnation proceedings; State-aid roads; borrow pits; drainage ditches----------182, 264, 666
HB 537 --Cordele Judicial Circuit; Solicitor General's salary-------------125, 1066, 1263, 1497, 1855
HB 30 --Criminal cases; jury must return verdict of guilty or not guilty------71, 94, 584, 627, 749, 1489, 1551
HB 66 --Criminal cases punishable by life imprisonment or death; jury required to make certain recommendations ------------------------__-90, 119, 156
3024 HB 79 HB 139 HB 377 HB 263 HB 121 HB 133 HB 260
HB 234 HB 262 HB 26 HB 258 HB 261
HB 264 SB 229 HB 146 HB 259 HB 463 HB 68
SB 2
SB 115 HB 167 SB 157 HB 36 SB 40
INDEX
--Criminal sentences; jury shall determine only guilt or innocence .__...----113, 127, 156, 356
--Criminal trials; accused may testify in his own behalf ..____------------____...___.181, 263, 1139
--Dismissal of suits pending for a period of 5 years or longer----------.----545, 581, 840, 1033
--Divorce; alimony; attorney's fees...------------....351, 433, 485 --Divorce; alimony payments shall
cease on wife's remarriage ------------------__----162, 185 --Divorce; alimony payments shall
cease on wife's remarriage----........180, 262, 356, 808, 2262 --Divorce; conduct of both parties may
be considered as to whether divorce may be denied __--__--_._--___--_------------__----------351, 432 --Divorce; Grandparents' visitation rights under certain conditions .----------345, 427, 485, 806 --Divorce; information which must be contained in petitions ---------------------351, 433, 841, 1808 --Divorce; minor 14 or older may select parent; repeal Act___.__________.____._-__.____--__71, 94 --Divorce; minor 14 or older may select parent; repeal Act.--.---__----_.__-------350, 432 --Divorce; service by publication where defendant's residence not known for a period of 2 years.------------------___ 351, 433, 841, 1045 --Divorce; temporary alimony; judge shall set application for hearing..........--351, 433, 485, 1818 --Gwinnett Judicial Circuit; Solicitor General's salary.------------.--__.____ 1984, 1993, 2074 --If person moves from State; to avoid prosecution.--_____..__ 182, 264, 356, 1618, 2433, 2456 --Incurable insanity grounds for granting total divorce ---- ___.--____._.___ 351, 432, 485 --Interest on unliquidated damages; procedure...----.....734, 836 --Judges, Court of Appeals and Supreme Court; change salaries ......91, 120, 177, 281, 1851, 1936, 2156, 2268, 2341 --Juries; persons entitled to exemption from all jury duty.-_..481, 492, 554, 1990, 2186,
2270 --Jurors; change maximum number
of names that may be drawn -1071, 1207, 1259, 1685, 2556 --Jurors may also serve in other courts if
summoned for Superior Court duty.----.258, 305, 485, 1284
--Jury clerk; Judge, Superior Court has power to appoint----1683, 1694, 1848, 1991, 2082, 2388
--Jury's presence not required if appearance bond or recognizance forfeited------72, 95, 668, 1622, 2612
--Jury shall only make a determination as to the guilt of the defendant............1364, 1456, 1526, 1990
INDEX
3025
SB 169 --Life imprisonment in lieu of death penalty for certain crimes.-----------1971, 1989, 2073
HB 296 --Lookout Mountain Judicial Circuit; add additional Judge --.------423, 479, 1140, 1141, 1204, 1303, 1340, 1475
HB 352 --Lookout Judicial Circuit; Judge's salary--.------------539, 576 HB 8 --Misdemeanor; bail approved by chief law
enforcement officer or committing officer--.--.-50, 81, 137 HB 307 --Misdemeanor cases; cognizance
bonds from military personnel .----465, 547, 584, 898, 2616 HB 682 --Non-domicilary; court's jurisdiction----------------1242, 1357 HB 480 --Non-residents; court's jurisdiction 821, 931, 1367, 1612, 2617 HB 475 --Northeastern Judicial Circuit; provide
two judges --------,,_------------820, 931, 1263, 2049, 2546 HB 338 --Office of Public Defender; create ..._------....--_472, 553, 1267 HB 130 --Patsula Judicial Circuit;
Solicitor-General's salary ----------179, 261, 308, 314, 1148 SB 166 --Penalty for desecration of burial place;
life imprisonment in lieu of death--------.1364, 1456, 1527 SB 168 --Penalty for furnishing narcotic drugs
to minors; life imprisonment in lieu of death .--_------.----..__--,,......----___ 1863, 1897, 1968 SB 167 --Penalty for mishandling of poisonous snakes; life imprisonment in lieu of death penalty__1680, 1695, 1850 SB 136 --Pleadings; remove certain pro visions found unconstitutional by Supreme Court of Georgia __.__1683, 1693, 1848, 1991, 2355 SB 51 --Practice of law; educational requirements...------481, 492, 551 HB 200 --Practice of law; educational requirements --. 297, 322, 356, 502, 1272, 1907, 1938, 1983 HB 6 --Pretrial and trial procedures in civil cases; modernize--.50, 81, 221, 356, 463, 501, 629,
1836, 1944, 2151, 2208 HB 81 --Procedure for determining whether
certain convicted persons are dangerous offenders ------------------------------.113, 127 HB 645 --Rome Judicial Circuit; Assistant Solicitor and Clerk-Typist, salary--1130, 1255, 1264, 1387,
1860 HR 120-236 --Rome Judicial Circuit; State Library
to furnish certain law books ...----345, 428, 483, 684, 1679
SB 6 --Satisfaction of executions; fi. fas. of part payments made on judgments ....----------.----..--------.481, 492, 554, 1990, 2512
SB 38 --Searches and seizures; suppression of evidence illegally seized ----------.1682, 1691, 1846, 1991, 2353, 2388
HB 242 --Senior Superior Court Reporter; create and establish office.--------...347, 429, 438, 668, 1229
HB 82 --Sex crimes; investigation of convicted persons--114, 127, 436
3026
INDEX
SB 63 HB 572 HB 564 HB 204
--Solicitors-General, Emeritus; Retirement System; credit for service in the armed forces.----___1308, 1312, 1361
--Solicitors-General, Superior Courts; compensation ____..__-_-_________.__1059, 1136, 1139, 1337, 2618
--Statewide Probation Act; adult probation systems; grants to counties------._....1056, 1134
--Statewide Probation Act; court procedure...----......... 298, 323
SB 201
--Statewide Probation Act; criminal sentences, revocation of pro bationary feature _____________1684, 1695, 1849, 1991, 2351
SB 53
--Statute of limitations; deficiency of construction or injury to real property _________________._______1071, 1206, 1258, 1991
HB 603
Stone Mountain Judicial Circuit; Assistants to Solicitor, appointment --------------1124, 1249, 1264, 1485 2266, 2301
HB 617
--Stone Mountain Judicial Circuit; Official Court Reporter's salary ----------------1126, 1251, 1266, 1380, 2256, 2304
HB 243
--Subpoenas and processes; revise laws .--------347, 429, 1685, 1944, 2272, 2333, 2433, 2449, 2489, 2625
HB 97
--Superior Court Clerks; certain fee for capital felony cases......... ------117, 130, 177, 228, 2613
HB 368
--Superior Court Clerks; facilities to file wills of persons still living----___________----__...543, 579
HB 128
--Superior Court Clerks; place upon an annual salary--________________________________------164, 177, 187
SB 64
--Superior Court Clerks' retirement benefits; credit for armed forces service for future members ------------------------..1308, 1312, 1361
HB 519
--Superior Court Clerks; retirement benefits; delinquent payments shall bear interest _.___.._________._________920, 1063, 1139, 1624, 2617
HR 29-44 --Superior Court Judges; election; amendment to the Constitution __________75, 98, 355, 449, 2620
HB 431
--Superior Court Judges, Emeritus; Governor may call to serve in any Superior Court--_______-726, 830
HB 123
--Superior Court Judges, Emeritus; limitation of funds received--------------162, 186, 356, 2041
SB 65
--Superior Court Judges, Emeritus; retirement benefits; disallow credit for service as member of the General Assembly _____________________--1308, 1313, 1361
HB 290
--Superior Court Judges may request any judge emeritus to serve in judicial circuit of judge making request __________...__422, 477, 748, 1286, 2264, 2287
INDEX
3027
HR 77-124 --Superior Court Judges; Solicitors General; election; amendment to the Constitution ._......_.____._.____.._.............____163, 186, 356, 486
SB 3 --Superior Court Judges and Solicitors General and Judges and Solicitors of Inferior Courts Retirement Fund; create.........................-_.__....._._-...__....__.--.417, 437, 480
HR 315-719 --Superior Court System; create committee to study matters relative to _____________________._____.__1349, 1525
HR 141-291 --Supreme Court Justices; Judges, Court of Appeals; qualifications; amendment to the Constitution ......._.______._..,,..._.423, 478, 840
HB 271 --Tax Returns shall be used as evidence concerning property value _----__.--.....419, 475, 1367, 1800
HB 487 --Traffic law offenders; trial without waiver of indictment by Grand Jury_______823, 933, 1264
COURT OF APPEALS
HB 68
--Judges; change salaries ......91, 120, 177, 281, 1851, 1936, 2156, 2268, 2341
COURTS OF APPEALS
HR 141-291
--Judges; qualifications; amendment to the Constitution.__.___....___.........._.______.__.........._423, 478, 840
COURT REPORTERS
HB 268
--Civil actions; Court Reporter's compensation furnishing transcripts --_.----.--_--__--------_._418, 474, 1264
COVINGTON, CITY OF
HB 73 --Clarify charter __.___...__________._.__.____92, 121, 265, 312, 1145, 1341 HR 46-72 --Gas or electric generating systems; revenue
anticipation obligations; amendment to the Constitution -___.._.._........__.___..__..._.._..._..........._92, 121
COWETA COUNTY
HB 596 --Civil and Criminal Court; name changed from City Court of Newnan -.-__.__-_.-....._..._._.__1122, 1247, 1265, 1374, 2088
HR 274-596 --Coweta County Development Authority; create; amendment to the Con-
3028
INDEX
stitution __--------_------..1123, 1248, 1264, 1425, 2420, 2527, 2539, 2547, 2626
COX, DR. WILLIAM J. HE 408 --Wishing speedy recovery----_.----___--------__----------_.2595
CRAWFORD COUNTY
HR 271-571 --Clerk of Superior Court and Ordinary; consolidate offices; amendment to the Constitution ----.--------1058, 1136, 1139, 1438, 1978
CRAWFORD, REV. EDDIE --Prayer offered by-------_---.-.---------___------__1841
CRAWFORDVILLE, CITY OF
HB 628
--Elections; time polls shall be open--------------------__1128, 1253, 1266, 1382, 1859
CREDIT UNIONS SB 189 --Procedure for incorporation----._----------_--1862, 1989, 2073
CRIME PREVENTION
HR 182-385 --Indemnification of private citizen for personal injury while assisting in crime prevention; amendment to the Constitution-.--._.,,...______________________----574, 664
HR 149-304 --Indemnification of private citizen law enforcement officers.------.._._----___465, 547, 840, 1217, law enforcement officers.--_----------465, 547, 840, 1217, 2419, 2446
CRIMES
HB 225 HB 34
--Burning of bridges; change punishment ________343, 426, 584 --Demonstrations; total number of
demonstrators not to exceed number of law enforcement officers __.__------ -_------------ .72, 95, 189, 220, 452
SB 166
HB 224 HB 168 HB 559 HB 146
HB 464 HR 336 HB 410 SB 169 HB 253 HB 53 HB 32 SB 167 SB 29 HB 18 SB 168 HB 82 HB 344 HB 140 HB 333
INDEX
3029
--Desecration of burial place; penalty of life imprisonment in lieu of death penalty______.__-_______,,,,.__--___.1364, 1456, 1527
--Desecration of burial place; punishment......_...343, 426, 584 --False statements in writing regarding
financial conditions; unlawful...........--...._..--.258, 305, 355 --Felony; carrying of firearms ........_._........___._____..__. 1055, 1133 --If person moves from State with
intent to avoid prosecution; felony __...__....._.._______-._-_..._____182, 264, 356, 1618, 2433, 2456 --Larceny; change punishment if amount stolen exceeds $50.00.--734, 837, 1533, 1806, 2623 --Larceny of motor vehicles; theft of parts shall also be a crime.-471, 552, 667, 799, 2449, 2469 --Larceny; tangible personal property; criminal sanctions if rented or leased........_.660, 741, 1367 --Life imprisonment in lieu of death penalty for certain crimes .........................1971, 1989, 2073 --Loiter or prowl; unlawful around certain dwellings during certain hours ___,,______--,,_,,.________.--.________. 349, 431, 584 --Lottery tickets; possession unlawful ...--....79, 100, 356, 515,
2271, 2317 --Minors; parents liable for damage to property or
injury to person, or both ........72, 95, 137, 173, 2271, 2444 --Mishandling of poisonous snakes; life imprisonment
in lieu of death penalty ............--..............--1680, 1695, 1850 --Motor vehicle larceny; theft of parts
shall also be a crime --......----_._._____653, 695, 743, 841 --Peeping torn and eavesdropping; penalty .__,,____.______. 53, 83 --Selling or furnishing narcotic drugs to minors;
imprisonment in lieu of death penalty --....1863, 1897, 1968 --Sex; investigation of convicted persons ............114, 127, 436 --Trade secrets; unlawful to steal or
unlawfully obtain ....................473, 554, 840, 1225, 2616 --Trespassing; right of contribution where several
trespassers are not jointly sued ___181, 263, 356, 452, 2260 --Worthless checks, drafts; misdemeanor if person
knowingly draws, makes or delivers ..._--.____...--...471, 552
CRIMINAL RECORDS SYSTEM
SR 49
--Create study committee to study establishment of central computerized system .....,,__........1535, 1538, 1666 2215, 2507
CRISP COUNTY HB 355 --Certain officials' salary .___..............._539, 576, 748, 750, 1669
3030
INDEX
CRISP COUNTY BASKETBALL TEAM HR 236 --Congratulate ....____...___._..........._._...._._......._._........._._......782
CUMBERLAND SOUND
HB 158
--Prohibit net fishing during certain periods of the year ------__----------------_----256, 302, 353, 373, 1853
D
DADE COUNTY
HR 204-435 --Ad valorem tax; certain property exempt; amendment to the Constitution _--_.__...___ 727, 831, 939
HB 286 --Board of Commissioners; salary._._421, 477, 484, 563, 1147 HB 287 --Ordinary, clerical expense
allowance .-..--------------_----------421, 477, 484, 563, 1147 HB 288 --Sheriff's salary .----------__------.____----421, 477, 484, 564, 1147 HB 285 --Tax Commissioner's salary ____--____421, 477, 484, 563, 1147
DALLAS, CITY OP
HB 734
--Recorder's Court; establish _------._-----1350, 1527, 1686, 1702, 2094, 2104
DALTON, CITY OP
HB 621 HB 624
HB 732
--Annexation of certain territory..._1127, 1252, 1266, 1381, 2089 --City Courts, fines and punishment
imposed _----__------___------_----1127, 1252, 1266, 1381, 2089 --Pension for certain officers, firemen,
employees, etc. ----__-___1517, 1661, 1686, 1869, 2262, 2311
DAUGHTERS OF THE AMERICAN REVOLUTION
HR 324-733 --Donation of real estate; amendment to the Constitution.----------__--___------------_1517, 1662
DAVIS, REV. RICHARD --Prayer offered by----------.----_--_------_------__----293
DAWSON COUNTY HB 282 --Sheriff's salary ------..------.----------_420, 476, 484, 562, 1668
INDEX
3031
DAY CARE CENTERS
SB 92 HR 373
--Mentally retarded; powers of Department of Public Health---583, 623, 665, 1076, 2183
--Mentally retarded; powers of Department of Public Health ______ ...____.______.1894, 2215, 2601
DAY NURSING PROGRAM --Interim Committee Report------------------_--------....2707
DEALERS, RETAIL
HB 72 HB 92
--Sales tax; compensation for collection and remittance ...__.__.._...--_...........92, 121
--Sales tax; compensation for collection and remittance-.--.------.116, 129, 177, 236, 1073
DEARING, TOWN OF HB 87 --Mayor and Councilmen, terms --__...114, 128, 189, 196, 1145
DEATH SENTENCES --Suspension by Governor.------__----------------__--------..414
DEBTS HB 29
--Transfer of deeds to secure debt----------_...71, 94, 137, 169
DEEDS HB 28 HB 416
HB 29
--May be exercised by transferees .------------71, 94, 137, 171 --Real estate; taxation if property
conveyed exceeds $100.00 --------._....____...,,------..661, 742 --Transfer of deeds to secure debt...._----------71, 94, 137, 169
DECATUR COUNTY
HR 153-319 --Permanent easement of certain property located in Bainbridge State Park ------------468, 549, 1142, 1910, 2620
HB 315 --Sheriff's salary ____.__.________..._______.__.______467, 549, 557, 590, 1668
DEER HB 218
--Hunter must wear some fluorescent orange article of clothing .------_.__.------318, 352, 747, 1110
3032
INDEX
DEKALB COUNTY
HB 441 --Board of Commissioners; election of certain members ----------._.--------------___729, 832
HB 442 --Board of Commissioners; election of certain members.--_----_..-------.-___--------------_--729, 832
HB 694 --Board of Commissioners; salary --------------------1244, 1359, 1368, 1593, 2265, 2302
HR 200-423 --Board of Commissioners to provide systems of garbage disposal; amendment to the Constitution----------663, 743, 748, 862, 1972, 2065
HB 440 --Board of Education; members' terms......---_................729, 832
HB 172 --Board of Tax Assessors, duties.---...-.--.------------259, 305
HB 733 --Bond issue advertisement--------------___.._..--...1517, 1662
HB 768 --Certain officials' salaries._....._1655, 1843, 1865, 1998, 2257
HB 526
--County Board of Education; election of district members..--------922, 1064, 1140, 1196, 1855
HB 390
--County management form of government; create ------------------------------..655, 737
HB 171 --Homestead exemption application _..--..--------.......258, 305
HB 320 --Juvenile Court; Judge's salary ----.----------468, 550, 557, 591, 2264, 2289, 2387, 2402, 2413, 2517
HR 159-347 --Levy fee upon certain types of construction; amendment to the Constitution--......_______--__538, 575
SR 64
--Local Government Commission; establish .--------1853, 1897, 1969, 2215, 2222, 2223, 2516
HB 673 --Local Government Commission; establish_--------.1239, 1355
HB 759
--Merit System Council, increase membership ------------.1519, 1663, 1866, 1998, 2266, 2304
HR 293-679 --Reimburse municipalities for maintaining police forces; amendment to the Constitution.-........1241, 1357, 1367, 1576
HR 209-438 --Shelter for animals abandoned or lost; amendment to the Constitution...----.----728, 832, 939, 964
HB 175 --Tax payments ........._..--_-................__----------------259, 306
HB 529
--Tax payments; penalty on delinquent installments --------922, 1064, 1140, 1200, 1855
HB 174
--Tax Receiver and Tax Commissioner; delivery of tax returns .----------------------------......259, 306
HB 56 --Tax returns; procedure .... ._...._.-- --------89, 118
HB 173 --Tax return, time for closing books--------------------_ 259, 306
DELTA AIRLINES HR 276 --Express appreciation ......___----_............------.----------.----1077
INDEX
3033
DEMONSTRATIONS
HR 34
--Total number of demonstrators not to exceed number of law enforcement officers ----------72, 95, 189, 220, 452
DENTISTS HB 533
--Collection of claims, judgments.-----------------------924, 1065
DENTON, CITY OF HB 757 --New charter.----_.._._------_----1353, 1530, 1687, 1707, 2086
DEPARTMENT OF AGRICULTURE
HB 193 SB 93 HB 488 HB 255
--Concentrated commercial feeding stuffs; inspection fee --295, 321, 482, 780, 939, 1602, 2083
--Honeybees; inspection of colonies -_------------__-- _ 1535, 1538, 1666, 1684, 2185
--Registration, License and Permit Act; legal process.--.---------823, 933, 1139, 1785, 2617
--State Institutional Farms Division; create .......----...--------.349, 431, 482, 720, 2092
DEPARTMENT OF COMMERCE
SB 210
--Publicizing of the State of Georgia ..------_----------------------....1970, 1989, 2073, 2215
DEPARTMENT OF FAMILY AND CHILDREN SERVICES
HB 544 HB 551
--Child welfare agencies; licensing and inspection.----._.--.------...----926, 1068, 1534
--Family Planning Services; provide .....--------.------------_,,.927, 939, 1069, 1298, 2618
DEPARTMENT OF INDUSTRY AND TRADE
HR 409 SR 27
--Mother of the Year; urged to give financial assistance and gifts.----..._____________2596
--Promotion of tourism; participation; amendment to the Constitution.----..1680, 1695, 1849, 1997, 2368
3034
INDEX
DEPARTMENT OF LABOR
HB 500
--Employment Security Agency; provide suitable offices --.._.--. 826, 935, 1365, 1783, 2261
DEPARTMENT OF MINES, MINING AND GEOLOGY HB 44 --Abolish _-----_-------------------________74, 96
DEPARTMENT OF PUBLIC HEALTH
SB 21 --Division of Mental Health-----------1143, 1537, 1666, 1992 SB 231 --Funds for correction of physical
defects to human anatomy----------1971, 1989, 1996, 2074 HR 24-44 --Gracewood State School and Hospital;
medical loans and scholarships; amendment to the Constitution...------74, 97, 482, 710, 2623
DEPARTMENT OF PUBLIC SAFETY
HB 126 SB 143 SB 75 HB 142
HB 247 HB 138
SB 26
HB 436 HB 437 HB 430 HB 197 SB 119 HB 90
--Certain vehicles marked and equipped with uniform fixtures--------163, 177, 187, 328, 2269, 2305
--Drivers' license; honorary to certain veterans ___--------.----_.----1535, 1538, 1667, 1687
--Drivers' licenses; Director may revoke upon conviction of certain offenses-___--654, 696, 744, 1992
--Drivers' licenses; expiration on birth date of year in which age is evenly divisible by five ----------._.----------182, 263, 1267
--Drivers' licenses; honorary to certain veterans --~_.----.... 348, 430, 483, 688, 2272, 2437
--Drivers' licenses; honorary to National Guard with 20 or more years of service --..--------181, 263, 484, 1597, 2614
--Drivers' licenses; revocation if convicted of theft of motor vehicle .----------------------------357, 414, 434, 485, 1021
--Drivers' licenses; revocation upon 3rd speeding conviction _________-..------....__----..728, 831
--Drivers' licenses; shall not be revoked for certain speeding violations ...___----___--.--__-..--.728, 831
--Drivers' licenses and registrations; Director shall dispense with certain actions.-----_726, 829
--Lane control signal devices; provide for._._--__.--___------. 297, 322, 435, 795, 2272, 2333
--License plates; issuance to certain disabled veterans ----------..-.1143, 1208, 1260, 1262
--Maximum permissible speed, certain weight and length.----------115, 129, 176, 227, 2613
SB 139 HB 405
HR 278 HR 334 SB 25
HB 45
INDEX
3035
--Operator's class driver license; increase minimum age --.._--..__--.1271, 1315, 1363, 1997
--Radio system; unlawful to use same wave length without written authorization of Director ....____......_._......_.._.. 658, 739, 1992
--Retirement; create study committee-....._._. 1078, 1688, 2606 --Special learner's permit to operator of
certain motor driven cycles; 14 or over--__.471, 552, 749 --Submission of certain information
by certain persons.-...-----..653, 695, 743, 841, 2128, 2157, 2206, 2403
--Use of timing devices and radar equipment ----...------.----__.76, 98, 307, 326, 1305
DESECRATION OF BURIAL PLACE HB 224 Punishment __,,..._.------.----..----.._343, 426, 584
DIVORCE HB 263 HR 121 HB 133 HB 260
HB 234 HB 259 HB 262 HB 26 HB 258 HB 261
HB 264
--Alimony; attorney's fees ..__._.._......_--------....._. 351, 433, 485 --Alimony payments shall cease
on wife's remarriage .___----___------,,..---__----__._----_ 162, 185 --Alimony payments shall cease
on wife's remarriage _----____....._--..180, 262, 356, 808, 2262 --Conduct of both parties may be
considered as to whether divorce may be denied ......____........____...._._--...........____.____..... 351, 432 --Grandparents' visitation rights under certain conditions ----.----.--------___----__ 345, 427, 485, 806 --Incurable insanity grounds for granting total divorce --_____.-..__--------_--__.....351, 432, 485 --Information which must be contained in petitions _..._____--------351, 433, 841, 1808 --Minor 14 or older may determine parent with whom he desires to live....._,,----------._--..71, 94 --Minor 14 or older may determine parent with whom he desires to live----___----_,,--___.350, 432 --Service by publication where defendant's residence not known for a period of 2 years _...___--...........,____._....____.--._.......351, 433, 841, 1045 --Temporary alimony; judge shall set application for hearing.__..____......---- 351, 433, 485, 1818
DOCTORS HB 533
--Collection of claims, judgments ____.......__....._.__.....__--.__924, 1065
3036
INDEX
HB 233 --Intern requirement to obtain license to practice medicine .,,__...__.....__......344, 427, 435, 486, 558, 810, 2615
HB 60 --Sterilization authorized for certain individuals _..-....-....._-89, 119, 435, 507, 2612
DODD COACH BOBBY
HR 389 --Commend .__.-.._..-.....__..._--..-__________,,.____._.-._...___2579
DOGS HB 37
--Killing of when pursuing deer; freedom of liability outside prescribed localities...--.._..73, 95, 1530
DOOLEY, COACH VINCE
HR 381 HR 394
--Commend ........_...........,,......_........._....___._..____._______.________..__.2574 --Commend ...___...____..,,._._.-.--____.--.____.__.-____.....-_._.____.._..2583
DOOLY COUNTY HB 619 --Coroner's salary.....-....---_.-._-_1127 ,1251, 1368, 1380, 2088
DOSTER, JEROME BROWN
HR 360
--State President, Georgia Society, Children of the American Revolution; commend --._----_--,__..__..._._...._._.__1754, 2093
DOUGHERTY COUNTY
HB 620
--Albany-Dougherty Hospital Authority; filling of vacancies ..--------..1127, 1252, 1266, 1380, 2089
DOUGLAS, CITY OP
HR 78-132 --Conveyance of certain tracts of State-owned property....................179, 261, 1268, 1473, 2623
HB 422 --Extend corporate limits-_._-.--_~~-662, 743, 749, 947, 1671
DOUGLAS COUNTY
HB 581
--Douglas County Development
Authority; create
_ 1120, 1245, 1265, 1369, 1856
Development Authority; create;
INDEX
3037
HR 85-135 --Douglasville-Douglas County Industrial Development Authority; create; amendment to the Constitution---180, 262, 354, 381, 1973
HB 580 --Employees' retirement ----__--1120, 1245, 1265, 1369, 1856 HB 582 --Superior Court, Clerk's salary--1120, 1245, 1265, 1370, 1856
DOUGLASVILLE, CITY OP
HR 85-135 --Douglasville-Douglas County Industrial amendment to the Constitution--180, 262, 354, 381, 1973
HB 581
--Douglasville-Douglas County Development Authority; create ----.---- -1120, 1245, 1265, 1369, 1856
DOVES HR 365
--State Game and Fish Commission to take appropriate action for zoning State--------------1758, 2093
DRAFTS HB 333
--Worthless; misdemeanor if person knowingly draws, makes or delivers__.____----__471, 552
DRIVER EDUCATION COURSE
HB 125
--Included as part of curriculum of all public high schools.-------------------.--163, 187, 557
DRIVER'S LICENSE (See Dept. Public Safety)
HB 430
HB 142
SB 143 HB 247 HB 138
SB 139
SB 26
SB 75
HB 436 HB 437
--Department of Public Safety Director shall dispense with certain actions.--__--.___...726, 829
--Expiration on birth date of year in which age is evenly divisible by five...----._......--.--182, 263, 1267
--Honorary to certain veterans ---------1535, 1538, 1667, 1687 --Honorary to certain veterans--348, 430, 483, 688, 2272, 2437 --Honorary to National Guard with
20 or more years of service.--------181, 263, 484, 1597, 2614 --Operator's class; increase
minimum age --------------------_-1271, 1315, 1363, 1997 --Revocation if convicted of theft
of motor vehicle..----.------------357, 414, 434, 485, 1021 --Revocation upon conviction of
certain offenses _.__.......----_---------654, 696, 744, 1992 --Revocation upon 3rd speeding conviction.--------.----728, 831 --Shall not be revoked for certain
speeding violations ----------_._._--_.._....__.728, 831
3038
DRUGS SB 158 HB 561
HB 24
SB 168
HB 221 HB 298 SB 80
INDEX
--Dispension by pharmacists----._ ..1684, 1694, 1848, 1996, 2381 --Driving motor vehicle while under
influence; chemical analysis.._------__.1055, 1133, 1267, 1626 --Narcotic; penalty for operating motor
vehicle under influence --------------_--.-----...70, 93, 436 --Narcotics; selling or furnishing to
minor shall be life imprisonment in lieu of death penalty------,,---._......1863, 1897, 1968 --Prescription; exclude Sales Tax....____,,__..........342, 425, 942 --Sales tax; exempt.------.....____........_.__...._._.__424, 479 --Unlawful to procure administration under certain circumstances.--.---- 556, 567, 583, 840, 1961
DRUNKENNESS
HB 155
--Violation of traffic, game, fish or boating laws; cash bonds--.------------254, 302, 436, 534
DUBLIN, CITY OP
HB 520 --City Court; judge and solicitor, salary .._.------._..-.920, 1063, 1265, 1275, 2087
HB 723 --Maximum tax millage increase- 1515, 1660, 1686, 1868, 2256 HR 215-454 --Merge school system with Laurens County;
amendment to the Constitution--...732, 835, 939, 967, 1975
DUNCAN, REV. CHARLES C. --Prayer offered by--_--------._._...--_._..--------_.....----_...252
E
EARLY COUNTY HB 10 --Sheriff's salary ------_..._----....--------.51, 81, 165, 168, 1145
EASTERN STANDARD TIME HB 54 --Designate time line which shall prevail._._--------79, 100, 356
EAST POINT, CITY OF HR 62-110 --Conveyance of certain real property owned by the State Highway Department ----... 159, 183, 325, 367, 2421, 2533
SB 150 SB 148
INDEX
3039
--Elections on annexation ._...------------_ .------1144, 1208, 1260 --Ward "A"; annex certain
territory --_------.-------------- 1144, 1208, 1260, 1687, 1708
EAVESDROPPING HB 18 --Penalty --------------.------------_---------_.._........... 53, 83
ECONOMIC AND INDUSTRIAL DEVELOPMENT --Interim Committee Report------------------------------2772
EDUCATION (See Schools, Teachers)
HR 34-48 --Area school districts; establish; amendment to the Constitution ------77, 79, 242, 273, 1142 1615, 1972
SR 38 --Area school system and area schools; establish; amendment to the Constitution -----1863, 1987, 1995, 2072, 2424, 2472, 2538
HR 350 --Bible reading prayer in public schools; encourage--_----1746 HR 308 --Care and Training of Pre-School
Children Study Committee; create--_------------.--------1283 SB 45 --County Boards; board members'
compensation _.-----1365, 1537, 1666, 1685, 2193, 2269 HR 341 --Create committee to study problems
and facilities --_--------------------------------_----__1547 HB 125 --Driver Education Course included
as part of curriculum of all public high schools ------------------._------163, 187, 557 SB 11 --Georgia Educational Improvement Council; provide for additional members .------ ------.---------- 555, 567, 583, 1366, 2136 SB 145 --Georgia Higher Education Assistance Corporation; budget unit within State Government --------------1683, 1693, 1848, 1998, 2202 HB 292 --Local units of administration; funds for maintenance and sick leave expenses ----_.----------------. 423, 478, 666, 1335, 2272, 2338 HR 269-571 --Maximum tax millage levied by counties; amendment to the Constitution.----__._._.__.__1058, 1136 SB 221 --Minimum Foundation Program of Education Act; funds to modernize school capital facilities ------------..1986, 1994, 2075, 2076 SB 109 --Minimum Foundation Program of Education Act; sick leave expenses by local units of administration.------------1270, 1314, 1362 HB 310 --Minimum Foundation Program of Education Act; State and local government participation_--.466, 548
3040
INDEX
HR 343 --Public School Personnel Retirement Study Committee; create ------------------1550, 1688, 2610
HR 270-571 --Sales tax; amendment to the Constitution______..--1058, 1136 HB 481 --Sales tax; exempt certain
private schools ..__... --_--______--822, 932, 942, 1105, 2261 HR 33-48 --School districts; additional debts
and temporary loans; amendment to the Constituion--------------__77, 99, 242, 272 HB 209 --School bus drivers; establish minimum salaries ..__--_--299, 324, 354, 525, 1536 HB 297 --School lunch program personnel; minimum wage --------------------424, 479, 666, 797, 1262 HR 306 --School lunch room personnel; create committee to study salaries.--------------------1281, 1689 SB 173 --School property tax; use of appraisals ------------1851, 1897, 1969, 2078, 2421, 2517 HB 538 --School superinendent's office; minimum salaries for clerical personnel----------925, 1066 HR 351 --Special Milk Program for Children; federal appropriations _------...------._..--.--...--._____--1746 HR 122-236 --State Board; add five members; amendment to the Constitution----------------345, 428, 666 HB 699 --State Board; authorized to grant grants-in-aid and scholarships--.------.----__----1344, 1522 SR 29 --State Board; election of members; appointment of State Superin tendent of Schools; amend ment to the Constitution--------------1684, 1695, 1850, 2076 HR 146 --State Board; establish experimental 12-month school programs ----------.----------_----412, 1689 HR 300-699 --State Boards; grants-in-aid and scholarships to teachers; amendment to the Constitution.._--------------1345, 1522 HR 393 --State Board; local units of administra tion; minimum standards for personnel..----------------2583 HB 46 --State Board; provide education for persons under control of other departments and agencies----------76, 98, 557, 1109, 2613 HB 386 --State Department of; General Appropriations Act; supplement--.------------575, 664, 1262 SB 56 --State Superintendent of Schools; compensation ------------1271, 1311, 1360, 1863, 2410, 2625 HB 539 --State Superintendent of Schools; qualifications ----------------__--------_.--_925, 1067, 1366
HR 35-48 --Taxation; increase or remove under certain conditions; amendment to the Constitution ------------------------------------.--.....77, 99
HR 346-770 --Taxation for school lunch purposes; amendment to the Constitution........1656, 1843, 1864, 2038, 2061
INDEX
3041
HB 659 --Teachers; declared legally recognized profession ----------------1237, 1353, 1365, 1796
HR 300-699 --Teachers; grants-in-aid and scholarships; amendment to the Constitution----1345, 1522
HR 307 --Teachers Merit Pay Scale Study Committee; create --------------_...----_._.._......-.1282, 1689
HB 169 --Teachers' Retirement System; additional member; Board of Trustees ___..__._.......------.._--------.------258, 305, 666, 1227
SB 98 --Teachers' Retirement System; annuity and annual pension allowance -----------...............-1074, 1207, 1259, 1864, 2415
HB 343 --Teachers' Retirement System; Board of Trustees; members' terms and appointment .--------_----_...---------_..--......473, 554, 557
SB 62 --Teachers' Retirement System; credit for armed forces service for future members ----.._----.........----------1308, 1312, 1361
HB 379 --Teachers' Retirement System; credit for military service .... -------.....545, 581, 1262, 1770
SB 66 --Teachers' Retirement System; credit for out-of-state service for future members --------------1308, 1313, 1361, 1685, 2357
HB 176 Teachers' Retirement System; include Director, Associate Directors, Georgia Council on Education.,,...259, 306, 354, 789, 2095, 2295
HB 724 --Teachers' Retirement System; method of computing member's service retirement allowance ----------------.--1515, 1660
SB 135 --Teachers' Retirement System; payment of certain contributions_..1536, 1693, 1848, 1864, 2163
SB 174 --Teachers' Retirement System; voluntary contributions ----.--------1537, 1538, 1667, 1864
SB 85 --Teachers Statewide Tenure Law; create----_1074, 1206, 1259 HR 374 --Teachers tenure; create committee to study.----------_--1895 HR 105 --Teacher Tenure Law Study
Committee; create ----------------------.....------ 248, 1688 HR 238 --Uniform transcripts for high school
student records; create committee to study--..._--..--..-------------------784, 1688, 2597 SB 123 --Wildlife and forests; required curriculum in all public schools----.1535, 1538, 1666, 1864,
2199
EDUCATION IMPROVEMENT COUNCIL, GEORGIA
HB 241 SB 11
--Certain officials' per diem expenses while attending meetings --..----347, 429, 557, 1793, 2615
--Provide for additional members-------555, 567, 583, 1366, 2136
3042
INDEX
EGAN, MICHAEL J. JR.
HR 179 HR 378
--Congratulate -------------- ........--------------------.--------568 --Commend --.----__--.----------_..----------___------.--... 2572
ELBERTON, CITY OF
HR 288-658 --Recreation program; establish and maintain; amendment to the Constitution --------------.1237, 1353, 1367, 1554, 2622
HR 42-55 --Elbert County--Elberton Recreation program; establish Authority; create; amendment to the Constitution _--------.88, 118, 189, 199, 1971, 2066
ELECTIONS (See Voting)
HB 180 --Ballot labels on voting machines; designate letter or number on reverse side .--___.--_--......--....--.___..------------------260, 307
HB 147 --Bond issue; legal advertisement---...--..253, 301, 311, 1267 HB 283 --Candidates without opposition shall
be declared party nominee_._.421, 476, 748, 1317, 2095, 2110 SB 178 --Candidates' qualifying time
in primaries ..___._--..----1364, 1457, 1527, 1685, 1929 HB 300 --Change number of electors a
person shall assist __...._----..----424, 479, 1263, 1820, 2262 HR 395 --Election Laws Study Committee; create..----..------..----.2584 HB 58 --Filing of disqualification lists with
Registrars and the Attorney General..................89, 118, 190 HR 213-444 --Freeholders only may vote in bond
elections; amendment to the Constitution.....------..._730, 833 HB 370 --Georgia Election Code;
municipal primaries and elections; regulation ----.....543, 579, 668, 1044, 1115, 1698 HR 165-371 --Governor; election returns; amendment to the Constitution._............----........._.._ 543, 580 HR 32-48 --Residence requirements; amendment to the Constitution ------._..----_.......----.....77, 99, 436, 530 HR 166-371 --Residency requirements; amendment to the Constitution...------.544, 580, 748, 1220, 1277, 1646,
1696, 2057, 2621
ELECTION BOARD, STATE
HB 82 --Mrs. Harry B. Williams, Jr. elected as member....----..........,166
ELECTION LAWS STUDY --Interim Committee Report ,,------.___.......----.......--......--2724
INDEX
3043
ELECTRICAL CODE, NATIONAL
HB 179 --Adopt; State Fire Marshall shall enforce_----------260, 306 HR 302-699 --Create study committee ----..__-___--------1345, 1522
ELKS CLUB OF SAVANNAH HR 371 --Commend ----.--------------------------_.------__.------1893
ELLARD, GLENN W. --Elected Clerk of House----------------..... ----------------.12
EMANUEL COUNTY
HR 123-236 --Conveyance of a certain tract of land ---.._.--------------346, 428, 486, 694, 2620
HB 409 --Sheriff's salary .-------------------660, 740, 748, 945, 1671
EMINENT DOMAIN
HR 147-301 --Change in venue; amendment to the Constitution ----------------------------------425, 479
HB 323 --Define "just and adequate compensation" _---------.469, 550, 748, 877, 2434, 2497
HB 272 --More efficient method of service upon non-residents --------------419, 475, 1263, 1641, 2615
HB 273 --More efficient method of service upon non-residents ------419, 475, 1263, 1643, 2273, 2462
HB 376 --Notices to known non-resident property owners---_545, 581 HB 143 --Property for State-aid roads;
borrow pits; drainage ditches ----------..._--182, 264, 666 SB 76 --Service upon non-residents ---.-1270, 1313, 1362, 1991, 2383 HB 270 --Service upon non-residents.-------...... 418, 474, 1263, 1639
EMPLOYEES; STATE HB 396 --Minimum hourly wage paid certain employees--__----656, 738
EMPLOYEES' RETIREMENT SYSTEM, STATE
SB 137
--Future employees' benefits under involuntary separation provisions -----........... -...-.1535, 1538, 1666, 1991
3044
SB 60 HB 382
HB 716 SB 3
INDEX
--General Assembly; disallow
credit for service as a member ...----------.1307, 1312, 1360
--Reopen survivors benefits for
certain persons ------------------..----------546, 582, 1264
--Service credits after 65_.
.----.--1348, 1525
--Superior Court Judges and
Solicitors General and Judges
and Solicitors of Inferior Courts
Retirement Fund; create----------.417, 437, 480, 1532, 2514
EMPLOYEE SAFETY
HB 398
--Employer must maintain safe employment facilities ----.------.--------------...657, 738
EMPLOYMENT SECURITY AGENCY
HB 500
--Department fo Labor to provide suitable offices ------.------------826, 935, 1365, 1783, 2261
EMPLOYMENT SECURITY LAW
HB 39
--Real estate salesmen; remuneration solely by commission shall not be deemed employment-------....-73, 93, 434, 893, 2613
EMPLOYMENT SECURITY PROGRAMS
HR 313
--Congressional Delegation urged to oppose federalization .--------....----------------------1310
EQUAL PAY HB 657
--Male and female for comparable work ------------.1132, 1257, 1341, 1368, 1780, 2096, 2279
ERWIN, REV. HENRY K. --Prayer offered by ...
... ................ ..........2210
ESTATES HB 368 HB 106
--Facilities for Superior Court Clerks to file wills of persons still living--________________........543, 579
--Probation of wills in solemn form conclusive to unnotified heirs --.----------._.,,------......126, 165, 356, 513, 2264, 2314
HB 165 HB 208
HB 35
INDEX
3045
Simultaneous deaths, distribution of property _._____.________.,,____,,___------.256, 303, 841, 1029, 2262
--Tax on income of estate or trusts; when taxable and when relieved _..__..-....._..........-....._.299, 324, 584, 869, 2615
--Wills; trustees, executors, administrators; distribution of assets -__........-............-._-_-.-..72, 95, 177, 238
ETHERIDGE, JACK P. HE 356 --Commend ._._____.__-.,,_.-..___-..--._._.__._1751
EVERETT, JAMES R. AND 3M COMPANY HR 228-489 --Compensate -,,._._..,,,,___._.,,_____------_.__.._..___.,,_------------823, 933
EXCISE TAX HB 373 --Motor Fuel Tax Laws; distributors-----....._-__.._544, 580, 1867
EXECUTORS HB 35
--Distribution of assets _____________..____-____._______72, 95, 177, 238
EXECUTIVE ORDER --Taxes; suspension of certain __._........,,_,,,,____,,,,___,,_----68, 69
EXPLOSIVES SB 36 HB 342
--Bomb scares; penalty for false information _______,,_ ,,.--_-,,-417, 437, 481, 1367
--Transporting; requirements ......_--.,,..._473, 554, 1267, 1822
F
FAIRBURN, CITY OF HB 107 --Extend City limits __.............._........_..._.1B8, 183, 308, 313, 1146
FAIR HOUSING LAW HR 197 --Create study committee ...____................._.........................625, 1689
3046
INDEX
FALSE STATEMENTS
HB 168
--Unlawful to make in writing regarding financial conditions .........___-__.______..........--.._.___.258, 305, 355
PAMBROUGH, JACK W. HR 51-88 --Compensate __..._..__._....._......___.__..........._..115, 128, 483, 641, 1979
FAMILY AND CHILDREN SERVICES, DEPARTMENT OF
HB 544 HB 551
--Child welfare agencies; licensing and inspection .__._.,___.-_.._____-....._,,.__.__ 926, 1068, 1534
--Family Planning Services; provide ........_....._......._.......__.._._.-..._.927, 939, 1069, 1298, 2618
FAMILY PLANNING SERVICES
HB 551
--Provided by certain State and County agencies ___.-......._.._-...............__.....___.927, 939, 1069, 1298, 2618
FANNIN COUNTY SB 17 --Superior Court; change terms _,,.-._..._... 187, 188, 264, 353, 371
FANNIN COUNTY AGRICULTURAL ASSOCIATION HR 27-44 --Compensate ......_....._...__.___.__.__.......__.......-_.._._.___.75, 97, 482, 639, 1978
FARMINGTON, TOWN OF HB 291 --Mayor & Council, election _.__._...............422, 477, 484, 564, 1147
FARM LAND, STATE OWNED --Interim Committee Report ...._--._,,--.-- _._,,._...._-_-- ....,,,,.----..2760
FARMS
HR 138-291 --Farming implements; exempt ad valorem tax; amendment to the Constitution _..--....._.....______......__422, 477
HB 255 --State Institutional Farms Division; create within Department of Agriculture ___....._....349, 431, 482, 720, 2092
SR 15 --Uniform tax assessment of land; amendment to the Constitution ___.__.________.___417, 437, 480, 486, 914, 1269, 2027
INDEX
3047
FEEDING STUFFS
HB 193
--Concentrated commercial; inspection fee ...-.-...._-....___...-___.._....295, 321, 482, 780, 939, 1602, 2083
FELONIES HB 50
--Capital; increase reward which may be offered by Governor _..___._.................78, 100, 177, 225, 2611
FERTILIZER HB 326
--Georgia Fertilizer Act of 1960; renewals of registration .__.____.-......-.._..._._..........__.._469, 482, 551, 804
FIELD CHAMBER SWEET MUSIC BANJO HR 339 --Commemorate group .._.,,.-..._.._..__,,____._.___--___,,__---_.----_.1545
FINANCIAL CONDITIONS
HB 168
--Unlawful to make any false statement in writing _________,,__,,,,._.__-_________,,__________,,______258, 305, 355
FIREARMS HB 559
--Crimes; carrying of ......_..._-_..________,,____._.._--..---...--.-.lOBB, 1133
FIRE DEPARTMENTS
HB 495
--Use of blue, alternately flashing lights on motor vehicles .........___..,,....__._. ......__825, 934, 1267, 1510, 2617
FIRE INSURANCE SB 34 --Inspection of property ..._._..._...._556, 567, 583, 1366, 1457, 1532
FIRE MARSHAL, STATE HB 179 --National Electrical Code; enforcement of ..........._.__.....260, 306
FIREMEN
HB 681 HB 51
--Maximum hours of work allowable -.__--___.____1241, 1357, 1532 --Pensions; change amount of monthly
benefits .........___.._................._..............78, 100, 665, 1031, 2611
3048
INDEX
FIRST CAVALRY DIVISION HR 167-375 --Relative to monument _____________.______545, 581, 666, 1466, 2620
FISCAL AFFAIRS SUB-COMMITTEE
SB 183 HB 543
--Create in Senate and House of Representativess _____________.1209, 1315, 1363, 1688, 2196, 2388
--Senate and House of Representatives; create ____.__926, 1067
FISH AND FISHING (See Game <md Fish)
HB 524 SR 62
HB 158
--Navigable streams; redefine to determine fishing rights ,,..__._____.._______..__--._._____._____.921, 1063, 1531, 1765
--State Game and Fishing Commission; authorization to stock lakes and ponds in State Parks _______........______________......_1850, 1896, 1968, 1995
--St. Andrews Sound, Cumberland Sound; prohibit net fishing during certain periods of the year __.._........_____........._.....__....255, 302, 353, 373, 1853
FITE, REVEREND DAVID
HR 375
--Georgia Delegation urged to secure release from Cuban prison ___....._.-.______._........._____._-........_......____2097
FITZGERALD, CITY OF HB 67 --Amend charter .__......__..._.-...............___.....90, 120, 189, 193, 1145
FLOWERS, L. H. HR 41-55 --Compensate ....___..........__.._..__........_..-._......80, 101, 482, 640, 1979
FLOYD COUNTY
HB 512 HB 511
HB 515
HB 644
HB 514 HB 698
Board of Education; annual audit ...,919, 1061, 1139, 1192, 1677 --Board of Commissioners; annual
audit __........_.___-__.-........_____-__-._......919, 1061, 1139, 1192, 1677 --Board of Commissioners; operate
under budget ___.__.......__..___.___.........919, 1062, 1139, 1193, 1677 --City Court; salary of Assistant Solicitor
and Secretary ..._-.._..____.._._.......1130, 1255, 1266, 1385, 1860 --Comptroller's salary ...___...............__919, 1062, 1139, 1193, 1677 --Floyd School District;
create ..........__.___.._......___._..__........1244, 1359, 1367, 1594, 1862
INDEX
3049
HB 513 --Hospital Authorities; annual audit ___________________--------------919, 1061, 1139, 1193, 2098
HR 246-528 --Sewerage and fire protection districts; establish; amendment to the Constitution-_922, 1064, 1139, 1178, 1977
HR 121-236 --State Library to furnish complete set of Georgia Law books ---------------345, 428, 483, 686, 1679
HR 247-529 --Street improvements in unincorporated areas; assessment; amendment to the Constitution ------------------------923, 1064, 1139, 1181, 1977
PLOYD, JAMES H. HR 386 --Wishing speedy recovery ----.--------------______--2578
FOLKSTON, CITY OF
HB 160 --Council posts ------------------------255, 302, 353, 374, 1149 HR 91-165 --Stabilized property tax program; amendment
to the Constitution ___--------____--------257, 304, 354, 396
FOOD ACT, GEORGIA
HB 325
--Regulate manufacture, sale, delivery, holding or offering sale of food ------.---------469, 482, 550, 875, 2616
FOOTBALL
--Sale of tickets regulated ----------465, 547, 748, 1232, 2616
FORD, DENNIS H. HR 92-165 --Compensate ._.________.---,,._-.-__.-_--------------------257, 304
FOREHAND, LEE HR 100 --Commend --.---------------------------------------------243
FORECLOSURES
HB 358
--Deficiency judgments on personal property, security agreements ------.------------------------540, 577
FORESTS AND FOREST PRODUCTS
HB 192
--Trucks transporting; new classification, license plates ------------------------295, 320, 436, 505, 1271
3050 SB 123 SR 15
INDEX
--Required curriculum of all public schools -________-.-.__...-.__-.___--......1535, 1538, 1666, 1864, 2199
--Uniform tax assessment of land; amendment to the Constitution .....___.__.........417, 437, 480, 486, 914, 1269, 2027
FORSYTE COUNTY
HB 281 HB 280
--Board of Commissioners; Chairman's expense allowance ..............__.._______.....420, 476, 484, 562, 1668
--Certain officials' salary ......___.__._____...420, 476, 484, 562, 1668
FORTSON, HON. BEN W., JR.
