JOURNAL OF THE HOUSE OF REPRESENTATIVES OP THE STATE OF GEORGIA AT THE REGULAR SESSION Commenced at Atlanta, Monday, January 9, 1967 and adjourned Friday, March 17, 1967 1967 LONGING & PORTER, INC. ATLANTA OFFICERS OF THE HOUSE OF REPRESENTATIVES 1967-1968 GEO. L. SMITH II.__________...__________Speaker 54th DISTRICT, EMANUEL COUNTY MADDOX J. HALE________________Speaker Pro Tern 1st DISTRICT, DADE COUNTY GLENN W. ELLARD_______________________Clerk HABERSHAM COUNTY JACK GREEN _________________________Assistant Clerk FULTON COUNTY JANETTE HIRSCH_____________________Assistant Clerk FULTON COUNTY AMELIA SMITH __...___.____-..___.-___.__._._.___.__.__..______..__.^_..__.Assistant Clerk FULTON COUNTY ELMORE C. THRASH ..-____.___._.....__.._--_-._.._..Messenger LOWNDES COUNTY MARION TOMS _..__.-._.-_--_-.__.__._____-_-_____.__Doorkeeper QUITMAN COUNTY HOUSE JOURNAL Representative Hall, Atlanta, Georgia Monday, January 9, 1967 The Representatives-elect of the General Assembly of Georgia for the years 1967-1968 met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock a.m., this day and were called to order by Honorable Glenn W. Ellard, Clerk of the House of Representatives. Prayer was offered by Rev. Vernard E. Robertson, Pastor, First Methodist Church, Americus, Georgia. The following communication from Honorable Ben W. Fortson, Jr., Secretary of State, certifying the Representatives-elect for the years 1967-1968 was received and read: SECRETARY OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta, Georgia 30334 January 9, 1967 Honorable Glenn W. Ellard Clerk of the House of Representatives State Capitol Atlanta, Georgia Dear Sir: I am transmitting herewith the names of the Representatives elected in the General Election held on November 8, 1966, to represent the various Representative Districts in the General Assembly for the years 1967-68; as the same appear from the Consoliated returns which are of file and record in this office. Sincerely yours, BWF/lw enclosures 1st Bade & Walker 2nd Catoosa 3rd Whitfield & Murray Ben W. Fortson, Secretary of State No. 1 No. 2 No. 3 No. 1 No. 1 No. 2 No. 3 Maddox J. Hale William J. Crowe Wayne Snow, Jr. Bert Ward Jack H. Cole Virgil T. Smith Gerald H. Leonard 4th 5th 6th 7th 8th 9th 10th llth 12th 13th 14th 15th 16th 17th 18th 19th 20th 21st 22nd 23rd 24th 25th 26th 27th 28th 29th 30th 31st 32nd 33rd 34th 35th 36th 37th 38th 39th 40th 41st 42nd JOURNAL OF THE HOUSE, Fannin Lumpkin & Union Rabun, Towns & White Chattooga Gordon Gilmer & Pickens Dawson & Forsyth Habersham Stephens Floyd Bartow Cherokee Hall Banks & Madison Franklin Hart Polk Paulding Gwinnett Barrow Jackson Elbert Haralson Douglas Walton Clarke Oconee & Oglethorpe Lincoln, Taliaferro & Wilkes Carroll Coweta & Heard Spalding Clayton & Fayette Henry Newton Greene & Morgan Hancock & Putnam Glascock, McDuffie & Warren Columbia Troup -- -- -- -- -- -- -- -- -- No. 1 No. 2 No. 3 No. 1 No. 2 -- No. 1 No. 2 No. 3 -- -- -- No. 1 No. 2 -- No. 1 No. 2 -- -- -- -- -- -- No. 1 No. 2 -- -- No. 1 No. 2 No. 1 No. 2 No. 1 No. 2 No. 1 No. 2 No. 3 -- -- -- -- -- -- No. 1 No. 2 Howard Kaylor Carlton H. Colwell Fulton Lovell James H. (Sloppy) Floyd Tom L. Shanahan Howard Simmons James A. Otwell, Jr. Thomas T. Irvin Don C. Moore Sidney Lowrey Jerry Lee Minge Richard L. (Dick) Starnes, Jr. Joe Frank Harris David N. Vaughan, Jr. Thomas A. Roach W. M. (Bill) Williams J. Robert Cooper Joe T. Wood Edwin Carroll Poss A. T. Mauldin Harry Magoon John Harvey Moore Nathan Dean Homer Leggett Norris J. Nash James D. Mason James W. Paris Mac Barber Dr. A. S. Johnson, Sr. Thomas B. Murphy Kent Dickinson C. C. Moreland Leon Farmer, Jr. Chappelle Matthews Hubert H. Wells Ben Barron Ross William J. Wiggins Jack E. Threadgill D. B. (Brack) Blalock George W. Potts Quimby Melton, Jr. Clayton Brown, Jr. Wm. J. (Bill) Lee Arch Gary Lamar Dailey Northcutt Ray M. Tucker W. D. Ballard Ezekiel Roy Lambert Marvin E. Moate Bobby W. Johnson Glenn S. Phillips J. Crawford Ware Edwin G. (Ed) Mullinax 43rd 44th 45th 46th 47th 48th 49th 50th 51st 52nd 53rd 54th 55th 56th 57th 58th 59th 60th 61st 62nd 63rd 64th 65th 66th 67th 68th 69th 70th 71st 72nd 73rd 74th 75th 76th 77th 78th 79th 80th 81st 82nd 83rd MONDAY, JANUARY 9, 1967 Meriwether Lamar & Pike Butts & Monroe Jasper & Jones Baldwin Johnson & Washington Jefferson Burke & Jenkins Upson Crawford & Peach Twiggs & Wilkinson Emanuel Screven Chattahoochee, Stewart & Webster Marion & Taylor Maeon & Schley Houston Laurens Montgomery, Treutlen & Wheeler Toombs Candler & Evans Bulloch Bryan & Effingham Quitman & Randolph Lee & Terrell Sumter Crisp & Dooly Dodge Bleckley & Pulaski Ben Hill Telfair & Wilcox Appling Long & Tattnall Liberty & Mclntosh Wayne Baker, Calhoun & Clay Dougherty Worth Irwin & Turner Coffee Ware -- -- -- -- No. 1 No. 2 No. 1 No. 2 -- No. 1 No. 2 -- -- -- -- -- -- -- -- No. 1 No. 2 No. 1 No. 2 -- -- -- No. 1 No. 2 -- -- -- No. 1 No. 2 No. 1 No. 2 -- -- -- -- -- -- -- -- -- No. 1 No. 2 No. 3 No. 4 -- -- -- No. 1 No. 2 Claude A. Bray J. R. Smith Harold G. Clarke John H. Hadaway J. Ployd Harrington Philip M. Chandler Francis A. Joiner Emory L. Rowland J. Roy McCracken Preston 3. Lewis A. Sid Newton Johnnie Lafayette Caldwell Daniel K. Grahl A. T. Land, Sr. Geo. L. Smith II H. Walstein Parker J. Lucius Black Ward Edwards Carl Preston Savage, Sr., M.D. Paul Stalnaker David C. Peterson Carlus D. Gay Dubignion (Dub) Douglas Joe C. Underwood John F. Collins Hines L. Brantley W. Jones Lane Paul E. Nessmith, Sr. Court contest J. T. (Jake) Dailey H. Goodwin Hall Clarence A. Parker Mrs. Janet S. Merritt Howard H. Rainey Rooney L. Bowen Dr. Frank P. Holder, Jr. John H. Anderson, Jr. A. B. C. (Brad) Dorminy Norman B. Doster E. O. (Gene) Branch Dewey D. Rush Charles M. Jones Glenn Thomas, Jr. W. Harvey Jordan George D. Busbee Colquitt Hurst Odom R. S. (Dick) Hutchinson William S. (Billy) Lee W. J. Crowe Harry Mixon George Jordan Ottis Sweat, Jr. Harry D. Dixon 84th 85th 86th 87th 88th 89th 90th 91st 92nd 93rd 94th 95th 96th 97th 98th 99th 100th 101st 102nd 103rd 104th 105th 106th 107th 108th 109th 110th lllth 112th 113th 114th 115th JOURNAL OF THE HOUSE, Brantley & Pierce Glynn Early Miller & Seminole Mitchell Decatur Grady Bacon & Jeff Davis Thomas Tift Colquitt Lowndes Berrien & Cook Atkinson, Clinch, Echols & Lanier Camden & Charlton Brooks Harris & Talbot Cobb Cobb Cobb Richmond Richmond Richmond Bibb Bibb Bibb Muscogee Muscogee Muscogee Muscogee Chatham Chatham -- No. 1 No. 2 -- -- -- No. 1 No. 2 -- -- No. 1 No. 2 -- No. 1 No. 2 No. 1 No. 2 No. 3 -- -- -- -- -- No. 1 No. 2 No. 1 No. 2 -- No. 1 No. 2 No. 1 No. 2 No. 1 No. 2 -- -- No. 1 No. 2 No. 3 No. 4 No. 1 No. 2 No. 1 No. 2 No. 1 No. 2 No. 3 No. 1 No. 2 No. 1 No. 2 No. 1 No. 2 S. D. Nimmer Reid Walker Harris Richard Morgan Scarlett William Mobley Howell Donald R. Kirksey Marcus Collins Hubert Dollar Anthony Wallace Cato Burton M. Wamble James J. (Jimmy) Conner Jamie W. Oglesby Henry P. Russell, Jr. Henry Bostick Billy Gene Tallin Dorsey R. Matthews B. Jack Sullivan H. M. Barfield Jim T. Bennett, Jr. Alien LaRue Parrish, Sr. Robert C. (Bobby) Pafford Robert Ward Harrison, Jr. Henry L. Reaves William Burton Steis G. Robert (Bob) Howard Hugh Lee McDaniel Joe Mack Wilson Dr. J. H. (Jack) Henderson, Jr. Bill Cooper R. A. Dent Donald E. (Don) Cheeks R. Luke DeLong John H. Sherman William M. Fleming, Jr. Regnald Maxwell, Jr. Carr Glover Dodson Mitch Miller W. E. (Bill) Laite, Jr. Ed Knapp Joe F. Ragland Roger Wesley Wilson C. Ed Berry Albert W. Thompson I. Lawrence Shields Roscoe Thompson Mac Pickard Milton Jones Thomas B. Buck, III Arthur M. Gignilliat, Jr. Jack K. Berry Alan S. Gaynor W. Lance Smith J. Robert (Bob) Tye George W. Whaley, Jr. MONDAY, JANUARY 9, 1967 116th Chatham 117th DeKalb & Rockdale 118th DeKalb 119th DeKalb 120th 121st 122nd 123rd Fulton Fulton Fulton Fulton 124th 125th 126th 127th 128th 129th 130th 131st 132nd 133rd 134th 135th 136th 137th 138th 139th 140th 141st Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton Fulton No. 1 No. 2 No. 3 No. 1 No. 2 No. 3 No. 4 No. 1 No. 2 No. 3 No. 4 No. 1 No. 2 No. 3 No. 4 No. 1 No. 2 No. 3 Willis J. (Dick) Richardson, Jr. Joseph A. (Joe) Battle Arthur J. Funk Clarence R. Vaughn, Jr. Tom Palmer W. B. Malone George W. Smith J, Robin Harris Robert H. Farrar Bob Walling Elliott H. Levitas Walt Davis L. F. Jenkins James R. Westlake Joe S. Higginbotham Fred L. Winkles Guy Hill Young Hugh Longino Rodney M. Cook Cecil Turner Goodwyn (Shag) Gates John Hood G. D. Adams, Jr. Dick Lane Dr. William J. (Bill) Cox Tom Dillon Charlie L. Carnes Nick G. Lambros William A. (Bill) Sims, Jr. Rev. J. D. Grier, Jr. William H. Alexander J. C. Daugherty Ben Brown Julian Bond Mrs. Grace T. Hamilton Devereaux F. McClatchey Haskew H. Brantley, Jr. Kil Townsend Michael J. Egan, Jr. names: Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook 10 Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Grier Hadaway Hale Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Irvin Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. JOURNAL OF THE HOUSE, Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Minge Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughan Vaughn Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood Mr. Speaker MONDAY, JANUARY 9, 1967 11 The oath of office was administered to the Representatives-elect by the following Superior Court Judges of the State of Georgia, all of whom are former members of the House: Judge Dan Flexer of the Brunswick Judicial Circuit Judge Luther Alverson of the Atlanta Judicial Circuit Judge Jack Etheridge of the Atlanta Judicial Circuit Judge J. L. Davis of the Cherokee Judicial Circuit Judge William Dean of the Stone Mountain Judicial Circuit Judge Robert E. Coker of the Lookout Mountain Judicial Circuit Judge H. W. Lett of the Alapaha Judicial Circuit Judge Ben Hodges of the Waycross Judicial Circuit. The next order of business being the election of a Speaker of the House for the ensuing term of two years, Mr. Harris of the 118th placed in nomination the name of Honorable George L. Smith of the 54th, which nomination was seconded by Messrs. Steis of the 100th and Punk of the 116th. Mr. Busbee of the 79th 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 nominee. The motion prevailed and the Honorable George L. Smith of the 54th District was declared elected Speaker of the House for the ensuing term of two years. The Chair appointed as a committee to escort the Speaker to the Speaker's stand the following members of the House: Messrs. McCracken of the 49th, Joiner of the 48th, Lewis and Newton of the 50th, Parker of the 55th, Nessmith and Lane of the 64th, Brantley of the 63rd, Collins of the 62nd, Underwood of the 61st, Gay and Douglas of the 60th. Honorable George L. Smith was escorted to the Speaker's stand and in appre ciation of the honor again conferred upon him, delivered the following address: Mr. Clerk, Ladies and Gentlemen of the House: Humility, to some has become in recent years an overworked word. But, in searching for a word to describe my feelings here today it is the only one--over worked or not--that does the job adequately. George L. Smith today is humble--grateful--proud--and appreciative. With all the sincerity in my being, I want to express that appreciation in a few words to the members of the House for your action in choosing me as your presiding officer. Our friends in the news profession have written more than once that George L. Smith II would rather stand here at the podium presiding over the session of the House of Representatives of the State of Georgia than to be Governor of this great State. The writers and news analysts have an uncanny knack for hitting the nail on the head. I am proud that I have been a member of this illustrious branch of Govern ment for more than twenty-two years. 12 JOURNAL OF THE HOUSE, It has become more and more a part of my life. I am filled with humility and pride in being chosen again as your Speaker . . . and as your Speaker, I will be working day and night to merit the confidence and trust imposed in me. But enough about Geo. L. Smith--let's look forward to the days ahead in what undoubtedly will go down in the history books as one ojjthe most important Legislative Sessions in the history of our State. ^ Within a few hours, the eyes and ears of the world will be focused again on this chamber when a Joint Session is convened to untangle one of the greatest governmental snarls of our time. Personally, I am glad that the representatives of the news media from throughout the nation will be our guests. I want them to observe and chronicle for readers--listeners--and viewers, the dignity and responsibility maintained by the General Assembly of Georgia in tackling this or any other thorny problem. After that decision is made--we must settle down to days and weeks of hard work. I know you are ready. For the first time in my knowledge, the Georgia House starts its delibera tions as an entirely independent law making body. You members have chosen your officers without suggestions or prompting from the Executive Branch of Government. That, in itself, was one of the most significant developments since statehood. We start out an independent House. Whether that independence becomes a part of our governmental set-up for all times largely depends upon you. Always when anything new is started, there are questions: "Will it work?" I say that it will and that the beneficiaries will be the more than four million people of Georgia. Coupled with that independence--and even more important--is responsibility. Any failure to measure up and shoulder that responsibility will be followed by criticism. I say that it will be at a minimum. Never has that responsibility been more graphically emphasized than in the start of deliberations over a matter of prinie importance. I refer to the Appropriations Bill for state operations, which will be introduced in the House in a very short time. MONDAY, JANUARY 9, 1967 13 An appropriation bill is the state budget--a recording of the revenue anticipated over a two-year period, and a directive by the General Assembly on how the money should be spent to bring the maximum benefit to our people. It is their money. They have chosen us to be the guardians of it and how it is spent. The Bill will involve the allocation of more than one billion six hundred million dollars. That, of course, is an all-time record and that is good. Judging by the past, the Appropriations Bill coming before the House two years from now will in volve an even greater sum. I want at this time to urge that the members of the Appropriation Com mittee and all other members of the House take a hard--challenging look at the Bill when it comes before us. Examine it carefully in every minute detail. Ask questions of the con stitutional officers--department heads--fiscal officers and others who will come before the Committee. Call for records and thorough explanations of budget requests. Demand that those who appear before you justify those requests. We must be on guard against waste--zealously trying to be absolutely sure we are making the right decisions, so that benefit and progress will continue--and that our people will get their money's worth. Look ahead as you go through this project. Ask yourselves individually if any new progress or expanded programs written into it might call for new or expanded tax demands by some groups in the not too far distant future. It is my hope that with judicious allocation of money provided by the people under the current tax base notice, no necessity will arise to ask for more. When and if the day comes that further tax action will be necessary, it should be at the demand of the people. Later, we face another grave task. That will be further re-apportionment as ordered by the Federal Courts. The Georgia House again can be counted upon to do its part in performing that task. Again, let me thank you from the bottom of my heart for the honor you have bestowed upon me. Now, let's get to work. 14 JOURNAL OF THE HOUSE, The next order of business being the election of a Clerk of the House, Mr. Busbee of the 79th placed in nomination the name of Honorable Glenn W. Ellard of Habersham County, which nomination was seconded by Mr. Matthews of the 29th. Mr. Busbee of the 79th moved that the nominations be closed and that the Deputy Clerk be instructed to cast the vote of the entire body for the nominee. The motion prevailed and the Honorable Glenn W. Ellard of Habersham County was declared elected Clerk of the House for the ensuing terms of two years. The Speaker appointed the following committee to escort the Clerk to the Clerk's stand: Messrs. Irvin of the llth, Moore of the 12th, Lovell of the 6th, Williams of the 16th, Colwell of the 5th and Pickard of the 112th. Mr. Ellard was administered the oath of office by the Speaker and addressed the members of the House as follows: MR. SPEAKER--LADIES AND GENTLEMEN OF THE HOUSE: First, permit me to thank the gentleman from Dougherty, the gentleman from Chattooga and the gentleman from Clarke for their generous and kind words in my behalf. I am most grateful to these warm personal friends for their complimen tary remarks. Secondly, I want to thank all of you, for all of us in the Clerk's office for having re-elected us. I speak in the plural for the reason that I consider our office to be a team, rather than an individual, which it is my happy privilege to head. I have said on several previous occasions, and I repeat this morning, that the Clerk's office belongs to you and all the people of Georgia. It is our desire to operate it in a manner pleasing to you. If we do, it is simply our duty to have done so, and we deserve no commendation for it. If, on the other hand, you have any criticism to offer, please make it known to us and we will correct it, if it is within our power to do so. As I begin my 9th year as Clerk, I do so humble in spirit and with a grateful heart for this wonderful experience. And finally, it is our wish that your session will be enjoyable, constructive and reflect much credit upon yourselves and upon our great state. I thank you. The following Resolutions of the House were read and adopted: HR 1. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th: A RESOLUTION To notify the Senate that the House has convened; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate MONDAY, JANUARY 9, 1967 15 that the House of Representatives has convened in regular session, has organized by the election of Honorable Geo. L. Smith II of the 54th 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 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee 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 trans action of business. Pursuant to the provisions of HR 2, the Speakers appointed as a committee on the part of the House the following members thereof: Messrs. Roach of the 15th, Melton of the 34th, Harrington of the 47th, Thomas of the 77th, Bennett of the 95th, Henderson of the 102nd and Levitas of the 118th. HR 3. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th: A RESOLUTION Relative to officials, employees, and committees in the House of Representatives; and for other purposes. PART I. BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that the following provisions shall be in effect during the 1967 and the 1968 regular sessions of the General Assembly: 1. The Speaker of the House is authorized to appoint and employ personnel and fix the compensation therefor as follows: (a) Four aides, each of whom shall be compensated in an amount not to exceed $25 per diem, plus $25 per day expenses. (b) Four secretaries, each of whom shall be compensated in an amount not to exceed $25 per diem, plus $25 per day expenses. (c) Two persons skilled in legislative matters, each of whom shall be compensated in an amount not to exceed $25 per diem, plus $25 per day expenses. 16 JOURNAL OF THE HOUSE, (d) A Sheriff for the House who shall be compensated in an amount not to exceed $25 per diem, plus $25 per day expenses. (e) Chaplains for the House, each of whom shall be compensated in an amount not to exceed $25 per diem, plus $25 per day expenses. (f) A Director of Pages and an Assistant Director of Pages, each of whom shall be compensated in an amount not to exceed $25 per diem, plus $25 per day expenses. (g) One additional Assistant Director of Pages who shall be com pensated in an amount not to exceed $25 per diem. (h) A Postmaster or a Postmistress and one Assistant Postmaster or Assistant Postmistress, each of whom shall be compensated in an amount not to exceed $25 per diem. (i) One Assistant Doorkeeper who shall be compensated in an amount not to exceed $20 per diem. (j) Fifteen Assistant Doorkeepers, each of whom shall be compen sated in an amount not to exceed $15 per diem. (k) Three porters, each of whom shall be compensated in an amount not to exceed $10 per diem. (1) Pages, each of whom shall be compensated in an amount not to exceed $3.00 per diem. (m) Secretaries, stenographers, typists, and aides for the use of the House, its committees and subcommittees, each of whom shall be compensated in an amount not to exceed $30 per diem. (n) Court Reporters for the committees of the House, the rate of compensation therefor to be agreed upon by the Speaker, the Chairman of the committee using such court reporter and the court reporter. 2. The Speaker Pro Tempore of the House is hereby authorized to appoint one secretary and fix the compensation therefor in an amount not to exceed $25 per diem, plus $25 per day expenses. 3. The Majority Leader of the House is hereby authorized to appoint one aide and fix the compensation therefor in an amount not to exceed $25 per diem, plus $25 per day expenses; and one secretary whose compensation shall be fixed in an amount not to exceed $30 per diem. 4. The Minority Leader of the House is hereby authorized to appoint one aide and fix the compensation therefor in an amount not to exceed $25 per diem, plus $25 per day expenses; and one secretary whose com pensation shall be fixed in an amount not to exceed $30 per diem. 5. The Administration Floor Leader of the House is hereby author ized to appoint one aide and fix the compensation therefor in an amount not to exceed $25 per diem, plus $25 per day expenses; and one secretary whose compensation shall be fixed in an amount not to exceed $30 per diem. Prior to serving as such, the Administration Floor Leader shall be certified as such by the Governor to the Speaker of the House and to the Clerk of the House. 6. The Clerk of the House is hereby authorized to appoint and employ personnel and fix the compensation therefor as follows: MONDAY, JANUARY 9, 1967 17 (a) Pour Assistant Clerks, each of whom shall be compensated in an amount not to exceed $25 per diem, plus $25 per day expenses, plus mileage as authorized by law for members of the General Assembly; one Reading Clerk, one Calendar Clerk and one Journal Clerk, each of whom shall be compensated in an amount not to exceed $25 per diem and $25 per day expenses. The Clerk shall also receive the above mileage. (b) Fourteen copy readers, fourteen typists, eight Multilith opera tors, five Xerox operators, three collator operators, and two sound machine operators, each of whom shall be compensated in an amount not to exceed $25 per diem. (c) Twelve porters, each of whom shall be compensated in an amount not to exceed $10 per diem. 7. The Doorkeeper of the House and the Messenger of the House, who are elected by the House, each shall be compensated in an amount to be fixed by the Speaker, but not to exceed $25 per diem, plus $25 per day expenses, plus mileage allowance as authorized by law for members of the General Assembly. PART II. BE IT FURTHER RESOLVED that the provisions of Part I of this resolution shall also be effective during the period between the first and second portions of the 1967 regular session and the Speaker, the Speaker Pro Tempore, the Majority Leader, the Minority Leader, the Administration Floor Leader, and the Clerk of the House are hereby authorized to keep their offices open and retain such of the foregoing officials and other personnel as they deem necessary and advisable dur ing such period. Such officials and personnel shall be compensated in an amount not to exceed the amount provided in Part I. During such period of time, the Speaker, the Speaker Pro Tempore, the Majority Leader, the Minority Leader, and the Administration Floor Leader shall each be a committee of one and shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees. The Appropriations Committee of the House is hereby authorized to remain at the Capitol during such period of time for the purpose of considering and studying the General Appropriations Bill. The Speaker is hereby empowered to give authorization of other standing committees of the House and such other committees as he might create to also remain at the Capitol during such period of time for the purpose of considering and studying other proposed legislation and other matters. Members of the Appropriations Committee and members of such other committees as shall be designated by the Speaker to remain at the Capitol shall receive the expense, mileage and travel allowances authorized by law for members of interim committees. PART III. BE IT FURTHER RESOLVED that after final adjournment of the 1967 regular session of the General Assembly until the convening of the 18 JOURNAL OF THE HOUSE, 1968 regular session of the General Assembly, and after final adjourn ment of the 1968 regular session of the General Assembly until the convening of the 1969 regular session of the General Assembly, except as provided in Part IV of this resolution, the following provisions shall be in effect: 1. The Auditing, Enrolling, Engrossing and Journals Committee is hereby authorized to remain at the Capitol five days after adjournment for the purpose of checking bills and resolutions, auditing expenses and transacting whatever other matters are necessary. The members shall receive the expense, mileage and travel allowances authorized by law for members of interim committees. 2. The Speaker and such personnel as he deems necessary are authorized to remain at the Capitol ten days after adjournment for the purpose of completing the work and records in the Speaker's office. For each such day, such personnel shall be compensated in an amount not to exceed the compensation and expenses received for each day during the regular session. After such ten-day period, the Speaker is authorized to keep his offices open for the transaction of the business of the House and for the convenience of the members of the General Assembly. He is authorized to employ such personnel as he shall deem necsesary and advisable for such periods of time as he deems advisable and to fix the compensation for such personnel. For each day spent on official business during the period of time covered in this part of this resolution, the Speaker shall be a committee of one and shall receive the expense, mileage and travel allowances authorized by law for members of interim committees. 3. The Clerk of the House and such personnel as he deems necessary are authorized to remain at the Capitol not to exceed thirty days after adjournment of each regular session for the purpose of completing the work and records in the Clerk's office. For each such day such per sonnel shall be compensated in an amount not to exceed the compensation and expenses received for each day during the regular session. After such thirty-day period the Clerk is authorized to keep his office open for the transaction of business and for the convenience of the members of the House, and the Clark shall receive $25 per day, plus expenses, plus travel and mileage allowance. The Clerk is authorized to employ not to exceed three secretaries and fix the compensation therefor at an amount not to exceed $25 per diem each. The Clerk is authorized to open his office seven days prior to the convening of any regular or extraordinary session of the General Assembly and to employ such per sonnel as he deems necessary and fix the compensation therefor not to exceed the amount provided in Part I of this resolution. 4. The Majority Leader and such personnel as he deems necessary are authorized to remain at the Capitol seven days after adjournment for the purpose of completing the work and records in his office. For each such day, such personnel shall be compensated in an amount not to exceed the compensation and expenses received for each day during the regular session. The Majority Leader shall be furnished office space, and for each day spent on official business during the period covered by this part of this resolution, such Majority Leader shall be a committee of one and shall receive the expense, mileage and travel allowances authorized by law for members of interim committees. MONDAY, JANUARY 9, 1967 19 The Majority Leader is hereby authorized to open his office seven days prior to the convening of any regular session of the General Assembly and employ such personnel as provided in Part I of this resolution and to be compensated as provided in Part I. 5. The Speaker is authorized to appoint committees from the mem bers 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 expense, mileage and travel allowances authorized by law for legislative members of interim legislative committees. The Speaker shall designate the Chair man of any such committee and shall prescribe the time for which any such committee is authorized to function. The Speaker is authorized to extend the time allowed for any committee, whether the committee is created by resolution or by the Speaker. The Speaker is authorized to designate standing committees or any subcommittee thereof to function during the interim for the purpose of performing such duties as the Speaker shall deem necessary. The members of any such committee or subcommittee shall receive the expense, mileage and travel allowances authorized by law for legislative members of interim legislative committees. PART IV. BE IT FURTHER RESOLVED that in the event of an extraordi nary session during the interim between the 1967 and 1968 regular session of the General Assembly or between the 1968 and the 1969 regular session of the General Assembly, the following provisions shall be in effect: 1. The Speaker of the House, the Speaker Pro Tempore of the House, the Majority Leader of the House, the Minority Leader of the House, and the Administration Floor Leader of the House are hereby authorized to appoint and employ the officials and employees authorized in Part I of this resolution for a period of time not to exceed seven days prior to the convening of such extraordinary session and terminating not later than ten days after final adjournment of said extraordinary session. Such officials and employees shall be compensated in an amount not to exceed that provided in Part I of this resolution. For the seven-day period prior to any such session, the Speaker Pro Tempore of the House, the Minority Leader of the House, and the Administration Floor Leader of the House shall each be a committee of one and shall receive the expense, mileage and travel allowances authorized by law for members of interim committees. For the seven-day period prior to any such session and for the ten-day period after final adjournment of any such session, the Speaker of the House and the Majority Leader of the House shall each be a committee of one and shall receive the expense, mileage and travel allowances authorized by law for members of interim committees. 2. The Clerk of the House is hereby authorized to appoint and employ the officials and employees authorized in Part I of this resolu tion for a period of time not to exceed seven days prior to the convening of such extraordinary session and terminating not later than thirty days after final adjournment of said extraordinary session. Such officials and employees shall be compensated in an amount not to exceed that provided in Part I of this resolution. 20 JOURNAL OF THE HOUSE, 3. The Doorkeeper and Messenger elected by the House are author ized to assume their duties during such extraordinary session and shall be compensated in an amount not to exceed that provided for in Part I of this resolution. PART V. BE IT FURTHER RESOLVED that during the period of time the provisions of Part IV of this resolution are in effect, the provisions of Part II and Part III shall be suspended and shall be of no force and effect. PART VI. BE IT FURTHER RESOLVED that during such time as any of the officials listed hereinafter are authorized to be at the Capitol, the Speaker, the Speaker Pro Tempore, the Majority Leader, the Minority Leader, the Administration Floor Leader, and the Clerk shall be fur nished suitable office space and are authorized to purchase and requisition all necessary supplies, equipment, services, utilities and maintenance necessary for the operation of their offices. PART VII. BE IT FURTHER RESOLVED that during his tenure of office the Speaker is authorized to appoint an Executive Aide and fix the compensation, expenses and allowances therefor. PART VIII. BE IT FURTHER RESOLVED that the funds necessary to carry out the provisions of this resolution shall come from the funds appro priated to or otherwise available to the legislative branch of government, and the State Treasurer is hereby authorized and directed to make the payments provided for hereunder, subject to the provisions hereof. HR 4. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th: A RESOLUTION Adopting the Rules of the House of Representatives; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that, except as herein provided, the Rules of the House of Represen tatives in force at the adjournment of the regular 1966 session of the General Assembly of Georgia are hereby adopted as the Rules of the House of Representatives for the 1967 session. BE IT FURTHER RESOLVED that Rules 8, 15, 36, 170, 215, 216, 220, and 222 are hereby repealed. MONDAY, JANUARY 9, 1967 21 BE IT FURTHER RESOLVED that Rules 19, 25, 33, 37, 58, 59, 65, 70, 113, 116, 118, 126, 127, 133, 142, 181, and 212 are hereby stricken and the following inserted in lieu thereof: "Rule 19. Each House is entitled to a Doorkeeper and Mes senger, to perform such duties as may be required of them, who shall be elected as provided for the election of Clerk of the House of Representatives and Secretary of the Senate, and who shall be compensated as provided by each House." "Rule 25. No person shall be entitled to enter upon the floor of the House except (1) members and officers thereof, (2) members and officers of the Senate, (3) the Governor of the State, (4) staff members of the Office of Legislative Counsel, (5) members of the press, telegraph, radio and television stations, and newsreel photog raphers, who bear proper credentials, and (6) such others as the House may allow upon recommendation of the Committee on Rules. Seats and spaces in the press section shall be assigned and desig nated by the Speaker. "Identification cards, signed by the Speaker and attested by the Clerk, shall be issued to all persons entitled to privileges of the floor under this rule. The Doorkeeper of the House is specifically charged with the duty of enforcing this rule. "The right is automatically reserved to the Speaker to refuse the issuance of or to revoke cards requested or issued to nonmembers of the House and Senate and, thereby, prohibit admittance. "Wives and children of the members of the House may be ad mitted on the floor of the House, provided they shall not be seated at the desk of any member. "No person shall be admitted on the floor of the House who is engaged in lobbying or who is attempting to influence legislation." "Rule 33. All committees shall be appointed by the Speaker, unless otherwise ordered by the House. The Speaker may create, in his discretion, within any standing committee, a subcommittee or subcommittees and constitute the membership thereof. Nothing herein contained shall be construed to limit the authority of the standing committees or the officers thereof. "Except for the Committee on Rules and the Committee on Interstate Cooperation, beginning with the appointments in 1967, a member shall remain on the committee to which he is appointed so long as he is a member of the House. In the event a member desires to change committees, he may make a request to the Speaker, and in the event a change can be accomplished, the Speaker is authorized to make such change." "Rule 37. The following shall be the order of business: 1. Scripture reading and prayer by Chaplain. 22 JOURNAL OF THE HOUSE, 2. Call of the Roll. 3. Report of the Committee on the Journal. 4. Reading of the Journal. 5. Confirmation of the Journal. 6. Unanimous consents. 7. Motions to reconsider. 8. Introduction of bills and resolutions. 9. First and second readings and reference of House bills and resolutions. 10. Report of standing committees. 11. Reading of bills and resolutions favorably reported. 12. Third reading and passage of uncontested local bills and resolutions. 13. First and second readings and reference of Senate bills and resolutions. 14. Unfinished business of previous session. 15. Orders of the day. 16. Senate amendments to House bills and resolutions and reports of conference committees. 17. House bills and resolutions for third reading." "Rule 58. Whenever the result of a vote taken shall disclose the fact that no quorum of the House is present, or when the Speaker shall officially state the, fact to the House, it shall be in order for any member to make a motion for a call of the House. When such motion is made, the Speaker shall state the question as follows: 'Shall the motion for the call of the House prevail?' and if thirty-five of the members present shall vote in the affirmative, the Speaker shall order the Clerk to call the roll of members, and the absentees shall be noted. The doors shall then be closed, after which the names of the absentees shall again be called. Those who do not appear, and who are absent without leave, may, by order of the majority of the members present, be sent for and arrested wherever they may be found by the officers to be appointed by the Messenger and that purpose, and their attendance secured, and the House shall determine upon what conditions they shall be discharged." "Rule 59. Upon the call of all the members, the names of the absentees shall be noted by the Clerk, and shall appear upon the Journal. And it shall be the duty of the Clerk to keep a separate list of the absentees from each day's proceedings, which list shall be entered upon the Journal. The list shall show which of said absentees are absent without leave, which are absent with leave, which are absent for providential causes, and which are absent for business reasons. Said separate list shall be read in the House with the Journal upon which the same is entered." MONDAY, JANUARY 9, 1967 23 "Rule 65. In speaking, a member shall avoid calling any other member by name when he may have occasion to take notice of his observations, but may designate him by his position on the floor or by the district he represents or by the county of his residence." "Rule 70. No member or any other person entitled to the privi leges of the floor shall be permitted to enter upon the floor of the House while in an intoxicated condition. The Messenger and the Doorkeeper of the House are specially charged with the rigid en forcement of this rule." "Rule 113. Motions for reconsideration shall be in order im mediately after the order of unanimous consent on the day succeed ing the action sought to be reconsidered and such other days as hereinafter provided. Before any action can be reconsidered the movant must have given notice of intention to so move during the legislative day during which the action sought to be reconsidered took place. The notice of a motion to reconsider shall not be with drawn after the time has elapsed within which it might originally have been made. "When the action sought to be reconsidered occurs on Thurs day, Friday or Saturday, the motion for reconsideration shall be in order on the following Monday. When the action sought to be recon sidered occurs on the last day of the session, the same may be recon sidered during such day. "The action of the House upon a House amendment may be reconsidered at any time before final action upon the section, bill or resolution to which the amendment relates. The action of the House on Senate amendments shall be in order for reconsideration immediately, and not otherwise." "Rule 116. The Speaker shall not recognize any member at any time, except during the first thirty minutes after the con firmation of the Journal, or after the reading of the Journal has been dispensed with, for the purpose of asking unanimous consent for the introduction of new matter, to read any bill or resolution the second time or any local bill or resolution a third time, to put any local bill or resolution upon its passage, or to recommit a bill or resolution or to withdraw it from one committee and recommit it to another. "The Speaker shall not recognize any member at any time for the purpose of asking unanimous consent to put any general bill or resolution upon its passage, or to read such bill or resolution and recommit it. The Speaker shall not recognize any member at any time for the purpose of asking unanimous consent to cast his vote on any motion, resolution, amendment, bill or other question. "The Speaker shall entertain but one unanimous consent at any one time." "Rule 118. No bill or resolution shall be transmitted to the Senate on the day of the passage thereof except by unanimous con sent or unless two-thirds of the members voting, provided the total vote constitutes a quorum, shall so order. Provided, that any bill 24 JOURNAL OF THE HOUSE, or resolution which requires action by the Senate, during the last three legislative days, shall be immediately transmitted by the Clerk to the Senate." "Rule 126. When introducing a bill or resolution, a member shall file an original and one copy with the Clerk." "Rule 127. All bills and resolutions shall be typed, printed or otherwise duplicated, and the name of the member introducing the same, as well as the district he represents, shall be on the back thereof. There shall also appear on the back, the title or brief summary thereof." "Rule 133. All bills and resolutions shall be called in the numerical order in which they stand on the calendar or as otherwise directed by the House or the Speaker. Provided, that the General Appropriation Bill shall have have precedence on third reading over all other matters, even Special Orders, until final disposition of said Bill. "So that the proper numerical order may be accurately and fairly determined as between bills and resolutions, it shall be the duty of the Clerk to place on each bill and resolution, as same is read the first time, a number following the numerical order in which said bills and resolutions are read the first time, adopting one series of numbers and the same series of numbers for both bills and resolutions. Before reading any bill or resolution the second or third time, the Clerk shall distinctly state its number and the name of the member by whom introduced." "Rule 142. Whenever any bill or resolution has been referred to a committee, and the committee has held the bill or resolution in the custody or control for ten days without reporting on same, the author of such bill, or any members of the House, shall have the right immediately after the confirmation of the Journal, to give notice that at the next regular meeting of the House he will submit a motion instructing such committee to report such bill back to the House. After which, on the next regular meeting day of the House, any member of the House, immediately after the confirma tion of the Journal, may move to instruct such committee to report such bill or resolution back to the House. If the motion prevails, it shall be the duty of such committee to report such bill or reso lution accordingly, with or without recommendation, as the case may be at the next regular session. Upon failure of said committee to report such bill accordingly, the same shall automatically be returned to the House for consideration. Debate on said motion to instruct such committee to report such bill or resolution back to the House shall be limited to twenty minutes, unless otherwise ordered by the House. When such bill or resolution is so reported or re turned to the House, it may be referred or committed as other bills or resolutions. "Provided, that any motion or resolution to set a special order, or to change the order of business for any particular day, which has been referred to the Committee on Rules, may be held in the custody and control of such committee only three days." MONDAY, JANUARY 9, 1967 25 "Rule 181. Any member may call for a division of the ques tion on a subject which, in the opinion of the presiding officer, is one which may be divided." "Rule 212. The Speaker shall appoint the following stand ing committees: 1. Agriculture. 2. Appropriations. 3. Auditing, Enrolling and Engrossing, Journals. 4. Banks and Banking. 5. Defense and Veterans Affairs. 6. Education. 7. Game and Fish. 8. Highways. 9. Hygiene and Sanitation. 10. Industrial Relations. 11. Industry. 12. Insurance. 13. Interstate Cooperation. 14. Judiciary. 15. Legislative and Congressional Reapportionment. 16. Local Affairs. 17. Motor Vehicles. 18. Natural Resources. 19. Rules. 20. Special Judiciary. 21. State Institutions and Property. 22. State of Republic. 23. Temperance. 24. University System of Georgia. 25. Ways and Means. 26. Welfare. "No member of the House shall be appointed to or serve on less than two (2) or more than three (3) standing committees of the House, with the exception of the Committee on Interstate Co operation. "The Speaker shall be an ex-officio member of all standing committees of the House, but shall have no vote as an ex-officio member except on the Committee on Rules, of which he shall be Chairman. The Chairman and Vice Chairman of the Committee on Appropriations shall be ex-officio members of the Committee on Ways and Means, and the Chairman and Vice Chairman of the Committee on Ways and Means shall be ex-officio members of the Committee on Appropriations. Except as hereinafter provided, the Speaker shall appoint a Chairman, a Vice Chairman, and a Secre tary for all standing committees and for all subcommittees created by him. The Majority Leader shall be Vice Chairman of the Rules Committee and the Minority Leader shall be a member of the Rules Committee. Each such Leader must be certified as such by his Party Caucus Chairman to the Speaker of the House and to the Clerk of the House." 26 JOURNAL OF THE HOUSE, BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to renumber the Rules in accordance with the provisions of this resolution. HR 5. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th: A RESOLUTION Relative to canvassing and publishing the election returns; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the House of Representatives and the Senate meet in joint session in the Hall of the House of Representatives at 9:30 o'clock a.m., Tuesday, January 10, 1967 for the purpose of canvassing and publishing the election returns relative to State officials, declaring the results thereof and attending to any other matters necessary and relative thereto. BE IT FURTHER RESOLVED that the Speaker of the House of Representatives appoint three members of the House and the President of the Senate appoint three members of the Senate for the purpose of assisting the Speaker and the President in carrying out their duties in opening and publishing the aforesaid election returns. Pursuant to the provisions of HR 5, the Speaker appointed on the part of the House the following members thereof: Messrs. Caldwell of the 51st, Irvin of the llth and Egan of the 141st. His Excellency, Governor Carl E. Sanders was escorted to the Speaker's stand and was presented to the members of the House. Governor Sanders, who started his political career as a member of the House of Representatives, in his usual eloquent manner, expressed his deep appreciation to the members of the General Assembly, past and present, for their assistance in making his administration a successful one. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate to wit: MONDAY, JANUARY 9, 1967 27 SR 1. By Senator Webb of the llth: A Resolution to notify the House that the Senate has convened; and for other purposes. SR 4. By Senator Moore of the 31st: A Resolution proposing that the General Assembly accept a painting of His Excellency, the Governor, for and on behalf of the people of Georgia; and for other purposes. The next order of business being the election of a. Speaker Pro Tern of the House for the ensuing term of two years, the name of Honorable Maddox J. Hale was placed in nomination by Mr. Lambert of the 38th and seconded by Messrs. Lee of the 79th and Jones of Liberty. Mr. Busbee of the 79th 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 nominee. The motion prevailed and the Honorable Maddox J. Hale was declared elected Speaker Pro Tern for the ensuing term of two years. The Speaker appointed as a committee to escort the Speaker Pro Tern to the Speaker's stand the following: Messrs. Ployd of the 7th, Peterson of the 59th, Rowland of 48th, Dickenson of the 27th, Dean of the 20th, Lowrey of the 13th and Wilson of the 102nd. The Speaker Pro Tern was escorted to the Speaker's stand, where he gave his speech of acceptance with thanks. The next order of business being the election of a Messenger of the House, Mr. McCracken of the 49th placed in nomination the name of Honorable Elmore Thrash of Lowndes County, which nomination was seconded by Mr. Underwood of the 61st. Mr. Busbee of the 79th moved that the nominations be closed and the Clerk of the House be directed to cast the vote of the entire body for the nominee. 28 JOURNAL OF THE HOUSE, The motion prevailed and the Honorable Elmore Thrash was declared elected Messenger of the House for the ensuing term of two years. The Messenger was escorted to the Speaker's stand and addressed the House. The next order of business being the election of a Doorkeeper of the House, Mr. Black of the 56th placed in nomination the name of Honorable Marion Toms, which nomination was seconded by Mr. Dailey of the 66th. Mr. Busbee of the 79th moved that the nominations be closed and the Clerk of the House be directed to cast the vote of the entire body for the nominee. The Motion prevailed and Honorable Marion Toms was declared elected Doorkeeper of the House for the ensuing term of two years. The Doorkeeper was escorted to the Speaker's stand and addressed the House. The Honorable Harry Bailey of Richmond County was administered the oath of office as Sheriff of the House by the Speaker. The following Resolution of the Senate was read and adopted. SR 4. By Senator Moore of the 31st: A RESOLUTION Proposing that the General Assembly accept a painting of His Excellency, the Governor, for and on behalf of the people of Georgia; and for other purposes. WHEREAS, the State of Georgia in the preceding four years has been blessed with an increase in its economy, education, industry and population on a scale heretofore unimagined; and WHEREAS, such increases are a direct result of the administra tion of His Excellency, Carl E. Sanders, Governor of this proud and noble State; and WHEREAS, Honorable Carl E. Sanders, throughout his life, has been unswerving in his loyalty and his devotion to this State, and such devotion and loyalty are but two of his numerous qualities which have made this administration the greatest in Georgia's history; and MONDAY, JANUARY 9, 1967 29 WHEREAS, a painting of Governor Sanders will be presented to the State in a special ceremony to be held during the week of January 9, 1967. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that a special committee be created to represent the General Assembly at such ceremony and officially accept the above-mentioned painting for and on behalf of the people of Georgia. Said committee shall consist of such number of Senators as shall be determined and appointed by the President of the Senate, and such number of Representatives as shall be determined and appointed by the Speaker of the House of Representatives. BE IT FURTHER RESOLVED that such painting shall always serve to this body as a reminder of the caliber of this State's leaders and a mark which each of the members of this body can do well to emulate. The Speaker announced the following committee assignments: AGRICULTURE COMMITTEE Matthews of 94th, Chairman Lowrey, Vice-Chairman Nessmith, Secretary Black Branch Cato Collins of 88th Cooper of 16th Dorminy Doster Hadaway Henderson Joiner Jordan of 78th Kirksey Land Newton Nimmer Northcutt Parker of 55th Peterson Reaves Russell Vaughn of 14th Whaley AGRICULTURE SUB-COMMITTEES GENERAL AGRICULTURAL MATTERS Collins of 88th, Chairman Henderson, Vice-Chairman Whaley, Secretary Branch Peterson MILK & MILK CONTROL Black, Chairman Northcutt, Vice-Chairman Kirksey, Secretary Hadaway Parker of 55th Newton, Chairman Doster, Vice-Chairman Nimmer, Secretary MARKETS & MARKETING Dorminy Reaves 30 JOURNAL OF THE HOUSE, Russell, Chairman Joiner, Vice-Chairman Reaves, Secretary LIVESTOCK MATTERS Jordan of 78th Peterson Land, Chairman Cato, Vice-Chairman Cooper of 16th, Secretary POULTRY MATTERS Collins of 88th Doster APPROPRIATIONS COMMITTEE Floyd, Chairman Odom, Vice-Chairman Wiggins, Secretary Anderson Barber Bowen Brantley of 63rd Busbee Chandler Clarke Collins of 88th Colwell Cook Daugherty Dean Dixon Dodson Egan Farrar Gary Grahl Hale Hamilton Harrington Harrison Henderson Irvin Jones of 76th Lane of 64th Lee of 35th Longino Lowrey Mauldin Merritt Mixon Moate Murphy Newton Pafford Paris Parker of 55th Phillips Pickard Reaves Rowland Russell Smith of 3rd Steis Stalnaker Sullivan Tye Underwood Vaughn of 117th Ware Wells Williams Wilson of 102nd APPROPRIATIONS SUB-COMMITTEES AGRICULTURE, PARKS & PUBLIC WORKS Lowrey, Chairman Collins of 88th, Vice-Chairman Mauldin, Secretary Grahl Harrison DEPARTMENT OF REVENUE Pafford, Chairman Clarke, Vice-Chairman Lee of 35th, Secretary Bowen Moate Phillips MONDAY, JANUARY 9, 1967 31 EDUCATION Brantley of 63rd, Chairman Parker of 55th, Vice-Chairman Longino, Secretary Chandler Henderson HEALTH & RELATED AGENCIES Smith of 3rd, Chairman Newton, Vice-Chairman Wilson of 102nd, Secretary Gary Russell HIGHWAY DEPARTMENT & RELATED AGENCIES Wells, Chairman Dean, Vice-Chairman Sullivan, Secretary Barber Vaughn of 117th LABOR, DEFENSE & PUBLIC SAFETY Paris, Chairman Anderson, Vice-Chairman Daugherty, Secretary Colwell Dixon LAW, LEGISLATIVE & REGULATORY AGENCIES Rowland, Chairman Lane of 64th, Vice-Chairman Steis, Secretary Dodson Ware STATE RETIREMENT SYSTEM Mixon, Chairman Underwood, Vice-Chairman Farrar, Secretary Cook Harrington Murphy, Chairman Irvin, Vice-Chairman Tye, Secretary HIGHER EDUCATION Egan Jones of 76th Stalnaker FAMILY & CHILDREN SERVICES Pickard, Chairman Williams, Vice-Chairman Merritt, Secretary Hamilton Reaves AUDITING, ENROLLING, ENGROSSING & JOURNALS COMMITTEE Black, Chairman Moore of 12th, Vice-Chairman Shields, Secretary Dollar Edwards Mauldin Potts Rowland Westlake 32 JOURNAL OF THE HOUSE, BANKS & BANKING COMMITTEE Murphy, Chairman Moate, Vice-Chairman Otwell, Secretary Barfield Berry of 110th Branch Brown of 34th Collins of 62nd Conner Crowe of 80th Daugherty Dillon Doster Douglas Gary Gaynor Harris of 118th Henderson Jones of 76th Land Levitas Longino Malone Maxwell Melton McClatchey Odom Oglesby Parrish Shanahan Shields Sims Smith of 44th Smith of 114th Thompson of lllth Threadgill Turner Tye SUB-COMMITTEES OP BANKING COMMITTEE GENERAL BANKING Crowe of 80th, Chairman Berry of 110th, Vice-Chairman Dillon, Secretary Henderson Malone INDUSTRIAL LOANS Collins of 62nd, Chairman Land, Vice-Chairman Longino, Secretary Daugherty Shields DEFENSE AND VETERANS AFFAIRS COMMITTEE Ware, Chairman Stalnaker, Vice-Chairman Gignilliat, Secretary Berry of 110th Brantley of 139th Crowe of 1st Dean Dollar Floyd Gay Kaylor Lane of 126th Russell Steis Wood SUB-COMMITTTES OF DEFENSE AND VETERANS AFFAIRS COMMITTEES MILITARY AFFAIRS Wood, Chairman Russell, Vice-Chairman Gignilliat, Secretary Kaylor Lane of 126th MONDAY, JANUARY 9, 1967 33 CIVIL DEFENSE AFFAIRS Dollar, Chairman Berry of 110th, Vice-Chairman Brantley of 139th, Secretary Kaylor Stalnaker VETERANS AFFAIRS Floyd, Chairman Crowe of 1st, Vice-Chairman Gay, Secretary Dean Steis EDUCATION COMMITTEE Barber, Chairman Parker of 55th, Vice-Chairman Moore of 20th, Secretary Berry of 113th Bond Brown of 135th Chandler Cooper of 103rd Davis Dickinson Fallin Farrar Funk Grahl Hall Hamilton Harris of 118th Hutchinson Irvin Johnson of 25th Joiner Jones of 112th Levitas Lewis Mauldin Miller Moore of 12th Northcutt Oglesby Otwell Pafford Parker of 68th Parrish Peterson Rush Tucker Wamble Wilson of 102nd Wilson of 109th SUB-COMMITTEES ON EDUCATION COMMITTEE AUTHORITIES & RETIREMENT SYSTEM Hutchinson, Chairman Oglesby, Vice-Chairman Moore of 12th, Secretary Chandler Jones of 112th Irvin, Chairman Hamilton, Vice-Chairman Davis, Secretary COMMON SCHOOLS Lewis Otwell SCHOOL BUILDINGS & SUPPLIES Levitas, Chairman Dickinson, Vice-Chairman Miller, Secretary Grahl Wilson of 102nd Tucker, Chairman Parrish, Vice-Chairman Fallin, Secretary TRANSPORTATION Bond Rush 34 JOURNAL OF THE HOUSE, VOCATIONAL EDUCATION Mauldin, Chairman Joiner, Vice-Chairman Wilson of 109th, Secretary Parrar Pafford GAME & PISH COMMITTEE Rainey, Chairman Johnson of 40th, Vice-Chairman Dickinson, Secretary Adams Colwell Cox Dent Doster Grahl Hall Harrison Higginbotham Jordan of 78th Kirksey Lane of 126th Leggett Malone Mullinax Nash Roach Scarlett Stalnaker Sullivan Thomas Walling Whaley SUB-COMMITTEE OF GAME & FISH COMMITTEE STATE FISHERIES Grahl, Chairman Hall of 67th, Vice-Chairman Malone, Secretary Kirksey Thomas HIGHWAY COMMITTEE Vaughan of 117th, Chairman Dean, Vice-Chairman McDaniel, Secretary Ballard Blalock Brantley of 139th Buck Gates Collins of 88th Crowe of 1st Crowe of 80th Dent Funk Hadaway Harris of 14th Hill Holder Howard Howell Jenkins Johnson of 40th Joiner Kirksey Mason Matthews of 94th Nessmith Northcutt Parker of 68th Reeves Sherman Simmons Thompson of lllth Turner Wood SUB-COMMITTEES OF HIGHWAY COMMITTEE HIGHWAY AUTHORITIES Howell, Chairman Collins of 88th, Vice-Chairman Simmons, Secretary Harris of 14th Jenkins MONDAY, JANUARY 9, 1967 35 HIGHWAY MAINTENANCE SHOP & FACILITIES Thompson of lllth, Chairman Punk, Vice-Chairman Wood, Secretary Joiner Nessmith INTERSTATE HIGHWAY SYSTEM Blalock, Chairman Crowe of 80th, Vice-Chairman Parker of 68th, Secretary, Hill Turner STATE HIGHWAY SYSTEM Howard, Chairman Sherman, Vice-Chairman Mason, Secretary Johnson of 40th Northcutt HYGIENE & SANITATION COMMITTEE Smith of 3rd, Chairman Palmer, Vice-Chairman Laite, Secretary Brown of 34th Cole Cox Hamilton Holder Lambros Lowrey Moreland Savage Townsend SUB-COMMITTEES OF HYGIENE & SANITATION COMMITTEE GENERAL HEALTH Lowrey, Chairman Moreland, Vice-Chairman Cox, Secretary Townsend PROFESSIONS RELATING TO HYGIENE & SANITATION Holder, Chairman Savage, Vice-Chairman Brown of 34th, Secretary Laite NURSING HOMES & HOMES FOR AGED Palmer, Chairman Hamilton, Vice-Chairman Cole, Secretary Lambros INDUSTRIAL RELATIONS COMMITTEE Lee of 35th, Chairman Rowland, Vice-Chairman Collins of 62nd, Secretary Barfield Battle Berry of 110th Bray Brown of 135th Conner Dickinson Holder Lane of 64th Leggett Longino Mullinax Palmer Pickard Sims Thompson of lllth Townsend 36 JOURNAL OF THE HOUSE, SUB-COMMITTEES OF INDUSTRIAL RELATIONS COMMITTEE EMPLOYMENT SERVICES Rowland, Chairman Holder, Vice-Chairman Thompson of lllth, Secretary Dickinson Townsend Barfield, Chairman Bray, Vice-Chairman Battle, Secretary GENERAL LABOR AFFAIRS Lane of 64th Mullinax WORKMEN'S COMPENSATION Pickard, Chairman Longino, Vice-Chairman Brown of 135th, Secretary Leggett Palmer Pickard, Chairman Blalock, Vice-Chairman Sweat, Secretary Adams Battle Bennett Buck Clarke Cook DeLong Dent Gay Gignilliat Grier Hill INDUSTRY COMMITTEE Jenkins Lewis Miller Mullinax McDaniel Nash Nimmer Shields Simmons Smith of 117th Snow Tye Whaley Wilson of 109th SUB-COMMITTEES OF INDUSTRY COMMITTEE INDUSTRIAL DEVELOPMENT Shields, Chairman Hill, Vice-Chairman Nash, Secretary DeLong Gay INDUSTRIAL INFORMATION & COORDINATION Adams, Chairman Gignilliat, Vice-Chairman Mullinax, Secretary McDaniell Wilson of 109th Snow, Chairman Sweat, Vice-Chairman Tye, Secretary TOURIST RELATIONS Miller Nimmer MONDAY, JANUARY 9, 1967 37 INSURANCE COMMITTEE Conner, Chairman Dixon, Vice-Chairman Leonard, Secretary Berry of 113th Bond Gates Cheeks Cox Dillon Hutchinson Lambros Lee of 79th Mason McClatchey McCracken Poss Ragland Shanahan Sherman Westlake Winkles SUB-COMMITTEES OF INSURANCE COMMITTEE FIRE, CASUALTY & ALLIED LINES Lee of 79th, Chairman Westlake, Vice-Chairman Ragland, Secretary Cheeks Sherman HEALTH, LIFE & ACCIDENT McClatchey, Chairman Shanahan, Vice-Chairman Winkle, Secretary Cox Lambros Dillon, Chairman Hutchinson, Vice-Chairman Berry of 113th, Secretary SURETY & TITLE Bond Poss INTERSTATE COOPERATION COMMITTEE Phillips, Chairman Irvin, Vice-Chairman Moate, Secretary McCracken Smith of 3rd JUDICIARY COMMITTEE Harris of 118th, Chairman Snow, Vice-Chairman Jones of 112th, Secretary Alexander Bennett Buck Busbee Carnes Cooper of 16th Crowe of 80th Daugherty Dodson Egan Harris of 85th Harrison Howard Jordan of 82nd Lambert Lee of 79th Levitas Mixon Richardson Ross Savage Starnes Tucker Walling 38 JOURNAL OF THE HOUSE, SUB-COMMITTEE OF JUDICIARY COMMITTEE GENERAL LAW & PROCEDURES Ross, Chairman Harrison, Vice-Chairman Dodson, Secretary Alexander Levitas LAW ENFORCEMENT Lee of 79th, Chairman Crowe of 80th, Vice-Chairman Jordan of 82nd, Secretary Cooper of 16th Walling Lambert, Chairman Howard, Vice-Chairman Daugherty, Secretary PARDONS & PAROLES Mixon Savage Harris of 85th, Chairman Bennett, Vice-Chairman Buck, Secretary TRUSTS & ESTATES Egan Starnes LEGISLATIVE & CONGRESSIONAL REAPPORTIONMENT COMMITTEE Caldwell, Chairman Walling, Vice-Chairman Brantley of 63rd, Secretary Ballard Gates Fleming Irvin Kaylor Minge Pafford Ross Sherman Smith of 44th Thomas Wilson of 109th LOCAL AFFAIRS COMMITTEE Clarke, Chairman Farrar, Vice-Chairman Harris of 14th, Secretary Cole Davis Dodson Hill Howard Malone Ragland MOTOR VEHICLES COMMITTEE Williams, Chairman Anderson, Vice-Chairman Vaughan of 14th, Secretary Adams Barfield Brantley of 139th Caldwell Cole Crowe of 1st Gary Harris of 14th Hood Hutchinson Johnson of 40th Kaylor Knapp Lovell Matthews of 29th Nimmer Otwell Rainey Smith of 44th Wamble Ward MONDAY, JANUARY 9, 1967 39 SUB-COMMITTEES OF MOTOR VEHICLES COMMITTEE MOTOR CARRIERS Johnson of 40th, Chairman Harris of 14th, Vice-Chairman Cole, Secretary Anderson Vaughan of 14th Ward TITLE & LICENSE AFFAIRS Otwell, Chairman Lovell, Vice-Chairman Barfield, Secretary Adams Knapp TRAFFIC & SAFETY CONTROL Smith of 44th, Chairman Wamble, Vice-Chairman Gary, Secretary Hood Hutchinson NATURAL RESOURCES COMMITTEE Dorminy, Chairman Lovell, Vice-Chairman Poss, Secretary Battle Edwards Hadaway Knapp Laite Land Lane of 126th Magoon Mason Moore of 20th Parrish Simmons Smith of 117th Starnes Vaughan of 14th Winkles SUB-COMMITTEES OF NATURAL RESOURCES COMMITTEE FORESTRY & FORESTRY PRODUCTS Magoon, Chairman Knapp, Vice-Chairman Laite, Secretary Land Parrish GAS, OIL, GEOLOGY & MINERALS Starnes, Chairman Hadaway, Vice-Chairman Lane of 126th, Secretary Mason Vaughan of 14th SOIL CONSERVATION Poss, Chairman Edwards, Vice-Chairman Smith of 117th, Secretary Battle Simmons 40 JOURNAL OF THE HOUSE, Mr. Speaker, Chairman Busbee, Vice-Chairman Lewis of 50th, Secretary Brantley Caldwell Carnes Fleming Hale Howell Johnson of 25th Jones of 76th Lambert Lee of 35th Matthews of 29th Melton RULES COMMITTEE Moate McCracken Newton Oglesby Phillips Smith of 3rd Smith of 114th Sweat Townsend Underwood Vaughn of 117th Ware Wells Wiggins Williams SUB-COMMITTEES OF RULES COMMITTEE PRIVILEGE RESOLUTIONS Brantley of 63rd, Chairman Ware, Vice-Chairman Howell, Secretary Lambert McCracken RULES CHANGES Hale, Chairman Smith of 3rd, Vice-Chairman Fleming, Secretary Jones of 76th Phillips SPECIAL JUDICIARY COMMITTEE Steis, Chairman Minge, Vice-Chairman McClatchey, Secretary Berry of 113th Bostich Bray Cato Dillon Douglas Fallin Farmer Gaynor Lambros Maxwell Roach Scarlett Shanahan Thomas Thompson of 110th SUB-COMMITTEES OF SPECIAL JUDICIARY COMMITTEE CODE REVISION Gaynor, Chairman Douglas, Vice-Chairman Maxwell, Secretary Farmer Shanahan CONSTITUTIONAL AMENDMENTS Lambros, Chairman Roach, Vice-Chairman Scarlett, Secretary Cato Dillon MONDAY, JANUARY 9, 1967 41 INQUIRY & INVESTIGATION Thomas, Chairman Thompson of 110th, Vice-Chairman Berry of 13th, Secretary Bostick Bray STATE INSTITUTIONS & PROPERTY COMMITTEE Chandler, Chairman Richardson, Vice-Chairman Colwell, Secretary Alexander Black Bond Brown of 135th Collins of 62nd Dailey Belong Dollar Funk Gay Grier Hall Harrington Harris of 85th Higginbotham Jenkins Johnson of 25th Jordan of 82nd Leggett Moore of 12th McDaniel Nessmith Paris Potts Rainey Roach Rush Sims Starnes Sweat Thompson Ward Wilson SUB-COMMITTEES OF STATE INSTITUTIONS & PROPERTY COMMITTEE ELEEMOSYNARY INSTITUTIONS Johnson of 25th, Chairman Moore of 12th, Vice-Chairman Alexander, Secretary Harrington Thompson of 110th Dailey, Chairman Roach, Vice-Chairman Potts, Secretary PENAL INSTITUTIONS Black Collins of 62nd Rush RECREATIONAL FACILITIES COMMITTEE Nessmith, Chairman McDaniel, Vice-Chairman Sims, Secretary Grier Higginbotham STATE INCOME PRODUCING PROPERTIES Rainey, Chairman Wilson of 102nd, Vice-Chairman Ward, Secretary Gay Starnes Dollar, Chairman Funk, Vice-Chairman DeLong, Secretary STATE PORTS COMMITTEE Hall Harris of 85th 42 JOURNAL OP THE HOUSE, STATE OP REPUBLIC COMMITTEE McCracken, Chairman Mixon, Vice-Chairman Underwood, Secretary Blalock Bray Cheeks Dailey Davis Douglas Edwards Higginbotham Howell Lambert Leonard Lovell Magoon Maxwell Miller Palmer Parker of 68th Potts Ward Wiggins TEMPERANCE COMMITTEE Paris, Chairman Fleming, Vice-Chairman Rush, Secretary Hood Ragland Smith of 114th Thompson of 110th UNIVERSITY SYSTEM OF GEORGIA COMMITTEE Matthews of 29th, Chairman Lane of 64th, Vice-Chairman' Gaynor, Secretary Alexander Anderson Ballard Barber Bostick Bowen Brown of 34th Cato Cheeks Belong Farmer Floyd Gignilliat Jones of 112th Jordan of 82nd Leonard Magoon Merritt Minge Moore of 20th Moreland Odom Poss Richardson Ross Savage Sullivan Threadgill Turner Westlake SUB-COMMITTEES OF UNIVERSITY SYSTEM OF GEORGIA COMMITTEE LONG RANGE PROGRAM Moore of 20th, Chairman Farmer, Vice-Chairman Merritt, Secretary Leonard Minge Ross Westlake Gignilliat, Chairman Sullivan, Vice-Chairman Cheeks, Secretary HIGHER FINANCE Bowen Moreland MONDAY, JANUARY 9, 1967 43 WAYS & MEANS COMMITTEE Melton, Chairman Peterson, Vice-Chairman Tucker, Secretary Bennett Bostick Bowen Carnes Cook Cooper of 16th Cooper of 103rd Dailey Dixon Dorminy Egan Fallin Hale Jordan of 78th Knapp Laite Lee of 79th Moreland Murphy Nash Phillips Scarlett Snow Threadgill Wamble Winkles Woods SUB-COMMITTEES OF WAYS & MEANS COMMITTEE INCOME & ESTATE TAXES Dorminy, Chairman Bowen, Vice-Chairman Egan, Secretary Nash Snow REAL & INTANGIBLE TAX Carnes, Chairman Knapp, Vice-Chairman Threadgill, Secretary Phillips Winkles SALES & USE TAX Hale, Chairman Jordan of 78th, Vice-chairman Wamble, Secretary Cooper of 16th Lee of 79th Scarlett, Chairman Bostick, Vice-Chairman Cook, Secretary TAX REVISION Moreland Woods WELFARE COMMITTEE Wells, Chairman Harrington, Vice-Chairman Harris of 85th, Secretary Branch Cooper of 103rd Farmer Grier Hood Matthews of 94th Merritt Smith of 117th SUB-COMMITTEES OF WELFARE COMMITTEE BENEFITS & AID Harrington, Chairman Cooper of 103rd, Vice-Chairman Smith of 117th, Secretary Hood Matthews of 94th 44 JOURNAL OF THE HOUSE, Merritt, Chairman Branch, Vice-Chairman Grier, Secretary JUVENILE MATTERS Farmer Harris of 85th The following communication was received: STATE OF GEORGIA House of Representatives Atlanta Mr. Glenn W. Ellard Clerk of the House of Representatives State Capitol Atlanta, Ga. Jan. 9, 1967 Dear Mr. Ellard: This is to certify that on Jan. 9, 1967, the Republican House mem bers met in caucus at the State Capitol and elected the following party officers: Minority Floor Leader, Rep. Jamie Oglesby; Assistant Minority Floor Leader, Rep. Mike Egan; Chairman of the Caucus, Joe S. Higginbotham, and Secretary, Roger Wilson. Respectfully, Joe S. Higginbotham Chairman of the Caucus The following communication was received: January 9, 1967 To the Clerk of the House of Representatives of the General Assembly of Georgia for the 1967-1968 Sessions: This is to certify that Representative George D. Busbee of the 79th District was duly elected Majority Leader of the Democratic Caucus of the House of Representatives at a meeting of the Democratic Caucus held on the 13th day of November, 1966, at the State Capitol, Atlanta, Georgia. This certification is submitted pursuant to Rule 212 of the Rules of the House of Representatives. So certified this 9th day of January, 1967. E. R. Lambert, Chairman of the Democratic Caucus of The House of Representatives MONDAY, JANUARY 9, 1967 45 The following communication was received: January 10, 1967 Honorable Peter Zack Geer Presiding Officer Joint Session of the Georgia Legislature Atlanta, Georgia My dear Mr. Geer: In compliance with the provision in the Georgia Constitution noting that the Governor shall be elected by the Legislature in joint session in the event that no candidate receives a majority of the popular vote in the General Election and providing that the election of the Governor will be made by the Legislature from one of the two candidates receiving the highest number of votes in the General Election which candidate has not declined, this is to declare to you and to the Legislature in joint session on this date that I do not decline. I further declare to you that I am a candidate before the Legislature for the office of Governor. I desire that you consider me as such and if I am elected I will serve as Governor for all the people of Georgia to the best of my ability. Thank you and kindest regards. Sincerely yours, Lester G. Maddox LGM:jc cc: Honorable George L. Smith, Speaker House of Representatives Mr. Busbee of the 79th moved that the House do now adjourn until 9:00 o'clock tomorrow and the motion prevailed. The Speaker announced the House adjourned until 9:00 o'clock tomorrow morning. 46 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Tuesday, January 10, 1967 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. Vernard E. Robertson, pastor, First Methodist Church, Americus, Georgia. The roll was called and the following Representatives answered to their name: Adams Alexander Anderson Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Grier Hadaway Hale Hall Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Irvin Jenkins Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland TUESDAY, JANUARY 10, 1967 47 Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughan Vaughn Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood 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. 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 Bills and Resolution of the House were introduced, read the first time and referred to the committees: HB 1. My Mr. Hall of the 67th: A Bill to be entitled an Act to amend an Act consolidating the offices and duties of Tax Receiver and Tax Collector of Terrell County into the single office of Tax Commissioner; and for other purposes. Referred to the Committee on Local Affairs. 48 JOURNAL OF THE HOUSE, HR 6-1. By Messrs. Smith of the 54th, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, Lee of the 79th and Williams of the 16th: A Resolution proposing an amendment to the Constitution to provide that when no person receives a majority of the votes in an election for Governor, a runoff election shall be held between the two persons receiv ing the highest number of votes; and for other purposes. Referred to the Committee on State of Republic. HB 2. 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. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted the following resolutions of the House, to-wit: HR 2. By Mr. Smith of the 54th, Hale of the 1st, and others: A resolution to notify the Governor that the General Assembly has convened; and for other purposes. The President appointed as a committee to notify the Governor: Senators Holley of the 22nd, Smith of the 18th, Mclntyre of the 40th, Johnson of the 42nd, Wesberry of the 37th, Stephens of the 36th, and Johnson of the 38th. HR 5. By Mr. Smith of the 54th, Hall of the 67th and others: A Resolution relative to publishing the election returns and providing for a joint session of the Senate and House at 9:30 A.M., Tuesday, January 10,1967, and providing for appointment of three members of the Senate for the purpose of assisting. The President has appointed on the part of the Senate: Senators Bateman of the 27th, Rowan of the 8th, and Kilpatrick of the 44th. The Speaker announced the House would stand in recess for fifteen minutes awaiting the arrival of the Senate. The doorkeeper announced the arrival of the Honorable Peter Zack Geer, Lieutenant-Governor of Georgia, the Honorable Ben W. Fortson, Secretary-ofState of Georgia and the members of the Senate who were received upon the floor of the House by the Speaker and members of the House. TUESDAY, JANUARY 10, 1967 49 The President of the Senate, the Honorable Peter Zack Geer, assumed the speaker's chair and called to order the Joint Session of the Senate and House of Representatives for the purpose of canvassing the returns of the November, 1966 General Election. The Honorable Ben W. Fortson, Secretary-of-State, delivered to the Joint Session the files containing the results of the November, 1966 General Election. HR 5 was read by the Secretary, and the tellers provided for in HR 5 were asked to prepare immediately for the canvassing of the returns. Tellers were as follows: On the part of the House: Messrs. Caldwell of the 51st, Murphy of the 26th, and Egan of the 141st. On the part of the Senate: Senators Bateman of the 27th, Rowan of the 8th, and Kilpatrick of the 44th. The following Resolution was read and adopted: HR 7-JR-l. By Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A RESOLUTION Relative to the order of business for the joint session on January 10, 1967; and for other purposes: BE IT RESOLVED BY THE SENATE AND HOUSE OP REPRESENTATIVES meeting in joint session that the following order of business is hereby established for this joint session: 1. The returns in the election for Governor, which election was held on November 8, 1966, shall be opened and published as provided in the Constitution of Georgia. 2. Such action as is required under the Constitution shall be taken in connection with such returns. In the event an election is necessary, such election shall take place immediately. 3. The returns of the other State officials shall be opened and pub lished as provided by the Constitution. 4. Such action as is required under the Constitution shall be taken in connection with such returns. 50 JOURNAL OP THE HOUSE, When the write-in votes had been tabulated, it was found that no write-in votes had been submitted to the Secretary of State duly certified from Pulton and Cobb Counties. Mr. Portson, Secretary of State explained before the members of the Joint Session that a diligent search had been made and there was no record of Fulton County write-in votes in his office. He immediately contacted the office of Honorable Eugene Gunby, Ordinary of Fulton County, and Mr. Tom Malone advised him that those write-in votes would be immediately submitted. The write-in votes from Pulton County were sent to the Capitol in an unsealed envelope, but such irregular procedure could not meet the requirements of the State Election Laws and the President of the Senate announced that the said write-in votes would be tabulated for the information of the General Assembly in Joint Session. It was found that five of the write-in votes were for Mr. Galloway and two for Mr. Maddox. The greater percentage of the 17,228 votes were for Mr. Arnall although the name was spelled in various and sundry ways and could not definitely identify all of the write-in candidates so intended. The Cobb County delegation noticed that the 1,128 write-in votes from Cobb County were also missing and when Cobb County authorities were contacted, these write-in votes were delivered by a deputy sheriff of said county to members of the General Assembly and not to Honorable Ben W. Fortson, Secretary of State. The question was raised as to whether there could be an over-vote by voting for two candidates and the President of the Senate accepted this question as a point of information only. The President of the Senate ruled that the write-in votes from the two above Counties would be out of order due to the irregularity of their delivery. The following protests were received: Senator Wesberry of the 37th protests the ruling of the President of the Senate disqualifying the certification of the write-in votes from Fulton County on the grounds that the Constitution of the State of Georgia and of the United States of America guarantee each citizen the right to have his vote counted and on the further grounds that the circumstances surrounding this election indicate numerous irregularities in the tabulation and certification of write-in votes both in Pulton and other counties. Senator Wesberry further states that he, on November 8, 1966, wrote in the name "Ellis Arnall for Governor" and that the action of the President disqualifies his own vote as cast, thereby depriving him of his own constitutional rights. On the basis of this protest and for the reasons stated, I do protest and contest the validity of the count of the votes in the Governor's election as published in the General Assembly. James P. Wesberry, Jr. Senator District 37 The undersigned protest the tabulation and count of the votes in the November 8, 1966, General Election for governor of Georgia on the TUESDAY, JANUARY 10, 1967 51 grounds that a full and accurate count of the votes cast by the electors has not been made by reason of the inclusion of votes for persons un known and unknowable and numerous other irregularities. This date January 10, 1967. Jamie W. Oglesby District 92nd Georgia, Fulton County To the General Assembly of Georgia The undersigned hereby protests and contests the tabulation and count of votes cast in the election for Governor of Georgia in the November 8th, 1966, election, as reported and published to the General Assembly this date for the reason that the same included so-called write-in votes cast for Ellis Arnall, formerly a candidate for nomination in the Democratic Party Primary in accordance with its rules and his pledges pertaining thereto, and that same was contrary to the Consti tution and laws of Georgia in that Ellis Arnall was not in fact a write-in candidate in said election but was voted upon as a candidate of a political body or party who was not lawfully nominated or qualified as a candi date in said election, and the votes cast for the said Ellis Arnall should therefore not be lawfully tabulated or counted. Signed January 10, 1967 Oliver Bateman Senator, 27th Dist. The following communication certifying the results of the election for Gov ernor was read to the members of the General Assembly in Joint Session assembled: STATE OP GEORGIA The General Assembly Atlanta CERTIFICATE RELATIVE TO THE RETURNS OF THE ELECTION FOR GOVERNOR We, Peter Zack Geer, President of the Senate, and Geo. L. Smith II, Speak er of the House of Representatives, do hereby certify that the returns in the election for Governor of the State of Georgia, which election was held on Novem ber 8, 1966, were opened and published as provided in the Constitution of the State of Georgia in the joint session of the Senate and the House of Representa tives held on Tuesday, January 10, 1967. We certify that the total number of write-in votes was 52,831 and that the total number of votes cast was 957,122. We further certify that no person received a majority of the whole number of votes cast in such election and that the two persons having the highest number of votes are Honorable Howard H. "Bo" Callaway with 453,665 votes and Honorable Lester G. Maddox with 450,626 votes. We further certify that both of such persons are in life and do not decline an election at this time. This 10th day of January, 1967. Peter Zack Geer, President of the Senate Geo. L. Smith II, Speaker, House of Representatives 52 JOURNAL OF THE HOUSE, The following Resolution of the Joint Session was read: HR 8 JR 2. By Messers. Pickard of the 112th, Jones of the 112th, Gary of the 35th and Palmer of the 117th: A RESOLUTION WHEREAS, at the General Election held on November 8, 1966, the people of Georgia voted therein for the election of a Governor; and WHEREAS, the returns of said election for Governor were by the several ordinaries sealed up, directed to the President of the Senate and the Speaker of the House of Representatives, and transmitted to the Secretary of State, who caused said returns to be laid before this Gen eral Assembly on the day after the two houses thereof were organized, all as required by the Constitution of Georgia, Art. V, Sec. I, Par. Ill; and WHEREAS, pursuant to Art. V, Sec. I, Par. IV, said returns for the election of Governor have been opened and published in the presence of this General Assembly in joint session of the House of Representa tives and the Senate, convened in the Legislative Hall; and WHEREAS, this General Assembly in such joint session has deter, mined and now declares that no person received in said 1966 General Election a majority of the whole number of votes cast therein for the office of Governor, and that the two persons receiving the highest num ber of votes for said office are Howard H. Callaway, with 453,665 votes, and Lester G. Maddox, with 450,636 votes; and WHEREAS, this General Assembly in joint session does hereby determine and declare that a majority of the members present do not, and have not, made a choice between Howard H. Callaway and Lester G. Maddox which is necessary to the election of a Governor by the General Assembly pursuant to Art. V, Sec. I, Par. IV, of the Constitution of Georgia; and WHEREAS, the people of Georgia have, through their Constitution, reserved unto themselves the power to elect their Governor by the majority vote of the qualified voters, except in certain conditional and limited events; and WHEREAS, the election of a Governor of the State of Georgia is of such vital and fundamental character as to require that the quali fied voters of Georgia, from whom all the powers and authorities of this General Assembly are derived, be enabled to elect the Governor of this State in a runoff election; and WHEREAS, the people of this State have, through their Constitu tion, declared that the Governor should be elected from the two candi dates receiving the highest number of votes in the General Election; NOW THEREFORE BE IT RESOLVED BY THE GENERAL ASSEMBLY IN JOINT SESSION CONVENED that this General TUESDAY, JANUARY 10, 1967 53 Assembly does hereby determine and declare that a majority of the members present do not, and have not, made a choice necessary to the election of a Governor and does hereby exercise its responsibility of elect ing a Governor from the two aforesaid persons receiving the highest number of votes in the 1966 General Election for Governor by submitting said question to the qualified voters of Georgia in a runoff election to be held on January 31, 1967; FURTHER RESOLVED, that said runoff election shall be held only between the two aforesaid persons receiving the highest number of votes cast in the 1966 General Election for Governor, to-wit: Howard H. Callaway and Lester G. Maddox, and that only votes cast for either of said persons shall be counted or considered; FURTHER RESOLVED, that the Secretary of State make all neces sary provisions for holding such runoff election; that said runoff election be held and conducted by the several ordinaries of this State, who shall ascertain the votes cast for each of said two persons in their respective counties, and seal up and direct same to the President of the Senate and the Speaker of the House of Representatives, and transmit same to the Secretary of State, not later than February 8, 1967, who shall cause said returns to be laid before the General Assembly on said date; FURTHER RESOLVED, that in all other respects not in conflict herewith such runoff election shall be conducted and held and the returns thereof transmitted, published, declared and ascertained in the manner provided for by the Constitution of Georgia pertaining to the election of the Governor, and the Georgia Election Code of 1964, as amended; FURTHER RESOLVED, that only those electors of the State who were qualified to vote in the November 8th General Election shall be entitled to vote in said runoff election. The President of the Senate ruled the Resolution out of order. The President of the Senate granted permission to Mr. Harris of the 118th to come to the well of the House, where he made the following remarks: Mr. President, Mr. Speaker and fellow members of this joint session. A resolution that was read was ruled out of order, an appeal was made to that ruling and only points of order can be debated. The ruling of the Chair was predicated upon a determination by the Chair of a construction of the State Constitution as it has been looked at by the United States and Georgia Supreme Courts. Certainly I believe that this General Assembly will elect the next governor. But likewise, I have a different legal opinion from the Chair, I believe that this body can return to the source of its power this same privilege. The resolution might well not be adopted but certainly it appears to me to be in order 54 JOURNAL OF THE HOUSE, to be the subject of discussion by this body and I urge you to support the motion. Mr. President, Mr. Speaker I yield the floor. The previous question was called for by Mr. Murphy of the 26th. Mr. Levitas moved the "ayes" and "nays", and the motion prevailed. The roll call was ordered and the vote was as follows: Those voting in the affirmative were Senators: Abney Andrews Carter Coggin Cox Flowers Gillis Hall Holloway Kennedy Kilpatrick Lee London McGill Miller Minish Moore Noble Padgett Pennington Plunkett Rowan Smalley Spinks Webb Young Those voting in the negative were Senators: Adams of 5th Adams of 26th Bateman Broun Chapman Conway Dean Eldridge Fincher of 51st Fincher of 54th Gardner Gregory Hensley Hill Holley Johnson of 38th Johnson of 42nd Kidd Knight Maclntyre McKenzie Searcey Shea Smith of 18th Smith of 34th Stephens Ward Wesberry Those voting in the affirmative were Messrs.: Adams Berry of 110th Black Blalock Bo stick Bo wen Branch Brantley of 63rd Bray Brown of 34th Busbee Caldwell Cato Cheeks Clarke Collins of 62nd Collins of 88th Colwell Conner Cooper of 103rd Cooper of 16th Cox Crowe of 1st Crowe of 80th Dailey Dean Dickinson TUESDAY, JANUARY 10, 1967 55 Dixon Dollar Dorminy Doster Douglas Edwards Farmer Fleming Floyd Funk Gay Grahl Hadaway Hale Hall Harris of 14th Henderson Holder Howell Hutchinson Irvin Jenkins Johnson of 25th Johnson of 40th Joiner Jones of 76th Jordan of 78th Kirksey Laite Land Lane of 64th Lee of 35th Lee of 79th Leggett Lewis Longino Lovell Magoon Mason Matthews of 29th Matthews of 94th Mauldin Melton Mixon Moate Moore of 12th Moore of 20th Moreland Murphy McCracken Nash Nessmith Newton Nimmer Northcutt Odom Otwell Pafford Paris Parker of 68th Parker of 55th Parrish Peterson Phillips Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Simmons Snow Stalnaker Sweat Thomas Threadgill Tucker Underwood Vaughan of 14th Wamble Ward Wells Wiggins Williams Wilson of 102nd Wood Mr. Speaker Those voting in the negative were Messrs.: Alexander Anderson Ballard Barber Barfield Battle Bennett Berry of 113th Bond Brantley of 139th Brown of 135th Buck Games Gates Chandler Cole Cook Daugherty Davis DeLong Dent Dillon Dodson Egan Fallin Farrar Gary Gaynor Gignilliat Grier Hamilton Harrington Harris of 118th Harris of 85th Harrison Higginbotham Hill Hood Howard Jones of 112th Jordan of 82nd Kaylor Knapp Lambert Lambros Lane of 126th Leonard Levitas Lowrey Malone Maxwell Merritt Miller Minge Mullinax McClatchey McDaniell 56 Oglesby Palmer Pickard Sherman Shields Sims Smith of 117th Smith of 44th Smith of 3rd JOURNAL OF THE HOUSE, Smith of 114th Starnes Steis Sullivan Thompson of 110th Thompson of lllth Townsend Turner Tye Vaughn of 117th Walling Ware Westlake Whaley i Wilson of 109th Winkles On the motion to sustain the ruling of the Chair, the ayes were 148, nays 110. The next order of business was the election of a governor as provided for by the Constitution of the State of Georgia. On the election of a governor of Georgia, the President of the Senate ordered the call of the roll and the vote was as follows: Those voting for Mr. Callaway were Senators: Adams of 26th Bateman Conway Gardner Gregory Hill Holloway Johnson of 42nd Knight Maclntyre Miller Searcey Shea Smith of 34th Wesberry Those voting for Mr. Maddox were Senators: Abney Adams of 5th Andrews Broun Carter Chapman Coggin Cox Dean Eldridge Fincher of 51st Fincher of 54th Flowers Gillis Hall Hensley Holley Kennedy Kidd Kilpatrick Lee London McGill McKenzie Minish Moore Those voting for Mr. Callaway were Messrs.: Battle Berry of 113th Brantley of 139th Buck Busbee Cook Noble Padgett Pennington Plunkett Rowan Smalley Smith of 18th Spinks Stephens Webb Young Davis DeLong Dodson TUESDAY, JANUARY 10, 1967 57 Egan Farrar Gignilliat Harris of 118th Harris of 85th Higginbotham Hill Howard Hutchinson Jones of 112th Kaylor Knapp Lane of 126th Lee of 79th Le vitas Lowrey Malone Maxwell Merritt Miller Mullinax McClatchey Odom Oglesby Palmer Pickard Sherman Shields Sims Smith of 117th Starnes Steis Thompson of 110th Thompson of lllth Townsend Vaughn of 117th Walling Ware Westlake Whaley Wilson of 109th Winkles Those voting for Mr. Maddox were Messrs.: Adams Anderson Ballard Barber Barfield Bennett Berry of 110th Black Blalock Bostick Bo wen Branch Brantley of 63rd Bray Brown of 34th Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins of 62nd Collins of 88th Colwell Conner Cooper of 103rd Cooper of 16th Cox Crowe of 1st Crowe of 80th Dailey Dean Dent Dickinson Dillon Dixon Dollar Dorminy Doster Douglas Edwards Fallin Farmer Fleming Floyd Funk Gary Gay Gaynor Grahl Hadaway Hale Hall Harrington Harris of 14th Harrison Henderson Holder Howell Irvin Jenkins Johnson of 25th Johnson of 40th Joiner Jones of 76th Jordan of 82nd Jordan of 78th Kirksey Laite Lambert Land Lane of 64th Lee of 35th Leggett Leonard Lewis Longino Lovell Magoon Mason Matthews of 29th Matthews of 94tt Mauldin Melton Minge Mixon Moate Moore of 12th Moore of 20th Moreland Murphy McCracken McDaniell Nash Nessmith Newton Nimmer Northcutt Otwell Pafford Paris Parker of 68th Parker of 55th Parrish Peterson Phillips Poss Potts Ragland 58 Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Simmons JOURNAL OF THE HOUSE, Smith of 44th Smith of 3rd Smith of 114th Snow Stalnaker Sullivan Sweat Thomas Threadgill Tucker Turner Tye Underwood Vaughan of 14th Wamble Ward Wells Wiggins Williams Wilson of 102nd Wood Mr. Speaker On the election of a governor of the State of Georgia, the Honorable Lester G. Maddox received 182 votes and the Honorable Howard "Bo" Galloway re ceived 66 votes. The following communication was read: HOUSE OF REPRESENTATIVES Atlanta CERTIFICATE RELATIVE TO THE ELECTION OF THE GOVERNOR OF THE STATE OF GEORGIA BY THE GENERAL ASSEMBLY OF GEORGIA We, Peter Zack Geer, President of the Senate, and Geo. L. Smith II, Speaker of the House of Representatives, do hereby certify as follows: That, pursuant to the Constitution of the State of Georgia, the General Assembly of Georgia, while in joint session of the Senate and the House of Representatives on January 10, 1967, did elect the Gov ernor of the State of Georgia from the two persons receiving the high est number of votes in the general election for Governor held on No vember 8, 1966. Such two persons were Honorable Howard H. "Bo" Callaway and Honorable Lester G. Maddox. The results of that election are as follows: Honorable Lester G. Maddox received 182 votes and Honorable Howard H. "Bo" Callaway received 66 votes. The number of votes received by Honorable Lester G. Maddox constitutes a majority of the members of the General Assembly present and, therefore, Honor able Lester G. Maddox is the duly elected Governor of the State of Georgia. This 10th day of January, 1967. Peter Zack Geer President of the Senate Geo. L. Smith II Speaker, House of Representatives TUESDAY, JANUARY 10, 1967 59 The following Resolution of the Joint Session was read and adopted: HR 9 JR 3. By Messrs. Murphy of the 26th, Caldwell of the 51st, Irvin of the llth; Senators Rowan of the 84th and Coggin of the 35th: A RESOLUTION Declaring the Honorable Lester G. Maddox as the duly elected Governor of the State of Georgia; and for other purposes. WHEREAS, pursuant to the Constitution of the State of Georgia, the General Assembly of Georgia while in joint session of the Senate and the House of Representatives on January 10, 1967, did elect the Governor of the State of Georgia from the two persons receiving the highest number of votes in the general election for Governor held on November 8, 1966, such two persons being Honorable Howard H. "Bo" Callaway and Honorable Lester G. Maddox; and WHEREAS, the Honorable Lester G. Maddox received 182 votes and such number of votes constitute a majority of the members of the General Assembly present; NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA in joint session of the Senate and the House of Representatives on January 10, 1967, that Honorable Lester G. Maddox is hereby declared to be the duly elected Governor of the State of Georgia to succeed the Honorable Carl E. Sanders. BE IT FURTHER RESOLVED that the Secretary of the Senate and the Clerk of the House of Representatives are hereby directed to enter this resolution on the respective Journals of the Senate and the House of Representatives and to transmit a copy thereof to the Gov ernor, the Secretary of State, Honorable Lester G. Maddox and Hon orable Howard H. "Bo" Callaway. After the President of the Senate had declared the Honorable Lester G. Maddox had been duly elected Governor of Georgia for the ensuing four years, the oath of office was administered to Mr. Maddox by Associate Justice of the Supreme Court of Georgia, the Honorable Carlton Mobley. The President of the Senate appointed the following members of the General Assembly as a com mittee to escort Mr. Maddox to the podium of the House: Messrs. Sweat of the 83rd, Lane of the 64th, Irvin of the llth, Adams of the 125th; Senators Spinks of the 9th, Padgett of the 23rd, Rowan of the 8th and Webb of the llth. Mr. Maddox was presented to the Joint Session of the General Assembly by Lieutenant Governor Peter Zack Geer, and delivered an address of acceptance. 60 JOURNAL OF THE HOUSE, The following certificate relative to the canvassing of the 1966 General Election: THE GENERAL ASSEMBLY State Capitol Atlanta CERTIFICATE RELATIVE TO THE CANVASSING OF RETURNS OF THE ELECTION OF THE LIEUTENANT GOVERNOR AND OTHER CONSTITUTIONAL OFFICERS OF THE STATE OF GEORGIA BY THE GENERAL ASSEMBLY OF GEORGIA We, Peter Zack Geer, President of the Senate, and Geo. L. Smith II, Speaker of the House of Representatives, do hereby certify as follows: That, pursuant to the Constitution and laws of the State of Geor gia, the General Assembly of Georgia, while in joint session of the Senate and the House of Representatives on January 10, 1967, did open and canvass the returns of the election for the office of Lieutenant Governor and the other Constitutional State officers conducted in the November, 1966, General Election. Based upon such returns, the following individuals have been duly elected to each of the respective offices and have received the respective votes as indicated, which in each instance is a majority of the votes cast for each respective office: Office Lieutenant Governor Secretary of State Comptroller General Person Elected Votes Received George T. Smith Ben W. Fortson, Jr. James L. Bentley, Jr. 637,095 615,411 613,145 Office Attorney General State Treasurer State Superintendent of Schools Commissioner of Agriculture Commissioner of Labor Public Service Commissioner Public Service Commissioner Person Elected Arthur K. Bolton Jack B. Ray Votes Received 586,685 587,637 Jack P. Nix Phil Campbell Sam Caldwell Crawford L. Pilcher Ben T. Wiggins 590,311 602,224 590,217 574,481 571,629 This 10th day of January, 1967. Peter Zack Geer President of the Senate Geo. L. Smith II Speaker, House of Representatives TUESDAY, JANUARY 10, 1967 61 The following Resolution of the Joint Session was read and adopted: HR 10-JR 4. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th: A RESOLUTION Relative to canvassing and publishing the results of the returns of the election for the office of Lieutenant Governor and the other Constitutional State Offices; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA CONVENED IN JOINT SESSION, that pursuant to the Consti tution and laws of the State of Georgia, the General Assembly, in joint session, has opened and canvassed the returns of the election for the office of Lieutenant Governor, Secretary of State, Comptroller General, Attorney General, State Treasurer, State Superintendent of Schools, Commissioner of Agriculture, Commissioner of Labor and Georgia Pub lic Service Commissioner. After having canvassed such returns, the following persons are declared to have been duly elected to each of the respective offices by the number of votes indicated, which in each instance is a majority of the votes which have been cast for each respective office: Office Lieutenant Governor Secretary of State Comptroller General Attorney General State Treasurer State Superintendent of Schools Commissioner of Agriculture Commissioner of Labor Georgia Public Service Commissioner Georgia Public Service Commissioner Person Elected Votes Received George T. Smith 637,095 Ben W. Portson, Jr. 615,411 James L. Bentley, Jr. 613,145 Arthur K, Bolton 586,685 Jack B. Ray 587,637 Jack P. Nix 590,311 Phil Campbell Sam Caldwell Crawford L. Pilcher 602,224 590,217 574,481 Ben T. Wiggins 571,629 BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby directed to transmit a copy of this Resolu tion to Honorable Ben W. Fortson, Jr., Secretary of State. Under the rules of the General Assembly, the following communications were received from the members of the General Assembly in Joint Session, with refer ence to the election of a governor by the General Assembly: TO THE CLERK OF THE HOUSE OF REPRESENTATIVES: EXPLANATION OF THE VOTE OF GEORGE D. BUSBEE, REPRESENTATIVE 79TH DISTRICT (DOUGHERTY COUNTY) GOVERNOR'S RACE: 62 JOURNAL OF THE HOUSE, In the November 1966 General Election the people of my county voted overwhelmingly in favor of Mr. Callaway for Governor. Before the election neither I, nor any member of the Georgia Gen eral Assembly, realized that we would have the awesome responsibility with which we are today confronted. After the election, and until last Friday, grave doubt existed as to whether or not we would be permitted to exercise the duty imposed by the Constitution of Georgia and elect the next Governor of Georgia. This issue has now been resolved. As a representative of the people of my county, I felt morally bound to express their views made known last November unless they indicated that their views had changed, and for this reason I did not feel free to pledge my support to either candidate. Since the election and up until last Sunday morning, I have talked extensively with the people of my county and their views, in my judgment, have not changed. Therefore, as their elected Representative, I feel I must discharge my clear duty and responsibility and cast my ballot for Mr. Callaway. This the 10th day of January, 1967. George D. Busbee 79th District TO THE PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE OF THE GENERAL ASSEMBLY OF GEORGIA: I am a Georgia Democrat and proudly so, but was compelled as a matter of personal conviction and conscience to cast my vote for Repub lican Callaway. This decision was most difficult and was compounded by the fact that I believe the Governor should be elected by the people and not by the General Assembly. I considered four (4) primary factors in arriving at my decision: (1) Party loyalty; (2) the vote in my District which was preponder antly for Callaway; (3) the vote in the State which gave Callaway a slight plurality; (4) my personal preference. I did not consider any one of these four factors controlling but was compelled to give the greatest weight to the expressed desires of the electorate of my District and State. I did not feel that I could blindly follow my party against the unequivocal preference of the elec torate. This was peculiarly true in this instance as I recognized that the electorate had as much knowledge of the candidates and issues as I. I had no compelling personal preference as I had supported an other candidate at the primary level. After weighing all four (4) factors, it was my conscientious con clusion that I must vote for Mr. Callaway. William S. (Billy) Lee Representative, District 79 TUESDAY, JANUARY 10, 1967 63 As a State Representative for Dougherty County, I feel it an obligation to follow the will of the voters in the Governor's race. Therefore, since Howard "Bo" Callaway had 2,211 more votes cast for him than his opponent Lester Maddox, I cast my vote for Howard "Bo" Callaway, in accordance with the decision of the voters of Dough erty County. R. S. (Dick) Hutchinson Representative, District 79 Post 3 Both candidates, Mr. Maddox and Mr. Callaway, presented them selves to the voters of Dougherty County for the office of Governor of this State. A majority of the citizens of Dougherty County came to the conclusion that they wanted "Bo" Callaway to be Governor of Georgia for the next four years. Therefore, in my judgment, it is incumbent upon me to cast my vote for Howard "Bo" Callaway as a majority of the voters in Dough erty County have so instructed me to do. Colquitt H. Odom HOUSE OF REPRESENTATIVES House Chamber Atlanta January 10, 1967 TO THE GENERAL ASSEMBLY OF GEORGIA My constituents who contacted me felt that they should not be denied the privilege of having the final voice as to who their Governor will be. I decided under these circumstances to support the resolution presented that would have returned this right to the people, calling for a run-off election between Mr. Callaway and Mr. Maddox. This reso lution was defeated 148 to 110. On the roll call vote for Governor I supported the Democratic nomi nee of my party, as I would have done for any Democratic nominee regardless of race, creed or color; and according to the oath I signed when I became a Democratic candidate in the Democratic Primary. All of us who are Democrats and wish to see the Democratic party in Georgia prosper and come forward must survive the fatigues necessary to support it. Goodwyn Gates Fulton District 123 - 3 January 10, 1967 To the Clerk of the Georgia House of Representatives: The Representative from the 82nd District of Georgia had hoped that he would have the opportunity to vote to return the election of Governor of Georgia to the people. This was not to be. 64 JOURNAL OF THE HOUSE, The Representative from the 82nd District believes that the peo ple from Coffee County expect their representative to vote. Acting on this belief and taking into consideration all factors available to me, I therefore elect to cast my ballot for the Democratic nominee, Lester Maddox. George Jordan Representative, 82nd District EXPLANATION OF VOTE ELECTION OF GOVERNOR JOINT SESSION GENERAL ASSEMBLY January 10, 1967 CLARENCE R. VAUGHN, JR. Post No. 1, 117th District Mr. Speaker: This Session begins my ninth year as a Democratic member of the General Assembly of Georgia and I have, without exception, supported the Democratic nomee in all primary and general elections. During this period some Democrats have become Republican contenders for high office and a large number Democratic supports of Republican candi dates. Upon the convening of the General Assembly, I represent the 117th District and Georgia, in that order; Party is overshadowed by my loyalty to District and State in doing the job for which I have been elected. Many times the decision is difficult and I vote as I feel to be for the best interest of my constituents. The 117th District has a population of 160,000, of which some 53,000 are registered voters. In the General Election, Mr. Callaway received 21,077 votes, Mr. Maddox received 10,929 votes, almost a two to one majority for Mr. Callaway, and State-wide, Mr. Callaway re ceived the most votes. Therefore, to fairly represent my District and State, I cannot ignore the wishes, desires and mandate of its fine citizens, even though it may conflict with my personal choice and party. I, therefore, cast a less than enthusiastic vote for Mr. Howard Callaway for Governor. HOUSE OF REPRESENTATIVES Atlanta I am a Democrat; I expect to remain a Democrat; I believe in the principles of the Democratic party. But I do not regard my duty here today as being a party matter. A majority of the voters in my dis trict voted for the Republican candidate for governor. I have no suf. ficient reason to disagree with their judgment. I vote for Callaway. Devereaux McClatchey District 138 TUESDAY, JANUARY 10, 1967 65 REASON FOR VOTE OP "PRESENT" Grace T. Hamilton--Rep. 137th As a representative of my district I cannot in good consciousness vote for either candidate when the people of my district have indicated their desires otherwise, and therefore must abstain. Jan. 10, 1966. HOUSE OP REPRESENTATIVES House Chamber Atlanta January 10, 1967 Representing the people of the 132nd District, I find it impossible to vote for Mr. Howard Bo Callaway and Lester G. Maddox; therefore I vote Present on the Roll Call vote to elect the next Governor of Georgia. Representative J. D. Grier, Jr. 1/10/67 To: The Clerk of the House From: Ben Brown of the 135th Re: Posting of Protest Be it entered on the official journal of the Georgia General Assem bly, meeting in Joint Session, January 10, 1967 that I, Ben Brown of the 135th District, Fulton County protest the ruling of the chair on matters pertaining to the official exclusion of write-in votes received from Fulton on the election of the Governor held November 8, 1966. HOUSE OF REPRESENTATIVES Atlanta January 10, 1967 To the Members of the General Assembly of Georgia: Gentlemen: To vote for either of the candidates for governor of the State of Georgia would be a violation of the principal that I believe in which is "THE PEOPLE OF GEORGIA SHOULD DETERMINE WHO THEIR GOVERNOR SHOULD BE." Accordingly, I vote PRESENT and ask my fellow legislators to please respect my position as I will always respect theirs. Nick G. Lambros Representative, District 130 January 10, 1966 STATEMENT BY SENATOR LEROY R. JOHNSON BEFORE THE JOINT SESSION OF THE GENERAL ASSEMBLY OF GEORGIA JANUARY 10, 1967 ON THE QUESTION OF THE ELECTION OF THE GOVERNOR OF GEORGIA. Mr. President, Honorable Speaker of the House to the Distinguished Members of the Senate and the House of Representatives. 66 JOURNAL OP THE HOUSE, I am proud today to stand before this august body and to say without reservation that I arn a member of the greatest Political Party in American Politics, The Democratic Party. It has been the leaders of this great Party that have led our Country to the highth of Greatness. Thus, the preceedings before this House today to elect the Demo cratic nominee or a Republican nominee places me in the most awkward and uncomfortable position in my political career. The choice between conscience and Party Loyalty is a difficult one. The role of leadership is sometimes burdensome as it is at this moment. But decisions must be made by those who occupy positions of leadership. I have, therefore, decided that conscience must prevail over Party Expediency, for what is Political Expediency today maybe historically catastrophic tomorrow. I cannot today in good conscience vote for Lester Maddox nor Howard "Bo" Galloway. There are over One Million Negro Citizens in this state and more than Two Hundred Eighty Thousands registered voters. Though shame ful as it is, neither candidate in their public campaign for this high office for Governor sought to obtain the Negro Vote. Appeals for votes were made to every group in our society except the Negro. This will not always be so in Georgia Politics, but it was in 1966. The time will come in this great state when politicians will not ignore x/4 of this state's population, but will travel the length and breath of Georgia speaking to all people of all races and including in their plat form provisions pertaining to justice, equality and first class citizenship which will apply to all mankind. I have decided today not to vote for either candidate, but to VOTE PRESENT or to ABSTAIN. I am compelled by history to register a protest against those candirates who seek the highest political position in this state and ignore % of the state's population, because I represent a Proud People who have at every opportunity made unselfish contributions to the development and growth of this great Country. Need I remind this august body that the roots of the American Negro are deeper in American soil than the most celebrated Puritans, because the Negro landed in America in 1619, one year before the Puri tans landed at Plymouth Rock: Negroes were aboard the ships of Colum bus and were the first to see land when this Country was discovered in 1492: It was a black man, "Little Steve", who led the expedition into Texas to discover that vast area of land: It was a Negro, Christophus Attus, the first to give his life in 1770 to speed up and bring about the American Revolution. It was a black man, Peter Salem, the first to give TUESDAY, JANUARY 10, 1967 67 his life in the battle of Bunker Hill in the Revolutionary War: Negroes fought with Andrew Jackson in the battle of New Orleans and more than 100 Thousand Negroes fought in the Civil War. In every major conflict in which this Country has engaged the Negro has fought and died and today the Blood of the Negro is spilled from the Ryukyu Islands in the Pacific to the Odea Nesia east of Berlin. The voices of history today is echoing equality of opportunity, human dignity and first class citizenship. The failure on the part of the two candidates before us today to hear the voices of history and to charter a course in their Political Campaigns which would engulf all people regardless of race or creed makes it im possible today for me to vote for either one. THEREFORE, I respectfully request that the clerk of the House record in the journal of this body that the Senator from the 38th District "VOTE PRESENT". HOUSE OF REPRESENTATIVES Atlanta Finding it impossible to vote for either Lester G. Maddox or Howard Galloway for Governor, I vote "Present." William D. Alexander, 1/10/67 Representative of District 133 HOUSE OF REPRESENTATIVES Atlanta To: Clerk of the House From: Ben Brown, 135th Re: Reason for Vote of Present I find it impossible to vote for either of party nominees, therefore I enter an official vote of present to be recorded thusly. Ben Brown HOUSE OF REPRESENTATIVES Atlanta Julian Bond of the 136th District, at the direction of a majority of the voters of the 136th District, cannot vote for either Lester G. Maddox or Howard (Bo) Galloway and enters a vote of present. Julian Bond Mr. Busbee of the 79th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed. Lieutenant Governor Geer, President of the Senate, announced that the Joint Session dissolved. The House was called to order by the Speaker. 68 JOURNAL OF THE HOUSE, The following Resolutions of the House were read and adopted: HR 11. By Messrs. Murphy of the 26th, Caldwell of the 51st and Irvin of the llth: A RESOLUTION Relative to a joint session of the House and Senate for the purposes of inauguration of the Honorable Lester G. Maddox as Governor and the Honorable George T. Smith as Lieutenant Governor; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA that the House and Senate meet in joint session at 11:00 o'clock, a.m., Wednesday, January 11, 1967, for the purpose of inaugurating Honorable Lester G. Maddox as Governor and Honorable George T. Smith as Lieutenant Governor, which inauguration shall be held at high noon on the aforesaid date. BE IT FURTHER RESOLVED that a Committe of fourteen, seven to be named by the Speaker and seven to be named by the Presi dent, be appointed to escort the incoming Governor, the retiring Gov ernor, the incoming Lieutenant Governor, and the retiring Lieutenant Governor to the scene of the inauguration. Pursuant to the provisions of HR 11, the Speaker appointed on the part of the House the following members thereof: Messrs. Matthews of the 94th, Collins of the 88th, Doster of the 73rd, Johnson of the 24th, Murphy of the 26th, Potts of the 33rd and Caldwell of the 51st. HR 12. By Messrs. Murphy of the 26th, Caldwell of the 51st, and Irvin of the llth: A RESOLUTION Relative to the Committee on Arrangements for the inauguration of the Honorable Lester G. Maddox as Governor and the Honorable George T. Smith as Lieutenant Governor; and for other purposes, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that a Committee of fourteen, seven to be named by the Speaker and seven to be named by the President, be appointed to confer with the present Governor, the present Lieutenant Governor, the GovernorElect and the Lieutenant Governor-Elect relative to arrangements for the inauguration of the Governor and the Lieutenant Governor. TUESDAY, JANUARY 10, 1967 69 Pursuant to the provisions of HR 12, the Speaker appointed on the part of the House the following members thereof: Messrs. Thomas of the 77th, Holder of the 70th, Gaynor of the 114th, Longino of the 122nd, Ross of the 31st, Smith of the 3rd and Grahl of the 52nd. 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. 70 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Wednesday, January 11, 1967 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. Vernard E. Robertson, Pastor First Methodist Church, Americus, 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 doring the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees: HB 3. By Mr. Harris of the 118th: 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. WEDNESDAY, JANUARY 11, 1967 71 HB 4. By Mr. Harris of the 118th: A Bill to he entitled an Act to authorize and empower the Department of Public Safety to use timing devices and radar equipment to enforce the 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 Motor Vehicles. HB 5. By Messrs. Smith of the 54th, Steis of the 100th and Harris of the 118th: A Bill to be entitled an Act to revise, supersede and consolidate the Criminal Code of Georgia; and for other purposes. Referred to the Committee on Judiciary. HB 6. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 37-607, so as to provide that powers of sale and other powers in deeds of trust, mort gages, 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 described; and for other purposes. Referred to the Committee on Judiciary. HB 7. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 113-107 of the Code of Georgia relating to certain charitable devices made by persons leaving a wife or child, so as to limit the amount that such person shall be eligible to devise to charitable, religious, educational, or civil institutions; and for other purposes. Referred to the Committee to Judiciary. HB 8. By Messrs. Richardson and Battle of the 116th, Gaynor and Smith of the 114th, Gignilliat and Berry of the 113th, Tye and Whaley of the 115th: A Bill to be entitled an Act to amend an Act to create and organize Commissioners of Chatham County, who shall be ex officio Judges, to define their jurisdiction and duties, so as to change the method of filling vacancies which occur in the office of Commissioners of Chatham County and ex officio Judges; and for other purposes. Referred to the Committee on Local Affairs. HB 9. By Messrs. Richardson and Battle of the 116th, Gaynor and Smith of the 114th, Gignilliat and Berry of the 113th, Tye and Whaley of the 116th: A Bill to be entitled an Act to amend an Act to implement the provisions of Article 5, Section 7, Paragraph 2, of the Constitution of the State of 72 JOURNAL OF THE HOUSE, Georgia which created the Savannah District Authority, so as to provide for the expiration date of the terms of office of certain members; and for other purposes. Referred to the Committee on Local Affairs. HB 10. By Messrs. Richardson and Battle of the 116th, Gaynor and Smith of the 114th, Gignilliat and Berry of the 113th, Tye and Whaley of the 115th and Funk of the 116th: A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Pooler, so as to extend the corporate limits of said town; and for other purposes. Referred to the Committee on Local Affairs. HB 11. By Messrs. Richardson of the 116th, Gaynor and Smith of the 114th and Wells of the 30th: A Bill to be entitled an Act to amend an Act to revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933, so as to provide for the service of the petition and order for adoption upon non-residents and of those parties whose addresses are unknown; and for other purposes. Referred to the Committee on Special Judiciary. HB 12. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Chapter 67-13, relating to conveyances to secure debt, so as to provide for a new code section; and for other purposes. Referred to the Committee on Judiciary. HB 13. By Mr. Mauldin of the 18th: A Bill to be entitled an Act to abolish the office of Treasurer of Franklin County; to provide that the Commissioner of Roads and Revenues shall perform the duties of said Treasurer; and for other purposes. Referred to the Committee on Local Affairs. HB 14. By Mr. Hutchinson of the 79th: A Bill to be entitled an Act to authorize the State Personnel Board to provide a Health Insurance Plan for employees of the county boards of health; and for other purposes. Referred to the Committee on State of Republic. HB 15. By Mr. Hutchinson of the 79th: A Bill to be entitled an Act to amend an Act relating to motor vehicles, so as to provide that the wearing of a crash helmet by a person riding WEDNESDAY, JANUARY 11, 1967 73 upon or operating a motorcycle shall only be required during lawful contests of speed or endurance or both; and for other purposes. Referred to the Committee on Motor Vehicles. HB 16. By Messrs. Hale of the 1st, Smith, Cole and Leonard of the 3rd, Ward of the 2nd, Colwell of the 5th, Dailey of the 66th, Lovell of the 6th, Matthews of the 94th and others: A Bill to be entitled an Act to provide that the standard time of the State of Georgia and of all governmental agencies, units and political subdivisions of the State of Georgia shall be eastern standard time; and for other purposes. Referred to the Committee on Industry. HR 13-16. By Messrs. Richardson and Battle of the 116th, Gaynor and Smith of the 114th, Gignilliat and Berry of the 113th, and Whaley of the 115th: A Resolution proposing an amendment to the Constitution so as to authorize the governing authorities of the City of Savannah and Chat ham County to enact planning and zoning ordinances for historic pur poses; and for other purposes. Referred to the Committee on Special Judiciary. By unanimous consent, the following Bills and Resolution of the House was read the second time: HB 1. By Mr. Hall of the 67th: A Bill to be entitled an Act to amend an Act consolidating the offices and duties of Tax Receiver and Tax Collector of Terrell County into the single office of Tax Commissioner; and for other purposes. HR 6-1. By Messrs. Smith of the 54th, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, Lee of the 79th and Williams of the 16th: A Resolution proposing an amendment to the Constitution to provide that when no person receives a majority of the votes in an election for Governor, a runoff election shall be held between the two persons re ceiving the highest number of votes; and for other purposes. HB 2. 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. 