HR 403
--Communication from .._____.___.........._._-._.........._-....._........6, 9, 10 --Express appreciation _....._.....__ ........_....__.--..._.._..._.....__2591
FORT VALLEY, CITY OF HB 412 --Certain officials' salaries ........______._...660, 741, 749, 945, 1671
FORWARD GEORGIA COMMISSION HR 119-218 --Create .__.............___..........___.......__............_._______318, 352, 1688, 2216
FRANKLIN COUNTY
HR 150-304 --Conveyance of certain tract of land to Garner D. Crump .._____________.______465, 547, 750, 1017, 2624
HB 22 --Sheriff's salary ____.___.__.__.____.__________.______._._.70, 93, 189, 190, 1071
FULTON COUNTY
SR 61 --Acceptance of bid of Sonoco Products Company to lease certain land ______________ 1986, 1993, 2075, 2078, 2408
HR 309-709 --Acceptance of bid of Sonoco Products Company to lease certain State-owned property ________ 1347, 1524, 1534, 1948
HB 769 --Atlanta-Fulton County Recreation Authority Act; amend ________.____.____1656, 1843, 1866, 2012, 2096, 2619
HB 752 --Atlanta Stadium; employment of minors ____..._...____1518, 1663, 1667, 1689, 2043, 2273, 2449
HR 59-97 --Board of Commissioners; sanitary landfills within unincorporated areas; amendment to the Constitution ______.________.______117, 131, 189, 215, 652
HR 58-97 --Business in unincorporated areas; regulated by Board of Commissions; amendment to the Constitution ____-______.________.117, 130, 189, 212, 652
INDEX
3051
HB 78 --County police department; establish ________________________113, 127 SB 194 --Deputy Ordinary; provide for appointment____1680, 1694, 1849 HB 95 --Employees group insurance premium
payment ..... 116, 130, 189, 198, 1934, 1938, 2266, 2390, 2408 HB 637 --Judges Emeritus; office space and secretarial
assistance _______-------------------- 1129, 1254, 1268, 1387, 2255 HB 162 --Justice of Peace Emeritus, create ------______ 255, 303, 584, 697 SR 73 --Local Education Commission;
re-establish ----___----------------1863, 1988, 2072, 2076, 2229 SR 64 --Local Government Commission;
establish ----________,,_. 1853, 1897, 1969, 2215, 2222, 2223, 2516 HR 155-328 --Mental health; create committee to
study problems _----___________________470, 551, 1688, 2220 HB 215 --Pension disabilities; period of
service......----..----------------300, 325, 556, 557, 2266, 2288 HR 286-650 --Property repairs; expenditures established as liens;
amendment to the Constitution ------__.----1131, 1256, 1996 HR 60-99 --Recreational activities; Board of Commissioners
authorized to conduct; amendment to the Constitution ----_----____-----______118, 131, 189, 218, 653 HB 709 --Superior Court Judges Emeritus; method of payment __.____--------.1347, 1533, 1690, 1868, 2256 SB 234 --Taxation; minimum interest payment of $1.00 ________ 1852, 1898, 1969, 2078, 2215, 2223, 2229, 2625 HB 341 --Teachers and Employees; retirement refund __-._.-------------------------473, 553, 558, 593, 2254 HB 339 --Teachers and Employees; retirement ..__--------.----------------..472, 553, 558, 592, 2265 HB 340 --Teachers and Employees retirement; designate dependent as beneficiaries ----------.--.472, 553, 558, 593 HR 348-789 --Transfer of certain real property ------------------------1660, 1846, 1997, 2053, 2621 HB 84 --Zoning and planning decisions --------------------------114, 128
FUNERALS HB 527 HB 298 SB 77 SB 78
--Burial caskets and vaults; prohibit sale at retail except by licensed funeral directors ...______________ ____._922, 1064
--Burial caskets, coffins and vaults; exempt sales tax ___----------------____,,------__________--424, 479
--Georgia State Board of Funeral Services; licensing of funeral establishments ______ 1143, 1206, 1258, 1369, 2162
--Pre-need funeral service contracts ___________________________ 1144, 1206, 1258, 1369, 2158, 2388
FUNERAL SERVICE BOARD
HB 397
--State Board of Funeral Service; change composition _____.-------- _--------------____ 656, 738
3052
INDEX
G
GADDIS, M. J. HR 95-165 --Compensate _._.........__._._...._..___......_..__....257, 304, 665, 788, 1980
GAINESVILLE, CITY OP
HB 648
--Employees' Retirement System; certain changes ____-..____________.___1130, 1255, 1266, 1385, 2084
GAMBLING HB 96 HB 53 SB 1
--Devices shall not be computed as business deductions; Income Tax __...._...__._..._117, 130, 241, 365, 2613
--Lottery tickets; possession unlawful ......__.__.____....__._........___79, 100, 356, 515, 2271, 2317
--Occupational tax stamp; prima facie evidence ________.417, 436, 480, 1532, 2140, 2155, 2268, 2359, 2389, 2392
GAME AND FISH COMMISSION, STATE
HB 369
HB 664 HB 3 HB 37 SR 62
HB 767 HB 530 HR 365
--Deputy Wildlife Rangers of the State-at-Large; appointment _______543, 579, 747, 865, 2420, 2488, 2538, 2546, 2564, 2625
--General Appropriations Act; supplement ..._-.._...____...____.1132, 1260, 1261, 1609, 2266, 2275
--Increase certain license fees ____._______._49, 80, 87, 174, 652, 1074 --Killing of dogs pursuing deer; freedom of liability
outside prescribed localities ______...--_______...___--...73, 95, 1530 --Lakes and ponds owned by the State and located
within a State Park; authorization to stock __.._.,,_.,, .1850, 1896, 1968, 1995 --Purchase of passenger carrying vehicles; remove provisions ----.--,,.--_--.------_-------...-----1521, 1665 --Purchase of uniforms for employees __-..-____-...____.......__-_.....-923, 1065, 1531, 2045, 2618 --Zoning for purpose of shooting doves; take appropriate action --____-,,-,,_--,,,,,,---.__------_.---1758, 2093
GARDEN CITY
HB 489
--Mayor and Councilmen; additional powers ____........___..__.__...._____.....823, 933, 941, 1154, 2095, 2105
INDEX
3053
GARNISHMENT
HB 161
--Shall not be issued against wage until 30 days after final judgment ..................255, 303, 485, 620, 695, 745
GARRETT, EASTER FAYE HR 231-494 --Compensate ___.___._.__._..._________________________.825, 934, 1262, 1461, 1982
GARRISON, W. B. HR 79-132 --Compensate _______.______._____.______._____._..._______.179, 261, 665, 788, 1980
GASOLINE HR 342 HB 373
HB 136
HB 374 HB 55
--Motor Fuel Tax Law; create committee to study __,,.___..1549 --Motor Fuel Tax Law; excise tax upon all
distributors; amend .............-...________._-..__---.....544, 580, 1867 --Motor Fuel Tax Law; refund to counties and
incorporated municipalities _.____________180, 262, 355, 651, 702 --Sales tax; exempt ,,.__..._.._.___,,...........544, 580, 1867 --Sales tax on motor fuel for watercraft;
certain exemptions ____________________........79, 101, 177, 223, 2612
GENERAL APPROPRIATIONS ACT (See Appropriations, Budget)
HB 1
HB 2
HB 693 HB 386 HB 664
HB 691
HB 198
--Supplement ...--49, 80, 110, 139, 152, 156, 157, 910, 910, 912, 1045, 1046, 1047
--Supplement ........49, 80, 110, 140, 145, 152, 154, 156, 157, 910, 912, 1046, 1047, 1050
--Supplement; Department of Public Health _.,,___.___1243, 1359 --Supplement; State Department of Education ____575, 664, 1262 --Supplement; Game and Fish
Commission _______._.______....1132, 1260, 1261, 1609, 2266, 2275 --Supplement; Governor's Emergency Fund; State
Board of Corrections ...___...._.._1133, 1261, 1261, 1606, 2261 --Supplement; State Highway Department
Laboratory Building ___.._..._..___...........297, 322, 483, 715, 2614
GENERAL ASSEMBLY
HR 294-679 --A Bill raising revenue or appropriating money shall be passed in the calendar year in which it is introduced; amendment to the Constitution ..._.._1241, 1357
HR 318-719 --Apportionment; amendment to the Constitution ..-1349, 1526 SB 68 --Bills relating to retirement, pension or emeritus
systems must be introduced during first 10
3054
SR 81 HR 5 HR 16
SB 59 HR 2 HR 239 HB 478 SB 60 SB 83
INDEX
days of any Session _________.___.654, 696, 744, 1685, 2126, 2207 --Four year terms for members; amendment
to the Constitution ________.___._________.____.___________1970, 1989, 2073 --Joint Session to hear address by Governor ______________15, 49, 54 --Joint Session to hear address by Senator
Richard B. Russell and Senator Herman E. Talmadge ___.____._..,,..._......____.._......._____.83, 122, 137 --Local pension systems; credit for service ......1307, 1312, 1360 --Notify Governor that General Assembly has convened _-..._.--------_--_____________,,____________________________ 13, 48 --Pages; create Comittee to study ____......_.______..____785, 1688, 2599 --Provide for annual salary, expense and mileage for members .....___.______..______ 821, 931, 1264, 1503, 2267, 2326 --State Employees' Retirement System; disallow credit for service as a member ,,,,,,_--.._.. 1307, 1312, 1360 --Statements of fiscal explanation to accompany legislation expending State funds --1270, 1313, 1362, 1863
GENERAL TAX STUDY COMMISSION HR 280-602 --Create .......__-__.__.____--...._._......-........._...___________ 1124, 1149, 1269
GENEVA, TOWN OF HB 713 --New Charter _____.__.._____..__.______..___.....____ 1348, 1524, 1701, 2090
GENONE, ERNEST, JR.
HR 9-13 --Bibb County; release from all fi. fas.,
certain property _ ,,..
51, 82, 325, 358, 2261
GEORGE, HONORABLE WALTER FRANKLIN
SR 55 --Memorial to be placed in the
State Capitol
..
_ 1682, 1691, 1847, 1992, 2204
HR 256-552 --Memorial to be placed in State Capitol __..._._..... ...___.___927, 1069
GEORGIA ADMINISTRATIVE PROCEDURE ACT
HB 642 SB 90
--Amend ........_._________________........._....... 1130, 1254, 1264, 1787, 2619 --Optometry; appeals to certain
actions ..._____.._________.._................._.__938, 1205, 1258, 1263, 2157
GEORGIA AIR NATIONAL GUARD HR 83 --Commend _._.___..............__._--..._..__._...___......._.............._...._.166, 253
INDEX
3055
GEORGIA ART COMMISSION
HB 671
--Expanding scope to include performing arts ____-_-___--_____ 1239, 1355, 1689, 1912, 2619
GEORGIA ASSOCIATION JUSTICES OF THE PEACE HR 336 --Commend ____._..____________________._______,,_______,,,,,,_____.___________________. .1542
GEORGIA BIOLOGICAL PERMIT ACT
HB 560
--Enact in lieu thereof The Georgia Biologicals Permit Act of 1966 ______ 1055, 1133, 1263, 1645, 1814, 2618
GEORGIA BREEDER'S AWARD HB 790 --Establish .___.....,,.__.__.
_______________..___________..__________________2214
GEORGIA BUREAU OF INVESTIGATION
SB 25
--Submission of certain information by certain persons . ...............653, 695, 743, 841, 2128, 2157, 2206, 2403
GEORGIA 4-H CLUB HR 397 --Commend ____.___.._._____.____-.___......___...._______.__..________._......................_2586
GEORGIA DEPARTMENT OF WATER RESOURCES HB 509 --Create ___.__..__..........___.___.____._.._._._.____.._.828, 937, 1142, 1645, 1816
GEORGIA EDUCATION IMPROVEMENT COUNCIL
HB 241 SB 11
--Certain officials' per diem expenses while attending meetings ______________________....347, 429, 557, 1793, 2615
--Provide for additional members ._..____555, 567, 583, 1366, 2136
GEORGIA ELECTION CODE
HB 370
--Municipal primaries and elections; regulation _.__________..........._.__.__543, 579, 668, 1044, 1115, 1698
3056
INDEX
GEORGIA FERTILIZER ACT OF 1960 HB 326 --Renewals of registration; provide ___.__________..469, 482, 551, 804
GEORGIA FOOD ACT
HB 325
--Regulate manufacture, sale, delivery, holding or offering sale of food ____________________..... 469, 482, 550, 875, 2616
"GEORGIA-GEORGIA" HE 233-497 --Adopt as new official State Song ___.___..__.________..____________825, 935
GEORGIA HEALTH CODE
SB 73 HB 220
--Grants for medical facilities ........1536, 1692, 1847, 1866, 2132 --Information on certain patients released to
research groups ..................___.319, 353, 558, 815, 2267, 2459
GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION
SB 145
--Budget unit within State Government ____... ....___.__..___.___.___.1683, 1693, 1848, 1998, 2202
GEORGIA HIGH SCHOOL ASSOCIATION HR 180 --Commend ............._______........................._..__.________.__.....568, 585, 2093
GEORGIA INSURANCE CODE OF 1960
HB 166
--Domestic life insurers; establish separate investment accounts __.._..._______....._.. 258, 304, 747, 883, 2262
GEORGIA MILITARY ACADEMY HR 399 --Commend ______................___-_...-__.___.._____...................__........_..._.__..2588
GEORGIA MUNICIPAL ASSOCIATION
HB 443
--Social Security coverage; included under subdivisions _______.___.___..........__._..._.__729, 832, 1139, 1316, 2617
GEORGIA PORTS AUTHORITY
HB 202 SR 70
--Change membership ___._____...__....298, 323, 584, 1103, 2096, 2107 --Local assurer agreement with Chatham
County .._._._._ 1851, 1896, 1968, 2078, 2373, 2390, 2403, 2495, 2496
INDEX
3057
GEORGIA POULTRY FEDERATION HR 397 --Commend ________.__._....__._._.__..__.._-_____.___-....-.-._..._________.._._.._________._2586
GEORGIA PRISON INDUSTRIES ACT
HB 565
--Georgia Prison Industries Administration; purchase certain vehicles ....____________._______....1056, 1134, 1142
GEORGIA PUBLIC SERVICE COMMISSION
HB 683 HB 753 HB 638
--Authorize employees to carry pistols without a license _______________.__..._.___.._._.______._____1242, 1357, 1367
--Certificates of public convenience and necessity to radio common carrier corporations _.__________________1519, 1663
--Railroads; desigate standard signs and require use ________________...______________________________1129, 1254
GEORGIA STATE BOARD OF BARBERS
HB 219 HB 170
--Master barber; certification of registration, qualifications and requirements .._..................__.__318, 352, 435, 1931, 2267, 2312
--Resident requirements ___.___._.._________.____._.__...258, 305, 668, 1470
GEORGIA STATE BOARD OF FUNERAL SERVICES SB 77 --Funeral establishments; license --1143, 1206, 1258, 1369, 2162
GEORGIA STATE BOARD OF PHARMACY
SB 100
--Georgia Pharmaceutical Association; vacancies ,,__.-_-___-___-._..__.___.._--_.-________.-653, 696, 744, 840, 1963
GEORGIA STATE COLLEGE HR 196 --Change name to Georgia State University _.__________......624, 662
GEORGIA STATE SCHOLARSHIP COMMISSION
SB 144
--Agency within Executive Branch and budget unit of State Government ----1537, 1693, 1848, 1994, 1998, 2200
GEORGIA TECH-UNIVERSITY OF GEORGIA SR 20 --Football games; televising __..___.___....._._____._._.._.._......_...188, 247
3058
INDEX
GEORGIA WATER QUALITY CONTROL ACT
HB 335 HB 52
--Board; remove requirement of mandatory hearings ___.___.-__.....___.__..___..471, 552, 558, 904, 2420, 2535
--Water pollution control projects; grants to assist in construction ...._.,,._.,,.......79, 100, 435, 509, 2612
GEORGIA WATER RESOURCES COMMISSION HB 509 --Create ....__-____......_.__..........._____........__.828, 937, 1142, 1645, 1816
GEORGIA YOUTH COUNCIL
HB 98 --Create _______.._____.________.________-__..___________117, 131, 668, 908, 2613 GIBSON, DR. J. DOUGLAS
--Prayer offered by ...,,._,,_._--_......__.._--..._.......__.___._........______.1235
GIBSON, J. M. "HOOT" SR 7 --Designate bridge ._..__...__......._-.._..__._........_....___.307, 311, 325, 839
GILMER COUNTY
HB 61 HB 64
--Commissioner's salary ___.__________________.____89, 119, 189, 193, 2253 --Sheriff's salary ____________________________________.___.90, 119, 189, 193, 652
GINN, DR. D. PERRY --Prayer offered by _...._....._______.......___..-._...._......______.._.._......__.___2069
GLASCOCK COUNTY HB 518 --Sheriff's salary _.___..........__...........__920, 1062, 1140, 1195, 1677
GLENWOOD HILLS AMERICAN LITTLE LEAGUE HR 67 --Congratulate ._.__......_._._...._.__..........._____..........__...__....._....___._...133
GLORE, CLYDE HR 260-557 --Compensate _-..........___._..-._._....._...929, 1070, 1261, 1458, 1982
GLYNN COUNTY
HB 406
--Board of Commissioners; election of members .___,,________--_________--.659, 740, 1139, 1191, 1671
INDEX
3059
HR 201-431 --Brunswick and Glynn County Development authority; additiinal definitions; amendment to the Constitution ________________________ 726, 830, 1139, 1159, 1975
HB 588 --Business licenses __________________________.1121, 1246, 1367, 1372, 1856 HR 139-291 --Charter Commission; create to study consolidation
with City of Brunswick; amendment to the Constitution _________,,.______._...._______422, 478, 483, 615, 1974
GOLF TOURNAMENTS --Sale of tickets regulated ......._.__...__.._..465, 547, 748, 1232, 2616
GORDON COUNTY
HR 154-321 --Gordon County Development Authority; amendment to the Constitution ________________________.___468, 550, 667, 760, 1974
GOVERNMENT AGENCIES
HB 532
--End immunity of wrongdoings which amounts to negligence ______-.-......-..____.-..______......-.____.....-._--. 923, 1065
GOVERNOR
HB 50 --Capital felonies; increase reward which may be offered ....._.-.___..-..-....____._....____78, 100, 177, 225, 2611
SR 14 --Elect; succession; amendment to the Constitution __......_.______.,,.....___.....____.....____._..__. 1986, 1993, 2075
HR 165-371 --Election returns; amendment to the Constitution _...__543, 580 SR 83 --Mansion; disposal of present
tract of land .................._..____1986, 1994, 2075, 2078, 2505
GOVERNOR'S COMMISSION OP EFFICIENCY AND IMPROVEMENT IN GOVERNMENT SR 86 --Commend members .___...._...___.-.-...._-.-_______.........___.__.__.1863, 2569
GOVERNOR'S MANSION HR 262-571 --Disposal of land on which present mansion is located __......__...........___.._____.____.._._-.......1057, 1135, 1690, 2055
GRACEWOOD STATE SCHOOL AND HOSPITAL HR 24-44 --Medical loans and scholarships; repayment; amendment to the Constitution ........____74, 97, 482, 710, 2623
3060
INDEX
GRADE CROSSINGS
HB 408
--Automobile signalling devices, municipal streets .-.._-...,,.___.___-_.....,,___--...659, 740, 839, 1113
GRADY COUNTY
HR 347-789 --Conveyance of certain State-owned property ..____......___.__..__.........__.__..1659, 1846, 1992, 2047, 2621
GRANDPARENTS
HB 234
--Visitation rights under certain conditions .__.......-____....__..--........_...__.....--.__.345, 427, 485, 806
GRAND, L. P. HR 277
--State urged to acquire property in City of Atlanta to establish historical monument ._____....,,.......___............._.....__. 1077, 1534, 1759, 2093
GRANTS
HB 77 --Construction and maintenance of public roads; annual audit _.__-...-____..-.._______113, 127, 241, 457, 2264, 2319
HB 76 --Construction and maintenance of streets; municipalities provide annual audit _____...____...112, 126, 242, 371, 454, 2612
HB 699 --State Board of Education authorized to grant grants-in-aid ______..___,,_--..______,,.._.._____----________1344, 1522
HR 300-699 --Teachers; State Board of Education authorized to grant; amendment to the Constitution _----_____--1345, 1522
GRAY, CITY OF
HB 378
--Mayor and Council; office vacancies ...-.__........_-...-.-._...._.-._..._...545, 581, 667, 701, 1669
GREEN, CARL HR 208-438 --Compensate _.__.___.__..___.____...__._.__...__728, 831, 1075, 1216, 1981
GREENVILLE, TOWN OF
SB 99
--Provide for a mayor and councilmen ________.______________.____1071, 1207, 1259, 1367, 1388
INDEX
3061
GRIER, REV. J. D., JR. --Prayer offer by ____----------_------________________---......112
GRIFFIN, CITY OF HB 40 --Commissioner's salary __----_.--......._--...73, 96, 189, 193, 1145
GRINSTED, WALKER HR 258-557 --Compensate .....__----.--.._.-_-----._..._--._----..--__.....928, 1070
GUYTON, CITY OF
HB 428
--Mayor and Council-elect; fix date for taking office ______--.._..----....____725, 829, 940, 951, 1672
GWINNETT COUNTY
HB 721 --Board of Commissioners; salary ...__..__----____...___________________1350, 1526, 1533, 1702, 2085
HR 320-721 --County manager form of government; amendment to the Constitution ____...___.--1350, 1526, 1533, 1732, 2623
HR 242-504 --Fire protection and sewerage districts; establish; amendment to the Constitution .__--___----.______----. 827, 936, 940, 1174, 1977
HR 345-770 --Superior Court Clerk; power to issue criminal warrants; amendment to the Constitution ______.._.._________1656, 1843, 1865, 2009, 2420, 2464
GWINNETT JUDICIAL CIRCUIT SB 229 --Solicitor General's salary ._____--.______--________ 1984, 1993, 2074
H
HABERSHAM COUNTY
HR 80-132 --Board of Education; building funds; amendment to the Constitution __________________________ 179, 261, 308, 379, 2621
HB 458 --City Court; Judge and Solicitor, salary _________________..........__............ 733, 835, 940, 956, 1854
HAIRDRESSERS
SB 46
--Georgia State Board of Cosmetology; include persons who perform service on hair of diseased persons and wigs _________.______938, 1205, 1257, 1366, 2130, 2208
3062
INDEX
HALE, HON. MADDOX J. --Elected Speaker Pro Tern __._.___._...___...__...._.._.__.._,,___.. 12
HALL COUNTY
HB 770 --Board of Commissioners; provide for membership and districts ____________.__.____.__________.1656, 1843, 1866, 1999, 2257
HR 205-435 --Board of Education; appointment of School Superintendent; amendment to the Constitution ..... 727, 831, 939, 961, 1975, 1983, 1984, 2064
HB 779 --Certain officials' salaries _._______.1657, 1844, 1865, 2001, 2258 HR 187-399 --Conveyance of certain land owned by the State
Highway Department ..-..__._._______.657, 739, 842, 1085, 2625 HB 780 --Tax Commissioner's salary ____.___1658, 1845, 1866, 2001, 2258
HAMBY, HOWARD HERBERT, SR. HR 245-523 --Compensate .....______...._-_-.-..__._-__.......____.....-.......___.____._.....921, 1063
HAMILTON, G. B. HR 404 --Express appreciation ..-.--.-..._.--------.-.-..-..- ....2591
HANCOCK COUNTY
HR 195-421 --Hancock County Development Authority; create; amendment to the Constitution __..--..__._......____.667, 743, 748, 855, 1975
HANDICAPPED PERSONS
HB 391 HB 346 HB 319
--State buildings; certain specifications adhered to in order to make accessible for _.____..-...-._-...,,_____......655, 737
--Students; exemption on Income Tax .___.......___....538, 575, 938, 939, 1332, 2095, 2277
--Drivers of motor vehicles; use of flags or distress signals ......____._.........______-..-..468, 549, 841, 1106
HAPEVILLE, CITY OF
HB 100 SB 149 HB 93
--Employees' retirement __....-....._...__........125, 164, 189, 199, 556 --Exclude certain territory .._________.1144, 1208, 1260, 1687, 1708 --Extend corporate limits, jurisdiction _-.______116, 129, 189, 197
INDEX
3063
HARALSON COUNTY
HB 116 HB 183 HB 630
HB 115
--Commissioner's salary _______,,__.________.161, 185, 265, 313, 1072 --Sheriff and Ordinary; salary ,,,,,,,,___ 294, 319, 353, 375, 1072 --Tax Commissioner; provide for clerical
assistants .__..............-._..____._...._1128, 1253, 1266, 1383, 1859 --Treasurer's salary ............._.__._..._....____161, 185, 265, 312, 1072
HARBORS
HR 287-650 --Rivers and Harbors Development Commission; create _....._1131, 1256, 1268, 1464, 2539, 2562
HARPE, LEONARD I., SR. HR 362 --Commend ____.........._...-......._._.-..__.._..._.-...._.._...______...._-1755
HARRIS COUNTY
HB 573 HB 763
HB 574
--Sheriff's Deputies; salary .__._.....1059, 1136, 1140, 1273, 1679 --Small Claims Court;
create __________________________.______.1520, 1665, 1865, 1872, 2257 --Tax Commissioner's salary _._._____1059, 1136, 1140, 1273, 1679
HARRIS, HON. ROBIN --Floor Leader, Assistant; appointment of ____________________....._...16
HARRIS, WALKER C. HR 84-135 --Compensate __-______-____--____--___--_.--_____________________._---_180, 262
HARRISON, CITY OF HB 144 --Mayor and Council, election _......____....182, 264, 308, 314, 1148
HART COUNTY
HB 250 HB 249
--Clerk and Ordinary, salary ......_........349, 431, 435, 490, 1072 --Expenditures, remove provision
limiting cost _____,,_______________..____.________. 348, 430, 435, 490, 1072
HATCHETT, OTIS DAVID
HR 30-44 --Relieve as surety on appearance bond and cancel fi. fa. ............___.____.........-.____75, 98, 436, 493, 2620
3064
INDEX
HAWKINS, HONORABLE HERB C. JR. HR 332 --Commend .-.....-._.__..__..__-___---,,.....-...._.--..._._..._.--...........1539
HAWKINS, REPRESENTATIVE AND MRS. HERB C., JR. HR 104 --Congratulate ._,,.,,_.---...._--.---------- 246
HAZEL, REV. DON --Prayer offered by ....._____.._...........____.........___..........___._.._......_....416
HAWKINSVILLE, CITY OF HR 316-719 --Pulaski County-Hawkinsville Development Authority; create; amendment to the Constitution ___.__.__._-_______.1349, 1526, 1533, 1720, 2623
HEALTH AND HEALTH DEPARTMENT
HB 203 --City Boards; State Personnel Board provide for Health Insurance Plan for employees __________.____298, 323, 435
HB 217 --County Boards; change membership to include doctor of osteopathy ,,_____.--..________..------_._-318, 352
SB 41 --County Boards; mental health diagnostic and treatment services for chronically ill and aged _______________~~_1682, 1691, 1846, 1866, 2138, 2207
HR 24-44 --Department of; Gracewood State School and Hospital; medical loans and scholarships; amendment to the Constitution __.......-__74, 97, 482, 710, 2623
HR 392 --Department of Public Health; autonomous Division of Mental Health; create committee to study ___.....___....___.___--..,,_..._________.__..._..___________...........,,_2581
SB 92 --Department of Public Health; Day Care Centers for mentally retarded .._...________.__......583, 623, 665,1076, 2183
HR 373 --Department of Public Health; Day Care Centers for mentally retarded .-_.______.__.._....._.______-._...1894, 2215, 2601
SB 21 --Department of Public Health; Division of Mental Health ___.............___.._.._.........__1143, 1537, 1666, 1992
HB 178 --Department of Public Health; enforcement of plumbing code ____-......._______..__....___..-.._.____.____.-.....260, 306, 531
HB 551 --Department of Public Health; Family Planning Services; provide .....__....._..__..-...._.927, 939, 1069, 1298, 2618
SB 231 --Department of Public Health; funds for correction of physical defects to human anatomy .__.___.....___._________..........___._______.1971, 1989, 1996, 2074
HB 693 --Department of Public Health; General Appropriations Act; supplement _______._________________.1243, 1359
INDEX
3065
SB 73 --Georgia Health Code; grants for medical facilities _______._______....____. 1536, 1692, 1847, 1866, 2132
HB 220 --Georgia Health Code; information on certain patients released to research groups ____-___.......__....._..________....._.319, 353, 558, 815, 2267, 2459
SB 164 --Interstate Compact on Mental Health; State shall be a party to ___.._..._.____________....____._______1270, 1315, 1363
HR 325-754._--Mental health; nursing scholarships; under graduate training; amendment to the Constitution __.____.___.___._______.__________...__.._.._______1352, 1529, 1996
HB 321 --State Board; Department of Public Health; State institutions; ability of patients to pay ______.__.________._.______.__.___.___.____468, 550, 942, 1293, 1296, 2260
HEALTH INSURANCE PLAN
HB 48 HB 203
--State Personnel Board; exclude coverage of certain dental care ....~...____________76, 98, 355, 444, 2516, 2531
--State Personnel Board; provide for employees of City Boards of Health ___.___.___..._________________________.298, 323, 435
HEARD COUNTY
HR 265-571 --Heard County Development Authority; create; amendment to the Constitution ______.____________..___._._.1058, 1135, 1264, 1407, 2622
HENDERSON, J. H., JR. HR 235 --Commend _._._...._......________--____.....-_______._._.__........______._._____._______781
HENDRIX, GLENN HR 162-358 --Compensate ..,,__---.
540, 577, 1214, 1980
HENRY COUNTY
HR 221-467 --Board of Education; appointment of School Superintendent; amendment to the Constitution __..______._.._______________________735, 837, 940, 986, 1976
HB 467 --Board of Education; Chairman and members' compensation ....._______________._____..________.735, 837, 941, 957, 1675
HR 223-467 --Board of Education; members' terms; amendment to the Constitution ________ 736, 837, 940, 989, 1977
HR 222-467 --Henry County Development Authority; create; amendment to the Constitution ......735, 837, 940, 1013, 1976
3066
INDEX
HERNDON, T. R. HR 47-72 --Compensate ...._...______-...____....._._______._._._...92, 121, 483, 640, 1979
HIGGSTON, TOWN OP HB 188 --Extend corporate limits __-_______..___._._..295, 320, 435, 488, 1149
HIGHWAYS AND HIGHWAY DEPARTMENT
HR 147-301 --Condemnation proceedings; change in venue; amendment to the Constitution .,,______....,,___._____.--.425, 479
HB 201 --Construction and repairing; barricading and marking ._..._.___........__...__._........___........_............_297, 322, 666
SB 57 --Department of; acceptance of Federal aid ______..._______.._.._________...._.1682, 1692, 1847, 1996, 2360
SB 133 --Department of; extend merit system coverage to employees ____________________.._._.._____1271, 1314, 1362, 1531, 1956
HB 323 --Eminent Domain; define "just and adequate compensation" ,_______.__.._...._____469, 550, 748, 877, 2434, 2497
HB 272 --Eminent domain; more efficient method of service upon non-residents .._.____.______..______419, 475, 1263, 1641, 2615
HB 273 --Eminent domain; more efficient method of service upon non-residents ______.___..___.419, 475, 1263, 1643, 2273, 2462
HB 376 --Eminent domain; notices to known non-resident property owners _.__--_----_--__--.---_---___-----___..---545, 581
SB 76 --Eminent domain; service upon non-residents _______________________....___.1270, 1313, 1362, 1991, 2383
HB 270 --Eminent domain; service upon non-residents __....___...._-_____.._-.____...__.____-_418, 474, 1263, 1639
HB 143 --Eminent domain; State-aid roads; borrow pits; drainage ditches __._____._._,,_________._______.....______..__._. 182, 264, 666
HR 219 --Highway Maintenance Patrolmen; commend .____.,,--._..._--..693 HR 144 --Highway Study Committee create ____._.-_.._._-____410, 1688, 2605 HB 254 --Parked vehicles shall display lighted lamps
while raining ___._______._______.__________.________.349, 431, 436, 536, 647 HB 63 --Penalty for throwing or depositing trash,
garbage, etc. __...___.......___..________...._..________.....__..__..____._..90, 119 HB 109 --Penalty for throwing or depositing trash,
garbage, etc. _____._______.____-___159, 183, 354, 517, 569, 797, 2614 HB 187 --State Highway Department; certain contractors'
vehicles may exceed width and length requirements without special permit _______ 294, 320, 484, 895 HB 496 --State Highway Department; contract negotiations with municipalities ..__.-.....____..--______,,......____._...____--...825, 934 HB 105 --State Highway Department; relocation expenses, Federal-aid systems ______ 126, 165, 176, 666, 887,
2271, 2454 HB 127 --State Highway Department; subsistence
allowance, certain employees __._......._163, 187, 354, 532, 2614
INDEX
3067
HR 143 --State Highway Grants Study Committee;
create ___--...,,.-.-.._______-.-...---.__-.._______.__________.409, 1688, 2604
HR 368 --Trash and garbage; create committee to study
problems relative to dumping _____________.....____._,,_._.--_______.____ 1761
HIGHWAY BOARD, STATE
HB 375
--State Highway Board; expenditure of certain funds ,,__.______,,__..___....--_____._.__________-..._.544, 581, 839, 910
--Trice, Reginald, elected as member _____________________________308, 310 --White, Robert A.; elected as member ...__........___._.......__308, 309
HINSON, WILLIAM WAYNE HR 405 --Express sympathy for passing of --_--____----.--.,,__--.----..--2592
HISTORICAL DRAMA
HR 108
--Create committee to study establishment
at Jekyll Island
___________..... 250, 1688, 2603
HOLDEN, EARLE HR 369 --Express sympathy for passing of ______________ __________.______________1891
HOMESTEAD EXEMPTION
HR 268-571 --Change amount; amendment to the Constitution -- 1058, 1136 HB 135 --Redefine "homestead" ________.._____________________.__180, 262, 262, 1139 HB 438 --Taxation; deduction from fair market
value .._....__________._.-__-_-_-___-.....-___-_..___..________._728, 831, 1867
HONEYBEES SB 93
--Inspection of colonies by Department of Agriculture _______.-..________..-...____.. 1535, 1538, 1666, 1684, 2185
HOREN, MRS. JACQUELYN S. HR 212-444 --Compensate ___.____..__.__________._....______...__730, 833, 1075, 1217, 1982
HORSES HB 790
--Georgia Breeder's Award; establish ___._..______.._.._..._.________..2214
- 3068
INDEX
HORTON, WILLIAM FRANK HR 254-539 --Compensate .,,___._,,_________________________________...._...............____.925, 1067
HOSPITALS
HB 533 SB 73
--Collection of claims, judgments .__......._.___.___...__.._....__..924, 1065 --Georgia Health Code; grants for medical
facilities _...._..-....._____..........._._1536, 1692, 1847, 1866, 2132
HOSPITAL AUTHORITY ACT, STATE
HB 251 HB 579
--Bond issuance; increase amount .._.......___._......._........._..____._.....349, 431, 665, 1090, 2615
--County tax levy; retiring financial debts .____._.......____........___.__..........___.......__1060, 1137, 1263, 1500
HOSPITALIZATION INSURANCE HR 279 --Create committee to study ___..._____._..__
....... ..__.1079, 1689
HOTELS HB 558 HB 534
--Hotelkeepers on beaches; required to keep lifeboats ...........____......_.____....._.1055, 1133, 1263, 1634, 2618
--Posting copy of certain laws on room doors; change provisions -----__._____--..____-.._..,,____._,,...._...._.. 924, 1066
HOUSE OF REPRESENTATIVES (See General Assembly)
--Adjourn Sine Die .._.__.....___----__...____--...-.._.,,.._...__.._...__---2626 HR 318-719 --Apportionment; amendment to the
Constitution __...._____....____.....__..__.___.._.__..__.._._........_1349, 1526 --Contest seating Rep.-Elect Bond ------_,,,,-__-.__--_---__--___32 SB 183 --Fiscal Affairs Sub-Committee;
create ___-__._____.___.________~____-1209, 1315, 1363, 1688, 2196, 2388 HR 6 --Members; compensation, per diem ,,__,,_____--____-._--_-_-._,,----15 HR 50 --Minority Floor Leader; appointment of certain
personnel .__.__-....____..._______--__,,______--____.--....__-._-..._._,,._.--.103 HR 17 --Minority Leader; provide office space _,,...._.--,,--.,,_.----...85 HR 1 --Notify Senate that House has convened __.--_-__----_------__--12 HR 3 --Provide for attaches of House ,,.,,,,,,.,, -,,,,._,,_._ ..13 HR 337 --Relative to personnel and committees -._----..--_----____--.1542 HR 4 --Rules of House; adopt ._._,,_,,.-____.,,_.,,._____._,, ..14 HR 329 --Rules of House; amend ___._________________._.______._.__1546, 2215, 2528 HR 328-762 --Speaker shall be elected by secret ballot;
amendment to the Constitution __. _______....__._.__..._ -1520, 1664 HR 49 --Vacancy declared from 136th District ...._-..._._....-_____..._.__..102
HOUSING HR 197
INDEX
3069
--Fair Housing Law; create study committee ------------------------------ ---------625, 1689
HOUSTON COUNTY
SB 110 HB 593
--Board of Commissioners; Posts 4 and 5 separate from each other -----.....654, 696, 744, 1264, 1277
--Coroner's salary .....-----....--1122, 1247, 1265, 1373, 1857
HULL, JAMES M. JR. HR 385 --Commend --..------ .------------_.....-- ___._.----........................2577
HUNTING HB 218
--Deer; hunter must wear some fluorescent orange article of clothing --___.--------.318, 352, 747, 1110
HUTCHINSON, REP. R. S. --Remarks to House -----------------------.----._._--------83
HYDE, A. L. AND HAROLD HR 259-557 --Compensate .................---....--....929, 1070, 1261, 1459, 1982
I
ILLEGITIMATE CHILD
HB 563
--Putative father refusing to give security shall be guilty of misdemeanor-- ------------.....1055, 1134, 1267
INCOME TAX HB 299 HB 96 HB 469
--Allow deduction from gross income of Federal Income Tax........ .------...-----.--.--.---.-.....-424, 479
--Gambling devices shall not be computed as business deductions-------------117, 130, 241, 365, 2613
--Gross income of certain enlisted Armed Forces personnel, exclude.----------------736, 838, 839, 1092, 2617
3070
INDEX
HB 346 --Handicapped students; exempt...----538, 575, 938, 939, 1332,
2095, 2277
HB 47 --Personal exemption for student
dependents ._-_.-.--...----_------. .----76, 98, 486, 718, 2262
HE 128-247 --Persons serving in Viet Nam;
suspend . ----.... _--..._----_...._......... 348, 430, 483, 690, 2624
HB 380 --Retirement income not included in gross
income
_.._.--_.......___.__._.. 545, 581, 1867
INDIAN SPRINGS STATE PARK HR 312 --Provide appropriate convention facilities ______..__..._____.__-- 1309
INDUSTRIAL DEVELOPMENT --Senate Committee; Interim Report.___------._..._.----___._.--_ 2769
INDUSTRIAL FACILITIES
HR 20-44 --Public corporations created with power to issue revenue obligations; amendment to the Constitution .--.74, 97, 265, 362, 2619
INDUSTRIAL SAFETY COMMITTEE --Interim Report --------.--.... ._--------_------------..---------- .2778
INDUSTRIAL SECRETS
HR 304 HB 344
--Invasions of privacy and industrial espionage; create committee to study...----_......__..._.....------_______.1279, 2077, 2608
--Unlawful to steal or unlawfully obtain--.....-..-.......--..----..----...473, 554, 840, 1225, 2616
INDUSTRY AND TRADE, DEPARTMENT OF
HR 409 SR 27
--Mother of the Year; urged to give financial assistance and gifts ----..----.-- ..__------.... ------__... __.._------ ........--.2696
--Promotion of tourism; participation; amendment to the Constitution....----.....--1680, 1695, 1849, 1997, 2368
INFANTS HB 145 HB 113
--Phenylketonuria test administered to every infant of 28 days or less _----....----_----.__._._..._------_.--------... 182, 264
--Phenylketonuria test shall be administered....--.... ------------....160, 184, 840, 1026, 2260
INNS HB 534
INDEX
3071
--Posting copy of certain laws on room doors; change provisions _...._.----.---_....--.._________._._.924, 1066
INSPECTION OF MOTOR VEHICLES
HR 107
HB 350 HB 74
SB 121
--Motor Vehicle Inspection Study Committee;
create
---------.---.-__--.-- ._249, 1689
--Must pass before being sold to public---------- ---- 539, 576
--Safety belts required, all 1967 and later model
motor vehicles .------------------------ 92, 121, 484, 682, 695
--Safety belts required in order to pass
inspection ....__.___.___.._.----------.........__._1682, 1692, 1847, 1992
INSANITY HB 259
--Incurable; grounds for granting total divorce- 351, 432, 485
INSTITUTIONAL FARMS
HB 255
--State Division of; create within Department of Agriculture^...-..----------------349, 431, 482, 720, 2092
INSURANCE HR 166 HB 522 HB 216 HB 647 SB 34 HB 203 HB 48 HR 279 HB 14 HB 508 HB 206 HB 590
--Code of 1960; domestic life insurers; establish separate
investment accounts...._..._..._..._.._._.. 258, 304, 747, 883, 2262
--Code of 1960; Insurance Commissioner;
rate filings ----- ..... ........__..__.._.___........._.921, 1063, 1366
--Code of 1960; non-profit medical service corporations;
clarify certain definitions........__________..__.318, 352, 355, 637, 668
--Domestic stock and mutual insurers; subscriptions
for securities
. . 1130, 1255, 1530, 1811, 2619
--Fire; inspection of property .-556, 567, 583, 1366, 1457, 1532
--Health Insurance Plan, State Personnel Board;
employees of City Board of Health..__.. ------ 298, 323, 435
--Health Insurance Plan, State Personnel Board; exclude
coverage certain dental care - --76, 98, 355, 444, 2516, 2531
--Hospitalization; create committee to study....... --.--1079, 1689
--Licenses; examination of
applicants _._._ ..... ....---------- 52, 82, 355, 440, 2271, 2465
--Long Term Disability Insurance Plan for
State employees ........ .. . -----------------.828, 937, 1076
--Minimum capital required to be invested in
cash and certain type securities .. 298, 323, 747, 1620, 2260
--Municipal licenses; additional fee if engaged in
3072
INDEX
lending money _._ -..
,,,, 1121, 1246, 1864
HB 15 --Society of Chartered Property and Casualty Underwriters;
examination of applicants _____.._..._._.___.52, 82, 355, 442, 2612
INTANGIBLE PROPERTY TAX ACT OP 1955
HB 423
--Long-term notes secured by real estate; remittance by holder.._.........____...__...._._..___.._.........__662, 743, 838, 1322
INTERSTATE COMMERCE COMMISSION
HB 683
--Authorize employees to carry pistols without a license..... __._._._ ....._,, ...___......_...,,,,_____._..___.____1242, 1357, 1367
IRWIN COUNTY
HB 605
HB 606 HB 782
--Board of Commissioners; Clerk's salary.._..__.__........__._.__......_.____.___....1124, 1249, 1265, 1376, 1857
--Sheriff's salary.-..-.._.____.....-...._-.1125, 1249, 1265, 1376, 1857 --Tax Commissioner; create office. 1658, 1845, 1865, 2002, 2258
ISLANDS
HR 292-679 --State-owned; exempt ad valorem tax; admendment to the Constitution._..____-_...._.._.._..-.___--........._.__....1241, 1356
J
JACKSON, CITY OF HB 615 --Annexation of certain territory- .1126, 1251, 1265, 1379, 1858
JACKSON COUNTY
SB 206 SB 202
--Board of Commissioners; change salaries _..________.__.__..______.._._________...1985, 1990, 2074, 2215, 2225
--Sheriff's salary--------1985, 1990, 2074, 2215, 2226, 2389
JARVIS, J. A. HR 96-165 --Compensate ..__._......._..__... ________.._..........257, 304, 665, 789, 2263
JASPER, CITY OF
SR 79
--Jasper Industrial Development Authority; create; amendment to the Constitution__..___..__.._..__1971, 1988, 2073, 2077, 2243
INDEX
3073
JASPER COUNTY
HB 182 HB 643
--Sheriff's salary...___...___...___.. 294, 319, 353, 375, 1149 --Treasurer's salary.--------------1130, 1255, 1266, 1384, 1860
JEFF DAVIS COUNTY
HB 686 HB 685
--Sheriff's salary--------___._--------------1242, 1358, 1368, 1592 --Tax Commissioner's salary, 1242, 1358, 1368, 1591, 1987, 2331
JEFFERSON, CITY OF HB 766 --Annexation of territory.--1521, 1665, 1991, 2004, 2265, 2330
JEFFERSON COUNTY
HB 434 HB 435
--Coroner's salary.--------------------------727, 830, 940, 952, 1672 --Treasurer's salary.------------------727, 830, 940, 952, 1672
JEKYLL ISLAND
HR 108
--Historical drama; create committee to study establishment.....------....--.--......_.__._._-250, 1688, 2603
JENKINS COUNTY
HR 285-636 --Convey certain property to United State Department of the Interior, Fish and Wildlife Service------1129, 1254, 1268, 1462, 2621
HB 184 --Sheriff's salary....-.....----------.--.294, 319, 353, 376, 1149
JESUP, CITY OF
HB 639 HB 640
HB 738
--City Court; terms.--....----.----.._ 1129, 1254, 1266, 1383, 1859 --City Manager and Recorder;
salary.----_--------------------.----.1129, 1254, 1266, 1384, 1859 --Extend corporate limits --..........1351, 1528, 1686, 1703, 2091
JOHNSON, LYNDON BAINES
SR 125
--President of U. S. invited to meeting in Rome, Georgia.....--------.-- ..----._-..--------- 2221, 2271
JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM HB 569 --Fixed benefit plans .----.1057, 1134, 1263, 1604, 2434, 2452
3074
INDEX
JOINT SESSIONS
HE 5 HR 16
--To hear address by Governor.,,..._ __........ ,,.._..... 15, 49, 54 --To hear adress by Senator Richard B. Russell and
Senator Herman E. Talmadge.--..-.-....-_-.-83, 122, 137
JUDGES
HB 68 --Court of Appeals and Supreme Court; change salaries-.....-91, 120, 177, 281, 1851, 1936, 2156, 2268, 2341
HR 314-719 --Retirement, pension and emeritus programs; create study committee....._.__--__.___--.........1349, 1525, 1689
HR 29-44 --Superior Court; election; amendment to the Constitution------....._--_.----._.._------.75, 98, 355, 449, 2620
HR 77-124 --Superior Court; election; amendment to the Constitution.-.-..-....--.......................--........ 163, 186, 356, 486
SB 65 --Superior Court, Emeritus; retirement benefits; disallow credit for service as member of the General Assembly._-...._.._.._,,_..,,_,,..___________1308, 1313, 1361
HB 431 --Superior Court, Emeritus; Governor may call to serve in any Superior Court _._,,_........._.__..--...._..___.__._,,_.__-726, 830
HB 123 --Superior Courts, Emeritus; limitation of funds received ...........__..___..,,.__-.,,..__.__.____._..._._. 162, 186, 356, 2041
HR 141-291 --Supreme Court; Justices, Court of Appeals; qualifications; amendment to the Constitution ...423, 478, 840
HB 290 --Superior Courts; may request any judge emeritus to serve in judicial circuit of judge making request--.422, 477, 748, 1286, 2264, 2287
SB 3 --Superior Court Judges and Solicitors General and Judges and Solicitors of Inferior Courts Retirement Fund; create,,... . . 417, 437, 480, 1532, 2514
SB 127 --Traffic Violations Bureau; establishment outside corporate limits_ . 938, 1205, 1258, 1367, 2171, 2268
HB 372 --Traffic Violations Bureau; may provide for establishment outside corporate limits of municipalities ......... 544, 580
JUDGMENTS HB 358
--Deficiency judgments on personal property after foreclosure, security agreements- ......_._. . ._..... 540, 577
JUDICIAL CIRCUIT
HB 631 HB 617
--Blue Ridge Judicial Circuit; Judge's allowance for clerical personnel..........---1128, 1253, 1264, 1468, 1859
--Stone Mountain Judicial Circuit; Official Court Reporter's salary ......._ 1126, 1251, 1266, 1380, 2265, 2304
INDEX
3075
HB 163 --Alapaha Judicial Circuit; Solicitor General's salary ..._.___._...__ . .------ --------. 256, 303, 353, 374, 1667
HB 94 --Atlanta Judicial Circuit; compensation of certain officials------ -----..------------ 116, 130, 189, 198, 652
SB 204 --Atlanta Judicial Circuit; manner in which judges shall dispose of business _ ------...--.. 1984, 1990, 2074
HB 746 --Brunswick Judicial Circuit; Assistant Official Court Reporter, provide for .... ....1517, 1662, 1687, 1869, 2256
HB 445 --Chattahoochee Judicial Circuit; Solicitor General's salary ------ ................... ._.--._.. 730, 833, 940, 947, 1672
HB 684 --Chattahoochee Judicial Circuit; Supplement paid by Muscogee County ..._..--------. 1242, 1358, 1368, 159-1, 2084
HB 562 --Clayton Judicial Circuit; Court Reporter's salary ..---- ....... ............ . ... 1055, 1133, 1140, 1272, 1678
HB 750 --Cobb Judicial Circuit; Compensation of Judge received from Cobb County...._._----_._.- 1518, 1663, 1687, 1870, 2263
HB 537 --Cordele Judicial Circuit; Solicitor General's salary----.----_.--------...---925, 1066, 1263, 1497, 1855
SB 229 --Gwinnett Judicial Circuit; Solicitor General's salary-..-----.---.----..-------------.- 1984, 1993, 2074
HB 352 --Lookout Judicial Circuit; Judge's salary---- ...--.. 539, 576 HB 296 --Lookout Mountain Judicial Circuit; add additional
Judge -------423, 479, 1140, 1141, 1204, 1303, 1340, 1475 HB 475 --Northeastern Judicial Circuit; provide two
judges.-----------..-----. --- 820, 931, 1263, 2049, 2546 HB 130 --Pataula Judicial Circuit; Solicitor-General's
salary ------- -_._.._....... 179, 261, 308, 314, 1148 HB 645 --Rome Judicial Circuit; Assistant Solicitor and Clerk-
Typist, salary..-.-------- .. 1130, 1255, 1264, 1387, 1860 HR 120-236 --Rome Judicial Circuit; State Library to furnish certain
law books- - ..--------. ._.--------.._ 345, 428, 483, 684, 1679 HR 77-124 --Solictors-General; election; amendment to the
Constitution ---- ---.------------.---163, 186, 356, 486 HB 603 --Stone Mountain Judicial Circuit; Assistants to
Solicitor, appointment--1124, 1249, 1264, 1485, 2266, 2301
JUNIOR R.O.T.C. HR 340 --Georgia Delegation urged to support--. ............... 1546
JUNK YARDS
SR 25
--Removal; amendment to the Constitution---- .---------1365, 1537, 1666, 1991, 2360
JURIES AND GRAND JURIES
HB 83
--Certain defendants may be placed on probation if not previously convicted of a crime ....114, 127, 356, 459
3076 SB 115 HB 33 HB 30 HB 66
HB 79 SB 157 HB 36 SB 40 HB 557 SB 2 HB 81 HB 82 HB 167 HB 487
INDEX
--Change maximum number of names that may be drawn _________________________________ 1071, 1207, 1259, 1685, 2556
--County Officers, malpractice in office; method of indictment ___....._____....-_._-.......-_-_.____..72, 95, 436, 1926
--Criminal cases; must return verdict of guilty or not guilty __.___..__...-_......71, 94, 584, 627, 749, 1489, 1551
--Criminal cases punishable by life imprisonment or death; jury required to make certain recommendations --..,,._..._..__.__.----_..-----__...--_. 90, 119, 156
--Criminal sentences; jury shall determine only guilt or innocence .-.......-_.___.._.___..-.___._...._.113, 127, 156, 356
--Jury clerk; Judge, Superior Court has power to appoint .._,,,,_..._ ._..___ 1683, 1694, 1848, 1991, 2982, 2388
--Jury's presence not required if appearance bond or recognizance forfeited _._._._..........72, 95, 668, 1622, 2612
--Jury shall only make a determination as to the guilt of the defendant _______________.___..1364, 1456, 1526, 1990
--Orphanages, sanitarium, similar facilities; inspection ._..__...-_____....____.....___....928, 1070, 1139, 1761, 2618
--Persons entitled to exemption from all jury duty ..._.._........-_..._.-_...._-481, 492, 554, 1990, 2186, 2270
--Procedure for determining whether certain convicted persons are dangerous offenders ,,_--.--..--__--___._113, 127
--Sex crimes; investigation of convicted persons _114, 127, 436 --Superior Court; jurors may also serve in other
courts ........_-...-._-___________._.-..._...._.-..._.._.258, 305, 485, 1284 --Traffic law offenders; may be tried without waiver
of indictment .............__.____...__ _.-..........,,___. 823, 933, 1264
JUSTICES OP THE PEACE HR 336 --Commend Georgia Association .--.....-..-.--...-.._.-..__-.,,_.__..__.,,1542
JUVENILES HR 53
--Juvenile Crime Study Committee; create ________._______110, 1688
K
KEA, DEPUTY SHERIFF DESSIE HR 189-407 --Compensate _......._........._.....-.._........._._._.....659, 740, 1460, 1981
KEITH, J. W. HR 251-534 --Compensate __._._.....____.......__....924, 1066, 1261, 1459, 1982
INDEX
3077
KENNEDY, PAUL HR 132 --Commend ----_..._.____._._______________.338
KENNESAW, CITY OP
HB 347
--Mayor and Council; compensation for attendance of meetings....538, 575, 667, 698, 1851, 1906
KENNEY, F. M. HR 126-239 --Compensate ----_----.------.----_------_____...._.....346, 429
KEROSENE HB 302
HB 714 HB 374
--Motor Fuel Tax Law; tax levy ..________--------.425, 480, 942, 1288, 2272, 2434
--Sales tax; exempt ----____.___________..1348, 1524 --Sales tax; exempt ----_.___________.__544, 580, 1867
KERR, REV. BOB --Prayer offered by ..-------__._______.__.___537
KIRK, G. M. SR 88
--Commend -._.-------_----_..............._______.1863, 2570
KNIGHT, MRS. MARJORIE K. HR 12-13 --Compensate __----_--------------____...52, 82, 665, 786, 1978
KURTZ, WILBUR G. HR 323-733 --Compensate _.__._..._.__._..__...___1517, 1662, 1863, 2050
L
LABOR, DEPARTMENT OF
HB 500
--Employment Security Agency; provide suitable offices ......__........826, 935, 1365, 1783, 2261
LABORER'S LIENS
HB 27
--Must be enforced within 12 months after delivery of material, labor, etc. ______..71, 94, 840
3078
LAKES
HE 303
INDEX
--Public facilities; create committee to study adequacy ...._.._..__..-.______._.__.__._____._1278, 1688. 2607
LAND ANNEXATION
SB 182
--Municipalities; applications __._1850, 1897, 1968, 1992, 2147, 2269, 2359, 2309, 2396
LANDOWNERS
HB 695
--Property damage by livestock; impound until restitution made ._..,,_.._...__...._1244, 1359
LANIER COUNTY HB 517 --Sheriff's salary_.._._.._.._...__...__-920, 1062, 1140, 1194, 1677
LAMAR COUNTY
HB 586
--Superior Court, Time for holding court .....___........____1121, 1246, 1265, 1371, 1856
LARCENY HB 464 HB 336 HB 410
--Change punishment if amount exceeds $50.00 _.._...._..._.........734, 837, 1533, 1806, 2623
--Motor vehicle parts; crime ......._....-........................-.471, 552, 667, 799, 2449, 2469
--Tangible personal property; criminal sanctions if rented or leased--.._....660, 741, 1367
LAURENS COUNTY
HR 215-454 --Merge school system with City of Dublin; amendment to the Constitution ,,.__...._ 732, 835, 939, 967, 1975
LAW
SB 51 HB 200
--Practice of; educational requirements ---____._ 481, 492, 551 --Practice of; educational requirements .._.... 297, 322, 356, 502,
1272, 1907, 1938, 1983
INDEX
3079
LAW DEPARTMENT
HB 677 HB 149
--Attorney General; reimbursement for expenses ____.______.,,___._,,_______ 1240, 1356, 1366, 1794, 2619
--Provide for appointment, employment and removal of certain employees ____________ 253, 301, 307, 333, 2094, 2115
LAW ENFORCEMENT AGENCIES
HB 404
--Radio systems; unlawful to use same wave length without written authorization __________________658, 739
LAW ENFORCEMENT OFFICERS
HB 43 --Board of Examiners of Peace Officers; create ____74, 96 HB 601 --Immunity from civil liability for any person who
shall render assistance ___,,_---________ 1124, 1248, 1264, 1763 HB 602 --Immunity from criminal liability for persons rendering
assistance _____._______._____....____,_____.__________1124, 1249, 1264, 1768 HR 149-304 --Indemnification of private citizen for personal
injury while assisting in crime prevention __________________________ 465, 547, 840, 1217, 1419, 2446 HR 182-385 --Indemnification of private citizen for personal injury while assisting in crime prevention; amendment to the Constitution ____ ________574, 664 HB 495 --Use of blue, alternately flashing lights on motor vehicles ____.,,._.__.__.________________-_________ 825, 934, 1267, 1510, 2617
LAW REVISION COMMISSION HB 17 --Create ______ ______________.._,,______ _.____-.,,_ ..52, 83, 190, 330, 2612
LAWLER, REV. TOM C. --Prayer offered by _--___-__--__-___,,,,.__-___________________________464
LAWRENCEVILLE, CITY OF
HB 696 HB 697
--Annexation of territory ___._______.1244, 1359, 1368, 1594, 2090 --Ordinance prohibiting billiard rooms, etc. _...1244, 1359, 1368,
1594, 2092
LAY, CHARLIE SR 24 --Designate bridge ________________ _.____1985, 1990, 2074
3080
INDEX
LEE COUNTY
HB 20 HB 21
--Sheriff's salary .._..._..-....._----..----------.70, 93, 165, 168, 1145 --Superior Court terms ..--------------------70, 93, 165, 169, 357
LEE, GENERAL ROBERT E. HR 102 --Commemorate birthday ... ...._._--._..------.....----..._...... 244
LEE, J. FRANK HR 55-89 --Compensate --_---------------------..._115, 129, 483, 641, 1979
LEGISLATIVE COMPENSATION STUDY COMMITTEE --Interim Report _._--------.----------....._.............. ........._--.2692
LEGISLATIVE COUNSEL HR 402 --Express appreciation ------.------___.__--___.------.....--.._.___ 2590
LEGAL ADVERTISEMENTS
HB 646
--Unlawful to publish unless signature affixed ------._.--.....----__---------------- 1130, 1255, 1264
LICENSES HB 231 HB 488 HB 430 HB 142 HB 247 HB 138 SB 75 HB 436 HB 437
--Businesses in unincorporated areas; counties to assess and collect ----_--------__-- 344, 427, 584, 1599, 1696
--Department of Agriculture Registration, License and Permit Act; legal process ... 823, 933, 1139, 1785, 2617
--Drivers; Director of Department of Public Safety shall dispense with certain actions ----------------.----.--..726, 829
--Drivers; expiration on birth date of year in which age is evenly divisible by five ....._....--------.182, 263, 1267
--Drivers; honorary to certain veterans ___._._.__--------.---- .-.348, 430, 483, 688, 2272, 2437
--Drivers; honorary to National Guard with 20 or more years of service -----------181, 263, 484, 1597, 2614
--Drivers; revocation upon conviction of certain offenses ____.._--------_....___------...------... 654, 696, 744, 1992
--Drivers; revocation upon 3rd speeding conviction --.728, 831 --Drivers; shall not be revoked for certain speeding
violations -------- .. ... _...._................_.-----..728 831
SB 77 HB 3 HB 590 HB 14 HB 15
HB 232 HB 222 HB 111 SB 141 SB 119 HB 192 HB 5 HB 334
INDEX
3081
--Funeral establishments; provide for--1143, 1206, 1258, 1369, 2162
--Games and Fish; increase certain fees --------------._------------49, 80, 87, 174, 652, 1074
--Insurance companies; additional fee by municipalities if engaged in lending money ~___.__--..1121, 1246, 1864
--Insurance; examination of applicants -----52, 82, 355, 440, 2271, 2465
--Insurance; Society of Chartered Property and Casualty Underwriters; examination of applicants --------._..._____----..52, 82, 355, 442, 2612
--Marriage; premarital examination for syphillis -------__------__-_--------------.,,. 344, 427
--Plates; exclude tax on trucks designed for transporting passagers ----.__--------.__---------------- 343, 426, 667, 1501
--Plates; faces treated with reflective material --.160, 177, 184, 288
--Plates; four-wheel trailers with no springs _,,_----.--------1536, 1693, 1848, 1992, 2370, 2390
--Plates; issuance to certain disabled veterans _..--------------------------1143, 1208, 1260, 1262
--Plates; new classification for trucks transporting forest products ----.----------.--.295, 320, 436, 505, 1271
--Plates; proof of payment, ad valorem tax ---- -----.---- ___---------- 50, 80, 177, 234, 2091
--Special permit to operator of certain motor driven cycles; 14 or over ----------.----._------.__...471, 552, 749
LIENS HB 27
--Laborers and materialmen; enforced within 12 months after delivery ---------------------------- 71, 94, 840
LIFEBOATS HB 558
--Hotelkeepers on beaches; required to keep --------_----..__--_.------_-1055, 1133, 1263, 1634, 2618
LINCOLIN COUNTY
HB 627
--Board of Commissioners; Ordinary to serve as
Clerk - - ---- -
1128, 1253, 1266, 1382, 1859
LIVESTOCK HB 327
--Auction operators must maintain custodial account in bank .----------..----.469, 482, 551, 802, 2616
3082 HB 695
INDEX
--Property damage; impound until restitution made-----.----.--------------------1244, 1359
LOANS HR 68 HB 207 HB 226 HB 16 HB 85
--Business and industrial; create Committee to study --..--------._------_._...___..__-__-_------..135, 1688
--Certain notes and instruments of indebtedness; repayment ------___----__..____.._--__------_.. 299, 323
--Mortgage loans on single family residential dwellings may not exceed 80% of value .-.-.343, 426, 747, 881, 2615
--Real estate; certain minors may execute instruments, security interest ~_.__------_-_----------------.52, 83, 485
--Secondary mortgages, certain residential property ------.____.__114, 128, 839, 1098, 2096, 2122
LOCAL GOVERNMENT AND REVENUE STUDY --Interim Committee Report .........----------__--_--................2783
LOCKHEED-GEORGIA CORPORATION SR 17 --Commend ....__.._......._.._..._--..----------____----___188, 247
LOOKOUT MOUNTAIN JUDICIAL CIRCUIT
HB 296 HB 352
--Add additional Judge,.. 423, 479, 1140, 1141, 1204, 1303, 1340, 1475
--Judge's salary .--_..._._......_.__-___------____539, 576
LOTTERY TICKETS (see gambling) HB 53 --Possession unlawful _._.__--------.79, 100, 356, 515, 2271, 2317
LOITERERS HB 253
--Unlawful around certain dwellings during certain hours ..----____._------_-.--------_.......______________ 349, 431, 584
LOUISVILLE, CITY OF HB 269 --Voters' registration ............-------....418, 474, 484, 559, 1146
LOWNDES COUNTY HB 328 --Sheriff's salary ------__.__. ----_..__.,,__.___ 470, 551, 558, 591, 1150
INDEX
3083
LOYALTY OATH SB 9 --Amend oath form, State employees _....-- 307, 311, 325, 1367
LUMBER CITY
HB 710
--Elections; hours polls shall remain open ._..... 1347, 1524, 1533, 1707, 2090
LUMPKIN COUNTY
SR 67 HB 414
--County Board of Education; appointment of Superintendent; amendment to the Constitution __-___..-.__._---____.-1970, 1988, 2072, 2077, 2241
--Sheriff's salary ___________________._________661, 741, 749, 946, 1671
LUTHERSVILLE, TOWN OF HB 528 --Increase corporate limits ............922, 1064, 1140, 1200, 1677
M
MACHINERY
HB 205 HB 303
--Sales tax; exempt certain machinery _.___--__,,__.298, 323 --Sales tax; exempt if installation would increase plant
employment ._--_..-_-.__... 425, 480, 942, 1329, 2262
MACON, CITY OP
HB 502 HB 256
HB 503
--City Court; change name ....___._._..._.. 826, 936, 941, 1157, 1676
--Condemnation of property for street
purposes _ _.