74 JOURNAL OF THE HOUSE, The following communication was recevied: January 10, 1967 Honorable George L. Smith, Speaker House of Representatives Atlanta, Georgia Dear Mr. Smith: Pursuant to the rules of the House of Representatives, I hereby certify that Honorable T. B. Murphy of the 24th Representative District of Haralson County has been duly appointed by me as Administration Floor Leader of the House of Representatives. I further certify that Honorable John L. Caldwell of the 117th Representative District of Upson County and Honorable Thomas T. Irvin of the llth Representative District of Habersham County have been duly appointed by me as Assistant Administration Floor Leaders in the House. I will name Associate Administration Floor Leaders at a later date. With kindest regards, I am Sincerely, /s/ Lester G. Maddox Governor LGM/jh The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted the following Resolutions of the House to-wit: HR 11. By Messrs. Murphy of the 26th, Caldwell of the 51st and Irvin of the llth: A Resolution relative to the joint session of the House and Senate for the purposes of inauguration of the Hon. Lester G. Maddox as Governor and the Honorable Geo. T. Smith as Lieutenant Governor; and for other purposes. The President has appointed as a Committee of Escort on the part of the Senate: Senators Padgett of the 23rd, Gillis of the 20th, Rowan of the 8th, Coggin of the 35th, Flowers of the 10th, Spinks of the 9th and Webb of the llth. WEDNESDAY, JANUARY 11, 1967 75 HR 12. By Messrs. Murphy of the 26th, Caldwell of the 51st and Irvin of the llth: A Resolution relative to the Committee on Arrangements for the in auguration of the Honorable Lester G. Maddox as Governor and the Honorable George T. Smith as Lieutenant Governor; and for other purposes: The President has appointed on the part of the Senate: Senators Abney of the 53rd, Young of the 13th, Noble of the 19th, London of the 50th, Lee of the 47th, Minish of the 48th and Kilpatrick of the 44th. The hour of convening the Joint Session, under the provisions of HR 11 having arrived, the Senate appeared upon the floor of the House. The following Resolution was read: HR 11. By Messrs. Murphy of the 26th, Caldwell of the 51st and Irvin of the llth: A Resolution relative to the joint session of the House and Senate for the purposes of inauguration of the Honorable Lester G. Maddox as Governor and the Honorable George T. Smith as Lieutenant Governor; and for other purposes. The members of the General Assembly in Joint Session then proceeded to the Washington Street entrance to the Capitol, where the Joint Session, called for the purpose of inaugurating Governor-Elect Lester G. Maddox, and Lieuten ant-Governor-Elect George T. Smith, was called to order by Honorable Peter Zack Geer, Lieutenant Governor of Georgia. The inaugural program was as follows: INAUGURAL PROGRAM LESTER G. MADDOX Governor GEORGE T. SMITH Lieutenant Governor Inauguration of the Governor of Georgia January 11, 1967 LESTER G. MADDOX Governor A native Atlantan, was born September 30, 1915. He was educated in Atlanta public schools and furthered his education with correspondence courses in ac counting and engineering. His success story which stemmed from individual 76 JOURNAL OP THE HOUSE, initiative, dedication to a study of government, determination and hard work under the American Free Enterprise System, resulted in his election to the high office of Governor. His success story as a businessman began in 1927 when, at age 12, he became a newsboy. Lester Maddox worked his way up from meager earnings in private enter prise, starting at $4.00 weekly. He has spent many years in research, planning, developing, promoting, directing and managing of industrial manufacturing. At the early age of nineteen he was made supervisor of a large new Atlanta industrial plant. Later, he entered the retail business and started his successful Pickrick Restaurant, which he closed during the innovation of the Civil Rights Act of 1964. He has been successful in Real Estate Sales, Development, Grocery Field and has recently established a new retail business known as Pickrick Furniture. Lester Maddox has been a student of government since the age of 21 when he first registered to vote. As the years passed he became more interested in government as he noted with personal grave concern the federal encroachment of State and individual rights that brought to the forefront his desire and determination to seek the office of Governor. Mr. Maddox is Baptist and has taught a Men's Bible Class for many years. He is both a York Rite and Scottish Rite Mason; a Moose; member of the Georgia State and United States Chamber of Commerce; the Atlanta Better Business Bureau; National Retail Furniture Association; the Travelers Protective Asso ciation and the Junior Order United American Mechanics. In addition, he is a member of the Buckhead Fifty Club; Honorary Member, Georgia Sheriff's Asso ciation; Peace Officers' Association of Georgia and Justices of Peace and Con stables Association of Georgia. He is also president of the Westgate Merchants Association and active in numerous other civic and business groups. Mr. Maddox lives with his wife, Virginia, and one son and daughter. He has another, son, daughter and two granddaughters all of Atlanta. GEORGE T. SMITH Lieutenant Governor George Thornewell Smith is a native of Mitchell County, Georgia and a graduate of the public schools there. He became a "drop out" when as a 13 year old he was forced to help out on the family farm, but he returned five years later to complete his education. Working his way through school and into the first political activities of his career, George T. became president of the student body at Abraham Baldwin Agricultural College at Tifton. Then came another five year "drop out" in his educational career--this time to serve his country in the U. S. Navy. Upon his discharge in 1945, as a lieutenant commander, he entered the University of Georgia Law School. When he received his law degree, he went to Cairo to join S. P. Cain in the practice of law. Today that partnership still stands and the Grady County seat has been his residence since. WEDNESDAY, JANUARY 11, 1967 77 Almost simultaneously with his move to Cairo came his membership in the Kiwanis Club and he now has completed 19 years of perfect attendance. During the years he has served as both lieutenant governor and governor of this civic organization. He was elected city attorney of Cairo in 1949 and a year later was elected to also serve as county attorney, holding both positions for nine years. He was elected to the House of Representatives in 1958 and remained there until his election to his present position. He was elected Speaker of the House in 1963, again in 1965 and for a third time in the reapportioned House in 1966. INAUGURAL PROGRAM January 11, 1967 -- Washington Street Entrance -- State Capitol 10:00 A.M. Band Selections _.._._._.______..__.__._.____-__--.--Dykes High School Band Milton High School Band 11:30 A.M. Joint Session ........................_--.-....Called to order by Honorable Peter Zack Geer, Lieutenant Governor Invocation.------------------Reverend James L. Adkins, Woodlawn Baptist Church, Augusta, Georgia The National Anthem ._.--_--------------------..--------.Dykes High School Band Recognition ..................................of State House Officers and Distinguished Guests Presentation ______----___--------of Honorable Carl E. Sanders, Outgoing Governor Delivery of Great Seal of Georgia to Governor.---Honorable Ben W. Fortson, Jr., Secretary of State 12:00 Noon Administration of Oath of Office to Governor Elect--.-Honorable Carlton Mobley (Ruffles, Flourishes and Salute) Associate Justice, Supreme Court Delivery of the Great Seal of Georgia to the Secretary of State Governor Lester G. Maddox Inaugural Address _._,,--_......_......--.............................Governor Lester G. Maddox Administration of Oath of Office to Lieutenant Governor Honorable Charles A. Pannell, Judge, Court of Appeals Address .._..----_----------------------..-_Lieutenant Governor George T. Smith Song -- God Bless America .------_------......__--.......__._..........Reverend Henry Grosh Benediction _.___--Dr. John R. Richardson, Westminster Presbyterian Church, Atlanta, Georgia Dissolution of Joint Session ._...._..._....--.......Lieutenant Governor George T. Smith CONSTITUTIONAL OFFICERS Governor ....._..__..,,__....__..._.._..._._.__.__...._.__._._.__...Lester G. Maddox Lieutenant Governor _......--.-...----.----.--------------_..._.___..George T. Smith Speaker of House of Representatives _....._..._._._....._._...__..George L. Smith, II Secretary of State --__--___________...--______...........Ben W. Fortson, Jr. Comptroller General .........._--_._--------___....__.------..--------James L. Bentley Attorney General ...._,,_.__..__.._.._....._._.__.___.______.._..Arthur K. Bolton State Treasurer ...._..........._._.__....._____--..._________------.__._..Jack Ray Superintendent of Schools .----....._..._------...._._____.._._.....__......._Jack Nix Commissioner of Agriculture _-_...._..............._......_......_........._Phil Campbell Commissioner of Labor ------__-,,_____..._..--,,_.--._.__._....___Sam Caldwell 78 JOURNAL OF THE HOUSE, Public Service Commissioners Crawford L. Pilcher Chairman Alpha A. Fowler William Kimbrough Walter R. McDonald Ben T. Wiggins SUPREME COURT Chief Justice .._-----_--__--------------------_______-__-----____.W. H. Duckworth Presiding Justice _....----...__...__.___........._________._.....--....Bond Almand Associate Justice ._---_.___._.___.._._._...____..._._._...____._Carlton Mobley Associate Justice __..........___._._.___....__.--._...--._....._--Benning M. Grice Associate Justice _._.._..__~_......._.___.__..___.__,,,,.--__..Eugene Cook Associate Justice ~___.__._--_..__..._----______...__________________H. E. Nichols Associate Justice ___..___--_.__._----____._--_.Hiram K. Undercofler COURT OF APPEALS Chief Judge _._...__._______....______,,_.,,_______..........._-Jule W. Felton Presiding Judge...--.---.__....___......_._..._._..__.___.John Sammons Bell Presiding Judge...___._.______..__--._._____._.____John E. Frankum Judge------.--_..--...______.______--......_-----....__.Homer C. Eberhardt Judge--------._......--._____..--___..__-_..--.._-_--_.__..__Charles A. Pannell Judge.--.__.__--_.--...__.___...._.__...__..__._._.__..........Robert H. Jordan Judge._.__.._______.___--___----..._.._..........___.____..Robert H. Hall Judge .___._..-----___.__----___,,--._..___...._.__.____..___Braswell Deen, Jr. Judge --------------___..._.____.....___---_.--__.__--....J. Kelley Quillian GEORGIA STATE SENATE GEORGE T. SMITH, Lieutenant Governor Billy Shaw Abney I. William Gregory, Jr. Billy Adams J. Battle Hall Ronald F. Adams Sam P. Hensley Robert E. Andrews Render Hill Oliver C. Bateman R. Eugene Holley Paul C. Broun A. W. Holloway Hugh A. Carter Ben F. Johnson Cyrus M. Chapman Leroy R. Johnson Frank E. Coggin Joseph E. Kennedy H. McKinley Conway, Jr. Culver Kidd Jay Carroll Cox Thomas Kenneth Roscoe Emory Dean, Jr. Kilpatrick Frank Eldridge, Jr. John Steverson Knight Jack C. Fincher, Sr. Robert E. Lee, Jr. W. W. Fincher, Jr. Maylon London William Howard Flowers, Dan I. Maclntyre, III Jr. Sam P. MeGill Jay Gardner John T. McKenzie Hugh M. Gillis Frank G. Miller Dr. J. Albert Minish Albert F. Moore Roy V. Noble Michael J. Padgett Brooks Pennington, Jr. Lamar R. Plunkett Robert A. Rowan William A. Searcey Bart E. Shea Robert Harris Smalley, Jr. Armstrong Smith Stanley E. Smith, Jr. Ford Belmont Spinks Jack L. Stephens Horace T. Ward Julian Webb James P. Wesberry, Jr. Martin Young WEDNESDAY, JANUARY 11, 1967 79 GEORGIA HOUSE OF REPRESENTATIVES GEORGE L. SMITH II, Speaker G. D. Adams, Jr. William H. Alexander John H. Anderson, Jr. W. D. Ballard Mac Barber H. M. Barfield Joseph A. Battle Jim T. Bennett, Jr. C. Ed Berry Jack K. Berry J. Lucius Black D. B. Blalock Julian Bond Henry Bostick Rooney L. Bowen E. O. Branch Haskew H. Brantley, Jr. Hines L. Brantley Claude A. Bray, Jr. Ben Brown Clayton Brown, Jr. Thomas B. Buck, HE George D. Busbee Johnnie Lafayette Caldwell Charlie L. Games Goodwyn Gates Anthony Wallace Cato Philip M. Chandler Donald E. Cheeks Harold G. Clarke Jack H. Cole John F. Collins Marcus Collins Carlton H. Colwell James L. Conner Rodney M. Cook Bill Cooper J. Robert Cooper Dr. William J. Cox William J. Crowe W. J. Crowe J. T. Dailey J. C. Daugherty Walt Davis Nathan Dean R. Luke DeLong R. A. Dent Kent Dickinson Tom Dillon Harry D. Dixon Carr Glover Dodson Hubert Dollar A. B. C. Dorminy Norman B. Doster Dubignion Douglas Ward Edwards Michael J. Egan, Jr. Billy Gene Fallin Leon Farmer, Jr. Robert H. Farrar William M. Fleming, Jr. James H. Floyd Arthur J. Funk Arch Gary Carlus D. Gay Alan S. Gaynor Arthur M. Gignilliat, Jr. Daniel K. Grahl Rev. J. D. Grier, Jr. John H. Hadaway Maddox J. Hale H. Goodwin Hall Mrs. Grace T. Hamilton J. Floyd Harrington Joe Frank Harris J. Robin Harris Reid Walker Harris Robert Ward Harrison, Jr. Dr. J. H. Henderson, Jr. Joe S. Higginbotham Guy Hill Dr. Frank P. Holder, Jr. John Hood G. Robert Howard William Mobley Howell R. S. Hutchinson Thomas T. Irvin L. F. Jenkins Dr. A. S. Johnson, Sr. Bobby W. Johnson Francis A. Joiner Charles M. Jones Milton Jones George Jordan W. Harvey Jordan Howard Kaylor Donald R. Kirksey Ed Knapp W. E. Laite, Jr. Ezekiel Roy Lambert Nick G. Lambros A. T. Land, Sr. Dick Lane GEORGIA HOUSE OF REPRESENTATIVES (Continued) W. Jones Lane William J. Lee William S. Lee Homer Leggett Gerald H. Leonard Elliott H. Levitas Preston B. Lewis Young Hugh Longino Fulton Lovell Sidney Lowrey Harry Magoon W. B. Malone James D. Mason Chappelle Matthews Dorsey R. Matthews A. T. Mauldin Regnald Maxwell, Jr. Quimby Melton, Jr. Janet S. Merritt Mitch Miller Jerry Lee Minge Harry Mixon Marvin E. Moate Don C. Moore John Harvey Moore C. C. Moreland Edwin G. Mullinax Thomas B. Murphy Devereaux F. McClatchey J. Roy McCracken Hugh Lee McDaniell Norris J. Nash Paul E. Nessmith, Sr. 80 JOURNAL OF THE HOUSE, A. Sid Newton S. D. Nimmer Lamar Dailey Northcutt Colquitt Hurst Odom Jamie W. Oglesby James A. Otwell, Jr. Robert C. Pafford Tom Palmer James W. Paris Clarence A. Parker H. Walstein Parker Alien LaRue Parrish, Sr. David C. Peterson Glenn S. Phillips Mac Pickard Edwin Carroll Poss George W. Potts Joe P. Ragland Howard H. Rainey Henry L. Reaves Willis J. Richardson, Jr. Thomas A. Roach Ben Barren Ross Emory L. Rowland Dewey D. Rush Henry P. Russell, Jr. Carl Preston Savage, Sr., M.D. Richard Morgan Scarlett Tom L. Shanahan John H. Sherman I. Lawrence Shields Howard Simmons William A. Sims, Jr. George L. Smith, II George W. Smith J. R. Smith Virgil T. Simth W. Lance Smith Wayne Snow, Jr. Paul Stalnaker Richard L. Starnes, Jr. William Burton Steis B. Jack Sullivan Ottis Sweat, Jr. Glenn Thomas, Jr. Albert W. Thompson Roscoe Thompson Jack E. Threadgill Kil Townsend Ray M. Tucker Cecil Turner J. Robert Tye Joe C. Underwood David N. Vaughan, Jr. Clarence R. Vaughn, Jr. Bob Walling Burton M. Wamble Bert Ward J. Crawford Ware Hubert H. Wells James R. Westlake George W. Whaley, Jr. William J. Wiggins W. M. Williams Joe Mack Wilson Roger Wesley Wilson Fred L. Winkles Joe T. Wood INAUGURAL COMMITTEE T. Malone Sharpe ......_.__......___.._____._...............................Chief of Staff Thomas T. Irwin __._...__..........__.._____-,,___-_--_-_--._-_.---.-.__Representative E. Alvin Foster.........___.I----....Judge, Civil and Criminal Court, Clayton County George J. Hearn...--._.____..__.._________________________..........The Adjutant General George T. Smith______________________.._._..._.___.....___________..Lieutenant Governor George L. Smith, II______________ _________________________________________.....Speaker of House Morgan R. Redwine, Jr.______-__......_______________________....._...Executive Secretary Jack Gunter _......._...._.._.__________.--_,,...._._..._......Assistant Attorney General James L. Gillis, Sr. ____._...___________________Chairman, State Highway Board James H. Gray ____________.._.._________________________.Chairman, State Democratic Party Ben W. Fortson, Jr. _._._______.__.__...._______________________________.___,,._. Secretary of State Dale Smith George Wilson Clayton Turner DEMOCRATIC EXECUTIVE COMMITTEE James H. Gray, Chairman Mrs. Wallace Baxter Raymond E. Carow Dr. William Dyer Jack Gunter George B. Hamilton Ross Lucas Judge Hubert Morgan Joe Sports W. D. Trippe Sam T. Turnipseed George W. Wilson Governor Maddox delivered the following address immediately after taking the oath of office from Georgia Associate Supreme Court Justice Carlton Mobley: WEDNESDAY, JANUARY 11, 1967 81 LIEUTENANT GOVERNOR SMITH, GOVERNOR SANDERS, SPEAK ER SMITH, DISTINGUISHED MEMBERS OF THE GENERAL ASSEMBLY, DISTINGUISHED JURISTS AND STATE OFFICIALS AND MY FELLOW GEORGIANS: The emotions of this moment are many and mixed. But that which is uppermost in my heart ... is a deep sense of humility. I am humbled by the honor you do me . . ., by the magnitude of the task you have entrusted to me ... by the gravity of the re sponsibility you have vested in me and--most of all--by the confidence you thus have demonstrated in me. For this I shall be eternally grateful . . . But, more than grati tude, ... I pledge to you my fullest energy and every effort for the next four years ... to measure up to your honor ... to fulfill your trust ... to discharge the responsibility you have delegated to me . . . and to merit your confidence. And in setting out this noon ... to labor towards those ends I do so with the prayer of Solomon of old: ". . . O Lord my God . . . Thy servant is in the midst of Thy people whom Thou has chosen . . . give Thy servant therefore an understanding mind to govern this Thy people, that I may discern between good and evil; for who is able to govern this Thy great people?" We meet today at the end of a long and tortured trail . . . from the political platform, to the ballot box, to the courts and into the legislative forum. It has been a journey which has tried the public patience and has tested the procedures of democracy. There were issues which divided us and there were inconclusive results . . . which brought us several times to the brink of despair. But because of the vitality of our institutions . . . because of the adherence of our people to the processes of law and order . . . and because of the faith of Georgians in the ultimate triumph of their will . . . continuity of government has been maintained and an orderly transition of leadership effected. We have reason to be proud of the restraint of the partisans of all sides ... of the forebearance of the electorate as a whole ... of the dispatch and dignity with which the courts resolved the points at issue ... of the statesmanship of our able and respected outgoing Governor, Honorable Carl Sanders . . . and, most particularly, of the courage and responsibility with which the members of this General Assembly faced up to and discharged the difficult duty imposed upon them by the Constitution of our State. One step yet remains to bring a satisfactory conclusion to our year of searching and indecision. 82 JOURNAL OF THE HOUSE, And that, my Friends, is for all of us--those gathered here and the remainder of Georgia's four and one-half million citizens who are elsewhere--to unite in the cause we all hold in common. That cause is the building of a greater and more prosperous Georgia with expanded horizons of opportunity for all. That is a cause which is greater than any one or group of us. That is a cause which transcends all differences of philosophy and politics. That is a cause which requires the help and support of all Georgians--young and old, poor and rich, farmer and city dweller and Democrat and Republican regardless of race, creed, color or national orgins. I seek that help. I ask that support. The great architect of our democracy--the revered Thomas Jeffer son--faced division when he assumed the presidency. And the words with which he dealt with that subject in his inaugural address are as vital and as apropos to our situation now ... as they were to his then. "Let us", he declared, "restore to social intercourse that harmony and affection without which liberty and even life itself are but dreary things. And let us reflect that having banished from our land that religious intolerance under which mankind so long bled and suffered . . . we have yet gained little if we countenance a political intolerance as despotic ... as wicked . . . and as capable of as bitter and bloody persecutions." Mr. Jefferson then went on to state that "difference of opinion is not a difference of principle." And he concluded that "error of opinion may be tolerated where reason is left free to combat it." More than a century and a half have proved the Jeffersonian con cept of government--that the people, when given the facts and the opportunity to act upon them, can be counted upon to decide public matters wisely. I subscribe to the principles of Jeffersonian democracy with its emphasis upon unity in the pursuit of common goals . . . upon the free interchange of ideas in areas of differing opinion . . . and upon final determination of issues by the people themselves. That is the American way. That is the Georgia way. That will be the way of the Maddox Administration. WEDNESDAY, JANUARY 11, 1967 83 Much has been said and written about there being no mandate for anyone in our primaries and election of last year. I dispute that. I consider the people to have spoken loudly and clearly . . . not only about what they want and expect from their new Administration . . . but also about what they do not want and will not tolerate from it. They want a public school system equal to the best in the nation . . . and they want every child regardless of his circumstances or where he lives to be prepared to compete on an equal basis . . . with every other child in the country. They want a system of higher education adequate to the needs of today and of the 21st century just ahead . . . and they want that education made available to every youth capable of profiting by it. They want swift completion of our interstate highway system . . . a solution to the traffic and transit problems of our cities . . . and an end to the slaughter on our highways. They want dignity, comfort and adequate facilities and treatment for the mentally ill ... the retarded and the aged . . . and they want a decent, modern correctional system dedicated to rehabilitation. They want training for the unskilled and unemployed . . . and they want a vigorous, effective industrialization program to assure jobs now and in the future . . . for all who can and will work. They want aid for our strangling cities and our struggling smaller communities and they want to be allowed to solve local problems on the local level. They want all citizens to be safe in their homes and on the streets . . . and for private property to be protected from the thief . . . the hoodlum and the mob. They want their State Government to continue to be operated on a sound, economical, businesslike basis . . . with morality and honesty scrupulously enforced in all its agencies and activities. Those are the positive aspects of the people's mandate. On the other hand, we have been told: The people do not want any undue change in the direction or policy of their state government. They do not want a single school closed or the right of a child to be educated or a teacher to teach to be impaired. 84 JOURNAL OF THE HOUSE, They do not want riots in the streets or breaches of the peace in public places or institutions. And, above all, they do not want any extremist organization or group to have any voice or influence in any State programs. These points, my Fellow Georgians, constitute the mandate I read into the returns from the ballots you cast in 1966. It is a mandate for progress and responsibility . . . which I accept wholeheartedly and without reservation ... as your servant and as the instrument of your will. It is a mandate which the Maddox Administration will follow as the chart for its court over the next four years. It is a mandate which will be carried out in accordance with the advice from the best minds in Georgia . . . and the wishes of the people as expressed through their elected representatives. No one realizes more than I that the Administration of four years of multi-million-dollar budgets . . . and the formulation and implemen tations of complex policies ... is not a one-man job. Immediately following this ceremony, I will announce my appoint ments to the key offices of the Executive Branch. I have called upon people I believe to be capable, competent and committed to no interest except that of Georgia and its citizens ... to serve you in these jobs. I have impressed upon all of them that I shall expect their services to be in accordance with the yardstick set by Henry Clay when he said: "Government is a trust, and the officers of the Government are trustees, and both the trust and the trustees are created for the benefit of the people." As soon as possible I will name a number of task forces to make specific recommendations for legislative and administrative action in fields of major interest and concern. I will call on leaders in all areas of endeavor throughout the State-- women as well as men--to serve on these groups. These men and women will make thorough studies of all aspects of our problem areas. In some cases they will hold hearings to ascertain public thinking and to get citizen recommendations. And in all cases they will be requested to present detailed programs dealing with how as well as what . . . for my consideration in time for presentation to the 1968 Session of the General Assembly. There will be task forces in the fields of education, mental health, highways and highway safety, industrialization, corrections and law enforcement and perhaps others where the need for studies in depth is evident. WEDNESDAY, JANUARY 11, 1967 85 We will take steps to avoid any further repetition of the confusion and controversy caused by the primaries and general election last year. First, during the coming months ... I will study and evaluate the State Election Code in light of our experience since its adoption in 1964 . . . consulting election officials as to means to strengthening and improving our election machinery in Georgia . . . and such changes that might be needed will be prepared for submission to the earliest possible Session of the General Assembly. And, second, I will ask the General Assembly to submit to the voters for ratification in the 1968 General Election a constitutional amendment to require a run-off election for Governor between the top two candidates ... in the event no candidate receives a majority in the general election. The people have made it very clear that they want to do the electing of their Governors themselves. That this is their right is a conviction I have long held and expressed often . . . and the assurance of that right under all circumstances is a priority goal of the Maddox Administration. The Maddox Administration will not shirk its responsibility in the matter of legislative reapportionment. Georgians believe, as do I, that the states should have the right to apportion one House on the basis of population ... as in the United States House of Representatives . . . and the other on the basis of geography ... as in the United States Senate. But Georgia is under federal court order to reapportion the General Assemblance in accordance with the "one man--one vote" principle by May of this year. The only alternative to acting ourselves is to let the federal courts do the job for us. And such a course is wholly unaccept able to all of us who believe in states' rights and states' responsibilities. It would be unwise to complicate the deliberations of the regular session of the General Assembly now underway with this complex and controversial task. Therefore, I have decided to call a special session next spring for that sole purpose. And, at an early date, I will confer with the Lieutenant Governor and the Speaker of the House to reach agreement on a date for a special session. Believing ... as I do ... in the separation of powers of govern ment. I will make no recommendation as to how reapportionment should be accomplished . . . unless it becomes evident . . . that a ma jority of the Members of the General Assembly cannot agree on an acceptable plan. I am confident they will meet their responsibility in this regard and will enact a plan the federal courts will approve. The Maddox Administration will address itself to another grave need of our state -- that of a new, modern State Constitution. It is all too obvious that we cannot expect our State and its Govern ment to continue to be responsive to the demands upon them under 86 JOURNAL OF THE HOUSE, our present patchwork Constitution. The multiplicity of amendments on which we had to vote last fall was proof of its failure. We cannot legislate at the ballot box so we must have effective home rule and local self-government for our cities and counties. And the only way we can get them is through writing a new Constitution attuned to a modern, growing Georgia. I will ask the reapportioned General Assembly to call such a Con stitutional Convention. This will be done with a view toward submitting a new Constitution to the people before the end of this Administration. We will not hesitate to meet head-on these and whatever other problems subsequently may arise and endeavor to resolve them in the best interests of the people. Of this one fact, all Georgians may be assured: -- We will solve Georgia problems in Georgia and channel change to the benefit of the people of our State while Lester Maddox is Governor. There is no necessity for any conflict to arise between federalstate authority. We should--and we can--solve any disagreements under the framework of the Constitution . . . respecting the authority of the national government . . . and being ever-mindful of protecting the rights of Georgia and Georgians. That will be true because the Maddox Administration will do its utmost here at home . . . within the framework of law and order . . . to solve those issues and problems which must be solved at home. I say this to you: I will keep my eyes fixed awarely on the proper conduct of State business and service to all the people of Georgia. Our single goal is that of restoring the voice and involvement of the people in determining their own destinies through solving local problems on the local level. The Maddox Administration will support and provide increased financial assistance to cities and counties ... in solving their own prob lems locally, or, where those problems are statewide in scope or beyond local capacity to solve .... we will act promptly on the state level to deal with them realistically and effectively. Law and order will be upheld in Georgia during the Maddox Administration. The first responsibility of Government is protecting the lives and property of all its people. That responsibility will be met! No person need counsel others to engage in riots and disturbances because there will be no need for any person or group to take grievances or problems into the streets. Should any person or group in the State of Georgia have any prob lems or grievance, the place to take it is to duly-constituted authority WEDNESDAY, JANUARY 11, 1967 87 on the local level, if a local matter, or to me, as Chief Executive, on the State level, should it require a State solution. There will be no place in Georgia during the next four years for those who advocate extremism or violence. Peace and tranquility will prevail in this State while Lester Maddox is Governor. The Maddox Administration will be one of compassion and concern. Those Georgians who cannot help themselves will have a friend in the Governor's chair for the next four years. That goes for the school child who will be the product of the kind of education we give him. That goes for the bright youngsters with the potential of greatness who cannot afford a college education. That goes for the unfortunate victim of mental illness and for the forgotten and abused inmate of a correctional institution. That goes for the poor fellow who has lost his job and would work if only he could find another or learn another skill. That goes for the high-minded mother of the slum family who would inspire her children to a better future if only she could break the chains of poverty that bind her and them. My friends, you now have a Governor who knows what it is to be poor ... to want an education and be denied one ... to toil for a living and to meet a payroll the hard way. I will not forget those lessons of the past but rather will do every thing possible to apply them in a constructive way so as to spare the children who come after us some of those agonies and hardships. In this moment of beginning and dedication, I would emphasize my total commitment to the proposition that there is room enough for everyone in our great State of Georgia. There is room enough for every faith, every ideal and every shade of opinion--and room enough for full freedom to express them by the individual citizen ... as well as by the press and communications media. There is room enough for the right of dissent as well as the right to conform. There is room enough for the right to pursue one's honest livelihood without fear of opposition, for the right to live at peace with one's neighbor and for the right to be left alone, secure and unafraid, by one's own fireside. JOURNAL OF THE HOUSE, There is room enough for honest, effective, efficient government at all levels . . . each acting within its proper sphere of authority . . . and for the right of each person to speak out and to act when, in his own conscience, he feels there are things which must be set to rights. Liberty! Freedom! Those are the watchwords of American democracy and the founda tion stones of the Georgia philosophy of government. Georgians love their freedom and they believe with Daniel Webster that: "God grants liberty only to those who love it, and are always ready to guard and defend it." Thus, on this solemn occasion, I pledge myself and your new State Administration . . . not only to the protection and preservation of these inalienable rights we hold so dear . . . but also to the responsible exercise of them. My deepest and most heartfelt desire is to weld all Georgians together into one unified force to improve our State and the opportunity it affords our people, particularly our children. Georgia belongs to all of us. She belongs to every citizen. Her interests and welfare are the interests and welfare of all. As I promised you as the people's candidate, I promise you as the people's Governor, ours shall be a People's Administration. Accordingly, the Governor's office shall set aside specifically the first and third Wednesday afternoons of each month for the people to meet their Governor and for their Governor to confer with them. As I had the opportunity to shake the hands of Georgians during the campaigns of last year, so I look forward to having this twicea-month opportunity to shake them again during my Administration as your Governor. When the record of this Administration is written four years hence, let it be said that in the conduct of daily affairs of the Office of Governor the people's interests were protected first, last and always. Let it be said that bold, courageous leadership was offered. Let it be said that in all State dealings, they were handled honestly. Let it be said that the rights of the State and her people were guarded jealously and protected fully. Let it be said that in these four years emphasis was put on the true values of government and of life. WEDNESDAY, JANUARY 11, 1967 89 Let it be said that those who worked in this Administration did so with sweat, toil and prayer in dedication to get the job done. Let it be said that there was full citizen participation in the State Government during these years. Let it be said . . . notwithstanding the fact that the goals set at the outset were high . . . that they were achieved in the realization . . . that no worthwhile accomplishments can be attained without setting great goals. Let it be said that we did not seek things merely because they were easy to accomplish. Let it be said that we recognized the challenge and met it. Let it be said that we were not content with being average but rather sought and achieved nothing less than leadership in all areas. The task is before us. Our duty is clear. Georgia's destiny is in our hands. Toward its realization I ask for your advice, your support, your help and your prayers . . . and, in turn, pledge to you my best and my all. Thank you and God bless you! Lieutenant-Governor George T. Smith delivered the following address: The ritual of Inauguration has a definite function and a definite place in American politics . It is at this time when the elected official raises his hand and takes the oath of office . . . that the realization hits him. The realiza tion that this is the one moment in his life when he conies to terms with himself. This, then, is my moment It is an awesome experience standing here today .... not only before you, the people of Georgia who elected me ... but with the knowledge that right at this moment the ayes of the nation are focused on this platform ... on your newly-elected state executives. There is an old adage that as soon as a person is elected to high public office, his eyes open wider . . . his vision becomes broader . . . and his heart becomes bigger. The oath of office automatically gives his role a new meaning. No longer is he representing just his own party, his own friends . . . and his own supporters. He now has an equal loyalty and obligation to those who voted against him ... to those who didn't bother to vote at all ... and to those young citizens who are not yet eligible to vote. 90 JOURNAL OF THE HOUSE, Yes ... it is indeed an awesome moment when I realize that we are responsible to ... and jointly responsible for . . . more than 4% million men, women and children in Georgia. And, as your number two elected official, it is my sacred duty to bring honor and dignity to the office of Lieutenant Governor. I have a sacred obligation to each of you to perform my duties in such a manner that more and more of our highest caliber citizens will continue to seek public office. I must prove that holding public office is a most honor able profession and should be open only to the most dedicated. The progress that Georgia has enjoyed during the past eight years has been phenomenal. But it didn't just happen. It has taken new blood, new thinking, new vitality, an entirely new concept, new leader ship . . . typified by our outgoing Governor, Carl Sanders . . . who has been labeled as a composite of the "New South". I am proud to have been a part of this development. My friends . . . progress has become habit-forming. We have all learned to like it ... and all it brings with it. We like our prosperity. We are proud of our tremendous expansion in population, industry and trade. We are proud of our great gains in educational opportunities for our young people. We are proud of the moral climate which makes us concerned for the people and their needs. We are proud of our Georgia . . . and we shall continue to take pride in it. There can be no turning back. Our sights are set too high to ever consider waivering even a bit. You placed your confidence and trust in me at the polls. For this I am deeply grateful. I pledge that I shall never betray this trust. I pledge that I will perform the duties of my office to meet your most exacting demands. It is my desire to bring more status to the Lieutenant Governor's office by establishing a close working relationship with the chief executive of this State. To him I offer my wholehearted cooperation and experience in state government so that together we may accomplish our mutual aim. But in return we must have your unqualified support. The elections are over. Many of you may be disappointed. But Georgia is your State. Its future means your future. And the future, per se, overrides partisan politics. We must not stop growing. We must now close ranks . . . forget partisan politics and get on with the business at hand of esca lating Georgia's growth. I am counting on each of you for your continued support. Senator Webb of the llth moved that the Joint Session be now dissolved and the motion prevailed. WEDNESDAY, JANUARY 11, 1967 91 The President of the Senate announced the Joint Session dissolved. The House convened and was called to order by the Speaker. Mr. Dorminy of the 72nd moved that the House do now adjourn until 11:00 o'clock tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 11:00 o'clock tomorrow morning. 92 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Thursday, January 12, 1967. The House met pursuant to adjournment at 11:00 o'clock, A.M., this day and was called to order by the Speaker. Prayer was offered by Dr. Robert V. Ozment, Pastor First Methodist Church, Atlanta, 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 uaninmous 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 Resolution of the House were introduced, read the first time and referred to the committees: HB 17. By Messrs. Farrar and Harris of the 118th, Hood of the 124th, DeLong of the 105th, McDaniell of the 101st, Newton of the 50th, Reaves of the 99th and Barber of the 24th: A Bill to be entitled an Act to be known and may be cited as "The Act Creating the Public School Employees Retirement System"; and for other purposes. Referred to the Committee on Education. THURSDAY, JANUARY 12, 1967 93 HB 18. By Mr. Farrar of the 118th: A Bill to be entitled an Act to amend an Act providing for the regu lation of the installment of warm air heating equipment, so as to change the provisions relating to the qualifications to be a member of the Board of Examiners; and for other purposes. Referred to the Committee on Industry. HB 19. By Mr. Harris of the 118th: 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 20. By Messrs. Harris of the 118th, Sweat and Dixon of the 83rd. A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for credit to certain members for previous service as employees of the Georgia Cooperative Services for the Blind, Inc.; and for other purposes. Referred to the Committee on State of Republic. HB 21. 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 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. HB 22. By Mr. Harris of 118th: A Bill to be entitled an Act 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 Special Judiciary. HB 23. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal years July 1, 1965 through June 30, 1967, so as to provide for budgetary authorization in relating to certain highway contracts; and for other purposes. Referred to the Committee on State of Republic. 94 JOURNAL OF THE HOUSE, HB 24. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 67-2002 relating to laborers, contractors, and materialman liens, so as to provide that such liens shall state the amount claimed due; and for other purposes. Referred to the Committee on Judiciary. HB 25. By Messrs. Harris and Levitas of the 118th: A Bill to be entitled an Act to amend Code Section 113-1005, relating to the appointment of appraisers, so as to provide 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; and for other purposes. Referred to the Committee on Special Judiciary. HB 26. By Messrs. Harris, Levitas and Farrar of the 118th, Jones of the 112th, Harris of the 85th, Minge of the 13th and Vaughn of the 117th: 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 remove the right of the defendant 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 27. By Mr. Irvin of the llth: A Bill to be entitled an Act to amend Code Section 34-802 relating to certain public officials being elected as the November election so as to provide that such Section shall not apply to members of county govern ing authorities in counties of a certain population under certain circum stances; and for other purposes. Referred to the Committee on State of Republic. HB 28. By Mr. Levitas of the 118th: A Bill to be entitled an Act to amend Code Title 34, known as the Georgia Election Code, so as to prohibit certain political activities; and for other purposes. Referred to the Committee on State of Republic. HB 29. 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. THURSDAY, JANUARY 12, 1967 95 HB 30. 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 31. By Mr. Rush of the 75th: A Bill to be entitled an Act to abolish the present mode of compensating the Coroner of Tattnall County, known as the fee system; and for other purposes. Referred to the Committee on Local Affairs. HB 32. 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 33. By Messrs. Moore of the 20th and Barber of the 24th: A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", so as to include within the term "certificated professional personnel", assistant principals; and for other purposes. Referred to the Committee on Education. HR 14-33. By Messrs. Lowrey, Starnes and Minge of the 13th: A Resolution designating the A. W. Ledbetter Interchange; and for other purposes. Referred to the Committee on Highways. By unanimous consent, the following Bills and Resolution of the House were read the second time: HB 3. By Mr. Harris of the 118th: 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 4. By Mr. Harris of the 118th: 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 96 JOURNAL OF THE HOUSE, the traffic ordinances and laws and safety regulations on the streets, roads and highways of this State; and for other purposes. HB 5. By Messrs. Smith of the 54th, Steis of the 100th and Harris of the 118th: A Bill to be entitled an Act to revise, supersede and consolidate the Criminal Code of Georgia; and for other purposes. HB 6. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 37-607, so as to provide that powers of sale and other powers in deeds of trust, mort gages, 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 described; and for other purposes. HB 7. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 113-107 of the Code of Georgia relating to certain charitable devises made by persons leaving a wife or child, so as to limit the amount that such person shall be eligible to devise to charitable, religious, educational, or civil institutions; and for other purposes. HB 8. By Messrs. Richardson and Battle of the 116th, Gaynor and Smith of the 114th, Gignilliat and Berry of the 113th, Tye and Whaley of the 115th: A Bill to be entitled an Act to amend an Act to create and organize Commissioners of Chatham County, who shall be ex officio Judges, to define their jurisdiction and duties, so as to change the method of filling vacancies which occur in the office of Commissioners of Chatham County and ex officio Judges; and for other purposes. HB 9. By Messrs. Richardson and Battle of the 116th, Gaynor and Smith of the 114th, Gignilliat and Berry of the 113th, Tye and Whaley of the 116th: A Bill to be entitled an Act to amend an Act to implement the pro visions of Article 5, Section 7, Paragraph 2, of the Constitution of the State of Georgia which created the Savannah District Authority, so as to provide for the expiration date of the terms of office of certain members; and for other purposes. HB 10. By Messrs. Richardson and Battle of the 116th, Gaynor and Smith of the 114th, Gignilliat and Berry of the 113th, Tye and Whaley of the 115th and Punk of the 116th: A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Pooler, so as to extend the corporate limits of said town; and for other purposes. THURSDAY, JANUARY 12, 1967 97 HB 11. By Messrs. Richardson of the 116th, Gaynor and Smith of the 114th and Wells of the 30th: A Bill to be entitled an Act to amend an Act to revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933, so as to provide for the service of the petition and order for adoption upon non-residents and of those parties whose addresses are unknown; and for other purposes. HB 12. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Chapter 67-13, relating to conveyances to secure debt, so as to provide for a new code section; and for other purposes. HB 13. By Mr. Mauldin of the 18th: A Bill to be entitled an Act to abolish the office of Treasurer of Franklin County; to provide that the Commissioner of Roads and Reve nues shall perform the duties of said Treasurer; and for other purposes. HB 14. By Mr. Hutchinson of the 79th: A Bill to be entitled an Act to authorize the State Personnel Board to provide a Health Insurance Plan for employees of the county boards of health; and for other purposes. HB 15. By Mr. Hutchinson of the 79th: A Bill to be entitled an Act to amend an Act relating to motor vehicles, so as to provide that the wearing of a crash helmet by a person riding upon or operating a motorcycle shall only be required during lawful contests of speed or endurance or both; and for other purposes. HB 16. By Messrs. Hale of the 1st, Smith, Cole and Leonard of the 3rd, Ward of the 2nd, Colwell of the 5th, Dailey of the 66th, Lovell of the 6th, Matthews of the 94th and others: A Bill to be entitled an Act to provide that the standard time of the State of Georgia and of all governmental agencies, units and political subdivisions of the State of Georgia shall be eastern standard time; and for other purposes. HR 13-16. By Messrs. Richardson and Battle of the 116th, Gaynor and Smith of the 114th, Gignilliat and Berry of the 113th, and Whaley of the 115th: A Resolution proposing an amendment to the Constitution so as to authorize the governing authorities of the City of Savannah and Chat- 98 JOURNAL OF THE HOUSE, ham County to enact planning and zoning ordinances for historic pur poses; and for other purposes. Mr. Clarke of 45th 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 of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation: HB 1. Do Pass. Respectfully submitted, Clarke of 45th District, Chairman. By unanimous consent, the following Bill of the House was taken up for consideration and read the third time: HB 1. By Mr. Hall of the 67th: A Bill to be entitled an Act to amend an Act consolidating the offices and duties of Tax Receiver and Tax Collector of Terrell County into the single office of Tax Commissioner of Terrell County, so as to abolish the present mode of compensating the Tax Commissioner of Terrell County known as the fee system; to provide in lieu thereof an annual salary; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed. The following Resolutions of the House were read and adopted: HR 15. By Messrs. Murphy of the 26th, Caldwell of the 51st and Irvin of the llth: 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. THURSDAY, JANUARY 12, 1967 99 BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA that His Excellency, Governor Lester G. Maddox, is hereby invited to address a joint session of the House and Senate at 11 o'clock, a.m., Friday, January 13, 1967, in the Hall of the House of Representatives. BE IT FURTHER RESOLVED that a joint session of the House and Senate be held in the Hall of the House of Representatives at 10:45 o'clock, a.m., on the aforesaid date for the purpose of hearing the address by 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 President, be appointed to escort his Excellency, the Governor, to the Hall of the House of Representatives. Pursuant to HR 15, the Speaker appointed as a Committee of Escort on the part of the House, the following members: Messrs. Parker of the 55th, Northcutt of the 35th, Rush of the 75th, Paris of the 23rd, Funk of the 116th, Barker of the 24th and Mixon of the 81st. HR 16. By Mr. Smith of the 54th: A RESOLUTION Commending the Honorable George J. Hearn; and for other pur poses. WHEREAS, the Honorable George J. Hearn, the Adjutant-General of the State of Georgia, was charged with the responsibility of planning for and making the necessary arrangements for the inauguration pro gram, and WHEREAS, due to the unique circumstances surrounding the elec tion of the Governor of Georgia for this term of office, General Hearn was required, on extremely short notice, to hastily prepare an inaugura tion program, and WHEREAS, after receiving his assigned task, George J. Hearn immediately entered upon the discharge of his duties with dispatch and efficiency, and WHEREAS, after laboring many long hours, an inaugural program was prepared and executed with flawless precision, and WHEREAS, the manner in which General Hearn executed the task placed upon his shoulders is a tribute to his outstanding abilities as a planner and administrator. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby express its sin- 100 JOURNAL OP THE HOUSE, cerest appreciation for the outstanding manner in which Honorable George J. Hearn, the Adjutant-General of the State of Georgia, ar ranged and executed the inaugural program for the Honorable Lester G. Maddox and does hereby express to him its sincerest thanks for a job well done. 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 George J. Hearn, Adjutant-General of the State of Georgia. 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. FRIDAY, JANUARY 13, 1967 101 Representative Hall, Atlanta, Georgia Friday, January 13, 1967. 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. J. O. Hogan, Pastor New Hope Baptist Church, Atlanta, 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 34. By Messrs. Chandler and Harrington of the 47th: A Bill to be entitled an Act to place the Ordinary of Baldwin County upon an annual salary in lieu of the fee system of compensation and for other purposes. Referred to the Committee on Local Affairs. 102 JOURNAL OF THE HOUSE, HB 35. By Mr. McClatchey of the 138th: A Bill to be entitled an Act to provide that notice otherwise required to be given by "registered mail" may be given by "certified mail"; and for other purposes. Referred to the Committee on Special Judiciary. HB 36. By Messrs. Harris and Farrar of the 118th: A Bill to be entitled an Act to amend Code Chapter 92-31, relating to the Imposition, Rate and Computation of the State Income Tax, Ex emptions and Deductions, so as to authorize deductions not exceeding $100.00 total for contributions made to recognized political parties or to bona fide political candidates for office in party primaries or in general or special elections; and for other purposes. Referred to the Committee on Ways and Means. HB 37. By Mr. Paris of the 23rd: A Bill to be entitled an Act to amend Code Section 109A-6-107 of the Code of Georgia, relating to notice under bulk transfers, so as to pro vide additional methods of giving notice; and for other purposes. Referred to the Committee on Special Judiciary. HB 38. By Mr. Paris of the 23rd: A Bill to be entitled an Act to amend the Appellate Procedure Act of 1965, so as to amend Section 17 of said Act, relating to errors in instructions to a jury, so that as a condition to appeal, exceptions must be taken before the jury returns its verdict in civil cases only and not in criminal cases to the court's giving or failure to give an instruction; and for other purposes. Referred to the Committee on Special Judiciary. HB 39. By Messrs. Dorminy of the 72nd, Mixon of the 81st, Knapp of the 109th, Underwood of the 61st, Sullivan of the 95th and Brantley of the 63rd: A Bill to be entitled an Act to amend an Act so as to provide for the amount of funds to be paid by counties for forest fire protection for privately owned forest land; and for other purposes. Referred to the Committee on Natural Resources. HB 40 By Messrs. Murphy of the 26th, Caldwell of the 51st and Irvin of the llth: A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1967, in addition FRIDAY, JANUARY 13, 1967 103 to any other appropriations heretofore or hereafter made for the operating of the agency of the State provided for herein; and for other purposes. Referred to the Committee on Appropriations. HB 41. By Messrs. Moore of the 20th, Barber of the 24th and Irvin of the llth: A Bill to be entitled an Act to declare 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. HR 17-41. By Mr. Dickinson of the 27th: A Resolution proposing an amendment to the Constitution, so as to provide that the General Assembly may authorize and provide for a Civil Service System and a Retirement System for all present and future officers and employees of Douglas County; and for other purposes. Referred to the Committee on Local Affairs. HR 18-41. By Mr. Knapp of the 109th: A Resolution compensating Mr. Walker Grinsted; and for other purposes. Referred to the Committee on Appropriations. HR 19-41. By Mr. McClatchey of the 138th: A Resolution authorizing compensation to Ernest Jackson; and for other purposes. Referred to the Committee on Appropriations. HB 42. By Messrs. Moore of the 20th, Minge of the 13th, Leggett of the 21st and Dickinson of the 27th: A Bill to be entitled an Act to amend Code Section 56-2430 relating to the cancellation of insurance policies, so as to require that all insurers notify the insured of the factors upon which the cancellation of any insurance policy is based; and for other purposes. Referred to the Committee on Insurace. HB 43. By Messrs. Westlake and Higginbotham of the 119th, Smith of the 117th: 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 render assistance to any law enforcement officer who is being hindered or whose life is being endangered; and for other purposes. Referred to the Committee on Judiciary. 104 JOURNAL OF THE HOUSE, HB 44. By Messrs. Westlake, Higginbotham and Davis of the 119th, and Smith of the 117th: 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 en forcement officer who is being hindered or whose life is being en dangered by the conduct of any other person or persons; and for other purposes. Referred to the Committee on Judiciary. HB 45. By Messrs. Murphy of the 26th, Caldwell of the 51st and Irvin of the llth: A Bill to be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1967, and ending June 30, 1968, and the fiscal year beginning July 1, 1968, and ending June 30, 1969; to make and provide such appropriations for the operation of the State Govern ment; and for other purposes. Referred to the Committee on Appropriations. By unanimous consent, the following Bills and Resolution of the House were read the second time: HB 17. By Messrs. Farrar and Harris of the 118th, Hood of the 124th, DeLong of the 105th, McDaniell of the 101st, Newton of the 50th, Reaves of the 99th and Barber of the 24th: A Bill to be entitled an Act to be known and may be cited as "The Act Creating the Public School Employees Retirement System"; and for other purposes. HB 18. By Mr. Farrar of the 118th: A Bill to be entitled an Act to amend an Act providing for the regula tion of the installation of warm air heating equipment, so as to change the provisions relating to the qualifications to be a member of the Board of Examiners; and for other purposes. HB 19. By Mr. Harris of the 118th: 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 20. By Messrs. Harris of the 118th, Sweat and Dixon of the 83rd: A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for credit to certain FRIDAY, JANUARY 13, 1967 105 members for previous service as employees of the Georgia Cooperative Services for the Blind, Inc.; and for other purposes. HB 21. 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 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 22. By Mr. Harris of the 118th: A Bill to be entitled an Act to provide for criminal sanctions for the larceny or conversion of tangible personal property which has been rented or leased; and for other purposes. HB 23. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal years July 1, 1965 through June 30, 1967, so as to provide for budgetary authorization in relating to certain highway contracts; and for other purposes. HB 24. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 67-2002 relating to laborers, contractors, and materialman liens, so as to provide that such liens shall state the amount claimed due; and for other purposes. HB 25. By Messrs. Harris and Levitas of the 118th: A Bill to be entitled an Act to amend Code Section 113-1005, relating to the appointment of appraisers, so as to provide 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 appli cation for a year's support has been filed; and for other purposes. HB 26. By Messrs. Harris, Levitas and Farrar of the 118th, Jones of the 112th, Harris of the 85th, Minge of the 13th and Vaughn of the 117th: 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 remove the right of the defendant to bring witnesses before the grand jury and to examine the witnesses of the prosecution; and for other purposes. 