-. . 350, 432, 435, 490, 1072
--Court Probation Office; establish .______.827, 936, 941, 1157,
1681, 1934
MACON COUNTY
HB 266 HB 312 HB 267
--Ordinary's salary _...._____...._..-__.._-418, 474, 484, 559, 1146 --Small Claims Court, create ._..__....._....466, 548, 557, 589, 1148 --Tax Receiver's salary ______________-________._418, 474, 484, 559, 1146
MADISON COUNTY
HB 472 HB 425
--Board of Commissioners; employment of
personnel .
.
. .._,....- 820, 930, 941, 1151
--Tax Commissioner's salary ___..._....__....__..._....__.-____.725, 829, 950
3084 MAGAZINES
HB 652
INDEX
--Periodicals; provide for service upon persons soliciting subscriptions ._....._______.,,_____,,__________.__1131, 1256
MAGNOLIA SPRINGS STATE PARK
HR 285-636 --Jenkins County; convey certain property to United States Department of the Interior, Fish and Wildlife Service ....______._. 1129, 1254, 1268, 1462, 2621
MALT BEVERAGES
HB 758 HB 747
--Amount in a public place --_____.....___...__1519, 1663, 1867 --Prohibit sale to person under 21 years of
age _______-____,,___________......_._...........______.._.1518, 1662, 1690
MARCHIALETTE, WARREN HR 169-381 --Compensate
_-_._._---_ 546, 582, 1075, 1214, 1980
MARIETTA, CITY OP
HR 220-467 --Additional indebtedness for school purposes; amendment to the Constitution ..._...735, 837, 940, 983, 1976
HB 525 --Change corporate limits ________921, 1064, 1140, 1196, 1852,1904, 2083, 2096, 2206, 2273
MARRIAGE HB 232
--Premarital examination for syphillis --._____......_-_344, 427
MARRIAGE LAWS STUDY COMMITTEE
--Interim Report
_,,._ ____._,,,,_____..__...._..2793
MARTIN, A. J.
HR 31-44 --Relieve as surety on appearance bond and cancel fi. fa. ___-______________..._-_-_..__-________-_.________76, 98, 436, 494, 2620
MARTIN, MRS. HELEN HR 94-165 --Compensate ,,_______.______._ ________________ 257, 304, 1075, 1210, 1980
INDEX
3085
MASS TRANSPOETATION COMMISSION HR 248-529 --Create ___.....------_... ----------.------.-..--------.923, 1065, 1689
MATERIALMEN'S LIENS
HB 27
--Must be enforced within 12 months after delivery of material, labor, etc. ----------__----------------71, 94, 840
MAYSVILLE, TOWN OF
SB 196
--Mayor and aldermen; date of elections _--_------------1680, 1694, 1849, 2215, 2226, 2389
MEATS HB 330
--Imported meat must be labeled as such __________470, 482, 551
MEDICAL EXAMINERS, STATE BOARD OF
HB 233
--Intern requirement to obtain license to practice medicine ------------------344, 427, 435, 486, 558, 810, 2615
MEDICAL SERVICE CORPORATIONS, NON-PROFIT
HB 216
--Insurance Code of 1960; clarify certain definitions _.__------------------------.. 318, 352, 355, 637, 668
MEDICINE
HB 221 SB 158 HB 233
HB 298 SB 80
--By prescription; exclude Sales Tax __.....____ 342, 425, 942 --Dispension by pharmacists --..1684, 1694, 1848, 1996, 2381 --Practice of; intern requirement to obtain
license ----------------------344, 427, 435, 486, 558, 810, 2615 --Sales tax; exempt _--__--__-_____--------------------424, 479 --Unlawful to procure dangerous drugs under certain
circumstances ----------------------556, 567, 583, 840, 1961
MENTAL HEALTH
HR 392
--Autonomous Division of Mental Health within Department of Public Health; create committee to study -------__--...--_-.--.__--_--------_-------2581
3086
INDEX
SB 41 --County Boards of Health; diagnostic and treatment services for chronically ill and aged _______ 1682, 1691, 1846, 1866, 2138, 2207
SB 92 --Day Care Centers; powers of Department of Public Health __________ 583, 623, 665, 1076, 2183
HR 373 --Day Care Centers; powers of Department of Public Health _____ ..... __________________ 1894, 2215, 2601
SR 21 --Division of; create within Department of Public Health ____________________ __________ ________ 1143, 1537, 1666, 1992
SR 164 --Interstate Compact; State shall be a party to ._______..____.__._____..______ ________ 1270, 1315, 1363
HR 325-754 --Nursing scholarships; under-graduate training; amendment to the Constitution ..._._.. ________ 1352, 1529, 1996
MERCER, JOHNNY HR 361 --Express appreciation _..___.._._ __._________.._._.__._.,,__ ...1754, 2093
MERIWETHER COUNTY
HB 196 HB 195
--Deposit of county funds .__.._______ ..._296, 321, 354, 378, 1150 --Place certain officials on salary _____ 296, 321, 354, 378, 1149
METROPOLITAN AREA WATER QUALITY CONTROL COMMISSION HR 297-698 --Establish ________________ 1244, 1359, 1534, 1804, 2267, 2488, 2516
METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965
SR 171 --Amend ..
______1683, 1694, 1849, 1992, 2175, 2269
MILHOLLIN, GEORGE HR 116 --Wishing speedy recovery __________________ ________ 272
MILK HR 351
--Special Milk Program for Children; federal appropriations _-__---__--_.___._.. _____________________ .._.__..1746
MILLEDGEVILLE, CITY OF
HR 87-138 --Authorize leasing of certain tract of State-owned property ____._.,,.______-____________________ 181, 263, 485, 707, 1536
SB 217 --City taxes, date due and payable _______ 1852, 1898, 1969, 2076, 2224
SB 216 --Elections; change date __________ 1852, 1898, 1969, 2076, 2224
INDEX
3087
MILLER COUNTY
HB 274
HB 594
HB 186 SB 237 HB 185
--Board of Commissioners; Chairman's salary _____._________.__.,,_______.__ 419, 475, 484, 560, 1146, 2546
--Board of Commissioners; salary ______ 1122, 1247, 1265, 1373, 1857
--Sheriff's salary _________________________ 294, 320, 353, 376, 1149 --Sheriff's salary _______________ 1852, 1898, 1970, 2076, 2081, 2208 --Shall Claims Court, create _._.___ 294, 319, 353, 376, 1668
MILLINGS, R. J. HR 125-239 --Compensate __._,,_.__ 346, 429, 1075, 1210, 1980
MILNER, TOWN OF HB 587 --Mayor and Council; terms _______ 1121, 1246, 1265, 1371, 2088
MINERAL LEASING COMMISSION HB 11 --Specified terms of office of members _________________ 51, 81, 1267
MINES AND MINING
HR 207-437 --Strip Mining Operation; create committee to study ----._--___728, 831, 1689
MINES, MINING AND GEOLOGY, DEPARTMENT OF HB 44 --Abolish _._,,.__,,_._______ ______ 74, 96
MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT (See Education)
HR 300-699 --Board of Education; grants-in-aid and scholarships to teachers; amendment to the Constitution ___.____1345, 1522
SB 221 --Funds used to replace or modernize school capital facilities ______________________________________ 1986, 1994, 2075, 2076
HB 292 --Local units of administration; funds for maintenance sick leave expenses __________ .423, 478, 666, 1335, 2272, 2338
SB 109 --Local units of administration; sick leave expenses .__._____..._____._._________..._...__..____._._________... 1270, 1314, 1362
HB 209 --School bus drivers; establish minimum salaries _._____._____.______.________...___.__._ 299, 324, 354, 525, 1536
HB 297 --School lunch program personnel; minimum wage -___-._-._-._.--..____._._.____.__..___-_ 424, 479, 666, 797, 1262
3088 HB 310 HB 699
INDEX
--State and local government participation; change provisions ----------------------_________--------__--......_ 466, 548
--State Board of Education authorized to grant grant-inaid and scholarships __----___--------_._.--._._.1344, 1522
MINIMUM WAGE
HB 396 HB 248
HB, 106
--Certain State employees _--.------.----------------__--656, 738 --State Departments or agencies; contracts for
construction or repairs ..._._.---,__,,,,.___,,_.....__...__.----.348, 430 --State Minimum Wage Law Study Committee;
create .....------..--......249, 1689, 2602
MINK, CAPTAIN E. D. HE 372 --Commend _.._____._ __-- .
1893, 2421
MINORS HB 747 SB 14 HB 26 HB 258 HB 563 HR 53 HB 16 SB 168
HB 32
--Alcoholic beverages; prohibit sale to person under
21 years of age ..
_
1518, 1662, 1690
--Any person 18 or older who is married may
bind himself by contract ,,...._. 357, 413, 433, 1367, 2178, 2270
--If 14 or older may determine parent with whom he
desires to live in divorce cases ._._...----_--.....--------71, 94
--If 14 or older may determine parent with whom he
desires to live in divorce cases ------------___----350, 432
--Illegitimate child; putative father refusing to give
security shall be guilty of misdemeanor ___. 1055, 1134, 1267
--Juvenile Crime Study Committee; create ___...,,----110, 1688
--Loans on real estate; execute instruments,
security interest __.--__----.._----__...__--____,,---- 52, 83, 485
--Narcotic drugs; selling or furnishing; life
imprisonment in lieu of death
penalty ____.----_--___------------___--_----. .1863, 1897, 1968
--Parents liable for damage to property or injury
to person, or both ___._------------72, 95, 137, 173, 2271, 2444
MISDEMEANORS
HB 8
--Bail; approved by chief law enforcement officer or comimtting officer ----..._....,, 50, 81, 137
MITCHELL COUNTY
HB 466 HB 465
--Sheriff's salary _----____.....__.------735, 837, 941, 957, 1675 --Superior Court terms --_.._----------..--735, 837, 941, 957, 1675
MOBS HB 34
INDEX
3089
--Demonstrations; total number of demonstrators not to exceed number of law enforcement officers _...._...__..-...__..__..._..__..._....__._..72, 95, 189, 220, 452
MONEY ORDERS
HB 131
--Savings and Loan Associations may issue and sell in the same manner as a bank ..._.._____....179, 261, 839
MONROE, CITY OF
HR 267-571 --Conveyance of certain real estate __......1058, 1135, 1142, 1596 HB 230 --Mayor and Council, election _,,_.__ 344, 427, 435, 488, 1150
MONROE COUNTY
HR 263-571 --Monroe County Development Authority; create amendment to the Constitution __.__.1057, 1135, 1264, 1401, 2621
HB 570 --Sheriff's salary _________.......___ 1057, 1135, 1140, 1272, 1986, 2103
MONTGOMERY COUNTY
HR 186-399 --Montgomery County Development Authority; create; amendment to the Constitution _____ 657, 738, 940, 999, 1974
HB 349 --Sheriff's salary .,,____.______.___..__.____..___ 538, 576, 667, 698, 1150 HR 281-602 --Vidalia Development Authority; extend activities;
amendment to the Constitution..ll24, 1249, 1265, 1447, 2622
MORGAN COUNTY
HR 76-124 --Board of Education; add two members; amendment to the Constitution ,,______.__ _163, 186, 265, 268, 1973
HB 726 --Certain officials' salaries ___________ 1516, 1661, 1686, 1868, 2256
MORTGAGES HB 226
HB 28 HB 85
--Loans on single family residential dwellings may not exceed 80% of value _______________ 343, 426, 747, 881, 2615
--May be exercised by transferees ________.___.___71, 94, 137, 171 --Secondary mortgages, certain residential
property ___.._____.______..___._._____._____114, 128, 839, 1098, 2096, 2122
3090
INDEX
MOTHER OF THE YEAR
HR 409
--Civic clubs and Department of Industry and Trade urged to give financial assistance and gifts ........-- 2596
MOTORBOATS
HB 55
--Sales tax on motor fuel; certain exemptions ______........__....-____.__.....__79, 101, 177, 223, 2612
MOTOR FUEL HB 55 --Watercraft; certain exemptions _...____79, 101, 177, 223, 2612
MOTOR FUEL TAX LAW
HR 342 HB 373 HB 302
HB 136
--Create committee to study ...___._______._____..-.....-__________..._.1549 --Excise tax upon all distributors; amend _.......-__544, 580, 1867 --Levy on fuels not commonly measured by the
gallon ._..,,_--.__________----_ 425, 480, 942, 1288, 2272, 2434 --Refund of tax counties and incorporated
municipalities __.._____---____.,,_ 180, 262, 355, 651, 702
MOTOR POOL, INTER-AGENCY; COMMITTEE --Interim Report -.-.....-_____.--..-._---.__-___...........-..._.--_.......-2808
MOTOR VEHICLES
HB 626 HB 4 HB 25 HB 495 SB 138 HB 126
HB 247 SB 26 SB 75
--Abandoned; power of authorities to remove _...1128,1253,1531 --Ad valorem tax; classification for assessment
purposes ____________.___._.__.._____.._.. 49, 80, 177, 230, 2093, 2113 --Blood-alcohol test; cost._...._...___._--70, 94, 355, 438, 2260 --Blue, alternately flashing lights; used only by
police and fire departments ,,_____. 825, 934, 1267, 1510, 2617 --Certificate of Title Act; destruction of manufacaurers'
serial plates ______.....____.......____.1270, 1314, 1363, 1687, 1957 --Department of Public Safety; certain vehicles marked
and equipped with uniform fixtures _..____163, 177, 187, 328, 2269, 2305
--Drivers' license; honorary to certain veterans __.__........,,__-__..--...348, 430, 483, 688, 2272, 2437
--Drivers' licenses; revocation if convicted of theft of motor vehicle .._______...______..._...357, 414, 434, 485, 1021
--Drivers' licenses; revocation upon conviction of certain offenses ._......--___.._.__........._......654, 696, 744, 1992
HB 436 HB 437 HB 430 HB 561 HB 319 SB 143 SB 27 HB 350 HB 74 HB 114 SB 29 HB 336 HB 222 HB 111 SB 119 HB 192 HB 5 SB 141 HR 342 HB 373 HB 90 HR 107 HB 24 SB 139 HB 254
INDEX
3091
--Drivers' licenses; revocation upon 3rd speeding
conviction ............
...... ... . . ..... ...... ............ .. .728, 831
--Drivers' licenses; shall not be revoked for certain
speeding violations .. . . .. . ....... ...... .. 728, 931
--Drivers' licenses and registrations; Director shall
dispense with certain actions ..... .... .. . -._______-.. 726, 829
--Driving under influence of alcohol or drugs;
chemical analysis .. ....... _....._..-..._ 1055, 1133, 1267, 1626
--Handicapped or paraplegic drivers; use of flags
or distress signals ....... ..... ........ ............468, 549, 841, 1106
--Honorary driver's license to certain
veterans .,,_.......__.._. ..... ................ 1535, 1538, 1667, 1687
--Identifying numbers; alteration; penalty ....._...._357, 414, 434
485, 1022
--Inspection of Motor Vehicles Act; must pass before
being sold to public ...... .... ._.____. .........._..._.._.......539, 576
--Inspection of Motor Vehicles Act; safety belts,
all 1967 and later models ...... ............ 92, 121, 484, 682, 695
--Intoxicated drivers; change certain
provisions ............... .... ..... 160, 177, 184, 519, 570, 585
--Larceny; theft of parts shall also be a
crime ....... ...._......-......._... . ............................ 653, 695, 743, 841
--Larceny; theft of parts shall also be a
crime .................-......-........._.... 471, 552, 667, 799, 2449, 2469
--License plates; exclude tax on trucks designed
for transporting passengers ._..._.-.._. --343, 426, 667, 1501
--License plates; faces treated with reflective
material _.......__....-...................-... ............... 160, 177, 184, 288
--License plates; issuance to certain disabled
veterans -...-.-.___._..__..__...._.... .__-..._..._. 1143, 1208, 1260, 1262
--License plates; new classification for trucks
transporting forest products ....... 295, 320, 436, 505, 1271
--License plates; proof of payment, ad valorem
tax _.__....-_.._..........-._.._._...-.._.............._..._.. 50, 80, 177, 234, 2091
--Licensing and registration of four-wheel trailers
with no springs -_._....._..._. 1536, 1693, 1848, 1992, 2370, 2390
--Motor Fuel Tax Law; create committee to
study _......._-..-__-.--_.._._.-_...,,__._._.-__.___-._.___.--._.._.__.__....-_.-._.____.1549
--Motor Fuel Tax Law; excise tax upon all distributors;
amend ._...._..-_........__...._.._..._-._........_ ........._......_.. 544, 580, 1867
--Maximum permissible speed, certain weight and length .......-_._._._._...._....._...__.._......_.._..115, 129, 176, 227, 2613
--Motor Vehicle Inspection Study Committee; create-.-.--...--..--.....---------.--..---..---.249, 1689
--Operating under influence of intoxicating liquors or narcotic drugs; penalty ...... ...._._...__........_._........70, 93, 436
--Operator's class drivers license; increase minimum age ..... ..................................1271, 1315, 1363, 1997
--Parked on highways; display lighted lamps while raining ............_.._......_............_.._....._.... 349, 431, 436, 536, 647
3092 SB 28
SB 121 HB 408 HB 257 SB 33
HB 187
HB 531 HB 45 HB 351 HB 342 HB 120 SB 120 HB 75
INDEX
--Prohibit sale of motor vehicles and components not bearing identification numbers ..____ 653, 695, 743, 1991, 1995, 1997, 2549
--Safety belts required to pass inspection ______1682, 1692, 1847, 1992
--Signalling devices at grade crossings of municipal streets ...--._............--.--_--.----.__-.--659, 740, 839, 1113
--State Board of Registration for Used Car Dealers; membership and appointments .__..----_____ 350, 432, 749
--State Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers, and Motor Vehicle Rebuilders; create ._.___.__....__....___....__.._-.._.654, 695, 744, 841, 2188, 2270
--State Highway Department; certain contractors' vehicles may exceed width and length requirements without special permit _-____._--_-__._--.......294, 320, 484, 895
--Taxicabs; degree of care required by operator _.,,_. 923, 1065 --Timing devices and radar equipment; use of
by Department of Public Safety ____._76, 98, 307, 326, 1305 --Tires; date of manufacture and serial number
stamped in raised letters .,,_____._.__-_._--__--__---__ 539, 576 --Transporting of explosives; requirements _~--473, 554, 1267,
1822 --Transportation of loose materials ._-...--___161, 185, 1992 --Unlawful to sell after January 1, 1967 unless
equipped with safety belts _._.----1683, 1692, 1847, 1992 --Unlawful to sell without seat belts after
January 1, 1967 ...._____----....____----93, 121, 484, 893, 1041
MOULTRIE, CITY OP HB 692 --Extend corporate limits ..__....___._1243, 1358, 1367, 1595, 2091
MULLIS, CHARLES HR 335 --Expressing regrets ..___-.--_--__-___------ . .... _.__--...-.1541
MUNICIPAL ASSOCIATION, GEORGIA
HB 443
--Social Security coverage; included under political subdivisions ---- ....--..-729, 832, 1139, 1316, 2617
MUNICIPAL HOME RULE ACT OP 1965
SB 5 --Referendum elections; clarify provisions--.357, 413, 433, 1990, 2554
INDEX
3093
MUNICIPALITIES
HB 7 --Alcoholic beverages; prohibit transporting unless certain tax paid ._-.___....__.__._.______.........__.BO, 81, 1268
HB 426 --Alternate methods of annexing territory ______.____._..725, 829 SB 182 --Application annexation of contiguous
territory ____...___.. 1850, 1897, 1968, 1992, 2147, 2269, 2359, 2389, 2396
HB 147 --Bond issue elections; legal advertisement _______253, 301, 311, 1267
HB 371 --Bonds issued in accordance with State Constitution ........____._.__-____._______.-.__..____-___.-......643, 580, 668
HB 496 --Contract negotiations with State Highway Department ..--.__-.- 825, 934
HB 76 --Grants for construction and maintenance of streets; annual audit ______.....___.....__._....112, 126, 242, 371, 454, 2612
HB 569 --Joint Municipal Employees' Retirement System; fixed benefit plans ...._______. 1057, 1134, 1263, 1604, 2434, 2452
HB 420 --Municipal boundaries; method of extending; population of 5,000 or more -_______......._.._...___.662, 742, 1263
HB 419 --Municipal boundaries; method of extending; population of less than 5,000 .__....-___.....___.662, 742, 1263
SB 5 --Municipal Home Rule Act of 1965; referendum elections, clarify provisions _._____357, 413, 433, 1990, 2554
HR 127 --Municipal Officials; welcome ......,,___.....--___--~------.___...__336 HR 40-55 --Planning and Zoning ordinances; enact;
amendment to the Constitution ..._._.79, 101, 356, 511, 570, 672
HB 462 --Planning Commissions; provide for inclusion of adjacent unincorporated territory _____.734, 836, 1263, 1825
SB 19 --Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors; municipalities lying within a county allowing sales of alcoholic beverages may make own determination if allowable ________ 938, 1205, 1257, 1268, 2165, 2175, 2269, 2360, 2485, 2517, 2542
HR 69-113 --Slum clearance, allow under certain conditions; establish expenditures as liens; amendment to the Constitution _..___._..___.__.........____......_.....160, 184
HB 50 --Slum clearance; grant certain powers -__.__._-____-~1684, 1691, 1846, 1984, 1987, 1994, 2075
HB 112 --Slum clearance; grant certain basic powers ~------. 160, 184 HB 702 --Traffic law violations; cash bonds ____-__________.____1345, 1522 HB 372 --Traffic Violations Bureau; judges may provide
for establishment outside corporate limits __._._-544, 580
MUNICIPAL CORPORATIONS
HB 381
--Acworth, City of; Mayor and Board of Aldermen, election ......,,__-_.._....... 546, 582, 667, 701, 1669
3094
INDEX
HR 98-165 --Adairsville, City of; Adairsville Development
Authority; create; amendment to the
Constitution ________________________ 257, 304, 483, 597, 1973
HB 152 --Adairsville, City of; extend, redefine corporate
limits ...___..____.______.______ ^ _______________ 254, 301, 353, 373, 1148
HB 153 --Adairsville, City of; Mayor and Council,
salary ___._.___._ __ _
__ 254, 301, 353, 373, 1149
HB 620 --Albany, City of; Albany-Dougherty Hospital
Authority; filling of vacancies .._.._..1127, 1252, 1266, 1380,
2089
HB 470 --Albany, City of; elections;
designate place for holding ._.._..._____820, 930, 941, 1151, 1676
HB 662 --Americus, City of; Business tax ... 1237,1354,1368,1586,1861
HB 660 --Americus, City of; City Court; Judge and
Solicitor; salary ______ 1237, 1354, 1368, 1585, 1861
HR 112-196 --Americus, City of; conveyance of a certain tract
of State-owned property ______________ 296, 321, 842, 1037, 2623
HB 661 --Americus, City of; employees' retirement;
maximum monthly benefits __. 1237, 1354, 1368, 1586, 1861
HB 636 --Arlington, City of; elections; hours polls shall
be open _.____...___.__.__.._.__.__._____________-1061, 1138, 1266, 1277, 1673
HB 604 --Ashburn, City of; elections;number positions
on Council ....._-_..._..__.-....._.___..1124, 1249, 1265, 1375, 1857
HB 607 --Ashburn, City of; extend corporate
limits _____,,-__________ __-_-_1125, 1250, 1265, 1376, 1857
HB 784 --Athens, City of; Adopt building and housing
codes _----_-- .__ 1658, 1845, 1865, 2003, 2259
HR 232-494 --Athens, City of; Charter Commission; create to
study consolidation with Clarke County;
amendment to the Constitution 825, 934, 1075, 1166, 1977
HB 492 --Athens, City of; Deputy Registrars,
appoint __.___,,___-_.._.__.___..__.____....,,.-....______. 824, 933, 941, 1155, 1855
HB 769 --Atlanta, City of; Atlanta-Fulton County Recreation
Authority Act; amend ___________1656, 1843, 1866, 2012, 2096,
2619
HB 752 --Atlanta, City of; Atlanta Stadium; employment
of minors ______..__.___ 1518, 1663, 1667, 1689, 2043, 2273, 2449
HB 213 --Atlanta, City of; beneficiaries; pension, fractional
part of years service ____-__- 300, 324, 557, 565, 2253
HB 177 --Atlanta, City of; Criminal Court Investigators
appointed by Solicitor-General _...__. 259, 306, 483, 558, 1149
HB 211 --Atlanta, City of; Disability pension, fractional
part of years service _________________ 299, 324, 557, 565, 2253
HB 214 --Atlanta, City of; disability pension, fractional part
of years service ._.______,,_ _________________300, 325, 556, 557, 2254
SR 64 --Atlanta, City of; establish Local Government
Commission _________ 1853, 1897, 1969, 2215, 2222, 2223, 2516
SB 187 --Atlanta, City of; exclude certain
territory________...___ ________________________1271, 1315, 1363, 1533, 1585
SB 35 --Atlanta, City of; extend city
limits ,.1209, 1311, 1360, 2215, 2417, 2517, 2518, 2539, 2625
HB 86 HB 598 HB 413 HB 356 SR 73 HR 277
HB 597 HB 12 HB 13 HB 731 HB 568 HB 84 HB 99 HB 665 HB 717 HB 719 HB 718 HB 650 HB 318 HB 595 SB 236 HB 433 HB 432 HB 625 HB 317
INDEX
3095
--Atlanta, City of; extend corporate limits .......... 114, 128, 189, 196, 1835, 1836, 1840, 2018, 2097
--Atlanta, City of; Fire Department, pension, fractional parts of years _____ ___._...1123, 1248, 1367, 1374, 2255
--Atlanta, City of; Fire Department; reduced pension benefits ___________..__,,_.__.._.__.__.__.._..__ 660, 741, 940, 949
--Atlanta City of; former officers, employees; additional
pension benefits ___________ 540, 577, 749, 750, 1936, 1943
--Atlanta, City of; Local Education Commission,
re-establish
_
1863, 1988, 2072, 2076, 2229
--Atlanta, City of; L. P. Grant property; State urged
to acquire to establish historical monument __.___1077, 1534,
1759, 2093 --Atlanta, City of; police department; pension, fractional
parts of years ._.__,,---__,,_______ 1123, 1248, 1367, 1374, 2255 --Atlanta, City of; President, Board of Aldermen;
election and duties---______----__,,__-__ 51, 81, 188, 190, 556
--Atlanta, City of; provide uniform cost bill------------_------__- 51, 82, 188, 190, 2264, 2284
--Atlanta, City of; Retirement rights of reemployed employees ----____._----___----_-1516, 1661, 1686, 1869, 2263
--Atlanta, City of; slum clearance, powers _________________________________ 1056, 1134, 1996, 2008, 2254
--Atlanta, City of; zoning and planning decisions ...... 114, 128 --Alpharetta, City of; number of Council
members __.___,,__________-._.-._--___.____,,.,,. 118, 131, 189, 198, 1146
--Augusta, City of; annexation of certain territory; effective date_.------ 1238, 1354, 1368, 1587, 2084
--Augusta, City of; employee pension benefits to spouse..... ,,__,,___1348, 1525, 1686, 1710, 2085
--Augusta, City of; employees' pensions __-._.-__-.__-__-__-___._________ 1349, 1525, 1686, 1717, 2085
--Augusta, City of; employees' retirement; alternative form of allowance _______---_..-__ 1348, 1525, 1686, 1713, 2085
--Augusta, City of; Law enforcement officers' fees for court testimony __________________________ 1131, 1256, 1266, 1385, 2084
--Augusta, City of; Masonic Hall, increase powers of Trustees ___________ ________________________ 467, 549, 1533, 1583, 2254
--Augusta, City of; Mayor and Council, election ___________________________________________ 1122, 1247, 1266, 1373
--Augusta, City of; Municipal Court, compensation of certain personnel..-.. 1852, 1898, 1969, 2077, 2079, 2208
--Augusta, City of; sprinkling system; repeal
provisions
......727, 830, 940, 951, 1672
--Augusta, City of; street improvements; method of
making assessments _________..._...._ 726, 830, 940, 951, 1672
--Austell, Town of; increase corporate
limits ____--------.._.......1128, 1253, 1266, 1382, 1858
--Bainbridge, City of; Aldermen, decrease number ________ _ ...__,,_..___.___._____.____. 467, 549, 557, 591, 1668
3096
INDEX
HB 316 --Bainbridge, City of; City Court, Sheriff's duties...------_---------------------- 467, 549, 557, 590, 1668
HB 679 --Baxley, City of; Levy of tax, bonded indebtedness --------------1240, 1356, 1368, 1590, 1985, 2100
HB 454 --Blackshear, City of; Aldermen's election....------.--------------------732, 834, 940, 954, 1675
HB 773 --Bremen, City of; extend corporate limits.._______.._____.--1657, 1844, 1866, 1999, 2257
HR 201-431 --Brunswick and Glynn County Development authority; additional definitions;amendment to the Constitution--------------------726, 830, 1139, 1159, 1975
HR 243-517 --Brunswick, City of; ad valorem tax; certain property in Downtown Brunswick; amendment to the Constitution--920, 1062, 1265, 1393, 1977, 1984, 2420, 2520
HR 139-291 --Brunswick, City of; Charter Commission; create to study consolidation with Glynn County; amendment to the Constitution----------,,....______ 422, 478, 483, 615, 1974
HB 666 --Buck Head, City of; legal title of Baptist Church; Hepzibah Baptist Association 1238, 1354, 1367, 1587, 1866
HB 151 --Cartersville, City of; Joint Airport Authority, create.----------.--..------------.---254, 301, 353, 372, 1148
HB 788 --Centerville, City of; Mayor and Councilman, election------------------------1659, 1846, 1865, 2004, 2259
HB 708 --Chamblee, City of; tax; date due----------------------------1346, 1523, 1533, 1700, 2254
HR 319-719 --Cochran, City of; Bleckley-Cochran Industrial Development Authority; create; amendment to the Constitution ...----1350, 1526, 1533, 1726, 2420, 2467
HB 725 --College Park, City of; Extend corporate limits---- 1515, 1660 HB 571 --College Park, City of; Mayor and Council,
election.--------_-------------.1057, 1135, 1140, 1272, 2255 HB 477 --Colquitt, City of; extend corporate limits--821, 931, 941, 1152 HR 164-364 --Columbus and Muscogee County Building Commission;
create; amendment to the Constitution------ 542, 579, 667, 767, 1972, 2035
HB 446 --Columbus, City of; City Court; salary of judge and solicitor....----------------------730, 833, 940, 948, 1673
HR 191-407 --Columbus, City of; combine Board of Commissioners with Muscogee County; amendment to the Constitution----------..------------...659, 740, 748, 849, 1975
HB 452 --Columbus, City of; Municipal Court jurisdiction.-----------------------731, 834, 940, 954, 1674
HB 785 --Columbus, City of; Municipal Court, Marshal's salary----------------1659, 1845, 1865, 2003, 2259
HR 163-364 --Columbus, City of; Tax Assessor; consolidate with Muscogee County; amendment to the Constitution--------------..----------.542, 578, 667, 763, 1974
HR 266-571 --Cordele, City of; revenue bonds for street improvements; amendment to the Constitution__1058, 1135, 1139, 1435, 2622
HB 455 --Cornelia, City of; City Commission, election of members from Ward #1------.....------------._.732, 835, 940, 954, 2086
INDEX
3097
HB 456 HB 459 HB 457 HB 73
--Cornelia, City of; City Manager's salary_____.___------------------------.732, 835, 940, 954, 2086
--Cornelia, City of; Mayor and members of Commission, salaries________._,,.__,,____733, 835, 941, 956, 2087
--Cornelia, City of; water and sewer systems, eminent domain.--.--------------------733, 835, 940, 956, 2087
--Covington, City of; clarify charter-----------------------. 92, 121, 265, 312, 1145, 1341
HR 46-72 --Covington, City of; gas or electric generating systems; revenue anticipation obligations; amendment to the Constitution.--------.-----------------........_.----------92, 121
HB 628 --Crawfordville, City of; elections; time polls shall be open.----_------------.....1128, 1253, 1266, 1382, 1859
HB 734 --Dallas, City of; Recorder's Court; establish.----------------.. 1350, 1527, 1686, 1702, 2094, 2104
HB 621 --Dalton, City of; Annexation of certain territory----,,-----_-----..------1127, 1252, 1266, 1381, 2089
HB 624 --Dalton, City of; City Courts, fines and punishment imposed----------------.------1127, 1252, 1266, 1381, 2089
HB 732 --Dalton, City of; Pension for certain officers, firemen, employees, etc.----------1517, 1661, 1686, 1869, 2262, 2311
HB 87 --Dearing, Town of; Mayor and Councilmen, terms .------------..---------------- 114, 128, 189, 196, 1145
HB 757 --Denton, City of; New charter _____ 1353, 1530, 1687, 1707, 2086 HR 78-132 --Douglas, City of; conveyance of certain tracts of
State-owned property.----.--------179, 261, 1268, 1473, 2623 HB 581 --Douglas, City of; Douglas-Douglas County
Development Authority; create.-...--.1120, 1245, 1265, 1369, 1856
HR 85-135 --Douglas, City of; Douglas-Douglas County Industrial Development Authority; create; amendment to the Constitution.........-......------- 180, 262, 354, 381, 1973
HB 422 --Douglas, City of; extend corporate limits--......_..------_.-------...... 662, 743, 749, 947, 1671
HB 520 --Dublin, City of; City Court; judge and solicitor, salary--------.--------.-........_____ 920, 1063, 1265, 1275, 2087
HB 723 --Dublin, City of; Maximum tax millage increase------..-....-------------.1515, 1660, 1686, 1868, 2256
HR 215-454 --Dublin, City of; merge school system with Laurens County; amendment to the Constitution.______.732, 835, 939, 967, 1975
HR 62-110 --East Point, City of; conveyance of certain real property owned by the State Highway Department..__ 159, 183, 325, 367, 2421, 2533
SB 150 --East Point, City of; elections on annexation 1144, 1208, 1260
SB 148
--East Point, City of; Ward "A"; annex certain territory __ ... _ ... ___ 1144, 1208, 1260, 1687, 1708
HR 288-658 --Elbert, City of; recreation program, establish and maintain; amendment to the Constitution ........ 1237, 1353, 1367, 1554, 2622
3098
INDEX
HB 107 HB 291
--Fail-burn, City of; extend city limits _--------..---_------_--__- 158, 183, 308, 313, 1146
--Farmington, Town of; Mayor & Council, election ._.__.______. _______________________________ 422, 477, 484, 564, 1147
HB 67 --Fitzgerald, City of; amend charter....... 90, 120, 189, 193, 1145
HB 160 --Folkston, City of; council
posts
....
255, 302, 353, 374, 1149
HR 91-165 --Folkston, City of; stabilized property tax program;
amendment to the Constitution .._.___________ 257, 304, 354, 396
HB 412 --Fort Valley, City of; certain officials'
salaries ._____..._..__....___..__.. ___._...... . ___._._ 660, 741, 749, 945, 1671
HB 648 --Gainesville, City of; employees' retirement System;
certain changes ______ ...._......_ 1130, 1255, 1266, 1385, 2084
HB 489
--Garden City; Mayor and Councilmen, additional powers _--_-_______-_______.-______-_. 823, 933, 941, 1154, 2095, 2105
HB 713 --Geneva, Town of; new charter ____________ 1348, 1524, 1701, 2090
HB 378 SB 99 HB 40 HB 428
--Gray, City of; Mayor and Council, office
vacancies
... . . 545, 581, 667, 701, 1669
--Greenville, Town of; provide for a mayor and
councilmen ...__---_____,,_ 1071, 1207, 1259, 1367, 1388
--Griffin, City of; Commissioners'
salary____._. ____________________,,_____.__ _____73, 96, 189, 193, 1145
--Guyton, City of; Mayor and Council-elect; fix
date for taking office __________ _______.__725, 829, 940, 951, 1672
HB 100 SB 149
--Hapeville, City of; employees' retirement _______________________________ 125, 164, 189, 199, 556
--Hapeville, City of; exclude certain territory _______ _______ 1144, 1208, 1260, 1687, 1708
HB 144
--Harrison, City of; Mayor and Council, election ._______._.___._.__ ___________________ 182, 264, 308, 314, 1148
HR 316-719 --Hawkinsville, City of; Pulaski County-Hawkinsville Development Authority; create; amendment to the Constitution ..______ ____________________ 1349, 1526, 1533, 1720, 2623
HB 188 --Higgston, Town of; extend corporate limits _____________________ _______ 295, 320, 435, 488, 1149
HB 640 --Jesup, City of; City Manager and Recorder; salary ______ _.._____.___._____ 1129, 1254, 1266, 1384, 1859
SR 79
--Jasper, City of; Industrial Development Authority; create; amendment to the Constitution _____________ 1971, 1988, 2073, 2077, 2243
HB 766
--Jefferson, City of; annexation of territory ________ ___________ .1521, 1665, 1991, 2004, 2265, 2330
HB 639
--Jesup, City of; City Court, terms __..._ 1129, 1254, 1266, 1383, 1859
HB 738
--Jesup, City of; Extend corporate limits _____________ __________________________ 1351, 1528, 1686, 1703, 2091
HB 347
--Kennesaw, City of; Mayor and Council, compensation for attendance of meetings 538, 575, 667, 698, 1851, 1906
HB 696
--Lawrenceville, City of; annexation of territory _____________________ 1244, 1359, 1368, 1594, 2090
INDEX
3099
HB 697 --Lawrenceville, City of; ordinance prohibiting billiard rooms, etc.------------1244, 1359, 1368, 1594, 2092
HB 269 --Louisville, City of; voters' registration------........-..------...--418, 474, 484, 559, 1146
HB 710 --Lumber City; elections; hours polls shall remain open...----------.--------1347, 1524, 1533, 1707, 2090
HB 528 --Luthersville, Town of; increase corporate limits...-.---....------------..922, 1064, 1140, 1200, 1677
HB 502 --Macon, City of; City Court; change name------------------------- 826, 936, 941, 1157, 1676
HB 256 --Macon, City of; condemnation of property for street purposes ----.........-.-------- 350, 432, 435, 490, 1072
HB 503 --Macon, City of; Court Probation Office, establish.--------------------. 827, 936, 941, 1157, 1681, 1934
HE 220-467 --Marietta, City of; additional indebtedness for school purposes; amendment to the Constitution... .------735, 837, 940, 983, 1976
HB 525 --Marietta, City of; change corporate limits.------ 921, 1064, 1140, 1196, 1852, 1904, 2083, 2096, 2206, 2273
SB 196 --Maysville, Town of; mayor and aldermen, date of election...---- .... 1680, 1694, 1849, 2215, 2226, 2389
HR 87-138 --Milledgeville, City of; authorize leasing of certain tract of State-owned property....... 181, 263, 485, 707, 1536
SB 217 --Milledgeville, City of; city taxes, date due and payable.------ ----. .. ---- .1852, 1898, 1969, 2076, 2224
SB 216 --Milledgeville, City of; elections, change date.----------------------------. 1852, 1898, 1969, 2076, 2224
HB 587 --Milner, Town of; Mayor and Council, terms......----.------.--.----....----1121, 1246, 1265, 1371, 2088
HB 230 --Monroe, City of; Mayor and Council, election....--------------------..--. 344, 427, 435, 488, 1150
HB 692 --Moultrie, City of; extend corporate limits------......------------------ 1243, 1358, 1367, 1595, 2091
HB 596 --Newnan, City of; City Court; name changed to Coweta County Civil and Criminal Court.....-------- 1122, 1247, 1265, 1374, 2088
HB 720 --Norcross, City of; Mayor's salary----.-.--------------------1350, 1526, 1533, 1701, 2085
HB 507 --Oakwood, City of; New charter..--------------- 828, 937, 941, 1159, 1682, 1901
HB 703 --Ocilla, City of; Mayor and Council, election.....----.....------.------....1346, 1523, 1533, 1709, 2092
HB 132 --Palmetto, City of; new charter...---- ..._..----.._._--------.- 179, 261, 434, 487, 1853
HB 345 --Pelham, City of; close certain streets.------.---------------- 537, 575, 667, 697, 1681, 1901
HB 331 --Pembroke, City of; City court, repeal Act creating ..... ... ----...... ... ..... ... 471, 552, 558, 592, 1669
HB 616 --Pepperton, Town of; repeal Act incorporating.--------------------.1126, 1251, 1266, 1379, 1858
3100 HB 592 HB 680 HB 687 HB 108 HB 129 HB 669 HB 711 HB 783 HB 765 HB 545 HB 546 HB 547 HB 550
HB 549 HB 548 HB 23 HB 403 HB 236 SB 211 SB 94
HB 521 HB 523 HB 706
INDEX
--Perry, City of; Councilmen's salary------------------------.--1122, 1247, 1265, 1372, 1856
--Portal, Town of; Date of municipal elections----------------------1241, 1357, 1368, 1591, 1862
--Powder Springs, City of; Voters' qualifications.__..__._._.._..1243, 1358, 1368, 1592, 1862
--Reidsville, City of; City Court, Judge's salary-..__-_..._____....___..___._ ------------159, 183, 265, 312, 1146
--Reidsville, City of; City Court; solicitor, clerk, sheriff, salary.__....___.____.178, 261, 308, 314, 556, 1681, 2037
--Reidsville, City of; City Court; Solicitor's salary---..----_____-------------------1239, 1355, 1368, 1588
--Riceboro, City of; municipal elections, change date.------------.------1347, 1524, 1533, 1700, 2085
--Ringgold, City of; Board of Utility Commissioners, create.-.--...-------------------.1658, 1845, 1865, 2002, 2259
--Rockmart, Town of; Mayor and Councilmen, election.----..----_------------1521, 1665, 1865, 1872, 2257
--Rome, City of; Board of Education; election of members ----------.------------926, 1068, 1140, 1202, 1678
--Rome, City of; City Commissioners; qualifications--------.-------------- 926, 1068, 1140, 1202, 1678
--Rome, City of; Divide into Wards for election purposes------------------926, 1068, 1140, 1202, 1678
--Rome, City of; Elections, primary or nomination petitions ..---------- 927, 1068, 1140, 1203, 1678
--Rome, City of; Floyd School District create------------._.------------1244, 1359, 1367, 1594, 1862
--Rome, City of; Relating to indebtedness due City--------------....__...______ 927, 1068, 1140, 1203, 1678
--Rome, City of; Relating to number of
Wards . .
. 927, 1068, 1140, 1203, 1678
--Royston, City of; Council members; election by city at large.--_---------------------- 70, 93, 189, 191, 1071
--Sandersville, City of; Water and Light Commission, abolish--------------------658, 739, 749, 944, 1671
--Sandersville, City of; zoning ordinance changes.----------------345, 428, 667, 697, 1668
--Savannah, City of; Mayor and Aldermen, establish pension system for employees ----------. --1680, 1695, 1849
--Savannah, City of; Municipal Court; compensation of Chief Judge, Associate Judge ._ 1144, 1207, 1259, 1367, 1388
--Savannah, City of; Savannah District Authority; terms of members-------------. 921, 1063, 1140, 1195, 2087
--Smyrna, City of; increase corporate limits -_----____----.-----------.921, 1063, 1140, 1195, 1855
--Smyrna, City of; increase corporate limits.--...------___----------.---- 1346, 1523, 1533, 1699, 2090
INDEX
3101
HR 273-596 --Statesboro and Bulloch County Development Authority; create; amendment to the Constitution--------1123, 1247, 1264, 1413, 1971, 2103
HB 675 --Statesboro, City of; Mayor and Council, terms,..----------__--..-.1240, 1355, 1368, 1589, 1866
HB 159 --St. Marys, City of; execute deeds to secure debts--------------------_ 255, 302, 353, 374, 1853
HB 504 --Swainsboro, City of; voters qualifications and registration--------------------- 827, 936, 941, 1158, 1676
HB 781 --Sycamore, City of; Extend corporate limits-.---.-------------1658, 1845, 1865, 2002, 2258
HB 395 --Thomaston, City of; City Manager, removal by resolution------------------------..656, 738, 749, 943, 1670
HB 88 --Thomson, City of; sale of property, procedure----------------------------115, 128, 189, 196, 1145
HB 649 --Thomson, Town of; Increase corporate limits.------------------------1131, 1255, 1266, 1385, 1860
HB 91 --Thunderbolt, City of; municipal elections and polls-----------------------115, 129, 189, 197, 1853
SB 127 --Traffic Violations Bureau; judges may provide for establishment outside corporate limits----938, 1205, 1258, 1367, 2171, 2268
HB 789 --Valdosta, City of; City Court; Solicitor's salary------_------------------1659, 1846, 1865, 2006, 2259
HB 704 --Vidalia, City of; change corporate limits-----------------_---_,,__--1346, 1523, 1699, 2090
HR 281-602 --Vidalia, City of; Vidalia Development Authority; extend activities into Montgomery County; amendment to the Constitution.--..--.--.1124, 1249, 1265, 1447, 2622
HB 610 --Wadley, City of; Mayor and Councilmen, election----------------------....1125, 1250, 1265, 1377, 1858
HB 411 --Wadley, City of; Voters' registration books..------------------------_--------660, 741, 748, 945, 1671
HB 787 --Warner Robins, City of; Civil Service Board, establish..-----------------------1659, 1846, 1865, 2003, 2259
HB 774 --Warner Robins, City of criminal cases, procedure------------__.----..1657, 1844, 1866, 2000, 2258
HB 654 --Waycross, City of; City Clerk's appointment------------------1132, 1257, 1266, 1386, 1860
HB 656 --Waycross, City of; Municipal elections, change date------------------------1132, 1257, 1266, 1386, 1860
HB 655 --Waycross, City of; Park, Tree and Zoning Commission; create------------..1132, 1257, 1266, 1386, 1860
HB 778 --Waynesboro, City of; City Court, terms------------------------1657, 1844, 1865, 2001, 2258
HR 272-578 --Winder, City of; merge school system with Barrow County; amendment to the Constitution--------1060, 1137, 1139, 1441, 2480
HR 113-196 --Woodbine, City of; Woodbine Development Authority; create; amendment to the Constitution.----.296, 321, 435, 603, 1973
3102 SB 39 HB 608 HB 394
INDEX
--Woodbury, City of; provide for a majority vote of Mayor and Councilman--....... ...1071, 1206, 1258, 1367, 1387
--Wrightsville, City of; City Court; Solicitor's salary.......-------..------_--------._1125, 1250, 1265, 1377, 2088
--Zebulon, City of; Change corporate limits ---------.-----.656, 737, 941, 949, 1670
MUNICIPAL OFFICIALS HR 127 --Welcome .__....._------------.._--..---- -------------------- 336
MURPHY, THOMAS B.
HR 81
--Elected as member of the State Real Properties Control Commission .--.......... ------...... ._.___..__...,,..__.._...... 166
MURRAY COUNTY
HB 399 --Board of Commissioners; salary------------------------.--657, 738, 1139, 1191, 1670
HB 210 --Certain officials' salary-----299, 324, 434, 488, 1681, 1839 HR 136-255 --Exchange and conveyance of certain
property rights --------------------.350, 431, 485, 642, 1536 HR 289-658 --Murray County Industrial Development Authority;
create; amendment to the Constitution------------------1237, 1353, 1533, 1557, 2622
MUSCOGEE COUNTY
HR 191-407 --Board of Commissioners; combine with City of Columbus; amendment to the Constitution....... 659, 740, 748, 849, 1975
HB 359 --Board of Commissioners; election _______------------ ._ 541, 577, 667, 699, 1073
HB 684 --Chattahoochee Judicial Circuit; supplement.-------.-...---~_.~.1242, 1358, 1368, 1591, 2084
HR 164-364 --Columbus and Muscogee County Building Commission; create; amendment to the Constitution.----. 542, 579, 667, 767, 1972, 2035
HR 190-407 --Combine administrative functions, county and municipal governments; amendment to the Constitution ----.......----...._.....----_ 659, 740, 748, 845, 1975
HB 360 --Contractors' bonds _------------..----.._.. 541, 577, 667, 699, 1073 HB 363 --County contracts, notice of letting .----.--.541, 578, 748, 865 HB 364 --Employees' pension . -------- _..._... .542,578,667,700,1073 HB 449 --Juvenile Court; Judge's
salary.... ..------..-------..------ . 731, 834, 1139, 1194, 1674
INDEX
3103
HB 362 --Law enforcement vehicles display blue flashing light---------------------- 541, 578, 667, 700, 1073
HB 451 --Ordinary's salary---------------------731, 834, 940, 954, 1674 HB 447 --Sheriff's salary.............._------.--.730, 833, 940, 953, 1674 HB 450 --Superior Court; Clerk's
salary___..______--.--------___--------..731, 834, 940, 953, 1674 HR 163-364 --Tax Assessor; consolidate with City of Columbus;
amendment to the Constitution ...... 542, 578, 667, 763, 1974
HB 448 --Tax Commissioner's salary.--------.. 731, 833, 940, 953, 1674
HB 361 --Urban Redevelopment Law; terms and powers.----------_----------------541, 578, 667, 699, 1073
MUSSELWHITE, HORACE HR 363 --Commend ..........--------.--------___.__----.----------------1756
Me
McCULLAR, MRS. BERNICE SR 42 --Commend --------------------------------____----654, 784
McDONOUGH, JOHN JOSEPH HR 142 --Congratulate ....------ ------------.----_...------------__-----408
McDUFFIE COUNTY
HB 589
--Sheriff's allowance for deputies----------------------1121, 1246, 1265, 1372, 1856
McGRAW, GORDON J., JR. HR 11-13 --Compensate ------------------------------51, 82, 482, 639, 1978
McINTOSH COUNTY HB 407 --Superior Court; Clerk's fees--------659, 740, 748, 944, 1854
McRAE, PARKER HR 275 --Wishing speedy recovery------------_--------....------------1076
3104
INDEX
N
NARCOTICS HB 24 SB 168
--Penalty for operating motor vehicle under influence __------_------____----__--------__------_--___70, 93 436
--Selling or furnishing to minor; life imprisonment in lieu of death penalty --__--------------__--1863, 1897, 1968
NARDI, LOMBARD A. HR 257-556 --Compensate _-_.---_.__---__---_------------------_-928, 1070
NATIONAL ELECTRICAL CODE HB 179 --Adopt; State Fire Marshal shall enforce .------------.260, 306
NATIONAL GUARD
HB 138 HR 83
--Drivers' licenses; honorary to members with 20 or more years of service _----_--_.--.181, 263, 484, 1597, 2614
--Georgia Air National Guard; commend -------------166, 253
NATURAL AREAS
HB 304
--Preservation of; create State Council ------ .___..------464, 547, 1267, 1917, 2419, 2525
NAVIGABLE STREAMS HB 524 --Redefine to determine fishing rights ______.921, 1063, 1531, 1765
NEGOTIABLE INSTRUMENTS
HB 38
--Uniform Commercial Code; repeal certain laws .------ _------------------------__--73, 96, 177, 221
NEWSPAPERS AND NEWS MEDIA
HB 646 HR 349
--Legal or political advertisements; unlawful to publish unless signature affixed ----------1130, 1255, 1264
--Commend ------ ----------------------.------_----------...1745
NEWNAN, CITY OP
HB 596
--City Court; name changed to Coweta County Civil and Criminal Court ..----...1122,1247, 1265, 1374, 2088
INDEX
3105
NEWTON COUNTY
HR 160 HB 57
--High School Football Team; commend __._----------___491 --Sheriff's salary _--__--------______------_,,___.._-___----89, 118
NEWTON, HONORABLE AND MRS. A. SID HR 311 --Congratulate -----,,--_-________.__-____._-_._._..._.._---_---1309
NON-PROFIT MEDICAL SERVICE CORPORATIONS
HB 216
--Insurance Code of 1960; clarify certain definitions _------------------------____318, 352, 355, 637, 668
NON-RESIDENTS
HB 480 HB 682
--Court's jurisdiction _----__----____----.821, 931, 1367, 1612, 2617 --Court's jurisdiction __-_------------_--------------1242, 1357
NORCROSS, CITY OF HB 720 --Mayor's salary ----------------_______.1350, 1526, 1533, 1701, 2085
NORTHEASTERN JUDICIAL CIRCUIT HB 475 --Provide two judges _.____--------------820, 931, 1263, 2049, 2546
NORTH FULTON SCHOOL SPECIAL CHOIR HR 406 --Commend -------__,,-------__--.--__--..,,__-.---.---2593
NUDISM SB 159
--Practice against public policy _^_1364, 1456, 1527, 1996, 2378
NURSING HOMES --Interim Committee Report ______________----------___________2811
NURSES
SB 114 --Additional method of qualifying for registration as graduate nurse ----1074, 1207, 1259, 1263, 1952
HB 533 --Collection of claims, judgments _------------____924, 1065 HR 325-754 --Scholarships; under-graduate training in mental
health field; amendment to the Constitution .__________--------___----------------1352, 1529, 1996
3106
INDEX
o
OAKWOOD, CITY OF HB 507 --New charter
_. . _ 828, 937, 941, 1159, 1682, 1901
OCILLA, CITY OP HB 703 --Mayor and Council; election _.____.1346, 1523, 1533, 1709, 2092
OFFICE BUILDING AUTHORITY ACT, STATE HB 199 --Define "project" ,,_..__.._____ 297, 322, 356, 714, 2614
OGLETHORPE COUNTY
HR 52-88 --Board of Education; election of members; amendment to the Constitution ._._..115, 128, 189, 209, 1972
HB 124 --Sheriff's salary _________.___._._.____________163, 186, 308, 313, 1148 HB 80 --Superior Court terms ..................._._113, 127, 189, 195, 1145
OPERA
--Sale of tickets regulated __._________.___..__465, 547, 748, 1232, 2616
OPTOMETRY SB 90
--Georgia Administrative Procedure Act; appeals to certain actions ._.________--___.-_938, 1205, 1258, 1263, 2157
ORPHANAGES HB 557 --Inspection by Grand Juries ___________ 928, 1070, 1139, 1761, 2618
OSTEOPATHY
HB 217
HB 49 HB 553
--County Boards of Health; change membership to include doctor of osteopathy ....__.____,,-_--_..--.--__318, 352
--Redefine practice ........__________..._._._..__.._.__..._...__..__..______78, 100 --State Board of Osteopathic Examiners;
qualifications to obtain license _______ _928, 1069, 1531, 1777, 2618
INDEX
3107
OUTDOOR ADVERTISING
HB 591
--Erection control and maintenance; effective date ----_.--------,,____ --_--.,,----1122, 1247
SR 25
--Removal; amendment to the Constitution ..............___.........._.--1365, 1537, 1666, 1991, 2360
P
PAGES HR 239
--General Assembly, create Committee to study --------.--_.____.__--._._._.-____..785, 1688, 2599
PALMETTO, CITY OP HB 132 --New Charter ------_----__------.------179, 261, 434, 487, 1853
PARADISE, W. H. HR 64-110 --Compensate --.--------------------_----159, 184, 665, 787, 1979
PARAPLEGICS
HB 319
--Drivers of motor vehicles; use of flags or distress signals .__._._.__----------------468, 549, 841, 1106
PARKER, REV. CHARLES --Prayer offered by ,,._.----______........__.,,.___..................._...._ -917
PARKER-WHITE MOTORS HR 13-13 --Compensate _--------_------.------52, 82, 1075, 1213, 1978
PARKS PROPERTY, STATE;
--North Georgia Area; Interim Committee Report....------2837 --South Georgia Area; Interim Committee Report ..... --2839
3108
INDEX
PARKS, STATE
SR 87 HR 312 SR 62
--Black Rock State Park; execution of license agreements conveying water rights -.^1986,1994, 2075, 2078
--Indian Springs State Park; provide appropriate convention facilities _____,,_------.------_------_------1309
--State Game and Pish Commission; authorization to stock lakes and ponds --._._----......I860, 1896, 1968, 1995
PAROLE HR 44-71 --Procedure; certain prisoners sentenced to life imprisonment or death; amendment to the Constitution __.__----__------------.,,,,----------.91, 120, 156
PATAULA JUDICIAL CIRCUIT HB 130 --Solicitor-General's salary ------------__179, 261, 308, 314, 1148
PATTON, GEORGE HR 388 --Congratulate .._-.-....----,,,,--....------__.,,.-.,,._------.----2579
PAULDING COUNTY HB 735 --Tax Commissioner's salary ........1350, 1527, 1686, 1702, 2091
PEACOCK, DR. CARL --Prayer offered by _----------._------_------.___--------...,..-48
PEACOCK, REV. JOSEPH LAMAR --Prayer offered by _--__--___...........----..._--------.----..723
PEACE OFFICERS HB 43 --Board of Examiners; create ------...----.----------._._.--74, 96
PEACE OFFICERS' ANNUITY AND BENEFIT FUND
HB 148 SB 67
--Penalties and interest on funds remitted to Board of Commissioners _____..__.__...------..._._.253, 301, 840
--Penalties and interest on funds remitted to Board of Commissioners ......1308, 1313, 1361, 1685, 1959
INDEX
3109
PEELER, MRS. BETTY HR 407 --Congratulate ..__._.-.-.___._..-.__,,___.___...__________2594
PEEPING TOMS HB 18 --Penalty _____.______.._.._..__.,,_.,,....___._...__.__._53, 83
PEEPLES, HON. DAVID --Elected Doorkeeper of House ....._-_.__._--.._._._.__12
PELHAM, CITY OP HB 345 --Close certain streets __.._.____..____537, 575, 667, 697, 1681, 1901
PEMBROKE, CITY OP HB 331 --City Court, repeal Act creating ......._..471, 552, 558, 592, 1669
PENAL STUDY COMMITTEE --Interim Report ___________________________________.__._______.___.____2842
PEPPERTON, TOWN OF HB 616 --Repeal Act incorporating _...........1126, 1251, 1266, 1379, 1858
PERIODICALS
HB 652
--Provide for service upon persons soliciting subscriptions --.--.--_--________________..._._.__.1131,1256
PERRY, CITY OF HB 592 --Councilmen's salary .................._.1122, 1247, 1265, 1372, 1856
PERSONNEL BOARD,STATE
HB 48 HB 508 HB 203
--Health Insurance Plan; exclude coverage of certain dental care _______________.76, 98, 355, 444, 2516, 2531
--State employees; Long Term Disability Insurance Plan ______________________________828, 937, 1076
--Health Insurance Plan; provide for employees of City Boards of Health ____________________________________298, 323, 435
3110
INDEX
PEST CONTROL
HB 324
--Structural Pest Control Act; election of Vice-Chairman from the membership ......_..__._.__......469, 550, 665, 1340, 1483, 2616
PHARMACY SB 158 SB 100
--Drugs, medicines or poisons; dispension by pharmacists ___.___.__...._..________.1684, 1694, 1848, 1996, 2381
--Georgia State Board of Pharmacy; Georgia Pharmaceutical Association; vacancies ,,._...__.__....----.____.__..------663, 696, 744, 840, 1963
PHENYLKETONURIA
HB 113 HB 145
--Test administered to all infants ......160, 184, 840, 1026, 2260 --Test administered to every infant of 28 days
or less ..........__.....--.--.....________----...__.___.____..._.__182, 264
PHYSICIANS
HB 533 HB 60
--Collection of claims, judgments --.....____...............--._ 924, 1065 --Sterilization authorized for certain
individuals .............._.._..._.__._......_...__ 89, 119, 435, 507, 2612
PICKENS COUNTY
HB 62 HB 65 SB 18
--Commissioner's salary _--__.____._____.------90, 119, 189, 193, 2253 --Sheriff's salary ....__._._..__..... ._____.____.90, 119, 189, 194, 652 --Superior Court; change terms ........._._187, 188, 264, 353, 372
PIERCE COUNTY HB 453 --Sheriff's salary
._.__._..............732, 834, 940, 954, 1675
PIKE COUNTY
HR 295-682 --Board of Education; appointment of School Superintendent; amendment to the Constitution ..........__....___..1242, 1357, 1367, 1579, 2420
HB 393 --Board of Commissioners; Clerk's salary ______________...,,.__......_____.____656, 737, 941, 948, 1670
HB 392 --Board of Commissioners; salary ........656, 737, 941, 948, 1670
INDEX
3111
PLANNING COMMISSIONS
HB 462
--Municipalities; provide for inclusion of adjacent unincorporated territory __734, 836, 1263, 1825
PLANNING AND ZONING
HR 40-55 --Ordinances; enact; amendment to the Constitution _________.._.______________________79, 101, 356, 511, 570, 672
PLUMBING CODE
HB 178 --Adopt; State Department of Public Health shall enforce ________-_________._..260, 306, 531
HR 302-699 --Create study committee __-____~__~_._.__1345, 1522
PLUMBING AND ELECTRICAL CODE STUDY --Interim Committee Report ,,_.--.._--__--_..___--_----,,._--_2848
POISONS SB 158
--Dispension by pharmacists ^.......1684, 1694, 1848, 1996, 2381
POISONOUS SNAKES
SB 167
--Mishandling; life imprisonment in lieu of death
penalty
_______________________1680, 1695, 1850
POLICE
HB 601 --Immunity from civil liability for any person who shall render assistance ___-.--__--.--1124, 1248, 1264, 1763
HB 602 --Immunity from criminal liability for persons rendering assistance _.___.--__.--_1124, 1249, 1264, 1768
HR 182-385 --Indemnification of private citizen for personal injury while assisting in crime prevention; amendment to the Constitution ___________________.._______.574I 664
HR 149-304 --Indemnification of private citizen for personal injury while assisting in crime prevention .....__.._._._.___465, 547, 840, 1217, 2419, 2446
HB 495 --Use of Blue, alternately flashing lights on motor vehicles ....___-...,,----____....._._.825, 934, 1267, 1510, 2617
3112
INDEX
POLK COUNTY
HR 210 SR 66
--4-H Council; commend ________________________.____________________._______692 --Polk School District; create; amendment to the
Constitution ......_..............._.......1971, 1988, 2072, 2077, 2233
POLLUTION
SR 80 --Air pollution; create study committee ________--________________________1851, 1896, 1968, 1997, 2560
HB 295 --Air and water; exclude sales tax on personal property _______________________________.________________423, 478
HR 39-55 --Air and Water facilities; exempt tax; amendment to the Constitution ____..____79, 701, 486, 677, 695, 2624
HB 52 --Water pollution control projects; grants to assist in construction ___________________79, 100, 435, 509, 2612
HR 297-698 --Water Pollution Control Operations; establish Metropolitan Area Water Quality Control Commission to study __._____.____._______._...________._1244, 1359, 1534
PORTAL, TOWN OF HB 680 --Date of municipal elections ........1241, 1357, 1368, 1591, 1862
PORTER, JOHN B. HR 226-480 --Compensate ...............__.___-..-_.....__............._....._.........._822, 931
PORTS AUTHORITY, GEORGIA
HB 202 SR 70
--Change membership _________._.________298, 323, 584, 1103, 2096, 2107 --Local assurer agreement with Chatham
County ______ _____1851, 1896, 1968, 2078, 2373, 2390, 2403, 2495, 2496
PORTS, STATE; INSPECTION --Interim Committee Report ________._______.____-__--_____._.____.___._______.2859
POULTRY FEDERATION, GEORGIA HR 397 --Commend ....____-.-._._____.____.___.._......._.___............_..............__......._2586
INDEX
3113
POWDER SPRINGS, CITY OF HB 687 --Voters' qualifications ____,,_--__.______1243, 1358, 1368, 1592, 1862
PRACTICE AND PROCEDURE
HB 156 HB 244
HB 83
HB 223 HR 74 SB 129 HB 139 HB 66
HB 30 HB 79 HB 377 HB 260
HB 463 SB 115 HB 36 SB 40 HB 6
HB 81 SB 6 HB 82 HB 243
--Appellate Courts; criminal cases, right of
appeal --------------------------------__....... 254, 302, 841
--Appellate Procedure Act of 1965; filing motions
for new trial; redefine rules ----347, 429, 1139, 1789, 2272,
2492, 2538
--Certain defendants may be placed on
probation if not previously convicted of a
crime
-----_------------. .114, 127, 356, 459
--Civil actions; court costs _______________________343, 426, 584, 900
--Civil and Criminal Procedure Study
Committee; create __---_--_-_,,__--___-___--__..__----135, 1688
--Civil and criminal cases; truth of pauper's
affidavit ___--._,,..--__----_._--1683, 1692, 1847, 1990, 2350
--Criminal trials; accused may testify in his own
behalf ^ ...............___-___________________~~___181, 263, 1139
--Criminal cases punishable by life imprisonment
or death; jury required to make certain
recommendations .._------______--_------.--.90, 119, 156
--Criminal cases; jury must return verdict of
guilty or not guilty -------71, 94, 584, 627, 749, 1489, 1551
--Criminal sentences; jury shall determine only
guilt or innocence --------------------------113, 127, 156, 356
--Dismissal of suits pending for a period of 5
years or longer _.._...................._...._____545, 581, 840, 1033
--Divorce; conduct of both parties may be
considered as to whether divorce may be
denied .....__.________..._...........-._........__-..____-_......_._.._....._351, 432
--Interest on unliquidated damages; procedure --------734. 836
--Jurors; change maximum number of names that
may be drawn .------------------1071, 1207, 1259, 1685, 2556
--Jury's presence not required if appearance bond
or recognizance forfeited ----------72, 95, 668, 1622, 2612
--Jury shall only make a determination as to
the guilt of the defendant ._____-__1364, 1456, 1526, 1990
--Pretrial and trial procedures in civil cases;
modernize __________ 50, 81, 221, 356, 463, 501, 629, 1836, 1944,
2151, 2208
--Procedure for determining whether certain
convicted persons are dangerous offenders ._~_--113, 127
--Satisfaction of executions; fi. fas. on part
payments made on judgments .....___481, 492, 554, 1990, 2512
--Sex crimes; investigation of convicted persons .__ 114, 127, 436
--Subpoenas and processes; revise laws _----__--_347, 429, 1685,
1944, 2272, 2333, 2433, 2449, 2489, 2625
3114 HB 487
INDEX
--Traffic law offenders; may be tried without waiver of indictment by Grand Jury ,,_________823, 933, 1264
PRAYER, OFFERED BY CHAPLAINS (See Named Chaplain)
--Galloway, Rev. Edgar A. ________________-.----________5 --Peacock, Dr. Carl ___.__._.._._,,________,,_________________.____________.48 --Barnhart, Rev. Phillip H. _.__._____--..____________.._____--67 --Chambless, Rev. York _____________________________________________.88 --Grier, Rev. J. D. Jr. ,,--_____--_--_--__.___----------___..--------112 --Robertson, Rev. Vernard E. _________--_...._...__..___--_____123 --Williams, Rev. L. E. __--.__________.__.______,,_--------______158, 178 --Duncan, Rev. Charles C. --___________----_________252 --Davis, Rev. Richard _--,,..___--_----------.._____.___.__--_----.__.293 --Story, Hon. Earl _.....__.._____________________________...316 --Scott, Elder T. Roe----~-~~_----..-__----------------342 --Hazel, Rev. Don ______.,,,,.____________________----____416 --Lawler, Rev. Tom C. ....____....___._........._._._.._._.._464 --Kerr, Rev. Bob .___..____________.._.._...............__..........537 --Trulock, Dr. Albert ................__.--...._._..__----.___------571 --Cooke, Rev. A. J. .____...__._.....__.....________....650 --Peacock, Rev. Joseph Lamar ._._._._._--__...._--....723 --Collins, Rev. E. H. ....__----_______--___---------------- ... ..818 --Parker, Rev. Charles --------_--._.__--_____.__..----------_._.__..917 --Austin, Rev. Richard M. .._......_...__................._._1053 --Storey, Rev. W. E. ........__.._.____._____._._____.___._._______--_____1118 --Gibson, Dr. J. Douglas ________........_....._._...._._..1235 --Burrell, Rev. T. C. ..._........_.....__._.......__......___.--......1342 --Rodrick, Rev. Bruce ._____.__.__..___.....--.........._........._ 1513 --Selman, Rev. William L. ._..._._......__.....__..............1653 --Crawford, Rev. Eddie __.._..._.._______._.___.__._1841 --Cliburn, Rev. Edwin .__._....._...__..._._.._..__......_.._1966 --Ginn, Dr. D. Perry ..................____...__.._._.._.._.._..2069 --Erwin, Rev. Henry K. ............._.___.._..-.-......--._..........2210
PRESERVATION OF NATURAL AREAS HB 304 --State Council; create ......----464, 547, 1267, 1917, 2419, 2525
PRESIDENT OF U. S.
SR 125 --Invite to meeting in Rome, Georgia __--.__......_.----.2221, 2271 HR 57-97 --Succession; ratify proposed amendment to the
United States Constitution ......_..----.........117, 130, 242, 369
PRISONS HB 565
--Georgia Prison Industries Administration; purchase certain vehicles ----------_----_.--1056, 1134, 1142
INDEX
3115
HR 44-71 --Parole procedure if sentenced to life imprisonment or death; amendment to the Constitution ______________________________91, 120, 156
PROBATION HB 83
HB 252 HB 204 HB 564
HR 401 SB 201
--Certain defendants may be placed on probation if not previously convicted of a crime _________________._________________114, 127, 356, 459
--State Board; members' salary _____349, 431, 748, 873, 1309 --Statewide Probation Act; court procedure ________298, 323 --Statewide Probation Act; adult probation
systems; grants to counties _-_----___--_--___--__10B6, 1134 --Statewide Probation System; commend officers _--__--_ 2589 --Statewide Probation Act; criminal sentences,
revocation of probationary feature _____._1684, 1695, 1849, 1991, 2351
PROPERTIES CONTROL COMMISSION, STATE
HR 244-517 --Declare certain State property surplus ____920, 1062, 1268, 1472, 2624
PROPERTY
HR 21-44 --Classification of certain personal property held as inventory; amendment to the Constitution _____________________-________74, 97, 177
HB 622 --County; inventory and sale of public property; disposition under certain conditions __-___________1127, 1252, 1554, 1865, 1867, 2255
HB 695 --Damage by livestock; impound until restitution made ___________________________________1244, 1359
HB 284 --Intangible; tax not required if amount due is $5.00 or less _____________________421, 476, 486, 867
HB 423 --Intangible Property Tax Act of 1955; long-term notes; remittance by holder __________.662, 743, 838, 1322
HB 353 --Personal; bills of sales, conditional sales contracts; provide for confirmation ____________.539, 576
HB 358 --Personal; deficiency judgments after foreclosure, security agreements ____--__________._--_--__540, 577
HB 109 --Public; penalty for throwing or depositing trash, garbage, etc. _______159, 183, 354, 517, 569, 797, 2614
HB 63 --Public; penalty for throwing or depositing trash, garbage, etc. __--__----____------____________----90, 119
SB 214 --Real estate titles; clearance by quiet title proceedings of defects ___.___1851, 1898, 1969, 1992, 2406
SB 53 --Statute of limitations; deficiency of construction or injury to property ______________ 1071, 1206, 1258, 1991
3116 HB 410 HB 439
HB 122
INDEX
--Tangible personal; criminal sanctions for larceny if rented or leased __------___,,_____.___660, 741, 1367
--Tax; application for years' support; filing given to county Tax Commissioner or Collector --__----__-_,,------____----729, 832, 1139, 1290
--Titles; writs handed down pursuant to any judgment --.._____----------_____162, 186, 356, 498, 2265, 2292
PROWLERS HB 253
--Unlawful around certain dwellings during certain hours _------_--__----_------____--------____349, 431, 584
PUBLIC DEFENDER HB 338 --Office of; create -__-___---__----__----_.--------.472, 553, 1267
PUBLIC HEALTH, DEPARTMENT OP
HR 373
SB 92
HR 392
HB 551
SB 231
HB 693 HB 178 HB 321
--Day Care Centers for mentally retarded; powers and standards .....________...________1894, 2215, 2601
--Day Care Centers for mentally retarded; powers and standards ______________ 583, 623, 665, 1076, 2183
--Department of; autonomous Division of Mental Health; create Committee to study ........._._..........._..._2681
--Family Planning Services; provide __------__.__-------.___----.927, 939, 1069, 1298, 2618
--Funds for correction of physical defects to human anatomy _______________________.1971, 1989, 1996, 2074
--General Appropriations Act; supplement ----------1243, 1359 --Plumbing code; enforcement of ____.----__._______.__260, 306, 531 --State institutions; ability of patients to
pay ____________._----_----------.468, 550, 942, 1293, 1296, 2260
PUBLIC RECORDS SB 54 --Inspection _--------_----------------1071, 1206, 1258, 1991, 2558
PUBLIC SAFETY, DEPARTMENT OF
HB 126 HB 142 SB 143
--Certain vehicles marked and equipped with uniform fixtures ,,_______--.--.163, 177, 187, 328, 2269, 2305
--Drivers' licenses; expiration on birth date of year in which age is evenly divisible by five ----..182, 263, 1267
--Drivers' license; honorary to certain veterans ----____----_______----_____._.1535, 1538, 1667, 1687
HB 247 HB 138
SB 75 SB 119 HB 430 SB 26 HB 436 HB 437 HB 197 HB 90 SB 139 HB 405 HE 278 HB 334 SB 25 HB 45
INDEX
3117
--Drivers' licenses; honorary to certain veterans _______________________348, 430, 483, 688, 2272, 2437
--Drivers' licenses; honorary to National Guard with 20 or more years of service --.____--____------------_________.181, 263, 484, 1597, 2614
--Drivers' licenses; Director may revoke upon conviction of certain offenses _--____________654, 696, 744, 1992
--License plates; issuance to certain disabled veterans ------___--------________1143, 1208, 1260, 1262
--Drivers' licenses and registrations; Director shall dispense with certain actions .___------------726, 829
--Drivers' licenses; revocation if convicted of theft of motor vehicle .--------------------357, 414, 434, 485, 1021
--Drivers' licenses; revocation upon 3rd speeding conviction ____--------_----------------._--_..728, 831
--Drivers' licenses; shall not be revoked for certain speeding violations ------------------------------728, 831
--Lane control signal devices; provide for ___.----------------------------297, 322, 435, 795, 2272, 2333
--Maximum permissible speed, certain weight and length ------------------..115, 129, 176, 227, 2613
--Operator's class driver license; increase minimum age .._----------__--------1271, 1315, 1363, 1997
--Radio system; unlawful to use same wave length without written authorization of Director ....658, 739, 1992
--Retirement; create study committee --------1078, 1688, 2606 --Special learner's permit to operator of certain
motor driven cycles; 14 or over ___________--------.471, 552, 749 --Submission of certain information by certain
persons ----.----.653, 695, 743, 841, 2128, 2157, 2206, 2403 --Use of timing devices and radar
equipment _........___............_----.----76, 98, 307, 326, 1305
PUBLIC SERVICE COMMISSION
HB 683 HB 753 HB 638
--Authorize employees to carry pistols without a license .._..._.-------- ...__------------1242, 1357, 1367
--Certificates of public convenience and necessity to radio common carrier corporations ----------1519, 1663
--Railroads; designate standard signs and require use ...__~~--_._._..___------------------1129, 1254
PUBLIC TRANSPORTATION
SR 11
--Taxation; amendment to the Constitution ------...._----_----417, 437, 480, 485, 2198, 2518
PUBLIC UTILITIES HR 398 --Uniform tax assessment; create committee to study _....2587
3118
INDEX
PULASKI COUNTY
HR 316-719 --Pulaski County-Hawkinsville Development Authority; create; amendment to the Constitution ...._..____..___.__.__..___1349, 1526, 1533, 1720, 2623
HB 505 --Ordinary's fees for custodian of vital statistics _...........__._...._...._____827, 936, 941, 1158, 1676
HB 506 --Superior Court Clerk's allowance for assisting Tax Assessor ____________________.______828, 937, 941, 1158, 1676
PURCHASES, SUPERVISOR OF
HB 727
--Contracts for supplies or construction; must be typewritten with no erasures _-_,,___----_._--.__.--..1516, 1661
R
RABUN COUNTY HB 150 --Ordinary's salary .... ............... 253, 301, 353, 372, 652
RADIO SYSTEMS
HB 405 HB 404
--Department of Public Safety; unlawful to use same wave length without written authorization of Director ,,.._._--..____,,__,,._,,_....___,,__. .658, 739, 1992
--Wave lengths of law enforcement agencies; unlawful to use without written authorization __..._,,__._...._....---658, 739
RAILROADS HB 408 HB 638 HB 59
--Automobile signalling devices at all grade crossings of municipal streets ..__..........__.......__659, 740, 839, 1113
--Public Service Commission shall designate standard signs and require use ._.._._._.,,___._......... ..,1129, 1254
--Promote safety of traveling public and employees _.___89, 119
RAMEY, CLAYTON HR 23-44 --Compensate ........._..._...__.._...__....__......74, 97, 1261, 1457, 1978
RAMSEY, COACH HR 261 --Avondale High School Football Team; commend .......-.-1045
INDEX
3119
RANDOLPH COUNTY HB 676 --Deputy Sheriff's salary _--------1240, 1356, 1368, 1590, 2089
RAPID TRANSIT
SB 171 --Metropolitan Atlanta Rapid Transit Authority Act of 1965; amend _----_1683, 1694, 1849, 1992, 2175, 2269
HR 137-255 --State grant funds; amendment to the Constitution..----------------------_.----._------------350, 432
RAY, J. B. HR 404
--Express appreciation --____,,_____----________------------___2591
REAL ESTATE
HB 28 HB 416 HB 16 HB 555 HB 39 SB 214 HB 122
--Deeds, mortgages, etc. may be exercised by transferees --.--------------..------.------..71, 94, 137, 171
--Deeds, other instruments; taxation if property conveyed exceeds $100.00 ..--_....------.--------------661, 742
--Loans; certain minors may execute instruments, security interest ------...----_------------------.52, 83, 485
--Purchase by counties; procedure --------------------928, 1069 --Salesmen; remuneration solely by commission shall
not be deemed employment --------...._73, 96, 434, 893, 2613 --Titles; clearance by quiet title proceedings
of defects ------_____._.._--------_1851, 1898, 1969, 1992, 2406 --Title; writs handed down pursuant to any
judgment ____.____----------------162, 186, 356, 498, 2265, 2292
REAL PROPERTIES CONTROL COMMISSION, STATE HR 81 --Thomas B. Murphy elected as member __..___----------------166
RECORDS, PUBLIC SB 54 --Inspection ____----------__--------.......1071, 1206, 1258, 1991, 2558
REIDSVILLE, CITY OF
HB 108 HB 129
HB 669
--City Court, Judge's salary ----------_159, 183, 265, 312, 1146 --City Court; solicitor, clerk, sheriff,
salary ___------...----------178, 261, 308, 314, 556, 1681, 2037 --City Court; Solicitor's salary ___.....----1239, 1355, 1368, 1588
3120
INDEX
REPRESENTATIVES-ELECT --Oath of office __.--------------_-------------- .......... .......12
REPTILES SB 167
--Mishandling; life imprisonment in lieu of death penalty .....--._-__.--..---------.------1680, 1695, 1850
RETIREMENT SYSTEMS --Senate Interim Committee Report _------_.--------___2864
RETIREMENT (See named official or Department)
SB 68 --Bills relating to must be introduced during first 10 days of any Session ----.----654, 696, 744, 1685, 2126, 2207
HB 51 --Firemen's pensions; change amount of monthly benefits ---------.--------78, 100, 665, 1031, 2611
SB 59 --General Assembly; local pension systems, credit for service--------------------------.1307, 1312, 1360
HB 380 --Income tax; retirement income not included in gross income ----------____._------------545, 581, 1867
HB 569 --Joint Municipal Employees' Retirement System; fixed benefit plans .......... 1057, 1134, 1263, 1604, 2434, 2452
HR 314-719 --Judges; create study committee _------............1349, 1525, 1689 HB 148 --Peace Officers' Annuity and Benefit Fund;
penalties and interest on funds remitted to Board of Commissioners ------------------------253, 301, 840 SB 67 --Peace Officers' Annuity and Benefit Fund; penalties and interest on funds remitted to Board of Commissioners ..........1308, 1313, 1361, 1686, 1959 HR 343 --Public School Personnel Retirement Study Committee; create _---- _------------------1550, 1688, 2610 SB 61 --Sheriffs' Retirement Fund of Georgia; credit for service in the armed forces for future members _....-.---------------------------1307, 1312, 1361 SB 63 --Solicitors-General, Emeritus; Retirement System; credit for service in the armed forces--..1308, 1312, 1361 HB 134 --Solicitors' General, Emeritus; time served as a judge may be counted in computing number of years of service ....----......180, 262, 668, 885, 2094, 2291, 2385, 2388 SB 60 --State Employees' Retirement System; disallow credit for service as a member of the General Assembly ........_.........__------------------1307, 1312, 1360 SB 137 --State Employees' Retirement System; future employees' benefits under involuntary separation provisions ....__------------__--------.-1535, 1538, 1666, 1991 HB 382 --State Employees' Retirement System; reopen survivors benefits for certain persons--------546, 582, 1264
HB 716 HB 519 SB 64
SB 3
SB 65
HB 169 SB 98 HB 343 SB 62 SB 66 HB 379 HB 176
HB 724 SB 174
INDEX
3121
--State Employees' Retirement System; service credits after 65 _________.________________.____.__________._1348, 1525
--Superior Court Clerks; delinquent payments shall bear interest_______-____.__.____..920, 1063, 1139, 1624, 2617
--Superior Court Clerks' retirement benefits; credit for armed forces service for future members _______________________________ __________________________1308, 1312, 1361
--Superior Court Judges and Solicitors General and Judges and Solicitors of Inferior Courts Retirement Fund; create _______.____________________________417, 437, 480
--Superior Court Judges, Emeritus; disallow credit for service as member of the General Assembly ________,,_________..._________.______.__.__...___________1308, 1313, 1361
--Teachers' Retirement System; additional member, Board of Trustees _______________,,,,_ 258, 305, 666, 1227
--Teachers' Retirement System; annuity and annual pension allowance __...._.........___.1074, 1207, 1259, 1864, 2415
--Teachers' Retirement System; Board of Trustees; members' terms and appointment _______________-___473, 554, 557
--Teachers' Retirement System; credit for armed forces service for future members ______________! 308, 1312, 1361
--Teachers' Retirement System; credit for out-of-State service for future members _.,1308, 1313, 1361, 1685, 2357
--Teachers' Retirement System; credit for military service __.,,___-.-____--____.._______________545, 581, 1262, 1770
--Teachers' Retirement System; include Director, Associate Directors, Georgia Council on Education ___.___._.__-_______________._..__259, 306, 354, 789, 2095, 2295
--Teachers' Retirement System; method of computing member's service retirement allowance _____.._____1515, 1660
--Teachers' Retirement System; voluntary contributions ..._.....-..........-.-.-..-..._...__1537, 1538, 1667, 1864
REVENUE BONDS
HB 388 --General obligation bonds; court proceedings on judgments ....................__655, 736, 840, 1096, 2419, 2523
HR 20-44 --Public corporations created with power to issue, develop industrial facilities; amendment to the Constitution -___________________________________________74, 97, 265, 362, 2619
HB 387 --Revenue Bond Law; amend._______654, 736, 840, 1094, 2419, 2521 HB 786 --Revenue Bond Law; date of maturity ___________________1659, 1845
REVENUE DEPARTMENT, STATE
SB 179 HR 211
--Commissioner's duties ____....._..._..._.._________________.__1680, 1695, 1850 --Commissioner requested to obtain delay in
Tax equalization decision _____,,_______________________________________--____694
3122 SB 130
HB 468
INDEX
--Tax digests; delete requirement that colored taxpayers be compiled separately _______.................1364, 1456, 1527, 1685, 2191, 2270
--Tax Digest; county property valuation by Commissioner ...____..___736, 838, 1142, 1325, 1852, 2119, 2208
REVENUE AND LOCAL GOVERNMENT STUDY COMMITTEE
--Interim Report _-_-__________....._---..-_........._.._-.__.._......_-.__.2783 HR 330-767 --State-Local Government Revenue Study Committee;
create _._.__.._...__..._.__._.__...._.._.._..-...-....1521, 1665, 1688, 2217
REVENUE TAX ACT TO LEGALIZE AND CONTROL ALCOHOLIC BEVERAGES AND LIQUORS
HB 712 HB 429 SB 19
HB 554
--Authorize sale; certain counties and municipalities ____.___.___._.1347, 1524, 1533, 1701, 2265, 2290
--Issuance of licenses; amend Act .._....____--..__ 725, 829, 1143 --Municipalities lying within a county allowing sales
of alcoholic beverages may make own determination if allowable~__938,1205, 1257, 1268, 2165, 2175, 2269, 2360,
2485, 2517, 2542 --Stamps and retail license may be sold to resident
of municipality residing in county in which liquor may not be sold .,,_..__--.......---_._ _..__.--.929, 1069, 1143
RHODEN, L. L., JR. HR 214-454 --Compensate ........................................732, 834, 1075, 1212, 2264
RICEBORO, CITY OP
HB 711
--Municipal elections; change date _____________________________..........1347, 1524, 1533, 1700, 2085
RICHARDS, C. P. HR 390 --Express sympathy for passing of ........................................2580
RICHMOND COUNTY
HB 501 HB 754
--Board of Education, Members' salary _.___________......_...._..........._..__..._826, 935, 941, 1157, 1676
--Board of Commissioners; Pension Fund, optional benefits ......................._.._......1352, 1529, 1865, 1875
HB 745 HB 740 HB 744 HB 743 HB 742 HB 741 HB 541 HB 494 HB 552 HB 739
INDEX
3123
--Building Inspector, establish office ................_.________________1352, 1529, 1687, 1706, 2094, 2106
--Certain employees' maximum salary _______..________..._____...._.___.___.__.1351, 1528, 1686, 1704, 2085
--City Court; Assistant Solicitor's salary _____.__....----______.___.._-_......1352, 1529, 1687, 1705, 2086
--City Court; Clerk's salary.......... 1352, 1529, 1687, 1705, 2086 --City Court; Judge's secretary,
salary _____.____._________._.. ____..__1352, 1528, 1687, 1705, 2096, 2105 --City Court; Stenographer-clerks,
salary ._..___________.___...____.__.___.__....1351, 1528, 1686, 1704, 2086 --Law enforcement officers; fees for
court testimony ......_.._ ___..... 926, 1067, 1263, 1585, 2254 --Law Libraries; provide assistant ...824, 934, 938, 1266, 1275,
1676 --Sheriff's office; employees'
salary ________..__.__..____.______.__.__.927, 1069, 1140, 1204, 1682, 2107 --Superior Court Judge; salary of Executive Secretary
and Calendar Clerk ....................1351, 1528, 1686, 1704, 2085
RIDLEHUBER, PRESTON HR 358 --Commend ........_...._............_...._.._...._._................._._._..........1752
RIGHT-TO-WORK LAW HR 237 --Congressional Delegation urged to support ...;...._._.__...______783
RINGGOLD, CITY OF
HB 783
--Board of Utility Commissioners; create .........__..._____.._....._._._......._.1658, 1845, 1865, 2002, 2259
RIOTS HB 34
--Total number of demonstrators not to exceed number of law enforcement officers .........___.___.72, 95, 189, 220, 452
RIPPETOW, MRS. FRANK R. HR 178-385 --Compensate _._..._._._......._..........-.__...........__._..........._.________.574, 664
RIVERS AND HARBORS DEVELOPMENT COMMISSION
HR 287-650 --Create _.._______...........__.__________..1131, 1256, 1268, 1464, 2539, 2562 HR 303 --Public facilities; create committee to
study adequacy ___.._____.___.____....----_.___.________.____1278, 1688, 2607
3124 ROADS
HB 201 HB 77 HB 63 HB 109
INDEX
--Construction and repairing; barricading and marking ...._........_...._......_....__.._.._._......_..297, 322, 666
--County; grants for construction and maintenance; annual audit __........_.__..._.......113, 127, 241, 457, 2264, 2319
--Public; penalty for throwing or depositing trash, garbage, etc. -_.........,,__,,.____...____........,,_--_.._..90, 119
--Public; penalty for throwing or depositing trash, garbage, etc. ___________159, 183, 354, 517, 569, 797, 2614
ROBERTS, MRS. FLORENCE E. HR 72-122 --Compensate -.____,,______________ 162, 186, 665, 788, 1979
ROBERTSON, REV. VERNARD E. --Prayer offered by ______...... _________......_...._--.......___.._._.__.123
ROCKDALE COUNTY
HB 400 --Board of Commissioners; appointment of Executive Assistant _........_.__...__.-_657, 739, 749, 943, 1670
HB 401 --Board of Commissioners; salary _____658, 739, 749, 943, 1670 HR 241-504 --Debt limitation; amendment to the
Constitution ...._.,,_....__,,..__......827, 936, 1075, 1172, 1977 HB 402 --Sheriff's salary _____.____.___________________658, 739, 749, 944, 1670
ROCKER, BOBBY GENE HR 184-389 --Compensate __......_..._._...___.__._....656, 737, 1075, 1212, 1981
ROCKMART, TOWN OF
HB 765
--Mayor and Councilmen; election ..._.._.____._..............1521, 1665, 1865, 1872, 2257
RODRICK, REV. BRUCE --Prayer offered by _.__.........__.-_.-.-._-__-....-....-._-...-.-....._1513
ROGERS, COACH HR 236 --Crisp County Basketball Team; congratulate _.________.__..__782
ROGERS, ED HR 377
--Commend and congratulate.--.--...._,,___._._..._...,,..._.._...._...___.2596
INDEX
3125
ROME, CITY OF
HB 545 HB 546 HB 547 HB 550 HB 698 HB 549 HB 548
--Board of Education; election of members _______...._______.._.926, 1068, 1140, 1202, 1678
--City Commissioners; qualifications..____.._...___-926, 1068, 1140, 1202, 1678
--Divide into Wards for election purposes _______.___.____..._.__.___.__......926, 1068, 1140, 1202, 1678
--Elections, primary or nomination petitions _..__._..________________-..927, 1068, 1140, 1203, 1678
--Floyd School District; create _.._.1244, 1359, 1367, 1594, 1862 --Relating to indebtedness due
City .........___....__.......__-927, 1068, 1140, 1203, 1678 --Relating to number of Wards ........927, 1068, 1140, 1203, 1678
ROME JUDICIAL CIRCUIT
HB 645 --Assistant Solicitor and Clerk-Typist; salary _____.......____._.._____1130, 1255, 1264, 1387, 1860
HR 120-236 --State Library to furnish certain law books ........_____.,,_.____________345, 428, 483, 684, 1679
ROOSEVELT, FRANKLIN D.