106 JOURNAL OP THE HOUSE, HB 27. By Mr. Irvin of the llth: A Bill to be entitled an Act to amend Code Section 34-802 relating to certain public officials being elected as the November election so as to provide that such Section shall not apply to members of county govern ing authorities in counties of a certain population under certain circum stances; and for other purposes. HB 28. By Mr. Levitas of the 118th: A Bill to be entitled an Act to amend Code Title 34, known as the Georgia Election Code, so as to prohibit certain political activities; and for other purposes. HB 29. 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 30. 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 31. By Mr. Rush of the 75th: A Bill to be entitled an Act to abolish the present mode of compensating the Coroner of Tattnall County, known as the fee system; and for other purposes. HB 32. 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 33. By Messrs. Moore of the 20th and Barber of the 24th: A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", so as to include within the term "certified professional personnel", assistant principals; and for other purposes. HR 14-33. By Messrs. Lowrey, Starnes and Minge of the 13th: A Resolution designating the A. W. Ledbetter Interchange; and for other purposes. FRIDAY, JANUARY 13, 1967 107 By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 2. By Mr. Collins of the 88th: A Bill to be entitled an Act to change the terms of the Superior Court of Mitchell County; to provide an effective date; 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 120, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 9. By Messrs. Richardson, Battle and Funk of the 116th, Gaynor and Smith of the 114th, Gignilliat and Berry of the 113th, Tye and Whaley of the 116th: A Bill to be entitled an Act to amend an Act to implement the provisions of Article 5, Section 7, Paragraph 2, of the Constitution of the State of Georgia which created the Savannah District Authority, so as to provide for the expiration date of the terms of office of certain members; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 10. By Messrs. Richardson and Battle of the 116th, Gaynor and Smith of the 114th, Gignilliat and Berry of the 113th, Tye and Whaley of the 115th and Funk of the 116th: A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Pooler, so as to extend the corporate limits of said town; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 108 JOURNAL OF THE HOUSE, On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 13. By Mr. Mauldin of the 18th: A Bill to be entitled an Act to abolish the office of Treasurer of Frank lin County; to provide that the Commissioner of Roads and Revenues of Franklin County shall perform the duties of said Treasurer; 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 120, nays 0. The Bill, having received the requisite constitutional majority, was passed. 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 Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 3. Do Pass. HB 6. Do Pass. HB 12. Do Pass. Respectfully submitted, Harris of 118th District, Chairman. Mr. Clarke of the 45th 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 of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 2. Do Pass. HB 8. Do Pass. FRIDAY, JANUARY 13, 1967 109 HB 9. Do Pass. HB 10. Do Pass. HB 13. Do Pass. HB 29. Do Pass. HB 30. Do Pass. HB 31. Do Pass. HB 32. Do Pass. Respectfully submitted, Clarke of 45th District, Chairman. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has adopted the following Resolutions of the House to-wit: HR 15. By Messrs. Murphy of the 26th, Caldwell of the 51st, and Irvin of the llth: 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. The President appointed as a committee of escort on the part of the Senate the following: Senators Webb of the llth, Rowan of the 8th, Gillis of the 20th, Moore of the 31st, Smith of the 18th, Smalley of the 28th, and Coggin of the 35th. HR 16. By Mr. Smith of the 54th: A Resolution commending the Honorable George J. Hearn; and for other purposes. The following Resolution of the House was read and adopted: HR 20. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th: A RESOLUTION Extending congratulations to O. P. "Pete" Hanes; and for other purposes. 110 JOURNAL OF THE HOUSE, WHEREAS, on Thursday, January 12, 1967, 0. P. "Pete" Hanes, distinguished writer and former correspondent for the Associated Press and now Executive Aide to the Speaker of the House of Representatives, celebrated his sixty-second birthday; and WHEREAS, during his service as a correspondent for Associated Press, he was noted for his fairness and his accuracy in reporting news of the happenings and events occurring at the State House; and WHEREAS, he was a friend and confident of, and loved and ad mired by, the members of this Body; and WHEREAS, he has now retired from the newspaper field, but fortunately for members of the House, he is still active at the Capitol Building and, with his usual polish, astuteness and aplomb, is assisting the Speaker in the performance of his duties. NOW, THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby extend their heartiest and sincerest congratulations to O. P. "Pete" Hanes on the occasion of his sixty-second birthday and wish for him a most happy, successful and prosperous future. BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate copy of this Resolution to 0. P. "Pete" Hanes. Mr. Funk of the 116th asked unanimous consent that the following Bill of the House be recommitted to the Committee on Local Affairs for further study: HB 8. By Messrs. Richardson and Battle of the 116th, Gaynor and Smith of the 114th, Gignilliat and Berry of the 113th, Tye and Whaley of the 115th: A Bill to be entitled an Act to amend an Act to create and organize Commissioners of Chatham County, who shall be ex officio Judges, to define their jurisdiction and duties, so as to change the method of filling vacancies which occur in the office of Commissioners of Chatham County and ex officio Judges; and for other purposes. The consent was granted and HB 8 was recommitted. Pursuant to House Resolution 15, adopted by the House and Senate, the Senate appeared upon the floor of the House and the Joint Session convened for the purpose of hearing a message from His Excellency, Lester G. Maddox, Governor, and was called to order by the President of the Senate, Honorable George T. Smith. The Secretary of the Senate read the Resolution providing for the Joint Session. FRIDAY, JANUARY 13, 1967 111 Accompanied by the Committee of Escort and other distinguished guests, Governor Lester G. Maddox appeared upon the floor of the House. Lieutenant Governor George T. Smith presented the Governor who delivered the following address: LT. GOVERNOR SMITH, SPEAKER SMITH, MRS. SMITH, DIS TINGUISHED MEMBERS OF THE HOUSE AND SENATE, HON ORED GUESTS, FRIENDS, FELLOW GEORGIANS AND FELLOW AMERICANS: On Wednesday we inaugurated our Administration and defined its goals. Today we meet to roll up our sleeves and to get on with the task at hand. I am pleased to report to you that, although the problems we face are many, the state of our state is excellent. And, working together--you and I--we shall over the next four years make it better. At the outset there are several fundamental facts I wish to out line and emphasize. First, honesty and morality in government will be the watchwords of the Maddox Administration. Second, efficiency, sound economy and good business practices will characterize all state activities for the next four years. Third, prudent expenditure of all public funds to assure maximum return for the common good from every tax dollar spent will be our constant policy. Fourth, every state employee in his or her job is important in carrying out our mandate to serve the people and each will be expected to give of his or her best at all times. BUDGET SYSTEM For four years now, the State of Georgia has had in operation a modern budgeting system. It has worked well. The success in the ad ministration of several budgets serves as proof that Georgia's new budget laws are fulfilling a need long felt in this state. We meet here today to chart a course of fiscal integrity for the next two year period. We are fortunate, indeed, that our new budget machinery assures a smooth transition from the old administration to the new. This allows a continuity of sound fiscal policy as Georgia approaches the challenges of the future. 112 JOURNAL OF THE HOUSE, Under Georgia law, it is the duty of the outgoing Governor to have a budget report printed and transmitted to you within five days of the organization of the General Assembly. This has been done and that document is now on your desk. The law also provides that the Governor-elect shall be thoroughly conversant with the budget report and that the budget bureau shall give the incoming Governor every assistance in acquaintaing himself with it. This has been done. The assistance which has been provided me has been invaluable in familiarizing myself with the intricate operations of the various departments of state government. It has afforded me a sound basis for making decisions as to what I am recommending to you in connection with the appropriations bill which you will consider during this session of the General Assembly. This bill also has been introduced today for your study and analysis. ASSEMBLY COOPERATION First, in considering the allocations for the various operations and functions of the state government, I want to say to you as clearly as I know how that the Maddox Administration expects . . . intends . . . and is determined to work in the closest harmony with members of the General Assembly to inact into law a biennial budget bill which is sound in its inception . . . which is commensurate with the state of our econ omy and reasonable revenue estimates of anticipated collections and, which will meet the essential and growth needs of a vibrant state which is on the move. Our job, yours and mine, is to enact a bill along the lines I have stated . . . one that does not appropriate ... on one hand ... an inordinately excessive amount of money far beyond all reasonable revenue expectations . . . and, on the other hand, one that does not appropriate too little which would result in curtailment of services and not meeting the needs of our State. I am confident that you will work with me and with budget offi cials in finding this sound middle ground upon which we can build a fiscally responsible budget and enact a sound appropriations act. The budget laws of the State of Georgia authorize the General Assembly to appropriate anticipated revenue together with whatever portion of the anticipated surplus might be required to meet the up coming needs of the State. REVENUE ESTIMATES After conferring with budget officials and economic analysts, it is our considered judgment that total state revenues and income for fiscal 1968 will be $734-million dollars and for fiscal 1969, $806-million dollars. FRIDAY, JANUARY 13, 1967 113 You will note in the green budget document on your desk that the revenue estimates for the remainder of fiscal year 1967 and for fiscal 1968 and 1969 are approximately $14-million dollars higher than esti mates in my supplemental budget document, also on your desk. Let me emphasize to you . . . and reemphasize . . . that these estimates were made last fall and were based upon information available at that time, and they are too optimistic in view of current national economic con ditions and in view of the trend of receipts coming into the State treasury. I will point out to you specifically that the percentage in crease in collections during the month of December over December of 1965 was only four and one-half percent. Likewise, the percentage increase in revenue collections for the current fiscal year projected to the end of the year will not show as great a percentage increase as was shown in fiscal 1966 over fiscal 1965. Last Tuesday night, the President of the United States called for a tax increase in the form of a six per cent surtax on net income tax liabilities of both individuals and corporations. All of these things suggest prudence and caution to me and, I know, to you. And these are the reasons I have reduced revenue estimates. During the past five years, we have been in the midst of a rising economy. We hope this condition will continue. But we do not know that it will. We are confronted with what kind of year 1967 will be. We know that we are entering an era of uncertainty where there are con tradictions among fiscal experts as to what is in store and many are predicting a leveling off in our economy. You and I are familiar with the budget laws. We know that if we appropriate too great an amount of money and income does not ma terialize, it is necessary that I, as budget director, in carrying out the directive of the General Assembly, apply pro-rata reductions to every agency in State Government. We want to a void this hazard. We can do so by writing a sound bill in the knowledge that if additional income is in hand, we can come here twelve months hence with a supplementary appropriations bill and utilize this accumulated income. SUPPLEMENTAL BUDGET In fact, during this session of the General Assembly, I will pre sent for your consideration a supplemental budget to meet the critical needs of the state for the biennium ending June 30, this year. Detailed descriptions of each agency's needs are contained in information fur nished you for your consideration. By enacted into law the proposed supplemental appropriations, and taking into account the revenue estimates, the State can expect an anticipated surplus on July 1, 1967 of 121 million dollars. 114 JOURNAL OF THE HOUSE, NEW BIENNIUM The anticipated surplus, together with revenue estimates, will permit the enactment of an appropriations act appropriating $785-million dollars in fiscal 1968, and $877-million dollars in fiscal 1969. This is one billion, six hundred and sixty-two million dollars to finance the services of our state government, to accelerate the growth of our State and to minister to the needs of our people during the twenty four months beginning next July 1. In a moment, I will detail to you the recommendations I am making for expanding State services in the major agencies of the State govern ment. These expansions will account for increased expenditures of more than 412 million dollars in the two-year period, above expenditures in the 1965-67 appropriations act. This increase in appropriations and services is the greatest ever undertaken by any administration in any biennium in Georgia history. SCHOOLS AND COLLEGES In every town and hamlet in Georgia, I visited with parents, students and educators last year. I talked with those vitally interested in the cause of education, many times. I sought to acquaint myself with their hopes and aspirations--what was needed to bring to the children of this State knowledge and learning. Ladies and Gentlemen of the General Assembly, no one knows more than I that a Georgia of liberty, progress and prosperity is dependent upon improved education. That is to goal of the Maddox administration. The appropriations bill which I have submitted to you is designed as the first step in implementing the Maddox administration's education program. I am proposing to you an expenditure for public and higher educa tion of 973 million dollars over the next two years--an increase of $252 million dollars over the current biennium. This represents the largest single increase and the most farreaching advance in the history of public schools and higher education in Georgia. TEACHERS SALARIES My budget recommendation will provide for: A salary increase of $700 dollars in fiscal 1968 and $558 dollars in fiscal 1969 for our deserving elementary and secondary public school teachers. These increases are the largest that have ever been proposed FRIDAY, JANUARY 13, 1967 115 for our teachers. Also, I have recommended an increase from $620 dol lars in the present year to $750 dollars in the first year of the biennium and $850 dollars in the second year for maintenance, operation and sick leave grants to our 195 systems. I am recommending that funds be provided in this budget to help pay school lunchroom workers and if the object of this expenditure is found to be unconstitutional then these funds will be transferred to the grants for maintenance and operations of our public schools. I have asked for many new and improved programs in education, such as driver education, increased funds for textbooks, school library materials, public library materials and additional funds for educational television. I am also asking for increased funds to provide necessary class rooms for the systems feeling the pinch of expanding enrollment. In the field of higher education, I am proposing the largest per centage and dollars increases to the University System of Georgia in the history of our State. During fiscal 1968 I have proposed an increase of 39.3 per cent over the amount appropriated this year to the University System. For fiscal 1969, I am asking an increase of 70.7 per cent over the amount of funds appropriated this year to the University System. These unprecedented increases will provide for a 10 per cent salary increase each year of the biennium for academic personnel and a five per cent increase for non-academic personnel. I am asking the General Assembly, for the first time in the history of higher education in Georgia, to appropriate five million dollars in each year of the biennium for improved quality of the University System's program. An increase in authority rentals of two and one-half million dollars in each year of the biennium will build approximately seventy million dollars worth of additional college facilities. These expenditures which I am recommending that you approve for education, will assure every Georgia student a brighter opportunity in the form of better qualified teaching personnel, more adequate class room and instructional facilities, and in the form of a generally-en riched educational program from beginning grades through graduate levels. WELFARE SERVICES Now, permit me to move into the delineation of a broad program of social, welfare and health services which will be undertaken during the Maddox administration. The most significant development in welfare assistance programs since its enactment into law in 1937 will come in the next two years. New additions to recipient budgets under Title Nineteen of the Federal Social Security Act will provide increased benefit payments for all 116 JOURNAL OF THE HOUSE, categories of assistance--aged, blind, dependent children and totally disabled. Another item of great social impact in the proposed appropriation bill is the proposal for an appropriation of two-million dollars to finance the construction and equipping of a new Youth Development Center to be used for housing and training 150 girls. This facility will be operated in conjunction with presently-estab lished Youth Development Centers. Early in the next Fiscal Year we will open the six new regional detention centers for youths committed to the custody of law enforce ment agencies and the budget I submit today provides funds for their full operation. This represents a long-desired step toward getting children out of the common jails of Georgia and into a wholesome environment for the beginning of their training and rehabilitation. Concurrent with this, we also will provide $175,000 for each of the two years of the biennium to assist the seven existing countyowned detention centers. This is another first for State assistance in this important field. Another important new program we will be launching will be known as "Medicaid', and funds are being provided for it in this budget contin gent upon the expected approval of the Georgia program by federal authorities. Under this program all recipients of welfare assistance will be provided with physicians, laboratory, out-patient hospital and in-home advisory services. This is another phase of Title Nineteen of the Federal Social Security Act. Georgia's full participation in this program will mean that the State will receive $35-million from the Federal Government over the next biennium for an outlay of less than $2-million. That, my friends, I regard to be an excellent investment--one which will pay untold dividends in terms of improved health and in creased comfort for the less fortunate of our citizens. MILLEDGEVILLE HOSPITAL In accordance with my promise to the people of Georgia, I have included in the proposed budget an increase in funds for Milledgeville State Hospital which is more than twice as large an increase as that provided in any other biennial budget in the State's history. It is my recommendation that more than $26-million dollars be appropriated for the 1968 Fiscal Year and almost $27.3 million dollars for the 1969 Fiscal Year. This will make possible many important advancements at that institution. It will mean the hiring of 40 new employees and the placing of all employees on a 40-hour week--an improvement in working conditions long overdue. FRIDAY, JANUARY 13, 1967 117 It will provide more than $3-million dollars for capital outlay. And that will be in addition to the construction of an $8.7-million-dollar Medical-Surgical Unit under the Authority Lease Rental Program. In addition we propose to do something about overcrowding in the Institution by quadrupling the patient load at the new Southwestern State Hospital in Thomasville. Funds will be provided to increase the number of patients there to 800 over the two-year period. During the second year of the biennium, we will open the Regional Hospitals in Atlanta and Augusta. And during the biennium, we will begin construction on three other Regional Hospitals at Columbus, Rome, and Savannah. All of these steps in total will constitute the largest single effort to improve and upgrade mental health facilities and programs in the history of our State. RETARDATION CENTER We will make a substantial beginning on a needed expansion pro gram to care for retardates waiting for admission to Gracewood State Hospital. It is proposed that $700,000 dollars be spent over the twoyear period for new housing of patients and staff there. It is anticipated that this will make room for between 175 and 200 additional patients at that facility. In this connection, we also are proposing the appropriation of one and one-quarter million dollars for completing, staffing and opening the new Georgia Retardation Center in DeKalb County to serve retardates. And we propose to step up our attack on health problems on the local level by increasing grants-in-aid to counties for local health services by more than $2.6-million dollars over the biennium. HIGHWAY CONSTRUCTION As you know, the constitutional allocation to the State Highway Department for highways is the total amount of motor fuel tax collec tions less cost of collection and refunds. The appropriations bill sub mitted to you provides for the general operations of the Highway Department, for authority rentals to amortize the costs of bridges, rural roads, and Department quarters, for maintenance and betterments; for planning and construction; and for statutory grants to counties as provided under the 1945 Act for fixed distribution and under the 1951 Act based upon a State road mileage ratio formula. All Georgians are concerned about and inconvenienced by the clogged condition of highways leading into our major metropolitan areas, particularly the Capital City of Atlanta. This situation is of special concern to me because of the fact that some $80-million dollars in Interstate federal-aid primary and secondary projects are being held in abeyance because of the freeze on federal highway funds. 118 JOURNAL OF THE HOUSE, We cannot afford to stand still in this State or the nation in this vital field. As Governor I feel that some relief must be given to the States in this matter, and I am confident other Chief Executives throughout the nation share this view. EXPRESSWAYS It is my intention, therefore, to communicate with the President and other appropriate officials to seek a solution and, if necessary, I will call upon him in person to relate to him the urgency of an early release of these road funds. In my opinion, a release of highway funds will do more to relieve the areas of stress in the economy--particularly here in Georgia-- than any single program the Chief Executive might initiate at this time. AIRPORT DEVELOPMENT You will note a proposed appropriation for capital outlay--air port development of $1,440,000 during the period. These funds for the first time will allow the State of Georgia to provide aid for major commercial airports. In addition to that, this will provide assistance for 20 communities in building new airports, extending runways, con structing taxiways and aprons. For this State expenditure, with federal aid and local support for this purpose, these projects will total $6million dollars during the first fiscal year and $2-million dollars in the second. During the current fiscal year grants to municipalities and total grants to counties are $9,317,000 dollars to each category. In the new budget submitted to you, there are large increases in the first year and even larger increases for both in the second year. This is but the beginning of an effort by the Maddox administration to carry forth my program for substantial State assistance to help meet the fiscal needs of our cities and counties. CORRECTION REFORM In keeping with our mandate to give Georgia a decent, modern correctional system dedicated to rehabilitation, I am proposing that we make the largest single increase in operating funds for the Department of Correction in the history of this State. Over the biennium, we propose to add more than $1.7 million dollars or 50 per cent above the total for that purpose during the current biennium. This money will make it possible to place all personnel on a 48hour work week and to add an additional 219 positions over the twoyear period. It will also permit an extensive program of replacement of outdated and worn-out equipment. During the biennium, we will complete and open the $8-million dollar Butts County Classification and Diagnostic Center which will FRIDAY, JANUARY 13, 1967 119 include a fully-equipped hospital for the treatment of inmates through out the State Corrections System. And we also are including funds for building an honor institution for 500 young offenders at a site yet to be selected. In an effort to provide more adequate probation and paroles services, it is recommended that funds are to be allocated for the em ployment of 15 additional probation officers and to raise the salaries of all probation and parole officers to Merit System salary levels. Toward the goal of reducing the slaughter on our highways and in the interest of assuring adequate strength for the Georgia Highway Patrol and the Georgia Bureau of Investigation, we are recommending additional funds to employ 100 new State Troopers and 16 new GBI Agents. In addition, we propose to establish a Crime Information Cen ter which will be tied into the national FBI network--making Georgia the first State in the Southeast to add this valuable tool to its law enforcement machinery. DEVELOPMENT PROPOSALS Other major proposals included in the budget I am submitting today include: ... an increase of more than one and one-quarter million dollars to expand and strengthen the programs of the Department of Agricul ture. ... A contingent cost of living salary increase of 3 per cent per year for all permanent State employees. ... an increase of more than one million dollars to enlarge the industrialization and development programs of the Department of In dustry and Trade. ... an increase in lease rentals for the State Ports Authority to provide $6-million dollars to build new bulk handling facilities for clay, fertilizers, minerals and ores at the Savannah Port. ... an increase in lease rentals for the Parks Department to provide $7-million dollars in capital improvements at all parks including $400,000 dollars each year for acquisition and development of four new park areas. ... an increase in the level of college loans guaranteed by the Higher Education Assistance Committee from $2,500,000 dollars to $6,500,000 dollars by 1969 and an increase from 495 to 1203 in the number of scholarships issued by the Scholarship Commission. . . . provide funds to construct and equip a 150-bed addition to the Georgia War Veterans Home at Milledgeville and to staff and operate the Veterans Nursing Home in Augusta. 120 JOURNAL OP THE HOUSE, . . . provide $250,000 in each of the fiscal years of the biennium to match federal and local funds for Rapid Transit in Atlanta as soon as the Authority qualifies for the assistance. . . . provide 350,000 dollars in grants to 28 remaining counties that have not initiated a tax re-evaluation program. I have presented to you the highlights of the Appropriations bill now before you. What I have presented is the Executive Budget pro posal for your consideration. It represents a balanced program designed to meet all of the current and growth needs of the State, to take into account the requirements of all and to utilize the resources of the State to the best advantage in terms of service to the people. NO NEW TAXES! I do not ask for any tax increase at this session of the General Assembly. We will finance this budget through utilization of anticipated revenues and surplus, as provided by Law. While I realize that there are some proposed expenditures which have much merit, that should or would have been included had prospec tive income permitted, I ask you that, in consideration of the budget, you keep in mind our efforts to achieve a proper balance among essential services. We must look constantly toward meeting effectively the growth challenges of the State consistent with the resources available to us. By so doing, we can do the best and most effective job for all Georgians. Ladies and Gentlemen, I am grateful to each of you for your help, support and cooperation which you have given in the operation of State government. I assure you that I will be readily available to you at any time to discuss the details of the budget, as will the Budget Officer and his staff. At this session, you and I will make a substantial beginning in implementing a platform which means progress for all Georgians. To that end, I am dedicated. To that end, the Maddox Administration proudly joins with you. Thank you. Senator Coggin of the 35th moved that the Joint Session of the General Assembly be dissolved and the motion prevailed. FRIDAY, JANUARY 13, 1967 121 The President of the Senate announced the Joint Session dissolved. The House was called to order by the Speaker. Mr. Busbee of the 79th moved that the House do now adojurn until Monday morning at 10:00 o'clock and the motion prevailed. The Speaker announced the House adjourned until Monday morning at 10:00 o'clock. 122 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Monday, January 16, 1967, 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 Father David Pritchard, Rector Calvary Episcopal Church, Americus, Georgia. By unanimous consent, the call of the roll was dispensed with. Mr. Edwards of the 57th, Acting 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 46. By Messrs. Minge, Lowrey and Starnes of the 13th, Moore of the 20th, Steis of the 100th, Adams of the 125th and Cook of the 123rd and others: A Bill to be entitled an Act to amend an Act providing for the registra tion of motor vehicles and the issuance of license plates therefor in the several counties, so as to change the amount of commission allowed to local tag agents for the sale of motor vehicle license plates; and for other purposes. Referred to the Committee on Ways and Means. HB 48. 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 real of certain sections of the Code of Georgia of 1910 concerning the law of negotiable instruments; and for other purposes. Referred to the Committee on Special Judiciary. MONDAY, JANUARY 16, 1967 123 HB 49. By Messrs. Bennett of the 95th and Mixon of the 81st: A Bill to be entitled an Act to abolish the present Superior Court Judges Retirement System and to create a new retirement system for Superior Court Judges; and for other purposes. Referred to the Committee on Judiciary. HB 50. By Messrs. Westlake of the 119th and Smith of the 117th: A Bill to be entitled an Act to provide that it shall be unlawful for any distributor of any publication to refuse to sell to any dealer publications if the distributor predicates his refusal to sell upon the dealer's refusal to purchase certain additional publications; and for other purposes. Referred to the Committee on Industry. HB 51. By Messrs. Williams of the 16th, Johnson of the 40th and Adams of the 125th: A Bill to be entitled an Act to amend the Act known as the "Motor Vehicle Certificate of Title Act", so as to provide that the Act as amended shall not apply to motor vehicles of models antedating 1963; and for other purposes. Referred to the Committee on Motor Vehicles. HR 21-49. By Mr. Miller of the 108th: A Resolution compensating Pelton Eugene Burke; and for other pur poses. Referred to the Committee on Appropriations. HR 22-49. By Mr. Moreland 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 & Property. Mr. Harris of the 118th asked unanimous consent that the following Bill of the House be introduced, read the first time, ordered engrossed and referred to the committee on Judiciary. HB 47. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 9-103, relating to applicants for admission to the practice of law, so as to change the exceptions and exemptions for the education requirements prescribed in said chapter; and for other purposes. The consent was granted and HB 47 was ordered engrossed. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 34. By Messrs. Chandler and Harrington of the 47th: A Bill to be entitled an Act to place the Ordinary of Baldwin County upon an annual salary in lieu of the fee system of compensation; and for other purposes. 124 JOURNAL OP THE HOUSE, HB 35. Mr. Mr. McClatchey of the 138th: A Bill to be entitled an Act to provide that notice otherwise required to be given by "registered mail" may be given by "certified mail"; and for other purposes. HB 36. By Messrs. Harris and Farrar of the 118th: A Bill to be entitled an Act to amend Code Chapter 92-31, relating to the Imposition, Rate and Computation of the State Income Tax, Exemp tions and Deductions, so as to authorize deductions not exceeding $100.00 total for contributions made to recognized political parties or to bona fide political candidates for office in party primaries or in general or special elections; and for other purposes. HB 37. By Mr. Paris of the 23rd: A Bill to be entitled an Act to amend Code Section 109A-6-107 of the Code of Georgia, relating to notice under bulk transfers, so as to provide additional methods of giving notice; and for other purposes. HB 38. By Mr. Paris of the 23rd: A Bill to be entitled an Act to amend the Appellate Procedure Act of 1965, so as to amend Section 17 of said Act, relating to errors in instruc tions to a jury, so that as a condition to appeal, exceptions must be taken before the jury returns its verdict in civil cases only and not in criminal cases to the court's giving or failure to give an instruction; and for other purposes. HB 39. By Messrs. Dorminy of the 72nd, Mixon of the 81st, Knapp of the 109th, Underwood of the 61st, Sullivan of the 95th and Brantley of the 63rd: A Bill to be entitled an Act to amend an Act so as to provide for the amount of funds to be paid by counties for forest fire protection for privately owned forest land; and for other purposes. HB 40. By Messrs. Murphy of the 26th, Caldwell of the 51st and Irvin of the llth: A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the operating of the agency of the State provided for herein; and for other purposes. MONDAY, JANUARY 16, 1967 125 HB 41. By Messrs. Moore of the 20th, Barber of the 24th and Irvin of the llth: A Bill to be entitled an Act to declare teaching a profession with all the rights, responsibilities and privileges accorded other legally recognized professions; and for other purposes. HR 17-41. By Mr. Dickinson of the 27th: A Resolution proposing an amendment to the Constitution, so as to provide that the General Assembly may authorize and provide for a Civil Service System and a Retirement System for all present and future officers and employees of Douglas County; and for other purposes. HR 18-41. By Mr. Knapp of the 109th: A Resolution compensating Mr. Walker Grinsted; and for other pur poses. HR 19-41. By Mr. McClatchey of the 138th: A Resolution authorizing compensation to Ernest Jackson; and for other purposes. HB 42. By Messrs. Moore of the 20th, Minge of the 13th, Leggett of the 21st and Dickinson of the 27th: A Bill to be entitled an Act to amend Code Section 56-2430 relating to the cancellation of insurance policies, so as to require that all insurers notify the insured of the factors upon which the cancellation of any insurance policy is based; and for other purposes. HB 43. By Messrs. Westlake and Higginbotham of the 119th, Smith of the 117th: 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 render assistance to any law enforcement officer who is being hindered or whose life is being endangered; and for other purposes. HB 44. By Messrs. Westlake, Higginbotham and Davis of the 119th, and Smith of the 117th: 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 en forcement officer who is being hindered or whose life is being endangered by the conduct of any other person or persons; and for other purposes. 126 JOURNAL OF THE HOUSE, HB 45. By Messrs. Murphy of the 26th, Caldwell of the 51st and Irvin of the llth: A Bill to be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1967, and ending June 30, 1968, and the fiscal year beginning July 1, 1968, and ending June 30, 1969; to make and provide such appropriations for the operation of the State Govern ment; and for other purposes. Mr. Clarke of 45th 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: HB 34. Do Pass. HR 17-41. Do Pass. Respectfully submitted, C. Clarke, of 45th, Chairman. By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 29. 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of tne Bill, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 30. 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; to provide in lieu thereof an annual salary; and for other purposes. MONDAY, JANUARY 16, 1967 127 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 31. By Mr. Rush of the 75th: A Bill to be entitled an Act to abolish the present mode of compensating the Coroner of Tattnall County, known as the fee system; to provide in lieu thereof a monthly salary; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority was passed. HB 32. 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed. Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 12. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Chapter 67-13, relating to conveyances to secure debt, as amended, to provide for a new code sec tion; to provide the language to be incorporated in such code section; to provide that such code section shall require that all transfers of deeds to secure debt shall be in writing signed by the grantee or last trans feree; and for other purposes. 128 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 125, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 3. By Mr. Harris of the 118th: 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 five years or longer, approved Dec. 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 342), so as to extend the provisions of this Act to other actions and proceedings; to provide definitions; to provide for applicability; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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 Ballard Barber Barfield Battle Bennett Berry, J. K. Bond Bowen Branch Brantley, H.H. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games Cato Chandler Cheeks Clarke Cole Collins, M. Conner Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Davis Dean DeLong Dent Dickinson Dillon Dixon Dollar Dorminy Douglas Edwards Egan Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Grier Hadaway Hale Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Higginbotham Hill Hood Hutchinson Irvin Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey Laite MONDAY, JANUARY 16, 1967 129 Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey Melton Merritt Miller Minge Mixon Moate Moore, J. H. Moreland Mullinax Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Peterson Phillips Pickard Potts Ragland Reaves Richardson Roach Savage Scarlett Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Starnes Steis Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Townsend Turner Tye Underwood Vaughan Vaughn Walling Wamble Ward Wells Westlake Whaley Wiggins Williams Wilson, J. M. Winkles Wood Mr. Speaker Those not voting were Messrs: Anderson Berry, C. E. Black Blalock Bostick Brantley, H. L. Gates Collins, J. F. Colwell Cook Daugherty Dodson Doster Pallin Harrison Holder Howard Howell Johnson, B. Jordan, G. Knapp Lane, W. J. Lewis Matthews, D. R. McCracken McDaniell Moore, Don C. Murphy Nash Parker, H. W. Parrish Poss Rainey Ross Rowland Rush Russell Smith, J. R. Snow Stalnaker Tucker Ware Wilson, R. W. Smith On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed. 130 JOURNAL OF THE HOUSE, HB 6. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 37-607, as amended, so as to provide that powers in deeds of trust, mortgages, and other instruments may be exercised by transferees and other parties regard less of whether or not the transfer specifically includes such powers or conveys title to the property described; and for other purposes. The report of the Committee which was favorable to the passege of the Bill, was agreed to. On the passage of the Bill, the ayes were 129, nays 0. The Bill, having received the requisite constitutional majority, was passed. The following Resolution of the House was read: HR 26. By Mr. Alexander of the 133rd: A RESOLUTION Establishing the vote which shall be required by the Fulton and DeKalb County Delegations in the House of Representatives relative to local legislation affecting the City of Atlanta; and for other purposes. WHEREAS, only eighteen Fulton County representatives, plus the three representatives who are elected by the county at large, represent districts which lie wholly or in part in the city of Atlanta; and WHEREAS, only eight of the members of the DeKalb County Dele gation represents districts which lie wholly or in part in the City of Atlanta. NOW, THEREFORE, BE IT RESOLVED BY THE FULTON AND DeKALB COUNTY DELEGATIONS IN THE HOUSE OF REP RESENTATIVES that local legislation affecting the City of Atlanta shall be considered as having the unanimous approval of both delegations when it is approved by two-thirds of the twenty-one Fulton County representatives whose districts lie wholly or in part in the City of Atlanta, and two-thirds of the eight DeKalb County representatives whose districts lie wholly or in part in the City of Atlanta, and no member shall take any action to prevent such handling. BE IT FURTHER RESOLVED, that local legislation affecting municipalities in Fulton County, other than the City of Atlanta, shall be voted upon only by the Fulton County representatives whose districts contain land in said municipalities, plus the three representatives of Fulton County who are elected by the county at large and such local MONDAY, JANUARY 16, 1967 131 legislation shall be considered as having the unanimous approval of the Pulton County Delegation when it is approved by two-thirds of the representatives involved, and no member shall take any action to prevent such handling. BE IT FURTHER RESOLVED, that the Secretary of the Fulton County Delegation in the House of Representatives is hereby instructed to transmit a copy of this resolution to the Chairman of the House Local Affairs Committee. By unanimous consent, further consideration on this Resolution was postponed until Tuesday, January 17th, 1967. The following Resolution of the House was read and adopted: HR 27. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Lam bert of the 34th, Lee of the 79th and Jones of the 76th: A RESOLUTION WHEREAS, local government is a basic expression of the American Democratic process, and, WHEREAS, municipalities have responsibility for the provision of public services to foster the health, safety, comfort and convenience of the citizens who live in our cities and towns and the environs thereof, and; WHEREAS, a vast majority of all Georgians have become dependent upon employment in manufacturing, business or the service industries which are incidental to municipal government, and; WHEREAS, the municipalities of this state provide centers of religious, cultural and social activity without which civilized progress would be difficult, if not impossible, and; WHEREAS, the city officials of Georgia have voluntarily sought public office to serve their communities and, through them, their fellowman toward the end that each Georgian may enjoy a full, happy and productive life, and; WHEREAS, the members of the Georgia General Assembly are fully aware of the contributions of municipal government to the State of Georgia and its people; NOW, THEREFORE BE IT RESOLVED that the Georgia General Assembly does hereby recognize and pay tribute to the municipal offi cials of Georgia upon the occasion of the Ninth Annual Georgia Mayors' Day, this January 16, 1967. 132 JOURNAL OF THE HOUSE, The Honorable Elmer George, Executive Secretary of the Georgia Municipal Association was presented to the members of the House by the Speaker. Mr. George presented Honorable John Cromartie, President of the Georgia Municipal Association and Mayor of the City of Gainesville, Georgia, who addressed the House. 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. TUESDAY, JANUARY 17, 1967 133 Representative Hall, Atlanta, Georgia Tuesday, January 17, 1967. The House met pursuant to adjournment at 10:30 o'clock, A.M., this day and was called to order by the Speaker. The following prayer was offered by Rabbi Harry H. Epstein, Ahavath Achim Congregation, Atlanta, Georgia: Almighty and Eternal God: We convene in this august chamber with an awareness of Thy Presence and with a firm resolve to make ourselves instruments for the fulfillment of Thy Will. We know that our purpose on earth is only achieved by obedience to Thy message and by the acknowledgment of Thy Sovereignty in all spheres of life. The mantle of leadership imposes inexorable responsibilities to deliberate and act with broad vision, with a love for mankind and with a sensitive devotion to the loftiest horizons of American democracy. We pray for that inner strength that shall enable Thy servants to quest fearlessly for truth, to fashion the future with optimism and to perform decisive deeds for the welfare of our State and our nation. May the efforts we expend, the words we speak, the programs we pursue and the resolutions we adopt, BROADEN OUR VISION AND NARROW OUR DIVISION. May the POWER OP PRINCIPLE, RATHER THAN THE PRINCIPLE OP POWER, BE THE MEASURE OF ALL OUR DELIBERATIONS. May we be worthy of Thy continued blessings, O Master of all creations, as we manifest the wisdom and courage to make ourselves and our State exemplars of righteousness, and as we mold ourselves and our State into a potent force for moral rectitude in the sight of all our nation. May Thy grace, 0 God, rest upon us this day and in all the days ahead. Amen. By unanimous consent, the call of the roll was dispensed with. Mr. Edwards of the 57th, Acting 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. 134 JOURNAL OF THE HOUSE, By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees: HB 52. By Mr. Brown of the 34th: A Bill to be entitled an Act to amend an Act amending Chapter 92-22 relating to the imposition of a tax on the sale and use of cigars, ciga rettes, little cigars, cheroots and stogies, so as to change the incidence of the tax; and for other purposes. Referred to the Committee on Ways and Means. HB 53. By Mr. Brown of the 34th: A Bill to be entitled an Act to amend an Act which repealed an Act which repealed Part 3, Cigars and Cigarettes, Chapter 92-22, of the 1931 Code of Georgia, so as to authorize special agents and enforcement officers of the Revenue Department, in the enforcement of cigar and cigarette taxes imposed by this State, to bear arms, make arrests, execute warrants for arrest; and for other purposes. Referred to the Committee on Ways and Means. HB 54. 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 55. 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 TUESDAY, JANUARY 17, 1967 135 shall be legally competent and qualified to serve as a juror under certain conditions in any other court or courts having county-wide jurisdiction concurrent with the superior courts of this state; and for other purposes. Referred to the Committee on Special Judiciary. HB 56. By Mr. DeLong of the 105th: 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 Ways and Means. HR 23-56. By Mr. Williams of the 16th: A Eesolution compensating Mr. Hoyt S. Sosebee; and for other purposes. Referred to the Committee on Appropriations. HR 24-56. By Mr. Williams of the 16th: A Resolution compensating Mr. Odell Lovedahl; and for other purposes. Referred to the Committee on Appropriations. HR 25-56. By Mr. Chandler of the 47th: A Resolution accepting the bid of the Southern Railway Company to lease the Western and Atlantic Railroad; and for other purposes. Referred to the Committee on State Institutions & Property. HB 57. By Messrs. Ware and Mullinax of the 42nd and Lovell of the 6th: 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 that in addition to the issuance of license plates, the Revenue Commissioner and his agents shall also issue certain decals, to provide a description of such decals; and for other purposes. Referred to the Committee on Motor Vehicles. HB 58. By Messrs. Ware and Mullinax of the 42nd, Lovell of the 6th, Blalock of the 33rd and others: A Bill to be entitled an Act to provide for the confiscation and destruc tion or sale of any weapon carried illegally or used in the commission of a crime or the attempt to commit a crime against any person; and for other purposes. Referred to the Committee on Judiciary. 136 JOURNAL OP THE HOUSE, HB 59. By Messrs. Ware and Mullinax of the 42nd, Lovell of the 6th, Blalock of the 33rd and others: 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 change the commission permitted for compensation to persons selling license plates as agents of the State Revenue Commissioner; and for other purposes. Referred to the Committee on Ways and Means. HB 60. By Mr. Barber of the 24th: A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools, so as to provide that certain members who have attained age 65 and who have completed 40 years or more of creditable service and who continue in service may continue to make contributions under certain conditions; and for other purposes. Referred to the Committee on Education. HB 61. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend Code Section 26-6908, relating to commercial fishing on Sunday, so as to prohibit any person, firm or corporation from fishing with a net or seine or any other device which requires the sanction of a commercial fishing license on Sunday; and for other purposes. Referred to the Committee on Game and Fish. HB 62. By Mr. Rush of the 75th: A Bill to be entitled an Act revising the Game and Fish Commission, so as to change certain of the provisions relating to licenses issued by the Game and Fish Commission, and in particular the fees for certain licenses; and for other purposes. Referred to the Committee on Game and Fish. HB 63. By Mr. Rush of the 75th: A Bill to be entitled an Act to provide that it shall be unlawful to fish within the waters of this State with any seine or net which has a "stretch" mesh less than 4% inches; and for other purposes. Referred to the Committee on Game and Fish. HB 64. By Messrs. Levitas of the 118th, Howell of the 86th, Mixon of the 81st, Jones of the 112th, and many others: A Bill to be entitled an Act to amend Code Chapter 26-20, so as to TUESDAY, JANUARY 17, 1967 137 regulate the use of eavesdropping and bugging devices; and for other purposes. Referred to the Committee on Judiciary. HB 65. By Mr. Barber of the 24th: 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, so as to determine membership and conditions of membership in said system; and for other purposes. Referred to the Committee on Education. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 46. By Messrs. Minge, Lowrey and Starnes of the 13th, Moore of the 20th, Steis of the 100th, Adams of the 125th and Cook of the 123rd and others: A Bill to be entitled an Act to amend an Act providing for the regis tration of motor vehicles and the issuance of license plates therefor in the several counties, so as to change the amount of commission allowed to local tag agents for the sale of motor vehicle license plates; and for other purposes. HB 47. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 9-103, relating to applicants for admission to the practice of law, so as to change the exceptions and exemptions for the education requirements pre scribed in said chapter; and for other purposes. HB 48. 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 real of certain sections of the Code of Georgia of 1910 concerning the law of negotiable instruments; and for other purposes. HB 49. By Messrs. Bennett of the 95th and Mixon of the 81st: A Bill to be entitled an Act to abolish the present Superior Court Judges Retirement System and to create a new retirement system for Superior Court Judges; and for other purposes. HR 21-49. By Mr. Miller of the 108th: A Resolution compensating Felton Eugene Burke; and for other pur poses. 138 JOURNAL OF THE HOUSE, HE 22-49. By Mr. Moreland 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. HB 50. By Messrs. Westlake of the 119th and Smith of the 117th: A Bill to the entitled an Act to provide that it shall be unlawful for any distributor of any publication to refuse to sell to any dealer pub. lications if the distributor predicates his refusal to sell upon the dealer's refusal to purchase certain additional publications; and for other purposes. HB 51. By Messrs. Williams of the 16th, Johnson of the 40th and Adams of the 125th: A Bill to be entitled an Act to amend the Act known as the "Motor Vehicle Certificate of Title Act", so as to provide that the Act as amended shall not apply to motor vehicles of models antedating 1963; 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 to the House with the following recommendations: HB 19. Do Pass. HB 24. Do Pass. HB 26. Do Pass as Amended. HB 47. Do Pass. Respectfully submitted, Harris of 118th, Chairman. By unanimous consent, the following Bill of the House was taken up for consideration and read the third time: HB 34. By Messrs. Chandler and Harrington of the 47th: A Bill to be entitled an Act to place the Ordinary of Baldwin County upon an annual salary in lieu of the fee system of compensation; and for other purposes. TUESDAY, JANUARY 17, 1967 139 The following amendment was read and adopted: Messrs. Harrington and Chandler of 47th moves to amend HB 34, as follows: By striking the last sentence of the first paragraph of Section 1 in its entirety and inserting in lieu thereof a new last sentence to read as follows: "Thereafter on each January 1, as long as the present ordi nary remains in office, an increase of two hundred fifty dollars ($250.00) a year, up to a maximum of ten thousand five hundred dollars ($10,500.00) is reached, provided each increase is approved by the Commissioners of Roads and Revenues of Baldwin County." The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority, the follow ing Resolution of the House to-wit: HR 27. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, and others: A Resolution that The Georgia General Assembly does hereby recog nize and pay tribute to the municipal officials of Georgia upon the occasion of the Ninth Annual Georgia Mayors' Day, this January 16, 1967. By unanimous consent, the following Resolution of the House was read and referred to the Committee on Rules: HR 30. 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. 140 JOURNAL OF THE HOUSE, WHEREAS, in this era of unprecedented prosperity countless numbers of the citizens of this State are compensated in an unbeliev ably 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 rela tive 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, 1967, on which date the committee shall stand abolished. The funds necessary to carry out the purpose of this resolu tion shall come from the funds appropriated to and available to the legislative branch of government. Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 19. By Mr. Harris of the 118th: 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. Mr. McCracken of the 49th moved that the Bill be postponed until tomorrow immediately after the period of unanimous consent. The motion prevailed and HB 19 was postponed. HB 24. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 67-2002 relating to laborers, contractors, and materialman liens, so as to provide that such liens shall state the amount claimed due; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. TUESDAY, JANUARY 17, 1967 141 On the passage of the Bill, the ayes were 133, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 26. By Messrs. Harris, Levitas and Farrar of the 118th, Jones of the 112th, Harris of the 85th, Minge of the 13th and Vaughn of the 117th: 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 remove the right of the defendant to bring witnesses before the grand jury and to examine the witnesses of the prosecution; and for other purposes. The following Committee amendment was read and adopted: The Judiciary Committee moves to amend HB 26 by striking the period at the end of the next to last sentence, inserting a comma in lieu thereof, and adding the following words: "except the vote on the indictment, presentment or accusation under consideration." 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 Anderson Barber Barfield Bennett Berry, C. E. Blalock Bostick Brantley, H. H. Brantley, H. L. Brown, C. Busbee Caldwell Carnes Gates Cato Clarke Cole Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean Dent Dillon Dixon Dodson Dollar Dorminy Doster Douglas Egan Fallin Farmer Farrar Funk Gary Gay Gaynor Gignilliat Grahl Grier Hadaway 142 JOURNAL OF THE HOUSE, Hale Harrington Harris, J. R. Harris, R. W. Harrison Hill Hutchinson Irvin Jenkins Joiner Jones, M. Jordan, G. Jordan, W. H. Kirksey Knapp Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Maxwell McClatchey Merritt Minge Mixon Moate Moore, J. H. Mullinax Nessmith Newton Nimmer Northcutt Odom Otwell Pafford Palmer Paris Parker, C. A. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Rush Savage Scarlett Shanahan Sherman Shields Sims Smith, G. W. Smith, J. R. Smith, V. T. Stalnaker Starnes Steis Sullivan Thompson, A. W. Threadgill Townsend Tucker Vaughn, C. R. Walling Ward Wells Westlake Whaley Wiggins Williams Winkles Wood Those voting in the negative were Messrs. Ballard Battle Berry, J. K. Bond Brown, B. D. Chandler Cheeks DeLong Fleming Hall Hood Lane, W. J. Leggett Melton Moreland Richardson Those not voting were Messrs.: Alexander Black Bo wen Branch Bray Buck Collins, J. F. Collins, M. Colwell Conner Dickinson Edwards Floyd Hamilton Harris, J. F. Henderson Higginbotham Holder Howard Howell Smith, W. L. Sweat Thomas Underwood Vaughan, D. N. Wamble Johnson, A. S. Johnson, B. Jones, C. M. Kaylor Laite Lambert Matthews, D. R. Mauldin McCracken McDaniell Miller Moore, Don C. Murphy Nash Oglesby Parker, H. W. Roach TUESDAY, JANUARY 17, 1967 143 Ross Rowland Russell Simmons Snow Thompson, R. Turner Tye Ware Wilson, J. M. Wilson, R. W. Mr. Speaker On the passage of the Bill, as amended, the ayes were 133, nays 22. The Bill, having received the requisite constitutional majority, was passed, as amended. The following communications relative to the election of members of the State Highway Board, were received. THE GENERAL ASSEMBLY Atlanta January 17, 1967 Honorable Geo. L. Smith II Speaker House of Representatives State Capitol Atlanta, Georgia Dear Speaker Smith: Pursuant to your call for a caucus under the provisions of the Act reorganizing the State Highway Board, approved January 25, 1963 (Ga. Law 1963, p. 3), a caucus was held on January 17, 1967, at 1:00 o'clock P.M., in Room 341, State Capitol, and a member of the State Highway Board from the 4th Congressional District was elected. This is to advise that Honorable A. J. Embry, DeKalb County, was elected to succeed himself. Respectfully submitted, CLARENCE R. VAUGHN Representative, District 117 Chairman 4th Congressional District Caucus J. ROBIN HARRIS Representative, District 118 Secretary 4th Congressional District Caucus 144 JOURNAL OF THE HOUSE, THE GENERAL ASSEMBLY Atlanta January 17, 1967 Honorable Geo. L. Smith II Speaker House of Representatives State Capitol Atlanta, Georgia Dear Speaker Smith: Pursuant to your call for a caucus under the provisions of the Act reorganizing the State Highway Board, approved January 25, 1963 (Ga. L. 1963, p. 3), a caucus was held on January 17, 1967, at 2:00 o'clock P.M., in Room 341, State Capitol, and a member of the State Highway Board from the 3rd Congressional District was elected. This is to advise that Honorable Clarke W. Duncan, Marion County, was elected to succeed himself. Respectfully submitted, PAUL STALNAKER Representative, District 59 Chairman 3rd Congressional District Caucus DAVID C. PETERSON Representative, District 59 Secretary 3rd Congressional District Caucus Mr. Busbee of the 79th moved that the House do now adjourn until 11:00 o'clock tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 11:00 o'clock tomorrow morning. WEDNESDAY, JANUARY 18, 1967 145 Representative Hall, Atlanta, Georgia Wednesday, January 18, 1967 The House met pursuant to adjournment at 11:00 o'clock A.M., this day and was called to order by the Speaker. The following prayer was offered by Rev. Henry Fields, Pastor Macedonia Baptist Church, Newnan, Georgia. Eternal Father, Gathered here today we recognize a need for the guidance of thy divine wisdom. In our finite understanding we often blunder and fail until our spirits are filled with insights which find their origin in thee and thy revealed word. Out of our littleness and partialness weave us into thy larger life. And men never understood this earth until they looked away from it to sun and stars, no more can we understand our selves until we see ourselves in relationship to thee. Lead us from our low levels and out from our narrow boundaries, that we may escape from our obsession with ourselves and, loving and serving something greater than ourselves, find what we are in thee. Set us in the great backgrounds of our lives. Remind us of those who have loved us and nurtured us through the years, the seers who have seen for us, the prophets of the ages who have spoken to us, the martyrs who have died that we might live, that, so seeing, our lives may be lifted up and we be grateful. Grant us vision for the causes we serve. May we institute justice in a generation of wrong, unselfishness in a time when many suffer and are in great need, peace in a day of violence. Show us how in the con fusion of this world of ours in the making we can implement the truths which bring stability to life and harmony among men. Take us in our littleness and make us true representatives of those things without which mankind cannot live. Release us from narrowness into wide compassion and sympathy. We acknowledge our selfishness and are too often content when things go our way and are well with us. Yet we live in a time filled with desti tution, which needs the corrective hand of mercy applied, a time of broken lives and heavy hearts, crying for signs of concern from those who lead, a time of bitter barriers of prejudice and jealousy which must be corrected as they are removed by great men of good will. Grant unto thy servants here this day that across all lines of division hearts and spirits may be joined to perform acts of all inclusive good will. Give each victory over private prejudices and mean vindictiveness, Father, for we would take into our care every sort and condition of man. In these halls of legislative decision may each man who is a part of decisions made be assured of goodness for all men as his guide, sin cerity in all things as his motto, and selfless service to his calling as his creed. 146 JOURNAL OF THE HOUSE, And God grant that guided by the ageless principles of goodwill and truth enunciated by Jesus Christ we may strive together in love to lead our sovereign state farther along the road of greatness in example of genuine goodwill and good life for all men. May we indeed be among those who help bring humanity to its victory of righteousness under God. For this we pray in the powerful name of Jesus Christ, Amen. By unanimous consent, the call of the roll was dispensed with. Mr. Edwards of the 57th, Acting 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 of the House were introduced, read the first time and referred to the committees: HB 66. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th: A Bill to be entitled an Act to amend an Act creating the Department of Revenue and the Office of State Revenue Commissioner, so as to remove the provisions providing joint meetings of the House Ways and Means Committee and the Senate Finance Committee, and provid ing that the State Revenue Commissioner shall be an ex officio member of each of said committees; and for other purposes. Referred to the Committee on Rules. WEDNESDAY, JANUARY 18, 1967 147 HB 67. By Messrs. Steis of the 100th, Hale of the 1st and Harris of the 118th: A Bill to be entitled an Act to amend an Act entitled "An Act to classi fy property for taxation; to levy taxes on certain classes of intangible personal property; to provide that no taxes shall be levied on these particular classes of intangible personal property other than those levied by this Act; and for other purposes. Referred to the Committee on Ways and Means. HB 68. By Mr. Lovell of the 6th: A Bill to be entitled an Act to amend an Act establishing the Employees Retirement System of Georgia, so as to provide that certain persons elected to the General Assembly who have not lost their membership shall be continued as a member in the System; and for other purposes. Referred to the Committee on State of Republic. HB 69. By Mr. Caldwell of the 51st: 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 the procedure for granting credit for service in the Armed Forces; and for other purposes. Referred to the Committee on State of Republic. HB 70. By Messrs. Harris of the 118th and Johnson of the 25th: A Bill to be entitled an Act to amend Code Section 88-112 of the Code of Georgia, so as to establish the salary of the Director of the State Department of Public Health; and for other purposes. Referred to the Committee on State of Republic. HB 71. By Messrs. Jones, Pickard and Buck 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 sheriff of Muscogee County, so as to change the salary of the sheriff; and for other purposes. Referred to the Committee on Local Affairs. Mrs. Merritt of the 68th asked unanimous consent that the following Bill of the House be introduced, read the first time, ordered engrossed and referred to the committee: HB 72. By Mrs. Merritt of the 68th: A Bill to be entitled an Act to amend Code Title 53, known as "Hus- 148 JOURNAL OF THE HOUSE, band and Wife", so as to define those persons eligible to give parental consent for underage marriage applicants; and for other purposes. Referred to the Committee on Welfare. The consent was granted and HB 72 was ordered engrossed. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 73. By Mr. Kaylor of the 4th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Pannin County upon an annual salary, so as to provide an automobile allowance for the Deputy Sheriff; and for other purposes. Referred to the Committee on Local Affairs. HB 74. By Mr. Thompson of the 110th: A Bill to be entitled an Act to amend Code Section 53-204 relating to the application and issuance of marriage licenses, so as to provide that in certain cases underage applicants may be married without parental consent; and for other purposes. Referred to the Committee on Judiciary. HB 75. By Mr. McClatchey of the 138th: A Bill to be entitled an Act to amend Code Section 34-1307 prohibit ing campaign activities by any person, with the exception of candi dates, within 250 feet of any polling place, so as to provide that it shall be unlawful for any person to solicit votes in any manner in support of himself or any other person on any primary or election day within 250 ft. of any polling place; and for other purposes. Referred to the Committee on Special Judiciary. HB 76. By Mr. McClatchey of the 138th: A Bill to be entitled an Act to amend an Act providing that certain cities shall furnish aid, relief and pensions to members of paid fire departments and to future members, so as to change the provisions relating to reduced pension benefits; and for other purposes. Referred to the Committee on Local Affairs. HB 77. By Mr. Adams of the 125th: A Bill to be entitled an Act to provide that in all counties in the State WEDNESDAY, JANUARY 18, 1967 149 of Georgia 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 Local Affairs. HB 78. By Mr. Magoon of the 19th: A Bill to be entitled an Act to amend an Act establishing a retirement system for aged and incapacitated teachers in the State Public Schools, so as to provide that any member of the teachers' retirement system who has forty years or more of creditable service may, at the end of any school year, retire and receive full service retirement allowance; and for other purposes. Referred to the Committee on Education. HB 79. By Messrs. Longino of the 122nd, Turner, Cook and Gates of the 123rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Pairburn, so as to allow the governing body of the City of Pairburn, the Mayor and Council, to fix the pay and salaries of said Mayor and Council within a provided maximum; and for other purposes. Referred to the Committee on Local Affairs. HR 28-79. By Messrs. Matthews and Fallin of the 94th, Barber of the 24th, Peterson of the 59th, Hutchinson of the 79th and Wiggins of the 32nd: 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 Special Judiciary. HR 29-79. By Messrs. Malone, Palmer, Vaughn and Smith of the 117th, Davis, Westlake and Higginbotham 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 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. HB 80. By Messrs. Lee of the 35th, Pickard of the 112th, Westlake of the 119th, Moore of the 12th and Wood of the 16th: A Bill to be entitled an Act to amend Code Title 114 relating to Work men's Compensation, so as to further define "injury" and "personal injury"; and for other purposes. Referred to the Committee on Industrial Relations. 150 JOURNAL OF THE HOUSE, HB 81. By Mr. Ross of the 31st: A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to change the provisions relative to creditable service; and for other purposes. Referred to the Committee on State of Republic. HB 82. By Messrs. Hutchinson of the 79th and Chandler of the 47th: A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide that no person shall become a member on and after July 1, 1967 unless the position in which he is serving is his primary occupation; and for other purposes. Referred to the Committee on State of Republic. HB 83. By Mr. Richardson of the 116th: A Bill to be entitled an Act to amend an Act establishing a State Board of Registration for Professional Engineers and Land Surveyors, so as to provide additional methods of examining candidates for registration; and for other purposes. Referred to the Committee on Judiciary. HR 31-83. By Messrs. Richardson and Battle of the 116th, Gaynor of the 114th, Tye of the 115th and Gignilliat of the 113th: A Resolution compensating Mr. Byron A. Stephens; and for other purposes. Referred to the Committee on Appropriations. HR 32-83. By Messrs. Richardson and Battle of the 116th, Gaynor of the 114th, Tye of the 115th and Gignilliat of the 113th: A Resolution compensating Mrs. Elizabeth Stephens; and for other purposes. Referred to the Committee on Appropriations. HB 84. By Messrs. Lane and Nessmith of the 64th, Smith of the 54th, Parker of the 55th, Newton of the 50th and many others: A Bill to be entitled an Act to establish the Georgia Legislative Re tirement System; and for other purposes. Referred to the Committee on State of Republic. HB 85. By Messrs. Lane of the 64th and Parker of the 55th: A Bill to be entitled an Act to create and establish the office of Senior WEDNESDAY, JANUARY 18, 1967 151 Superior Court Reporter, and establish the Senior Superior Court Reporter Retirement Fund of Georgia; and for other purposes. Referred to the Committee on Special Judiciary. HB 86. By Mr. Barber of the 24th: A Bill to be entitled an Act to amend an Act establishing a retirement system for certain school teachers of this State, so as to provide for the payment of a minimum retirement benefit to certain members of the retirement system; and for other purposes. Referred to the Committee on Education. HB 87. By Mr. Nessmith of the 64th: A Bill to be entitled an Act to amend an Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools and other State Supported Schools; and for other purposes. Referred to the Committee on Education. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 52. By Mr. Brown of the 34th: A Bill to be entitled an Act to amend an Act amending Chapter 92-22 relating to the imposition of a tax on the sale and use of cigars, cigarettes, little cigars, cheroots and stogies, so as to change the inci dence of the tax; and for other purposes. HB 53. By Mr. Brown of the 34th: A Bill to be entitled an Act to amend an Act which repealed an Act which repealed Part 3, Cigars and Cigarettes, Chapter 92-22, of the 1931 Code of Georgia, so as to authorize special agents and enforce ment officers of the Revenue Department, in the enforcement of cigar and cigarette taxes imposed by this State, to bear arms, make arrests, execute warrants for arrest; and for other purposes. HB 54. 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 trans fers by distribution of assets in kind; and for other purposes. HB 55. 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 152 JOURNAL OF THE HOUSE, shall be legally competent and qualified to serve as a juror under cer tain conditions in any other court or courts having county-wide juris diction concurrent with the superior courts of this state; and for other purposes. HB 56. By Mr. DeLong of the 105th: 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. HR 23-56. By Mr. Williams of the 16th: A Resolution compensating Mr. Hoyt S. Sosebee; and for other pur poses. HR 24-56. By Mr. Williams of the 16th: A Resolution compensating Mr. Odell Lovedahl; and for other purposes. HR 25-56. By Mr. Chandler of the 47th: A Resolution accepting the bid of Southern Railway Company to lease the Western and Atlantic Railroad; and for other purposes. HB 57. By Messrs. Ware and Mullinax of the 42nd and Lovell of the 6th: A Bill to be entitled an Act to amend an Act pertaining to the regis tration and licensing of motor vehicles in the counties throughout the State, so as to provide that in addition to the issuance of license plates, the Revenue Commissioner and his agents shall also issue certain decals, to provide a description of such decals; and for other purposes. HB 58. By Messrs. Ware and Mullinax of the 42nd, Lovell of the 6th, Blalock of the 33rd and others: A Bill to be entitled an Act to provide for the confiscation and de struction or sale of any weapon carried illegally or used in the com mission of a crime or the attempt to commit a crime against any person; and for other purposes. HB 59. By Messrs. Ware and Mullinax of the 42nd, Lovell of the 6th, Blalock of the 33rd, and others: A Bill to be entitled an Act to amend an Act pertaining to the regis tration and licensing of motor vehicles in the counties throughout the State, so as to change the commission permitted for compensation to persons selling license plates as agents of the State Revenue Com missioner; and for other purposes. WEDNESDAY, JANUAEY 18, 1967 153 HB 60. By Mr. Barber of the 24th: A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools, so as to provide that certain members who have attained age 65 and who have completed 40 years or more of creditable service and who continue in service may continue to make contributions under certain conditions; and for other purposes. HB 61. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend Code Section 26-6908, relating to commercial fishing on Sunday, so as to prohibit any person, firm or corporation from fishing with a net or seine or any other device which requires the sanction of a commercial fishing license on Sunday; and for other purposes. HB 62. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act revising the Game and Fish Commission, so as to change certain of the provisions relating to licenses issued by the Game and Fish Commission, and in particular the fees for certain licenses; and for other purposes. HB 63. By Mr. Rush of the 75th: A Bill to be entitled an Act to provide that it shall be unlawful to fish within the waters of this State with any seine or net which has a "stretch" mesh less than 4% inches; and for other purposes. HB 64. By Messrs. Levitas of the 118th, Howell of the 86th, Mixon of the 81st, Jones of the 112th, and many others: A Bill to be entitled an Act to amend Code Chapter 26.20, so as to regulate the use of eavesdropping and bugging devices; and for other purposes. HB 65. By Mr. Barber of the 24th: 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 School and other State Supported Schools, so as to deter mine membership and conditions of membership in said system; and for other purposes. Mr. Harris of 118th, Chairman of the Committee on Judiciary, submitting the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bill 154 JOURNAL OF THE HOUSE, of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations: HB 64. Do Pass. Respectfully submitted, Harris of 118th Chairman Mr. Clarke of 45th District, Chairman of the Committe on Local Affairs, submitted the following report: Mr. Speaker: Your Committee on Local Affairs has had under consideration the following Bill of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations: HB 8. Do Pass. Respectfully submitted, Clarke of 45th Chairman Mr. Dorminy of the 72nd, Chairman of the Committee on Natural Resources, submitted the following report: Mr. Speaker: Your Committee on Natural Resources has had under consideration the fol lowing Bill of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations: HB 39. Do Pass. Respectfully submitted, Dominy of 72nd Chairman Mr. Steis of the 100th District, Chairman of the Committee on Special Judi ciary, submitted the following report: Mr. Speaker: Your Committee on Special Judiciary has had under consideration the follow ing Bills of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations: HB 48. Do Pass. HB 54. Do Pass. WEDNESDAY, JANUARY 18, 1967 155 HB 55. Do Pass. HB 21. Do Pass. HB 37. Do Pass. HB 25. Do Pass as amended. HB 38. Do Pass as amended. Respectfully submitted, Steis of 100th Chairman Mr. McCracken of the 49th, 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 Bill 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. Respectfully submitted, McCracken of 49th Chairman The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bill, to-wit: SB 13. By Senator Rowan of the 8th: A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, as amended, particularly by an Act Approved February 2, 1949 (Ga. Laws 1949, p. 70) so as to change the qualifications of the Director of Public Safety of Georgia; to repeal conflicting laws; and for other purposes. By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee: 156 JOURNAL OF THE HOUSE, SB 13. By Senator Rowan of the 8th: A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to change the qualifications of the Director, and for other purposes. Referred to the Committee on State of Republic. Mr. Brantley of the 63rd arose to a point of personal privilege and addressed the House. Mr. Melton of the 34th arose to a point of personal privilege and addressed the House. Mr. Richardson of the 116th asked unanimous consent that the following Resolution of the House be withdrawn from the Committee on Special Judiciary and recommitted to the Committee on Local Affairs: HR 13-16. By Messrs. Richardson and Battle of the 116th, Gaynor and Smith of the 114th, Gignilliat and Berry of the 113th and Whaley of the 116th: 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; and for other purposes. The consent was granted and HR 13-16 was withdrawn and recommitted. The following Resolution of the House were read and adopted: HR 33. By Messrs. Roach of the 15th and Matthews of the 29th: A RESOLUTION Extending condolences to the family of Mrs. E. M. Barrett at her untimely passing; and for other purposes. WHEREAS, Mrs. E. M. Barrett, the mother of former House member Carl Barrett, passed away on January 9, 1967; and WHEREAS, Mrs. Barrett was a beloved and respected member of her community in Cherokee County as well as being a loving and devoted mother and wife to her own family; and WHEREAS, this great lady was an outstanding citizen of her community, state and nation, and will be sorely missed by all who knew, loved and respected her. WEDNESDAY, JANUARY 18, 1967 157 NOW, THEREFORE, BE IS RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body wishes to express its deepest condolences and sympathy to the family of Mrs. E. M. Barrett at her untimely passing, and that each member of this House joins with her family in this hour of grief, but takes comfort knowing full well that she will reside in the House of the Lord forever. 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 Mrs. E. M. Barrett. HR 34. By Messrs. Smith of the 54th, Busbee of the 79th, Lee of the 79th and Hutchinson of the 79th: A RESOLUTION Extending sympathy upon the death of Mr. Council Ashley Dunbar; and for other purposes. WHEREAS, Mr. Council Ashley Dunbar, father of the wife of Representative Colquitt H. Odom, passed away on January 17, 1967; and WHEREAS, he was a resident of Augusta and was active in the business, civic and religious affairs of his community, and his passing is a great loss to his locality. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest sympathy is hereby extended to Representative and Mrs. Colquitt H. Odom and to the other members of her family upon the death of Mr. Council Ashley Dunbar. BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Mrs. Odom. Under the general order of business, the following Bill of the House was again taken up for consideration: HB 19. By Mr. Harris of the 118th: 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. The following amendment was read and adopted: Mr. Ballard of the 37th moves to amend HB 19 by adding the words "last known" after the word "and" and before the word "address" in fourth line of Paragraph 'e.' 158 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 ayes were 111, nays 11. 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 25. By Messrs. Harris and Levitas of the 118th: A Bill to be entitled an Act to amend Code Section 113-1005, relating to the appointment of appraisers, so as to provide 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; and for other purposes. The following Committee amendment was read: Special Judiciary amends House Bill No. 25 by inserting after the word "mailed" the following: "by the said ordinary within five days". So that when so amended Code Section 113-1005 shall 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 ordi nary within 30 days from the date of their appointment. A copy of the return filed with the ordinary shall be mailed by the said ordinary within five days to the tax commissioner or tax collector of any coun ty 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 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 competent surveyor, in making the sur vey and measurement of the lands so set apart showing the lengths of the boundary lines (except crooked natural boundaries), and the direc tions 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 appraiser's return. Upon filing said return, the ordinary shall issue citation and published notice as required in the appointment of permanent adminis trators, citing all persons concerned to show cause why said applica tion 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 return so made in a book WEDNESDAY, JANUARY 18, 1967 159 to be kept for this purpose; if an appeal is taken, pending the appeal the family shall be furnished with necessaries by the representative of the estate." An amendment to the Committee amendment, offered by Mr. Lee of the 35th was read and lost. 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 ayes were 120, nays 1. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 37. By Mr. Paris of the 23rd: A Bill to be entitled an Act to amend Code Section 109A-6-107 of the Code of Georgia, relating to notice under bulk transfers, so as to pro vide additional methods of giving notice; to provide the procedure con nected therewith; 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 116, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 38. By Mr. Paris of the 23rd: A Bill to be entitled an Act to amend the Appellate Procedure Act of 1965, so as to amend Section 17 of said Act, relating to errors in instruc tions to a jury, so that as a condition to appeal, execeptions must be taken before the jury returns its verdict in civil cases only and not in criminal cases to the court's giving or failure to give an instruction; and for other purposes. 160 JOURNAL OF THE HOUSE, The following Committee amendment was read and adopted: Committee on Special Judiciary moves to amend House Bill No. 38 as follows: By changing phrase in the second sentence of Section 17 (a) which reads "assignments or error" to read "assignments of error." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 116, nays 2. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 47. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 9-103, relating to applicants for admission to the practice of law, so as to change the exceptions and exemptions for the education requirements prescribed in said chapter; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 126, nays 1. The Bill, having received the requisite constitutional majority, was passed. Mr. Jones of the 76th moved that the House do now adjourn until 11:00 o'clock tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 11 o'clock tomorrow morning. THURSDAY, JANUARY 19, 1967 161 Representative Hall, Atlanta, Georgia Thursday, January 19, 1967. The House met pursuant to adjournment at 11:00 o'clock A.M., this day and was called to order by the Speaker. Prayer was offered by Dr. Robert Besancon, Pastor Little Horse Creek Bap tist Church, Sylvania, Georgia. The roll was called and the following representatives answered to their name: Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Pallin Farmer Farrar Fleming Funk Gary Gay Gaynor Gignilliat Grahl Grier Hale Hall Hamilton Harrington Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Irvin Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey 162 McCracken McDaniell Melton Merritt Miller Minge Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson JOURNAL OF THE HOUSE, Phillips Pickard Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughn Walling Wamble Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood 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. 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. THURSDAY, JANUARY 19, 1967 163 By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 88. By Messrs. Bostick of the 93rd, Bennett of the 95th, Smith of the 44th, Brantley of the 63rd, Ballard of the 37th, Nimmer of the 84th, Clarke of the 29th, Moore of the 20th and Bowen of the 69th: A Bill to be entitled an Act to provide for the taxation of all motor vehicles; and for other purposes. Referred to the Committee on Ways and Means. HB 89. By Messrs. Gignilliat and Berry of the 113th, Tye and Whaley of the 115th, Smith and Gaynor of the 114th and Richardson of the 116th: A Bill to be entitled an Act to provide for alternative times for making tax returns; and for other purposes. Referred to the Committee on Ways and Means. HB 90. By Messrs. Bostick of the 93rd, Bennett of the 95th, Smith of the 44th, Brantley of the 63rd and others: A Bill to be entitled an Act to amend an Act pertaining to the registra tion and licensing of motor vehicles in the counties in the State, so as to provide for a procedure for the issuance of license plates; and for other purposes. Referred to the Committee on Ways and Means. HB 91. By Messrs. Bostick of the 93rd, Bennett of the 95th, Smith of the 44th, Brantley of the 63rd and others: A Bill to be entitled an Act to provide that motor vehicles shall be taxes in the same manner as all other tangible property owned in this State; and for other purposes. Referred to the Committee on Ways and Means. HB 92. By Mr. Harrison of the 98th: A Bill to be entitled an Act to amend an Act amending the several Acts incorporating the City of St. Marys in the County of Camden, so as to provide for council posts; and for other purposes. Referred to the Committee on Local Affairs. HB 93. By Mr. Harrison of the 98th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Charlton County known as the fee system; and for other purposes. Referred to the Committee on Local Affairs. 164 JOURNAL OF THE HOUSE, HB 94. By Messrs. Pickard of the 112th and Parrar of the 118th: 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 95. By Messrs. Starnes, Lowrey and Minge of the 13th: A Bill to be entitled an Act to amend the Charter of the City of Rome by striking the year "1965" as it appears in Line 5, page 2376 of 1966 Georgia Laws, and substituting therefor the year "1968'; and for other purposes. Referred to the Committee on Local Affairs. HB 96. By Mr. Johnson of the 25th: A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide a board of commissioners for the County of Elbert", so as to pro vide for the filling of vacancies in the office of Chairman; and for other purposes. Referred to the Committee on Local Affairs. HB 97. By Dr. Doster of the 73rd: A Bill to be entitled an Act to amend an Act creating the office of com missioner of roads and revenues for Telfair County, so as to provide that the February term of the grand jury of the Telfair Superior Court shall select the Auditor of the books and records of Telfair County; and for other purposes. Referred to the Committee on Local Affairs. HB 98. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to amend an Act creating a charter for the City of Carrollton, so as to change the rate of taxation for school pur poses in and for said City; and for other purposes. Referred to the Committee on Local Affairs. HB 99. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to amend an Act entitled "Carrollton ad valorem tax rate", so as to change the limit of the ad valorem tax rate on all real and personal property within the corporate limits of said City; and for other purposes. Referred to the Committee on Local Affairs. THURSDAY, JANUARY 19, 1967 165 HB 100. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to amend an Act creating the Office of Com missioners of Roads and Revenues for Carroll County, so as to change the compensation of the clerk of the County Commissioner; and for other purposes. Referred to the Committee on Local Affairs. HB 101. By Messrs. Lane of the 126th, Cook, Turner and Gates of the 123rd, and Hill of the 121st: A Bill to be entitled an Act establishing a new charter for the City of East Point in Fulton County relating to elections and primaries for members of the City Council; and for other purposes. Referred to the Committee on Local Affairs. HB 102. By Messrs. Lane of the 126th, Cook, Turner and Gates of the 123rd, and Hill of the 121st: A Bill to be entitled an Act establishing a new charter for the City of East Point in Fulton County relating to the power and authority of the Governing Authority; and for other purposes. Referred to the Committee on Local Affairs. HB 103. By Messrs. Lane of the 126th, Cook, Turner and Gates of the 123rd, and Hill of the 121st: A Bill to be entitled an Act to grant to the incorporated municipalities of this State located within any county 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 struc tures; and for other purposes. Referred to the Committee on Local Affairs. HB 104. By Messrs. Pickard, Jones and Buck of the 112th, Thompson and Berry of the 110th, Shields and Thompson of the lllth: A Bill to be entitled an Act to amend Code Section 21-105 relating to fees paid to coroners in certain counties, so as to provide that in such counties the annual salary shall be $4,200.00 to be paid in equal monthly installments; and for other purposes. Referred to the Committee on Local Affairs. HR 35-104. By Messrs. Bostick of the 93rd, Bennett of the 95th, Smith of the 44th, Brantley of the 63rd and others: A Resolution proposing an amendment to the Constitution so as to pro vide that motor vehicles shall be subject to only one form of taxation, 166 JOURNAL OF THE HOUSE, which shall be a license tax, and shall be exempt from any other form of taxation; and for other purposes. Referred to the Committee on Ways and Means. HE 36-104. By Messrs. Moore of the 20th and Starnes of the 13th: A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide for the exemption from any ad valorem taxation all personal clothing and all personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, and not held for sale, or other commer cial use, except motor vehicles; and for other purposes. Referred to the Committee on Ways and Means. HB 105. By Messrs. Snow of the 1st, McClatchey of the 138th and Sullivan of the 95th: A Bill to be entitled an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to provide for an increase in said tax from 3% to 4%; and for other purposes. Referred to the Committee on Ways and Means. HB 106. By Messrs. Snow of the 1st, Williams of the 16th, Lee of the 79th, Mc Clatchey of the 138th, Wilson of the 109th and others: A Bill to be entitled an Act to create a State Planning and Programming Bureau; and for other purposes. Referred to the Committee on Industry. HR 37-106. By Mr. Lovell of the 6th: A Resolution authorizing the execution of an agreement under which certain persons will be entitled to obtain water from Black Rock Moun tain State Park; and for other purposes. Referred to the Committee on State Institutions and Property. HR 38-106. By Messrs. Snow of the 1st, McClatchey of the 138th and Sullivan of the 95th: A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to impose a tax and to make allocation and distribution of State funds to counties, municipalities, and any local unit of school administration; and for other purposes. Referred to the Committee on Ways and Means. THURSDAY, JANUARY 19, 1967 167 HB 107. By Messrs. Smith of the 3rd, Holder of the 70th and Savage of the 58th: A Bill to be entitled an Act to define and classify information con tained in medical records; to permit disclosure of information in medi cal records under certain circumstances, and to provide for immunity from liability for disclosure of information in medical records where so permitted; and for other purposes. Referred to the Committee on Hygiene and Sanitation. HB 108. By Mr. Lambros of the 130th: A Bill to be entitled an Act to be known as the "Georgia Home Improve ment Act'; and for other purposes. Referred to the Committee on Industry. HB 109. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 102-102, relating to general rules of construction for statutes, so as to provide for additional time within which to complete certain actions when the final date for completing such action shall fall on a public or legal holiday; and for other purposes. Referred to the Committee on Judiciary. HR 39-109. By Mr. Harris of the 118th: A Resolution compensating Mr. James R. Everett; and for other purposes. Referred to the Committee on Appropriations. HB 110. By Messrs. Johnson of the 40th, Adams of the 125th, Snow of the 1st, Vaughan of the 14th, Hood of the 124th, Harris of the 14th and Lovell of the 6th: 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 111. By Messrs. Dixon and Sweat of the 83rd: A Bill to be entitled an Act to provide for the establishment of a division in the Department of Labor to be known as the "Safety Division"; and for other purposes. Referred to the Committee on Industrial Relations. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: 168 JOURNAL OF THE HOUSE, HB 66. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th: A Bill to be entitled an Act to amend an Act creating the Department of Revenue and the Office of State Revenue Commissioner, so as to remove the provision providing joint meetings of the House Ways and Means Committee and the Senate Finance Committee, and providing that the State Revenue Commissioner shall be an ex officio member of each of said committees; and for other purposes. HB 67. By Messrs. Steis of the 100th, Hale of the 1st and Harris of the 118th: A Bill to be entitled an Act to amend an Act entitled "An Act to classify property for taxation; to levy taxes on certain classes of intangible per sonal property; to provide that no taxes shall be levied on these particu lar classes of intangible personal property other than those levied by this Act; and for other purposes. HB 68. By Mr. Lovell of the 6th: A Bill to be entitled an Act to amend an Act establishing the Employees Retirement System of Georgia, so as to provide that certain persons elected to the General Assembly who have not lost their membership shall be continued as a member in the System; and for other purposes. HB 69. By Mr. Caldwell of the 51st: 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 the procedure for granting credit for service in the Armed Forces; and for other purposes. HB 70. By Messrs. Harris of the 118th and Johnson of the 25th: A Bill to be entitled an Act to amend Code Section 88-112 of the Code of Georgia, so as to establish the salary of the Director of the State Department of Public Health; and for other purposes. HB 71. By Messrs. Jones, Pickard and Buck 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 sheriff of Muscogee County, so as to change the salary of the sheriff; and for other purposes. HB 72. By Mrs. Merritt of the 68th: A Bill to be entitled an Act to amend Code Title 53, known as "Husband and Wife", so as to define those persons eligible to give parental con sent for underage marriage applicants; and for other purposes. THURSDAY, JANUARY 19, 1967 169 HB 73. By Mr. Kaylor of the 4th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Pannin County upon an annual salary, so as to provide an automobile allowance for the Deputy Sheriff; and for other purposes. HB 74. By Mr. Thompson of the 110th: A Bill to be entitled an Act to amend Code Section 53-204 relating to the application and issuance of marriage licenses, so as to provide that in certain cases underage applicants may be married without parental consent; and for other purposes. HB 75. By Mr. McClatchey of the 138th: A Bill to be entitled an Act to amend Code Section 34-1307 prohibiting campaign activities by any person, with the exception of candidates, within 250 feet of any polling place, so as to provide that it shall be unlawful for any person to solicit votes in any manner in support of him self or any other person on any primary or election day within 250 ft. of any polling place; and for other purposes. HB 76. By Mr. McClatchey of the 138th: A Bill to be entitled an Act to amend an Act providing that certain cities shall furnish aid, relief and pensions to members of paid fire depart ments and to future members, so as to change the provisions relating to reduced pension benefits; and for other purposes. HB 77. By Mr. Adams of the 125th: 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, the office of Justice of the Peace Emeritus shall be created; and for other purposes. HB 78. By Mr. Magoon of the 19th: A Bill to be entitled an Act to amend an Act establishing a retirement system for aged and incapacitated teachers in the State Public Schools, so as to provide that any member of the teachers' retirement system who has forty years or more of creditable service may, at the end of any school year, retire and receive full service retirement allowance; and for other purposes. HB 79. By Messrs. Longino of the 122nd, Turner, Cook and Gates of the 123rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fairburn, so as to allow the governing body of the City of Fairburn, the Mayor and Council, to fix the pay and salaries of said Mayor and Council within a provided maximum; and for other purposes. 170 JOURNAL OF THE HOUSE, HR 28-79. By Messrs. Matthews and Fallin of the 94th, Barber of the 24th, Peterson of the 59th, Hutchinson of the 79th and Wiggins of the 32nd: A Resolution proposing an amendment to the Constitution so as to authorize State taxation for school lunch purposes; and for other purposes. HR 29-79. By Messrs. Malone, Palmer, Vaughn and Smith of the 117th, Davis, Westlake and Higginbotham 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. HB 80. By Messrs. Lee of the 35th, Pickard of the 112th, Westlake of the 119th, Moore of the 12th and Wood of the 16th: A Bill to be entitled an Act to amend Code Title 114 relating to Work men's Compensation, so as to further define "injury" and "personal injury"; and for other purposes. HB 81. By Mr. Ross of the 31st: A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to change the provisions relative to creditable service; and for other purposes. HB 82. By Messrs. Hutchinson of the 79th and Chandler of the 47th: A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide that no person shall become a member on and after July 1, 1967 unless the position in which he is serving is his primary occupation; and for other purposes. HB 83. By Mr. Richardson of the 116th: A Bill to be entitled an Act to amend an Act establishing a State Board of Registration for Professional Engineers and Land Surveyors, so as to provide additional methods of examining candidates for registration; and for other purposes. HR 31-83. By Messrs. Richardson and Battle of the 116th, Gaynor of the 114th, Tye of the 115th and Gignilliat of the 13th: A Resolution compensating Mr. Byron A. Stephens; and for other purposes. THURSDAY, JANUARY 19, 1967 171 HR 32-83. By Messrs. Richardson and Battle of the 116th, Gaynor of the 114th, Tye of the 115th and Gignilliat of the 13th: A Resolution compensating Mrs. Elizabeth Stephens; and for other purposes. HB 84. By Messrs. Lane and Nessmith of the 64th, Smith of the 54th, Parker of the 55th, Newton of the 50th and many others: A Bill to be entitled an Act to establish the Georgia Legislative Retire ment System; and for other purposes. HB 85. By Messrs. Lane of the 64th and Parker fo the 55th: A Bill to be entitled an Act to create and establish the office of Senior Superior Court Reporter, and establish the Senior Superior Court Reporter Retirement Fund of Georgia; and for other purposes. HB 86. By Mr. Barber of the 24th: A Bill to be entitled an Act to amend an Act establishing a retirement system for certain school teachers of this State, so as to provide for the payment of a minimum retirement benefit to certain members of the retirement system; and for other purposes. HB 87. By Mr. Nessmith of the 64th: A Bill to be entitled an Act to amend an Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools and other State Supported Schools; and for other purposes. SB 13. By Senator Rowan of the 8th: A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to change the qualifications of the Director; and for other purposes. Mr. Pickard of the 112th, Chairman of the Committee on Industry, sub mitted the following report: Mr. Speaker: Your Committee on Industry has had under consideration the following Bill of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations: HB 50. Do Pass. Respectfully submitted, Pickard of the 112th, Chairman. 172 JOURNAL OF THE HOUSE, Mr. Steis of 100th 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 and Resolution of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations: HR 28-79. Do Pass. HB 11. Do Pass. HB 35. Do Pass. HB 75. Do Pass. Respectfully submitted, Steis of the 100th, Chairman. Mr. Melton of the 34th, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the follow ing Bills of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations: HB 36. Do Pass as amended. HB 56. Do Not Pass. Respectfully submitted, Melton of 34th District, Chairman. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted the following resolution, to-wit: SR 12. By Senators Broun of the 6th, Smalley of the 28th, Hill of the 29th, and others: A Resolution commending Coach Vince Dooley, his staff and the Uni versity of Georgia Football Team; and for other purposes. THURSDAY, JANUARY 19, 1967 173 The following Resolution of the House was read and adopted: HR 40. By Messrs. Jordan of the 78th, Howell of the 86th and Daily of the 66th: A RESOLUTION Relative to the naming of the reservoir created by the Walter P. George Dam; and for other purposes. WHEREAS, the United States Corps of Engineers, in constructing the Walter P. George Dam, has provided for southwestern Georgia and southeastern Alabama a magnificent recreational facility and flood con trol project; and WHEREAS, there will be untold benefits accruing to the citizens of the States of Alabama and Georgia and, in particular, the southeast and southwest portions, respectively, of these States; and WHEREAS, the damming of the Chattahoochee River and the resulting reservoir covers vast areas both in the States of Georgia and Alabama; and WHEREAS, it is only befitting and proper that in selecting a name for this magnificent reservoir that a name be selected which will be representative of the area in which the reservoir is located and which will be indicative of its relative location dividing the States of Alabama and Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that this body does hereby urge each and every member of the Georgia Congressional Delegation to exert his influence to see that the name chosen for this reservoir shall be repre sentative of the interests of both the States of Georgia and Alabama. 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 and every member of the Georgia Congressional Delegation. By unanimous consent, the following Bill and Resolution of the House were taken up for consideration and read the third time: HB 8. By Messrs. Richardson and Battle of the 116th, Gaynor and Smith of the 114th, Gignilliat and Berry of the 113th, Tye and Whaley of the 115th: A Bill to amend an Act to create and organize Commissioners of Chat ham County, who shall be ex officio Judges, to define their jurisdiction and duties, so as to change the method of filling vacancies which occur in the office of Commissioners of Chatham County and ex officio Judges; and for other purposes. 174 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 104, nays 0. The Bill having received the requisite constitutional majority was passed. HR 17-41. By Mr. Dickinson of the 27th: A RESOLUTION Proposing an amendment to the Constitution, so as to provide that the General Assembly may authorize and provide for a Civil Service System and a Retirement System for all present and future officers and employees of Douglas County; to provide the procedure connected there with; to provide for the supmission 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 I of the Constitution is hereby amended by adding at the end thereof the following paragraph: "Paragraph 1. The General Assembly is hereby authorized and empowered to provide for the creation of a Civil Service System and a Retirement System for all present and future officers and employees of Douglas County. The General Assembly may by law create such systems and all of the powers, duties incident thereto, including the administration of such system and the appointment of persons to administer same, including their compensation, terms of office, and their powers and duties." SECTION 2. When the proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "ayes" and "nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I 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 creation THURSDAY, JANUARY 19, 1967 175 NO ( ) of a Civil Service System and a Retirement System for all present and future officers and employees of Douglas 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.: Adams Barber Barfield Battle Bennett Berry, J. K. Black Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato Cheeks Clarke Cole Collins, J. F. Colwell Conner Cook Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Douglas Fallin Farmer Fleming Floyd Funk Gay Gaynor Gignilliat Grier Hadaway Hale Hall Hamilton Harrington Harris, J. R. Harris, R. W. Harrison Hill Holder Hood Howard Howell Hutchinson Irvin Jenkins Johnson, A. S. Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor 176 Kirksey Knapp Lambert Lambros Lane, Dick Lane W. J. Lee, W. S. Leggett Leonard Le vitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Minge Mixon JOURNAL OF THE HOUSE, Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Otwell Pafford Palmer Paris Parker, C. A. Parrish Phillips Pbss Ragland Reaves Richardson Ross Rowland Rush Savage Scarlett Shanahan Sherman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Starnes Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Vaughn, C. R. Wamble Ware Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Wood Those not voting were Messrs.: Alexander Anderson Ballard Berry, C. E. Blalock Bray Chandler Collins, M. Cooper, B. Cox Doster Edwards Egan Farrar Gary Grahl Harris, J. F. Henderson Higginbotham Johnson, B. Jones, C. M. Laite Land Lee, W. J. (Bill) Matthews, C. Moate Odom Oglesby Parker, H. W. Peterson Pickard Potts Rainey Roach Russell Shields Snow Stalnaker Steis Underwood Vaughan, D. N. Walling Ward Wells Winkles Mr. Speaker On the adoption of the Resolution, the ayes were 158, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. THURSDAY, JANUARY 19, 1967 177 Mr. Jones of the 76th stated that he had been called from the House when the vote was taken on HR 17-41 but had he been present, would have voted Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 48. By Mr. McClatchey of the 138th: A Bill to amend Code Chapter 109A-10 relating to the Uniform Commer cial Code, so as to provide for the specific real of certain sections of the Code of Georgia of 1910 concerning the law of negotiable instru ments; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 54. By Mr. McClatchey of the 138th: A Bill 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 report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 55. 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 shall be legally competent and qualified to serve as a juror under cer tain conditions in any other court or courts having county-wide juris diction concurrent with the superior courts of this state; and for other purposes. 178 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 162, nays 0. The Bill, having received the requisite constitutional majority, was passed HB 64. By Messrs. Levitas of the 118th, Howell of the 86th, Mixon of the 81st, Jones of the 112th, and many others: A Bill to be entitled an Act to amend Code Chapter 26-20, so as to regulate the use of eavesdropping and bugging devices; and for other purposes. Mr. Lee of the 79th moved that HB 64 and all amendments thereto be postponed until Wednesday, February 15th, 1967. The motion was lost. The following amendment was read and adopted: Mr. Murphy of the 26th moves to amend HB 64 as follows: (1) By striking from the caption of said Bill the following lan guage, to-wit: "To authorize law enforcement officers to conduct surveil lance of offenders or suspected offenders; to provide the pro cedure connected therewith; to provide for certain exception to the foregoing offense;" (2) By striking from Section (1) of said Bill the section desig nated as Section 26-2.005 and all subparagraphs thereof in its en tirety. (3) By striking from Section 26-2004 of Section 1 of said Bill the following language, to-wit: "other than law enforcement officer permitted by this chapter to employ such devices," An amendment by Mr. Lee of the 79th was read and ruled out of order by the Speaker. The following amendment was read and adopted: Mr. Alexander of 133rd District moves to amend HB 64: THURSDAY, JANUARY 19, 1967 179 By adding in the 3rd line of subparagraph (c) of Section 26-2006, the words "without cost after the word "available" and before the work "at". An amendment by Mr. Alexander of the 133rd was read and lost. An amendment by Mr. Levitas of the 118th was read and ruled out of order by the Speaker. The following amendment was read and adopted: Mr. Levitas of the 118th moves to amend HB 64 as follows: By inserting in subsection (d) of Section 26-2002 between the words "apparatus" and "a", the words "the contents of" so that, when so amended, subsection (d) shall read as follows: "(d) any person to intentionally and secretly intercept by the use of any device or apparatus the contents of a passage sent by telephone, telegraph, letter or by an other means of private com munication;" An amendment, offered by Mr. Levitas of the 118th was read and ruled out of order by the Speaker. The following amendment was read and adopted: Mr. Levitas of the 118th moves to amend HB 64 by inserting be tween the words "shall" and "consent" as they appear in Section 26-2007, the words "expressly or impliedly" so that, when so amended, Section 26-2007 shall read as follows: " 'Section 26-2007. Nothing contained in Code Section 26-2002 shall prohibit the interception, recording and divulging of a mes sage sent by telephone, telegraph, letter or other means when the sender and receiver thereof shall expressly or impliedly consent thereto or in those instances wherein the message shall be initiated or instigated by a person and the message shall constitute the com mission of a crime or is directly in the furtherance of a crime, provided at least one party thereto shall consent.' " 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: 180 JOURNAL OP THE HOUSE, Those voting in the affirmative were Messrs. Adams Alexander Ballard Barber Barfield Bennett Berry, J. K. Blalock Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Colwell Cook Cooper, J. R. Dean Dent Dillon Dodson Dollar Dorminy Douglas Egan Pallin Farmer Parrar Punk Gary Gay Gaynor Gignilliat Grahl Grier Hale Hamilton Harrington Harris, R. W. Harrison Holder Hood Howell Hutchinson Irvin Jenkins Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kirksey Knapp Laite Lambert Lambros Land Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Levitas Lewis Longino Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken Merritt Miller Mixon Moate Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Otwell Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Ragland Rainey Richardson Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Simmons Sims Smith, V. T. Smith, W. L. Snow Stalnaker Steis Sullivan Thompson, A. W. Threadgill Townsend Tucker Turner Tye Underwood Vaughn, C. R. Walling Wamble Ware Wells Wiggins Wilson, R. W. Those voting in the negative were Messrs.: Anderson Battle Black Bowen Branch Brown, C. Buck Busbee Collins, J. P. Collins, M. Cooper, B. Cox Crowe, William Dailey Daugherty Davis DeLong Dixon Doster Edwards Fleming Hadaway Hall Harris, J. F. Harris, J. R. Henderson Higginbotham Howard Kaylor THUESDAY, JANUARY 19, 1967 181 Lane, Dick Lee, W. S. Lovell Magoon Minge Moore, Don C. Northcutt Oglesby Pafford Poss Potts Reaves Roach Smith, G. W. Smith, J. R. Starnes Sweat Vaughan, D. N. Westlake Whaley Williams Wilson, J. M. Those not voting were Messrs.: Berry, C. E. Bostick Conner Crowe, W. J. Dickinson Floyd Hill Johnson, A. S. McClatchey McDaniell Melton Nimmer Odom Phillips Pickard Shields Thomas Thompson, R. Ward Winkles Wood Mr. Speaker On the passage of the Bill, as amended, the ayes were 131, nays 51. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 39. By Messrs. Dorminy of the 72nd, Dixon of the 81st and others: A Bill to be entitled an Act to amend an Act so as to provide for the amount of funds to be paid by counties for forest fire protection for privately owned forest land; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 128, nays 3. The Bill, having received the requisite constitutional majority, was passed. HB 14. By Mr. Hutchinson of the 79th: A Bill to be entitled an Act to authorize the State Personnel Board to provide a Health Insurance Plan for employees of the county boards of health; to define certain terms; to provide for the contents of such insurance plan and persons eligible to participate in such plan; to provide for exclusions; and for other purposes. 182 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 165, nays 0. The Bill, having received the requisite constitutional majority, was passed. 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. FRIDAY, JANUARY 20, 1967 183 Representative Hall, Atlanta, Georgia Friday, January 20, 1967 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. Nelson Price, Pastor Roswell Street Baptist Church, Marietta, 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 112. By Messrs. Gaynor of the 114th, Harris of the 118th, Pickard of the 112th, Sullivan of the 95th and Townsend of the 140th: A Bill to be entitled an Act to amend Code Chapter 88-9 relating to air quality control, so as to provide for air quality control; to provide for a declaration of public policy relative to air quality control; and for other purposes. Referred to the Committee on Hygiene and Sanitation. 184 JOURNAL OF THE HOUSE, HB 113. By Mr. Vaughn of the 117th: A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Eockdale County, so as to provide for the disposition of certain fees and commissioners formerly allowed the Tax Commissioner; and for other purposes. Referred to the Committee on Local Affairs. HB 114. By Mr. Malone 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, so as to change the base compensation; and for other purposes. Referred to the Committee on Local Affairs. HB 115. By Mr. Brantley of the 63rd: 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 leave expenses not otherwise pro vided in said Act; and for other purposes. Referred to the Committee on Education. HB 116. By Messrs. Brantley of the 63rd, Nessmith of the 64th, Johnson of the 40th, Lane of the 64th, Rush of the 75th and others: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to 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 Education. HB 117. By Mr. Kirksey 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 Miller County, so as to change the corporate limits; and for other purposes. Referred to the Committee on Local Affairs. HB 118. By Messrs. Westlake, Davis and Higginbotham of the 119th and Smith of the 117th: A Bill to be entitled an Act to amend an Act regulating the sale, pos session, prescribing and dispensing of certain dangerous drugs, so as FRIDAY, JANUARY 20, 1967 185 to include Lysergic Acid Di Ethylamide (LSD) within the drugs regulated by the provisions of said Act; and for other purposes. Referred to the Committee on Hygiene and Sanitation. HB 119. By Mr. Ballard of the 37th: A Bill to be entitled an Act to amend an Act relating to the negotiation of highway contracts by the State Highway Director and/or the State Highway Department, so as to provide for the negotiation of such contracts with incorporated municipalities when, in the discretion of the State Highway Director, such contracts are deemed to be in the public interest; and for other purposes. Referred to the Committee on Highways. HB 120. By Messrs. Howell of the 86th and Bennett of the 95th: A Bill to be entitled an Act to provide for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem tax purposes and to adopt a different rate, method of assess ment, and dates of assessment for such property; and for other purposes. Referred to the Committee on Motor Vehicles. HB 121. By Messrs. Moore of the 20th, Barber of the 24th, Peterson of the 59th, Thompson of the lllth and Alexander of the 133rd: A Bill to be entitled an Act to be known and may be cited as "The Teacher Tenure Act"; and for other purposes. Referred to the Commitee on Education. HB 122. By Messrs. Oglesby and Russell of the 92nd: A Bill to be entitled an Act to amend an Act establishing a system of public schools in the City of Thomasville, so as to increase the maximum tax rate which may be levied for the maintenance and operation; and for other purposes. Referred to the Committee on Local Affairs. HB 123. By Messrs. Barfield and Bennett of the 95th, Oglesby and Russell of the 92nd and Lee of the 79th: 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 all products known or sold as gasoline, and all other products used as a fuel for motor vehicles on the public highways, and all other liquid petroleum products which are susceptible of use as a fuel for motor vehicles, including kerosene; and for other purposes. Referred to the Committee on Ways and Means. 