HB 357
--Warm Springs Memorial Commission; Governor shall appoint all successors to members ___..........________________.._.540, 577, 1142, 1798
ROYSTON, CITY OF
HB 23
--Council members; election by city at large ___......_____._.._....._.70, 93, 189, 191, 1071
RUSSELL, SENATOR RICHARD B. HR 16 --Invite to address Joint Session ________________________ ..... 83, 122, 137
s
SAFETY HB 701
HB 398
--Building construction; safeguards for workmen; change coverage to apply to all counties ................._._._._._----.._._._1345, 1522
--Employer must maintain safe employment facilities _._.------.._._--.._.,,_____.____657, 738
3126
INDEX
SAFETY BELTS
HB 74 SB 121 SB 120 HB 75
--Inspection of Motor Vehicles Act; required on all 1967 and later models .................................92, 121, 484, 682, 695
--Required on all motor vehicles in order to pass inspection ....................1682, 1692, 1847, 1992
--Unlawful to sell any motor vehicle after January 1, 1967 unless equipped with safety belts.....____1683, 1692, 1847, 1992
--Unlawful to sell any motor vehicle without safety belts after January 1, 1967 --------------------93, 121, 484, 893, 1041
SAILORS, DANIEL L. HR 252-534 --Compensate.--.-.--..----........ 924, 1066, 1261, 1459, 1982
SALES CONTRACTS HB 353 --Personal property; provide for confirmation--.----539, 576
SALES TAX (See Taxation, named subject)
HB 418 --Artificial arms and legs when prescribed by physician; exempt ------..------------661, 742
HR 38-51 --Certain tangible personal property purchased outside State; suspend ------------78, 100, 241, 278, 2624
HB 72 --Compensation to dealer for collection and remittance --...._--__._..._.--__......_.--._.._...--.92, 121
HB 92 --Compensation to dealer for collection and remittance -----------..------....----116, 129, 177, 236, 1073
HR 344 --Create study committee .......____--------__......_.._._..--........1551 HB 298 --Drugs, medicines, burial caskets, coffins
and vaults; exempt -.----.--._....__------------.--424, 479 HR 270-571 --Educational purposes; amendment to the
Constitution ------------------------------.--------1058, 1136 HB 389 --Eleemosynary and charitable organizations;
exempt certain property --........._.__ _........----..--655, 737 HB 295 --Exclude personal property used for reducing
air or water pollution .....-- .._----...----------..-423, 478 HB 205 --Exempt certain machinery ----......._____--------__------298, 323 HB 303 --Exempt certain machinery if installation would
increase plant employment ------...425, 480, 942, 1329, 2262 HB 314 --Exempt certain personal property furnished
by government units for utility systems ______________----------------467, 549, 942, 1496, 2616 HB 481 --Exempt certain private schools ----822, 932, 942, 1105, 2261
INDEX
3127
HR 36-48 --Federal Manufacturer's Excise Tax;
suspend _._________,____.____________-____77, 99, 242, 273, 2624 HB 374 --Fuel for motor vehicles and kerosene;
exempt ____.____--_________________________-544, 580, 1867 HR 37-48 --Holy Bible; suspend _______________________78, 99, 241, 276, 2624 HB 567 --Increase from 3 to 4% _.__________________________________1056, 1134 HB 714 --Kerosene; exempt __-____----_________--________-___1348, 1524 HB 55 --Motor fuel for watercraft; certain
exemptions ,,_._._.____..--_---- __..____79, 101, 177, 223, 2612 HB 221 --Prescription drugs and medicines; exclude .,----342, 425, 942 HB 715 --Sale or transfer of property between subsidiary
and parent corporation ____________________________1348, 1525
SANDERS, GOVERNOR CARL
--Address by ______________________________________________55, 2390 --Communication from ____________________________________.16, 68, 69 --Veto message ____________-_----___-_--_,,--_____-__--__--105, 109
SANDERSVILLE, CITY OF
HB 403 HB 236
--Water and Light Commission, abolish _______________________.__658, 739, 749, 944, 1671
--Zoning ordinance changes __._________346, 428, 667, 697, 1668
SANITARIUMS HB 557 --Inspection by Grand Juries __._____928, 1070, 1139, 1761, 2618
SAPP, T. H. HR 151-313 --Compensate __..___________.______.__-_.___.___-___________.--_____466, 548
SAVANNAH, CITY OF
SB 211 SB 94 HB 521
--Mayor and Aldermen; establish pension system for employees _______________.----.1680, 1695, 1849
--Municipal Court; Chief Judge, Associate Judge; compensation _______________1144, 1207, 1259, 1367, 1388
--Savannah District Authority; terms of members ___.__.______-__921, 1063, 1140, 1195, 2087
SAVANNAH DISTRICT AUTHORITY HB 521 --Terms of members ._-____________921, 1063, 1140, 1195, 2087
3128
INDEX
SAVANNAH STEAMSHIP HR 370 --Relative to building of a replica _----------____----------1892
SAVINGS AND LOAN ASSOCIATIONS
HB 131 HB 157
--Money orders; may issue and sell in the same manner as a bank _______.__--------__--________179, 261, 839
--Taxed in the same manner as National Banks ____255, 302, 747
SCHAEFER, MRS. BRUCE --Addressed House ______----____--_------____,,----__.--__----...--105
SCHOLARSHIP STUDY COMMITTEE --Interim Report _________-__._____.___-________,,_________----_----_2867
SCHOLARSHIPS
SB 144 --Georgia State Scholarship Commission; agency within Executive Branch and budget unit of State Government ___________ 1537, 1693, 1848, 1994, 1998, 2200
HR 325-754 --Nurses; under-graduate training in mental health field; amendment to the Constitution ____--------_ 1352, 1529, 1996
HB 699 --State Board of Education authorized to grant _____1344, 1522 SR 74 --State Scholarship Commission; appropriation of
funds from Federal Government; amendment to the Constitution ._----_------____1971, 1988, 2073, 2076, 2375 HR 300-699 --Teachers; State Board of Education authorized to grant; amendment to the Constitution ..._.________1345, 1522
SCHOOLS (See Education, Taxation)
HR 33-48 --Additional debts and temporary loans incurred; amendment to the Constitution ___________77, 99, 242, 272
HR 34-48 --Area school districts; establish; amendment to the Constitution ____________77, 99, 242, 273, 1142, 1615, 1972
SR 38 --Area school systems and area schools; establish; amendment to the Constitution --------1863, 1987, 1995, 2072, 2424, 2472, 2538
HR 350 --Bible reading and prayer; encourage -_____~-_______._----1746 HR 308 --Care and Training of Pre-School Children
Study Committee; create _____--------_--._________--_--1283 SB 45 --County Boards of Education; member's
compensation _.____------1365, 1537, 1666, 1685, 2193, 2269
INDEX
3129
HR 341 --Create committee to study problems and facilities _--... 1547
HB 125 --Driver Education Course included as part of
curriculum of all public high schools _._._______.____163, 187, 557
HR 35-48 --Education Tax; increase or remove under certain
conditions; amendment to the Constitution ________________77, 99
SB 11 --Georgia Educational Improvement Council; provide
for additional members ._.._.____________555, 567, 583, 1366, 2136
SB 145 --Georgia Higher Education Assistance
Corporation; budget unit within State
Government _________-___________.________.1683, 1693, 1848, 1998, 2202
HB 292 --Local units of administration; funds for maintenance
and sick leave expenses _____423, 478, 666, 1335, 2272, 2338
HB 297 --Lunch program personnel;
minimum wage _____.____.__._______._________424, 479, 666, 797, 1262
HR 306 --Lunch room personnel; create committee
to study salaries ______________________________________________1281, 1689
HR 269-571 --Maximum tax millage levied by counties;
amendment to the Constitution ______________________1058, 1136
SB 221 --Minimum Foundation Program of Education
Act; funds to modernize school capital
facilities _____________________________________1986, 1994, 2075, 2076
SB 109 --Minimum Foundation Program of Education
Act; sick leave expenses by local units of
administration ______________________ ._.___._____1270, 1314, 1362
HB 310 --Minimum Foundation Program of Education Act;
State and local government participation _______466, 548
HR 343 --Public School Personnel Retirement Study
Committee; create -______________________________1550, 1688, 2610
HB 481 --Sales tax; exempt certain private
schools
_ _.822, 932, 942, 1105, 2261
HR 270-571 --Sales tax for educational purposes;
amendment to the Constitution ________._________________1058, 1136
SB 173 --School property tax; use of
appraisals ___._____.__.._.._____..1851, 1897, 1969, 2078, 2421, 2517
HR 351 --Special Milk Program for Children; federal
appropriations ___________________________________________________________ ..._____1746
HR 122-236 --State Board of Education; add five members; amendment to the Constitution _______.___.____________345, 428, 666
SR 29
--State Board of Education, election of members; appointment of State Superintendent of Schools; amendment to the Constitution _..____.1684, 1695, 1850, 2076
HR 393
--State Board of Education; local units of administration; minimum standards for personnel __________________________________ 2583
HB 699
--State Board of Education authorized to grant grants-in-aid and scholarships ____________________________1344, 1522
HR 146
--State Board of Education to establish experimental 12-month school programs ,,_._______412, 1689
HB 46
--State Board of Education to provide education for persons under control of other departments and agencies __________________.__________________.76, 98, 557, 1109, 2613
3130
INDEX
SB 56 --State Superintendent of Schools; compensation .------------1271, 1311, 1360, 1863, 2410, 2625
HB 539 ---State Superintendent of Schools; qualifications _------------.---- --_------.--.925, 1067, 1366
HB 538 --Superintendent's office; minimum salaries for clerical personnel ----------------------------925, 1066
HR 346-770 --Taxation for school lunch purposes; amendment to the Constitution ------------...1656, 1843, 1864, 2038, 2061
HB 659 --Teachers; declared legally recognized profession ----------------------------1237, 1353, 1365, 1796
HR 300-699 --Teachers; grants-in-aid and scholarships; amendment to the Constitution --------------------1345, 1522
HR 307 --Teachers Merit Pay Scale Study Committee ____.-1282, 1689 HB 169 --Teachers' Retirement System; additional member,
Board of Trustees ----_----.-------..----258, 305, 666, 1227 SB 98 --Teachers' Retirement System; annuity and annual
pension allowance ----------------1074, 1207, 1259, 1864, 2415 HB 343 --Teachers' Retirement System; Board of Trustees;
members' terms and appointment __--------473, 554, 557 SB 62 --Teachers' Retirement System; credit for armed
forces service for future members --------1308, 1312, 1361 HB 379 --Teachers' Retirement System; credit for
military service _.____..-....._.._.__......545, 581, 1262, 1770 SB 66 --Teachers' Retirement System; credit for out-of-State
service for future members --1308, 1313, 1361, 1685, 2357 HB 176 --Teachers' Retirement System; include Director,
Associate Directors, Georgia Council on Education _________...___. 259, 306, 354, 789, 2095, 2295 HB 724 --Teachers' Retirement System; method of computing member's service retirement allowance ._--_.___._ .1515, 1660 SB 135 --Teachers' Retirement System; payment of certain contributions ...._._________________ 1536, 1693, 1848, 1864, 2163 SB 174 --Teachers' Retirement System; voluntary contributions _______________----------.1537, 1538, 1667, 1864 SB 85 --Teachers Statewide Tenure Law; create ....--.1074, 1206, 1259 HR 105 --Teacher Tenure Law Study Committee; create ----.248, 1688 HR 374 --Teachers tenure; create committee to study________...........1895 HR 238 --Uniform transcripts for high school student records; create committee to study----------___.__-784, 1688, 2597 SB 123 --Wildlife and forests; required curriculum in all public schools ........--------1535, 1538, 1666, 1864, 2199
SCHOOL BUILDING AUTHORITY ACT, STATE HB 246 --Provide compensation for certain members _._----___._348, 430
SCHOOL BUS DRIVERS HB 209 --Establish minimum salaries ----------299, 324, 354, 525, 1536
INDEX
3131
SCHOOL DISTRICTS AND ORGANIZATION --Interim Committee Report ----------------------__...----2899
SCHOOLS, COSTS INCURRED --State and Local Governments-- Interim Committee Report --------------------2880, 2897
SCHOOLS; TWELVE MONTH YEAR Interim Committee Report --------------------------------..2902
SCOTT, ELDER T. ROE --Prayer offered by ----------------------------------------__.342
SEARCHES AND SEIZURES
SB 38
--Suppression of evidence illegally seized.----..------.-- ..1682, 1691, 1846, 1991, 2353, 2388
SECOND MORTGAGES HB 85 --Certain residential property --114, 128, 839, 1098, 2096, 2122
SECRETARY OP STATE
SB 199 HR 99
--Branch depositories; establish _. 1364, 1539, 1667, 1686, 1954 --Communication from --...--... -- ...----_...----------.---- 6, 9, 10 --Relative to repairing and refurbishing of Room
341, State Capitol ------..--------.._.._.......-- --------..-_ 242
SELMAN, REV. WILLIAM L. --Prayer offered by ..__-- ___..----.........----.....--. -- ....-- ....--. 1653
SENATE
HR 318-719 --Apportionment; amendment to the constitution ..1349, 1526 SB 183 --Fiscal Affairs Sub-Committee create ------1209, 1315, 1363,
1688, 2196, 2388f SB 86 --Senators elected by districts .. 828, 838, 937, 2077, 2399, 2401 SR 1 --Notify House that Senate has organized ------.----------. 32
3132
INDEX
SENIOR, EARL 0. HR 25-44 --Compensate ___----___----_._.__ _----__.------ __,----------75, 97
SENIOR SUPERIOR COURT REPORTER HB 242 --Create and establish office ______________ 347, 429, 438, 668, 1229
SEX CRIMES HB 82 --Investigation of convicted persons __________--.,--114, 127, 436
SEMINOLE COUNTY HB 476 --Sheriff's salary ______________________...___. 821, 931, 941, 1152, 1673
SHERIFFS' RETIREMENT FUND OF GEORGIA
SB 61
--Credit for service in the armed forces for future members ______________----------------1307,1312, 1361
SHIPS SB 55
--Registry identification for public protection __._.___ _._._..___----.555, 567, 583, 842, 1950
SINE DIE
Adjourn House ____________________--_________--_.___--'_.__.___--.-2626
SLUM CLEARANCE
HR 69-113 --Allow in counties and municipalities under certain conditions; establish expenditures as liens; amendment to the Constitution ..._,,.______..160, 184
HB 568 --Atlanta, City of; powers _.___-- 1056, 1134, 1996, 2008, 2254 HB 112 --Municipalities; grant certain basic powers ________--160, 184 HB 50 --Municipalities; grant certain
powers __..___.--_____.._1684, 1691, 1846, 1984, 1987, 1994, 2075
SMITH, DR. AND MRS. JOHN R. HR 338 --Congratulate _________------____.__.----__------__.________._..----.1544
INDEX
3133
SMITH, ED LONZO HR 10-13 --Compensate --_._____........... 51, 82, 1075, 1213, 2271, 2307
SMITH, HON. GEO. T. --Elected Speaker of House.__.__...__.____.._._..__..__ ________._............12
SMITH, REP.-ELECT A. B. --Oath of Office--........---.----.........................__....._.__..------136
SMITH, SAMUEL R. HR 175-385 --Compensate-__._.__......._.___..__.__._..._....___.._.574, 664, 1075, 1211, 1981
SMYRNA, CITY OF
HB 523 HB 706
--Increase corporate limits....._._.._...921, 1063, 1140, 1195, 1855 --Increase corporate limits--------1346, 1523, 1533, 1699, 2090
SNAKES SB 167
--Poisonous; mishandling; life imprisonment in lieu of death penalty___._......_._____......._.__._._.___1680, 1695, 1850
SNOW, LENNY HR 387 --Congratulate ----_.__.............___,,_ --------------------------2578
SNOW, WAYNE T. HR 8 --Congratulate ------__.---- -.--------------------43
SOLICITORS-GENERAL HR 28-44 --Election; amendment to the Constitution _...______________----75, 97, 355, 446, 2620 HR 77-124 --Election; amendment to the Constitution....163, 186, 356, 486 SB 63 --Emeritus; retirement system; credit for service in the armed forces-.--.........__......_.__..1308, 1312, 1361 HB 134 --Emeritus; time served as a judge may be counted in computing number of years of service.--.-----.180, 262, 668, 885, 2094, 2291, 2385, 2388
3134
HB 572 SB 3
INDEX
--Superior Courts; compensation ._ 1059, 1136, 1139, 1337, 2618 --Superior Court Judges and Solicitors General and Judges
and Solicitors of Inferior Courts Retirement Fund; create _..____.........417, 437, 480, 1532, 2514
SONG, STATE HR 233-497 --Adopt "Georgia-Georgia" as new official State Song 825, 935
SONOCO PRODUCTS COMPANY
HR 309-709 --Acceptance of bid to lease certain State-owned property in Fulton County._______._..__.. 1347, 1524, 1534, 1948
SOPKIN, HENRY HR 354 --Atlanta Symphony Orchestra; commend......_.__................ 1748
SOUTHREN BELL TELEPHONE CENTER HR 357 --Commend __ ._...................._.............__.-_.._...__._._______.1752
SPALDING COUNTY
HB 700
HB 690 HB 689 HB 688
--Board of Commissioners; Chairman's salary.__.___._..._. .--_.-___-.~-__-..1346, 1522, 1533, 1698, 2092
--Coroner's salary.......-..-______-_......- 1243,1358,1368,1593,2090 --Superior Court; Clerk's salary^ 1243, 1358, 1368, 1593, 2089 --Tax Commissioner's salary.__.__...... 1243, 1358, 1368, 1592, 2089
SPEED TRAPS
HB 45
--Authorize Department of Public Safety to use timing devices and radar equipment...76, 98, 307, 326, 1305
STAMPS, TRADING
HB 239
--Unlawful to distribute for the sale of merchandise _______....,,_____,,-_--..__.,,_----_,,,,...----.346, 428
ST. ANDREWS SOUND
HB 158
--Prohibit net fishing during certain periods of the year-------_____-.-.....__..._... ... 255, 302, 353, 373, 1853
INDEX
3135
STATE AGENCIES
HB 248 --Contracts for construction or repairs; minimum wages--------.----------------------------. 348, 430
HR 282-607 --Federal funds; administer pursuant to terras of grants; amendment to the Constitution.-------------1125, 1250, 1263, 1478, 2272, 2328
STATE BOARD OF CORRECTIONS
HB 566 HB 691
--Director's salary.............--------. 1056, 1134, 1262, 1810, 2261 --General Appropriations Act;
supplement ..----.-_.. 1133, 1261, 1261, 1606, 2261
STATE BOARD OF EDUCATION
HR 122-236 --Add five members; amendment to the Constitution.........-----.------_-_._-------_..345, 428, 666
HB 699 --Authorized to grant grants-in-aid and scholarships----------.------------_--------.----_-----1344, 1522
SR 29 --Election of members; appointment of State Superintendent; amendment to the Constitution------1684, 1695, 1850, 2076
HR 146 --Experimental 12-month school programs; establish --------.... ----.------._._--------------------412, 1689
HR 393 --Local units of administration; minimum standards for personnel .------------__.-------- .--_.--------_----..2583
HB 46 --Provide education for persons under control of other departments and agencies.....----.----. 76, 98, 557, 1109, 2613
HR 300-699 --Teachers; grants-in-aid and scholarships; amendment to the Constitution...---.....-------..----------...1345, 1522
STATE BOARD OF FUNERAL SERVICE HB 397 --Change composition...-- ....._._----------......----..------.__. 656, 738
STATE BOARD OF MEDICAL EXAMINERS
HB 233
--Intern requirement to obtain license to practice medicine...------------------344, 427, 435, 486, 558, 810, 2615
STATE BOARD OF REGISTRATION FOR USED CAR DEALERS HB 257 --Change membership and appointments.--..----..350, 432, 749
3136
INDEX
STATE BOARDS
HR 282-607 --Federal funds; administer pursuant to terms of grants; amendment to the Constitution.----.1125, 1250, 1263, 1478, 2272, 2328
STATE BUILDINGS
HB 391
--Certain specifications adhered to in order to make accessible to physically handicapped..... _.____._______655, 737
STATE CAPITOL HR 99 --Relative to repairing and refurbishing of Room 341----. 242
STATE CLAIMS
HR 145 SR 8
--State Claims Study Committee; create-----411, 1688, 2600 --Method of amending; amendment to the
Constitution .------.----______ ____._------------------1365,1537, 1665
STATE COUNCIL FOR THE PRESERVATION OF NATURAL AREAS HB 304 -- Create..--------------.---....... 464, 547, 1267, 1917, 2419, 2525
STATE DEPARTMENT OF EDUCATION HB 386 --General Appropriations Act; supplement--..._--575, 664, 1262
STATE DEPARTMENT OF LAW
HB 677 HB 149
--Attorney General; reimbursement for expenses--------------------------1240, 1356, 1366, 1794, 2619
--Provide for appointment, employment and removal of certain employees------.---- 253, 301, 307, 333, 2094, 2115
STATE DEPARTMENT OF MINES, MINING AND GEOLOGY HB 44 --Abolish ._..---.---._-_.------ _________.._74, 96
STATE DEPARTMENTS
HR 75 --Computer needs; create committee to study----.. -..136, 1689 HB 248 --Contracts for construction or repairs; minimum
wages..-..-.------------------------.------------......348, 430 HR 282-607 --Federal funds; administer pursuant to terms of grants;
amendment to the Constitution.------..----1125, 1250, 1263, 1478, 2272, 2328
INDEX
3137
STATE ELECTION BOARD HR 82 --Mrs. Harry B. Williams, Jr. elected as member __...___...___ 166
STATE EMPLOYEES
SB 9 HB 48
HB 396 HB 653 HB 508
--Amend Loyalty Oath form ..... ._.-._. 307, 311, 325, 1367 --Health Insurance Plan; State Personnel Board to exclude
coverage certain dental care ____76, 98, 355, 444, 2516, 2531 --Minimum hourly wage paid certain employees.________.656, 738 --Private air transportation; allowance __ 1131, 1256, 1264, 1487 --State Personnel Board to provide for Long Term
Disability Insurance Plan ______ ________________ 828, 937, 1076
STATE EMPLOYEES' RETIREMENT SYSTEM
SB 137 SB 60
HB 382 HB 716 SB 3
--Future employees' benefits under involuntary separation provisions _..__________. __________ 1535, 1538, 1666, 1991
--General Assembly; disallow credit for service as a member___. ______________._..__._..... 1307, 1312, 1360
--Reopen survivors benefits for certain persons ________________ .... _____ ______________ ______ 546, 582, 1264
--Service credits after 65.__._,,..-_ ________..___. 1348, 1525 --Superior Court Judges and Solicitors General and
Judges and Solicitors of Inferior Courts Retirement Fund; create _________________ ....... ......... 417, 437, 480
STATE GAME AND FISH COMMISSION
HB 369
HB 664 HB 3 HB 37 SR 62
HB 767 HB 530 HR 365
--Deputy Wildlife Rangers of the State-at-Large; appointment...... ______ 543, 579, 747, 865, 2420, 2488, 2538, 2546, 2564, 2625
--General Appropriations Act; supplement __________________ 1132, 1260, 1261, 1609, 2266, 2275
--Increase certain license fees ._.___--..___49, 80, 87, 174, 652, 1074 --Killing of dogs pursuing deer; freedom of liability
outside prescribed localities._..,,_..__----_________.___ 73, 95, 1530 --Lakes and ponds owned by the State and located
within a State Park; authorization to stock ______1850, 1896, 1968, 1995
--Purchase of passenger carrying vehicles; remove provisions -_______.....,--_.__-_-____._...._._--.__.______.... 1521, 1665
--Purchase of uniforms for employees__________. _.___. ___...____._____ .923, 1065, 1531, 2045, 2618
--Zoning for purpose of shooting doves; take appropriate action .______._.__._ _____..__.___......_______________._____1758, 2093
STATE HIGHWAY BOARD
HB 375
--Expenditure of certain funds ................. 544, 581, 839, 910 --Trice Reginald, elected as member ..............._. ....... 308, 310
3138
INDEX
STATE HIGHWAY DEPARTMENT
SB 57 HB 187
HB 496 SB 133 HB 105 HB 198 HB 127
--Acceptance of Federal aid............ 1682, 1692, 1847, 1996, 2360 --Certain contractors' vehicles may exceed width and
length requirements without special permit --... 294, 320, 484, 895
--Contracts; negotions with municipalities ...,,__.._.--____ 825, 934 --Extend merit system coverage to
employees.-------------....---.1271, 1314, 1362, 1531, 1956 --Federal-aid highway systems; relocation
expenses.......-...--------....126, 165, 176, 666, 887, 2271, 2454 --Laboratory Building; supplement to General
Appropriations Act..------___.------__ 297, 322, 483, 715, 2614 --Subsistence allowance, certain
employees--....----...----.....--------.. 163, 187, 354, 532, 2614
STATE HOSPITAL AUTHORITY ACT HB 251 --Bond issuance; increase amount....... 349, 431, 665, 1090, 2615
STATE INSTITUTIONS HB 321 --Costs of Care of Persons in.----468, 550, 942, 1293, 1296, 2260
STATE INSTITUTIONS AND PROPERTY HR 396 --Create study committee..----...... ------... -._......... ........ _ .2585
STATE LIAISON OFFICE
SR 65
--Establishment of office in Washington, D. C.; create study committee.----... -1851, 1896, 1968, 1997, 2568
STATE-LOCAL GOVERNMENT REVENUE STUDY COMMITTEE
HR 330-767 --Create ..----------..--------....._.------------1521, 1665, 1688, 2217 HR 331-767 --Create............--------. ...----....._--..__.. 1521, 1665, 1688, 2218
STATE MERIT SYSTEM
SB 133
--Extend merit system coverage to employees of Highway Department--.- -....1271, 1314, 1362, 1531, 1956
STATE OFFICIALS
HR 54 --Compensation Study Committee; create--........_._________,,_ ..-103 HR 310-709 --Excutive Branch; create committee to study
compensation------.-----_.---_..._...1347, 1524, 1688, 2219 HB 653 --Private air transportation; allowance 1131, 1256, 1264, 1487
INDEX
3139
STATE OFFICE BUILDING AUTHORITY ACT HB 199 --Define "project"-------------------297, 322, 356, 714, 2614
STATE PARKS
SB 87 HR 312 SR 62
--Black Rock State Park; execution of license agreements conveying water rights....... ...._.__..... 1986, 1994, 2075, 2078
--Indian Springs State Park; provide appropriate convention facilities -- .----.__--._--.--._--..--,,..._._-- 1309
--State Game and Fish Commission; authorization to stock lakes and ponds...--.-..----.--1850, 1896, 1968, 1995
STATE PERSONNEL BOARD
HB 48 HB 203 HB 508
--Health Insurance Plan; exclude coverage of
certain dental care ----...__._...--76, 98, 355, 444, 2516, 2531
--Health Insurance Plan; provide for employees of City
Boards of Health--.
_------
298, 323, 435
--State employees; Long Term Disability
Insurance Plan---------- ------ --------.----__-828, 937, 1076
STATE PROPERTIES CONTROL COMMISSION
HR 244-517 --Declare certain State property surplus.-- -.----.-------------- -- 920, 1062, 1268, 1472, 2624
STATE REAL PROPERTIES CONTROL COMMISSION HR 81 --Thomas B. Murphy elected as member.--.----_... .__........... 166
STATE REVENUE DEPARTMENT
SB 179 HR 211
HB 468
SB 130
--Commissioner's duties .........._._. .--......_._._..._... 1680, 1695, 1850 --Commissioner requested to obtain delay in
Tax equalization decision.--....._---___..----------._.----___694 --Tax Digest; county property valuation by
Commissioner------736, 838, 1142, 1325, 1852, 2119, 2208 --Tax digests; delete requirement that colored taxpayers
be compiled separately 1364, 1456, 1527, 1685, 2191, 2270
STATE SCHOLARSHIP COMMISSION
SR 74
--Appropriation of funds from Federal Government; amendment to the Constitution.. ... - ....- 1971, 1988, 2073, 2076, 2375
3140
INDEX
STATE SCHOOL BUILDING AUTHORITY ACT HB 246 --Provide compensation for certain members.-----..... 348, 430
STATE SENATORIAL DISTRICTS SB 86 --Senators elected by districts ._ 828, 838, 937, 2077, 2399, 2401
STATE SONG HR 233-497 --Adopt "Georgia-Georgia" as new official State song..825, 935
STATE SUPERINTENDENT OF SCHOOLS
SB 56 HB 539
--Compensation.----...--..-.--1271, 1311, 1360, 1863, 2410, 2625 --Qualifications-------.-._-----------.------925, 1067, 1366
STATE TOLL BRIDGE AUTHORITY ACT HB 730 --Amend------_---------------------1516, 1661, 1991
STATESBORO, CITY OP
HB 675 --Mayor and Council; terms....---1240, 1355, 1368, 1589, 1866 HR 273-596 --Statesboro and Bulloch County Development Authority;
create; amendment to the Constitution.--------1123, 1247, 1264, 1413, 2103
STATEWIDE BUSINESS DEVELOPMENT CORPORATION HB 237 --Create-------- ----.--------------...---..--------------.346, 428
STATEWIDE PROBATION ACT
HB 564 HB 204 SB 201
--Adult probation systems; grants to counties----.--1056, 1134 --Court procedure.--------.------._.----..---------.298, 323 --Criminal sentences; revocation of probationary
feature-----.------ ------------.1684, 1695, 1849, 1991, 2351
STATEWIDE PROBATION SYSTEM
HR 401 HB 252
--Commend officers--.....--------_....----..--------.....--.....--2589 --State Board of Probation; members'
salary- -- - ------- ------.---.. - 349, 431, 748, 873, 1309
INDEX
3141
STEAMSHIP SAVANNAH HR 370 --Building of a replica--------.--------__._.--_----._--__----1892
STEPHENS COUNTY
HB 309
HB 117 HB 311 HB 119 HB 308 HB 118
--Board of Commissioners; terms of office.....---_---__----..----.466, 548, 557, 589, 1148
--Commissioner's term of office--------.--------------161, 185 --Ordinary's salary....------------.___......466, 548, 557, 589, 1148 --Ordinary, salary of personnel------._----------------161, 185 --Superior Court Clerk's salary----......465, 548, 557, 588, 1147 --Superior Court, salary of personnel------_--------.161, 185
STERILIZATION
HB 60
--Authorize for certain individuals by doctors of medicine...-.-------- .----------------89, 119, 435, 507, 2612
STEWART, CHARLES E. G., SR. HR 110 --Express sympathy for passing of.......----------..----. 271, 357
STEWART, HON, CHARLES --Portrait of; presented ------------------____......__----2097
STEWART, PAUL HR 135 --Commend ..----_------------_..._.----.----...340
STIVARIUS, HARRY HR 382 --Commend ----.-..----_.-----.------------------------2574
ST. MARYS, CITY OF HB 159 --Execute deeds to secure debts------255; 302, 353, 374, 1853
STOCKS SB 102
--Amount of paid-in capital stock required, incorporation of trust companies------..-- .1308, 1314, 1362, 1864, 2508
3142 HB 101 HB 103 HB 102 HB 104 HB 354
INDEX
--Corporations; relating to classes of stock and
stockholders.-.-------._..._.__.--______...-.125, 164, 841
--Corporations; rights or options of purchase,
stock shares .--__------------.,,.,,.__--___----126, 164, 841
--Corporations; shares not convertible to superior
class preference __________________ --__--------_------125, 164, 841
--Corporations; stock not convertible to another class;
option purchases _____._._____._.__...__ 126, 165, 177, 360, 438
--Transfers; provide tax and additional emergency
tax ........__
___.-_
539, 576, 1867
STORY, HONORABLE EARL --Prayer offered by ... _.___....._.____.._,,,,.. ......_.,,,,. .....__...__._.____..316
STOREY, REV. W. E. --Prayer offered by --------__---- ---- .._..------------___.__.1118
STONE MOUNTAIN JUDICIAL CIRCUIT
HB 603 HB 617
--Assistants to Solicitor; appointment __.__,,_. 1124, 1249, 1264, 1485, 2266, 2301
--Official Court Reporter; salary........... 1126, 1251, 1266, 1380, 2265, 2304
STREAMS HB 524
--Navigable; redefine to determine fishing rights ---------------.-.----- 921, 1063, 1531, 1765
STREETS (See Counties, Municipalities, Highways)
HB 76 HB 201 HB 63 HB 109
--Construction and maintenance; municipalities provide annual audit._____...____._____._..112, 126, 242, 371, 454, 2612
--Construction and repairing; barricading and marking ---__.-------.__-----_...----,,--- 297, 322, 666
--Public; penalty for throwing or depositing trash, garbage, etc. --_--.___.--. _.______....____ .__._._------90, 119
--Public; penalty for throwing or depositing trash, garbage, etc.---- --_---- 159, 183, 354, 517, 569, 797, 2614
STEWART COUNTY HB 238 --Sheriff's salary------.-------------- 346,428,435,490,2083
INDEX
3143
STRIP MINING HR 207-437 --Operation; create committee to study.---------728, 831, 1689
STRUCTURAL PEST CONTROL ACT
HB 324
--Election of Vice-Chairman from the membership__----.__------.--469, 550, 665, 1340, 1483, 2616
SUBPOENAS HB 243
--Revise laws.----------347, 429, 1685, 1944, 2272, 2333, 2433, 2449, 2489, 2625
SUMTER COUNTY HB 663 --Ordinary's salary... ---- .---------1238, 1354, 1368, 1587, 1863
SUPERINTENDENT OF SCHOOLS, STATE HB 539 --Qualifications------------..-----._.--....--------.925, 1067, 1366
SUPERIOR COURT
HR 315-719 --Create committee to study matters relative to.----1349, 1525 SB 65 --Judges, Emeritus; retirement benefits; disallow credit
for service as member of the General Assembly ....--------..........----------.._----..1308, 1313, 1361 HB 167 --Jurors may also serve in other courts----------.----------..----...--.258, 305, 485, 1284
SUPERIOR COURT CLERKS
HB 97
HB 368 HB 128 SB 64
HB 519
--Capital felony cases; fee for furnishing exact copies of record or appeal.-_----------_. 117, 130, 177, 228, 2613
--Facilities to file wills of persons still living...----...... 543, 579 --Place upon an annual salary..--.......__........_--_... 164, 177, 187 --Retirement Benefits; credit for service in the
armed forces for future members.....-----.1308, 1312, 1361 --Retirement benefits; delinquent payments shall
bear interest----------........ .... 920, 1063, 1139, 1624, 2617
SUPERIOR COURT JUDGES
HR 29-44 --Election; amendment to the Constitution------_._----.----.- ..-_.--75, 98, 355, 449, 2620
3144
INDEX
HR 77-124 --Election; amendment to the Constitutionals, 186, 356, 486 HB 123 --Emeritus; limitation of funds received-.162, 186, 356, 2041 HB 290 --May request any judge emeritus to serve in judicial
circuit of judge making request------422, 477, 748, 1286, 2264, 2287
SB 3 --Superior Court Judges and Solicitors General and Judges and Solicitors of Inferior Courts Retirement Fund; create ------------------417, 437, 480, 1532, 2514
SUPERIOR COURTS
HB 431 SB 157 HB 242 HB 572
--Judges, Emeritus; Governor may call to serve in any Superior Court----------------------_____...---- -726, 830
--Jury clerk; Judge has power to appoint----------------------1683, 1694, 1848, 1991, 2082, 2388
--Senior Superior Court Reporter; create and establish office--------..--.----- 347, 429, 438, 668, 1229
--Solicitors-General; compensation_.1059, 1136, 1139, 1337, 2618
SUPERVISOR OF PURCHASES
HB 727
--Contracts for supplies or construction; must be typewritten with no erasures.------ ----._..--. -.-1516, 1661
SUPREME COURT
HB 68 --Judges; change salaries--.---91, 120, 177, 281, 1851, 1936, 2156, 2268, 2341
HR 141-291 --Justices; qualifications; amendment to the Constitution._----__.-------- - ...----------_...........423, 478, 840
SB 136 --Pleadings; remove certain provisions found unconstitutional----------.---1683, 1693, 1848, 1991, 2355
SURVEYORS, COUNTY HB 110 --Qualifications----------. 159, 183, 356, 530, 570, 584, 1319, 2614
SWAINSBORO, CITY OF
HB 504
--Voters qualifications and registration----------------.-- 827, 936, 941, 1158, 1676
SYCAMORE, CITY OF HB 781 --Extend corporate limits-----..... 1658, 1845, 1865, 2002, 2258
SYPHILLIS HB 232
--Premarital examination .....,..____.--.--..._-------------- 344. 427
INDEX
3145
T
TAFT-HARTLEY ACT
HR 237
--Congressional Delegation urged to oppose all efforts to repeal----------------------------_--__--__--___783
TAGS HB 5 HB 222
HB 111 SB 141
SB 119
HB 192
--Ad valorem tax, proof of payment------ 50, 80, 177, 234, 2091 --Exclude tax on trucks designed for
transporting passengers._----._--_...._--_343, 426, 667, 1501 --Faces treated with reflective material---160, 177, 184, 288 --Four-wheel trailers with no
springs ---------------------1536, 1693, 1848, 1992, 2370, 2390 --Issuance to certain disabled
veterans------.----------------------------1143, 1208, 1260, 1262 --Trucks transporting forest products;
new classification----__.------295, 320, 436, 505, 1271
TALBOT COUNTY
HB 576 HB 577 HB 575
--Board of Commissioners; salary----.------------ ---------1059, 1137, 1140, 1274, 1679
--Sheriff's salary and expense allowance--------__------------1059, 1137, 1140, 1274, 1679
--Tax Commissioner's salary---- 1059, 1136, 1140, 1273, 1679
TALIAFERRO COUNTY HB 629 --Sheriff's salary------------ ------ 1128, 1253, 1266, 1383, 1859
TALMADGE, SENATOR HERMAN E. HR 16 --Invite to address Joint Session ...___. ---------------- 83, 122, 137
TANNER, BENJAMIN CLINTON HR 86-128 --Compensate...._..---_----..-.-.-181, 263, 1075, 1213, 1980
TATTNALL COUNTY
HR 43-71 --Board of Education; election of members; amendment to the Constitution------------.-------- 91, 120, 189, 206, 1972
HB 69 --Commissioner's salary.--------------------91, 120, 189, 193, 1145
3146
HB 71 HB 670 HB 70
INDEX
--Sheriff's salary--------------------- 91, 120, 189, 195, 556, 1044 --Superior Court; Clerk's salary_--------1239, 1355, 1368, 1589 --Superior Court Clerk's Salary_._.91, 120, 189, 195, 1681, 2038
TAXATION
HR 138-291 --Ad valorem tax; exempt certain farming and agricultural implements; amendment to the Constitution _----------_.__._--------.--------------422, 477
SR 9 --Ad valorem tax; exemptions; amendment to the Constitution..-.-----..---..---._--------.--482, 492, 555
HB 4 --Ad valorem tax; motor vehicles classification for assessment purposes ------.------.49, 80, 177, 230, 2093, 2113
HB 5 --Ad valorem tax; motor vehicle license plates, proof of payment..----------..------50, 80, 177, 234, 2091
HR 39-55 --Air and Water Pollution; exempt on all facilities to reduce; amendment to the Constitution --------...-- 79, 101, 486, 677, 695, 2624
HB 7 --Alcoholic beverages, municipalities; prohibit transporting unless certain tax paid.----------------_----50, 81, 1268
HB 439 --Application for years' supprot; filing given to county Tax Commissioner or Collector-------729, 832, 1139, 1290
HB 231 --Businesses in unincorporated areas; counties to assess and collect------------------ 344, 427, 584, 1599, 1696
HR 35-48 --Education; increase or remove under certain conditions; amendment to the Constitution----------77, 99
HR 269-571 --Education tax; maximum millage levied by counties; amendment to the Constitution.-------------------1058, 1136
HB 373 --Excise tax upon all distributors; Motor Fuel Tax Law -------- ------.. ----..----------.__------.544, 580, 1867
SR 15 --Farm and forest lands; uniform assessment; amendment to the Constitution-------- 417, 437, 480, 486, 914, 1269, 2027
HR 61-110 --Federal Income Tax; Congress urged to call Constitutional Convention to propose amendment to United States Constitution --------------------.159, 183
SR 13 --Federal income tax; request authorization from United States Congress for State to retain 10%--..---- 101, 104
HR 280-602 --General Tax Study Commission; create ....__.1124, 1149, 1269 HR 268-571 --Homestead exemption; change amount; amendment
to the Constitution--------..------..------..-.. 1058, 1136 HB 438 --Homestead exemption; deduction from fair
market value ..,,----------.------------.------728, 831, 1867 HB 135 --Homestead Exemption; redefine
"homestead" --------------------------.. 180, 262, 262, 1139 HB 579 --Hospital Authorities; county tax levy, retiring
financial debts --------------------1060, 1137, 1263, 1500 HB 208 --Income from estates or trusts; when taxable and
when relieved----.----.---------- ----. 299, 324, 584, 869, 2615 HB 299 --Income tax; allow deduction from gross income of
Federal Income Tax.--..--------------------------424, 479
INDEX
3147
HB 346 --Income tax; exempt handicapped students.________,,_-_______,, .____ 538, 575, 938, 939, 1332, 2095, 2277
HB 96 --Income tax; gambling devices shall not be computed as business deductions ,,..,,__.._._____.___ 117, 130, 241, 365, 2613
HB 469 --Income tax; gross income of certain enlisted Armed Forces personnel ..._____. ____.__._______.__..736, 838, 839, 1092, 2617
HB 47 --Income tax; personal exemption for student dependents _,,_.___________._ 76, 98, 486, 718, 2262
HB 380 --Income tax; retirement income not included in gross income --.__._.._...-.,,....._.__..__..,,...._..,,_..___ 545, 581, 1867
HR 128-247 --Income tax for persons serving in Viet Nam; suspend --_ _ _______..._.348, 430, 483, 690, 2624
HB 284 --Intangible property; tax not required if amount due is $5.00 or less _. _ _ 421, 476, 486, 867
HB 423 --Intangible Property Tax Act of 1955; long term notes; remittance by holder ._._,,.....____.._ 662, 743, 838, 1322
HB 222 --License plates for trucks; exclude if designed primarily for transporting passengers.... 343, 426, 667, 1501
HR 342 --Motor Fuel Tax Law; create committee to study -______._____-___,,_ __,,_________.____________.___,,_ 1549
HB 302 --Motor Fuel Tax Law; levy on fuels not commonly measured by the gallon _____ 425, 480, 942, 1288, 2272, 2434
HB 136 --Motor Fuel Tax Law; refund to counties and incorporated municipalities _____________ 180, 262, 355, 651, 702
SB 1 --Occupational tax stamp; prima facie evidence _.___.__- 417, 436, 480, 1532, 2140, 2155, 2268, 2359, 2389, 2392
HR 398 --Public utilities; uniform assessment; create committee to study..___________________________________________2587
HB 416 --Real estate deeds, other instruments; tax if property conveyed exceeds $100.00 _._.___.____. 661, 742
HB 712
--Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors; authorize sale, certain counties and municipalities ______________ 1347, 1524, 1533, 1701, 2265, 2290
SB 19
--Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors; municipalities lying within a county allowing sales of alcoholic beverages may make own determination if allowable _ _ 938, 1205, 1257, 1268, 2165, 2175, 2269, 2360 2485, 2517, 2542
HB 554
--Revenue Tax Act to Legalize and Control Alcoholic Veverages and Liquors; stamps and retail license may be sold to resident of municipality residing in county in which liquor may not be sold .___-_,,_.__...,,_....__. 929, 1069, 1143
HB 337
--Revenue, Taxes on Bank Shares, etc. _______ 472, 553, 838, 1507, 2091
HB 418
--Sales tax; artificial legs and arms when prescribed by physician; exempt --____.--_._._,,-----...661, 742
3148
INDEX
HR 38-51 --Sales tax; certain tangible personal property purchased outside State; suspend ___.78, 100, 241, 278, 2624
HB 72 --Sales tax; compensation to dealer for collection and remittance _..--_.--.___-.___-.._.___--____________.92, 121
HB 92 --Sales tax; compensation to dealer for collection
HR 344 HB 389
HB 298
HB 295
and remittance ~_.--_,,_----...--_.._.____ 116, 129, 177, 236, 1073 --Sales tax; create study committee - .___,,_-...--..______________ 1551 --Sales tax; eleemosynary and charitable
organizations; exempt certain property _______________655, 737 --Sales tax; exclude drugs, medicines, burial
caskets, coffins and vaults ,,________.__--____._____.424, 479 --Sales tax; exclude personal property used for reducing
air or water pollution --_______._____________________ 423, 478 HB 211 --Sales tax; exclude prescription drugs and
medicines ________________....--.______.________.___.342, 425, 942 HR 270-571 --Sales tax; educational purposes; amendment to
the Constitution _____. __,,.--..___.__--___ ._--______.1058, 1136 HB 205 --Sales tax; exempt certain machinery _.____.________,,__.298, 323 HB 303 --Sales tax; exempt certain machinery if installation
would increase plant employment --.___425, 480, 942, 1329, 2262
HB 314 --Sales tax; exempt certain personal property furnished by government units for
utility systems.--------------------467, 549, 942, 1496, 2616 HB 481 --Sales tax; exempt certain private
schools __.__------__.--------__------.822, 932, 942, 1105, 2261 HB 714 --Sales tax; exempt kerosene __-.--_____,,_______----.1348, 1524 HR 36-48 --Sales tax; Federal Manufacturer's Excise
Tax; suspend ._..________--..._.....__.____._..77, 99, 242, 273, 2624
HB 374 --Sales tax; fuel for motor vehicles and kerosene; exempt .....__ ._-________________.544, 580, 1867
HR 37-48 --Sales tax; Holy Bible; suspend .-_..__.....78, 99, 241, 276, 2624
HB 567 HB 715
HB 55
--Sales tax; increase from 3 to 4% ,, _ _,,.._..... 1056, 1134 --Sales tax; Sale or transfer of property between
subsidiary and parent corporation ----__._.___--1348, 1525 --Sales tax on motor fuel for watercraft; certain
exemptions ,,.____,,___ ,,..79, 101, 177, 223, 2612
HB 157 --Savings and Loan Associations; taxed same as
National Banks--__________--_--.----255, 302, 747
HR 346-770 --School lunch purposes; amendment to the Constitution _._._.._____----__._1656, 1843, 1864, 2038, 2061
SB 173
--School property tax; use of appraisals ___._--------__.1851, 1897, 1969, 2078, 2421, 2517
HR 292-679 --State owned island; exempt ad valorem tax; amendment to the Constitution _--__,,__..,,__-----.1241, 1356
HB 354
--Stock transfers; provide for amount and additional emergency tax _..______.__..__.... ,,.__,,__ 539, 576, 1867
HB 468
--Tax Digest; county property valuation by State Revenue Commissioner ,,--___.. 736, 838, 1142, 1325,
1852, 2119, 2208
SB 130 HR 211 HB 271
INDEX
3149
--Tax digests; delete requirement that colored taxpayers be compiled separately ... 1364, 1456, 1527, 1685,
2191, 2270 --Tax equalization decision; State Revenue
Commissioner and Attorney General requested to obtain delay _--__.--..--_----.-- --____....694 --Tax Returns; shall be used as evidence concerning property value _----------_.--------.--.419, 475, 1367, 1800
TAX DIGEST HB 468
--County property valuation by State Revenue Commissioner ___........736, 838, 1142, 1325, 1852, 2119, 2208
TAX EQUALIZATION COMMITTEE --Interim Report--------_--------------------------------.. --.--2928
TAX STRUCTURE, BUSINESS --Interim Committee Report ----_----_------------.--------.2627
TAXATION OF RURAL LANDS --Interim Committee Report ----.----__------------__________2924
TAXES
--Executive order suspending certain....--____------------68, 69
TAXICABS HB 531
--Degree of care required by operator.-------.--------923, 1065
TEACHERS
HB 659 --Declared legally recognized profession ........1237, 1353, 1365,
1796
HR 300-699 --Grants-in-aid and scholarships; amendment
to the Constitution -- .... .
. .... __._ 1345, 1522
SB 98 --Retirement System; annuity and annual pension
allowance --------.----------------.1074, 1207, 1259, 1864, 2415
HB 343 --Retirement System; Board of Trustees; members'
terms and appointment-------------------------473, 554, 557
3150 HB 379 SB 66 SB 62 HB 176
HB 724 SB 135 HB 169 SB 174 SB 85 HE 307 HR 374 HR 105
INDEX
--Retirement System; credit for military service ____.... 545, 581, 1262, 1770
--Retirement System; credit for out-of-State service for future members ... 1308, 1313, 1361, 1685, 2357
--Retirement System; credit for service in the armed forces for future members --------------1308, 1312, 1361
--Retirement System; include Director, Associate Directors, Georgia Council on Education --------------- ..259, 306, 354, 789, 2095, 2295
--Retirement System; method of computing member's service retirement allowance ------------------ 1515, 1660
--Retirement System; payment of certain contributions _._.,,.--..._------1536, 1693, 1848, 1864, 2163
--Retirement System; provide additional member, Board of Trustees _.__------._ 258, 305, 666, 1227
--Retirement System; voluntary contributions -...--1537, 1538, 1667, 1864
--Statewide Tenure Law; create ----.-----1074, 1206, 1259 --Teacher Merit Pay Scale Study Committee;
create ----......---..------------... ------------.-1282, 1689 --Tenure; create committee to study -------------------- --1895 --Teacher Tenure Law Study Committee; create .----248, 1688
TERRELL COUNTY
HB 19
--Board of Commissioners of Roads and Revenue, create .-......----..........__.___.._..69, 93, 165, 168, 1071
THOMAS COUNTY
HR 156-330 --Conveyance of certain tract of State-owned property to Wade E. Freeman ... 470, 552, 1690, 1915, 2253
HB 668 --Fire protection district Number 2; include additional land lots ._------------__.._------1238, 1355, 1533, 1588, 2089
THOMASTON, CITY OF
HB 395
--City Manager; removal by resolution .... __--------__. . ....656, 738, 749, 943, 1670
THOMPSON, MRS. CLEO HR 253-534 --Compensate --------------------------------............__.______. -924, 1066
THOMSON, CITY OF HB 88 --Sale of property, procedure -----------115, 128, 189, 196, 1145
INDEX
3151
THOMSON, TOWN OF HB 649 --Increase corporate limits ...__.._._. 1131, 1255, 1266, 1385, 1860
THRASH, HON., ELMORE --Elected Messenger of House _... ._..... ....._------..--._...___. 12
THUNDERBOLT, CITY OF HB 91 --Municipal elections and polls __.__-- 115, 129, 189, 197, 1853
TICKETS HB 498
--Admission to athletic contests, University of Georgia; where sold -.-...-__._--.----..-_.------_---.-.826, 935, 1267
TIFT COUNTY
HB 600 HB 599
--Superior Court Clerk; disposition of certain fees -.----,,-------.------1123, 1248, 1265, 1375, 1857
--Tax Commissioner; disposition of certain fees -------._...------..._....----. 1123, 1248, 1265, 1375, 1857
TIME HB 54
--Eastern Standard Time; designate time line which shall prevail -.__--__._._.._--_--_.,,------_._79, 100, 356
TIRES HB 351
--Motor vehicles; date of manufacture and serial number stamped in raised letters --_.__----.._--____ -.539, 576
TITLES SB 138
HB 122
--Motor Vehicle Certificate of Title Act; destruction of manufacturers' serial plates .___.. 1270, 1314, 1363, 1687, 1957
--Real estate; writs handed down pursuant to any judgment ...... ..-__...._........__.._..162, 186, 356, 498, 2265, 2292
TOBACCO STUDY COMMITTEE --Interim report -..-_...---._..-_.._.__. .,,...__........--. ....--------.2940
3152
INDEX
TOBACCO WAREHOUSE CHARGES --Interim Committee Report _________________________________ ......... 2943
TOLL BRIDGE AUTHORITY ACT, STATE HB 730 --Amend ......_...__.._..._.._._____.... _______________________________ 1516, 1661, 1991
TOOMBS COUNTY
HB 313 --Board of Commissioners; Clerk's salary ... . .___________ 466, 548, 557, 590, 1150
HB 265 --Branch banks; establish ..................._._..._.._..........418, 474, 747 HR 152-313 --Toombs County Development Authority; create;
amendment to the Constitution ________467, 548, 667, 753, 1974
TOS, S. G. HR 391
--Express sympathy for passing of __._.____--__ 2581
TOURISM SB 197 SR 27
--Atlantic Coastal Tourist Commission; create ___.__._........... _...__.___._______._....1862, 1989, 2073, 2215
--Promotion by Department of Industry and Trade; amendment to the Constitution ........1680, 1695, 1849, 1997, 2368
TOWLER, CARL HR 18 --Commend .___...._____________.__.___._______________._...,,..__..__.-_______ 102
TRADE SECRETS
HR 304 HB 344
--Invasions of privacy and industrial espionage; create committee to study___._......._.....__.....___1279, 2077, 2608
--Unlawful to steal or unlawfully obtain _____________________ _......._._.._.._____...___473, 554, 840, 1225, 2616
TRADING STAMPS
HB 239
--Unlawful to distribute for the sale of merchandise ___.__.__..______.._. ________ _..........346, 428
TRAFFIC LAWS
HB 487
--Offenders may be tried without waiver of indictment by Grand Jury ___....._....__......_.._._..823, 933, 1264
INDEX
3153
TRAFFIC SAFETY COMMITTEE
HR 301-699 --Create study committee .-
1345, 1522, 1992, 2052
Interim Report _....__.-......--..,,.__.___.-.-..-..-_____.._.________.-._....__.__ 2947
TRAFFIC VIOLATIONS BUREAU
SB 127 HB 372
--Judges may provide for establishment outside corporate limits of municipalities __--.__.. 938, 1205, 1258, 1367, 2171, 2268
--Judges may provide for establishment outside corporate limits of municipalities ..___._._.... ...--___.. 544, 580
TRAILERS SB 141
--Four-wheel trailers with no springs; licensing and registration __.....______..1536, 1693, 1848, 1992, 2370, 2390
TRANSPORTATION COMMISSION, MASS HR 248-529 --Create ..__.__..............__.-__.__......_.._...._______.._._._........_..923, 1065, 1689
TRANSPORTATION, PUBLIC
SR 11
--Taxation; amendment to the Constitution _____.__..___....__.____._. 417, 437, 480, 485, 2198, 2518
TRAVIS, REV. JAMES L. HR 171-383 --Compensate _.__.____._......._. 547, 582, 1075, 1215, 2264
TRESPASSING
HB 140
--Right of contribution where several trespassers are not jointly sued _--___..__... ___.__..181, 263, 356, 452, 2260
TREUTLEN COUNTY
HB 348 --Sheriff's salary _____..___.._______..______.______.538, 575, 667, 698, 1150 HR 206-435 --Treutlen County Development Authority; create;
amendment to the Constitution __..727, 831, 940, 1007, 1975
TRIALS HB 244
--Appellate Procedure Act of 1965; filing motions for new trial; redefine rules ..._.___.._ 347, 429, 1139, 1789, 2272, 2492, 2538
3154 SB 129 HB 30 HB 66
HB 79 HB 139 HB 463 SB 40 HB 6
HB 81 HB 82 HB 271 HB 487
INDEX
--Civil and criminal cases; truth of pauper's affidavit --_....__..___._.._.----.___,,__ 1683, 1692, 1847, 1990, 2350
--Trials cases; jury must return verdict of guilty or not guilty .__._.. 71, 94, 584, 627, 749, 1489, 1551
--Criminal cases punishable by life imprisonment or death; jury required to make certain recommendations ,,_.....--_--_..__..._.._._._...... 90, 119, 156
--Criminal sentences; jury shall determine only guilt or innocence _--_.--_..----..--_.___--___._-__.------113, 127, 156, 356
--Criminal; accused may testify in his own behalf .___._._. ....... ............. 181, 263, 1139
--Interest on unliquidated damages; procedure ....----.734, 836 --Jury shall only make a determination as to the
guilt of the defendant _-......_----... .... 1364, 1456, 1526, 1990 --Pretrial and trial procedures in civil cases;
modernize ...__......50, 81, 221, 356, 463, 501, 629, 1836, 1944, 2151, 2208
--Procedure for determining whether certain convicted persons are dangerous offenders ____.--__--.....---- 113, 127
--Sex crimes; investigation of convicted persons .--. __..----__ . ............_....-..-..----.. 114, 127, 436
--Tax Returns shall be used as evidence concerning property value ........__._. _._.__ 419, 475, 1367, 1800
--Traffic law offenders; may be tried without waiver of indictment by Grand Jury .......--823, 933, 1264
TRICE, REGINALD --Highway Board member; elected --... --..--_--.---- 308, 310
TROUP COUNTY HB 329 --Housing Authorities Law, exempt .........470, 551, 941, 949, 1669
TRUCKS HB 222 HB 90 HB 192 HB 120
--License plates; exclude tax if designed primarily for transporting passengers _----______---- 343, 426, 667, 1501
--Maximum permissible speed, certain weight and length .... ...... 115, 129, 176, 227, 2613
--Transporting forest products; new classification, license plates __,,_-_----.___._____----.-.295, 320, 436, 505, 1271
--Transportation of loose materials ._.._...----_ 161, 185, 1992
TRULOCK, DR. ALBERT --Prayer offered by ..-._...-- _..... -----..-- 571
INDEX
3155
TRUST COMPANIES
SB 102
--Incorporation and organization; amount of paid-in capital stock required ....... 1308, 1314, 1362, 1864, 2508
TRUSTEES HB 35
--Distribution of assets ............__._....._.._...-_....._...72, 95, 177, 238
TRUST FUNDS
SB 124
--Uninvested trust funds may be secured by additional obligations ~~-.....1364, 1456, 1527, 1864, 2510
TWIGGS COUNTY HB 424 --Sheriff's salary ._.._____.725, 829, 940, 950, 1672
u
UN-AMERICAN ACTIVITIES COMMITTEE HR 118-218 --Create ..__..._.._____ ...._.-._.___.-___._..318, 352
UNEMPLOYMENT COMPENSATION LAW
HB 137
--Increase weekly benefits; qualifications and eligibility ._.._______......___.____.._.___._._._____181, 262, 434, 791, 1363
UNEMPLOYMENT INSURANCE
HR 313
--Congressional Delegation urged to oppose federalization _.___.__.-_____-.-.._._____._,,_--____.________--.____--__,,_____1310
UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS (see motor vehicles)
HB 626 HB 126
--Abandoned motor vehicles; power of authorities
to remove _____....... ......._.