186 JOURNAL OF THE HOUSE, HB 124. By Messrs. Barfield and Bennett of the 95th, Oglesby and Russell of the 92nd and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "MotorFuel 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 125. By Messrs. McClatchey of the 138th, Adams of the 125th, Dillon of the 128th, Daugherty of the 134th, Carnes of the 129th and Lambros of the 130th: A Bill to be entitled an Act to amend Code Section 59-202 which relates to the number of Grand Jurors by changing the minimum number of Grand Jurors; and for other purposes. Referred to the Committee on Special Judiciary. HB 126. By Messrs. Harris of the 85th, Walling and Harris of the 118th: A Bill to be entitled an Act to amend an Act providing for the service of process upon non-residents operating motor vehicles in this State, so as to provide for a different method of determining the time when service has been perfected; and for other purposes. Referred to the Committee on Judiciary. HB 127. By Messrs. Holder of the 70th, Savage of the 58th, Moreland of the 28th Smith of the 3rd and Johnson of the 25th: 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 remove requirements that medical interns be licensed; and for other purposes. Referred to the Committee on Hygiene and Sanitation. HB 128. By Messrs. Leonard, Cole and Smith of the 3rd: A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Eton in the County of Murray, so as to change the terms of office of the mayor and aldermen; and for other purposes. Referred to the Committee on Local Affairs. HB 129. By Messrs. Northcutt, Lee and Gary of the 35th: A Bill to be entitled an Act to amend an Act creating and incorporating the City of Mountain View, so as to prescribe and define the corporate limits thereof; and for other purposes. Referred to the Committee on Local Affairs. FRIDAY, JANUARY 20, 1967 187 HB 130. By Messrs. Dillon of the 128th, Steis of the 100th, McClatchey of the 138th, Adams of the 125th, Games of the 129th and others: A Bill to be entitled an Act to provide for the defense of indigents; to provide for a short title; to authorize the establishment of the Office of Public Defender; and for other purposes. Referred to the Committee on Special Judiciary. HB 131. By Messrs. Walling and Farrar of the 118th, and Jenkins of the 119th: A Bill to be entitled an Act to provide for a county board of elections in each county having a population of not less than 250,000 and not more than 500,000; and for other purposes. Referred to the Committee on Local Affairs. HR 41-131. By Messrs. Henderson and Wilson of the 102nd, McDaniell of the 101st and Cooper of the 103rd: A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to exercise the power of taxation for school lunch purposes; and for other purposes. Referred to the Committee on Special Judiciary. HR 42-131. By Messrs. Dickinson of the 27th, Conner of the 91st, Leggett of the 21st, Lowrey of the 13th, Lambros of the 130th and others: A Resolution proposing an amendment to the Constitution, so as to allow a governor to succeed himself; and for other purposes. Referred to the Committee on State of Republic. HR 43-131. By Mr. Howard of the 101th: A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Cobb County; and for other purposes. Referred to the Committee on Special Judiciary. HR 44-131. By Messrs. McMCracken of the 49th, Sherman of the 105th, Jones of the 112th, Shields of the lllth and others: A Resolution creating the Rivers and Harbors Development Commission of the State of Georgia; and for other purposes. Referred to the Committee on Industry. 188 JOURNAL OF THE HOUSE, HB 132. By Messrs. Dean of the 20th, Steis of the 100th, Stalnaker of the 59th, Dollar of the 89th, Ware of the 42nd and Gay of the 60th: A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", so as to provide that the Adjutant General shall receive the same pay and allowances of a Major General as now or hereafter provided by law for an officer of equivalent rank in the regular armed forces of the United States; and for other purposes. Referred to the Committee on State of Republic. HR 45-132. By Mr. Irvin of the llth: A Resolution to compensate Billy E. Turpin; and for other purposes. Referred to the Committee on Appropriations. HR 46-132. By Mr. Irvin of the llth: A Resolution to compensate Mr. C. E. Gabrels, Jr.,; and for other purposes. Referred to the Committee on Appropriations. HR 47-132. By Mr. Irvin of the llth: A Resolution to compensate Larry Paul Jones; and for other purposes. Referred to the Committee on Appropriations. HR 48-132. By Mr. Irvin of the llth: A Resolution to compensate Herman Edward Dykes; and for other purposes. Referred to the Committee on Appropriations. HB 133. By Messrs. Cole, Smith and Leonard of the 3rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dalton, so as to provide for a term of office of four years for the Mayor, the Councilmen from the first, second, third, and fourth wards; and for other purposes. Referred to the Committee on Local Affairs. HR 49-133. By Messrs. Magoon of the 19th and Doster of the 73rd: A Resolution proposing an amendment to the Constitution to create the State Game and Fish Department and provide for a Director of said Department who shall be elected at the same time and in the same manner as the Governor; and for other purposes. Referred to the Committee on Game and Fish. FRIDAY, JANUARY 20, 1967 189 By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 88. By Messrs. Bostick of the 93rd, Bennett of the 95th, Smith of the 44th, Brantley of the 63rd, Ballard of the 37th, Nimmer of the 84th, Clarke of the 29th, Moore of the 20th and Bowen of the 69th: A Bill to be entitled an Act to provide for the taxation of all motor vehicles; and for other purposes. HB 89. By Messrs. Gignilliat and Berry of the 113th, Tye and Whaley of the 115th, Smith and Gaynor of the 114th and Richardson of the 116th: A Bill to be entitled an Act to provide for alternative times for making tax returns; and for other purposes. HB 90. By Messrs. Bostick of the 93rd, Bennett of the 95th, Smith of the 44th, Brantley of the 63rd and others: A Bill to be entitled an Act to amend an Act pertaining to the registra tion and licensing of motor vehicles in the counties in the State, so as to provide for a procedure for the issuance of license plates; and for other purposes. HB 91. By Messrs. Bostick of the 93rd, Bennett of the 95th, Smith of the 44th, Brantley of the 63rd and others: A Bill to be entitled an Act to provide that motor vehicles shall be taxed in the same manner as all other tangible property owned in this State; and for other purposes. HB 92. By Mr. Harrison of the 98th: A Bill to be entitled an Act to amend an Act amending the several Acts incorporating the City of St. Marys in the County of Camden, so as to provide for council posts; and for other purposes. HB 93. By Mr. Harrison of the 98th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Charlton County known as the fee system; and for other purposes. HB 94. By Messrs. Pickard of the 112th and Farrar of the 118th: A Bill to be entitled an Act to amend an Act establishing the Teacher's Retirement System, so as to provide for an additional member of the Board of Trustees of the System; and for other purposes. 190 JOURNAL OF THE HOUSE, HB 95. By Messrs. Starnes, Lowrey and Minge of the 13th: A Bill to be entitled an Act to amend the Charter of the City of Rome by striking the year "1965" as it appears in Line 5, page 2376 of 1966 Georgia Laws, and substituting therefor the year "1968"; and for other purposes. HB 96. By Mr. Johnson of the 25th: A Bill to be entitled an Act to amend an Act entitled "An Act to provide a board of commissioners for the County of Elbert", so as to provide for the filling of vacancies in the office of Chairman; and for other purposes. HB 97. By Mr. Doster of the 73rd: A Bill to be entitled an Act to amend an Act creating the office of commissioner of roads and revenues for Telfair County, so as to provide that the February term of the grand jury of the Telfair Superior Court shall select the Auditor of the books and records of Telfair County; and for other purposes. HB 98. By Messrs Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to amend an Act creating a charter for the City of Carrollton, so as to change the rate of taxation for school purposes in and for said City; and for other purposes. HB 99. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to amend an Act entitled "Carrollton ad valorem tax rate", so as to change the limit of the ad valorem tax rate on all real and personal property within the corporate limits of said City; and for other purposes. HB 100. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to amend an Act creating the Office of Commissioners of Roads and Revenues for Carroll County, so as to change the compensation of the clerk of the County Commissioner; and for other purposes. HB 101. By Messrs. Lane of the 126th, Cook, Turner and Gates of the 123rd, and Hill of the 121st: A Bill to be entitled an Act establishing a new charter for the City of East Point in Fulton County relating to elections and primaries for members of the City Council; and for other purposes. FRIDAY, JANUARY 20, 1967 191 HB 102. By Messrs. Lane of the 126th, Cook, Turner and Gates of the 123rd, and Hill of the 121st: A Bill to be entitled an Act establishing a new charter for the City of East Point in Fulton County relating to the power and authority of the Governing Authority; and for other purposes. HB 103. By Messrs. Lane of the 126th, Cook, Turner and Gates of the 123rd, and Hill of the 121: A Bill to be entitled an Act to grant to the incorporated municipalities of this State located within any county 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. HB 104. By Messrs. Pickard, Jones and Buck of the 112th, Thompson and Berry of the 110th, Shields and Thompson of the lllth: A Bill to be entitled an Act to amend Code Section 21-105 relating to fees paid to coroners in certain counties, so as to provide that in such counties the annual salary shall be $4,200.00 to be paid in equal monthly installments; and for other purposes. HR 35-104. By Messrs. Bostick of the 93rd, Bennett of the 95th, Smith of the 44th, Brantley of the 63rd and others: A Resolution proposing an amendment to the Constitution so as to provide that motor vehicles shall be subject to only one form of taxation, which shall be a license tax, and shall be exempt from any other form of taxation; and for other purposes. HR 36-104. By Messrs. Moore of the 20th and Starnes of the 13th: A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide for the exemption from any ad valorem taxation all personal clothing and all personal clothing and effects, household furniture, furnishings, equipment and other per sonal property used within the home, and not held for sale, or other commercial use, except motor vehicles; and for other purposes. HB 105. By Messrs. Snow of the 1st, McClatchey of the 138th and Sullivan of the 95th: A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for an increase in said tax from 3% to 4%; and for other purposes. 192 JOURNAL OF THE HOUSE, HB 106. By Messrs. Snow of the 1st, Williams of the 16th, Lee of the 79th, McClatchey of the 138th, Wilson of the 109th and others: A Bill to be entitled an Act to create a State Planning and Programming Bureau; and for other purposes. HR 37-106. By Mr. Lovell of the 6th: A Resolution authorizing the execution of an agreement under which certain persons will be entitled to obtain water from Black Rock Moun tain State Park; and for other purposes . HR 38-106. By Messrs. Snow of the 1st, McClatchey of the 138th and Sullivan of the 95th: A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to impose a tax and to make allocation and distribution of State funds to counties, municipalities, and any local unit of school administration; and for other purposes. HB 107. By Messrs. Smith of the 3rd, Holder of the 70th and Savage of the 58th: A Bill to be entitled an Act to define and classify information con tained in medical records; to permit disclosure of information in medical records under certain circumstances, and to provide for immunity from liability for disclosure of information in medical records where so per mitted; and for other purposes. HB 108. By Mr. Lambros of the 130th: A Bill to be entitled an Act to be known as the "Georgia Home Improve ment Act"; and for other purposes. HB 109. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 102-102, relating to general rules of construction for statutes, so as to provide for additional time within which to complete certain actions when the final date for completing such action shall fall on a public or legal holiday; and for other purposes. HR 39-109. By Mr. Harris of the 118th: A Resolution compensating Mr. James R. Everett; and for other purposes. HB 110. By Messrs. Johnson of the 40th, Adams of the 125th, Snow of the 1st, Vaughan of the 14th, Hood of the 124th, Harris of the 14th and Lovell of the 6th: A Bill to be entitled an Act to amend an Act creating a State Board of FRIDAY, JANUARY 20, 1967 193 Registration for used car dealers, so as to change the membership of said Board and the appointments thereto; and for other purposes. HB 111. By Messrs. Dixon and Sweat of the 83rd: A Bill to be entitled an Act to provide for the establishment of a divi sion in the Department of Labor to be known as the "Safety Division"; and for other purposes. Mr. Barker of the 24th 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 House and has instructed me as Chairman, to report the same back to the House with the following recommendation: HB 60. Do Pass. Respectfully submitted, Barber of the 24th District, 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 has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 43. Do Pass. HB 44. Do Pass. HB 109. Do Pass. Respectfully submitted, Harris of 118th District, Chairman. Mr. Clarke of 45th 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 194 JOURNAL OP THE HOUSE, Bills and Resolutions of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 97. Do Pass. HB 93. Do Pass. HB 92. Do Pass. HB 100. Do Pass. HB 73. Do Pass. HB 96. Do Pass. HB 98. Do Pass. HB 99. Do Pass. HB 95. Do Pass. HR 29-79. Do Pass. Respectfully submitted, Clarke of 45th District, Chairman. Mr. McCracken of the 49th 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 of the House & Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations: SB 13. Do Pass. HB 70. Do Pass. Respectfully submitted, McCracken of 49th District, Chairman. Mr. Wells of 30th District, Chairman of the Committee on Welfare, submit ted 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 72. Do Pass. Respectfully submitted, Wells of 30th District, Chairman. FRIDAY, JANUARY 20, 1967 195 Mr. Barber of the 24th asked unanimous consent that the following Bill of the House be recommitted to the Committee on Education for further study: HB 60. By Messrs. Barber of the 24th and Matthews of the 29th: A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools approved March 19, 1943, as amended, so as to provide that certain members who have attained age 65 and who have completed 40 years or more of creditable service and who continue in service may continue to make contributions under certain conditions; and for other purposes. The consent was granted, and HB 60 was ordered recommitted. Under the general order of business, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: HB 70. By Messrs. Harris of the 118th and Johnson of the 25th: A Bill to be entitled an Act to amend Code Section 88-112 of the Code of Georgia, so as to establish the salary of the Director of the State Department of Public Health; and for other purposes. The report 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 11. By Messrs. Richardson of the 116th, Wells of the 30th; Gaynor and Smith of the 114th: A Bill to be entitled an Act to amend an Act to revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933, so as to provide for the service of the petition and order for adoption upon non-residents and of those parties whose addresses are unknown; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was passed. 196 JOURNAL OF THE HOUSE, HB 72. By Mrs. Merritt of the 68th: A Bill to be entitled an Act to amend Code Title 53, known as "Husband and Wife", as amended, so as to define those persons eligible to give parental consent for underage marriage applicants; to provide that licensed attending physicians from sister states shall be eligible to give the affidavits required in this chapter; 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 122, nays 0. The Bill, having received the requisite constitutional majority, was passed. HE 28-79. By Messrs. Matthews and Fallin of the 94th, Barber of the 24th, Peterson of the 59th and many others: 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: 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 branchs 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: FRIDAY, JANUARY 20, 1967 197 "YES ( ) Shall the Constitution be amended so as to authorize the expenditure of State funds for school lunch NO ( ) 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. 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 Ballard Barber Barfield Battle Bennett Berry, J. K. Black Blalock Bond Bostick Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Cook Cooper, B. Cox Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grier Hadaway Hale Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howell Hutchinson Irvin Jenkins Johnson, A. S. Johnson, B. 198 Joiner Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miller Minge JOURNAL OF THE HOUSE, Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Peterson Phillips Poss Potts Rainey Reaves Richardson Roach Rowland Rush Russell Scarlett Shanahan Sherman Shields Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood Those not voting were Messrs.: Berry, C. E. Bowen Conner Cooper, J. R. Crowe, W. J. Dorminy Doster Grahl Howard Jones, C. M. Jordan, W. H. McCracken Moreland Parrish Pickard Ragland Ross Savage Simmons Snow Walling Wells Mr. Speaker On the adoption of the Resolution, the ayes were 181, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. FRIDAY, JANUARY 20, 1967 199 Messrs. Melton of the 34th and Walling of the 118th 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 HR 28-79. SB 13. By Senator Rowan of the 8th: A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to change the qualifications of the Director; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 113, nays 15. The Bill, having received the requisite constitutional majority, was passed. The following Resolutions of the House and Senate were adopted: HR 53. By Messrs. Smith of the 54th and Busbee of the 79th: A RESOLUTION Relative to adjournment of the General Assembly; and for other purposes. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the House and the Senate adjourn at 10:45 o'clock A.M., Friday, January 20, 1967, and reconvene at 10:00 o'clock A.M., Monday, February 13, 1967. HR 54. By Mr. Magoon of the 19th: A RESOLUTION Expressing regrets at the passing of Miss Jacquelyn Harris; and for other purposes. WHEREAS, Miss Jacquelyn Harris of Hart County passed away on December 23, 1966; and WHEREAS, Miss Harris was an outstanding citizen of Hart County and a dedicated employee of the Hart County Department of Family and Children Services for many years; and WHEREAS, Miss Harris served as a caseworker for said Depart ment of Family and Children Services from 1953 until she passed away; and 200 JOURNAL OF THE HOUSE, WHEREAS, in that capacity, Miss Harris came to be well known and loved and respected by the citizens of said county; and WHEREAS, Miss Harris will be sorely missed by her many friends in Hart County and the surrounding area; and WHEREAS, her unselfish dedication to the happiness and welfare of the many people she helped and served over the years provides an outstanding example for others to follow in serving their fellowman. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its sincerest regrets at the passing of Miss Jacquelyn Harris of Hart County, Georgia. 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 Director of the Hart County Department of Family and Children Services, to be presented to the family of Miss Jacquelyn Harris by said Director. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives shall transmit another appropriate copy of said Reso lution to the Hart County Department of Family and Children Services. HR 55. By Messrs. Brown and Melton of the 34th: A RESOLUTION Supporting the United States policy of aiding all of the free peoples of the world in the fight against Communist aggression; and for other purposes. WHEREAS, the United States of America is a Nation which was created because of self-determination and the right of all free men to remain free from oppression; and WHEREAS, the United States firmly believes in this philosophy and throughout the years has always assisted freedom-loving peoples in the fight against aggression and oppression wherever dictators and aggressors have attempted to snuff out the light of freedom; and WHEREAS, the United States of America has once again joined hands with its allies in coming to the aid of the freedom-loving people of South Viet Nam in their fight against the communist invaders from North Viet Nam who threaten the peace, security and right of the South Vietnamese to remain free from oppression; and WHEREAS, once again this aid has resulted in the spilling of American blood because the United States bears witness to the philoso phy it espouses: that its ideals and virtues have definitive meaning worthy of the supreme sacrifice which at times is necessitated. FRIDAY, JANUARY 20, 1967 201 NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body wishes to express its gratitude and appreciation to the valiant military forces of the United States and its allies for their deep and sincere conviction of responsibility to our country and freedom: military forces which possess the seeds of great ness and which give of themselves unswervingly in the fight to protect our freedoms and to keep our vast legacies vibrant and intact. BE IT FURTHER RESOLVED that this body proclaims its loyalty and support of the Armed Forces of the United States and its allies as they fight on the seas, in the skies and in the jungles of Viet Nam in the cause of freedom and peace. HR 56. By Mr. Potts of the 33rd: A RESOLUTION Relative to the University of Georgia football team; and for other purposes. WHEREAS, the University of Georgia "Bulldogs" have just ex perienced one of their most successful football seasons, having won nine games and lost one by only one point during the regular season; and WHEREAS, following their regular season, the "Bulldogs" played Southern Methodist University in the Cotton Bowl before a nation-wide television audience, and gained an impressive victory therein; and WHEREAS, due to the outstanding accomplishments, the fine com petitive spirit and sportsmanlike conduct of the individual members of this fine team, the nation's attention was focused upon this distinguished, higher educational institution; and WHEREAS, it is only befitting and proper that this body recognize the outstanding ability and accomplishments of this fine athletic team. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby express to each individual member of the 1966 University of Georgia football team their sincerest appreciation for their outstanding accomplishments rendered while they were a representative of the State of Georgia. BE IT FURTHER RESOLVED that the heartiest congratulations are hereby extended to Coach Vince Dooley and the outstanding mem bers of his coaching staff for their magnificent job of coaching and guiding this team to an impressive Southeastern Conference CoChampionship. SR 12. By Senators Broun of the 46th, Smalley of the 28th, Hill of the 29th, Moore of the 31st and others: A RESOLUTION Commending Coach Vince Dooley, his staff and the University of Georgia Football Team; and for other purposes. 202 JOURNAL OF THE HOUSE, WHEREAS, Coach Vince Dooley, head football coach at the University of Georgia, has achieved an outstanding and unsurpassed record in his first three years as a head coach; and WHEREAS, during his first season, the "Bulldogs" were Sun Bowl Champions; and in his second year, Georgia defeated the nation's number one team, Alabama, and the Gator Bowl Champions, Georgia Tech; and WHEREAS, the "Bulldogs" have just completed one of the most successful seasons in the history of the University with a 9-1 record in regular season play, plus a most convincing victory over Southern Methodist in the Cotton Bowl; and WHEREAS, Athletic Director Joel Eaves, the assistant coaches and the other staff members of the Athletic Department contributed immeasurably to the success of the Team; and WHEREAS, the coaches and the players have focused the nation's attention upon the University and the entire State of Georgia, bringing great credit, not only to the Team, but to the University and to the State as a whole. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincerest congratulations are hereby extended to Coach Vince Dooley, to the staff of the Athletic Department of the University of Georgia and to each individual member of the University of Georgia Football Team, for the outstanding record achieved, not only during the 1966 Season, but, during the three years since Coach Dooley and Athletic Director Eaves, have been at the University. The members of this Body hereby commend the coaches and players for their sportsmanlike conduct and their actions which have brought credit to them, the University and the State of Georgia. BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a suitable copy of this Resolution to each of the above persons, to each member of the Board of Regents, to the Chancellor of the University System and to the President of the University of Georgia. HR 57. By Messrs. Vaughn, Palmer, Malone and Smith of the 117th; Harris, Farrar, Walling and Levitas of the 118th; Davis, Jenkins, Westlake and Higginbotham of the 119th: A RESOLUTION Commending a Citizens Advisory Committee on Election Pro cedures; and for other purposes. WHEREAS, a Citizens Advisory Committee on Election Procedures was created by the legislative delegation of DeKalb County for the purpose of conducting a comprehensive review and evaluation of elec tion procedures and administration; and FRIDAY, JANUARY 20, 1967 203 WHEREAS, Dr. Robert L. Jones, chairman, and Mrs. Neil C. Moran, and Messrs. Tom Davidson, Ben H. Dillard and John Pinchback, mem bers of the committee, have served without compensation and have devoted many hours to the purposes of the committee and have rendered a valuable service to this delegation and the people of DeKalb County and WHEREAS, the members of such committee have reported on the results of their efforts and have recommended a number of improve ments which might be made in the interest of achieving the efficient and orderly conduct of elections in DeKalb County. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES and particularly the DeKalb County legislative delegation that this body does commend and express its appreciation to the members of the committee for the service rendered to this dele gation and to the people of DeKalb County. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the members of said committee. HR 58. By Messrs. Brown of the 135th and Bond of the 136th: A RESOLUTION Relative to National Negro History Week; and for other purposes. WHEREAS, the week of February 12-18 has been designated as National Negro History Week; and WHEREAS, the citizens of the United States have been called upon to focus their attention upon the many accomplishments and con tributions which the members of the Negro race have made to this country; and WHEREAS, during this week it is only befitting and proper that the citizens of this State reflect upon the contributions which have been made to our State by the many fine, outstanding Negro citizens; and WHEREAS, it is desirable that the achievements of the Negro be recognized and lauded; and WHEREAS, it is the hope that the Negro citizens of this State will continue to enhance the progress and great strides which this State is making in its industrial and educational development. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does call upon all of the citizens of the State of Georgia to reflect upon the outstanding achievements and many contributions which have been made to our state's and nation's progress by the Negro citizens of this State and nation. 204 JOURNAL OP THE HOUSE, HR 59. By Mrs. Hamilton of the 137th; Messrs. Cook of the 123rd, Holder of the 70th and Thompson of the 110th: A RESOLUTION Urging that venereal disease education be offered in the public schools of this State; and for other purposes. WHEREAS, venereal disease education is being offered in relatively few school systems of this State, and when offered it is often taught in a haphazard and ineffective manner; and WHEREAS, experts in venereal disease control are convinced that education in this field is of the utmost importance in reducing the inci dence of venereal disease, and their opinions are based on facts such as the following, which is only one of many possible examples: In the Los Angeles County School System in California a course in venereal disease instruction has been offered for the past three years, with the result that while the national rate for infectious syphilis rose from 1964 to 1965, the teen-age rate in Los Angeles dropped by almost one-third. Since 1963, when the courses began, infectious syphillis among teen-agers in Los Angeles has plummeted by 58%. WHEREAS, the greatest single problem in venereal disease control consists in finding undiscovered and untreated cases; and WHEREAS, systematic venereal disease education is the most effective tool available for conquering the problem of undiscovered and untreated cases; and WHEREAS, venereal diseases cause many deaths, untold human suffering and place a substantial economic burden on society; and WHEREAS, statistics show that the incidence of venereal disease has been increasing in recent years, particularly among teen-agers; and WHEREAS, instruction in venereal diseases could be included in other courses dealing in public health, particularly in the area of com municable diseases; and WHEREAS, excellent teaching materials and textbooks are now available to aid in venereal disease education. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that the State Board of Education, the State Department of Education, and the various county and independent boards of education study and determine the steps necessary and de sirable to offer instruction in venereal diseases by the public school systems of this State. BE IT FURTHER RESOLVED that the State Superintendent of Schools is hereby authorized and directed to have sufficient copies of this resolution printed for distribution to all county and independent boards of education. FRIDAY, JANUARY 20, 1967 205 BE IT FURTHER RESOLVED that the State Board of Education submit a report to the 1968 Session of the General Assembly setting forth the results of the studies made and its recommendations concern ing venereal disease education in the public schools. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to the Chairman of the State Board of Education and to the State Superintendent of Schools. The following Resolution of the House was read and referred to the Com mittee on Rules: HR 60. By Messrs. Thomas of the 77th, Lovell of the 6th, Lambert of the 38th and others: A RESOLUTION Creating a committee to study the advisability and feasibility of constructing a legislative building; and for other purposes. WHEREAS, the facilities for the Legislative Branch of the Govern ment are woefully inadequate, and the need for additional office space, committee rooms, other facilities, and staff has never been more evident than at this 1967 session of the General Assembly; and WHEREAS, one of the greatest needs of the General Assembly, its committees, and its individual members is an adequate staff including professional, technical, secretarial and other personnel, but it is im possible to employ additional staff members due to lack of space; and WHEREAS, the Legislative Compensation Study Committee, which was composed of outstanding private citizens of the State of Georgia, in its report issued in December, 1965, recommended that immediate steps be taken to provide additional office and committee space for members of the General Assembly; and WHEREAS, the Citizens' Conference on State Legislatures, which is a national nonpartisan, nonprofit organization dedicated to the im provement of state legislatures, has recommended that adequate facili ties, offices, and staff be provided for state legislatures; and WHEREAS, the Committee on Legislative Process and Procedures and the Committee on Organization of Legislative Services, both of which are committees of the National Legislative Conference, have also recommended that in order for state legislatures to function properly, it is imperative that they be provided with proper facilities and staff; and WHEREAS, the National Conference of State Legislative Leaders, of which our distinguished Speaker of the House of Representatives, Honorable Geo. L. Smith II, is Past President, has made a series of 206 JOURNAL OF THE HOUSE, recommendations including ones similar to those listed above from other outstanding organizations; and WHEREAS, there is a movement over the entire country to provide strengthened state legislatures in order that the states might once again assume their proper place in our system of government; and WHEREAS, no legislature can function properly without adequate facilities, adequate staff, and other aids conductive to effective and efficient legislative procedures; and WHEREAS, an increasing number of states are constructing legis lative buildings devoted exclusively to the legislative branch of the government, among such states being North Carolina which has already completed a magnificent new building for its General Assembly, and Florida which is in the process of contracting for the construction of a new legislative building. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the State Legislative Building Study Committee to be composed of five members of the House, appointed by the Speaker, for the purpose of studying the advisability and feasibility of constructing a new legislative building for the General Assembly of Georgia. This committee shall work with a similar Senate committee. The committee shall begin its study during this session of the General Assembly, and may present a preliminary or final report prior to the end of this session. If the committee cannot com plete its study prior to the end of the 1967 session, it shall continue its study and make a report on or before December 1, 1967, on which date it shall stand abolished. During such period of time as the General Assembly is not in session the members shall receive the expense, travel and mileage allowances authorized by law for members of interim legislative committees. The Speaker shall appoint the members of this Committee prior to the interim period between the first and second portions of the 1967 session in order that the committee can utilize that three-weeks period for its study. Funds necessary to carry out the provisions of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of Government. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted the following Resolution of the House to wit: HR 53. By Messrs. Smith of the 54th and Busbee of the 79th: A Resolution relative to adjournment of the General Assembly; and for other purposes. FRIDAY, JANUARY 20, 1967 207 The Senate has passed by the requisite constitutional majority the following Bill of the House to wit: HB 34. By Messrs. Chandler and Harrington of the 47th: A Bill to be entitled an Act to place the Ordinary of Baldwin County upon an annual salary in lieu of the fee system of compensation and for other purposes. The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House, to-wit: HB 1. By Mr. Hall of the 67th: A Bill to be entitled an Act to amend an Act consolidating the offices and duties of Tax Receiver and Tax Commissioner of Terrell County into the single office of Tax Commissioner; and for other purposes. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1. By Mr. Hall of the 67th: A Bill to be entitled an Act to amend an Act consolidating the offices and duties of Tax Receiver and Tax Commissioner of Terrell County into the single office of Tax Commissioner; and for other purposes. Mr. Hall of the 67th moved that the House agree to the Senate substitute. On the motion, the ayes were 108, nays 0. The motion prevailed, and the Senate substitute to HB 1 was agreed to. Pursuant to HR 53, the Speaker announced the House adjourned until 10:00 o'clock Monday morning, February 13, 1967. 208 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Monday, February 13, 1967 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. Asa G. Dorsey, Pastor Congrega tional Holiness Church, Gainesville, Georgia: Our Father and our God, we come to Thee today in the name of Jesus Christ, Thy Son and our wonderful Lord and Savior. We are grateful to Thee for inviting us to bring our burdens and our cares and cast them all upon Your broad and never drooping shoulders, knowing that You do indeed care for us; and though we be such finite and helpless creatures, Thou art ever mindful of us and our needs. We humbly thank Thee for Thy abundant love and Thy tender and kind forgiveness and Thy amazing grace and Thy wonderful and all sufficient power. I pray that You may be pleased, Dear Heavenly Father, to look upon this august body in the sweetness of Thy mercy and grant to each and every member of this House of Representatives of this state that Thou has given us a renewed dedication and a deep knowledge of the fact that if he would make a good record for himself and this state that there are at least four things that he must learn to do; that is: to think without confusion, clearly, and to love his fellowmen sincerely, to act from honest motives, purely, and to trust in God and Heaven securely. Bless, I pray, the Speaker for this house that he may by his humble submission to Thee be given help of Thee to guide this house discretely in the many and so great decisions of this session. Bless, I pray, the Clerk of this house and may he through his desire for Thy help be given strength to make him equal to his great task. I pray Thy blessings, oh God, to be upon the Governor of this great state that as in ages past You have given wisdom to men who placed their faith and trust in Thee that he too by trusting in Thee may be given unusual wisdom and knowledge to go in and out before this Thy so great a people with the grace and dignity that will make this state a better place for all to live. Heavenly Father, I pray Thy blessings to be upon our men in the armed forces while some of them are fighting and dying for us and the liberty of all men. We pray for them that Thou will bless and keep them. Heavenly Father, give each of us the courage and the will to uphold those great principles for which they are fighting and dying. We humbly pray in Jesus' name. Amen. The roll was called and the following Representatives answered to their names: Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. MONDAY, FEBRUARY 13, 1967 209 Berry, J. K. Black Blaloek Bond Bostick Bo wen Branch Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Cook Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Grier Hadaway Hale Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Irvin Jenkins Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Minge Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Savage Scarlett Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thomas 210 Thompson, A. W. Threadgill Townsend Tucker Turner Tye Underwood Vaughan, D. N. JOURNAL OF THE HOUSE, Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood 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. 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' 134. By Messrs. Palmer and Malone of the 117th, Harris and Levitas of the 118th, Smith of the 114th and Collins of the 88th: A Bill to be entitled an Act to amend an Act entitled the "Georgia Election Code", so as to prohibit voting of a straight party ticket in any general election; and for other purposes. Referred to the Committee on State of Republic. HR 50-134. By Mr. Land of the 53rd: A Resolution compensating William Harvey Arnold; and for other purposes. Referred to the Committee on Appropriations. MONDAY, FEBRUARY 13, 1967 211 HR 51-134. By Mr. Blalock of the 33rd: A Resolution authorizing and directing the State Revenue Department to refund a sales tax payment to Seaboard Construction Company; and for other purposes. Referred to the Committee on Ways and Means. HR 52-134. By Mr. Lambros of the 130th: A Resolution authorizing and directing the State Librarian to furnish certain volumes of the Georgia Supreme Court Reports to the Judges of the Superior Court of the Atlanta Judicial Circuit; and for other purposes. Referred to the Committee on Appropriations. HB 135. By Mr. Lovell of the 6th: A Bill to be entitled an Act to repeal an Act providing that the clerk of the superior court shall attend the trial in the court of ordinary of all cases for violation of all traffic laws in certain counties; and for other purposes. Referred to the Committee on Local Affairs. HB 136. By Mr. Henderson of the 102nd: A Bill to be entitled an Act to prohibit the importation into this State and sale of two-ply, pneumatic, motor vehicle tires; and for other purposes. Referred to the Committee on Motor Vehicles. HB 137. By Messrs. Williams of the 16th, Johnson of the 40th, Anderson of the 71st: 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 ma terial 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 138. By Messrs. Williams of the 16th and Johnson of the 40th: A Bill to be entitled an Act to provide for the use of speed detection devices by counties and municipalities; and for other purposes. Referred to the Committee on Motor Vehicles. 212 JOURNAL OP THE HOUSE, HB 139. By Messrs. Williams of the 16th and Johnson of the 40th: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, 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 140. By Messrs. Williams of the 16th and Johnson of the 40th: 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 part of the curriculum of all public high schools in this State by the 1968-69 school year; and for other purposes. Referred to the Committee on Education. HR 61-140. By Mr. Rush of the 75th: A Resolution compensating Joe Collins, and for other purposes. Referred to the Committee on Appropriations. HR 62-140. By Mr. Rush of the 75th: A Resolution compensating Mrs. P. R. Collins, and for other purposes. Referred to the Committee on Appropriations. HB 141. By Mr. Steis of the 100th: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Hamilton, so as to change the compensation of the mayor and councilmen; and for other purposes. Referred to the Committee on Local Affairs. HR 63-141. By Mr. Hood of the 124th: A Resolution creating an interim committee to study all matters relating to motor vehicles and the desirability of creating a State Department of Motor Vehicles; and for other purposes. Referred to the Committee on Rules. HR 64-141. By Mr. Grahl of the 52nd: A Resolution compensating Mr. Berry Yaughn; and for other purposes. Referred to the Committee on Appropriations. MONDAY, FEBRUARY 13, 1967 213 HR 65-141. By Mr. Grahl of the 52nd: A Resolution compensating Mrs. Ethel Roberts (Berry) Yaughn; and for other purposes. Referred to the Committee on Appropriations. HB 142. 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 Byron, so as to change the method of electing the mayor and aldermen; and for other purposes. Referred to the Committee on Local Affairs. HB 143. 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 provide for an allowance for uniforms; and for other purposes. Referred to the Committee on Local Affairs. HB 144. By Mr. Matthews of the 29th: A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways", so as to provide that it shall not be an offense to drive upon the left side of a roadway within 100 feet of a traversing intersection or railroad crossing unless signs are installed notifying the driver of the presence of such intersection if such intersection is located outside the corporate limits of a municipality; and for other purposes. Referred to the Committee on Motor Vehicles. HB 145. By Mr. Lambros of the 130th: 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 grant 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 146. By Mr. Lambros of the 130th: A Bill to be entitled an Act to amend Code Section 30-102, which Sec tion relates to the grounds for the granting of a total divorce, by amending Subsection 11 thereof, relating to an incurable insanity as grounds for divorce; and for other purposes. Referred to the Committee on Special Judiciary. 214 JOURNAL OF THE HOUSE, HB 147. By Mr. Lambros of the 130th: A Bill to be entitled an Act to amend Chapter 81-2 of the Code of Georgia of 1933, by adding 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 two years by creating a presumption that he is a non-resident of the State of Georgia and serving him as a non-resident; and for other purposes. Referred to the Committee on Special Judiciary. HB 148. By Mr. Lambros of the 130th: A Bill to be entitled an Act to amend Section 30-105 of the Georgia Code of 1933, so as to provide the information that must be contained in the petition, and to remove the necessity of pleading the facts upon which the grounds of divorce are predicated unless the respondent shall within 30 days from the date of service upon the respondent make a written demand for a statement of the facts upon which the grounds are predicated; for other purposes. Referred to the Committee on Special Judiciary. HB 149. By Mr. Lambros of the 130th: A Bill to be entitled an Act to amend Code Section 30-202, so as to provide that in all cases when an application for temporary alimony is made, in which the wife shall state that she or a minor child or children or both are wholly dependent on the husband or father for support, the presiding judge shall set the application for hearing not less than 30 days from the date the same is presented; and for other purposes. Referred to the Committee on Special Judiciary. HB 150. By Mr. Lambros of the 130th: A Bill to be entitled an Act to amend an Act established a municipal court of Atlanta (now the Civil Court of Fulton County), so as to provide that the compensation of the marshal and clerk of said court shall be set by the county commission; and for other purposes. Referred to the Committee on Local Affairs. HB 151. By Mr. Lambros of the 130th: A Bill to be entitled an Act to amend Chapter 30-2 of the Code, relating to alimony, so as to provide that a grant of attorney's fees at any time during the pendency of a divorce action or alimony shall be a final judgment as to the amount granted; and for other purposes. Referred to the Committee on Special Judiciary. MONDAY, FEBRUARY 13, 1967 215 HB 152. By Mr. Lambros of the 130th: A Bill to be entitled an Act to amend an Act relating to the classification of property for taxation, so as to provide that the minimum assessment for intangible tax of a taxpayer shall be the sum of One Dollar; and for other purposes. Referred to the Committee on Ways and Means. HB 153. By Mr. Lambros of the 130th: A Bill to be entitled an Act to amend Code Section 24-3410 of the Code of Georgia, relating to how costs are taxed when a case is disposed of, so as to provide that the pay of any jurors rendering a verdict in such case, shall be included in the bill of costs of such case, and shown as an item of costs therein; and for other purposes. HR 66-153 By Mr. Lambros of the 130th: A Resolution proposing an amendment to the Constitution so as to authorize Fulton County to indemnify the Tax Commissioner and his bondsman against loss through the acceptance of uncertified checks for automobile license tags, where such checks are returned as un collectible for any reason; and for other purposes. Referred to the Committee on Special Judiciary. HR 67-153 By Mr. Lambros of the 130th: A Resolution proposing an amendment to the Constitution so as to provide a direct method of appeal and review of errors from the Criminal Court of Fulton County to the Supreme Court and Court of Appeals for the correction of errors from said court; and for other purposes. Referred to the Committee on Special Judiciary. HR 68-153. By Messrs. Moore of the 12th and Mauldin of the 18th: A Resolution creating the State Claims Study Committee; and for other purposes. Referred to the Committee on Rules. HR 69-153. By Mr. Harris of the 118th: A Resolution compensating Mr. Robert Wakefield; and for other purposes. Referred to the Committee on Appropriations. 216 JOURNAL OF THE HOUSE, HB 154. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Chapter 88-5 of the Code of Georgia, so as to provide a procedure for the restoration to sanity of a person, without regard to whether or not such person has been hospitalized in a psychiatric hospital or any other institution for the mentally ill; and for other purposes. Referred to the Committee on Judiciary. HB 155. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Chapter 13-20 relating to the regulation of the business of banking, so as to provide for the application of a deposit of a deceased depositor to funeral expenses under certain conditions; and for other purposes. Referred to the Committee on Banks and Banking. HB 156. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 29-102, relating to covenants contained within a deed, so as to provide that when a grantee accepts a deed, he will be bound by the covenants contained therein; and for other purposes. Referred to the Committee on Judiciary. HB 157. By Mr. Harris of the 85th: A Bill to be entitled an Act to amend an Act known as the "Appellate Practice Act of 1965", so as to redefine what judgments shall be subject to review; and for other purposes. Referred to the Committee on Judiciary. HB 158. By Mr. Harris of the 85th: A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", so as to redefine the provisions relating to process and service; and for other purposes. Referred to the Committee on Judiciary. HB 159. By Messrs. Rowland and Joiner of the 48th: A Bill to be entitled an Act amend an Act creating the office of Tax Commissioner of Washington County, so as to provide for assistants within the Tax Commissioner's office; and for other purposes. Referred to the Committee on Local Affairs. MONDAY, FEBRUARY 13, 1967 217 HB 160. By Messers. Henderson of the 102nd, Peterson of the 59th, Matthews of the 94th, Anderson of the 71st and others: A Bill to be entitled an Act to provide that the State Board of Educa tion shall provide for a course of instruction in all of the public schools of this State in nutrition, hygiene, etiquette and the social graces relat ing to the partaking of meals; and for other purposes. Referred to the Committee on Education. HB 161. By Mrs. Merritt and Mr. Parker of the 68th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, so as to change the compensation of the Chairman and the other Commissioners of the Board of Commissioners of Roads and Revenues for Sumter County; and for other purposes. Referred to the Committee on Local Affairs. HB 162. By Mrs. Merritt and Mr. Parker of the 68th: A Bill to be entitled an Act to amend an Act fixing the compensation of the Treasurer of Sumter County, so as to increase the compensation; and for other purposes. Referred to the Committee on Local Affairs. HR 70-162. By Mr. Parker of the 68th: A Resolution to amend an resolution authorizing the conveyance of a tract of State-owned property located in Sumter County, so as to authorize the conveyance by the Governor to the Housing Authority of the City of Americus, and authorizing the conveyance to the State Highway Department of an easement by the Housing Authority of the City of Americus; and for other purposes. Referred to the Committee on State Institutions and Property. HB 163. By Mr. Egan of the 141st: A Bill to be entitled an Act to be known as "The Georgia Small Arms Act"; and for other purposes. Referred to the Committee on State of Republic. HB 164. By Messrs. Adams of the 125th, Irvin of the llth, Johnson of the 40th, Longino of the 122nd and others: A Bill to be entitled an Act to amend an Act which made comprehensive provision for an integrated tax administration for Georgia, so as to 218 JOURNAL OF THE HOUSE, authorize the purchase of motor vehicles by the State Revenue Com missioner; and for other purposes. Referred to the Committee on Rules. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 112. By Messrs. Gaynor of the 114th, Harris of the 118th, Pickard of the 112th, Sullivan of the 95th and Townsend of the 140th: A Bill to be entitled an Act to amend Code Chapter 88-9 relating to air quality control, so as to provide for air quality control; to provide for a declaration of public policy relative to air quality control; and for other purposes. HB 113. By Mr. Vaughn of the 117th: A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Rockdale County, so as to provide for the dis position of certain fees and commissions formerly allowed the Tax Commissioner; and for other purposes. HB 114. By Mr. Malone 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 of ficials of DeKalb County, so as to change the base compensation; and for other purposes. HB 115. By Mr. Brantley of the 63rd: 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 leave expenses not otherwise pro vided in said Act; and for other purposes. HB 116. By Messrs. Brantley of the 63rd, Nessmith of the 64th, Johnson of the 40th, Lane of the 64th, Rush of the 75th and others: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the participation by the State government and local govern ments in the cost of the minimum foundation program; and for other purposes. HB 117. By Mr. Kirksey 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 MONDAY, FEBRUARY 13, 1967 219 in Miller County, so as to change the corporate limits; and for other purposes. HB 118. By Messrs. Westlake, Davis and Higginbotham of the 119th and Smith of the 117th: A Bill to be entitled an Act to amend an Act regulating the sale, possession, prescribing and dispensing of certain dangerous drugs, so as to include Lysergic Acid Di Ethylamide (LSD) within the drugs regulated by the provisions of said Act; and for other purposes. HB 119. By Mr. Ballard of the 37th: A Bill to be entitled an Act to amend an Act relating to the negotiation of highway contracts by the State Highway Director and/or the State Highway Department, so as to provide for the negotiation of such contracts with incorporated municipalities when, in the discretion of the State Highway Director, such contracts are deemand to be in the public interest; and for other purposes. HB 120. By Messrs. Howell of the 86th and Bennett of the 95th: A Bill to be entitled an Act to provide for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem tax purposes and to adopt a different rate, method of assess ment, and dates of assessment for such property; and for other pur poses. HB 121. By Messrs. Moore of the 20th, Barber of the 24th, Peterson of the 59th, Thompson of the lllth and Alexander of the 133rd: A Bill to be entitled an Act to be known and may be cited as "The Teacher Tenure Act"; and for other purposes. HB 122. By Messrs. Oglesby and Russell of the 92nd: A Bill to be entitled an Act to amend an Act establishing a system of public schools in the City of Thomasville, so as to increase the maximum tax rate which may be levied for the maintenance and operation; and for other purposes. HB 123. By Messrs. Barfield and Bennett of the 95th, Oglesby and Russell of the 92nd and Lee of the 79th: 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 all products known or sold as gasoline, and all other products used as a fuel for motor vehicles on the public highways, and all other liquid petroleum products which are susceptible of use as a fuel for motor vehicles, including kerosene; and for other purposes. 220 JOURNAL OF THE HOUSE, HB 124. By Messrs. Barfield and Bennett of the 95th, Oglesby and Russell of the 92nd and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "MotorFuel Tax Law", so as to change the excise tax imposed upon all dis tributors of motor fuel; and for other purposes. HB 125. By Messrs. McClatchey of the 138th, Adams of the 125th, Dillon of the 128th, Daugherty of the 134th, Carnes of the 129th and Lambros of the 130th: A Bill to be entitled an Act to amend Code Section 59-202 which relates to the number of Grand Jurors by changing the minimum number of Grand Jurors; and for other purposes. HB 126. By Messrs. Harris of the 85th, Walling and Harris of the 118th: A Bill to be entitled an Act to amend an Act providing for service of process upon non-residents operating motor vehicles in this State, so as to provide for a different method of determining the time when service has been perfected; and for other purposes. HB 127. By Messrs. Holder of the 70th, Savage of the 58th, Moreland of the 28th, Smith of the 3rd and Johnson of the 25th: 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 remove requirements that medical interns be licensed; and for other purposes. HB 128. By Messrs. Leonard, Cole and Smith of the 3rd: A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Eton in the County of Murray, so as to change the terms of office of the mayor and aldermen; and for other purposes. HB 129. By Messrs. Northcutt, Lee and Gary of the 35th: A Bill to be entitled an Act to amend an Act creating and incorporating the City of Mountain View, so as to prescribe and define the corporate limits thereof; and for other purposes. HB 130. By Messrs. Dillon of the 128th, Steis of the 100th, McClatchey of the 138th, Adams of the 125th, Carnes of the 129th and others: A Bill to be entitled an Act to provide for the defense of indigents; to provide for a short title; to authorize the establishment of the Office of Public Defender; and for other purposes. MONDAY, FEBRUARY 13, 1967 221 HB 131. By Messrs. Walling and Farrar of the 118th, and Jenkins of the 119th: A Bill to be entitled an Act to provide for a county board of elections in each county having a population of not less than 250,000 and not more than 500,000; and for other purposes. HR 41-131. By Messrs. Henderson and Wilson of the 102nd, McDaniell of the 101st and Cooper of the 103rd: A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to exercise the power of taxation for school lunch purposes; and for other purposes. HR 42-131 By Messrs. Dickinson of the 27th, Conner of the 91st, Leggett of the 21st, Lowrey of the 13th, Lambros of the 130th and others: A Resolution proposing an amendment to the Constitution, so as to allow a governor to succeed himself; and for other purposes. HR 43-131. By Mr. Howard of the 101st: A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Cobb County; and for other purposes. HR 44-131. By Messrs. McCracken of the 49th, Sherman of the 105th, Jones of the 112th, Shields of the lllth and others: A Resolution creating the Rivers and Harbors Development Commission of the State of Georgia; and for other purposes. HB 132. By Messrs. Dean of the 20th, Steis of the 100th, Stalnaker of the 59th, Dollar of the 89th, Ware of the 42nd and Gay of the 60th: A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", so as to provide that the Adjutant General shall receive the same pay and allowances of a Major General as now or hereafter provided by law for an officer of equivalent rank in the regular armed forces of the United States; and for other purposes. HR 45-132. By Mr. Irvin of the llth: A Resolution to compensate Billy E. Turpin; and for other purposes. HR 46-132. By Mr. Irvin of the llth: A Resolution to compensate Mr. C. E. Gabrels, Jr.,; and for other purposes. 