_ _._.......1128, 1253, 1531
--Department of Public Safety; certain vehicles
marked and equipped with uniform
fixtures ............................. .....163, 177, 187, 328, 2269, 2305
3156 HB 561 HB 350 HB 74 HB 114 HB 25 HB 24 HB 254 HB 197 SB 121 HB 342 HB 75
INDEX
--Driving under influence of alcohol or drugs; chemical analysis ------------...------1055, 1133, 1267, 1626
--Inspection of Motor Vehicles Act; must pass before being sold to public ----__--.----------_----__.._--__---- 539, 576
--Inspection of Motor Vehicles Act; safety belts, all 1967 and later models ------..___ 92, 121, 484, 682, 695
--Intoxicated drivers; change certain provisions -__.___--___------._..__.___160, 177, 184, 519, 570, 585
--Operating motor vehicle while under influence; cost of blood-alcohol test--------_.--~70, 94, 355, 438, 2260
--Operating motor vehicle under influence of intoxicating liquors or narcotic drugs; penalty _______________70, 93, 436
--Parked vehicles on highways shall display lighted lamps while raining ....... 349, 431, 436, 536, 647
--Provide for lane control signal devices _._______. 297, 322, 435, 795, 2272, 2333
--Safety belts required on all motor vehicles in order to pass inspection .---------.....1682, 1692, 1847, 1992
--Transporting of explosives; requirements --.--.473, 554, 1267, 1822
--Unlawful to sell any motor vehicle after January 1, 1967 without seat belts ------...93, 121, 484, 893, 1041
UNIFORM COMMERCIAL CODE
HB 322 HB 38 HB 729
--Central Depository System; delivery, transfer of investment securities .___.~--......__.468, 550, 839, 1024, 2616
--Negotiable instruments; repeal certain laws ....... ... ........... .73, 96, 177, 221
--Perfected security interest in collateral ._--__...._.1516, 1661
UNITED DAUGHTERS OF THE CONFEDERACY
HR 324-733 --Donation of real estate; amendment to the Constitution ..------__------_.--_..._--........--.....----_ ....1517, 1662
UNITED STATES CONSTITUTION
HR 57-97 --President and Vice-President; succession; ratify proposed amendment ----.--........_._..............117, 130, 242, 369
UNIVERSITY OF GEORGIA, GEORGIA TECH SR 20 --Football games; televising ----..-- ...-__.-- ._...--... .......188, 247
UNIVERSITY SYSTEM OF GEORGIA HR 397 --Extension Service; commend --....__._..._--..........___......_..__-.2586
HB 498 SB 97 HR 305
INDEX
3157
--Admission tickets to athletic contests;
where sold _______-------_-,,.-_. 826, 935, 1267
--Campus policemen shall have power to make
arrests .__..__..._.__..._..-_._..__.___1270, 1314, 1362, 1691, 2173
--College educational facilities; create committee
to study
__.__,,.____.-__--____ 1280, 1689
UPSON COUNTY
HB 294 HB 293
--Ordinary; Clerk's salary .............__._._.423, 478, 484, 564, 1147 --Ordinary's salary ._...__._.___... 423, 478, 484, 564, 1147
USED CAR DEALERS
HB 257
--State Board of Registration; change membership and appointments .......,,___.________.._._...,,..__..___... 350, 432, 749
UTILITIES (See Ttaxation)
HB 314
--Sales tax; exempt certain personal property furnished by government units _.__467, 549, 942, 1496, 2616
V
VALDOSTA, CITY OP
HB 789
--City Court; Solicitor's salary ,,._____._-......-..-._.-......._.,,.. 1659, 1846, 1865, 2006, 2259
VALDOSTA HIGH SCHOOL FOOTBALL TEAM HR 130 --Commend ______............-...___.____..._....__.__..___._.__.......___..___.____...____337
VAUGHTER, ALAN HR 249-529 --Compensate ......._-.__..-..__-..-......._._.-. 923, 1065, 1262, 1462, 1982
VETERANS HB 247 SB 119
--Drivers' license; honorary to certain veterans ._____........-_-.___.._-____....348, 430, 483, 688, 2272, 2437
--License plates; issuance to certain disabled veterans -_._______.__..--...__-___.-......._...__. 1143, 1208, 1260, 1262
8158
INDEX
VETERANS SERVICE
HB 651
--Department of; Board of; grants, gifts and contributions from Federal Government __________ 1131, 1138, 1256, 1802, 2619
VETO MESSAGES --Governor's ..______________...___.__.______._______--_---_--_ 105, 109
VICE-PRESIDENT
HR 57-97 --Succession; ratify proposed amendment to the United States Constitution......__._____________117, 130, 242, 369
VIDALIA, CITY OF
HB 704 --Change corporate limits ___________________ .1346, 1523, 1699, 2090 HR 281-602 --Vidalia Development Authority; extend activities
into Montgomery County; amendment to the Constitution ____._._______.,,_____. 1124, 1249, 1265, 1447, 2622
VIET NAM
HR 70-JR 1--"Affirmation: Viet Nam"; endorse ________ _.__-.-_____-____ ,_-138
HR 14 --Express support for policy of the United States
Government .-_____ ..____
_______ ______..___ 53, 101
SR 3 --Express support for United States Government
policy _-.._.._._....-...___...___..-__..-....-_..___...._...-_......_._........___.32, 85
HR 128-247 --Income tax for persons serving in;
suspend ___.._____..._._______...___._____________..___-348, 430, 483, 690, 2624
VOTING (see elections)
HB 180
HB 147 SB 178
HB 283
HB 300
HR 395 HB 58
--Ballot labels on machines; designate letter or number on reverse side ,,_______--_._.______ _______---- ______ 260, 307
--Bond issue; legal advertisement ___________ 253, 301, 311, 1267 --Candidates' qualifying time in primaries ____---_ 1364, 1457,
1527, 1685, 1929 --Candidates without opposition shall be declared
party nominee _______________.__......421, 476, 748, 1317, 2095, 2110 --Change number of electors a person shall
assist _._______._____._____.____,,__.________.__ 424, 479, 1263, 1820, 2262 --Elections Laws Study Committee; create --__ ________ 2584 --Filing of disqualification lists with Registrars
and the Attorney General ______________________ _.___89, 118, 190
INDEX
3159
HE 213-444 --Freeholders only may vote in bond elections; amendment to the Constitution --____........-_--._-____.730, 833
HB 370 --Georgia Election Code; municipal primaries and elections; regulation ________ 543, 579, 668, 1044, 1115, 1C98
HR 165-371 --Governor; election returns; amendment to the Constitution ______ _^_---_ __.____.____-543, 580
HR 32-48 --Residence requirements; amendment to the Constitution _________...___--___-______-____.__.____77, 99, 436, 530
HR 166-371 --Residence requirements; amendment to the Constitution ____._____ 544, 580, 748, 1220, 1277, 1646, 1696, 2057, 2621
w
WADLEY, CITY OF
HB 610 HB 411
--Mayor and Councilmen; election ,,_____ 1125, 1250, 1265, 1377, 1858
--Voters' Registration books ___________._660, 741, 748, 945, 1671
WAGES HR 106
--State Minimum Wage Law Study Committee;
create --_____ __________
. 249, 1689, 2602
WAINWRIGHT, ARTHUR W. HR 173-385 --Compensate ..___.-.._.____.__.._----___...____--_-.___.....-...._--573, 663
WALRAVEN, WILLIAM HR 230-494 --Compensate .................. ______ 824, 934, 1261, 1458, 1982
WALTON COUNTY
HB 775 HB 776
--Certain officials' salaries ~_--__ 1657, 1844, 1865, 2000, 2258 --Tax Commissioner's salary ______1657, 1844, 1865, 2000, 2258
WARD, CARROLL --Address House --__..___ __________ _______________,,__,,__..__.. 83
WARD, MR. AND MRS. R. E. HR 174-385 ---Compensate
_______ 573, 663, 1075, 1211, 1981
3160
INDEX
WARE COUNTY
HR 326-762 --Board of Education; appointment of School Superintendent; amendment to the Constitution .__.......__...__.....,,..... 1520, 1664, 1686, 1885, 2260
HB 761 --Publication of receipts and expenditures, procedure -._____,,___..._....._..._._...1519, 1664, 1687, 1871, 2257
HB 760 --Tax Collector, certain commissions .._..._.... 1519, 1664, 1687, 1871, 2263
WARM SPRINGS MEMORIAL COMMISSION
HB 357
--Governor shall appoint all successors to members ....-___.....__.....___...-.._,,__.__..-__.____.,,.540, 577, 1142, 1798
WARNER ROBINS, CITY OF
HB 787 HB 774
--Civil Service Board; establish-~__1659, 1846, 1865, 2003, 2259 --City Court; criminal cases;
procedure _.-.______._.___._.____._.___-~.1667, 1844, 1866, 2000, 2258
WASHINGTON COUNTY
HB 609
--City Court; Judge and Solicitor; salaries ......._-_-.__.-..-._....-..-...__-_.1125, 1250, 1265, 1377, 2088
WASHINGTON COUNTY SWEET POTATO ASSOCIATION HR 56-91 --Compensate _...........-..__..__._...___ 116, 129, 482, 642, 2271, 2309
WATERCRAFT
HB 55
--Sales tax on motor fuel; certain exemptions ....__......._..._....._._.....--....._.....79, 101, 177, 223, 2612
WATER POLLUTION
HR 297-698 --Control operations; establish Metropolitan Area Water Quality Control Commission to study ___________________._.1244, 1359, 1534, 1804, 2267, 2488, 2516
HB 52 --Control projects; grants to assist in construction -....._.__......__....-.....___..-79, 100, 435, 509, 2612
HB 295 --Sales tax; exclude on personal property ____....____.__.... 423, 478 HR 39-55 --Taxation; exempt on all facilities to reduce;
amendment to the Constitution __...... 79, 101, 486, 677, 695, 2624)
INDEX
3161
WATER QUALITY CONTROL ACT, GEORGIA
HB 335 HB 52
--Board; remove requirement of mandatory hearings---....------.-----471, 552, 558, 904, 2420, 2535
--Water pollution control projects; grants to assist in construction _______------79, 100, 435, 509, 2612
WATER RESOURCES AND PLANNING ACT HB 509 --Create _--------.--------.......----...... 828, 937, 1142, 1645, 1816
WATER RESOURCES COMMISSION, GEORGIA HB 509 --Create _-_-._.._------------------.828, 937, 1142, 1645, 1816
WAYCROSS, CITY OF
HB 654 HB 655
HB 656
--City Clerk's appointment ------.1132, 1257, 1266, 1386, 1860 --Park, Tree and Zoning Commission;
create ----.......------..--------1132, 1257, 1266, 1386, 1860 --Municipal elections; change date ....... 1132, 1257, 1266, 1386,
1860
WAYNE COUNTY
HB 736 --Ordinary's salary --------------.1351, 1528, 1686, 1703, 2091 HB 417 --Superior Court terms _------------... 661, 742, 749, 946, 1671 HB 737 --Tax Commissioner's salary .----..... 1351, 1528, 1686, 1703, 2091 HR 194-418 --Tax levy for industrial development purposes;
amendment to the Constitution --------.742, 749, 852, 1975
WAYNESBORO, CITY OF HB 778 --City Court; terms ----------------1657, 1844, 1865, 2001, 2258
WEAPONS HB 229
HB 559
--Concealed; unlawful; include razors, ice picks and similar devices having sharp points ....------------------------.--------.---- 344, 427, 584, 1039
--Crimes; carrying of _------.._-------------------- 1055, 1133 --Firearms; commission of Felony
8162
INDEX
WEBSTER COUNTY
HB 482
HB 485 HB 499 HB 667
--Board of Commissioners; Clerk's salary ___.__.__._...._._..___.____..__.____.___..822, 932, 941, 1153, 1854
--Ordinary's salary ____________.__.________.__ 823, 932, 941, 1154, 1854 --Sheriff, provide certain equipment... 826, 935, 941, 1156, 2084 --Treasurer's salary __...._____,,.__.. 1238, 1354, 1368, 1588, 1866
WEST ROME HIGH SCHOOL FOOTBALL TEAM HR 133 --Commend ...._---_.._.._.---_._-_--_,,.--_,,_......__.____.._..339
WHEELER COUNTY
HR 124-239 --Permanent easement; certain property in Little Ocmulgee State Park .,,_.__.._._ 346, 429, 485, 627, 670, 2092
HR 185-399 --Wheeler County Development Authority; create; amendment to the Constitution ........ 657, 738, 840, 992, 1974
WHITE COUNTY HB 771 --Ordinary's salary--...--------1656, 1843, 1866, 1999, 2257
WHITE, ROBERT A. --Highway Board member; elected --_._..----_---- 308, 309
WHITEAKER, DOYLE F. HR 172-385 --Compensate ----------_---- 573, 663, 1075, 1215, 1981
WHITFIELD COUNTY
HB 623 --Insurance for regular employees 1127, 1252, 1265, 1381, 2089 HR 283-624 --License and regulate hauling, dumping and
burning materials; amendment to the Constitution --.----------_--..1127, 1252, 1265, 1450, 2622
WHITTLE, W. L. HR 79-132 --Compensate ....__.--_._.__..._-.------.-._.. 179, 261, 665, 788, 1980
WIFE HR 322-725 --Property not liable for debts of husband; amendment to the Constitution ... ------ 1515, 1660, 1685
INDEX
3163
WILCOX COUNTY HB 365 --Sheriff's salary ___,,___________.______..____ ______-___542, 579, 667, 700, 1669
WILD ANIMALS HB 366 --Acts of cruelty; unlawful _______........._.__..... 542, 579, 1531
WILDLIFE SB 123
--Required curriculum of all public schools _.__,,___.__-_-_____-____ 1535, 1538, 1666, 1864, 2199
WILDLIFE RANGERS
HB 369
--Deputies; State-at-Large; appointment _______________ 543, 579, 747, 865, 2420, 2488, 2538, 2546, 2564, 2625
WILKINS, MARIE, MORGAN AND BERTHA HR 170-381 --Compensate __..___.___..___ _______________ 546, 582, 1075, 1215, 1980
WILLFORD, PERRY L. HR 193-412 --Compensate _..____....._...._..___... _____ ________________________ 660, 741
WILLIAMS, J. DEWEY HR 240-504 --Compensate ______ _______________________________________ _______ 827, 936
WILLIAMS, DR. LOREN E., SR., FAMILY
HR 234 --Commend -.-------,,_--_.____.____....._______
780
WILLIAMS, MISS PATRICIA HR 376 --Express appreciation _____________ ______.______........ _.__,,_. 2221
WILLIAMS, MRS. HARRY B., JR HR 82 --Elected as member of the State Election Board _____ 166
WILLIAMS, MR. AND MRS. S. C. HR 177-385 --Compensate _.___...___....___... ______ _. 574, 664, 1262, 1460, 1981
3164
INDEX
WILLIAMS, REV. L. E. --Prayer offered by ____.________._,,_.,,_...,,...____. 158, 178
WILLS (See Practice and Procedure)
HB 368 HB 106 HB 165 HB 35
--Facilities for Superior Court Clerks to file wills of persons still living ._.,,._..,,._.___...._____...._____.....___,,. 543, 579
--Probation in solemn form conclusive to unnotified heirs _-..____..-_-__ 126, 165, 356, 513, 2264, 2314
--Simultaneous deaths; distribution of property --.___--____--.___--___------._ 256, 303, 841, 1029, 2262
--Trustees, Executors, Administrators; distribution of assets ----__--_________--.._._.___.__._...____....72, 95, 177, 238
WILSON, CHARLES L. HR 168-381 --Compensate.----_-----__------------------546, 582, 1075, 1214, 1980
WINDER, CITY OF
HR 272-578 --Merge school system with Barrow County; amendment to the Constitution ,,___,,_. 1060, 1137, 1139, 1441, 2480
WOMEN HB 154 HB 657
--Commission on Status of Women; create ....._..__-.....___.....__._-_-___.______....,,.. 254, 302, 668, 906, 2262
--Equal pay for both male and female for comparable work --__..--_______ 1132, 1257, 1341, 1368, 1780, 2096, 2279
WOMEN'S COLLEGE OF GEORGIA HR 366 --Acapella Choir; invite --____--____--____ __ _________________________-1759
WOODBINE, CITY OF
HR 113-196 --Woodbine Development Authority; create; amendment to the Constitution ... 296, 321, 435, 603, 1973
WOODBURY, CITY OF
SB 39
--Provide for a majority vote of Mayor and Councilmen __.. ______..______....___.. 1071, 1206, 1258, 1367, 1387
INDEX
3165
WORKMEN'S COMPENSATION
HR 384 HB 245 HB 41
--House Workmen's Compensation Study Committee; create ........__--....._----_._--.._....--.--.._.----~.__-_____.2576
--Settlement of claims; rights and procedures ....._.__..._...--___.._.._._..347, 430, 1138, 1827, 1899
--State Board; compensation of Chairman and two members ._._------_.--.......----.------....73, 96, 434, 528, 1271
WORTH COUNTY
HB 181 --Sheriff's salary ----__.....__.........______.._. 293, 319, 353, 375, 1072 HR 115-201 --Worth County Development Authority; create;
amendment to the Constitution ....298, 322, 354, 399, 1973
WRIGHTSVILLE, CITY OP HB 608 --City Court; Solicitor's salary .....__.1125, 1250, 1265, 1377, 2088
WRINN, RAYMOND J. HR 176-385 --Compensate ........-.--------....-......574, 664, 1075, 1216, 1981
WYNN, JOHN L. HR 22-44 --Compensate ----------------_---------------------74, 97
Y
YORK, WILLARD HR 26-44 --Compensate..............--.----....-..-.....-.--95, 87, 482, 642, 2263
YOUNG, J. E. HR 404
--Express appreciation _------___----____.----.------_--______2591
YOUTH COUNCIL, GEORGIA HB 98 --Create _.......--------____.--..___._........,,.---- 117, 131, 668, 908, 2613
z
ZEBULON, CITY OF HB 394 --Change corporate limits ......__----656, 737, 941, 949, 1670
3166
INDEX
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 HB 26
--General Appropriations Act; supplement -----49, 80, 110, 139, 152, 156, 157, 910, 910, 912, 1045, 1046, 1047
--General Appropriations Act; supplement ______49, 80, 110, 140, 145, 152, 154, 156, 157, 910, 912, 1046, 1047, 1050
--State Game and Pish Commission; license fees .._~~49, 80, 87, 174, 1074
--Motor vehicles; ad valorem tax ----49, 80, 177, 230, 2093, 2113 --Motor vehicles; license plates; proof of
payment, ad valorem tax _----------------.,, 50, 80, 177, 234, 2091 Pretrial and trial procedures; civil cases --------50, 81, 221, 356, 463,
501, 629, 1836, 1944, 2151, 2208 --Alcoholic beverages; transporting ____.._.______._________-..-.-...60, 81, 1268 --Bail; misdemeanors; approval ___.___________.___.________________-. 50, 81, 137 --Burke County; Sheriff's salary ___.._.__.__.___..___.._...._....50, 81, 165, 167 --Early County; Sheriff's salary _._------_------ 51, 81, 165, 168, 1145 --Mineral Leasing Commission; terms ____---------------- 51, 81, 1267 --Atlanta, City of; President, Board of Aldermen;
election and duties ,,._.__..___.___.__----------------- 51, 81, 188, 190, 556 --Atlanta, City of; provide uniform cost bill ............51, 82, 188, 190,
2264, 2284 --Insurance license; examination of applicants --------52, 82, 355,
440, 2271, 2465 --Insurance license; examination of certain
applicants ------------ - _..____52, 82, 355, 442, 2612 --Real estate loans; minors ,,____,,__------__,,_--.___ 52, 83, 485 --Law Revision Commission; create .............. ._. 52, 83, 190, 330, 2612 --Peeping torn and eavesdropping; penalty .--...._........-........ ....53, 83 --Terrell County; Board of Commissioners of
Roads and Revenues; create ..._.._.___._._.__....._69, 93, 165, 168, 1071 --Lee County; Sheriff's salary ------------------.70, 93, 165, 168, 1145 --Lee County; Superior Court terms _._..__.__._.__..____70, 93, 165, 169, 357 --Franklin County; Sheriff's salary _______.__.__.__70, 93, 189, 190, 1071 --Royston, City of; Council members; election
city at large ____.____......_....--..................._.._._.-..70, 93, 189, 191, 1071 --Alcoholic beverages; operating vehicle under
influence .._.........___.______-__._.............-..-.-...-.-....-...-~-~~70, 93, 436 --Blood-alcohol test; cost ----__._,,-_-------------70, 94, 355, 438, 2260 --Divorce; minor 14 or older may choose parent ___.-_--......_......-_-71, 94
HB 27 HB 28 HB 29 HB 30
HB 31 HB 32 HB 33 HB 34 HB 35 HB 36
HB 37 HB 38
HB 39 HB 40 HB 41
HB 42 HB 43 HB 44 HB 45
HB 46
HB 47
HB 48
HB 49 HB 50 HB 51 HB 52 HB 53 HB 54 HB 55 HB 56 HB 57 HB 58 HB 59 HB 60 HB 61 HB 62 HB 63 HB 64 HB 65 HB 66
HB 67
INDEX
3167
--Laborers and materiahnens liens; when enforced ______._____71, 94, 840 --Mortgages, deeds; exercised by transferees --------71, 94, 137, 171 --Deeds; transfer to secure debt ----------------------71, 94, 137, 169 --Criminal cases; jury must return verdict ----..71, 94, 584, 627, 749,
1489, 1551 --Banks; payment of deposit in two names --------------------72, 95 --Minors; parents liable for damages ......72, 95, 137, 173, 2271, 2444 --County officers; malpractice in office _._____._______.....72, 95, 436, 1926 --Demonstrators; total number _.------------__----72, 95, 189, 220, 452 --Wills; distribution of assets ------------_-------- ....72, 95, 177, 238 --Bail; jury's presence not required if forfeited --72, 95, 668, 1622,
2612 --Killing of Dogs pursuing deer; freedom of liability .--73, 95, 1530 --Uniform Commercial Code; negotiable instruments .--73, 96, 177,
221 --Real estate salesmen; remuneration --_--.....73, 96, 434, 893, 2613 --Griffin, City of; Commissioners' salary _______73, 96, 189, 193, 1145 --Workmen's Compensation State Board; salaries _....--.73, 96, 434,
528, 1271 --Corporations; application for charter --------73, 96, 137, 173, 2613 --Board of Examiners of Peace Officers; create __..------------74, 96 --Department of Mines, Mining and Geology; abolish ...... ... 74, 96 --Department of Public Safety; use of timing
devices and radar ------------..........................76, 98, 307, 326, 1305 --State Board of Education; responsibilities ..----76, 98, 557, 1109,
2613 --Income tax; exemption for student dependents ............76, 98, 486,
718, 2262 --State employees; Health Insurance Plan;
dental care -------------,,.-..--..........76, 98, 355, 444, 2516, 2531 --Osteopathy; redefine practice --------....----------------....----78, 100 --Capital felonies; rewards lor capture --.----78, 100, 177, 225, 2611 --Firemen's Pension; monthly benefits ----..78, 100, 665, 1031, 2611 --Water pollution control projects; grants ----79, 100, 435, 509, 2612 --Lottery tickets; unlawful ------------..79, 100, 356, 515, 2271, 2317 --Eastern Standard Time; time line --------__.--.........79, 100, 356 --Sales tax; motor fuel for watercraft . .........79, 101, 177, 223, 2612 --DeKalb County; tax returns; procedure ----------------------89, 118 --Newton County; Sheriff's salary ----------------------.....--89,__118
--Voting; disqualification lists __.__..._...........__------------89,TT8Tl90
--Railroads; promote safety ..........__------------------------------89, 119
--Sterilization; authorize certain persons .--89, 119, 435, 507, 2612
--Gilmer County; Commissioners' salary ..----89, 119, 189, 193, 2253
--Pickens County; Commissioners' salary ----90, 119, 189, 193, 2253
--Highways; throwing or depositing of trash _______.........__.___ 90, 119
--Gilmer County; Sheriff's salary --------------90, 119, 189, 193, 652
--Pickens County; Sheriff's salary ............_.__90, 119, 189, 194, 652
--Jury requirement; cases punishable by life imprisonment or death ----_--.------------...--------_____90, 119, 156
--Fitzgerald City of; amend charter .--------...90, 120, 189, 193, 1145
3168
HB 68
HB 69 HB 70
HB 71 HB 72 HB 73 HB 74
HB 75
HB 76 HB 77 HB 78 HB 79 HB 80
HB 81 HB 82 HB 83 HB 84 HB 85
HB 86
HB 87
HB 88
HB 89 HB 90 HB 91
HB 92 HB 93
HB 94
HB 95
HB 96 HB 97 HB 98 HB 99
HB 100 HB 101 HB 102 HB 103
INDEX
--Judges, Court of Appeals and Supreme Court;
salaries .__..__.__..._. 91, 120, 177, 281, 1851, 1936, 2156, 2268, 2341
--Tattnall County; Commissioner's salary ___ 91, 120, 189, 193, 1145
--Tattnall County; Superior Court Clerk's salary ,,_.____.... 91, 120, 189,
195, 1681, 2038
--Tattnall County; Sheriff's salary __..._._91, 120, 189, 195, 556, 1044
--Sales tax; compensation to dealer ___.___________________-______.__-__-_92, 121
--Covington, City of; clarify charter ___.92, 121, 265, 312, 1145, 1341
--Inspection of Motor Vehicles Act;
safety belts ...... ,,
_
,,. 92, 121, 484, 682, 695
--Seat belts; unlawful to sell vehicle after
January 1, 1967 without ------------------93, 121, 484, 893, 1041
--Municipalities; grants for streets ....112, 126, 242, 371, 454, 2612
--Counties; grants for streets _._.__._.___.__.113, 127, 241, 457, 2264, 2319
--Fulton County; County police department; establish ........113, 127
--Criminal sentences; jury's determination ___.___.113, 127, 156, 356
--Oglethorpe County; Superior Court terms ........113, 127, 189, 195,
1145
--Dangerous offenders; procedure for determining ______________113, 127
--Sex crimes; investigation of convicted persons ........114, 127, 436
--Probation; certain defendants ...._.......___..__________._114, 127, 356, 459
--Atlanta-Fulton County; zoning and planning decisions --114, 128
--Second mortgages; certain residential property --.-- 114, 128, 839,
1098, 2096, 2122
--Atlanta, City of; extend corporate limits ___.__-_.______114, 128, 189,
196, 1835, 1836, 1840, 2018, 2097
--Dearing, Town of; mayor and councilmen,
terms ___._._..___.._.........___............._................_.. 114, 128, 189, 196, 1145
--Thomson, City of; sale of property,
procedure ________.______.....-................._....._.....115, 128, 189, 196, 1145
--Colquitt County; Sheriff's salary _______________115, 129, 189, 197, 652
--Motor vehicles; maximum speed ___.___.___.____115, 129, 176, 227, 2613
--Thunderbolt City of; municipal elections and
polls __.__._._._..___.._._______________________________________115, 129, 189, 197, 1853
--Sales tax; compensation to dealer .._...........116, 129, 177, 236, 1073
--Hapeville City of; extend corporate limits;
jurisdiction ,,------------____.__,,,,.,,._..,,____--------116, 129, 189, 197
--Atlanta Judicial Circuit; compensation of
certain Assistants .........-.......__...__...._---.__.__! 16, 130, 189, 198, 652
--Fulton County; Employees group insurance
premium payment ----116, 130, 189, 198, 1934, 1938, 2266, 2390,
2408
--Income tax; gambling devices ......_.........___.117, 130, 241, 365, 2613
--Superior Court Clerks; certain fees ---- 117, 130, 177, 228, 2613
--Georgia Youth Council; create ,,.,,._,,__--------117, 131, 668, 908, 2613
--Alpharetta City of; number of Council
members ...........____.___.______.____.-_........._...._....118, 131, 189, 198, 1146
--Hapeville, City of; employees' retirement ___.125, 164, 189, 199, 556
--Corporations; class of stock and stockholders ---------125, 164, 841
--Corporations; stock shares _._._______.__._....__.................._. 125, 164, 841
--Corporations; stock shares, rights or options --------126, 164, 841
HB 104
HB 105
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 HB 133
HB 134
HB 135
INDEX
3169
--Corporations; stock shares, option purchases ...._________._________.__________.._______.___.__._____126, 165, 177, 360, 438
--Highways; relocation expenses ---.-126, 165, 176, 666, 887, 2271,
2454 --Wills; unnotified heirs _.._._........_..._. 126, 165, 356, 513, 2264, 2314 --Fairburn City of; extend City limits ....___. 158, 183, 308, 313, 1146 --Reidsville City of; City Court, Judge's
salary __.._.....__._______._.____..___.._..._.__.__.__________.._ 159, 183, 265, 312, 1146 --Highways; throwing or depositing of
trash ______.._____________.._.......___._.._..___.159, 183, 354, 517, 569, 797, 2614 --County Surveyors; qualifications ____________.___159, 183, 356, 530, 570,
584, 1319, 2614 --License plates; reflective material _._....._.............160, 177, 184, 288 --Municipalities; slum clearance ---.....,,_--._...--..--_ .__--___--,,.. 160, 184 --Phenylketonuria; test to all infants _._.__,.... ....160, 184, 840, 1026,
2260 --Intoxicated drivers; provisions --------160, 177, 184, 519, 570, 585 --Haralson County; Treasurer's salary ........161, 185, 265, 312, 1072 --Haralson County; Commissioner's salary ...... 161, 185, 265, 313,
1072 --Stephens County; Commissioner's term
of office ......_.._........._........................._._......_....-............._...._161, 185 --Stephens County; Superior Court, salary of
personnel -..-______-_..._____,,.-__.__-_.__--..,,__.___.--_.--__--_..._-_---__.161, 185 --Stephens County; Ordinary, salary of
personnel ..____.____.__..-,,_--______........_------.--.--___ 161, 185 --Motor vehicles; transportation of loose materials --161, 185, 1992 --Alimony; payments cease on wife's remarriage ..--_.__--.-_ 162, 185 --Real estate titles; judgments --------162, 186, 356, 498, 2265, 2292 --Superior Court Judges, Emeritus;
limitation of funds ._-..__.____.___.,,_.-.........--_.......162, 186, 356, 2041 --Oglethorpe County; Sheriff's salary ....--.163, 186, 308, 313, 1148 --Driver Education Course; included as
curriculum _............_______.._.........._._...___._......___.........163, 187, 557 --Department of Public Safety; marked
cars ____.__._....._____.__...._.._.___......._______.163, 177, 187, 328, 2269, 2305 --State Highway Department; subsistence
allowance ........_-_......-..-..___.___.....____...._._..163, 187, 354, 532, 2614 --Superior Court Clerks; salary _______________._._.___................164, 177, 187 --Reidsville, City of; City Court; solicitor, clerk,
sheriff salary ........._.___.___......._.178, 261, 308, 314, 556, 1681, 2037 --Pataula Judicial Circuit; Solicitor-General's
salary _.......___.._.__......._._....____.....-._...._.__.179, 261, 308, 314, 1148 --Money orders; Savings and Loan
Associations __.____..-..-_..__.____--_..._.._........._..--...----.--..179, 261, 839 --Palmetto, City of; New charter .--------.-...179, 261, 434, 487, 1853 --Alimony; payments cease on wife's remarriage ----.180, 262, 356,
808, 2262 --Solicitors-General Retirement fund of Georgia;
Emeritus; credits ----180, 262, 668, 885, 2094, 2291, 2385, 2388 --Homestead exemption; redefine "homestead" ....180, 262, 262, 1139
3170
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 HB 162
HB 163
HB 164 HB 165 HB 166
HB 167
HB 168
INDEX
--Motor Fuel Tax Law; refunds ______._.__________.__180, 262, 355, 651, 702
--Unemployment Compensation Law; weekly
benefits .....__._-..______-....._____....______...........__.181, 262, 434, 791, 1363
--Driver's license; National Guard ___...__......181, 263, 484, 1597, 2614
--Criminal trials; accused may testify ..__.._..._.__.......__._.. 181, 263, 1139
--Trespassing; right of contribution _______.._..181, 263, 356, 452, 2260
--Claims Advisory Board; fees, money or
gifts
.....
182, 263, 356, 496
--Drivers' license; expiration date __._.._________..____._._______182, 263, 1267
--Eminent domain; borrow pits, drainage
ditches ..___.........._._____.....,,.__....___..__.......___.._.....___.....____..182, 264, 666
--Harrison, City of; Mayor and Council
election __..._..__........_._.....___._......______. .......__..182, 264, 308, 314, 1148
--Phenylketonuria; test to all infants .-_-_....__..-_......-._._.......182, 264
--Felony if person moves from State to avoid
prosecution ....___.__._...._____.. ......._____.182, 264, 356, 1618, 2433, 2456
--Bond elections; legal advertisement __..__.___......__..253, 301, 311, 1267
--Peace Officers' Annuity and Benefit Fund;
penalties ....-_...--__-__.._...__...._._---..._______.._.._.__-....___--.._.253, 301, 840
--State Department of Law; employees ..._____253, 301, 307, 333, 2094,
2115
--Rabun County; Ordinary's salary __...._..__.... 253, 301, 353, 372, 652
--Bartow County-Cartersville Joint Airport
Authority; create _,,,,,,__,,.... 254, 301, 353, 372, 1148
--Adairsville, City of; extend, redefine corporate
limits .... ____.... ____........___......___........_........___... 254, 301, 353, 373, 1148
--Adairsville, City of; Mayor and Council,
salary ....____....___._....__..._...___..__......____.....______.254, 301, 353, 373, 1149
--Commission on Status of Women; create ..254, 302, 668, 906, 2262
--Public drunkenness; cash bonds ____...__._.......__........254, 302, 436, 534
--Appellate Courts; criminal cases, right of
appeal __-__.____-_____...___-.________-._-_--_____......__..._..........254, 302, 841
--Savings and Loan Associations; taxation __.._____..._-___.-_255, 302, 747
--St. Andrews Sound; fishing with power drawn
net _-___._.^__.---._-^-....---.-.-.--..---255, 302, 353, 373, 1853
--St. Marys, City of; execute deeds to secure
debts ...._____-..._____..___.._.___._.....____-.....-.___.....255, 302, 353, 374, 1853
--Folkston, City of; council posts _._,,..,,_______ 255, 302, 353, 374, 1149
--Garnishment; procedure __...____--_._____255, 303, 485, 680, 695, 745
--Fulton County; Justice of Peace Emeritus;
create ___...._-.-...___.....__-_...-.___-.-__.._-....__._---._.-_255, 303, 584, 697
--Alapaha Judicial Circuit; Solicitor General's
salary __...__......._____...__._....__......_____.._....___.256, 303, 353, 374, 1667
--Adoption; waiting period ___....._..__..____256, 303, 356, 530, 644, 2614
--Estates; simultaneous deaths ______.,,___--.256, 303, 841, 1029, 2262
--Domestic life insurers; investment accounts -__._--258, 304, 747,
883, 2262
--Superior Court; jurors may also serve in other
courts .....___._...__.._.....___....___-.___..__....____....._-__....._258, 305, 485, 1284
--Financial conditions; statements in writing ._............ 258, 305, 355
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 HB 192
HB 193
HB 194
HB 195
HB 196
HB 197
HB 198
HB 199
INDEX
3171
--Teachers' Retirement System; Board of Trustees .________.___._____._____________________258, 305, 666, 1227
--Georgia State Board of Barbers; resident requirements ____________________________________.258, 305, 668, 1470
--DeKalb County; Homestead exemption application __________258, 305 --DeKalb County; Board of Tax Assessors, duties -__.______-259. 305 --DeKalb County; Tax return, time for closing
books ___________________________________________________________.259, 306 --DeKalb County; Tax Receiver and Tax Commissioner;
delivery of tax returns --_..._________________________259, 306 --DeKalb County; Tax payments _____.__._______.___,,____.__259, 306 --Teachers' Retirement System; Georgia Council
on Education ________________________ 259, 306, 354, 789, 2095, 2295 --Atlanta, City of; Criminal Court Investigators
appointed by Solicitor-General .__._----...260, 306, 483, 558, 1149 --Plumbing Code; adopt _.____________.._______.______._____260, 306, 531 --National Electrical Code; adopt ____.-____--__._____.___260, 306 --Elections; ballot labels on voting machines .__.__-__--_~--260, 307 --Worth County; Sheriff's salary __________293, 319, 353, 375, 1072 --Jasper County; Sheriff's salary __________ 294, 319, 353, 375, 1149 --Haralson County; Sheriff and Ordinary;
salary .____.___._____.__.________.________._.____________.294, 319, 353, 375, 1072 --Jenkins County; Sheriff's salary ________.__294, 319, 353, 376, 1149 --Miller County; Small Claims Court,
create ______-_____________.______._____._____.294, 319, 353, 376, 1668 --Miller County; Sheriff's salary ____________.294, 320, 353, 376, 1149 --Highways; contractors' vehicles,
requirements _-____._______._____-________________________294, 320, 484, 895 --Higgston, Town of; extend corporate limits ____295, 320, 435, 488,
1149 --Chatham County; Sheriff's bond ___________.295, 320, 353, 377, 1673 --Chatham County; Clerk of Superior Court,
bond __.-__-____-_-___-..______________________.._____ 295, 320, 353, 377, 1674 --Cook County; Sheriff's salary _____________ 295, 320, 353, 377, 1668
--License plates; trucks transporting forest products ___.________..______...__.____.__________.295, 320, 436, 505, 1271
--Concentrated feeding stuffs; inspection fee _____._____.__._.._____.._____________.295, 321, 482, 780, 939, 1602, 2083
--Chatham County; Taxes paid in two installments ___________.____._____-_____________296, 321, 354, 378, 1674
--Meriwether County; place certain officials on salary _______._______________.___.______________________296, 321, 354, 378, 1149
--Meriwether County; deposit of county funds _______._.______._______._______-__.______._.296, 321, 354, 378, 1150
--Department of Public Safety; lane control signal devices _______._____._______________.______._.297, 322, 435, 795, 2272, 2333
--General Appropriations Act; State Highway
Department Laboratory Building _______ 297, 322, 483, 715, 2614
--State Office Building Authority Act; define project _..._.___.____._.__._.____________.________..297, 322, 356, 714, 2614
3172
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
HB 221
HB 222 HB 223 HB 224 HB 225 HB 226
HB 227
HB 228 HB 229 HB 230
HB 231
HB 232
INDEX
--Practice of law; educational
requirements ...............297, 322, 356, 502, 1272, 1907, 1938, 1983
--Highways; construction and repairing __________ ___________297, 322, 666
--Georgia Ports Authority; membership .__.__..___.298, 323, 584, 1103,
2096, 2107
--City Boards of Health; Health Insurance
plan ___.-........._____.__.-...._.__..-.____...__..-...___....................._...298, 323, 435
--Statewide Probation Act; court procedure .._.__....._..-.._......298, 323
--Sales tax; exempt certain machinery ___.______..___.--_______-.._____.298, 323
--Insurance; investments ____..._....._-___._-..._.___298, 323, 747, 1620, 2260
--Banks; notes of indebtedness, repayment .-._.....-.__...._._...__.299, 323
--Estates; income tax _...._.___...._._.......____.___....299, 324, 584, 869, 2615
--School bus drivers; minimum salaries ________._____299, 324, 354, 525,
1536
--Murray County; Certain officials' salary ______.____.299, 324, 434, 488,
1681, 1839
--Atlanta, City of; Disability pension, fractional part of years service _...._____......__............_.299, 324, 557, 565, 2253
--Atlanta, City of; Pension, refund of
contributions ....___._..____...,,____.....____.__--_.._... 300, 324, 557, 565, 2253
--Atlanta, City of; Beneficiaries, pension, fractional
parts of years service ________________-__._______300, 324, 557, 565, 2253
--Atlanta, City of; Disability pension; fractional
part of years service --.___--,__--.--_._--300, 325, 556, 557, 2254
--Fulton County; pension disabilities......... 300, 325, 556, 557, 2266,
2288
--Insurance; non-profit medical service
corporations _...,,. .........__.._..._...318, 352, 355, 637, 668
--Osteopathy; County Boards of Health -___...___.._.-__.-_...___._.318, 352
--Deer hunting; fluorescent clothing ._-__.____.....__318, 352, 747, 1110
--Master barber; qualifications _______ 318, 352, 435, 1931, 2267, 2312
--Georgia Health Code; research groups ._____......319, 353, 558, 815,
2267, 2459
--Sales tax; prescription drugs and
medicine .....,,.,,----.----_..-- -.....^^ .....----342, 425, 942
--License plates; certain trucks .......__...._............343, 426, 667, 1501
--Civil actions; court costs ..._,,._._...._....._............343, 426, 584, 900
--Desecration of burial place; punishment ....___...._......_.343, 426, 584
--Bridges; punishment for burning __--._,,_.____-.,, 343, 426, 584
--Mortgage loans; residential dwellings ........_...-343, 426, 747, 881,
2615
--Atkinson County; County Court,
abolish _..._-..-.____..__..._____....____....___..-...__._..343, 426, 434, 488, 1853
--Atkinson County; Sheriff's salary __________344, 426, 434, 488, 1150
--Concealed weapons; unlawful .,,__.._....... ________ 344, 427, 584, 1039
--Monroe, City of; Mayor and Council,
election __... ..____....__.........._...___.............._.__..344, 427, 435, 488, 1150
--Business license and tax; assessment _,,--._----~344, 427, 584, 1599,
1696
--Syphillis; premarital examination _
-
.. .344, 427
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
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
INDEX
3173
--State Board of Medical Examiners; intern requirements _______________________344, 427, 435, 486, 558, 810, 2615
--Divorce; grandparents' visitation rights __._-345, 427, 485, 806 --Ben Hill County; Superior Court Clerk's
salary ____________________________________.345, 427, 435, 488, 1072 --Sandersville, City of; zoning ordinance
changes __________________________________345, 428, 667, 697, 1668 --Statewide Business Development Corporation;
create ------------------______________________________346, 428 --Stewart County; Sheriff's salary --------346, 428, 435, 490, 2083 --Trading stamps; unlawful _______________.._._______.____346, 428 --Chattahoochee County; business licenses __________-347, 429 --Georgia Education Improvement Council;
members' expenses _______________________347J 429, 557, 1793, 2615 --Senior Superior Court Reporters; create
office __--_-______------__--________----____347, 429, 438, 668, 1229 --Subpoenas and processes; revise
laws .---347, 429, 1685, 1944, 2272, 2333, 2433, 2449, 2489, 2625 --Appellate Procedure Act of 1965; filing
motions for new trial ______347, 429, 1139, 1789, 2272, 2492, 2538 --Workmen's Compensation; settlement of
claims _--___.______________________----347, 430, 1138, 1827, 1899 --State School Building Authority Act; members'
compensation ____________________________________________.----348, 430 --Driver's license; honorary to certain
veterans ______________________._________.348, 430, 483, 688, 2272, 2437 --State departments or agencies; construction
contracts _________________.______.___.______,,____________-348, 430 --Hart County; Expenditures, remove provision
limiting cost _________._____.______.___348, 430, 435, 490, 1072 --Hart County; Clerk and Ordinary,
salary ____.__________..___________._________349, 431, 435, 490, 1072 --State Hospital Authority Act; bond
issuance _________________________----.349, 431, 665, 1090, 2615 --State Board of Probation; members' salary _________.___349, 431,
748, 873, 1309 --Loiter or prowl; unlawful around certain
dwellings _________.________________._-___.____________._.______349, 431, 584 --Parked vehicles on highways; lighted lamps
while raining _________________________________349, 431, 436, 536, 647 --State Institutional Farms Division;
create __-_________-_______-____.____-_-_349, 431, 482, 720, 2092 --Macon, City of; Condemnation of property for street
purposes ____________________________________350, 432, 435, 490, 1072 --State Board of Registration for Used Car
Dealers; membership _____________________________360, 432, 749 --Divorce; minors may choose parent __._----_-____.------350, 432 --Divorce; incurable insanity ___________._______________________351, 432, 485 --Divorce; conduct of both parties __________________________.351, 432 --Divorce; service by publication ______________________351, 433, 841, 1045 --Divorce; petition information ________________._____351, 433, 841, 1808
3174
HB 263 HB 264 HB 265 HB 266 HB 267 HB 268
HB 269
HB 270 HB 271 HB 272
HB 273
HB 274
HB 275
HB 276 HB 277
HB 278
HB 279
HB 280
HB 281
HB 282 HB 283
HB 284 HB 285
HB 286
HB 287
HB 288 HB 289
HB 290
HB 291
HB 292
HB 293
INDEX
--Divorce; attorney's fees -_____..-..-_..____-._____._.__._______._._351, 433, 485 --Divorce; temporary alimony ..._........_............._....351, 433, 485, 1818 --Toombs County; Branch banks; establish __._..___._______418, 474, 747 --Macon County; Ordinary's salary ___________418, 474, 484, 559, 1146 --Macon County; Tax Receiver's salary ______._418, 474, 484, 559, 1146 --Civil actions; Court Reporter's fee for
transcripts ._-____._______.___...____..____._____________.___.._.________._..418, 474, 1264 --Louisville, City of; Voters'
registration ___.....___._______._.___.___.__..__......__418, 474, 484, 559, 1146 --Eminent domain; service upon non-residents ... 418, 474, 1263, 1639 --Tax returns; property value ..-.--______._______.____419, 475, 1367, 1800 --Eminent domain; service upon non-residents .._.___..--419, 475, 1263,
1641, 2615 --Eminent domain; service upon non-residents ..______._,, 419, 475, 1263,
1643, 2273, 2462 --Miller County; Board of Commissioners;
Chairman's salary ___-.___..___.__419, 475, 484, 560, 1146, 2546 --Chattooga County; Tax Receiver and Tax
Collector; consolidate offices _._--_____..__________...__.419, 475, 484, 560 --Chattooga County; Sheriff's salary ..,,...___ 419, 475, 484, 560, 1853 --Chattooga County; Superior Court Clerk's
salary .....__.___.....___.______....._..___...._.....________.420, 475, 484, 561, 1854 --Chattooga County; City Court, repeal Act
establishing ______..__________..._____.______.._________________.420, 476, 484, 561 --Clayton County; Purchasing Agent, full-time
employee _.._.__-___._._.._...___-_-__..-.--____.___420, 476, 484, 561, 1146 --Porsyth County; Certain officials' salary ...___.420, 476, 484, 562,
1668 --Forsyth County; Board of Commissioners' Chairman's
expense allowance ___.___.__..___..._..._____.___..__.420, 476, 484, 562, 1668 --Dawson County; Sheriff's salary __..._._....,,...420, 476, 484, 562, 1668 --Elections; candidates without
opposition _-..-____........__-.....-___-.___421, 476, 748, 1317, 2095, 2110 --Tax on intangible property _____...._..________.....___._......421, 476, 486, 867
--Dade County; Tax Commissioner's salary .__.____......____........_.__._........_____..___..._.421, 477, 484, 563, 1147
--Dade County; Board of Commissioners' salary ______.....__.____......___........___.........____.___.....421, 477, 484, 563, 1147
--Dade County; Ordinary, clerical expense allowance ,,______.,,__,,________. ._.________._.__.._________421, 477, 484, 563, 1147
--Dade County; Sheriff's salary ..__..._.._____._.421, 477, 484, 564, 1147 --Cobb County; Senatorial Districts; change
provisions relating to 32nd and 33rd ....422, 477, 840, 1035, 2615 --Judges, Superior Court; service in judicial
circuits ____________........____.._____..___-___.___.422, 477, 748, 1286, 2264, 2287
--Farmington, Town of; Mayor and Council, election ___.......__.___..._.__._..___.___...._.____-_......422, 477, 484, 564, 1147
--Minimum Foundation Program of Education; sick leave expenses .......___._........_.423, 478, 666, 1335, 2272, 2338
--Upson County; Ordinary's salary.............. 423, 478, 484, 564, 1147
HB 294
HB 295 HB 296
HB 297
HB 298
HB 299
HB 300
HB 301 HB 302 HB 303 HB 304
HB 305
HB 306 HB 307 HB 308
HB 309
HB 310
HB 311 HB 312
HB 313
HB 314 HB 315 HB 316
HB 317
HB 318
HB 319
HB 320
HB 321
HB 322
HB 323
INDEX
3175
--Upson County; Ordinary, Clerk's salary ___.____.___.....____.. .___._________.__423, 478, 484, 564, 1147
--Sales tax; air and water pollution -_________------____.--_--....423, 478 --Lookout Mountain Judicial Circuit; Add
additional Judge ___.... 423, 479, 1140, 1141, 1204, 1303, 1340, 1475 --Minimum Foundation Program of Education;
school lunch personnel __.__..___ 424, 479, 666, 797, 1262 --Sales tax; drugs, medicine, caskets, coffins and
vaults .._._...___._.. _______________________________..______.______424, 479 --Income tax; deduction from gross income of
Federal Income tax ____________________________.___.______._______________.424, 479 --Elections; number of electors a person shall
assist ._____..._._-...._____...______.__.._....-__._.....___.424, 479, 1263, 1820, 2262 --Banks; expansion facilities ________ 424, 479, 839, 1635, 2095, 2300 --Motor Fuel Tax Law; tax levy _____,.. 425, 480, 942, 1288, 2272, 2434 --Sales tax; exempt certain machinery ......425, 480, 942, 1329, 2262 --State Council for the Preservation of Natural
Areas; create ....._.___...._._.___..........464, 547, 1267, 1917, 2419, 2525 --Catoosa County; Board of Utility
Commission .-__.._..___..._.____.,,..._._____......._-465, 547, 557, 588, 1073 --Athletic contests; admission tickets ........465, 547, 748, 1232, 2616 --Bail; military personnel _____......._._________..__.___465, 547, 584, 898, 2616 --Stephens County; Superior Court
Clerk's salary ___.___.______._._..__.....___._.._..____.465, 548, 557, 588, 1147 --Stephens County; Board of Commissioners;
terms of office .......-______.--____........____.466, 548, 557, 589, 1148 --Minimum Foundation Program of Education Act;
participation ..__......__--..__....____.____...________.__._.________..466, 548 --Stephens County; Ordinary's salary ........466, 548, 557, 589, 1148 --Macon County; Small Claims Court,
create .____.........____._.__-_....._-___......_...--_._466, 548, 557, 589, 1148 --Toombs County; Board of Commissioners, Clerk's
salary ..__.___.__-.._._._.._._...466, 548, 557, 590, 1150 --Sales tax; utility systems _____...............____467, 549, 942, 1496, 2616 --Decatur County; Sheriff's salary ................467, 549, 557, 590, 1668 --Bainbridge, City of; City Court;
Sheriff's duties ............_______......__.._...:......467, 549, 557, 590, 1668 --Bainbridge, City of; Aldermen;
decrease number ________________..._______....__.__ ..467, 549, 557, 591, 1668 --Augusta, City of; Masonic Hall, increase
powers of Trustees _.._.......___.._--.....__.._467, 549, 1553, 1583, 2254 --Handicapped or paraplegic drivers;
distress signals _......_..._......____-.....__.._.__.468, 549, 841, 1106 --DeKalb County; Juvenile Court; Judge's
salary .......468, 550, 557, 591, 2264, 2289, 2387, 2402, 2413, 2517 --State institutions; ability of patients
to pay __..._________..._____________._...--______.___468, 550, 942, 1293, 1296, 2260 --Uniform Commercial Code; Central
Depository System .__...___,,..._ ...468, 550, 839, 1024, 2616 --Eminent domain; just and adequate
compensation _________ .....__.__........ ______469, 550, 748, 877, 2434, 2497
3176
HB 324
HB 325 HB 326 HB 327 HB 328 HB 329
HB 330 HB 331
HB 332 HB 333 HB 334 HB 335
HB 336 HB 337 HB 338 HB 339
HB 340
HB 341
HB 342 HB 343 HB 344 HB 345
HB 346
HB 347
HB 348 HB 349 HB 350 HB 351 HB 352 HB 353 HB 354 HB 355
HB 356
HB 357
HB 358 HB 359
HB 360
INDEX
--Structural Pest Control Act; membership ....___._._.______.....__......___469, 550, 665, 1340, 1483, 2616
--Georgia Food Act; regulate .____________.______-469, 482, 550, 875, 2616 --Georgia Fertilizer Act of 1960; registration _______469, 482, 551, 804 --Livestock; auction operators ~____.___.____.__-469, 482, 551, 802, 2616 --Lowndes County; Sheriff's salary .__._..._...._470, 551, 558, 591, 1150 --Troup County; Housing Authorities
Law, exempt ....___.........____.......__.___...._...._...470, 551, 941, 949, 1669 --Imported meat; labeled .._____.........__....._..___....__...._..-.___...._470, 482, 551 --Pembroke, City of; City Court,
repeal Act creating __......__...._.___..__.._...........471, 552, 558, 592, 1669 --Bryan County; Treasurer's salary ...____.__..471, 552, 558, 592, 1669 --Worthless checks; misdemeanor ,,___...__..--_......_.._......_.-.__..471, 552 --Motor driven cycles; special learner's permit ____________471, 552, 749 --Water Quality Control Board; mandatory
hearings __.........__-._......____.___....._._.....471, 552, 558, 904, 2420, 2535 --Motor vehicles; theft of parts _____.___.471, 552, 667, 799, 2449, 2469 --Banks; taxation of shares __.-.__....-_.._.......472, 553, 838, 1507, 2091 --Office of Public Defender; create ,,...____......__....._____...472, 553, 1267 --Fulton County; Teachers and Employees,
retirement ___..___.___,,-.-...______.,,...._____,, 472, 553, 558, 592, 2265 --Fulton County; Teachers and Employees retirement;
designate dependent as beneficiaries --------..472, 553, 558, 593 --Fulton County; Teachers and Employees
retirement refund ..___....._.__...._..___.....__.___473, 553, 558, 593, 2254 --Explosives; transporting ___.________.________________._____.473, 554, 1267, 1822 --Teachers' Retirement System; Board of Trustees _.____473, 554, 557 --Industrial secrets; unlawful to steal .----473, 554, 840, 1225, 2616 --Pelham, City of; Close certain
streets .....___-...__......___-.-........___...-..537, 575, 667, 697, 1681, 1901 --Income tax; handicapped
students __-_-...._.__.__-.___._...._-538, 575, 938, 939, 1332, 2095, 2277 --Kennesaw, City of; Mayor & Council, Compensation
for attendance of meetings _.____..538, 575, 667, 698, 1851, 1906 --Treutlen County; Sheriff's salary ___.....__..538, 575, 667, 698, 1150 --Montgomery County; Sheriff's salary __-_538, 576, 667, 698, 1150 --Inspection of Motor Vehicles Act; motor vehicle sales ..-- 539, 576 --Tires; date of manufacture and serial number _._____.___.____..539, 576 --Lookout Judicial Circuit; Judge's salary ....._......._..--......--539, 576 --Conditional Sales Contract; confirmation ._..__..__--__._.__._...539, 576 --Taxation; stock transfers .__-_.....___....___............_.......__.539, 576, 1867 --Crisp County; Certain officials'
salary _.__________________.__._________.______.___.__.___.539, 576, 748, 750, 1669 --Atlanta, City of; Former officers, employees;
additional pension benefits .._..____. 540, 577, 749, 750, 1936, 1943 --Franklin D. Roosevelt Warm Springs
Memorial Commission; members ______-__.____..540, 577, 1142, 1798 --Deficiency judgments; personal property ____.--_______-.._________.540, 577 --Muscogee County; Board of Commissioners,
election ...___..._____..._.___.______..___.....-.......___ 541, 577, 667, 699, 1073 --Muscogee County; Contractors' bonds ......541, 577, 667, 699, 1073
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 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
INDEX
3177
--Muscogee County; Urban Redevelopment Law;
terms and powers _______________________.__..541, 578, 667, 699, 1073
--Muscogee County; Law enforcement vehicles
display blue flashing light .__--.__..____-...541, 578, 667, 700, 1073
--Muscogee County; County contracts,
notice of letting ____.............___.._.__........_.___._.___.541, 578, 748, 865
--Muscogee County; Employees' pension ..._..542, 578, 667, 700, 1073
--Wilcox County; Sheriff's salary ___________.B42, 579, 667, 700, 1669
--Wild animals; acts of cruelty .....___............___._....642, 579, 1531
--Clayton County; Militia District No. 1189,
change name ...._____...._.____.....___...__...........543, 579, 667, 701, 1150
--Superior Court Clerks; wills of persons still living _______543, 579
--Deputy Wildlife Rangers;
appointment ........__...B43, 579, 747, 865, 2420, 2488, 2538, 2546,
2564, 2625
--Georgia Election Code;
regulation _______.__________.__________._______643, 579, 668, 1044, 1115, 1698
--Bonds; issue in accordance with State Constitution ____543, 580, 668
--Traffic Violations Bureau; judge may establish _______._._____544, 580
--Motor Fuel Tax Law; excise tax __............_._.____._____.544, 580, 1867
--Sales tax; motor vehicle fuel and kerosene _...._____.544, 580, 1867
--State Highway Board; funds ......_.____._.................544, 581, 839, 910
--Eminent domain; non-residents ------____-,,,,_.--_.------__.545, 581
--Court; dismissal of suits after 5 years ___.._____545, 581, 840, 1033
--Gray, City of; Mayor & Council,
office vacancies
..-- .__.__....._........._545, 581, 667, 701, 1669
--Teachers' Retirement System;
military service ___.__,,___._,,_.____________.,,_ 545, 581, 1262, 1770
--Income tax; retirement income ,,.-.......___-___.__--._--...545, 581, 1867
--Acworth, City of; Mayor & Board of
Aldermen, election ....._______.......______......_.546, 582, 667, 701, 1669
--State Employees' Retirement System;
survivors benefits .._______.........._._____......_-_.____.....__....546, 582, 1264
--Ambulances; first aid course _____.......__....___.-_.____-____B46, 582, 748
--Chattahoochee County; Business
licenses __.______,....___.____-__...........____......._...573, 663, 748, 751, 2084
--Clarke County; Warm air heating
contractors ______..__.___________._.__.__--________________673, 663, 748, 751, 1854
--General Appropriations Act; State
Department of Education ,,,,..,,___..,,...__.__________...,,.__. 575, 664, 1262
--Revenue Bond Law; amend ...._...___.654, 736, 840, 1094, 2419, 2521
--General obligation bonds; court
proceedings .._.______.....................___655, 736, 840, 1096, 2419, 2523
--Sales tax; charitable organizations ___.......--...____________________.655, 737
--DeKalb County; County management form
of government, create ______._...--_....,,,,._--.________--....____666, 737
--State buildings; specifications; physically handicapped _._655, 737
--Pike County; Board of Commissioners;
salary ___.........___.________...._._.....-_._.____._-._.___656, 737, 941, 948, 1670
--Pike County; Board of Commissioners,
Clerk's salary ._____..._..........__.___.__......_____._.656, 737, 941, 948, 1670
3178
HB 394 HB 395
HB 396 HB 397 HB 398 HB 399
HB 400
HB 401
HB 402 HB 403
HB 404
HB 405 HB 406
HB 407
HB 408
HB 409 HB 410 HB 411
HB 412
HB 413
HB 414 HB 415 HB 416 HB 417 HB 418 HB 419
HB 420
HB 421
HB 422
HB 423
HB 424 HB 425 HB 426 HB 427
INDEX
--Zebulon, City of; Corporate limits _____._..._ 656, 737, 941, 949, 1670
--Clarke County; warm air heating contractors;
terms and provisions ___.___._.__,,_____.______..__. 656, 738, 749, 943, 1670
--State employees; minimum hourly wage._-___.._____-_._______-656, 738
--State Board of Funeral Service; composition ______._,,____,,____ 656, 738
--Employee safety; maintain facilities ......_____._____._____.___.__..____657, 738
--Murray County; Board of Commissioners;
salary .____..______________.___.______.________...._..___ 657, 738, 1139, 1191, 1670
--Rockdale County; Board of Commissioners; appointment
of Executive Assistant ._..,,__._._,,_______,,______ 657, 739, 749, 943, 1670
--Rockdale County; Board of Commissioners;
salary _______._._..______._____....___.___._.____._..______.__.___.658, 739, 749, 943, 1670
--Rockdale County; Sheriff's salary _________.__658, 739, 749, 944, 1670
--Sandersville, City of; Water and Light
Commission, bolish
__
........658, 739, 749, 944, 1671
--Wave length of law enforcement officers;
written authorization to use ______________..________...___.._________.___.658, 739
--Department of Public Safety; radio system ._....._..658, 739, 1992
--Glynn County; Board of Commissioners,
election of members ____._.._____......,_________659, 740, 1139, 1191, 1671
--Mclntosh County; Superior Court,
Clerk's fees _......__._._......._____.._......._.......___659, 740, 748, 944, 1854
--Railroads; signalling devices at
grade crossings.-._........___-........._....__........_..659, 740, 839, 1113
--Emanuel County; Sheriff's salary _____._.__660, 740, 748, 945, 1671
--Larceny; tangible personal property ,,____,,._______ ........660, 741, 1367
--Wadley, City of; Registration books
for voters ._.._..._...__.._. _ ._... 660, 741, 748, 945, 1671
--Fort Valley, City of; Certain officials'
salaries __.________.___.__.____.._______._.___________..__.660, 741, 749, 945, 1671
--Atlanta, City of; Fire Department;
reduced pension benefits ____________________________________ 660, 741, 940, 949
--Lumpkin County; Sheriff's salary ____.........661, 741, 749, 946, 1671
--Catoosa County; Sheriff's salary ......661, 741, 749, 946, 1681, 1903
--Real estate deeds; tax ___________________-___.__.____-_____.___-____-_.____________661, 742
--Wayne County; Superior Court terms __.__.. 661, 742, 749, 946, 1671
--Sales tax; artificial limbs ______________..__._._______._____________._661, 742
--Municipal boundaries; method of extending;
5,000 or less _.....____......__.___.......______._......_..__..............662, 742, 1263
--Municipal boundaries; method of extending;
5,000 or more ___.___________________._.__.___________...._.___.._.._________662, 742, 1263
--Cemeteries; perpetual care and
endowment care __________.._.____742, 797, 840, 1920, 2419, 2487, 2539
--Douglas, City of; extend corporate
limits _ __...__._____...__.____-.______-____-_____________.662, 743, 749, 947, 1671
--Intangible Property Tax Act of 1955;
long-term notes _________________________________________ 662, 743, 838, 1322
--Twiggs County; Sheriff's salary ______..________725, 829, 940, 950, 1672
--Madison County; Tax Commissioner's salary __________725, 829, 950
--Municipalities; annexation of territory _____ _____________......____725, 829
--Burke County; Superior Court terms _____.__725, 829, 940, 950, 1672
HB 428
HB 429
HB 430 HB 431
HB 432
HB 433
HB 434 HB 435 HB 436 HB 437 HB 438 HB 439
HB 440 HB 441
HB 442
HB 443
HB 444 HB 445
HB 446
HB 447 HB 448
HB 449
HB 450
HB 451 HB 452
HB 453 HB 454
HB 455
HB 456 HB 457
HB 458
INDEX
3179
--Guyton, City of; Mayor and Council-elect;
fix date for taking office.----.--.__.......725, 829, 940, 951, 1672
--Fulton County; alcoholic beverages;
Revenue Tax Act .....____...----__----__.......___----....--____725, 829, 1143
--Driver's license and registration; certain actions ------726, 829
--Superior Court Judges, Emeritus;
Governor may call to serve _------__----.--_..----------726, 830
--Augusta, City of; Street improvements; method
of making assessments .___.____.--726, 830, 940, 951, 1672
--Augusta, City of; Sprinkling system;
repeal provisions _----._--------_..------...727, 830, 940, 951, 1672
--Jefferson County; Coroner's salary _..._______.727, 830, 940, 952, 1672
--Jefferson County; Treasurer's salary ----727, 830, 940, 952, 1672
--Driver's license; revocation, 3rd speeding conviction -----728, 831
--Driver's license; revocation, speeding violations --------728, 831
--Homestead exemption; fair market value ____----_--.728, 831, 1867
--Property tax; application for years'
support _-.......__-...._.._.----...--------__--------729, 832, 1139, 1290
--DeKalb County; Board of Education, members' terms ..._729, 832
--DeKalb County; Board of Commissioners;
election of certain members ----------------------------729, 832
--DeKalb County; Board of Commissioners;
election of certain members --------------_--------------__. 729, 832
--Georgia Municipal Association; Social
Security coverage ----_________...----729, 832, 1139, 1316, 2617
--Brooks County; Sheriff's salary .._.,,_...730, 833, 940, 952, 2086
--Chattahoochee Judicial Circuit; Solicitor
General's salary -....----------------------.730, 833, 940, 947, 1672
--Columbus, City of; City Court; salary of
judge and solicitor ----------------------...730, 833, 940, 948, 1673
--Muscogee County; Sheriff's salary ....730, 833, 940, 953, 1673, 1674
--Muscogee County; Tax Commissioner's
salary ...__.__......_.--------------------...------.731, 833, 940, 953, 1674
--Muscogee County; Juvenile Court,
Judge's salary --------------..------.----731, 834, 1139, 1194, 1674
--Muscogee County; Superior Court,
Clerk's salary .._.___......__._----_.----.......-._...731, 834, 940, 953, 1674
--Muscogee County; Ordinary's salary .........731, 834, 940, 954, 1674
--Columbus, City of; Municipal Court
jurisdiction ___--__..--------------_----........731, 834, 940, 954, 1674
--Pierce County; Sheriff's salary .................732, 834, 940, 954, 1675
--Blackshear, City of; Aldermen's
election ......