222 JOURNAL OP THE HOUSE, HE 47-132. By Mr. Irvin of the llth: A Resolution to compensate Larry Paul Jones; and for other purposes. HR 48-132. By Mr. Irvin of the llth: A Resolution to compensate Herman Edward Dykes; and for other purposes. HB 133. By Messrs. Cole, Smith and Leonard of the 3rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dalton, so as to provide for a term of office of four years for the Mayor, the Councilmen from the first, second, third, and fourth wards; and for other purposes. HR 49-133. By Messrs. Magoon of the 19th and Doster of the 73rd: A Resolution proposing an amendment to the Constitution to create the State Game and Fish Department and provide for a Director of said Department who shall be elected at the same time and in the same manner as the Governor; and for other purposes. Mr. Floyd of the 7th District, Chairman of the Committee on Appropriations, submitted the following report: Mr. Speaker: Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation: HB 40. Do Pass by Substitute. Respectfully submitted, Floyd of the 7th, Chairman. Mr. Steis of 100th 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 125. Do Pass. MONDAY, FEBRUARY 13, 1967 223 HB 85. Do Pass. Respectfully submitted, Steis of the 100th Dist., Chairman. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House, to-wit: SB 4. By Senator Coggin of the 35th: A Bill to be entitled an Act to authorize the Director of the Budget to require payment for personal services within the State Government to be calculated and to be made on the basis of twenty-six pay periods per year; to provide an effective date; and for other purposes. HB 6. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 37-607, so as to provide that powers of sale and other powers in deeds of trust, mort gages, 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 described; and for other purposes. HB 12. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Chapter 67-13, relating to conveyances to secure debt, so as to provide for a new code section; and for other purposes. HB 13. By Mr. Mauldin of the 18th: A Bill to be entitled an Act to abolish the office of Treasurer of Franklin County; to provide that the Commissioner of Roads and Revenues shall perform the duties of said Treasurer; and for other purposes. HB 24. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 67-2002 relating to laborers, contractors, and materialman liens, so as to provide that such liens shall state the amount claimed due; and for other purposes. 224 JOURNAL OF THE HOUSE, The Senate has passed as amended by the requisite constitutional majority the following bill of the House, to-wit: HB 26. By Messrs. Levitas, Harris and Parrar of the 118th, Jones of the 112th, and others: 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; and for other purposes. The Senate has adopted the following resolution of the House, to-wit: HR 40. By Messrs. Jordan of the 78th, Howell of the 86th, and Daily of the 66th: A Resolution relative to the naming of the reservoir created by Walter F. George Dam; and for other purposes. The following Resolution of the House was read and adopted: HR 71. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th, Lambert of the 38th, Odom of the 79th and Matthews of the 29th: A RESOLUTION. Commending Robert Lee (Bobby) Dodd; and for other purposes. WHEREAS, the name of Robert Lee (Bobby) Dodd has always been synonymous with humanitarianism, good sportsmanship, gentle manly conduct, humility, and winning football; and WHEREAS, Georgia Tech is nationally recognized for the excel lence of her football teams, the players thereon, and the superb coach ing thereof; and WHEREAS, the Yellow Jackets of Georgia Tech are known for their outstanding gridiron play, and the Georgia Tech team and Coach Bobby Dodd were respected by friend and foe alike; and WHEREAS, probably the most distinct honor accorded to Coach Dodd and the Tech football team stems from the fact that almost every team on the Tech schedule points to the Tech game, and it is considered a large feather in the cap of any team and coach earning a victory over Coach Dodd's Yellow Jackets; and WHEREAS, this adopted son of Georgia has devoted his entire coaching career to the Georgia Institute of Technology, beginning in 1931 with his appointment as backfield coach, under the tutelage of the MONDAY, FEBRUARY 13, 1967 225 late beloved Coach William A. (Bill) Alexander, highlighted by his succession in 1945 as Head Coach, upon the death of Coach Alexander, and his appointment as Athletic Director of the Georgia Tech Athletic Association in 1950; and WHEREAS, during his tenure as Head Coach and under his guid ance, the Yellow Jackets compiled the enviable record of 165 victories, 64 defeats and 8 ties, with twenty-two of his players being recognized nationally as "All Americans", the result of such excellence being that the Yellow Jackets have been invited to participate in thirteen postseason bowl games, winning nine such games; and WHEREAS, Coach Dodd's own playing career is no less illustrious than that of the teams and players he has coached for while he was a student at the University of Tennessee, he earned nine letters in ath letics and was selected as a member of the Grantland Rice All American Football Team of 1930; and WHEREAS, one of the greatest honors which can be bestowed upon any person connected with football came to Coach Dodd in 1961 when he was selected as a member of the National Football Hall of Fame; and WHEREAS, despite the ever-increasing drain on his time and energies as Head Coach and Athletic Director, he has given unselfishly of himself and his talents to numerous charitable causes and worth while civic organizations on a local, State and national basis; and WHEREAS, because of impaired health, he has recently been compelled to resign his position of Head Coach. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that this body does hereby express its highest commendation to Coach Robert Lee (Bobby) Dodd for his outstanding contributions to the State of Georgia, to his nation, and to the sport of football; for through the living example set by him to his players, staff, friends and admirers, he has helped to mold young men into the strength of this State and nation. BE IT FURTHER RESOLVED that the members of this body join with all who know, admire and respect this outstanding man and coach in extending to him our sincerest best wishes for his renewed good health, so that he may once again be able to fully carry out his duties as Athletic Director and his many other worthwhile endeavors at the earliest possible opportunity. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Coach Robert Lee (Bobby) Dodd. By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee: 226 JOURNAL OF THE HOUSE, SB 4. By Senator Coggin of the 35th: A Bill to be entitled an Act to authorize the Director of the Budget to require payment for personal services within the State Government to be calculated and to be made on the basis of twenty-six pay periods per year; and for other purposes Referred to the Committee on State of Republic. By unanimous consent, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 73. By Mr. Kaylor of the 4th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Fannin County upon an annual salary, approved March 11, 1965, so as to provide an automobile allowance for the Deputy Sheriff of Fannin 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 105, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 92. By Mr. Harrison of the 98th: A Bill to be entitled an Act to amend an Act amending the several Acts incorporating the City of St. Marys in the County of Camden, as amended; so as to provide for council posts; to provide for a majority vote for the offices of mayor and councilmen; to provide for runoff 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 105, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 93. By Mr. Harrison of the 98th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Charlton County, known as the fee system; to provide in lieu thereof an annual salary; and for other pur poses. MONDAY, FEBRUARY 13, 1967 227 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 95. By Messrs. Starnes, Lowrey and Minge of the 13th: A Bill to be entitled an Act to amend the Charter of the City of Rome, Georgia by striking the year "1965" as it appears in Line 5, page 2376 of 1966 Georgia laws, and substituting therefor the year "1968"; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 96. By Mr. Johnson of the 25th: A Bill to be entitled an Act to amend an Act entitled "an Act to provide a board of commissioners for the County of Elbert", so as to provide for the filling of vacancies in the office of Chairman of the Board of Commissioners of Elbert County; to provide for the powers and duties of the members and Chairman of the Board of Commissioners of Elbert 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 105, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 97. By Mr. Doster of the 73rd: A Bill to be entitled an Act to amend an Act creating the office of com missioner of roads and revenues for Telfair County, so as to provide that the February term of the grand jury of the Telfair Superior Court shall select the Auditor of the books and records of Telfair County; and for other purposes. 228 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 105, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 98. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to amend the Act creating a charter for the City of Carrollton, approved September 9, 1891, as amended, so as to change the rate of taxation for school purposes in and for said city; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 99. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to amend an Act entitled "Carrollton ad valorem tax rate," approved August 14, 1917, so as to change the limit to the ad valorem tax rate on all real and personal property within the corporate limits of said City of Carrollton; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 100. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to amend an Act creating the Office of Com missioners of Roads and Revenues for Carroll County approved Feb. 21, 1951, so as to change the compensation of the clerk of the County Commissioner of Carroll County; and for other purposes. MONDAY, FEBRUARY 13, 1967 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 ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 29-79. By Messrs. Malone, Palmer, Vaughn and Smith of the 117th; Jenkins, Davis, Westlake and Higginbotham 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 incurred for operating its municipal police force during the im mediately preceding fiscal year. The governing authority of DeKalb 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 governing authority of DeKalb County shall have the authority to audit the accounts of each 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 muni cipalities 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 proposed amendment shall be published and submitted as provided in Article 230 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 ( NO ( ) Shall the Constitution be amended so as to provide that the governing authority of DeKalb County shall ) reimburse the municipalities located wholly within DeKalb County for thirty per cent (30%) of the cost of maintaining the police forces of such muncipalities?" 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 Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Cook Cooper Cox Crowe, William Crowe, W. J. Dailey Davis Dent Dillon Dixon Dodson Dollar Doster Douglas Fallin Farmer Farrar Funk Gary Gay Gaynor Gignilliat Grier Hadaway Hale MONDAY, FEBRUARY 13, 1967 231 Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hill Holder Hood Howell Hutchinson Irvin Jenkins Joiner Jones, M. Jordan, W. H. Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Merritt Miller Minge Moate Moore, Don C. Moore, J. H. Moreland Mullinax Nash Nimmer Northcutt Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Richardson Rowland Rush Scarlett Shanahan Shields Sims Smith, J. R. Smith, W. L. Snow Stalnaker Starnes Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Tucker Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood Those not voting were Messrs: Alexander Anderson Brantley, H. H. Clarke Colwell Conner Cooper Daugherty Dean DeLong Dickinson Dorminy Edwards Egan Fleming Floyd Grahl Henderson Higginbotham Howard Johnson, A. S. Johnson, B. Jones, C. M. Jordan, G. Kaylor Leonard Maxwell McDaniell Mixon Murphy Nessmith Newton Odom Oglesby Paris Rainey Reaves Roach Ross Russell Savage Shorman Simmons Smith, G. W. Smith, V. T. Steis Townsend Turner Tye Underwood Walling Wells Wilson, J. M. Mr. Speaker 232 JOURNAL OP THE HOUSE, 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 Speaker presented Honorable Robert Lee (Bobby) Dodd, Athletic Di rector of Georgia School of Technology, who addressed the members of 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 109. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 102-102, relating to general rules of construction for statutes, so as to provide for additional time within which to complete certain actions when the final date for completing such action shall fall on a public or legal holiday; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 104, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 50. By Messrs. Westlake of the 119th and Smith of the 117th: A Bill to be entitled an Act to provide that it shall be unlawful for any distributor of any publication to refuse to sell to any dealer publications if the distributor predicates his refusal to sell upon the dealer's refusal to purchase certain additional publications; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 105, nays 4. The Bill, having received the requisite constitutional majority, was passed. Mr. Lambert of the 38th moved that the House do now adjourn until 11:00 o'clock tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 11:00 o'clock tomorrow morning. TUESDAY, FEBRUARY 14, 1967 233 Representative Hall, Atlanta, Georgia Tuesday, February 14,1967 The House met pursuant to adjournment at 11:00 o'clock, A.M., this day and was called to order by the Speaker. The following prayer was offered by Rev. Marcus Martin, Pastor First Methodist Church, Cornelia, Georgia: 0 Thou, who dost govern the world in righteousness, and whose judg ments are true and righteous altogether: Grant, we beseech thee, that those who rule over us and who legislate for us may be of one mind to establish justice and promote the welfare of all our people. Endow all members of this General Assembly with a right understanding, pure purposes, and sound speech. Enable them to rise above all selfseeking and party zeal to the nobler concerns of public good and human brotherhood. Cleanse our public life of every evil; subdue in our state all that is harmful; and make us a disciplined and devoted people, that we may do thy will on earth as it is done in heaven; even through Jesus Christ our Lord. 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. 5. Third Reading and passage of local uncontested bills. 234 JOURNAL OF THE HOUSE, 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 165. By Messrs. Lane of the 126th, Hill of the 121st, Cook, Turner and Gates of the 123rd: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point relating to a personnel board of appeals; and for other purposes. Referred to the Committee on Local Affairs. HB 166. By Messrs. Rowland and Joiner of the 48th: A Bill to be entitled an Act to amend an Act placing the sheriff of Washington County upon an annual salary, so as to change the com pensation of the Sheriff; to change the compensation of his full-time deputies and secretary; and for other purposes. Referred to the Committee on Local Affairs. HB 167. By Mr. Otwell of the 10th: A Bill to be entitled an Act to reincorporate the City of Dawsonville in the County of Dawson and to grant a new charter to said City; and for other purposes. Referred to the Committee on Local Affairs. HB 168. By Mr. Paris of the 23rd: A Bill to be entitled an Act to provide a new charter for the City of Statham; and for other purposes. Referred to the Committee on Local Affairs. HB 169. By Messrs. Starnes, Lowrey and Minge of the 13th: A Bill to be entitled an Act to amend Code Section 24-3406 pertaining to deposit of costs required in divorce cases, so as to change the amount of deposit required to file such divorce case or proceeding; and for other purposes. Referred to the Committee on Special Judiciary. TUESDAY, FEBRUARY 14, 1967 235 HB 170. By Mr. Hall of the 67th: A Bill to be entitled an Act to amend an Act providing for a charter for the City of Smithville, so as to change the hours during which the polls for elections shall be open in said city; and for other pur poses. Referred to the Committee on Local Affairs. HB 171. By Messrs. Lowrey of the 13th and Jones of the 112th: A Bill to be entitled an Act to amend an Act creating a Board of Examiners of Practical Nurses, so as to change the fee for examination; and for other purposes. Referred to the Committee on Hygiene and Sanitation. HB 172. By Messrs. Adams of the 125th, Carnes of the 129th, Dillon of the 128th, Lane of the 126th, Vaughn of the 14th 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. Referred to the Committee on Ways and Means. HB 173. By Messrs. Williams of the 16th, Barber of the 24th, Rush of the 75th 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 tests to determine the alcoholic content in the defendant's blood; and for other purposes. Referred to the Committee on Motor Vehicles. HB 174. By Messrs. Leggett of the 21st and Gay of the 60th: A Bill to be entitled an Act to prohibit members of the Georgia State Patrol from punching or in any other way marking drivers' licenses in place of issuing warning tickets; and for other purposes. Referred to the Committee on Motor Vehicles: HB 175. By Messrs. Lowrey, Starnes and Minge of the 13th: A Bill to be entitled an Act to amend an Act establishing law libraries in certain counties, so as to change the counties to which such Acts shall apply; and for other purposes. Referred to the Committee on Local Affairs. 236 JOURNAL OF THE HOUSE, HB 176. By Mr. Westlake of the 119th: A Bill to be entitled an Act to amend Code Section 56-310, relating to the deposit required for foreign and alien insurers, so as to authorize the Commissioner to require additional deposits; and for other purposes. Referred to the Committee on Insurance. HB 177. By Messrs. Lee, Gary and Northcutt of the 35th: A Bill to be entitled an Act to amend an Act incorporating the City of Lake City in the County of Clayton, so as to change the provisions relating to the compensation of the mayor and councilmen; and for other purposes. Referred to the Committee on Local Affairs. HB 178. By Messrs. Chandler and Harrington of the 47th: A Bill to be entitled an Act to change the name of the "Milledgeville State Hospital" to "Central State Hospital"; and for other purposes. Referred to the Committee on State Institutions and Property. HB 179. By Mr. DeLong of the 105th: 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. HB 180. By Mr. DeLong of the 105th: A Bill to be entitled an Act to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes. Referred to the Committee on State of Republic. HB 181. By Messrs. Bennett of the 95th, Fallin of the 94th, Oglesby of the 92nd, Reaves of the 99th and others: A Bill to be entitled an Act to amend an Act providing for a salary system in lieu of a fee system for the Solicitor General of the Southern Judicial Circuit, so as to change the compensation of said Solicitor General; and for other purposes. Referred to the Committee on Local Affairs. TUESDAY, FEBRUARY 14, 1967 237 HB 182. By Mr. Merritt and Mr. Parker of the 68th, Savage of the 58th, Black of the 56th and Hall of the 67th: A Bill to be entitled an Act to amend an Act providing a salary for the official reporter of the Southwestern Judicial Circuit, so as to change the compensation of said official court reporter; and for other purposes. Referred to the Committee on Local Affairs. HB 183. By Mr. Lovell of the 6th: A Bill to be entitled an Act to amend an Act authorizing the Ordinary of Rabun County to additionally compensate the Secretary of the Tax Commissioner, so as to change the amount allowable for the Secretary of the Tax Commissioner; and for other purposes. Referred to the Committee on Local Affairs. HB 184. By Mr. Lovell of the 6th: A Bill to be entitled an Act to amend an Act providing a secretarial assistant for the Clerk of the Superior Court of Rabun County, so as to change the amount of compensation to be paid to the secretary of the clerk of the superior court; and for other purposes. Referred to the Committee on Local Affairs. HB 185. By Messrs. Lee, Gary and Northcutt of the 35th: A Bill to be entitled an Act to amend an Act creating the Clayton Judicial Circuit, so as to change the compensation of the Solicitor General; and for other purposes. Referred to the Committee on Local Affairs. HB 186. By Messrs. Lee, Gary and Northcutt of the 35th: A Bill to be entitled an Act to repeal all Acts relating to the incorpora tion of the Town of Lovejoy; and for other purposes. Referred to the Committee on Local Affairs. HB 187. By Messrs. Lee, Gary and Northcutt 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 Payette County, so as to correct a typographical error; and for other purposes. Referred to the Committee on Local Affairs. 238 JOURNAL OF THE HOUSE, HB 188. By Mr. Lovell of the 6th: A Bill to be entitled an Act to amend an Act providing for compensa tion for the Ordinary of Rabun County and compensation for secre tarial assistance to the Ordinary, so as to change the compensation authorized for the secretary of the ordinary; and for other purposes. Referred to the Committee on Local Affairs. HB 189. By Mr. Smith of the 44th: A Bill to be entitled an Act to provide for the election of members of the Board of Education of Pike County; to provide for education districts; and for other purposes. Referred to the Committee on Local Affairs. HB 190. By Mr. Smith of the 44th: A Bill to be entitled an Act to amend the Charter of the Town of Williamson so as to change the method of electing councilmen and their terms of office; and for other purposes. Referred to the Committee on Local Affairs. HB 191. By Messrs. Westlake, Davis and Higginbotham of the 119th, Smith and Malone of the 117th: A Bill to be entitled an Act to amend an Act revising the laws relating to the governing authority of DeKalb County and creating a Board of Commissioners of Roads and Revenues, so as to change the method of electing certain members; and for other purposes. Referred to the Committee on Local Affairs. HB 192. By Messrs. Westlake, Davis and Higginbotham of the 119th, Smith and Malone of the 117th: A Bill to be entitled an Act to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected and providing for the terms and methods of electing such members, so as to change the terms of office; and for other purposes. Referred to the Committee on Local Affairs. HB 193. By Messrs. Westlake, Davis and Higginbotham of the 119th, Smith and Malone of the 117th: A Bill to be entitled an Act to change the method of electing members of the Board of Education of DeKalb County; and for other purposes. Referred to the Committee on Local Affairs. TUESDAY, FEBRUARY 14, 1967 239 Mr. Harris of the 85th asked unanimous consent that the following Bill of the House be ordered engrossed: HB 194. By Messrs. Harris of the 85th and Harris of the 118th: A Bill to be entitled an Act to amend an Act revising pretrial, trial and certain post trial procedure in civil cases known as the "Georgia Civil Practice Act", so as to postpone the effective date of said Act; and for other purposes. Referred to the Committee on Judiciary. The consent was granted and HB 194 was ordered engrossed. HB 195. By Mr. Smith of the 44th: A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Pike County into the office of the tax commis sioner; and for other purposes. Referred to the Committee on Local Affairs. HB 196. By Mr. McClatchey of the 138th: A Bill to be entitled an Act to further regulate the incorporation and renewal of charters of credit unions; and for other purposes. Referred to the Committee on Banks and Banking. HB 197. By Messrs. Roach of the 15th and Otwell of the 10th: A Bill to be entitled an Act to provide for one additional Judge of the Superior Court of the Blue Ridge Judicial Circuit; and for other purposes. Referred to the Committee on Local Affairs. HB 198. By Mr McClatchey of the 138th: A Bill to be entitled an Act to provide for the liquidation of credit unions; and for other purposes. Referred to the Committee on Banks and Banking. HB 199. By Messrs. Harris of the 118th, Barber of the 24th, Hale of the 1st and Steis of the 100th: A Bill to be entitled an Act to define dual control driver education motor vehicles; and for other purposes. Referred to the Committee on Education. 240 JOURNAL OP THE HOUSE, HB 200. By Messrs. Scarlett and Harris of the 85th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Glynn County, so as to pro vide for a five.member Board; and for other purposes. Referred to the Committee on Local Affairs. HB 201. By Messrs. Levitas, Harris and Walling of the 118th, Palmer, Malone and Smith of the 117th, Jenkins, Westlake, Davis and Higginbotham of the 119th: A Bill to be entitled an Act to amend Code Chapter 26-29, relating to the crimes of disturbing divine services or societies, so as to provide that it shall be unlawful for any person to deface or desecrate a place or building used regularly for divine worship; and for other purposes. Referred to the Committee on Judiciary. HB 202. By Messrs. Lovell of the 6th, Moore of the 12th and Irvin of the llth: A Bill to be entitled an Act to amend an Act creating the Mountain Judicial Circuit, so as to change the terms of court for said counties comprising said circuit; and for other purposes. Referred to the Committee on Local Affairs. HB 203. By Messrs. Palmer, Vaughn and Malone 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 automatic signalling devices at grade crossings of municipal streets; and for other purposes. Referred to the Committee on Highways. HB 204. By Messrs. Barber of the 24th, Matthews and Farmer of the 29th: A Bill to be entitled an Act to amend an Act entitled "Minimum Foundation Program of Education Act", so as to provide that budgets of school districts borrowing funds for operations may include in estimated receipts one-half of the estimated school tax revenue from county ad valorem levies for the calendar year in which the school districts' budget year ends; and for other purposes. Referred to the Committee on Education. HB 205. By Messrs. Douglas and Gay of the 60th: A Bill to be entitled an Act to amend Code Section 34-705(a), which relates to the selection of polling places by the Ordinary; and for other purposes. Referred to the Committee on State of Republic. TUESDAY, FEBRUARY 14, 1967 241 HB 206. By Mr. Crowe of the 80th: A Bill to be entitled an Act to consolidate the office of tax receiver and tax collector of Worth County into the office of the tax commis sioner; and for other purposes. Referred to the Committee on Local Affairs. HB 207. By Mr. Crowe of the 80th: A Bill to be entitled an Act to abolish the present mode of compensat ing the Ordinary of Worth County, known as the fee system; and for other purposes. Referred to the Committee on Local Affairs. HB 208. By Mr. Crowe of the 80th: A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court of Worth County, known as the fee system; and for other purposes. Referred to the Committee on Local Affairs. HB 209. By Mr. Reaves of the 99th: A Bill to be entitled an Act to implement the provisions of Article VII, Section V, Paragraph I of the Constitution, relating to the Brooks County Development Authority; to provide for the membership of said authority; and for other purposes. Referred to the Committee on Local Affairs. HR 72-209. By Mr. Underwood of the 61st: A Resolution compensating Miss Kathleen A. Conner and Mrs. Mattie C. Finch; and for other purposes. Referred to the Committee on Appropriations. HR 73-209. 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 Special Judiciary. HR 74-209. By Mr. Davis of the 119th: A Resolution compensating the Kendall Company; and for other pur poses. Referred to the Committee on Appropriations. 242 JOURNAL OP THE HOUSE, HR 75-209. 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 adopt build ing, electrical, and other similar codes, to adopt planning and zoning ordinances and to regulate construction of all types by requiring build ing permits; and for other purposes. Referred to the Committee on Local Affairs. HR 76-209. 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 adopt building, electrical, and other similar codes, to adopt planning and zoning ordi nances and to regulate construction of all types by requiring building permits; and for other purposes. Referred to the Committee on Local Affairs. HR 77-209. By Mr. Kaylor of the 4th: A Resolution compensating Mr. Glenn Douglas Cook; and for other purposes. Referred to the Committee on Appropriations. HR 78-209. By Mr. Harrison of the 98th: A Resolution proposing an amendment to the Constitution so as to change the membership of the Camden County Development Authority; and for other purposes. Referred to the Committee on Local Affairs. HR 79-209. By Messrs. Johnson of the 40th, Williams of the 16th, Anderson of the 71st, Cole of the 3rd, Nimmer of the 84th and others: A Resolution creating the Governor's Traffic Safety Study Committee; and for other purposes. Referred to the Committee on Rules. HR 80-209. By Mr. Leggett of the 21st: A Resolution compensating Mr. Phillip T. Glover and his father, Mr. M. T. Glover; and for other purposes. Referred to the Committee on Appropriations. TUESDAY, FEBRUARY 14, 1967 243 HR 81-209. By Mr. Laite of the 109th: A Resolution compensating Albert T. Newberry; and for other pur poses. Referred to the Committee on Appropriations. HR 82-209. By Mr. Laite of the 109th: A Resolution compensating Grantham Transfer & Storage Company, Inc.; and for other purposes. Referred to the Committee on Appropriations. HR 83-209. By Messrs. Chandler and Harrington of the 47th: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to fix the exemption of the homestead from certain ad valorem taxes from $2,000 to $4,000; and for other purposes. Referred to the Committee on Special Judiciary. HR 84-209. By Messrs. Chandler and Harrington of the 47th: A Resolution authorizing the disposal of a tract of land owned by the State of Georgia located in Baldwin County; and for other pur poses. Referred to the Committee on State Institutions and Property. HR 85-209. By Messrs. Harris and Levitas of the 118th, Barber of the 24th and Smith of the 54th: A Resolution designating Georgia Authors' Week; and for other pur poses. Referred to the Committee on Judiciary. HR 86-209. By Messrs. Harris and Scarlett of the 85th, Nessmith of the 64th and Harrison of the 98th: 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. HR 87-209. By Messrs. Odom of the 79th and Murphy of the 26th: A Resolution to create an interim study committee to study the feasi bility and practicality of reorganizing the State and County Depart ments of Family and Children Services; and for other purposes. Referred to the Committee on Rules. 244 JOURNAL OP THE HOUSE, HB 210. By Messrs. Harrison of the 98th, Branch of the 74th, Thomas of the 77th, Scarlett and Harris of the 85th and Conner of the 91st: A Bill to be entitled an Act to add one additional judge of the superior courts of the Brunswick Judicial Circuit; and for other purposes. Referred to the Committee on Special Judiciary. HB 211. By Messrs. Harris, Walling and Levitas of the 118th, Palmer and Vaughn of the 117th: A Bill to be entitled an Act to provide for an advisory referendum election to be held in DeKalb County, for the purpose of ascertaining whether the county-manager form of county government is desired by the people of such county; and for other purposes. Referred to the Committee on Local Affairs. HB 212. By Mr. Leonard of the 3rd: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Chatsworth, so as to change the corporate limits of said city; and for other purposes. Referred to the Committee on Local Affairs. HB 213. By Messrs. Games of the 129th and Adams of the 125th: A Bill to be entitled an Act to provide that it shall be unlawful for minors to possess or consume any spirituous, malt or vinuous liquors; and for other purposes. Referred to the Committee on Temperance. HB 214. By Messrs. Carnes of the 129th, Peterson of the 59th, Harris of the 85th, Farrar of the 118th, Dillon of the 128th and others: A Bill to be entitled an Act to amend an Act relating to the Special Master Procedure of exercising the power of eminent domain, so as to redefine the term "Condemning Body"; and for other purposes. Referred to the Committee on Judiciary. HB 215. By Messrs. Jones and Buck of the 112th, Thompson of the lllth, and Thompson of the 110th: A Bill to be entitled an Act to amend an Act known as "The Children and Youth Act", so as to provide that the provisions relating to unlicensed placement of children for care or adoption shall be inappli cable to a properly licensed Attorney at Law while acting within the scope of his professional capacity; and for other purposes. Referred to the Committee on Judiciary. TUESDAY, FEBRUARY 14, 1967 245 HB 216. By Messrs. Jones of the 112th and Smith of the 3rd: A Bill to be entitled an Act to regulate the practice of Orthotics and Prosthetics; and for other purposes. Referred to the Committee on Judiciary. HB 217. By Mr. Jones of the 112th: A Bill to be entitled an Act to make it unlawful for persons to leave children under the age of ten years unattended in a parked vehicle; and for other purposes. Referred to the Committee on Judiciary. HR 88-217. By Mr. Leonard of the 3rd: A Resolution to compensate Mr. Howell S. Wilson; and for other pur poses. Referred to the Committee on Appropriations. HR 89-217. By Mr. Jones of the 112th: A Resolution compensating Mr. James E. Crenshaw; and for other purposes. Referred to the Committee on Appropriations. HR 90-217. By Mr. Jones of the 112th: A Resolution compensating Mr. William F. Hysmith; and for other purposes. Referred to the Committee on Appropriations. HR 91-217. By Mr. Lambert of the 38th: A Resolution compensating Mr. Dewey Newton; and for other pur poses. Referred to the Committee on Appropriations. HB 218. By Mr. Richardson of the 116th: 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 apportioning membership in the House of Representatives for Chat ham County; and for other purposes. Referred to the Committee on Legislative & Congressional Reapportionment. 246 JOURNAL OP THE HOUSE, HB 219. By Messrs. Dillon of the 128th, Carnes of the 129th, Lambros of the 130th, Adams of the 125th, Hood of the 124th, and others: A Bill to be entitled an Act to provide for the defense of indigents in certain counties of this State having a population of not less than 500,000; and for other purposes. Referred to the Committee on Local Affairs. HE 92-219. By Mr. Gaynor of the 114th: A Resolution compensating Mr. Raymond E. O'Brien; and for other purposes. Referred to the Committee on Appropriations. HR 93-219. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st, Cooper of the 103rd and Leggett of the 21st: A Resolution proposing an amendment to the Constitution so as to change the jurisdiction of justices of the peace in civil cases; and for other purposes. Referred to the Committee on Special Judiciary. HB 220. By Messrs. Wilson and Henderson of the 102nd, Howard and Mc Daniell of the 101st, Cooper of the 103rd and Leggett of the 21st: A Bill to be entitled an Act to amend Code Section 24-1103, relating to deposit of costs by a non-resident plaintiff, so as to require every plaintiff to make a deposit on account of costs when he files his suit; and for other purposes. Referred to the Committee on Judiciary. HB 221. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st and Cooper of the 103rd: A Bill to be entitled an Act to amend an Act providing that no person shall be elected ordinary of a county having a population of 100,000 or more except under certain conditions, so as to provide that the provisions of said Act shall not apply to any person who is now hold ing or has held the office of ordinary in any county having a popula tion of not less than 110,000 nor more than 120,000; and for other purposes. Referred to the Committee on Local Affairs. HR 94-221. By Mr. Bray of the 43rd: A Resolution proposing an amendment to the Constitution so as to create the Meriwether County Development Authority; and for other purposes. Referred to the Committee on Local Affairs. TUESDAY, FEBRUARY 14, 1967 247 HB 222. By Mr. McCracken of the 49th: A Bill to be entitled an Act to amend an Act entitled "An Act creat ing the City Court of Louisville . . .", so as to change the compensa tion of the Judge and Solicitor of said Court; and for other purposes. Referred to the Committee on Local Affairs. HB 223. 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, so as to change the compensation of the Mayor and Councilmen; and for other purposes. Referred to the Committee on Local Affairs. HB 224. By Mr. Jones of the 112th: A Bill to be entitled an Act to regulate retail installment and home solicitation sales and for the financing thereof; and for other purposes. Referred to the Committee on Judiciary. HB 225. By Mr. Jones of the 112th: A Bill to be entitled an Act to regulate the sale and financing of motor vehicles; 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 134. By Messrs. Palmer and Malone of the 117th, Harris and Levitas of the 118th, Smith of the 114th and Collins of the 88th: A Bill to be entitled an Act to amend an Act entitled the "Georgia Election Code", so as to prohibit voting of a straight party ticket in any general election; and for other purposes. HR 50-134. By Mr. Land of the 53rd: A Resolution compensating William Harvey Arnold; and for other purposes. HR 51-134. By Mr. Blalock of the 33rd: A Resolution authorizing and directing the State Revenue Department to refund a sales tax payment to Seaboard Construction Company; and for other purposes. 248 JOURNAL OF THE HOUSE, HR 52-134. By Mr. Lambros of the 130th: A Resolution authorizing and directing the State Librarian to furnish certain volumes of the Georgia Supreme Court Reports to the Judges of the Superior Court of the Atlanta Judicial Circuit; and for other purposes. HB 135. By Mr. Lovell of the 6th: A Bill to be entitled an Act to repeal an Act providing that the clerk of the superior court shall attend the trial in the court of ordinary of all cases for violation of all traffic laws in certain counties; and for other purposes. HB 136. By Mr. Henderson of the 102nd: A Bill to be entitled an Act to prohibit the importation into this State and sale of two-ply, pneumatic, motor vehicle tires; and for other pur poses. HB 137. By Messrs. Williams of the 16th, Johnson of the 40th, Anderson of the 71st: 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 138. By Messrs. Williams of the 16th and Johnson of the 40th: A Bill to be entitled an Act to provide for the use of speed detection devices by counties and municipalities; and for other purposes. HB 139. By Messrs. Williams of the 16th and Johnson of the 40th: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, 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 140. By Messrs. Williams of the 16th and Johnson of the 40th: A Bill to be entitled an Act to provide that the State Board of Education shall prescribe by rules and regulations that a driver education course shall be included as part of the curriculum of all public high schools in this State by the 1968-69 school year; and for other purposes. TUESDAY, FEBRUARY 14, 1967 249 HR 61-140. By Mr. Rush of the 75th: A Resolution compensating Joe Collins, and for other purposes. HR 62-140. By Mr. Rush of the 75th: A Resolution compensating Mrs. P. R. Collins, and for other purposes. HB 141. By Mr. Steis of the 100th: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Hamilton, so as to change the compensation of the mayor and councilmen; and for other purposes. HR 63-141. By Mr. Hood of the 124th: A Resolution creating an interim committee to study all matters relating to motor vehicles and the desirability of creating a State Department of Motor Vehicles; and for other purposes. HR 64-141. By Mr. Grahl of the 52nd: A Resolution compensating Mr. Berry Yaughn; and for other purposes. HR 65-141. By Mr. Grahl of the 52nd: A Resolution compensating Mrs. Ethel Roberts (Berry) Yaughn; and for other purposes. HB 142. 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 Byron, so as to change the method of electing the mayor and aldermen; and for other purposes. HB 143. 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 provide for an allowance for uniforms; and for other purposes. HB 144. By Mr. Matthews of the 29th: A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways", so as to provide that it shall not be an offense to drive upon the left side of a roadway within 100 feet of a traversing intersection or railroad crossing unless signs are installed notifying the driver of the presence of such intersection if such intersection is located outside the corporate limits of a municipality; and for other purposes. 250 JOURNAL OF THE HOUSE, HB 145. By Mr. Lambros of the 130th: 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 grant of a divorce but may be considered by the jury as to whether a divorce may be denied; and for other purposes. HB 146. By Mr. Lambros of the 130th: A Bill to be entitled an Act to amend Code Section 30-102, which Section relates to the grounds for the granting of a total divorce, by amending Subsection 11 thereof, relating to an incurable insanity as grounds for divorce; and for other purposes. HB 147. By Mr. Lambros of the 130th: A Bill to be entitled an Act to amend Chapter 81-2 of the Code of Georgia of 1933, by adding 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 two years by creating a presumption that he is a non-resident of the State of Georgia and serving him as a non-resident; and for other purposes. HB 148. By Mr. Lambros of the 130th: A Bill to be entitled an Act to amend Section 30-105 of the Georgia Code of 1933, so as to provide the information that must be contained in the petition, and to remove the necessity of pleading the facts upon which the grounds of divorce are predicated unless the respondent shall within 30 days from the date of service upon the respondent make a written demand for a statement of the facts upon which the grounds are predicated; and for other purposes. HB 149. By Mr. Lambros of the 130th: A Bill to be entitled an Act to amend Code Section 30-202, so as to provide that in all cases when an application for temporary alimony is made, in which the wife shall state that she or a minor child or children or both are wholly dependent on the husband or father for support, the presiding judge shall set the application for hearing not less than 30 days from the date the same is presented; and for other purposes. HB 150. By Mr. Mr. Lambros of the 130th: A Bill to be entitled an Act to amend an Act establishing a municipal court of Atlanta (now the Civil Court of Fulton County), so as to provide that the compensation of the marshal and clerk of said court shall be set by the county commission; and for other purposes. TUESDAY, FEBRUARY 14, 1967 251 HB 151. By Mr. Lambros of the 130th: A Bill to be entitled an Act to amend Chapter 30-2 of the Code, relating to alimony, so as to provide that a grant of attorney's fees at any time during the pendency of a divorce action or alimony shall be a final judgment as to the amount granted; and for other purposes. HB 152. By Mr. Lambros of the 130th: A Bill to be entitled an Act to amend an Act relating to the classification of property for taxation, so as to provide that the minimum assessment for intangible tax of a taxpayer shall be the sum of One Dollar; and for other purposes. HB 153. By Mr. Lambros of the 130th: A Bill to be entitled an Act to amend Code Section 24-3410 of the Code of Georgia, relating to how costs are taxed when a case is disposed of, so as to provide that the pay of any jurors rendering a verdict in such case, shall be included in the bill of costs of such case, and shown as an item of costs therein; and for other purposes. HR 66-153. By Mr. Lambros of the 130th: A Resolution proposing an amendment to the Constitution so as to authorize Fulton County to indemnify the Tax Commissioner and his bondsman against loss through the acceptance of uncertified checks for automobile license tags, where such checks are returned as uncol lectible for any reason; and for other purposes. HR 67-153. By Mr. Lambros of the 130th: A Resolution proposing an amendment to the Constitution so as to provide a direct method of appeal and review of errors from the Criminal Court of Fulton County to the Supreme Court and Court of Appeals for the correction of errors from said court; and for other purposes. HR 68-153. By Messrs. Moore of the 12th and Mauldin of the 18th: A Resolution creating the State Claims Study Committee; and for other purposes. HR 69-153. By Mr. Harris of the 118th: A Resolution compensating Mr. Robert Wakefield; and for other pur poses. 252 JOURNAL OF THE HOUSE, HB 154. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Chapter 88-5 of the Code of Georgia, so as to provide a procedure for the restoration to sanity of a person, without regard to whether or not such person has been hospi talized in a psychiatric hospital or any other institution for the mentally ill; and for other purposes. HB 155. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Chapter 13-20 relating to the regulation of the business of banking, so as to provide for the ap plication of a deposit of a deceased depositor of funeral expenses under certain conditions; and for other purposes. HB 156. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 29-102, relating to convenants contained within a deed, so as to provide that when a grantee accepts a deed, he will be bound by the covenants contained therein; and for other purposes. HB 157. By Mr. Harris of the 85th: A Bill to be entitled an Act to amend an Act known as the "Appellate Practice Act of 1965", so as to redefine what judgments shall be subject to review; and for other purposes. HB 158. By Mr. Harris of the 85th: A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", so as to redefine the provisions relating to process and service; and for other purposes. HB 159. By Messrs. Rowland and Joiner of the 48th: A Bill to be entitled an Act to amend an Act creating the office of Tax Cmmissioner of Washington County, so as to provide for assistants within the Tax Commissioner's office; and for other purposes. HB 160. By Messrs. Henderson of the 102nd, Peterson of the 59th, Matthews of the 94th, Anderson of the 71st and others: A Bill to be entitled an Act to provide that the State Board of Edu cation shall provide for a course of instruction in all of the public schools of this State in nutrition, hygiene, etiquette and the social graces relating to the partaking of meals; and for other purposes. TUESDAY, FEBRUARY 14, 1967 253 HB 161. By Mrs. Merritt and Mr. Parker of the 68th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Suniter, and Greene, so as to change the compensation of the Chairman and the other Commissioners of the Board of Commissioners of Roads and Revenues for Sumter County; and for other purposes. HB 162. By Mrs. Merritt and Mr. Parker of the 68th: A Bill to be entitled an Act to amend an Act fixing the compensation of the Treasurer of Sumter County, so as to increase the compensation; and for other purposes. HR 70-162. By Mr. Parker of the 68th: A Resolution to amend a resolution authorizing the conveyance of a tract of State-owned property located in Sumter County, so as to authorize the conveyance by the Governor to the Housing Authority of the City of Americus, and authorizing the conveyance to the State Highway Department of an easement by the Housing Authority of the City of Americus; and for other purposes. HB 163. By Mr. Egan of the 141st: A Bill to be entitled an Act to be known as "The Georgia Small Arms Act"; and for other purposes. HB 164. By Messrs. Adams of the 125th, Irvin of the llth, Johnson of the 40th, Longino of the 122nd and others: A Bill to be entitled an Act to amend an Act which made comprehensive provision for an integrated tax administration for Georgia, so as to authorize the purchase of motor vehicles by the State Revenue Com missioner; and for other purposes. SB 4. By Senator Coggin of the 35th: A Bill to be entitled an Act to authorize the Director of the Budget to require payment for personal services within the State Government to be calculated and to be made on the basis of twenty-six pay periods per year; and for other purposes. Mr. Smith of the 3rd, Chairman of the Committee on Hygiene & Sanitation, submitted the following report: Mr. Speaker: Your Committee on Hygiene & Sanitation has had under consideration the 254 JOURNAL OP 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. 127. Do Pass. Respectfully submitted, Smith of 3rd, Chairman. Mr. Clarke of 45th 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 of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 161. Do Pass. HB 162. Do Pass. HB 143. Do Pass. HB 141. Do Pass. HB 142. Do Pass. HB 71. Do Pass. HB 159. Do Pass. HB 117. Do Pass. HB 128. Do Pass. Respectfully submitted, Clarke of 45th, Chairman. Mr. Steis of the 100th 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 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 22 Do Pass. HR 43-131. Do Pass. HR 67-153. Do Pass. Respectfully submitted, Steis of the 100th, Chairman. TUESDAY, FEBRUARY 14, 1967 255 Mr. Melton of the 34th, 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 52. Do Pass. HB 53. Do Pass, as Amended. HB 89. Do Pass. Respectfully submitted, Melton of 34th, Chairman. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has adopted the following resolutions of the House and Senate, to-wit: SR 23. By Messrs. Kidd of the 25th and Maclntyre of the 40th, and others: A Resolution commending Robert Lee (Bobby) Dodd; and for other purposes. HR 56. By Mr. Potts of the 33rd: A Resolution relative to the University of Georgia football team; and for other purposes. HR 59. By Mrs. Hamilton of the 137th, Messrs. Cook of the 123rd, Holder of the 70th, and Thompson of the 110th: A Resolution urging that venereal disease education be offered in the public schools of this State; and for other purposes. By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: 256 JOUENAL OF THE HOUSE, HB 71. By Messrs. Jones, Pickard and Buck 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 sheriff of Muscogee County, 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 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 117. By Mr. Kerksey 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 Miller County, 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 128. By Messrs. Leonard, Cole and Smith of the 3rd: A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Eton in the County of Murray, so as to change the terms of office of the mayor and aldermen; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. TUESDAY, FEBRUARY 14, 1967 257 The following Resolutions of the House were read and adopted: HR 95. By Messrs. Dean and Moore of the 20th: A RESOLUTION. Commending the Rockmart-Aragon Chamber of Commerce; and for other purposes. WHEREAS, the Rockmart-Aragon Chamber of Commerce in Polk County, Georgia, has been very active in promoting the economic and industrial development of the community it serves; and WHEREAS, it has also been active and effective in developing a sense of civic pride and responsibility among the citizens of the com munity which it serves; and WHEREAS, it has also sponsored and otherwise supported many charitable drives and other admirable community projects; and WHEREAS, the members of the Rockmart-Aragon Chamber of Commerce are some of the most outstanding citizens of Polk County. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Rock mart-Aragon Chamber of Commerce for its dedication to the betterment of the community which it serves. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit approp riate copies of this resolution to Mr. O. R. Montgomery, President of the Rockmart-Aragon Chamber of Commerce, and to Mrs. Louise Green, Executive Secretary of the Rockmart-Aragon Chamber of Commerce. HR 96. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 39th: A RESOLUTION. Expressing appreciation for the open house at the University of Georgia; and for other purposes. WHEREAS, the members of the General Assembly were guests at a most delightful open house and luncheon prior to the Georgia-Mis sissippi Football Game on October 8, 1966; and WHEREAS, the hosts on this occasion were Representatives Chappelle Matthews and Leon Farmer, Jr., of Clarke County, Senator Paul C. Broun of Clarke County, Dr. 0. C. Aderhold, President, University 258 JOURNAL OF THE HOUSE, of Georgia, Athletic Director Joel Eaves, Coach Vince Dooley, and the officials of the City of Athens; and WHEREAS, the fellowship and the luncheon were thoroughly en joyed by all who attended, and this annual affair is looked forward to with anticipation each year; and WHEREAS, the members were guests of the University and the Athletic Association for the Georgia-Ole Miss Football Game. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body hereby express their sincerest appreciation to Honorable Chappelle Matthews, Honorable Leon Farmer, Jr., Honorable Paul C. Broun, Dr. O. C. Aderhold, Mr. Joel Eaves, Mr. Vince Dooley, the officials of the City of Athens, the officials of Clarke County, the officials of the University of Georgia, and to all others who had a part in this most delightful gathering. BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate copy of this resolution to each of the above. HR 97. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 39th: A RESOLUTION. Expressing appreciation to the officials of the Georgia Institute of Technology; and for other purposes. WHEREAS, the members of the General Assembly were guests of the Georgia Institute of Technology and the Georgia Tech Athletic Association at the Georgia Tech-Penn State Football Game on Novem ber 12, 1966; and WHEREAS, this occasion and the Game were thoroughly enjoyed by all those who attended, and the members look forward to a similar affair in 1967. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body hereby express their sincerest appreciation to Dr. Edwin D. Harrison, President, Georgia Institute of Technology, Athletic Director Bobby Dodd, and the other officials of Georgia Tech for this most delightful occasion. BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate copy of this resolution to each of the above. TUESDAY, FEBRUARY 14, 1967 259 HR 98. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 39th: A RESOLUTION. Expressing appreciation to the Institute for Legislators; and for other purposes. WHEREAS, the fifth Institute for Georgia Legislators was held at the Georgia Center for Continuing Education in Athens, Georgia, December 11-13, 1966; and WHEREAS, the Institute was highly successful and all the Senators-Elect and Representatives-Elect who attended are better able to perform their duties as Legislators and, consequently, serve the people of their locality and their State in a better and more efficient manner; and WHEREAS, many hours of difficult work were necessary in order that the Institute achieve this noteworthy success. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body hereby express their deepest appreciation to Dr. O. C. Aderhold, President, University of Georgia, Dr. M. W. H. Collins, Director, Institute of Government, Mr. Harold F. Holtz, Coordinator of Governmental Train ing, the members of the Program Committee, to the participants on the program, and to all others who were instrumental in the success in the fifth Institute for Georgia Legislators. BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate copy of this resolution to each of the above. HR 99. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 39th: A RESOLUTION. Expressing condolences at the untimely passing of John K. (Jack) Williams; and for other purposes. WHEREAS, the Honorable John K. (Jack) Williams, Executive Secretary of the Georgia Association of Broadcasters, departed this life on Saturday, February 11, 1967; and WHEREAS, he was a loving and devoted son, husband, and father to his parents, Mr. and Mrs. Homer K. Williams, his lovely wife, Patricia, and his three children, Clay, John Williams, Jr., and Amanda Ann; and 260 JOURNAL OF THE HOUSE, WHEREAS, Jack Williams was always a great friend to every member of the General Assembly of Georgia, rendering service, guid ance, and advice whenever requested; and WHEREAS, he was always an asset and source of pride, honor and distinction to the industry he served so faithfully, as well as the people of Georgia; and WHEREAS, although he was born in Illinois, he came to know and love the people and soil of Georgia, possessing those qualities of humility, dignity, and honor, so admired and revered in great men; and WHEREAS, his outstanding accomplishments and achievements have been recognized by his community as well as professionally, for he was selected by the Atlanta Chamber of Cemmerce as its "Out standing Young Man of 1964", and he was cited by the GAB, in 1966, as "Broadcasting Citizen of the Year", and by the National Association of Broadcasters for outstanding contributions to the broadcasting in dustry; and WHEREAS, notwithstanding his heavy professional schedule, he still found time to assist the youth of Georgia, serving as an Assistant Professor of Journalism at Georgia State College; and WHEREAS, he will be sorely missed by all who knew, admired, and respected him as well as by his family and his industry. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body wishes to express its deep regret for the untimely passing of John K. (Jack) Williams, and that this Body joins with his family, friends, and admirers in grief at his passing; but takes comfort knowing that he is at the Right Hand of Our Lord, and that he, as well as his numerous achievements and services to the people of Georgia and his industry will long be admired and emulated. 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 his beloved widow, Patricia Williams and to his devoted children, Clay, John Williams, Jr., and Amanda Ann. HR 100. By Messrs. Starnes, Lowrey and Minge of the 13th: A RESOLUTION. Commending Harold F. Hunter, Jr.; and for other purposes. WHEREAS, Honorable Harold F. Hunter, Jr. has been awarded the Distinguished Service Award of the Rome Junior Chamber of Com merce; and WHEREAS, this award is in recognition of the outstanding achieve ments and accomplishments of this energetic and dynamic young man; and TUESDAY, FEBRUARY 14, 1967 261 WHEREAS, it is only befitting and proper that this body recognize the outstanding achievements and accomplishments of this distinguished 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 Harold F. Hunter, Jr. for the many outstanding contributions which he has made to his State and community and does hereby commend him for his distinguished public service record. 