.
_
732, 834, 940, 954, 1675
--Cornelia, City Commission; election of
members from Ward #1 .... ....... 732, 835, 940, 954, 2086
--Cornelia, City of; City Manager's salary ....732, 835, 940, 954, 2086
--Cornelia, City of; Water and Sewer systems,
eminent domain ...______.....___--------_...----.733, 835, 940, 956, 2087
--Habersham County; City Court; Judge and
Solicitor; salary ------.----__------..------..733, 835, 940, 956, 1854
3180
HB 459
HB 460
HB 461
HB 462 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
--Cornelia, City of; Mayor and members of
Commission, salaries -___-....-____._....._.____..._733, 835, 941, 956, 2087
--Bibb County; Employees' pension plan,
age participation ..__......____...______-____.._.___733, 835, 941, 957, 1675
--Bibb County; Water and Sewerage
Authority, create ........____.-...__.__.._...______733, 836, 1075, 1151, 1675
--Municipalities; planning commission __...____.____734, 836, 1263, 1825
--Courts; interest on unliquidated damages _--.._----____----734, 836
--Larceny; punishment if amount
exceeds $50.00 ...._.___.......___....._._..._....____._734, 837, 1533, 1806, 2623
--Mitchell County; Superior Court
terms
_.
.___..-__.___.___.___. 735, 837, 941, 957, 1675
--Mitchell County; Sheriff's salary ____________735, 837, 941, 957, 1675
--Henry County; Board of Education, Chairman
and members' compensation _--__--__--.735, 837, 941, 957, 1675
--Tax Digest; property
valuation .____...,,.,,........_.__.736, 838, 1142, 1325, 1852, 2119, 2208
--Income tax; Armed Forces personnel _____.736, 838, 839, 1092, 2617
--Albany, City of; elections; designate
place for holding ..___......__-._.___.__.._.__..820, 930, 941, 1151, 1676
--Banks County; Ordinary's salary __......._.__,,..._,,.___._..._..820, 930
--Madison County; Board of Commissioners;
employment of personnel .__....______________.__820, 930, 941, 1151
--Banks County; Sheriff's salary _________._____820, 930, 941, 1152, 1676
--Banks County; Superior Court, Clerk's salary ..___....__.___820, 930
--Northeastern Judicial Circuit; Provide
two judges ........____..._.._-...._._..-___........820 ( 931, 1263, 2049, 2546
--Seminole County; Sheriff's salary ....._...821, 931, 941, 1152, 1673
--Colquitt, City of; Extend corporate
limits -....,,___...-____....__--...__---...__.---____.....821, 931, 941, 1152, 1673
--General Assembly; annual
salary ....__.....___...._._....___....._.....821, 931, 1264, 1503, 2267, 2326
--Agricultural Commodities Authority;
create .....__..-..___-..,,_._.._....-.,,---.__-_...,.821, 931, 939, 1224, 2617
--Courts; jurisdiction, non-residents .....___821, 931, 1367, 1612, 2617
--Sales tax; private schools __.___.__....-.._._-._.822, 932, 942, 1105, 2261
--Webster County; Board of Commissioners;
Clerk's salary __...._.__...___....___._._____.__........__822, 932, 941, 1153, 1854
--Chattahoochee County; Tax Commissioner's
salary ..____.. ..._____....____...___-..-__.__..-___.....,822, 932, 941, 1153, 1854
--Chattahoochee County; Sheriff's
salary _..._.___.__..___.._._____-______--._-_-822, 932, 941, 1153, 2094, 2118
--Webster County; Ordinary's salary ______..823, 932, 941, 1154, 1854
--Corporations; bonds, facsimile signatures _.._______.--___--___823, 932
--Traffic law offenders; waiver of indictment ___,_..___823, 933, 1264
--Department of Agriculture Registration, License
and Permit Act; legal process _________.823, 933, 1139, 1785, 2617
--Garden City; Mayor and Councilmen,
additional powers ___._.._.__.__.__-.823, 933, 941, 1154, 2095, 2105
--Clarke County; Sheriff's salary __._._...__..__.824, 933, 941, 1154, 1855
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 HB 519
INDEX
3181
--Clarke County; tax millage for educational
purposes ___________________________________.._.___.824, 933, 941, 1155, 1681, 1903
--Athens, City of; Deputy Registrars,
appoint ____________________________________________________ 824, 933, 941, 1155, 1855
--Clarke County; Treasurer's salary _________ 824, 934, 941, 1155, 1855
--Richmond County; Law Libraries;
provide assistant ____._______________________824, 934, 938, 1266, 1275, 1676
--Motor vehicles; use of blue, alternately
flashing lights _______.______..______________._.._._._.825, 934, 1267, 1510, 2617
--State Highway Department; negotiations
with municipalities ____________________________________ _.________________________825, 934
--Cobb County; Business licenses __,,.____._____ 825, 935, 941, 1156, 2087
--University of Georgia; admission tickets ............__.___826, 935, 1267
--Webster County; Sheriff, provide certain
equipment _______________________.___.______________________826, 935, 941, 1156, 2084
--Department of Labor; Employment
Security Agency _______.._______________......._._826, 935, 1365, 1783, 2261
--Richmond County; Board of Education,
Members' salary ___._.__.._.___..,,._________________ 826, 935, 941, 1157, 1676
--Macon, City of; City Court of Macon, name changed to
"State Court of Bibb County" .___....__.._826, 936, 941, 1157, 1676
--Bibb County; City Court of Macon; establish
court probation office _________________ 827, 936, 941, 1157, 1681, 1934
--Swainsboro, City of; Voters qualifications
and registration ............._._____..._______....____827, 936, 941, 1158, 1676
--Pulaski County; Ordinary's fees for custodian
of vital statistics ___________.__________________...___827, 936, 941, 1158, 1676
--Pulaski County; Superior Court Clerk's allowance for
assisting Tax Assessor __________.._..______._.____828, 937, 941, 1158, 1676
--Oakwood, City of; New charter ______828, 937, 941, 1159, 1682, 1901
--State employees; Long Term Disability
Insurance Plan __._____,,____.___.____.....________________..,,____... 828, 937, 1076
--Water Resources and Planning Act;
create ......_..___.....____.____________________..______________828, 937, 1142, 1645, 1816
--Cherokee County; Board of Comissioners;
salary .................._......_...._._.__............_....918, 1061, 1139, 1192, 2087
--Ployd County; Board of Commissioners,
annual audit ....................__..._... ....___... .919, 1061, 1139, 1192, 1677
--Floyd County; Board of Education,
annual audit _
. ,,__._.____________ 919, 1061, 1139, 1192, 1677
--Floyd County; Hospital Authorities,
annual audit __________________________________________919, 1061, 1139, 1193, 2098
--Floyd County; Comptroller's salary ____..919, 1062, 1139, 1193, 1677
--Floyd County; Board of Commissioners; operate
under budget ........._........_.._._................919, 1062, 1139, 1193, 1677
--Cherokee County;Certain officials'
salaries ______________
.. 919, 1062, 1139, 1194, 2087
--Lanier County; Sheriff's salary _...___.__920, 1062, 1140, 1194, 1677
--Glascock County; Sheriff's salary ._______920, 1062, 1140, 1195, 1677
--Superior Court Clerks; retirement
benefits _________________ __________._________.._______920, 1063, 1139, 1624, 2617
3182
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
HB 546
HB 547
HB 548
HB 549
INDEX
--Dublin, City of; City Court; judge and
solicitor, salary __...... 920, 1063, 1265, 1275, 2087
--Savannah District Authority; Terms
of members ....... 921, 1063, 1140, 1195, 2087
--Insurance Code of 1960; rate filings ......_.....-921, 1063, 1366
--Smyrna, City of; Increase corporate
limits ._-.____....______._____________.___._..._......,_.__.921, 1063, 1140, 1195, 1855
--Navigable streams; fishing rights .,____________._.921, 1063, 1531, 1765
--Marietta, City of; Change corporate
limits ....___-......_._.._ ..921, 1064, 1140, 1196, 1852, 1904, 2083, 2096,
2206, 2273
--DeKalb County; County Board of Education, election
of district members .......... 922, 1064, 1140, 1196, 1855
--Burial caskets and vaults; sales at retail ............________....922, 1064
--Luthersville, Town of; Increase corporate
limits ._....__.__.._._.-........._.._..__..___.__........__. 922, 1064, 1140, 1200, 1677
--DeKalb County; tax payments; penalty on
delinquent installments __.___.__-__......_.922, 1064, 1140, 1200, 1855
--State Game and Pish Commission;
employees' uniforms _._-.._..._....________.923, 1065, 1531, 2045, 2618
--Taxicabs; degree of care by operator ._...._..________..__..__.__. 923, 1065
--Charitable organizations; immunity ________________________________.923, 1065
--Doctors, nurses, etc.; collection of claims ._..._.____--._..... 924, 1065
--Hotels, inns; posting of laws ..-._-_........__...-.....____....._-.___....924, 1066
--Clayton County; Board of Commissioners,
Bond requirement __._._...__,,._ 924, 1066, 1140, 1201, 1677
--Clayton County; Depositories for
County funds ....____________.........-__....___.___ 924, 1066, 1140, 1201, 1678
--Cordele Judicial Circuit; Solicitor
General's salary __________.________________._.___925, 1066, 1263, 1497, 1855
--School superintendent's office; personnel ___.......--_--...... 925, 1066
--State Superintendent of Schools; qualifications ____..-925, 1067, 1366
--Clarke County; Board of Education, increase
membership ____......_.925, 1067, 1140, 1201, 1855, 1983, 1983, 2098
--Richmond County; law enforcement
officers
____.. 926, 1067, 1263, 1585, 2254
--Chatham County; Apportionment of membership in House
of Representatives; method ..... 929, 1067, 1265, 1341, 1554, 1686
--Fiscal Affairs Sub-committee; create .............-_.....___.___.... 926, 1067
--Child welfare agencies; licensing and
inspection ....___..__.._...........___.__.__............._..______-........_..926, 1068, 1534
--Rome, City of; Board of Education;
election of members _______________.____.____926, 1068, 1140, 1202, 1678
--Rome, City of; City Commissioners;
qualifications .__.____.......________.__....._____.926, 1068, 1140, 1202, 1678
--Rome, City of; Divide into Wards for
election purposes __........._.___._---_.._._ 926, 1068, 1140, 1202, 1678
--Rome, City of; Relating to number
of Wards ___...._______._....._...______..-..-_..___.927, 1068, 1140, 1203, 1678
--Rome, City of; Relating to indebtedness
due City
....927, 1068, 1140, 1203, 1678
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
HB 572
HB 573
HB 574
HB 575
HB 576
HB 577
HB 578
HB 579 HB 580
INDEX
3183
--Rome, City of; Elections, primary or
nomination petitions _,,_--_._ 927, 1068, 1140, 1203, 1678
--Family Planning Services; provide _____ 927, 939, 1069, 1298, 2618
--Richmond County; Sheriff's office,
employees' salary ._.________.__._____ 927, 1069, 1140, 1204, 1682, 2107
--State Board of Osteopathic Examinations;
qualifications _------_.------------ 929, 1069, 1531, 1777, 2618
--Alcoholic beverages; stamps and retail licenses _____929, 1069, 1143
--Counties; purchase of real estate --._----_.__----.._--------928, 1069
--Cobb County; Deputy Sheriff's
salary ___________________
..... 928, 1070, 1140, 1204, 1856
--Orphanages, sanitariums; inspection ._. 928, 1070, 1139, 1761, 2618
--Hotelkeepers on beaches; lifeboats ___ 1055, 1133, 1263, 1634, 2618
--Weapons; felonies
_..
... 1055, 1133
--Georgia Biological Permit Act;
enact
_. _
_ 1055, 1133, 1263, 1645, 1814, 2618
--Driving under influence alcohol or drugs;
chemical analysis ------,,.--_____,,------ 1055, 1133, 1267, 1626
--Clayton Judicial Circuit; Court Reporter's
salary ______________________________________________ 1055, 1133, 1140, 1272, 1678
--Illegitimate child; father's responsibility _--____.____1055, 1134, 1267
--Statewide Probation Act; adult probation systems ______1056, 1134
--Georgia Prison Industries Administration;
motor vehicles _-._---------------__ 1056, 1134, 1142
--State Board of Corrections;
Director's salary _______________.._--------.1056, 1134, 1262, 1810, 2261
--Sales tax; increase from 3 to 4% _______.--------_.___..------.1056, 1134
--Atlanta, City of; slum clearance _______1056, 1134, 1996, 2008, 2254
--Joint Municipal Employees' Retirement
System; benefits _______________ ___1057, 1134, 1263, 1604, 2434, 2452
--Monroe County; Sheriff's
salary ...... ._.______... ___________ 1057, 1135, 1140, 1272, 1986, 2103
--College Park, City of; Mayor and Council,
election ___________ ..._......._------...__. 1057, 1135, 1140, 1272, 2255
--Superior Courts; Solicitors-General's
salary ___________________ ___________________ 1059, 1136, 1139, 1337, 2618
--Harris County; Sheriff's Deputies;
salary _____.._.._ ___________________________________ 1059, 1136, 1140, 1273, 1679
--Harris County; Tax Commissioner's
salary _______...,,_______________._..__.. _________ 1059, 1136, 1140, 1273, 1679
--Talbot County; Tax Commissioner's
salary _____..._...._.-______________.__________..__----1059, 1136, 1140, 1273, 1679
--Talbot County; Board of Commissioners
salary -___------------------------_----_1059, 1137, 1140, 1274, 1679
--Talbot County; Sheriff's salary and expense
allowance
. --------------------1059, 1137, 1140, 1274, 1679
--Barrow County; Board of Education; provide for
members _________________________1060, 1137, 1140, 1274, 1987, 2101
--Hospital Authorities; county tax levy --.-.1060, 1137, 1263, 1500
--Douglas County; Employees'
retirement __------------__._------__.._..1120, 1245, 1265, 1369, 1856
3184
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 HB 602 HB 603 HB 604 HB 605 HB 606 HB 607 HB 608
INDEX
--Douglas-Douglas County Development
Authority; create .__..__.___..-___.___._.......1120, 1245, 1265, 1369, 1856
--Douglas County; Superior Court,
Clerk's salary ________._________.._____._______.1120, 1245, 1265, 1370, 1856
--Catoosa County; Superior Court, Clerk and Ordinary;
allowance for clerical help ___........._._.1121, 1245, 1265, 1370, 2088
--Catoosa County; Tax Commissioner, Clerical
assistance allowance ..._....-_____.___.___.1121, 1246, 1265, 1370, 2088
--Catoosa County; Board of Commissioners, clerical
assistant's salary ___._.... .--._..__..___.....1121, 1246, 1265, 1371, 2088
--Lamar County; Superior Court, time for
holding court ___.____........_.........__..._.....1121, 1246, 1265, 1371, 1856
--Milner, Town of; Mayor and Council,
terms _______.______________._.___......_.______________.1121, 1246, 1265, 1371, 2088
--Glynn County; Business licenses ....__.1121, 1246, 1367, 1372, 1856
--McDuffie County; Sheriff's allowance for
deputies ___.._.......__.___.___.._..........__..___.___.1121, 1246, 1265, 1372, 1856
--Insurance companies; municipal licenses __.___________1121, 1246, 1864
--Outdoor advertising; control and maintenance ___._--_____1122, 1247
--Perry, City of; Councilmen's
salary
._ _ ^ _
1122, 1247, 1265, 1372, 1856
--Houston County; Coroner's salary _____1122, 1247, 1265, 1373, 1857
--Miller County; Board of Commissioners;
salary ......_...__-_...._....____..__-__...__....-.......1122, 1247, 1265, 1373, 1857
--Augusta, City of; Mayor and Council,
election .____._______.___.______.._____.-.______.__________________1122, 1247, 1266, 1373
--Coweta County; Civil and Criminal Court; name changed
from City Court of Newnan .......____.1122, 1247, 1265, 1374, 2088
--Atlanta, City of; Police Department; pension,
fractional parts of years _._____._______1123, 1248, 1367, 1374, 2255
--Atlanta, City of; Fire Department; pension,
fractional part of years _______._______1123, 1248, 1367, 1374, 2255
--Tift County; Tax Commissioner; disposition of
certain fees ,, _ __.___..... 1123, 1248, 1265, 1375, 1857
--Tift County; Superior Court Clerk; disposition of
certain fees _._-.______.___.__._.______.__-_.____.1123, 1248, 1265, 1375, 1857
--Law enforcement officers; immunity for
persons assisting .......____.____......________.__...._..1124, 1248, 1264, 1763
--Law enforcement officers; immunity for
persons assisting ......_______........_______............___1124, 1249, 1264, 1768
--Stone Mountain Judicial Circuit; Assistants to
Solicitor, appointment ~~--___-1124, 1249, 1264, 1485, 2266, 2301
--Ashburn, City of; elections; number positions
on Council ____._..................-_.-_..__....-.___1124, 1249, 1265, 1375, 1857
--Irwin County; Board of Commissioners,
Clerk's salary ......_____....____..__-__.__._..1124, 1249, 1265, 1376, 1857
--Irwin County; Sheriff's salary __~-1125, 1249, 1265, 1376, 1857
--Ashburn, City of; extend corporate
limits ______....__-_-......-_._--_____.._.-..1125, 1250, 1265, 1376, 1857
--Wrightsville, City of; City Court;
Solicitor's salary .....__..__._....__.___.........1125, 1250, 1265, 1377, 2088
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
HB 631
HB 632 HB 633
HB 634 HB 635
HB 636
INDEX
3185
--Washington County; City Court; Judge and
Solicitor; salaries _..___..._________________.___1125, 1250, 1265, 1377, 2088
--Wadley, City of; Mayor and Councilmen,
election .
..
_______________ 1125, 1250, 1285, 1377, 1858
--Butts County; Board of Commissioners,
salary ___________________________________ 1125, 1250, 1265, 1378, 1858
--Butts County; Ordinary's allowance for clerical
assistance .__...._.. ___.__.__. _ _______._____..___.1126, 1250, 1265, 1378, 1858
--Butts County; Sheriff's salary __________ 1126, 1251, 1265, 1378, 1858
--Butts County; Tax Collector; allowance for
clerical assistance ______________________________ 1126, 1251, 1265, 1379
--Jackson, City of; Annexation of certain
territory ________ _______ __________________ 1126, 1251, 1265, 1379, 1858
--Pepperton, Town of; repeal act
incorporating ___.._.________________...._._. 1126, 1251, 1266, 1379, 1858
--Stone Mountain Judicial Circuit; Official Court
Reporter; salary .......,.....___.._._1126, 1251, 1266, 1380, 2265, 2304
--Chatham County; Board of Health, appointment
of members
_ 1126, 1251, 1266, 1707, 2084
--Dooly County; Coroner's salary......_____1127, 1251, 1368, 1380, 2088
--Albany, City of; Albany-Dougherty Hospital Authority;
filling of vacancies _._________....._.-___.._____ 1127, 1252, 1266, 1380, 2089
--Dalton, City of; Annexation of certain
territory _____________...._..________......--.___..._1127, 1252, 1266, 1381, 2089
--Counties; inventory and sale of public
property .
.
._.._____ 1127, 1252, 1554, 1865, 1867, 2255
--Whitfield County; Insurance for regular
punishment, imposed ___-________.____._..._.1127, 1252, 1266, 1381, 2089
--Dalton, City of; City Courts, fines and
employees ____..____________.________..._.. ____..1127, 1252, 1265, 1381, 2089
--Austell, Town of; Increase corporate
limits __________ .____.-_-.__________-_-.-._-.-.--___.1128, 1253, 1266, 1382, 1858
--Motor vehicles; abandonment .._-_______.,,__..___________ ...1128, 1253, 1531
--Lincoln County; Board of Commissioners; Ordinary
to serve as Clerk __. _________.._.___._._________1128, 1253, 1266, 1382, 1859
--Crawfordville, City of; Elections; time polls
shall be open _________._....__________..__ _____._1128, 1253, 1266, 1382, 1859
--Taliaferro County; Sheriff's salary ____1128, 1253, 1266, 1383, 1859
--Haralson County; Tax Commissioner; provide for
clerical assistants ________..._____._____. ...___1128, 1253, 1266, 1383, 1859
--Blue Ridge Judicial Circuit; Judge's allowance for
clerical personnel ..______...____________.____ 1128, 1253, 1264, 1468, 1859
--Clay County; Sheriff's salary ._______.___1060, 1137, 1266, 1275, 1673
--Baker County; Sheriff's
salary _ _
1060, 1137, 1266, 1276, 2265, 2335, 2335
--Calhoun County; Sheriff's salary ________1061, 1138, 1266, 1276, 1673
--Baker County; Board of Commissioners,
members; compensation ____..._..__.______.1061, 1138, 1266, 1276, 1673
--Arlington, City of; Elections; hours
polls shall be open ...________.__._.__._...____1061, 1138, 1266, 1277, 1673
3186
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
HB 661
HB 662 HB 663 HB 664
HB 665
HB 666
INDEX
--Fulton County; Judges Emeritus; office space and
secretarial assistance _____________________ 1129, 1254, 1268, 1387, 2255
--Railroads; standard signs ______..___...______________________________________1129, 1254
--Jesup, City of; City Court, terms --..1129, 1254, 1266, 1383, 1859
--Jesup, City of; City Manager and Recorder;
salary ._.________.__..___..________.___________.__.___..1129, 1254, 1266, 1384, 1859
--Cobb County; Civil and Criminal Court,
additional judge __._...__
1129, 1254, 1266, 1384, 1860
--Georgia Administrative Procedure Act;
amend ....________...______.__...._.__.______._____.__1130, 1254, 1264, 1787, 2619
--Jasper County; Treasurer's salary _._.1130, 1255, 1266, 1384, 1860
--Floyd County; City Court; salary of Assistant
Solicitor and secretary __._.___________._..1130, 1255, 1266, 1385, 1860
--Rome Judicial Circuit; Assistant Solicitor and
Clerk-Typist, salary ___._...___.______._._1130, 1255, 1264, 1387, 1860
--Legal advertisements; signature required ............1130, 1255, 1264
--Domestic stock and mutual insurers;
subscriptions ______._._._......._...._.______.__...1130, 1255, 1530, 1811, 2619
--Gainesville, City of; Employees' Retirement System;
certain changes _____..._......_-._________-_... 1130, 1255, 1266, 1385, 2084
--Thomson, Town of; Increase corporate
limits __._____,,
1131, 1255, 1266, 1385, 1860
--Augusta, City of; Law enforcement officers' fees
for court testimony ......_.___..._.__-..1131, 1256, 1266, 1385, 2084
--Department of Veterans Service;
grants ._...._._______.____..._.________________.__...__1131, 1138, 1256, 1802, 2619
--Periodicals; subscriptions .__,,_--__._......__............_--...........HSl, 1256
--State employees; private air
transportation ________.___.___._______.__.._____________1131, 1256, 1264, 1487
--Waycross, City of; City Clerk's
appointments ..___.____________-.._..._.-.._..-___-1132, 1257, 1266, 1386, 1860
--Waycross, City of; Park, Tree and zoning commission;
create ___-_....-._..________________.______.___1132, 1257, 1266, 1386, 1860
--Waycross, City of; municipal elections,
change date __.__._._.._._..____....._._._.__._...1132, 1257, 1266, 1386, 1860
--Women; equal pay_.._-_.__.1132, 1257, 1341, 1368, 1780, 2096, 2279
--Banks County; Materials purchased through
Purchasing Agents ._._._____-._._________.1237, 1353, 1865, 1872, 2255
--Teachers; legally recognized profession ......1237, 1353, 1365, 1796
--Americus, City of; City Court; Judge and
Solicitor; salary ___________________________.__1237, 1354, 1368, 1585, 1861
--Americus, City of; Employees' retirement,
maximum monthly benefits _....__...1237, 1354, 1368, 1586, 1861
--Americus, City of; Business tax _...___1237, 1354, 1368, 1586, 1861
--Sumter County; Ordinary's salary ....1238, 1354, 1368, 1587, 1863
--General Appropriations Act; Game and Fish
Commission ____.___.._............_..._1132, 1260, 1261, 1609, 2266, 2275
--Augusta, City of; Annexation of certain territory;
effective date .______._.-_..____.._________...1238, 1354, 1368, 1587, 2084
--Buck Head, City of; Legal title of Baptist Church; Hepzibah
Baptist Association .....___.__.___._--..1238, 1354, 1367, 1587, 1866
HB 667 HB 668 HB 669 HB 670 HB 671 HB 672 HB 673 HB 674 HB 675 HB 676 HB 677 HB 678 HB 679 HB 680 HB 681 HB 682 HB 683 HB 684 HB 685 HB 686 HB 687 HB 688 HB 689 HB 690 HB 691
HB 692 HB 693 HB 694
INDEX
3187
--Webster County; Treasurer's
salary ..___...______..______._..______________________.1238, 1354, 1368, 1588, 1866
--Thomas County; fire protection district Number 2; include
additional land lots
_ ._ 1238, 1355, 1533, 1588, 2089
--Tattnall County; City Court; Solicitor's
salary ...___.___..___..__________.___..____.______...____.__._...1239, 1355, 1368, 1588
--Tattnall County; Superior Court,
Clerk's salary __......________.____...__._._..___._______.___. 1239, 1355, 1368, 1589
--Georgia Art Commission; performing
arts
...
1239, 1355, 1689, 1912, 2619
--Cobb County; Board of Fire Commissioners; create in
each fire prevention district ......... 1239, 1355, 1368, 1589, 2256
--DeKalb County; Local Government
Commission; establish ___.___._--_____..________._..____...______--_..---1239, 1355
--Container grown products; define .__._______._________.._.. 1239, 1355, 1530
--Statesboro, City of; Mayor and Council,
terms ____....._._..._._.._...._._.__.__._____-__._._.1240, 1355, 1368, 1589, 1866
--Randolph County; Deputy Sheriff's
salary ___.______.____________._-_._____._._.__........1240, 1356, 1368, 1590, 2089
--Attorney General; reimbursement for
expenses _________________________________________ 1240, 1356, 1366, 1794, 2619
--Appling County; Board of Commissioners,
election ..........___________________..___._.._.....1240, 1356, 1368, 1590, 1866
--Baxley, City of; Levy of tax, bonded
indebtedness _._.______. 1240, 1356, 1368, 1590, 1985, 2100
--Portal, Town of; Date of municipal
elections ....__.........___...__.___.._._...._......_._. 1241, 1357, 1368, 1591, 1862
--Firemen; maximum hours of work allowable ....... 1241, 1357, 1532
--Court's jurisdiction; non-domiciliary __.___............_......_.__..__. 1242, 1357
--Public Service Commission; weapons .._._......._._.__-1242, 1357, 1367
--Chattahoochee Judicial Circuit; Supplement paid by
Muscogee County ______..___....._...._._.._._.. 1242, 1358, 1368, 1591, 2084
--Jeff Davis County; Tax Commissioner's
salary ....... ....___..____._..-....._..--1242, 1358, 1368, 1591, 1987, 2331
--Jeff Davis County; Sheriff's salary ----.....1242, 1358, 1368, 1592
--Powder Springs, City of; Voters'
qualifications ..__.___________._______..__...__... 1243, 1358, 1368, 1592, 1862
--Spalding County; Tax Commissioner's
salary ___................_____.____.__.__..__....._.....1243, 1358, 1368, 1592, 2089
--Spalding County; Superior Court,
Clerk's salary _________________._..........._.___.1243, 1358, 1368, 1593, 2089
--Spalding County; Coroner's salary ___.1243, 1358, 1368, 1593, 2090
--General Appropriations Act; Governor's
Emergency Fund; State Board of
Corrections ____... ._._._._..._.._.._. _...._..__... 1133, 1261, 1261, 1606, 2261
--Moultrie, City of; extend corporate
limits ....__..._._..._...... ..__-._--._-_---...__.1243, 1358, 1367, 1595, 2091
--General Appropriations Act; Department of
Public Health ... _...._...._____.___..__._.._.__........_____._. .....___.___.____1243, 1359
--DeKalb County; Board of Commissioners;
salary _._......__.___.._...........____..____....1244, 1359, 1368, 1593, 2265, 2302
3188
HB 695 HB 696
HB 697 HB 698
HB 699 HB 700 HB 701 HB 702 HB 703
HB 704 HB 705
HB 706 HB 707
HB 708 HB 709 HB 710 HB 711 HB 712
HB 713 HB 714 HB 715
HB 716
HB 717
HB 718
HB 719
HB 720 HB 721
HB 722 HB 723
INDEX
--Landowners; property damage by livestock _____..____________1244, 1359 --Lawrenceville, City of; annexation of
territory _......________________._____________________.1244, 1359, 1368, 1594, 2090 --Lawrenceville, City of; Ordinance prohibiting
billiard rooms, etc. __________________________ 1244, 1359, 1368, 1594, 2092 --Floyd County; Floyd School District;
create ______--_____._.___.________._._____.__.....___.__.1244, 1359, 1367, 1594, 1862 --Minimum Foundation Program of Education Act;
grants and scholarships _______.__._________......... 1344, 1522 --Spalding County; Board of Commissioners;
Chairman's salary ..___._.______.__...______.1345, 1522, 1533, 1698, 2092 --Contractors; safeguards for workmen .._._______________________.1345, 1522 --Municipalities; traffic law violations; cash bonds ........1345, 1522 --Ocilla, City of; Mayor and Council,
election ........_.__...______..... _________________ 1346, 1523, 1533, 1709, 2092 --Vidalia, City of; change corporate limits ....1346, 1523, 1699, 2090 --Clayton County; Board of Commissioners;
Vice-Chairman's duties ____________.-__-_1346, 1523, 1533, 1699, 2090 --Smyrna, City of; increase corporate
limits ............_.______....________.____________.._____1346, 1523, 1533, 1699, 2090 --Clayton County; Water Authority, right of
eminent domain ____.__.._.....___......._______1346, 1523, 1533, 1700, 2090 --Chamblee, City of; tax date due _____.____1346, 1523, 1533, 1700, 2254 --Fulton County; Superior Court Judges
Emeritus; method of payment ________1347, 1533, 1690, 1868, 2256 --Lumber City; elections; hours polls shall remain
open __.-__..........___________________...._.__..._1347, 1524, 1533, 1707, 2090 --Riceboro, City of; municipal elections, change
date ________...._........-__________..___________.....____1347, 1524, 1533, 1700, 2085 --Alcoholic beverages; Revenue Tax Act; legalize sale
certain counties, municipalities __._1347, 1524, 1533, 1701, 2265, 2290
--Geneva, Town of; new charter ____.__.._...____........1348, 1524, 1701, 2090 --Sales tax; kerosene _________.._____.........._____________________....___.___..1348, 1524 --Sales tax; sale or transfer of property;
corporations ........_.._________._____........._________________________________1348, 1525 --State Employees' Retirement System; credits
after 65 -_...-_._.-.-.......-.-...-._....___.....-.-.-___.______________.__._____1348, 1525 --Augusta, City of; Employee pension benefits
to spouse __________....____________________________1348, 1525, 1686, 1710, 2085 --Augusta, City of; Employees' retirement;
alternative form of allowance __..____1348, 1525, 1686, 1713, 2085 --Augusta, City of; Employees' pensions ........1349, 1525, 1686, 1717,
2085 --Norcross, City of; Mayor's salary ____.__.1350, 1526, 1533, 1701, 2085 --Gwinnett County; Board of Commissioners,
salary ..._._........_..._._______.__._________._.___....1360, 1526, 1533, 1702, 2085 --Bartow County; Ordinary's salary ____1515, 1660, 1686, 1878, 2256 --Dublin, City of; Maximum tax millage
increase _._._...._________.__.__.__________._.____.__.1515, 1660, 1686, 1868, 2256
HB 724 HB 725 HB 726 HB 727 HB 728 HB 729 HB 730 HB 731 HB 732 HB 733 HB 734 HB 735 HB 736 HB 737 HB 738 HB 739
HB 740 HB 741 HB 742 HB 743 HB 744 HB 745 HB 746 HB 747 HB 748
HB 749
INDEX
3189
--Teachers' Retirement System; retirement
allowance ___.________-_-______-_.-.-.--.--._-..--..--.--.--.______--...________1515, 1660
--College Park, City of; Extend corporate
limits _...___._.,, __--__..-----_-_______._._..._____._______.____1515, 1660
--Morgan County; Certain officials'
salaries ,, ________._._____._____._________________.__...1516, 1661, 1686, 1868, 2256
--Supervisor of Purchases; contracts ___._______________________________1516, 1661
--Apartment Ownership Act; recording of value ______.....__1516, 1661
--Uniform Commercial Code; security interest on
collateral __.__._______________________________________________________--________1516, 1661
--State Toll Bridge Authority Act;
amend ____________.__..._..._........._......_....-_.-...-....._.__.........1516, 1661, 1991
--Atlanta, City of; Retirement rights of reemployed
employees .__-__.,,._..___.. 1516, 1661, 1686, 1869, 2263
--Dalton, City of; pension for certain officers, firemen,
employees, etc. ___.._.............___....1517, 1661, 1686, 1869, 2262, 2311
--DeKalb County; Bond issue advertisement _______.______________1517, 1662
--Dallas, City of; Recorder's Court;
establish
_ _ _..........1350, 1527, 1686, 1702, 2094, 2104
--Paulding County; Tax Commissioner's
salary __._________________.____._._._..__________._._._.__1350, 1527, 1686, 1702, 2091
--Wayne County; Ordinary's
salary ________.__________.______..........-..._-...__.._.1351, 1528, 1686, 1703, 2091
--Wayne County; Tax Commissioner's
salary _.___...___.__.__________-___.________-_______.-1351, 1528, 1686, 1703, 2091
--Jesup, City of; extend corporate limits ........1351, 1528, 1686, 1703,
2091 --Richmond County; Superior Court Judge; salary of
Executive Secretary and Calendar Clerk ______ 1351, 1528, 1686,
1704, 2085
--Richmond County; Certain employees' maximum
salary ......_.________.___............__.......__._......1351, 1528, 1686, 1704, 2085
--Richmond County; City Court; Stenographer-clerks,
salary ....________________..___.______________,,__._ 1351, 1528, 1686, 1704, 2086
--Richmond County; City Court; Judges' Secretary,
salary ............____________..........-__.1352, 1528, 1687, 1705, 2096, 2105
--Richmond County; City Court; Clerk's
salary ...........____________.____.__.............._.......1352, 1529, 1687, 1705, 2086
--Richmond County; City Court; Assistant Solicitor's
salary .............._.....___________._-..-............1352, 1529, 1687, 1705, 2086
--Richmond County; Building Inspector, establish
office ................_____._.____..................1352, 1529, 1687, 1706, 2094, 2106
--Brunswick Judicial Circuit; Assistant Official
Court Reporter; provide for ____________1517, 1662, 1687, 1869, 2256
--Alcoholic beverages; minors __,,.____________.___________________ 1518, 1662, 1690
--Cobb County; Law Libraries, maximum fund
authorized to be collected from court cases __________________........ _________________________1518, 1662, 1687, 1870, 2256
--Cobb County; Tax Commissioner and Chief Clerk;
salary ....______ .......___._________________.___________1518, 1663, 1686, 1878, 2263
3190 HB 750 HB 751 HB 752
HB 753 HB 754 HB 755 HB 756 HB 757 HB 758 HB 759 HB 760 HB 761 HB 762 HB 763 HB 764 HB 765 HB 766 HB 767 HB 768 HB 769 HB 770 HB 771 HR 772 HB 773 HB 774
INDEX
--Cobb Judicial Circuit; Compensation of Judge
received from Cobb County ___________ ____1518, 1663, 1687, 1870, 2263
--Cobb County; Certain officials'
compensation _.......________.._......______......__.1518, 1663, 1687, 1870, 2263
--Atlanta-Fulton County; Atlanta Stadium;
employment of minors __.........____..._1518, 1663, 1667, 1689, 2043,
2273, 2449
--Georgia Public Service Commission; common carrier
corporations ........._._..__._...___ _ _..._...._..___.__...__..._.........1519, 1663
--Richmond County; Board of Commissioners, Pension
Fund, optional benefits ........._......._...__.____.......1352, 1529, 1865, 1875
--Bacon County; Board of Commissioners,
Chairman's salary _ _... . 1353, 1529, 1687, 1706, 2091, 2263
--Bacon County; Alma, City of; Joint Planning
Commission _______.._______.,,__________,_.__. 1353, 1529, 1687, 1706, 2086
--Denton, City of; New charter ___________ 1353, 1530, 1687, 1707, 2086
--Alcoholic beverages, malt beverages; amount
in public place ___,,____________._ .___________._.___..___________1519, 1663, 1867
--DeKalb County; Merit System Council, increase
membership _______ __________________ 1519, 1663, 1866, 1998, 2266, 2304
--Ware County; Tax Collector, certain
commissions __________________ .__,,._.._______ 1519, 1664, 1687, 1871, 2263
--Ware County; Publication of receipts and
expenditures, procedure ___...____. 1519, 1664, 1687, 1871, 2257
--Cobb County; Treasurer's
compensation _____._..__________,,._.__ ..._________1520,1664, 1687, 1871, 2257
--Harris County; Small Claims Court,
create ______ ... .._______________,,..,,_.__._._____!520, 1665, 1865, 1872, 2257
--Colquitt County; Board of Commissioners,
retirement for certain personnel _______,,.,,.._,,_,,_______....1521, 1665
--Rockmart, Town of;.Mayor and Councilmen,
election _______ .,,.____.. ..___.____________._.._______1521, 1665, 1865, 1872, 2257
--Jefferson, City of; Annexation of
territory
.
1521, 1665, 1991, 2004, 2265, 2330
--State Game and Fish Commission; motor
vehicles ___.____.... .......____....___________.__.....-.-....__.____..._____-._..___1521, 1665
--DeKalb County; Certain officials'
salaries _______________,,._____.____________.________. 1655, 1843, 1865, 1998, 2257
--Fulton County; Atlanta, City of; Recreation
Authority, amend .. ____________ 1656, 1843, 1866, 2012, 2096, 2619
--Hall County; Board of Commissioners, provide for
membership and districts ________________1656, 1843, 1866, 1999, 2257
--White County; Ordinary's salary ________________1656, 1843, 1866, 1999,
2257
--Colquitt County; Board of Commissioners,
retirement for certain personnel _._._________.._1656, 1843, 1866, 2005
--Bremen, City of; extend corporate limits _._______-1657, 1844, 1866,
1999, 2257
--Warner Robins, City of; City Court; criminal
cases, procedure ________________............____1657, 1844, 1866, 2000, 2258
HB 775 HB 776 HB 777 HB 778 HB 779 HB 780 HB 781 HB 782 HB 783 HB 784 HB 785 HB 786 HB 787 HB 788 HB 789 HB 790
INDEX
3191
--Walton County; Certain officials' salaries ._......._.............._.______.___.________1657, 1844, 1865, 2000, 2258
--Walton County; Tax Commissioner's salary ____._..__......_........._______._..-_.___..__1657, 1844, 1865, 2000, 2258
--Attorney's fees; collection _-......__..._......._._..._____.___.1657, 1844, 1990 --Waynesboro, City of; City Court,
terms _______.____..-.....-....._._..-____________-_....1657, 1844, 1865, 2001, 2258 --Hall County; Certain officials' salaries ___...-...__.1658, 1844, 1865,
2001, 2258 --Hall County; Tax Commissioner's
salary _.______________.____________.____.___________.1658, 1845, 1866, 2001, 2258 --Sycamore, City of; extend corporate
limits __.____________.____________-__---______.1658, 1845, 1865, 2002, 2258 --Irwin County; Tax Commissioner, create
office ________,,_________..________________1658, 1845, 1865, 2002, 2258 --Einggold, City of; Board of Utility Commissioners,
create ........-..,,_-___-___._-_..--..---...__ 1658, 1845, 1865, 2002, 2259 --Athens, City of; Adopt building and housing
codes ..__....___.-.-.-.......................__.__.___.1658, 1845, 1865, 2003, 2259 --Columbus, City of; Municipal Court, Marshal's
salary ___.___............._...__.____....___.._.__._1659, 1845, 1865, 2003, 2259 --Revenue Bond Law; date of maturity .....__________..-__-_._.1659, 1845 --Warner Robins, City of; Civil Service Board,
establish ..__________.___............-.........__..1659, 1846, 1865, 2003, 2259 --Centerville, City of; Mayor and Councilman,
election ...._..__.________-___-.-......__.._.........1659, 1846, 1865, 2004, 2259 --Valdosta, City of; City Court, Solicitor's
salary __...........__-.__________-_-_.._-___......1659, 1846, 1865, 2006, 2259 --Georgia Breeder's Award; establish ____._..,,__,,_ _.__.._______.__2214
3192
INDEX
Part III
NUMERICAL TABULATION
HOUSE RESOLUTIONS
HE 1 --House of Representatives; notify Senate House has convened --.------------------___----------------12
HR 2 --General Assembly; notify Governor that General Assembly has convened ____----_._______.__----13, 48
HR 3 --House of Representatives; attaches _._--_____--___.__..--.----.13 HR 4 --House of Representatives; adopt Rules of House ..----_____-14 HR 5 --General Assembly; joint session to hear
address by Governor ----------____--______----___----_----15, 49, 54 HR 6 --House of Representatives; members' compensation --___----15 HR 7 --Bond, Julian, Representative-Elect; special
committee relative to seating .__--------------42, 43, 44, 44, 45 HR 8 --Snow, Wayne T.; congratulate ____,,------_...___..._______----._43 HR 9-13 --Genone, Ernest, Jr.; release from all
fi. fas. ----.--_----_--_--------------------51, 82, 325, 358, 2261 HR 10-13 --Smith, Ed Lonzo; compensate ------51, 82, 1075, 1213, 2271, 2307 HR 11-13 --McGraw, Gordon J., Jr.; compensate ------61, 82, 482, 639, 1978 HR 12-13 --Knight, Mrs. Marjorie K., compensate ._..__.52, 82, 665, 786, 1978 HR 13-13 --Parker-White Motors; compensate .------.52, 82, 1075, 1213, 1978 HR 14 --Viet Nam; support U. S. Government policy ------------53, 101 HR 15 --Armed forces; priorities --------______--,,.----------__--54, 101 HR 16 --General Assembly; joint session to hear address by
Senator Richard B. Russell and Senator Herman E. Talmadge ------------------------------83, 122, 137 HR 17 --House of Representatives; office space for Minority Leader ------------------------_----_------__----------85 HR 18 --Towler, Carl; commend _----_------------___------------______102 HR 19 --Bond, Julian, Representative-Elect; committee report relative to seating adopted _----______----____----------45, 47 HR 20-44 --Revenue bonds; public corporations; amendment to the Constitution ----.------------._------------74, 97, 265, 362, 2619 HR 21-44 --Property held as inventory; amendment to the Constitution ----____----------------____----.__74, 97, 177 HR 22-44 --Wynn, John L.; compensate __--____--______----___.74, 97 HR 23-44 --Ramey, Clayton; compensate --------------74, 97, 1261, 1457, 1978 HR 24-44 --Gracewood State School and Hospital; medical loans; amendment to the Constitution .----------.74, 97, 482, 710, 2623 HR 25-44 --Senior, Earl 0.; compensate ____------...------------_------------.75, 97 HR 26-44 --York, Willard; compensate ----------------75, 97, 482, 642, 2263 HR 27-44 --Fannin County Agricultural Association; compensate ..._--..--------------_----------75, 97, 482, 639 1978
INDEX
3193
HR 28-44 --Solicitors-General; election; amendment to the Constitution ___________________-_______.__________-_75, 97, 355, 446, 2620
HR 29-44 --Superior Court Judges; election; amendment to the Constitution --___----.___-.---------75, 98, 355, 449, 2620
HR 30-44 --Hatchett, Otis Davis; relieve as surety on appearance bond _.___----------------------75, 98, 436, 493, 2620
HR 31-44 --Martin, A. J.; relieve as surety on appearance bond _____________--._-------76, 98, 436, 494, 2620
HR 32-48 --Voting; residence requirements; amendment to the Constitution ..-.......___----...-.__----_._.----_77, 99, 436, 530
HR 33-48 --School districts; debts and loans; amendment to the Constitution __------___-._____.77, 99, 242, 272
HR 34-48 --School Superintendents; election of; amendment to the Constitution _------______._..77, 99, 242, 273, 1142, 1615, 1972
HR 35-48 --Education tax; amendment to the Constitution ..._____--..._.--77, 99 HR 36-48 --Sales tax; Federal Manufacturer's
Excise Tax ----......____........._.._--..._.._._.__77, 99, 242, 273, 2624 HR 37-48 --Sales tax; Holy Bible, suspend ._.._-..------__78, 99, 241, 276, 2624 HR 38-51 --Sales tax; property purchased outside State,
suspend ____..------..______....-.____----.....______--.. 78, 100, 241, 278, 2624 HR 39-55 --Air and water pollution; tax; amendment
to the Constitution _----------_____----. 79, 101, 486, 677, 695, 2624 HR 40-55 --Planning and Zoning Ordinances; amendment to
the Constitution ________________.___..______________79, 101, 356, 511, 570, 672 HR 41-55 --Flowers, L. H.; compensate ________........____..____. 80, 101, 482, 640, 1979 HR 42-55 --Elbert County Development Authority; create;
amendment to the Constitution _______ 88, 118, 189, 199, 1971, 2066 HR 43-71 --Tattnall County Board of Education; election;
amendment to the Constitution ----------_ 91, 120, 189, 206, 1972 HR 44-71 --Parole procedure, certain prisoners; amendment
to the Constitution _.__.____.._........._.._______....._...._._______... 91, 120, 156 HR 45-71 --Barfield, Grady; compensate ___------__----____92, 120, 482, 640, 1979 HR 46-72 --Covington, City of; gas or electric generating
systems; amendment to the Constitution ......_._____________92, 121 HR 47-72 --Herndon; T. R.; compensate ___________.______.._.______92, 121, 483, 640, 1979 HR 48-72 --Caldwell, Lt. T. E.; compensate __________________ 92, 121, 483, 641, 1979 HR 49 --House of Representatives; vacancy
declared from 136th District ---_-___-----___----------__------_ 102 HR 50 --House of Representatives; personnel
of Minority Floor Leader ____________________________________________________________103 HR 51-88 --Fambrough, Jack W.; compensate _____ ________115, 128, 483, 641, 1979 HR 52-88 --Oglethorpe County Board of Education; election;
amendment to the Constitution ________ ______115, 128, 189, 209, 1972 HR 53 --Juvenile Crime Study Committee; create ..........__._______.__-- 110, 1688 HR 54 --Compensation Study Committee; create ------------------------103 HR 55-89 --Lee, J. Frank; compensate ----------------115, 129, 483, 641, 1979 HR 56-91 --Washington County Sweet Potato Association;
compensate ------------------------116, 129, 482, 642, 2271, 2309 HR 57-97 --U. S. Constitution; succession of President and
Vice-President ,,._._____________----------__________________----.117, 130, 242, 369
3194
INDEX
HR 58-97 --Fulton County; business regulation; amendment to the Constitution --------------------117, 130, 189, 212, 652
HR 59-97 --Fulton County; sanitary landfills; amendment to the Constitution ----------------___________ 117, 131, 189, 215, 652
HR 60-99 --Fulton County; recreational activities; amendment to the Constitution --------------------------118, 131, 189, 218, 653
HR 61-110 --Constitutional Convention; Federal income taxes ._------159, 183 HR 62-110 --East Point, City of; conveyance of
certain real property ....____.--------159, 183, 325, 367, 2421, 2533 HR 63-110 --Burch, Mrs. Ola; compensate _____ ... 159, 184, 665, 787, 2533 HR 64-110 --Paradise, W. H.; compensate ________.__.._.._.._.. 159, 184, 665, 787, 1979 HR 65 --Brawley, Dr. James P.; congratulate --------_------------131, 188 HR 66 --Attorney General; State Counsel in Julian Bond case --------_133 HR 67 --Glenwood Hills American Little League; congratulate ----. 133 HR 68 --Business and Industrial Loans Committee; create --___135, 1688 HR 69-113 --Slum clearance; expenditures as liens; amendment
to the Constitution ._____._..._....___.__,,_.____.._..__.____. 160, 184 HR 70 JR-1 --"Affirmation-Viet Nam"; endorse _----------------------...... 138 HR 71-122 --Boswell, Mrs. Patricia N.; compensate ----162, 186, 665, 787, 1979 HR 72-122 --Roberts; Mrs. Florence E.; compensate __.... 162, 186, 665, 788, 1979 HR 73-122 --Cobb County; county manager form of government;
amendment to the Constitution --------162, 186, 265, 265, 1972 HR 74 --Civil and criminal procedure committee; create .....___......__135, 1688 HR 75 --State Departments; computer needs committee;
create --------....------------------_----.----------------136, 1689 HR 76-124 --Morgan County Board of Education; membership;
amendment to the Constitution ______________ 163, 186, 265, 268, 1973 HR 77-124 --Solicitors-General; election; amendment
to the Constitution --------------------------_.163, 186, 356, 486 HR 78-132 --Douglas, City of; conveyance of
certain property ........___.__.__._ ___.......__. 179, 261, 1268, 1473, 2623 HR 79-132 --Whittle, W. L. and Garrison, W. B.;
compensate ........._...___. 179, 261, 665, 788, 1980 HR 80-132 --Habersham County Board of Education; building funds;
amendment to the Constitution --------179, 261, 308, 379, 2621
HR 81
--Murphy, Thomas B.; elected as member of State Real Properties Control Commission ___________,,_._____._________.__. 166
HR 82
--Williams, Mrs. Harry B., Jr.; elected as member of State Election Board ----__-_____--------------------__----------166
HR 83 --Georgia Air National Guard; commend ._.__.._____.__..___._166, 253
HR 84-135 --Harris, Walker C.; compensate --____--____----------____----_. 180, 262
HR 85-135 --Douglas-Douglas County Development Authority; create; amendment to the Constitution .......... _180, 262, 354, 381, 1973
HR 86-128 --Tanner, Benjamin Clinton; compensate __ 181, 263, 1075, 1213, 1980
HR 87-138 --Milledgeville, City of; lease of certain property ___....._.____________..............._____........._181, 263, 485, 707, 1536
HR 88-165 --Camden County; stabilized property tax program; amendment to the Constitution .__________.______... 256, 303, 354, 385
INDEX
3195
HR 89-165 --Camden County Development Authority; create;
amendment to the Constitution ____,,,,__.._._ 256, 303, 354, 388, 1973
HR 90-165 --Charlton County; stabilized property tax program;
amendment to the Constitution _.....__.__......__ 256, 303, 354, 394
HR 91-165 --Folkston, City of; stabilized property tax program;
amendment to the Constitution _....._.___....-.-.._.257, 304, 354, 396
HR 92-165 --Ford, Dennis H.; compensate
__,,-.____--_... 257, 304
HR 93-165 --Acres, Den M., Jr.; compensate ___.,.__ ___.257, 304, 1262, 1460, 1980
HR 94-165 --Martin, Mrs. Helen; compensate -..._-_...257, 304, 1075, 1210, 1980
HR 95-165 --Gaddis, M. J.; compensate _.____-_-_._...__......257, 304, 665, 788, 1980
HR 96-165 --Jarvis, J. A.; compensate _______________________ 257, 304, 665, 789, 2263
HR 97-165 --Brooks County Development Authority; create;
amendment to the Constitution __..__......_ 257, 304, 483, 594, 1973
HR 98-165 --Adairsville Development Authority; create;
amendment to the Constitution _....__......257, 304, 483, 597, 1973
HR 99 --State Capitol; repair and refurbish Room 341 .._....-,,.___--_.... 242
HR 100 --Forehand, Lee; commend ,,____,,_-- _,,____.___.______--_.~..._.___.. 243
HR 101 --Bolton, Honorable Arthur K.; Attorney General;
commend _________-----_-.__----_--_._.------------_-_-._.__,,__-- 243
HR 102 --Lee, General Robert E.; commemorate birthday _,,___....._,,__ 244
HR 103 --Baldwin, Mr. and Mrs. Ben C.; congratulate ...._._.-__--..._.._-245
HR 104 --Hawkins, Rep. and Mrs. Herb C. Jr.; congratulate _,,_,,_--.._. 246
HR 105 --Teacher Tenure Law Study Committee; create ................248, 1688
HR 106 --State Minimum Wage Law Study Committee;
create -...-___________.....-.-.......-.______-_..-...._-_-...__._____-__.249, 1689, 2602
HR 107 --Motor Vehicle Inspection Study
Committee; create ................___._,,,,._______.____..............._.._..249, 1689
HR 108 --Jekyll Island, Historical Drama; create
committee to study ___.________.__........................___.._. 250, 1688, 2603
HR 109-179 --Cobb County; survey made by Secretary of State --------260, 307
HR 110 --Stewart, Charles E. G., Sr.; express sympathy for
passing of ,,__,,____------_-__._..,,._.,,..._._,,_____---271, 357
HR 111-196 --Alcohol Education Study Committee;
create ___.________._______.__._________.._.__. _________________._296, 321, 1690, 1947
HR 112-196 --Americus, City of; conveyance of certain
property ______________,,______,,__,, 296, 321, 842, 1037, 2623
HR 113-196 --Woodbine Development Authority; create; amendment
to the Constitution ______.____._._._-_...._._.....,,. 296, 321, 435, 603, 1973
HR 114-196 --Chattooga County Development Authority; create;
amendment to the Constitution ----------297, 322, 435, 609, 1973
HR 115-201 --Worth County Development Authority; create;
amendment to the Constitution ...,,........__ 298, 322, 354, 399, 1973
HR 116 --Milhollin, George; wishing speedy recovery ___._..____..__.._ _____________ 272
HR 117-206 --Cobb County; Zoning and Planning Commission;
amendment to the Constitution .___ ,,_....___. 299, 323, 354, 405, 1973
HR 118-218 --Un-American Activities Committee; create ____________..______.__ 318, 352
HR 119-218 --Forward Georgia Commission;
create
_
318, 352, 1688, 2216
HR 120-236 --Rome Judicial Circuit; law books __.._......_._...345, 428, 483, 684, 1679
HR 121-236 --Floyd County; law books .........__................ 345, 428, 483, 686, 1679
3196
INDEX
HR 122-236 --State Board of Education; members; amendment to the Constitution --____._..--________ 345, 428, 666
HR 123-236 --Emanuel County; conveyance of certain property --------------------------..----346, 428, 486, 694, 2620
HR 124-239 --Wheeler County; permanent easement; Little Ocmulgee State Park --------____.346, 429, 485, 627, 670, 2092
HR 125-239 --Millings, R. J., compensate .-----.....--. 346, 429, 1075, 1210, 1980 HR 126-239 --Kenney, F. M.; compensate _-----------__,,..___--346, 429 HR 127 --Municipal Officials; welcome ------------------------_.------ 336 HR 128-247 --Viet Nam servicemen; income tax
exemption ----------._._--------..----------348, 430, 483, 690, 2624 HR 129 --Atlanta Braves and Falcons; welcome ------_--_------_..__.336 HR 130 --Valdosta High School Football Team; commend --------.--------337 HR 131 --Callaway, Bill; commend __---------- -------------__.__..._._.338 HR 132 --Kennedy, Paul; commend ___------_.._.------------_--------.__..338 HR 133 --West Rome High School Football Team; commend ,,_.------ 339 HR 134 --Calhoun, Dennis; commend _------...__.--------__----------___._..340 HR 135 --Stewart, Paul; commend _----.----...__,,__,,____...______._____340 HR 136-255 --Murray County; conveyance of certain
property --_-- _...___--------------_----350, 431, 485, 642, 1536 HR 137-255 --Rapid transit; grants; amendment to the
Constitution .._........_----.____-- ._----____._,,......_......._..350, 432 HR 138-291 --Farm and agricultural implements; ad valorem tax;
amendment to the Constitution ._---------------------------- 422, 477 HR 139-291 --Brunswick, City of; Glynn County; Charter Commission;
amendment to the Constitution ....__----422, 478, 483, 615, 1974 HR 140-291 --Chattooga County Board of Education; elections;
amendment to the Constitution ----------------422, 478, 483, 621 HR 141-291 --Supreme Court and Court of Appeals Judges;
qualifications; amendment to the Constitution ----423, 478, 840 HR 142 --McDonough, John Joseph; congratulate ........__________.408 HR 143 --State Highway Grants Study Committee;
create ----------_----____------------.----...__409, 1688, 2604 HR 144 --Highway Study Committee; create ------------------410, 1688, 2605 HR 145 --State Claims Study Committee; create ------------411, 1688, 2600 HR 146 --State Board of Education; experimental 12 months
school programs ------------------------------ --................412, 1689 HR 147-301 --Condemnation proceedings; change in venue;
amendment to the Constitution ........................................425, 479 HR 148-301 --Bibb County; conveyance of certain
property ---..__---------------------425, 480, 750, 1019, 1536 HR 149-304 --Law enforcement officers; indemnification of
private citizens assisting --------465, 547, 840, 1217, 2419, 2446 HR 150-304 --Franklin County; conveyance of land to
Garner D. Crump _----------------------465, 547, 750, 1017, 2624 HR 151-313 --Sapp, T. H.; compensate -------..----------------------466, 548
HR 152-313 --Toombs County Development Authority; create; amendment to the Constitution --------467, 548, 667, 753, 1974
HR 153-319 --Decatur County; permanent easement, Bainbridge State Park --------------468, 549, 1142, 1910, 2620
INDEX
3197
HR 154-321 --Gordon County Development Authority; create; amendment to the Constitution ..._.___......468, 550, 667, 760, 1974
HR 155-328 --Pulton County; mental health committee, create _____.___..__..._._----.___---470, 551, 1688, 2220
HR 156-330 --Thomas County; conveyance of land to Wade E. Freeman ..._____..._....____..._____470, 552, 1690, 1915, 2253
HR 157-338 --Baldwin County; conveyance of land within 320th Militia District ____ __._-~._..472, 553, 942, 1081, 2092
HR 158-341 --Baldwin County; conveyance of land within 320th Militia District _______.__.___________._._____473, 554, 750, 889, 2092
HR 159-347 --DeKalb County; construction fees; amendment to the Constitution __.____.._..___._....____.........____..__....__..__538, 575
HR 160 --Newton County High School Football Team; commend __-___491 HR 161-356 --Catoosa County; Board of Tax Administrators;
amendment to the Constitution .....__.540, 577, 1264, 1389, 2621 HR 162-358 --Hendrix, Glenn; compensate _-_._____.___._______540, 577, 1214, 1980 HR 163-364 --Muscogee County-City of Columbus; consolidate Tax
Assessors; amendment to the Constitution ......_--.542, 578, 667, 763, 1974
HR 164-464 --Muscogee County-City of Columbus; Building Commission; amendment to the Constitution _____________..___.__._542, 579, 667, 767, 1972, 2035
HR 165-371 --Governor; election returns; amendment to the Constitution ,,_.._,,--____.___.,, ,. ________.__....._543, 580
HR 166-371 --Elections; residence requirements; amendment to the Constitution ..___._.___. 544, 580, 748, 1220, 1277, 1646, 1696, 2057, 2621
HR 167-375 --First Cavalry Division; monument ._-_____545, 581, 666, 1466, 2620 HR 168-381 --Wilson, Charles L.; compensate ._-_..._.546, 582, 1075, 1214, 1980 HR 169-381 --Marchialette, Warren; compensate ~_.._.546, 582, 1075, 1214, 1980 HR 170-381 --Wilkins, Bertha; Morgan, Marie and Bertha;
compensate __..__________._.._._.__..._..___546, 582, 1075, 1215, 1980 HR 171-383 --Travis, Rev. James L.; compensate ...__.._547, 582,1075,1215, 2264 HR 172-385 --Whiteaker, Doyle F.; compensate ___.._.._. 573, 663, 1075, 1215, 1981 HR 173-385 --Wainwright, Arthur W.; compensate ___-.-.._,,__-.....___.573, 663 HR 174-385 --Ward, Mr. and Mrs. R. E.;
compensate -_......._._______._.___.._._____573, 663, 1075, 1211, 1981 HR 175-385 --Smith, Samuel R.; compensate ..___...__574, 664, 1075, 1211, 1981 HR 176-385 --Wrinn, Raymond J.; compensate .___.____._574, 664, 1075, 1216, 1981 HR 177-385 --Williams, Mr. and Mrs. S. C.;
compensate ._________..-__.___________________________574, 664, 1262, 1460, 1981 HR 178-385 --Rippetow, Mrs. Frank R.; compensate .._____.._.______-574, 664 HR 179 --Egan, Michael J., Jr.; congratulate ________.._.___..____________________568 HR 180 --Burke, S. F. and Georgia High School
Association; commend -_-_._______.__________________._____________568, 585, 2093 HR 181-385 --Brown, Johnny A.; compensate ____.__--...574, 664, 1075, 1216, 1981 HR 182-385 --Law Enforcement Officers; indemnification to
private citizen for assisting ___.__-_--..--._______--_______.__574, 664 HR 183-385 --Cobb County; conveyance of certain property _,,__.,,___--574, 664
HR 184-389 --Rocker, Bobby Gene; compensate ...._..._655, 737, 1075, 1212, 1981
3198
INDEX
HR 185-399 --Wheeler County Development Authority; create; amendment to the Constitution ______________ 657, 738, 940, 992, 1974
HR 186-399 --Montgomery County Development Authority; create; amendment to the Constitution ___________ 657, 738, 940, 999, 1974
HR 187-399 --Hall County; conveyance of land owned by State Highway Department ______________________ 657, 739, 842, 1085, 2625
HR 188-405 --Columbia County; construction rights; amendment to the Constitution ____________ _.._-_____________658, 739, 749, 842, 1974
HR 189-407 --Kea, Deputy Sheriff Bessie; compensate _.______659, 740, 1460, 1981 HR 190-407 --Muscogee County; administrative functions;
amendment to the Constitution _______________ 659, 740, 748, 845, 1975 HR 191-407 --Muscogee County-City of Columbus; Board of
Commissioners; amendment to the Constitution _,,..__.__,,_ _________________ ...._.____,,_____ 659, 740, 748, 849, 1975 HR 192-412 --Brock, William Myers; compensate _______ 660, 741, 1262, 1461, 1981 HR 193-412 --Willford, Perry L.; compensate _______ ____________________ 660, 741 HR 194-418 --Wayne County; tax levy for industrial development; amendment to the Constitution ,,._____,,_________742, 749, 852, 1975 HR 195-421 --Hancock County Development Authority; create; amendment to the Constitution ____,,.____ 662, 743, 748, 885, 1975 HR 196 --Georgia State College; change name to Georgia State University _________________________________________,,_.________,,_ 624, 662 HR 197 --Fair Housing Law Study Committee; create _______________625, 1689 HR 198 --Archer High School Committee for Peace Chorus; commend ____________________________________ _________________________________624 HR 199 --Athletic and Literary Activities Study Committee; create ________ ______________-____________________________._.__,,__.__626, 1689 HR 200-423 --DeKalb County; garbage disposal; amendment to the Constitution _____._________,,_.__ 663, 743, 748, 862, 1972, 2065 HR 201-431 --Brunswick-Glynn County Development Authority; definitions; amendment to the Constitution ,,__.__._..______,,,,__._.. 726, 830, 1139, 1159, 1975 HR 202-431 --Chatham County; easement of certain property ________________________________________________ 726, 830, 842, 1087, 2621 HR 203-431 --Cherokee County; repeal 2 resolutions regarding land _______.___,,_,,___.,,____.._._____________________.__.____._ 726, 830, 842, 1089, 2092 HR 204-435 --Dade County; ad valorem tax; amendment to the Constitution -_________._________-_-____________-_________._.__.____727, 831, 939 HR 205-435 --Hall County Board of Education; School Superintendent; amendment to the Constitution ______________._727, 831, 939, 961, 1975, 1983, 1984, 2064 HR 206-435 --Treutlen County Development Authority; create; amendment to the Constitution ___________ 727, 831, 940, 1007, 1975 HR 207-437 --Strip Mining Operation Study Committee; create ,__...________.._._______.__.,,____._____________..____728, 831, 1689 HR 208-438 --Green, Carl; compensate ____________.___________728, 831, 1075, 1216, 1981 HR 209-438 --DeKalb County; animal shelter; amendment to the Constitution ____________________.__.______________..______.._.__728, 832, 939, 964
HR 210 --Polk County 4-H Council; commend ___._______._____________________________.______692
HR 211 --Tax equalization decision; delay requested __________________________._____694
INDEX
3199
HR 212-444 --Horen, Mrs. Jacquelyn S.; compensate... 730, 833, 1075, 1217, 1982
HR 213-444 --Bond elections; freeholders; amendment
amendment to the Constitution -___.923, 1064, 1139, 1181, 1977
HR 214-454 --Rhoden, L. L., Jr.; compensate . . 732, 834, 1075, 1212, 2264
HR 215-454 --Dublin-Laurens County; merge school systems;
amendment to the Constitution ......___-732, 835, 939, 967, 1975
HR 216-461 --Bibb County; retirement system tax levy;
amendment to the Constitution ...__....__.....733, 836, 939, 970, 1976
HR 217-461 --Bibb County; recreation system tax levy; amendment
to the Constitution ._..____.._____.....__.....-...___734, 836, 940, 975, 1976
HR 218-461 --Bibb County; group life insurance tax levy; amendment
to the Constitution __._.._.___.__..__.__..._____.____734, 836, 940, 979, 1976
HR 219 --State Highway Maintenance Patrolmen; commend ....____-..---- 693
HR 220-467 --Marietta, City of; indebtedness for schools;
amendment to the Constitution .__________735, 837, 940, 983, 1976
HR 221-467 --Henry County Board of Education; School
Superintendent; amendment to the
Constitution
-.___...735, 837, 940, 986, 1976
HR 222-467 --Henry County Development Authority; create;
amendment to the Constitution __..._......735, 837, 940, 1013, 1976
HR 223-467 --Henry County Board of Education; terms; amendment
to the Constitution ..___.__..____-........____.__..736, 837, 940, 989, 1977
HR 224-474 --Chatham County; homestead exemption; amendment
to the Constitution -__._._.___.____._..___...-._.______.___.__________._-_-820, 930
HR 225-480 --Chatham County; tax equalization; amendment
to the Constitution ___......._._.__......______.__......___.821, 931, 940, 1162
HR 226-480 --Porter, John B.; compensate .._.__-.,,_._._._-._.._....-...__--_822, 931
HR 227-480 --Bell, William T.; compensate ,,-..__-.-....... 822, 932, 1261, 1457, 1982
HR 228-489 --Everett, James R. and 3 M. Company; compensate .___.823, 933
HR 229-494 --Bunch, Joe B.; compensate _______ .___...____824, 934, 1261, 1458, 1982
HR 230-494 --Walraven, William; compensate _____________ 824, 1261, 1458, 1982
HR 231-949 --Garrett, Easter Faye; compensate _....____.825, 934, 1262, 1461, 1982
HR 232-494 --Clarke County-Athens; Charter Commission;
amendment to the Constitution .________. 825, 934, 1075, 1166, 1977
HR 233-497 --"Georgia-Georgia"; adopt as State song _.._.,,.._.._......_825, 935
HR 234 --Williams, Dr. Loren E., Sr., family; commend _......_....._____...._780
HR 235 --Henderson, J. H., Jr.; commend .........._.__...._.___........__._....._.__781
HR 236 --Rogers, Coach and Crisp County Basketball Team;
congratulate _--------..,,----__..._--_,,__.-,,--__..,,-__.--._..._..--_......___-..782
HR 237 --Right-to-work Law; urge Congressional
Delegation to support ---____--_._--,,_________________-________.._____________783
HR 238 --Schools; uniform transcripts, student records;
create study committee ______.._._......_...____.........._..___784, 1688, 2597
HR 239 --General Assembly; Pages; create study
committee ________-_______,,____,,.___.._..__.._.........____785, 1688, 2599
HR 240-504 --Williams, J. Dewey; compensate -..........._._--._....__._....._____827, 936
HR 241-504 --Rockdale County; debt limitation; amendment to
the Constitution .._.....____.._.,,....__...____..... 827, 936, 1075, 1172, 1977
HR 242-504 --Gwinnett County; fire protection and sewerage
districts; amendment to the
3200
INDEX
Constitution
.---------- _._.._ 827, 936, 940, 1174, 1977
HR 243-517 --Brunswick, City of; ad valorem tax,
Downtown Brunswick; amendment to the
Constitution ..------920, 1062, 1265, 1393, 1977, 1984, 2420, 2520
HR 244-517 --State Properties Control Commission;
surplus property ________________......----920, 1062, 1268, 1472, 2624
HR 245-523 --Hamby, Howard Herbert, Sr., compensate ......._--_--------921, 1063
HR 246-528 --Floyd County; sewerage and fire
protection districts; amendment
to the Constitution.--._----___,,-----922, 1064, 1139, 1178, 1977
HR 247-529 --Ployd County; street improvement assessment;
amendment to the Constitution ________ 923, 1064, 1139, 1181, 1977
HR 248-529 --Mass Transportation Commission; create --__________...923, 1065, 1689
HR 249-529 --Vaughter Alan; compensate--. ....923, 1065, 1262, 1462, 1982
HR 250-529 --Chattahoochee County; business license
fees and taxes; amendment to
the Constitution....._--------------_--923, 1065, 1139, 1184, 1978
HR 251-534 --Keith, J. W.; compensate .--------.........__924, 1066, 1261, 1459, 1982
HR 252-534 --Sailors, Daniel L.; compensate..---...924, 1066, 1261, 1459, 1982
HR 253-534 --Thompson, Mrs. Cleo; compensate___._._._...._....,,.__.__-____.___.__..924, 1066
HR 254-539 --Horton, William Prank; compensate----.....------------....925, 1067
HR 255-539 --Clarke County Board of Education;
membership; amendment to
the Constitution ... ------_--.925, 1067, 1139, 1188, 1978
HR 256-552 --George, Honorable Walter Franklin;
memorial placed in State Capitol----...----------._......--927, 1069
HR 257-556 --Nardi, Lombard A.; compensate.--------.-----__--928, 1070
HR 258-557 --Grinsted, Walker; compensate----------------------928, 1070
HR 259-557 --Hyde, A. L. and Harold; compensate..._929, 1070, 1261, 1459, 1982
HR 260-557 --Glore, Clyde; compensate........._.929, 1070, 1261, 1459, 1982
HR 261
--Ramsey, Coach and Avondale High School Football Team; commend --__..______..----.....__..___._.--..--.1045
HR 262-571 --Governor's Mansion; disposal of present land _____--------.______.__.._..............1057, 1135, 1690, 2055
HR 263-571 --Monroe County Development Authority; create; amendment to the Constitution _______.....____________....________....1057, 1135, 1264, 1401, 2621
HR 264-571 --Cobb County; electors' qualifications; amendment to the Constitution...------..____1057, 1135, 1139, 1432
HR 265-571 --Heard County Development Authority; create; amendment to the Constitution .--------------------------1058, 1135, 1264, 1407, 2622
HR 266-571 --Cordele, City of; revenue bonds for street improvements; amendment to the Constitution----------------1058, 1135, 1139, 1435, 2622
HR 267-571 --Monroe, City of; conveyance of certain property ....._________________. _..--------.--1058, 1135, 1142, 1596
HR 268-571 --Homestead exemption; change amount; amendment to the Constitution.--------------------1058, 1136
INDEX
3201
HR 269-571 --Education; tax millage; amendment to the Constitution ----__----------------------_--_____1058, 1136
HR 270-571 --Sales tax; education; amendment to the Constitution_1058, 1136 HR 271-571 --Crawford County; Clerk of Superior
Court and Ordinary; consolidate offices; amendment to the Constitution -.-1058, 1136, 1139, 1438, 1978 HR 272-578 --Winder, City of; Barrow County; merge school systems; amendment to the Constitution.....................__.....1060, 1137, 1139, 1441, 2480 HR 273-596 --Statesboro-Bulloch County Development Authority; create; amendment to the Constitution____________ 1123, 1247, 1264, 1413, 1971, 2103 HR 274-596 --Coweta County Development Authority; create; amendment to the Consti tution ........1123, 1248, 1264, 1425, 2420, 2527, 2539, 2547, 2626 HR 275 --McRae, Parker; wishing speedy recovery....____...._......_..1076 HR 276 --Delta Airlines; appreciation ........_.............___._._.____------1077
HR 277
--Grant, L. P.; acquire property for historical monument ------------------.. 1077, 1534, 1759, 2093
HR 278
--Department of Public Safety Retirement Study Committee; create _.____......._______._._......1078, 1688, 2606
HR 279 --Hospitalization Insurance Study Committee; create__1079, 1689
HR 280-602 --General Tax Study Commission; create.---__..1124, 1249, 1269
HR 281-602 --Vidalia Development Authority; extend; amendment to the Constitution..- 1124, 1249, 1265, 1447, 2622
HR 282-607 --Federal funds to State Departments and Agencies; amendment to the Constitution ..----------1125, 1250, 1263, 1478, 2272, 2328
HR 283-624 --Whitfield County; regulate burning of materials; amend ment to the Constitution ------.----.1127, 1252, 1265, 1450, 2622
HR 284-624 --Clayton County; tax levy to promote industry; amendment to the Constitution----------------.-1127, 1252, 1265, 1453, 2622
HR 285-636 --Jenkins County; convey certain property ---------..----------1129, 1254, 1268, 1462, 2621
HR 286-650 --Pulton County; property repairs; amendment to the Constitution _--_.__....,,__....1131, 1256, 1996
HR 287-650 --Rivers and Harbors Development Commission; create ._....__......1131, 1256, 1268, 1464, 2539, 2562
HR 288-650 --Elbert, City of; recreation program; amendment to the Constitution--1237, 1353, 1367, 1554, 2622
HR 289-658 --Murray County Industrial Development Authority; create; amendment to the Constitution....__.___------________1237, 1353, 1533, 1557, 2622
HR 290-679 --Appling County Industrial Develop ment Authority; create; amend ment to the Constitution--------1240, 1356, 1533, 1564, 1978
3202
INDEX
HR 291-679 --Cherokee County Development Authority; create; amendment to the Constitution--------.-------1241, 1356, 1367, 1571, 2623
HR 292-679 --State-owned islands; exempt ad valorem tax; amendment to the Constitution ------------.------1241, 1356
HR 293-679 --DeKalb County; police forces; amendment to the Constitution--------1241, 1357, 1367, 1576
HR 294-679 --General Assembly; introduction of bills; amendment to the Constitution.____------------... 1241, 1357
HR 295-682 --Pike County Board of Education; School Superintendent; amend ment to the Constitution ---------1242, 1357, 1367, 1579, 2420
HR 296 --"True Coon Dog Cleo"; immortalize-----------------------------1209 HR 297-698 --Metropolitan Area Water
Quality Control Commission; establish --------------_ 1244, 1359, 1534, 1804, 2267, 2488, 2516 HR 298-698 --County government powers; amendment to the Constition --------.-----------------1245, 1360, 1367, 1772, 2267, 2321 HR 299-698 --Home Rule for Counties; cumulative powers ----------------1245, 1360, 1367, 1774, 2623 HR 300-699 --Minimum Foundation Program of Education Act; grants, scholarships; amendment to the Constitution....------------_------------------__1345, 1522
HR 301-699 --Traffic Safety Study Committee; create--1345, 1522, 1992, 2052
HR 302-699 --Plumbing and Electrical Code Study Committee; create .1345, 1522
HR 303
--Rivers and Lakes; create committee to study public facilities------------------------..1278, 1688, 2607
HR 304
--Industrial Secrets; create committee to study espionage .------------.--------.--------1279, 2077, 2608
HR 305
--University System of Georgia; college educational facilities; create committee to study.----.1280, 1689
HR 306
--School lunch room personnel; create committee to study salaries--____________________ ___..------_ 1281, 1689
HR 307 --Teacher Merit Pay Scale Study Committee; create.----1282, 1689
HR 308
--Care and training of pre-school children; create study committee---------------------------------.___1283
HR 309-709 --Fulton County; property bid by Sonoco Products Company _____________------1347, 1524, 1534, 1948
HR 310-709 --State officials; Executive Branch; create committee to study salaries-----.1347, 1524, 1688, 2219
HR 311 --Newton, Honorable and Mrs. A. Sid; congratulate______----------__1309
HR 312 --Indian Springs State Park; convention facilities.--.---------1309
HR 313
--Employment security programs; Congressional Delegation urged to oppose Federalization --___._--_____--.1310
HR 314-719 --Judges; retirement and emeritus programs; create study committee.------------------.----1349, 1525, 1689
HR 315-719 --Superior Court System; create committee to study_----1349, 1525
INDEX
3203
HR 316-719 --Pulaski County-Hawkinsville Development Authority; create; amendment to the Constitution----------__,,______--1349, 1526, 1533, 1720, 2623
HR 317-719 --County governments; powers; amendment to the Constitution----_----_._._.._--------.......1349, 1526
HR 318-719 --General Assembly; apportionment; amendment to the Constitution .------.._....------._.___.___..1349, 1526
HR 319-719 --Bleckley-Cochran Industrial Develop ment Authority; create; amend ment to the Constitution----__1350, 1526, 1533, 1726, 2420, 2467
HR 320-721 --Gwinnett County; county manager form of government; amend ment to the Constitution----------.1350, 1526, 1533, 1732, 2623
HR 321-724 --Catoosa County Development Authority; create; amendment to the Constitution ----------.------..1515, 1660, 1686, 1879, 2259
HR 322-725 --Wife's property not liable for debts of husband; amendment to the Constitution.--.......1515, 1660, 1685
HR 323-733 --Kurtz, Wilbur G.; compensate------.......----1517, 1662, 1863, 2050 HR 324-733 --Daughters of the American Revolution; real
estate donations; amendment to the Constitution.._..1517, 1662 HR 325- 754--Nursing scholarships; under-graduate training;
amendment to the Constitution ------__------------1352, 1529, 1996 HR 326-762 --Ware County Board of Education;
School Superindent; amend ment to the Constitution......____----1520, 1664, 1686, 1885, 2260 HR 327-762 --Cobb County; sidewalk improvement; amendment to the Constitution..--1520, 1664, 1686, 1888, 2260 HR 328-762 --House of Representatives; Speaker elected by secret ballot; amendment to the Constitution__--1520, 1664 HR 329 --House of Representatives; Rules of House; amend ------..._----...............--1546, 2215, 2528 HR 330-767 --State-Local Government Revenue Study Committee; create--......-.--------1521, 1665, 1688, 2217 HR 331-767 --State-Local Government Study Committee; create----------.____--------.-1521, 1665, 1688, 2218 HR 332 --Hawkins, Honorable Herb C., Jr.; commend----_____-----___-1539 HR 333 --Bridghtwell, W. T.; commend.........----------........_..__..__.______1539 HR 334 --Coleman, A. M. (Tonto); commend--------------......-._..--1540, 2093 HR 335 --Mullis, Charles; expressing regrets--.------...------..--------------1541 HR 336 --Georgia Association Justices of the Peace; commend------_.__...1542 HR 337 --House of Representatives; personnel and committees...--------1542 HR 338 --Smith, Dr. and Mrs. John R.; congratulate-----------.---------1544 HR 339 --"Field Chamber Sweet Music Banjo"; commemorate-------- 1545 HR 340 --Junior R.O.T.C.; Congressional Delegation urged to support.,1546 HR 341 --Education; create committee to study problems --.--------------1547
HR 342 --Motor Fuel Tax Law; create committee to study......____....1549
HR 343 --Public School Personnel Retirement Study Committee; create --------------------.......1550, 1688, 2610
HR 344 --Sales tax; create study committee------------------_._------_----1551
3204
INDEX
HR 345-770 --Gwinnett County; powers of Superior Court Clerk; amendment to the Constitution ------------1656, 1843, 1865, 2009, 2420, 2464
HR 346-770 --Taxation; school lunch purposes; amendment to the Constitution .--1656, 1843, 1864, 2038, 2061
HR 347-789 --Grady County; conveyance of certain property ------------------1659, 1846, 1992, 2047, 2621
HR 348-789 --Fulton County; transfer of certain property ------------------1660, 1846, 1997, 2053, 2621
HR 349 --News Media; commend -..-- .--------------__.--------_....1745 HR 350 --Bible reading and prayer in schools; encourage.--------------_1746 HR 351 --Special Milk Program for Children; federal appropriations---1746 HR 352 --Berry School Singers; commend ...------------------------_.--.1747 HR 353 --Britt, S/Sgt. Oscar B.; commend --------------------------_...1748 HR 354 --Sopkin, Henry and Atlanta Symphony Orchestra; commend--1748 HR 355 --Atlanta Buckhead Red Devils Team; commend.....-------.--.1750 HR 356 --Etheridge, Jack P.; commend --------------------------------1751 HR 357 --Southern Bell Telephone Center; commend--------------------1752 HR 358 --Ridlehuber, Preston; commend.--------___----------__--------.1752 HR 359 --Brown, Hebe C.; regrets.--------------------------.----------1753 HR 360 --Children of the American Revolution;
commend Georgia Society .------------------------1754, 2093 HR 361 --Mercer, Johnny; appreciation.----__------------------.1754, 2093 HR 362 --Harpe, Leonard I., Sr.; commend.------------------------__--1755 HR 363 --Musselwhite, Horace; commend..__._---------.._--......__...___1756 HR 364 --Bolton, Honorable Arthur K.; Attorney General; commend --1756 HR 365 --State Game and Fish Commission; dove shooting------.1758, 2093 HR 366 --Women's College of Georgia; Acapella Choir; invite...._----.1759 HR 367 --Baldwin County; conveyance of certain land........_--.---.....-1760 HR 368 --Dumping of trash and garbage on highways;
create committee to study.----------------------_--._1761 HR 369 --Holden, Earle; express sympathy for passing of...--..----------1891 HR 370 --Savannah Steamship; replica ...------.------.----__..............1892 HR 371 --B.P.O.E.; Savannah; commend...__....--.----.....----------.._........1893 HR 372 --Mink, Captain E. D.; commend.--------------------__.-1893, 2421 HR 373 --Day Care Centers for mentally retarded;
powers of Department of Public Health.------1894, 2215, 2601 HR 374 --Teachers' tenure study committee; create--.--...__.------_....1895 HR 375 --Fite, Reverend David; release from Cuban prison--.-------- 2097 HR 376 --Williams, Miss Patricia; appreciation.------------------------2221 HR 377 --Rogers, Ed; commend and congratulate.-------------------2596 HR 378 --Egan, Michael J., Jr.; commend.......------------------------..2572 HR 379 --Banking Laws Study Committee; create--_.--____._--2572 HR 380 --Brinkley, Jack; commend.--_------.------_--------.._..------...---- 2573 HR 381 --Dooley, Coach Vince; commend _______--------_,,.____,,__--------..2574 HR 382 --Stivarius, Harry; commend--------.--------.--------.__------.2574 HR 383 --American Legion and Auxilliary; appreciation----._--__--.2575 HR 384 --House Workmen's Compensation Study Committee; create--..2576 HR 385 --Hull, James M., Jr.; commend----------._......----------------.2577 HR 386 --Floyd, James H.; speedy recovery.--.----..----..__--_--------2578
HR 387 HR 388 HR 389 HR 390 HR 391 HR 392
HR 393
HR 394 HR 395 HR 396 HR 397 HR 398
HR 399 HR 400 HR 401 HR 402 HR 403
HR 404
HR 405 HR 406 HR 407 HR 408 HR 409
INDEX
3205
--Snow, Lenny; congratulate----------------------------__--__.2578 --Patton, George, congratulate-.----__.__----__------_----_---,..2579 --Dodd, Coach Bobby; commend ,,.--..____,,------.--_._------...2579 --Richards, C. P.; express sympathy for passing of-------------2580 --Tos, S. G.; express sympathy for passing of---------------....2581 --Department of Public Health; Division of
Mental Health; create committee to study.__----__--------___ 2581 --State Board of Education; local units of
administration; personnel ----___.___--.------...__.------------ ....2583 --Dooley, Coach Vince; commend...------.--------------------__.2583 --Election Laws Study Committee; create.--------------------2584 --State Institutions and Property Study Committee; create....... 2585 --Georgia Poultry Federation; commend----------------------_..2586 --Public utilities; uniform tax assessments;
create study committee ___.------------------..,__..__.._________2587 --Georgia Military Academy; commend......--...__--____._..2588 --Cordele Junior Chamber of Commerce; commend.--__------.2589 --Statewide Probation System; commend officers------------_..2589 --Legislative Counsel; express appreciation_._------.------__ 2590 --Burton, Joe N. and Fortson, Ben W., Jr.;
express appreciation ___--------------------_______----...2591 --Ray, J. B.; Young, J. E.; and Hamilton, G. B.;
express appreciation ------------------------__..._.__--...2591 --Hinson, William Wayne; express sympathy for passing of......2592 --North Fulton School Special Choir; commend..________.2593 --Peeler, Mrs. Betty; congratulate.------------__.__..................2594 --Cox, Dr. William J.; wishing speedy recovery._.__..__....2595 --Mother of the Year; financial assistance from
Department of Industry and Trade, Civic Clubs--...__----.2596
3206
INDEX
Part IV
NUMERICAL TABULATION
SENATE BILLS IN HOUSE
SB 1 SB 2 SB 3
SB 4 SB 5 SB 6 SB 9 SB 11 SB 14 SB 17 SB 18 SB 19
SB 21 SB 25 SB 26 SB 27 SB 28 SB 29 SB 33
SB 34 SB 35
--Gambling; occupational tax stamp; prima facie evidence .. 417, 436, 480, 1532, 2140, 2155, 2268, 2359, 2389, 2392
--Courts; jury exemption ____._._..__.___ 481, 492, 554, 1990, 2186, 2270 --Superior Courts Judges, Solicitors General and
Judges and Solicitors of Inferior Courts Retirement Fund; create .. .-,......___._____417, 437, 480, 1532, 2514 elections __.-.- ...^.__ -- ... 457, 413, 433, 1990, 2554 --Civil actions; service of process ---___.______-.-._._.______ 555, 567, 582 --Municipal Home Rule Act of 1965; referendum elections ___--...---.......______---_-__-...._...____. 357, 413, 433, 1990, 2554 --Judgments; satisfaction of executions .... 481, 492, 554, 1990, 2512 --State employees; amend loyalty oath form .... 307, 311, 325, 1367 --Georgia Educational Improvement Council; membership ._._....._........._._..._.._.____ 555, 567, 583, 1366, 2136 --Contracts; person 18 or over may bind himself -____..-._.._______.______...__._._..357, 413, 433, 1367, 2178, 2270 --Fannin County; Superior Court, change terms ..._._._._.._._...._____.____.__.._.____._..___.._.___.______187, 188, 264, 353, 371 --Pickens County Superior Court; terms ..187, 188, 264, 353, 372 --Alcoholic beverages; Revenue Tax Act ____._____.938, 1205, 1257, 1268, 2165, 2175, 2269, 2360, 2485,
2517, 2542 --Department of Public Health; Division of Mental
Health _.____.....___..____... __...._....____.___ ........... 1143, 1537, 1666, 1992 --Department of Public Safety; submission of
information -_...._.....__ 653, 695, 743, 841, 2128, 2157, 2206, 2403 --Driver's license; revocation for theft of motor
vehicle ...__...-....______.___.._._..............._...___..._.... 357, 414, 434, 485, 1021 --Motor vehicles; identifying numbers; penalty for
alteration ..............-______._............_._._________. 357, 414, 434, 485, 1022 --Motor vehicles; identification
numbers ............... 653, 695, 743, 1991, 1995, 1997, 2549 --Motor vehicles; theft of parts ..._......_.__......_._......__ 653, 695, 743, 841 --State Board of Registration for Used Motor Vehicle Parts
Dealers, Dismantlers and Rebuilders; create ....___..._.-....__..-..____..____.._._._.._.654, 695, 744, 841, 2188, 2270 --Fire insurance; inspection of property ._-.... .._.... 556, 567, 583, 1366, 1457, 1532 --Atlanta, City of; extend city limits ____.___-..1209, 1311, I860, 2215, 2417, 2517, 2518, 2539, 2625
SB 36 SB 38 SB 39 SB 40 SB 41 SB 43 SB 45 SB 46 SB 48 SB 50 SB 51 SB 53 SB 54 SB 55 SB 56 SB 57 SB 59 SB 60 SB 61 SB 62 SB 63 SB 64 SB 65 SB 66 SB 67 SB 68 SB 73
SB 75
INDEX
3207
--Explosives; bomb scares, penalty for false
information ,,,,____,,,,_--___.__..........____._._417, 437, 481, 1367
--Searches and seizures; suppression of
evidence _________________-____._______1682, 1691, 1846, 1991, 2353, 2388
--Woodbury, City of; provide for a majority vote
of Mayor and Councilmen _____..........1071, 1206, 1258, 1367, 1387
--Jury; guilt determination ............_...........___ 1364, 1456, 1526, 1990
--County Boards of Health; diagnostic services for chronically ill
and aged ____....____.._....._.__...___.1682, 1691, 1846, 1866, 2138, 2207
--Adoption; time limit ,,___..,,____._____________...._______481, 492, 555, 1990
--County Boards of Education; members'
compensation ._-_..,,_.....,,__-_.__ 1365, 1537, 1666, 1685, 2193, 2269
--Cosmetology Board; diseased persons and
wigs ___._._-.,,- 938, 1205, 1257, 1366, 2130, 2208
--Alcoholic beverages; advertisement ....._..._.__. 937, 1205, 1257, 2214
--Municipalities; slum clearance _-1684, 1691, 1846, 1984, 1987,
1984, 2075
--Practice of Law; educational requirements -_--_ 481, 492, 551
--Construction projects; injury to property;
statute of limitations -----,,__.__........_--1071, 1206, 1258, 1991
--Public records; inspection __......_.___..1071, 1206, 1258, 1991, 2558
--Ships; registry identification for public
protection _____________._.._...__________ 555, 567, 583, 842, 1950
--State Superintendent of Schools;
compensation _______.__.___________1271, 1311, 1360, 1863, 2410, 2625
--State Highway Department; Federal
aid
--._._._ 1682, 1692, 1847, 1996, 2360
--General Assembly; local pension systems _,,_____. 1307, 1312, 1360
--State Employees' Retirement System; service as member of
General Assembly ._____.....____...._.._._._____.......,,.,,_ 1307, 1312, 1360
--Sheriffs' Retirement Fund of Georgia; armed forces
credit ....____....___.....____.--...._______....._........_.._.....___.. 1307, 1312, 1361
--Teachers' Retirement System; armed forces
credit ___......___.....-_._....._._.__-_____._-_______._._.._.____-.-.....1308, 1312, 1361
--Solicitors-General, Emeritus; retirement system; armed forces
credit .....__._.__._......_....-____........._...__.....,,.________..__. 1308, 1312, 1361
--Superior Court Clerks; retirement; armed forces
credit __......-__..._._....-__._.____._....._......_...______.._____. 1308, 1312, 1361
--Superior Court Judges, emeritus; retirement; service as member
of General Assembly ....____...._.__...___.___..........,,.___ 1308, 1313, 1361
--Teachers' Retirement System; credit for out of State
service _ _ _ _ _ ____._.._,,__ 1308, 1313, 1361, 1685, 2357
--Peace Officers' Annuity and Benefit Fund; Penalties, Board
of Commissioners ..,,_,,___.__,,__._...__.,,. 1308, 1313, 1361, 1686, 1959
--General Assembly; legislation relating to retirement introduced
first 10 days of Session _____.__.__.._ 654, 696, 744, 1685, 2126, 2207
--Georgia Health Code; grants for medical
facilities _...___....._.__. _____..._.._.._...._...___ 1536, 1692, 1847, 1866, 2132
--Drivers' license; revocation if convicted of certain
offenses
_ ,,__..........._._.654, 696, 744, 1992
3208
INDEX
SB 76
SB 77 SB 78
SB 80
SB 83
SB 85 SB 86
SB 88
SB 89
SB 90
SB 92
SB 93 SB 94
SB 97
SB 98
SB 99
SB 100
SB 102 SB 109
SB 110
SB 114 SB 115
SB 117
SB 119 SB 120 SB 121 SB 123 SB 124 SB 126
--Eminent domain; service upon non-resident ___.. 1270, 1313, 1362,
1991, 2383
--Funeral establishments; license .........1143, 1206, 1258, 1369, 2162
--Funeral service contracts; pre-need ____. 1144, 1206, 1258, 1369,
2159, 2388
--Drugs; unlawful to procure administration ___..----556, 567, 583,
840, 1961
--State funds; fiscal explanation to accompany legislation
affecting ___________..._-________.__._____._._-___1270, 1313, 1362, 1863
--Statewide Teachers Tenure Law; create --..--...1074, 1206, 1259
--State Senatorial Districts; Senators elected by
districts ._ . _________ .__._.__._._.- 828, 838, 937, 2077, 2399, 2401
--Regulated certificated banks;
incorporate _______....._----_______1144, 1207, 1259, 1530, 1965, 2144,
2156, 2207, 2346, 2389
--Private banks or private bankers; regulated under Banking
Laws --__-____1074, 1207, 1259, 1530, 2134, 2156, 2207, 2344, 2389
--Optometry; Georgia Administrative Procedure Act;
appeals __...___----.-_____....._-_.-_._-__938, 1205, 1258, 1263, 2157
--Day Care Centers, mentally retarded; powers of Department of
Public Health ____-.______._____..___..._..-_. 583, 623, 665, 1076, 2183
--Honeybees; inspection of colonies --...1535, 1538, 1666, 1684, 2185
--Savannah, City of; Municipal Court;
salaries .__......_.._____..__.----___.____.._. 1144, 1207, 1259, 1367, 1388
--University System of Georgia; powers of campus
policemen ___._._._-._..____...____._.._.__-____.1270, 1314, 1362, 1691, 2173
--Teachers' Retirement System; pension
allowance _-_._-___.._..____________.._.....1074, 1207, 1259, 1864, 2415
--Greenville, Town of; provide for a Mayor and
Councilmen .___.. ______ 1071, 1207, 1259, 1367, 1388
--Georgia Pharmaceutical Association;
vacancies _.
__..__ 653, 696, 744, 840, 1963
--Trust companies; paid-in stock ____.___1308, 1314, 1362, 1864, 2508
--Minimum Foundation Program of Education Act;
local units; sick leave expenses _-____--________._____.1270, 1314, 1362
--Houston County; Board of Commissioners; Posts
4 and 5 separate from each other .__.... 654, 696, 744, 1264, 1277
--Graduate nurses; qualifications _____1074, 1207, 1259, 1263, 1952
--Jurors; number of names that may be drawn ..__.__1071, 1207, 1259,
1685, 2556
--Baldwin County; Sheriff's salary _..._______1680, 1692, 1847, 1866,
2004
--License plates; disabled veterans _____....__ 1143, 1208, 1260, 1262
--Motor vehicles; safety belts _-____.___.______1683, 1692, 1847, 1992 --Motor vehicle inspection; safety belts __..__.1682, 1692, 1847, 1992 --Public schools; wildlife curriculum ....1535, 1538, 1666, 1864, 2199 --Trust funds; uninvested funds ___.__1364, 1456, 1527, 1864, 2510
--Court bailiffs; maximum allowable salary ..... 1270, 1314, 1362, 1685, 2181
SB 127 SB 129 SB 130 SB 131 ,SB 133 SB 134 SB 135 SB 136 SB 137 SB 138 SB 139 SB 141 SB 143 SB 144
SB 145
SB 148 SB 149 SB 150 SB 157 SB 158 SB 159 SB 164 SB 166 SB 167 SB 168 SB 169
INDEX
3209
--Traffic Violations Bureau; judges may establish in municipalities _-----_--___.- 938, 1205, 1258, 1367, 2171, 2268
--Civil and criminal cases; truth of pauper's affidavit __..__...-__-_-_..--_....._....1683, 1692, 1847, 1990, 2350
--Tax digests; colored taxpayers compiled separately; delete _....__...____.--._..____.-___1364, 1456, 1527, 1685, 2191, 2270
--Bail trover to recover personalty; confinement of defendant -__...._.....-.-_.___....--...__._____________1850, 1897, 1968
--State Highway Department; employees' merit system coverage .-_...._.-....____.._....___ 1271, 1314, 1362, 1531, 1956
--Construction; additional time on completion date ....___ ..............._______________________----...1683, 1693, 1847
--Teachers' Retirement System; contributions _..._._.1536, 1693, 1848, 1864, 2163
--Pleadings; unconstitutional provisions ______-____.-1683, 1693, 1848, 1991, 2355
--State Employees' Eetirement System; involuntary separation ----.------_--- _--______-1535, 1538, 1666, 1991
--Motor Vehicles Certificate of Title Act; serial plates __._--____----__..----__.._.-.--.-1270, 1314, 1363, 1687, 1957
--Driver's license; operator's class, minimum age -._._.___--___.._.................1271, 1315, 1363, 1997
--Four-wheel trailers; licensing and registration __.____._____..__.____1536, 1693, 1848, 1992, 2370, 2390
--Driver's license; veterans .._...._._____.___.______1535, 1538, 1667, 1687 --Georgia State Scholarship Commission; agency
and budget unit within State Government....... 1537, 1693, 1848, 1994, 1998, 2200
--Georgia Higher Education Assistance Corporation; budget unit within State Government................1683, 1693, 1848, 1998, 2202
--East Point, City of; Ward "A"; annex certain territory _________..______.__.____._________._.__..1144, 1208, 1260, 1687, 1708
--Hapeville, City of; exclude certain territory .._.___.1144, 1208, 1260, 1687, 1708
--East Point, City of; elections on annexation ----.1144, 1208, 1260 --Jury Clerks; Judge, Superior Court, has power
to appoint ------..----------1683, 1694, 1848, 1991, 2082, 2388
--Drugs; dispension by pharmacists _....1684, 1694, 1848, 1996, 2381
--Nudism; practice against public policy _..__._1364, 1456,1527,1996, 2378
--Mental Health Interstate Compact; State shall be a party ....____..._...........____._______.__...._...____..._...1270, 1315, 1363
--Desecration of burial place; penalty -..____._..__.___1364, 1456, 1527
--Poisonous snakes; penalty for mishandling .---1680, 1695, 1850
--Narcotic drugs; penalty for furnishing to minor .---- 1863, 1897, 1968
--Courts; life imprisonment in lieu of death penalty for certain crimes ...------------------------1971, 1989, 2073
3210 SB 171 SB 173 SB 174 SB 175 SB 178 SB 179 SB 180 SB 182 SB 183 SB 187 SB 189 SB 194 SB 196 SB 197 SB 199 SB 201 SB 202 SB 204 SB 206 SB 210 SB 211 SB 212 SB 214 SB 216 SB 217
INDEX
--Metropolitan Atlanta Rapid Transit Authority Act of 1965; amend -.-.____....___.1683, 1694, 1849, 1992, 2175, 2269
--School property tax; use of appraisals ______1851, 1897, 1969, 2078, 2421, 2517
--Teachers' Retirement System; voluntary contributions .____.______.___.__....__._.____-_____..___.____.1537, 1538, 1667, 1864
--Cobb County; medical examiner; create office ...__..._____._.._._..______.___._.___.___._.__.1144, 1208, 1260, 1686, 1708
--Elections; candidates' qualifying time in primaries ..__.___..._._-._.-___._.___._____._.1364, 1457, 1527, 1685, 1929
--State Revenue Department; Commissioner's duties ...1680, 1695, 1850
--Atkinson County; judge's qualifications ......__.. 1144, 1208, 1260, 1367, 1388
--Land annexation; municipalities --.--.....1850, 1897, 1968, 1992, 2147, 2269, 2359, 2389, 2396
--Fiscal Affairs Sub-Committee; create __.....1209, 1315, 1363, 1688, 2196, 2388
--Atlanta, City of; exclude certain territory ..........1271, 1315, 1363, 1533, 1585
--Credit Unions; incorporation ._....._....._.__.__..... 1862, 1989, 2073 --Fulton County; appointment of Deputy
Ordinary ....___...,,.._......__......__._._..___._____1680, 1694, 1849 --Maysville, Town of; Mayor and aldermen;
date of election __.____.__________1680, 1694, 1849, 2215, 2226, 2389
--Atlantic Coastal Tourist Commission; create _.__.___.._.._..___....___.....______..__....._..._.......1862, 1989, 2073, 2215
--Secretary of State; branch depositories----1364, 1539, 1686, 1954
--Statewide Probation Act; criminal sentences -___.....,,.___...._.___.--....__...... 1684, 1695, 1849, 1991, 2351
--Jackson County; sheriff's salary ...........1985, 1990, 2074, 2215,
2226, 2389
--Atlanta Judicial Circuit; manner in which judges
shall dispose of business -___..........._._-_.-.-....._.....1984, 1990, 2074
--Jackson County; Board of Commissioners; change
salaries ...... 1985, 1990, 2074, 2215, 2225
--Department of Commerce; publicity for the
State ..
-__.____._.._..._._____..____....1970, 1989, 2073, 2215
--Savannah, City of; Mayor and Aldermen; establish
pension system for employees ____._.--.--.__._--_.__ 1680, 1695, 1849
--Container grown products; define ............1986, 1994, 2075, 2214, 2503
--Real estate titles; quiet title proceedings __...__...._1851, 1898, 1969, 1992, 2406
--Milledgeville, City of; elections; change date ......._.....___.._._....____...._________....___.___.1852, 1898, 1969, 2076, 2224
--Milledgeville, City of; City taxes, date due and payable ......._...._._..._......._.....-...............1852, 1898, 1969, 2076, 2224
SB 221 SB 229 SB 231 SB 234 SB 236 SB 237 SB 238 SB 239
INDEX
3211
--Minimum Foundation Program of Education Act; school capital facilities ..........._.________________1986, 1994, 2075, 2076
--Gwinnett Judicial Circuit; Solicitor General's salary _______________________________________________....1984, 1993, 2074
--Department of Public Health; physical defects to human anatomy -....___-.-..__.--_..._._.._.____.___.1971, 1989, 1996, 2074
--Fulton County; tax minimum interest payment of $1.00 .-_____-_...1852, 1898, 1969, 2078, 2215, 2223, 2229, 2625
--Augusta, City of; municipal court; compensate of certain personnel __.._________,,. 1852, 1898, 1969, 2077, 2079, 2208
--Miller County; sheriff's salary ..___..._.___...._1852, 1898, 1970, 2076, 2081, 2208
--Bulloch County; Superior Court Clerk's salary .-___.__.....___.........___..__.__..._. 1985, 1993, 2074, 2077, 2225
--Chattooga County; deputy sheriffs and jailers; salary .-...__.....___...-....._....._...__.._..1984, 1993, 2074, 2077, 2225
3212
INDEX
Part V
NUMERICAL TABULATION
SENATE RESOLUTIONS IN HOUSE
SR 1 SR 3 SR 7 SR 8 SR 9 SR 11 SR 13 SR 14 SR 15 SR 17 SR 20 SR 24 SR 25 SR 27
SR 29 SR 38
SR 39 SR 42 SR 47
SR 49
--Notify House that Senate organized __--------------_--,,-- 32 --Viet Nam; express support for United States
Government policy ----------_ ------------_--__-------- 32, 85 --Gibson, J. M. "Hoot"; designate bridge ------307, 311, 325,839 --State Constitution; method of amending; amendment
to the Constitution --------_----------_--------.1365, 1537, 1665 --Ad valorem tax; exemptions; amendment to the
Constitution _------------------------ ---------------482, 492, 555 --Public transportation; taxation; amendment to the
Constitution _----------------...-- .417, 437, 480, 485, 2198, 2518 --Federal income tax; request Congress for authorization
to retain 10% ----------------------------------___-------- 101, 104 --Governor-elect; succession; amendment to the
Constitution _._----------------_--------------1986, 1993, 2075 --Farm and forest lands; taxation; amendment to the
Constitution ___________--------417, 437, 480, 486, 914, 1269, 2027 --Lockheed-Georgia Corporation; commend --------__ --------188, 247 --Georgia Tech-University of Georgia; televising of
football games _-----------_---_----------------188, 247 --Lay, Charlie; designate bridge --------------._.._. 1985, 1990, 2074 --Outdoor advertising and junk yards; removal;
amendment to the Constitution ---- 1365, 1537, 1666, 1991, 2360 --Department of Industry and Trade; promotion of
tourism; amendment to the Constitution ----1680, 1695, 1849, 1997, 2368
--State Board of Education; members' election; amendment to the Constitution -------------------- 1684, 1695, 1850, 2076
--Area school systems and area schools; establish; amendment to the Constitution ...----_._.. 1863, 1987, 1995, 2072, 2424, 2472, 2538
--Cherokee County Board of Education; vacancies; amendment to the Constitution ---- 1970, 1987, 2072, 2076, 2230
--McCullar, Mrs. Bernice; commend ..------------------------654, 784
--Cobb County Board of Education; members' salary; amendment to the Constitution ___._------1970, 1988, 2072, 2215, 2249, 2517
--Central computerized criminal records system; create study committee __.____--__._.--1635, 1538, 1666, 2215, 2507
SR 55 SR 61 SR 62 SR 64
SR 65 SR 66 SR 67 SR 70
SR 73 SR 74 SR 79
SR 80 SR 81 SR 83 SR 86 SR 87 SR 88 SR 105 SR 125
INDEX
3213
--George, Honorable Walter Franklin; memorial to be placed in State Capitol ------_--_. 1682, 1691, 1847, 1992, 2204
--Fulton County; Sonoco Products Company's bid to lease certain land _____----___ 1986, 1993, 2075, 2078, 2408
--State Parks; lakes and ponds; authorization to stock --_____--__--_-----_----------- 1850, 1896, 1968, 1995
--Atlanta-Fulton-DeKalb County; establish Local Government Commission _..__--_.._..1853, 1897, 1969, 2215, 2222, 2223, 2516
--State Laison Office in Washington, D. C.; create study committee __--._-----_----_ 1851, 1896, 1968, 1997, 2568
--Polk County School District; create; amendment to the Constitution --------._------__.---- 1971, 1988, 2072, 2077, 2233
--Lumpkin County Board of Education; Superintendent; amendent to the Constitution ____.-- 1970, 1988, 2072, 2077, 2241
--Chatham County; Georgia Ports Authority; local assurer agreement ...--._------__.__..1851, 1896, 1968, 2078, 2373, 2390, 2403, 2495, 2496
--Atlanta-Fulton County; Local Education Commission, re-establish _.___----___----_1863, 1988, 2072, 2076, 2229
--State Scholarship Commission; appropriations; amendment to the Constitution __--_ 1971, 1988, 2073, 2076, 2375
--Jasper, City of; Industrial Development Authority; create; amendment to the Constitution __._.___.1971, 1988, 2073, 2077, 2243
--Air Pollution Study Committee; create ---..--1851, 1896, 1997, 2560
--General Assembly; four year terms for members; amendment to the Constitution --____---------- 1970, 1989, 2073
--Governor's Mansion; disposal of present tract of land --._-__--_----__--------____.--...1986, 1994, 2075, 2078, 2505
--Governor's Commission on Efficiency and Improvement in Government; commend ------___------_____---- 1863, 2569
--Black Rock State Park; execution of license agreements conveying water rights ,,._____----____ 1986, 1994, 2075, 2078
--Kirk, G. M.; commend ----.--.-----__------_____------.1863, 2570 --Beckwith, Major Charles A.; commend ,,...._.-_....--.2094, 2571 --President of U. S.; invite to meeting in Rome, Ga. --...2221, 2271