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 Harold F. Hunter, Jr. HR 101. By Mr. Magoon of the 19th: A RESOLUTION. Expressing sympathy at the passing of Major Ralph Durward Cordell of Hart County; and for other purposes. WHEREAS, Major Ralph Durward Cordell became Hart County's first casualty of the Vietnam War when he was killed in a helicopter crash on January 15, 1967; and WHEREAS, Major Cordell was a career soldier having entered the Army as a second lieutenant after graduating from North Georgia College in 1957; and WHEREAS, Major Cordell was an outstanding student and athlete at Hartwell High School and distinguished himself as a student and military cadet at North Georgia College; and WHEREAS, Major Cordell was the son of Mr. and Mrs. Ralph Cordell of Hartwell and was married to the former Miss Bobbie Gail Bishop, daughter of Mr. and Mrs. James Bishop of Hartwell; and WHEREAS, Major Cordell was the father of three lovely children: Ralph Durward, Jr. 9, James Gregory 6, and Elizabeth Gail 3. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its sincerest sympathy to the family of Major Ralph Durward Cordell. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit ap propriate copies of this resolution to Mrs. Ralph Durward Cordell and to Mr. and Mrs. Ralph Cordell of Hartwell, Georgia, Department of Military, North Georgia College. 262 JOURNAL OF THE HOUSE, HR 102. By Messrs, Levitas of the 118th, Howell of the 86th, Jones of the 112th and Mixon of the 81st: A RESOLUTION Relative to the regulation of the use of electronic eavesdropping devices; and for other purposes. WHEREAS, the House of Representatives of the General Assembly of the State of Georgia has adopted and sent to the Senate for its consideration, legislation prohibiting the use and possession of electronic eavesdropping and "bugging" devices, except for authorized law en forcement officers under strict procedural safeguards; and WHEREAS, the President of the United States has announced his intention to send to the Congress legislation dealing with the same subject matter; and WHEREAS, it is the feeling of this body that the control and enforcement of unauthorized invasions into privacy are best administered at the State and local level. NOW. THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge that each and every member of the Georgia Congressional Delegation exert their influence to see that any federal legislation in the area of regulation and control of invasions of privacy shall not pre-empt or prohibit the States from exercising concurrent jurisdiction over such subject matter. 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 and every member of the Georgia Congressional Delegation. The following Resolutions of the House were read and referred to the Committe on Rules: HR 103. By Mr. Alexander of the 133rd: A RESOLUTION Creating the Governmental Immunity Study Committee; and for other purposes. WHEREAS, the problem of governmental immunity is one which has plagued public officials and citizens during the entire course of the history of governments; and WHEREAS, there are various schools of thought concerning this subject, and many theories have been advanced concerning the proper TUESDAY, FEBRUARY 14, 1967 263 procedure relating to claims to citizens against their government, be it local, State or Federal; and WHEREAS, governmental units are oftentimes protected and granted complete immunity for tortious acts against citizens, to the detriment of citizens; and WHEREAS, it behooves the members of this body to be furnished a complete and thorough study relative to governmental immunity, particularly as applied to municipalities, counties, and the State. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Governmental Immunity Study Committee to be composed of seven members of the House, to be appointed by the Speaker. The Committee shall study the subject of governmental immunity as applied to municipalities and counties of this State, and of the State. It shall seek the advice and counsel of local and State officials and shall study the laws relative thereto and the administration thereof of other States. The members of the Committee shall receive the allowances authorized by law for members of interim committees. The Committee shall make a report of its findings and recommendations on or before December 1, 1967, 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 104. By Messrs. Lambros of the 130th and Turner of the 123rd: A RESOLUTION Requesting that the motto "Justice, Mercy and Humility" be en graved upon the face of the United States one dollar bill; and for other purposes. WHEREAS, the motto "Justice, Mercy and Humility" has since biblical times provided an indestructible guidepost for human conduct; and WHEREAS, these words embody the essentials of a framework upon which a decent and upright life may be molded; and WHEREAS, it would be appropriate that this inspiring motto appear upon the United States one dollar bill thereby reminding each and every one of us daily of these important ideals and precepts whereby we may govern our everyday activities. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body does hereby urge that the members of the Georgia Congressional Delegation exert their tremendous influence in this regard and introduce and guide through Congress the necessary legislation to have the motto "Justice, Mercy and Humil ity" imprinted upon the United States one dollar bill. 264 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 each and every member of the Georgia Congressional Delegation and to the Secretary of the Treasury, the Honorable Henry H. Fowler. The following Resolution of the House was read: HR 105. By Messrs. Lane of the 64th and Matthews of the 94th: A RESOLUTION Calling a joint session of the House of Representatives and the Senate for the purpose of hearing addresses by Governor Lurleen Wal lace and the Honorable George C. Wallace; and for other purposes. WHEREAS, the people of our sister state of Alabama, by electing Mrs. Lurleen Wallace as Governor, have overwhelmingly expressed their desire to continue the programs and policies initiated by former Governor George C. Wallace; and WHEREAS, Mr. George C. Wallace is recognized as the leading spokesman for states' rights in the United States; and WHEREAS, this distinguished and outstanding former Governor has presented the Southern viewpoint to the people in other sections of our country with uparalleled success; and WHEREAS, his persuasive reasoning was forcefully demonstrated by the votes he received in the presidential primary elections of 1964 in the States of Maryland, Indiana, and Wisconsin; and WHEREAS, the members of the General Assembly would be privileged and honored to hear addresses by both these distinguished Alabamians. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that Governor Lurleen Wallace and Hon orable George C. Wallace are each extended a most cordial invitation to address a joint session of the House and Senate at 11 o'clock a.m. February 28, 1967. 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 authorized to make whatever arrangements are necessary in order to carry out the purposes of this resolution. TUESDAY, FEBRUARY 14, 1967 265 BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit copies of this resolution to Governor Wallace and Mr. Wallace. On the question of the adoption of the privilege Resolution, there was ob jection. An amendment, offered by Mr. Bostick of the 93rd was read and lost. On the adoption of the Resolution, the ayes were 76, nays 59. The Resolution was adopted. 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. 266 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Wednesday, February 15, 1967 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. Travis McDonald, Pastor Stokesville Baptist Church, Coffee County, Georgia. Almighty God, who hast given us this good land for our heritage, we humbly beseech Thee that we may always prove ourselves a people mindful of this favor and glad to do Thy will. Bless our land with honourable industry, sound learning, and pure manners. Lord, save us from violence, discord, and confusion; from pride and arrogance and from every evil way. Defend our liberties and fashion this diverse people into one. Lord, to this end endue with the spirit of wisdom those to whom in Thy Name we entrust the authority of government . . . that there may be justice and peace at home and that through obedience to Thy law we may show forth Thy praise elsewhere. Lord, bless to our remembrance the righteous acts of men who laboured as unto the Lord from this Legislative hall in earlier days. May their labours continue to bring blessing and their foundations lain be the support for righteous edicts from those who presently bear the responsibility. Lord, by Thy Spirit lead us into the ways of righteousness that exalteth a nation for we ask it in Jesus' Name. 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. WEDNESDAY, FEBRUARY 15, 1967 267 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 226. By Messrs. Lane of the 126th, Adams of the 125th, Gates of the 123rd, 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 East Point so as to extend the corporate limits; and for other purposes. Referred to the Committee on Local Affairs. HB 227. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act supplementing the com pensation of the Ordinary of Long County, so as to change the com pensation of the Ordinary; and for other purposes. Referred to the Committee on Local Affairs. HB 228. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Long County on an annual salary in lieu of the fee system, so as to provide for the depositing of funds collected by the Sheriff; and for other purposes. Referred to the Committee on Local Affairs. HB 229. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act establishing the Com missioners of Roads and Revenues for Long County, so as to change the compensation of the commissioners; and for other purposes. Referred to the Committee on Local Affairs. HB 230. By Mr. Hale of the 1st: A Bill to be entitled an Act to amend an Act authorizing the gov erning authorities of municipalities and counties to establish planning 268 JOURNAL OF THE HOUSE, commissions, so as to remove restrictions which limit the appointment of public officials to planning commissions; and for other purposes. Referred to the Committee on State of Republic. HB 231. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 38th: 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 clarify the provisions relating to allowances and committees; and for other purposes. Referred to the Committee on State of Republic. HB 232. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 38th: A Bill to be entitled an Act to amend Code Section 47-210, relating to the salaries and fees of the Secretary of the Senate and the Clerk of the House of Representatives, so as to provide annual compensation and allowances for the Secretary of the Senate and the Clerk of the House of Representatives; and for other purposes. Referred to the Committee on State of Republic. HB 233. By Messrs. Melton of the 34th, Peterson of the 59th, Tucker of the 36th, Carnes of the 129th, and Bostick of the 93rd: A Bill to be entitled an Act to amend an Act providing for the classi fication of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes, so as to provide that motor vehicles which are purchased from a manufacturer, for the purposes of said Act, shall not be deemend to be owned until the motor vehicle is delivered to the purchaser; and for other purposes. Referred to the Committee on Ways and Means. HB 234. By Mr. Holder of the 70th: A Bill to be entitled an Act to amend an Act changing the compensation of the Ordinary of Dodge County from the fee and salary system to the salary system exclusively, so as to change the compensation of the ordinary; and for other purposes. Referred to the Committee on Local Affairs. HB 235. By Mr. Holder of the 70th: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Dodge County, so as to change the allowable WEDNESDAY, FEBRUARY 15, 1967 269 compensation of the clerk and employee of the Tax Commissioner; and for other purposes. Referred to the Committee on Local Affairs. HB 236. By Mr. Holder of the 70th: A Bill to be entitled an Act to amend an Act changing from the fee system to the salary system in the County of Dodge, the sheriff of said county and the clerk of the superior court thereof, so as to change the compensation of the sheriff and clerk of the superior court of said county; and for other purposes. Referred to the Committee on Local Affairs. HB 237. By Mr. Holder of the 70th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Dodge 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 238. By Mr. Kirksey of the 87th: A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Miller County into the office of the tax commis sioner; and for other purposes. Referred to the Committee on Local Affairs. HB 239. By Mr. Kirksey of the 87th: A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court of Seminole County, known as the fee system; and for other purposes. Referred to the Committee on Local Affairs. HB 240. By Messrs. Westlake of the 119th and Wood of the 16th: A Bill to be entitled an Act to amend Code Section 56-704, relating to unfair methods of competition and unfair acts or practices as they pertain to the insurance industry, so as to further define and prohibit unfair insurance practices; and for other purposes. Referred to the Committee on Judiciary. HB 241. By Messrs. Westlake, Davis and Higginbotham of the 119th, Malone and Smith of the 117th: A Bill to be entitled an Act to amend Code Section 39-1103, relating to the selection of the official organ of counties, so as to provide the 270 JOURNAL OF THE HOUSE, procedure for selecting the official organs of certain counties; and for other purposes. Referred to the Committee on State of Republic. HB 242. By Messrs. Mullinax and Ware of the 42nd: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of LaGrange, so as to increase the corporate limits; and for other purposes. Referred to the Committee on Local Affairs. HB 243. By Messrs. Mullinax and Ware of the 42nd: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of LaGrange, so as to increase the corporate limits; and for other purposes. Referred to the Committee on Local Affairs. HB 244. By Messrs. Richardson of the 116th, Johnson of the 25th, Savage of the 58th, Moreland of the 28th and Holder of the 70th: A Bill to be entitled an Act to provide which persons are authorized to consent to surgical or medical treatment for adults, for minors, for adults of unsound mind: to provide for consents by adoptive relations, foster, step, and half-blood relations, common-law marriage relations, ceremonial marriage relations and consents by or for illegitimate rela tions; and for other purposes. Referred to the Committee on Judiciary. Mr. Harris of the 118th asked unanimous consent that the following Bill of the House be ordered engrossed: HB 245. By Messrs. Harris and Levitas of the 118th: A Bill to be entitled an Act to prohibit the possession by any minor of liquor, beer, wine, or alcoholic beverages of any kind; and for other purposes. Referred to the Committee on Temperance. The consent was granted and HB 245 was ordered engrossed. HB 246. By Messrs. Cole, Smith and Leonard of the 3rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dalton, so as to authorize the mayor and council by WEDNESDAY, FEBRUARY 15, 1967 271 ordinance to impose, levy and collect an occupational license tax at a rate not in excess of 1 percentum of all wages for work, labor, or services performed in the City of Dalton; and for other purposes. Referred to the Committee on Ways and Means. HB 247. By Messrs. Harris and Levitas of the 118th, Jones of the 112th and Dillon of the 128th: A Bill to be entitled an Act to create and define the offense of inciting to riot; and for other purposes. Referred to the Committee on Judiciary. HB 248. By Messrs. Levitas and Harris of the 118th, Vaughn, Palmer of the 117th and others: A Bill to be entitled an Act to amend Code Section 34-602 of the Georgia Election Code relating to elector qualifications for applicants acquiring 'age and residence qualifications, so as to provide different voter registration requirements in regard to elections for presidential and vice-presidential electors and for governor and lieutenant governor; and for other purposes. Referred to the Commitee on State of Republic. HB 249. By Mr. Harris of the 85th: A Bill to be entitled an Act to amend an Act known as the "Georgia Liming Materials Act of 1963", so as to provide for additional defini tions; to include aragonite liming materials and natural or ground aragonite under such definitions; and for other purposes. Referred to the Committee on Agriculture. HB 250. By Messrs. Westlake, Higginbotham and Davis of the 119th and Smith of the 117th: A Bill to be entitled an Act to provide for a bond accountability pro cedure for certain counties; and for other purposes. Referred to the Committee on Special Judiciary. HB 251. By Mr. Mixon of the 81st: A Bill to be entitled an Act to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to provide for the election of the members of the Peanut Commission by the members of the Peanut Growers Association; and for other purposes. Referred to the Committee on Agriculture. 272 JOURNAL OF THE HOUSE, HB 252. By Messrs. Snow of the 1st, Games of the 129th, Tucker of the 36th, Adams of the 125th 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 Industry. HR 106-252. By Messrs. Pickard, Buck and Jones 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 the Muscogee County Industrial Development Authority; and for other purposes. Referred to the Committee on Local Affairs. HR 107-252. By Mr. Williams of the 16th: A Resolution compensating Ernest Dyer; and for other purposes. Referred to the Committee on Appropriations. HR 108-252. By Mr. Cook of the 123rd: A Resolution compensating MM:rs. Vonceille T. White; and for other purposes. Referred to the Committee on Appropriations. HR 109-252. By Mr. Land of the 53rd: A Resolution designating the Homer L. Chance Highway; and for other purposes. Referred to the Committee on Highways. HR 110-252. By Messrs. Ballard of the 37th, Nimmer of the 84th and Sweat of the 83rd: A Resolution proposing an amendment to the Constitution, so as to chance the jurisdiction of certain Justices of the Peace; and for other purposes. Referred to the Committee on Special Judiciary. WEDNESDAY, FEBRUARY 15, 1967 273 HB 253. By Messrs. Smith of the 3rd, Steis of the 100th, Richardson of the 116th, Mrs. Hamilton of the 137th, and Mr. Underwood of the 61st: 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 elec tions shall be regulated by the Georgia Election Code; and for other purposes. Referred to the Committee on State of Republic. HB 254. By Messrs. Murphy of the 26th, Caldwell of the 51st, Irvin of the llth and Barber of the 24th: A Bill to be entitled an Act to amend an Act known as "The Georgia Insurance Code of 1960", so as to authorize insurers to make or invest in loans guaranteed as to principal and interest by the Georgia Higher Education Assistance Corporation, to the extent of such guaranty; and for other purposes. Referred to the Committee on State of Republic. HB 255. By Messrs. Murphy of the 26th, Caldwell of the 51st, Irvin of the llth and Barber of the 24th: A Bill to be entitled an Act to amend Section 100-108 of the Code of Georgia of 1933, so as to provide that loan obligations held by State depositories guaranteed as to principal and interest by the Georgia Higher Education Assistance Corporation may be used by depositories as security for deposits of State funds to the extent of 10% of the amount of State funds on deposit with such depositories; and for other purposes. Referred to the Committee on Banks and Banking. HB 256. By Messrs. Murphy of the 26th, Caldwell of the 51st, Irvin of the llth and Barber of the 24th: 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 change provisions relating to interest on loans guar anteed by the Corporation; and for other purposes. Referred to the Committee on Banks and Banking. HB 257. By Messrs. Snow and Crowe of the 1st and Ward of the 2nd: 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 provisions of said Act the sale of water by non-profit, Georgia incorporated water associations; and for other purposes. Referred to the Committee on Ways and Means. 274 JOURNAL OF THE HOUSE, HR 111-257. By Messrs. Snow and Hale of the 1st: A Resolution authorizing and directing the State Librarian to furnish certain law books to the Lookout Mountain Judicial Circuit; and for other purposes. Referred to the Committee on Special Judiciary. HB 258. By Messrs. Egan of the 141st, Cook of the 123rd, Smith of the 54th, Lee of the 79th, and others: A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers and Consumers Sales and Use Tax Act", so as to authorize counties and certain municipalities to levy a general retail sales tax; and for other purposes. Referred to the Committee on Ways and Means. HB 259. By Messrs. Moore of the 12th, Parker of the 68th and Northcutt of the 35th: A Bill to be entitled an Act to amend an Act relating to the separate classification of motor vehicles for ad valorem tax purposes, and requiring the payment of such taxes at the time the owner makes appli cation for registration of a motor vehicle, so as to provide that county commissioners shall have the authority to spend funds to carry out said Act; 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 165. By Messrs. Lane of the 126th, Hill of the 121st, Cook, Turner and Gates of the 123rd: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point relating to a personnel board of appeals; and for other purposes. HB 166. By Messrs. Rowland and Joiner of the 48th: A Bill to be entitled an Act to amend an Act placing the sheriff of Washington County upon an annual salary, so as to change the com pensation of the Sheriff; to change the compensation of his full-time deputies and secretary; and for other purposes. HB 167. By Mr. Otwell of the 10th: A Bill to be entitled an Act to reincorporate the City of Dawsonville in the County of Dawson and to grant a new charter to said City; and for other purposes. WEDNESDAY, FEBRUARY 15, 1967 275 HB 168. By Mr. Paris of the 23rd: A Bill to be entitled an Act to provide a new charter for the City of Statham; and for other purposes. HB 169. By Messrs. Starnes, Lowrey and Minge of the 13th: A Bill to be entitled an Act to amend Code Section 24-3406 pertaining to deposit of costs required in divorce cases, so as to change the amount of deposit required to file such divorce case or proceeding; and for other purposes. HB 170. By Mr. Hall of the 67th: A Bill to be entitled an Act to amend an Act providing for a charter for the City of Smithville, so as to change the hours during which the polls for elections shall be open in said city; and for other purposes. HB 171. By Messrs. Lowrey of the 13th and Jones of the 112th: A Bill to be entitled an Act to amend an Act creating a Board of Examiners of Practical Nurses, so as to change the fee for examina tion; and for other purposes. HB 172. By Messrs. Adams of the 125th, Games of the 129th, Dillon of the 128th, Lane of the 126th, Vaughn of the 14th 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. HB 173. By Messrs. Williams of the 16th, Barber of the 24th, Rush of the 75th 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 tests to determine the alcoholic content in the defendant's blood; and for other purposes. HB 174. By Messrs. Leggett of the 21st and Gay of the 60th: A Bill to be entitled an Act to prohibit members of the Georgia State Patrol from punching or in any other way marking drivers' licenses in place of issuing warning tickets; and for other purposes. 276 JOURNAL OF THE HOUSE, HB 175. By Messrs. Lowrey, Starnes and Minge of the 13th: A Bill to be entitled an Act to amend an Act establishing law libraries in certain counties, so as to change the counties to which such Acts shall apply; and for other purposes. HB 176. By Mr. Westlake of the 119th: A Bill to be entitled an Act to amend Code Section 56-310, relating to the deposit required for foreign and alien insurers, so as to authorize the Commissioner to require additional deposits; and for other purposes. HB 177. By Messrs. Lee, Gary and Northcutt of the 35th: A Bill to be entitled an Act to amend an Act incorporating the City of Lake City in the County of Clayton, so as to change the provisions relating to the compensation of the mayor and councilmen; and for other purposes. HB 178. By Messrs. Chandler and Harrington of the 47th: A Bill to be entitled an Act to change the name of the "Milledgeville State Hospital" to "Central State Hospital"; and for other purposes. HB 179. By Mr. DeLong of the 105th: 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. HB 180. By Mr DeLong of the 105th: A Bill to be entitled an Act to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes. HB 181. By Messrs. Bennett of the 95th, Fallin of the 94th, Oglesby of the 92nd, Reaves of the 99th and others: A Bill to be entitled an Act to amend an Act providing for a salary system in lieu of a fee system for the Solicitor General of the Southern Judicial Circuit, so as to change the compensation of said Solicitor General; and for other purposes. WEDNESDAY, FEBRUARY 15, 1967 277 HB 182. By Mrs. Merritt and Mr. Parker of the 68th, Savage of the 58th, Black of the 56th and Hall of the 67th: A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Southwestern Judicial Circuit, so as to change the compensation of said official court reporter; and for other purposes. HB 183. By Mr. Lovell of the 6th: A Bill to be entitled an Act to amend an Act authorizing the Ordinary of Rabun County to additionally compensate the Secretary of the Tax Commissioner, so as to change the amount allowable for the Secretary of the Tax Commissioner; and for other purposes. HB 184. By Mr. Lovell of the 6th: A Bill to be entitled an Act to amend an Act providing a secretarial assistant for the Clerk of the Superior Court of Rabun County, so as to change the amount of compensation to be paid to the secretary of the clerk of the superior court; and for other purposes. HB 185. By Messrs. Lee, Gary and Northcutt of the 35th: A Bill to be entitled an Act to amend an Act creating the Clayton Judicial Circuit, so as to change the compensation of the Solicitor General; and for other purposes. HB 186. By Messrs. Lee, Gary and Northcutt of the 35th: A Bill to be entitled an Act to repeal all Acts relating to the incorpora tion of the Town of Lovejoy; and for other purposes. HB 187. By Messrs. Lee, Gary and Northcutt of the 35th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Fayette County, so as to correct a typographical error; and for other purposes. HB 188. By Mr. Lovell of the 6th: A Bill to be entitled an Act to amend an Act providing for compensa tion for the Ordinary of Rabun County and compensation for secre tarial assistance to the Ordinary, so as to change the compensation authorized for the secretary of the ordinary; and for other purposes. HB 189. By Mr. Smith of the 44th: A Bill to be entitled an Act to provide for the election of members of the Board of Education of Pike County; to provide for education districts; and for other purposes. 278 JOURNAL OP THE HOUSE, HB 190. By Mr. Smith of the 44th: A Bill to be entitled an Act to amend the Charter of the Town of Williamson so as to change the method of electing councilmen and their terms of office; and for other purposes. HB 191. By Messrs. Westlake, Davis and Higginbotham of the 119th, Smith and Malone of the 117th: A Bill to be entitled an Act to amend an Act revising the laws relating to the governing authority of DeKalb County and creating a Board of Commissioners of Roads and Revenues, so as to change the method of electing certain members; and for other purposes. HB 192. By Messrs. Westlake, Davis and Higginbotham of the 119th, Smith and Malone of the 117th: A Bill to be entitled an Act to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected and providing for the terms and methods of electing such members, so as to change the terms of office; and for other purposes. HB 193. By Messrs. Westlake, Davis and Higginbotham of the 119th, Smith and Malone of the 117th: A Bill to be entitled an Act to change the method of electing members of the Board of Education of DeKalb County; and for other purposes. HB 194. By Messrs. Harris of the 85th and Harris of the 118th: A Bill to be entitled an Act to amend an Act revising pretrial, trial and certain post trial procedure in civil cases known as the "Georgia Civil Practice Act", so as to postpone the effective date of said Act; and for other purposes. HB 195. By Mr. Smith of the 44th: A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Pike County into the office of the tax commissioner; and for other purposes. HB 196. By Mr. McClatchey of the 138th: A Bill to be entitled an Act to further regulate the incorporation and renewal of charters of credit unions; and for other purposes. WEDNESDAY, FEBRUARY 15, 1967 279 HB 197. By Messrs. Roach of the 15th and Otwell of the 10th: A Bill to be entitled an Act to provide for one additional Judge of the Superior Court of the Blue Ridge Judicial Circuit; and for other purposes. HB 198. By Mr. McClatchey of the 138th: A Bill to be entitled an Act to provide for the liquidation of credit unions; and for other purposes. HB 199. By Messrs. Harris of the 118th, Barber of the 24th, Hale of the 1st and Steis of the 100th: A Bill to be entitled an Act to define dual control driver education motor vehicles; and for other purposes. HB 200. By Messrs. Scarlett and 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 of Glynn County, so as to provide for a five-member Board; and for other purposes. HB 201. By Messrs. Levitas, Harris and Walling of the 118th, Palmer, Malone and Smith of the 117th, Jenkins, Westlake, Davis and Higginbotham of the 119th: A Bill to be entitled an Act to amend Code Chapter 26-69, relating to the crimes of disturbing divine service or societies, so as to provide that it shall be unlawful for any person to deface or desecrate a place or building used regularly for divine worship; and for other purposes. HB 202. By Messrs. Lovell of the 6th, Moore of the 12th and Irvin of the llth: A Bill to be entitled an Act to amend an Act creating the Mountain Judicial Circuit, so as to change the terms of court for said counties comprising said circuit; and for other purposes. HB 203. By Messrs. Palmer, Vaughn and Malone 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 automatic signalling devices at grade crossings of municipal streets; and for other purposes. HB 204. By Messrs. Barber of the 24th, Matthews and Farmers of the 29th: A Bill to be entitled an Act to amend an Act entitled "Minimum Founda tion Program of Education Act", so as to provide that budgets of 280 JOURNAL OP THE HOUSE, school districts borrowing funds for operations may include in esti mated receipts one-half of the estimated school tax revenue from county ad valorem levies for the calendar year in which the school districts' budget year ends; and for other purposes. HB 205. By Messrs. Douglas and Gay of the 60th: A Bill to be entitled an Act to amend Code Section 34-705(a), which relates to the selection of polling places by the Ordinary; and for other purposes. HB 206. By Mr. Crowe of the 80th: A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Worth County into the office of the tax commis sioner; and for other purposes. HB 207. By Mr. Crowe of the 80th: A Bill to be entitled an Act to abolish the present mode of compensat ing the Ordinary of Worth County, known as the fee system; and for other purposes. HB 208. By Mr. Crowe of the 80th: A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court of Worth County, known as the fee system; and for other purposes. HB 209. By Mr. Reaves of the 99th: A Bill to be entitled an Act to implement the provisions of Article VII, Section V, Paragraph I of the Constitution, relating to the Brooks County Development Authority; to provide for the membership of said authority; and for other purposes. HR 72-209. By Mr. Underwood of the 61st: A Resolution compensating Miss Kathleen A. Conner and Mrs. Mattie C. Finch; and for other purposes. HR 73-209. 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. WEDNESDAY, FEBRUARY 15, 1967 281 HR 74-209. By Mr. Davis of the 119th: A Resolution compensating the Kendall Company; and for other pur poses. HR 75-209. 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 adopt build ing, electrical, and other similar codes, to adopt planning and zoning ordinances and to regulate construction of all types by requiring build ing permits; and for other purposes. HR 76-209. 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 adopt building, electrical, and other similar codes, to adopt planning and zoning ordi nances and to regulate construction of all types by requiring building permits; and for other purposes. HR 77-209. By Mr. Kaylor of the 4th: A Resolution compensating Mr. Glenn Douglas Cook; and for other purposes. HR 78-209. By Mr. Harrison of the 98th: A Resolution proposing an amendment to the Constitution so as to change the membership of the Camden County Development Authority; and for other purposes. HR 79-209. By Messrs. Johnson of the 40th, Williams of the 16th, Anderson of the 71st, Cole of the 3rd, Nimmers of the 84th and others: A Resolution creating the Governor's Traffic Safety Study Committee; and for other purposes. HR 80-209. By Mr. Leggett of the 21st: A Resolution compensating Mr. Phillip T. Glover and his father, Mr. M. T. Glover; and for other purposes. HR 81-209. By Mr. Laite of the 109th: A Resolution compensating Albert T. Newberry; and for other pur poses. 282 JOURNAL OP THE HOUSE, HR 82-209. By Mr. Laite of the 109th: A Resolution compensating Grantham Transfer & Storage Company, Inc.; and for other purposes. HR 83-209. By Messrs. Chandler and Harrington of the 47th: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to fix the exemption of the homestead from certain ad valorem taxes from $2,000 to $4,000; and for other purposes. HR 84-209. By Messrs. Chandler and Harrington of the 47th: A Resolution authorizing the disposal of a tract of land owned by the State of Georgia located in Baldwin County; and for other purposes. HR 85-209. By Messrs. Harris and Levitas of the 118th, Barber of the 24th and Smith of the 54th: A Resolution designating Georgia Authors' Week; and for other pur poses. HR 86-209. By Messrs. Harris and Scarlett of the 85th, Nessmith of the 64th and Harrison of the 98th: 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. HR 87-209. By Messrs. Odom of the 79th and Murphy of the 26th: A Resolution to create an interim study committee to study the feasi bility and practically of reorganizing the State and County Depart ments of Family and Children Services; and for other purposes. HB 210. By Messrs. Harrison of the 98th, Branch of the 74th, Thomas of the 77th, Searlett and Harris of the 85th and Conner of the 91st: A Bill to be entitled an Act to add one additional judge of the superior courts of the Brunswick Judicial Circuit; and for other purposes. HB 211. By Messrs. Harris, Walling and Levitas of the 118th, Palmer, and Vaughn of the 117th: A Bill to be entitled an Act to provide for an advisory referendum election to be held in DeKalb County, for the purpose of ascertaining WEDNESDAY, FEBRUARY 15, 1967 283 whether the county-manager form of county government is desired by the people of such county; and for other purposes. HB 212. By Mr. Leonard of the 3rd: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Chatsworth, so as to change the corporate limits of said city; and for other purposes. HB 213. By Messrs. Games of the 129th and Adams of the 125th: A Bill to be entitled an Act to provide that it shall be unlawful for minors to possess or consume any spirituous, malt or vinuous liquors; and for other purposes. HB 214. By Messrs. Games of the 129th, Peterson of the 59th, Harris of the 85th, Farrar of the 118th, Dillon of the 128th and others: A Bill to be entitled an Act to amend an Act relating to the Special Master Procedure of exercising the powers of eminent domain, so as to redefine the term "Condemning Body"; and for other purposes. HB 215. By Messrs. Jones and Buck of the 112th, Thompson of the llth, and Thompson of the 110th: A Bill to be entitled an Act to amend an Act known as "The Children and Youth Act", so as to provide that the provisions relating to un licensed placement of children for care or adoption shall be inappli cable to a properly licensed Attorney at Law while acting within the scope of his professional capacity; and for other purposes. HB 216. By Messrs. Jones of the 112th and Smith of the 3rd: A Bill to be entitled an Act to regulate the practice of Orthotics and Prosthetics; and for other purposes. HB 217. By Mr. Jones of the 112th: A Bill to be entitled an Act to make it unlawful for persons to leave children under the age of ten years unattended in a parked vehicle; and for other purposes. HR 88-217. By Mr. Leonard of the 3rd: A Resolution to compensate Mr. Howell S. Wilson; and for other pur poses. 284 JOURNAL OF THE HOUSE, HR 89-217. By Mr. Jones of the 112th: A Resolution compensating Mr. James E. Crenshaw; and for other purposes. HR 90-217. By Mr. Jones of the 112th: A Resolution compensating Mr. William F. Hysmith; and for other purposes. HR 91-217. By Mr. Lambert of the 38th: A Resolution compensating Mr. Dewey Newton; and for other purposes. HB 218. By Mr. Richardson of the 116th: 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 apportioning membership in the House of Representatives for Chatham County; and for other purposes. HB 219. By Messrs. Dillon of the 128th, Carnes of the 129th, Lambros of the 130th, Adams of the 125th, Hood of the 124th, and others: A Bill to be entitled an Act to provide for the defense of indigents in certain counties of this State having a population of not less than 500,000; and for other purposes. HR 92-219. By Mr. Gaynor of the 114th: A Resolution compensating Mr. Raymond E. O'Brien; and for other purposes. HR 93-219. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st, Cooper of the 103rd and Leggett of the 21st: A Resolution proposing an amendment to the Constitution so as to change the jurisdiction of justices of the peace in civil cases; and for other purposes. HB 220. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st, Cooper of the 103rd and Leggett of the 21st: A Bill to be entitled an Act to amend Code Section 24-1103, relating to deposit of costs by a non-resident plaintiff, so as to require every plaintiff to make a deposit on account of costs when he files his suit; and for other purposes. WEDNESDAY, FEBRUARY 15, 1967 285 HB 221. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st and Cooper of the 103rd: A Bill to be entitled an Act to amend an Act providing that no person shall be elected ordinary of a county having a population of 100,000 or more except under certain conditions, so as to provide that the pro visions of said Act shall not apply to any person who is now holding or has held the office of ordinary in any county having a population of not less than 110,000 nor more than 120,000; and for other purposes. HR 94-221. By Mr. Bray of the 43rd: A Resolution proposing an amendment to the Constitution so as to create the Meriwether County Development Authority; and for other purposes. HB 222. By Mr. McCracken of the 49th: A Bill to be entitled an Act to amend an Act entitled "An Act creating the City Court of Louisville . . .", so as to change the compensation of the Judge and Solicitor of said Court; and for other purposes. HB 223. 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, so as to change the compensation of the Mayor and Councilmen; and for other purposes. HB 224. By Mr. Jones of the 112th: A Bill to be entitled an Act to regulate retail installment and home solicitation sales and for the financing thereof; and for other purposes. HB 225. By Mr. Jones of the 112th: A Bill to be entitled an Act to regulate the sales and financing of motor vehicles; and for other purposes. 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: 286 JOURNAL OF THE HOUSE, HB 42. Do Pass. HB 176. Do Pass. Respectfully submitted, Leonard of 3rd, Secretary. 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 has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 83. Do Pass, as Amended. HB 201. Do Pass. HR 85-209. Do Pass. HB 156. Do Pass. HB 154. Do Pass. HB 214. Do Pass. HB 215. Do Pass. Respectfully submitted, Harris of 118th, Chairman. Mr. Clarke of 45th 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 167. Do Pass. HB 186. Do Pass. HB 166. Do Pass. HB 206. Do Pass. HB 212. Do Pass. WEDNESDAY, FEBRUARY 15, 1967 287 HB 183. Do Pass. HB 165. Do Pass. HB 184. Do Pass. HB 195. Do Pass. HB 219. Do Pass. HB 222. Do Pass. HB 177. Do Pass. HB 188. Do Pass. HB 170. Do Pass. HB 200. Do Pass. HB 190. Do Pass. HB 187. Do Pass. HB 189. Do Pass. HB 207. Do Pass. HB 208. Do Pass. HB 175. Do Pass. HB 209. Do Pass. HB 101. Do Pass. HB 102. Do Pass. HB 79. Do Pass. HB 135. Do Pass. HB 113. Do Pass. HB 133. Do Pass. HB 77. Do Pass. HB 104. Do Pass. HB 150. Do Pass. HB 185. Do Pass. HB 182. Do Pass. HB 223. Do Pass. HB 129. Do Pass, by Committee Substitute. HR 94-221. Do Pass. HR 75-209. Do Pass. 288 JOURNAL OF THE HOUSE, HR 76-209. Do Pass. HR 78-209. Do Pass. Respectfully submitted, Clarke of 45th, Chairman. Mr. Steis of 100th 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 210. Do Pass. Respectfully submitted, Steis of 100th, Chairman. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the follow ing Bills of the House and Senate, to-wit: SB 7. By Senator Hill of the 29th: A Bill to provide a new charter for the City of Greenville; to repeal conflicting laws; and for other purposes. SB 47. By Senators Hensley of the 33rd, Chapman of the 32nd: A Bill creating the Cobb County-Marietta Water Authority, so as to change the compensation of the Authority members; to require that contractors who are awarded contracts by the Authority shall give bond in an amount equal to the amount of the bid; and for other purposes. HB 2. 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. WEDNESDAY, FEBRUARY 15, 1967 289 HB 10. By Messrs. Richardson and Battle of the 116th, and others: A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Pooler, so as to extend the corporate limits of said town; and for other purposes. HB 29. 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 31. By Mr. Rush of the 75th: A Bill to be entitled an Act to abolish the present mode of compensat ing the Coroner of Tattnall County, known as the fee system; and for other purposes. HB 32. 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. The Senate has passed as amended by the requisite constitutional majority the following Bill of the House, to-wit: HB 9. By Messrs. Richardson and Battle of the 116th, and others: A Bill to be entitled an Act to amend an Act to implement the pro visions of Article 5, Section 7, Paragraph 2, of the Constitution of the State of Georgia which created the Savannah District Authority, so as to provide for the expiration date of the terms of office of cer tain members; and for other purposes. By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 77. By Mr. Adams of the 125th: 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, the office of Jus tice of 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. 290 JOURNAL OF THE HOUSE, On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 79. By Messrs. Longino of the 122nd, Turner, Cook and Gates of the 123rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fairburn, so as to allow the governing body of the City of Fairburn, the Mayor and Council, to fix the pay and salaries of said Mayor and Council within a provided maximum; and for other purposes. The report 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 101. By Messrs. Lane of the 126th, Cook, Turner and Gates of the 123rd, and Hill of the 121st: A Bill to be entitled an Act establishing a new charter for the City of East Point in Fulton County relating to elections and primaries for members of the City Council; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 102. By Messers. Lane of the 126th, Cook, Turner and Gates of the 123rd, and Hill of the 121st: A Bill to be entitled an Act establishing a new charter for the City of East Point in Fulton County relating to the power and authority of the Governing Authority; and for other purposes. WEDNESDAY, FEBRUARY 15, 1967 291 The report 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 104. By Messrs. Pickard, Jones and Buck of the 112th, Thompson and Berry of the 110th, Shields and Thompson of the lllth: A Bill to be entitled an Act to amend Code Section 21-105 relating to fees paid to coroners in certain counties, so as to provide that in such counties the annual salary shall be $4,200.00 to be paid in equal monthly installments; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 113. By Mr. Vaughn of the 117th: A Bill to be entitled an Act creating the Office of Tax Commissioner of Rockdale County, so as to provide for the disposition of certain fees and commissions formerly allowed the Tax Commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority was passed. HB 129. By Messrs. Northcutt, Lee and Gary of the 35th: A Bill to be entitled an Act to amend an Act creating and incorporat ing the City of Mountain View, approved February 23, 1956, so as to 292 JOURNAL OP THE HOUSE, prescribe and define the corporate limits of said city; and for other purposes. The following Committee substitute was read and adopted: A BILL To be entitled an Act to amend an Act creating and incorporating the City of Mountain View, approved February 23, 1956 (Ga. Laws 1956, p. 2518), so as to limit the millage which may be levied by the governing authority of said City after such taxation has been approved by a majority of the qualified voters of said City; to provide for the qualification of voters in any such election; to provide that the mayor and councilman shall serve without compensation; to provide for an annual audit; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. An Act creating and incorporating the City of Moun tain View, approved February 23, 1956 (Ga. Laws 1956, p. 2518), is hereby amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: "Section 7. Said mayor and council shall have the right to require a license to conduct any and/or all types and kinds of business or businesses in said city, and set the cost and/or fee for such license; but no ad valorem tax shall ever be levied until such taxation has been approved by a majority of those voting in a referendum called for that purpose in which referendum election only properly registered voters of Clayton County and the City of Mountain View shall be allowed to vote. The maximum millage which tne mayor and council shall be authorized to levy shall in no event exceed five (5) mills. If such ad valorem tax is voted, the mayor and council are hereby authorized to set up the neces sary method for making tax returns, issuing fi. fas., collecting such fi. fas. by selling real or personal property to satisfy the same, and authorizing the marshal to make and execute deeds of title to the purchaser of such property at such tax sale. All of such sales shall be held on the first Tuesday in each month, be tween the hours of 10:00 A.M. and 4:00 P.M. at the place of hold ing the elections for said city. Personal property may be sold by advertising the same by posting three notices in said city 10 days before such sale, and real property may be sold after advertising the same for four weeks in a newspaper published in said county." Section 2. Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows: "Section 11. The mayor and councilmen of the City of Moun tain View shall receive no compensation for their services." WEDNESDAY, FEBRUARY 15, 1967 293 Section 3. Said Act is further amended by adding a new Section immediately following Section 11 to be known as Section 11 (a) to read as follows: "Section 11 (a) The mayor and council of the City of Moun tain View are hereby authorized and directed to employ a certified public accountant to audit the books and records of the City of Mountain View on an annual basis. The certified public accountant shall audit the records as of the close of business on December 31 of each year, and as soon as practicable thereafter he shall sub mit a copy of the audit and summary thereof to the mayor and council. The audit and summary shall be available for public inspection by the citizens of said City at all times during rea sonable working hours." Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 133. By Messrs. Cole, Smith and Leonard of the 3rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dalton, so as to provide for a term of office of four years for the Mayor, the Councilmen from the first, second, third, and fourth wards; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 135. By Mr. Lovell of the 6th: A Bill to be entitled an Act to repeal an Act providing that the clerk of the superior court shall attend the trial in the court of ordinary 294 JOURNAL OF THE HOUSE, of all cases for violation of all traffic laws in certain counties; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 141. By Mr. Steis of the 100th: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Hamilton, so as to change the compensation of the mayor and councilmen; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 142. 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 Byron, so as to change the method of electing the mayor and aldermen; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 143. 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 provide for an allowance for uniforms; and for other purposes. WEDNESDAY, FEBRUARY 15, 1967 295 The report 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 150. By Mr. Lambros of the 130th: A Bill to be entitled an Act to amend an Act establishing a municipal court of Atlanta (now the Civil Court of Pulton County), so as to provide that the compensation of the marshal and clerk of said court shall be set by the county commission; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 159. By Messrs. Rowland and Joiner of the 48th: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Washington County, so as to provide for assistants within the Tax Commissioner'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. HB 161. By Mrs. Merritt and Mr. Parker of the 68th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Floyd, Berrien, Effingham, Schley, Sumter and Greene, so as to change the 296 JOURNAL OF THE HOUSE, compensation of the Chairman and the other Commissioners of Board of Commissioners of Eoads and Revenues for Sumter County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 162. By Mrs. Merritt and Mr. Parker of the 68th: A Bill to be entitled an Act to amend an Act fixing the compensation of the Treasurer of Sumter County, so as to increase the compensation; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed. The following Resolution of the House was read and adopted: HR 112. By Messrs. Jordan of the 82nd, Smith of the 44th, Tucker of the 36th, Busbee of the 79th, Barber of the 24th and many others: A RESOLUTION Expressing sympathy for the untimely passing of the Honorable George Joel Williams; and for other purposes. WHEREAS, on October 2, 1966, the Honorable George Joel Wil liams departed this life; and WHEREAS, during his long and distinguished career as an edu cator, business and civic leader, George Williams gave freely of his time and energies in public service to the citizens of his community and State; and WEDNESDAY, FEBRUARY 15, 1967 297 WHEREAS, even after giving up the active practice of teaching, his life-long devotion to education did not wane and he served as a member and as the Chairman of the Board of Trustees for Satilla High School; and WHEREAS, he was vitally concerned with improving the lot of Georgia farmers and in this regard served on the Board of Directors of the Farm Bureau for many years and served as President and a member of the Board of Directors of the Farmers Mutual Exchange Corporation; and WHEREAS, even with his various professional and civic duties and responsibilities, his service to his church was always of prime importance, manifesting itself in his position as Chairman of the Board of Deacons of the Stokersville Baptist Church; and WHEREAS, he was an honored, respected and esteemed member of the House of Representatives from 1959 until his untimely passing, and will be sorely missed by his family, the members of this body, as well as the citizens of Coffee County who he so ably represented. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and sincerest regrets at the passing of this outstanding and distin guished citizen of the State of Georgia and does hereby extend to Mrs. Mary Williams, his wife and his children, Rosemary and George Joel, Jr., its most heartfelt sympathy for the loss of their beloved hus band and father. 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 family of Honorable George Joel Williams. The following Resolution of the House was read: HR 113. By Messrs. Bostick of the 93rd, Bennett of the 95th, Jordan of the 82nd and Barfield of the 95th: A RESOLUTION Commending his excellency the Governor of Georgia; and for other purposes. WHEREAS, the Honorable Lester G. Maddox has recently been elected as Governor of the sovereign State of Georgia, and one of the major planks of his platform was increased assistance to education in this State; and WHEREAS, the key to improved education is to obtain the highest qualified teachers for the educational systems of this State; and 298 JOURNAL OF THE HOUSE, WHEREAS, this year Georgia teachers will still be paid $925.00 per year below the national average paid to school teachers, and this can only result in an acute shortage of qualified classroom teachers; and WHEREAS, this shortage has already resulted in (a) overcrowded classrooms, and (b) the necessity of using teachers with below standard qualifi cations; and WHEREAS, because of the low salary, Georgia teachers are forced to leave their chosen profession for more lucrative employment; and WHEREAS, Georgia teachers are also being lost to the educational systems of our sister states because these systems are paying higher salaries; and WHEREAS, because of such low salary, young persons are reluc tant to enter the teaching profession in Georgia; and WHEREAS, because of such low salary, teachers presentedly em ployed are prevented from enrolling in graduate educational courses which would increase their qualifications; and WHEREAS, because of such low salaries, there is especially an acute shortage of needed male teachers in the Georgia education sys tem; and WHEREAS, these reasons have resulted in a below standard sys tem of education for the youth of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body wishes to commend his excel lency the Governor for the interest he has shown in the educational needs of this State and for the promises he has made to assist in the improvement of education in this State. BE IT FURTHER RESOLVED that this body respectfully re quests his excellency the Governor to use the influence of his office, as well as his personal influence, to insure that Georgia teachers will receive a $1200.00 increase in salary this year, and that their salaries will, at least, he equal to the national average. The following amendment was read and adopted: Mr. Jordan of the 82nd wishes to amend HR 113 by inserting the words "across the board" between the figure $1200.00 and the word increase in the last paragraph of said Resolution. WEDNESDAY, FEBRUARY 15, 1967 299 The Resolution, as amended, was adopted. Mr. Harris of the 118th asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Judiciary and referred to the Committee on Hygiene and Sanitation: HB 216. By Messrs. Jones of the 112th and Smith of the 3rd: A Eill to be entitled an Act to regulate the practice of Orthotists and Prosthetists; to provide for a short title; to define certain terms; to create a Board of Orthotists and Prosthetists; and for other purposes. The consent was granted and HB 216 was ordered withdrawn and referred to the Committee on Hygiene and Sanitation. Mr. Punk of the 116th arose to a point of personal privilege and addressed the House. Mr. Roach of the ISth asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Local Affairs and referred to the Committee on Special Judiciary: HB 197. By Messrs. Roach of the 15th and Otwell of the 10th: A Bill to be entitled an Act to provide for one additional Judge of the Superior Court of the Blue Ridge Judicial Circuit; and for other purposes. The consent was granted, and HB 197 was ordered withdrawn and referred to the Committee on Special Judiciary. By unanimous consent, the following Bills of the Senate were introduced, read the first time and referred to the committees: SB 7. By Senator Hill of the 29th: A Bill to be entitled an Act to provide a new charter for the City of Greenville; and for other purposes. Referred to the Committee on Local Affairs. SB 47. By Senators Hensley of the 33rd and Chapman of the 32nd: A Bill to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, so as to change the compensation of the Authority members; to require that contractors who are awarded con- 300 JOURNAL OF THE HOUSE, tracts by the Authority shall give bond in an amount equal to the amount of the bid; and for other purposes. Referred to the Committee on Local Affairs. Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 125. By Messrs. McClatchey of the 138th, Adams of the 125th, Dillon of the 128th, Dougherty of the 134th, Alexander of the 133rd, Games of the 129th and Mrs. Hamilton of the 137th: A Bill to be entitled an Act to amend Code Section 59-202 which relates to the number of grand jurors by changing the number of grand jurors; and for other purposes. The report 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 14. The Bill, having received the requisite constitutional majority, was passed. HB 43. By Messrs. Westlake and Higginbotham of the 119th and Smith of the 117th: 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 lia bility for any person who shall render assistance to any law enforce ment officer who is being hindered or whose life is being endangered; and for other purposes. Mr. Westlake of the 119th asked unanimous consent that further action on this Bill be postponed until February 16th. The consent was granted, and HB 43 was postponed. The following communication from the State Election Board was received: WEDNESDAY, FEBRUARY 15, 1967 301 SECRETARY OF STATE Atlanta February 13, 1967 Honorable Geo. L. Smith II Speaker of the House Georgia House of Representatives 332 State Capitol Atlanta, Georgia 30334 Dear Sir: I am enclosing herewith the report of the State Election Board. This report is being made to the General Assembly. BWF:bp Encs. Sincerely yours, Secretary of State Chairman, State Election Board REPORT TO THE GENERAL ASSEMBLY FROM STATE ELECTION BOARD 1966-67 In accordance with Section 34-202(e) of the Georgia Election Code, the State Election Board wishes to make the following report to the General Assembly relative to its activities during the past year and making its recommendations relative to the conduct and administration of primaries and elections. Under Section 34-202 of the Georgia Election Code the main duties of the State Election Board are outlined. This report will follow the four main duties as outlined under this section, giving a resume of the Board's activities under each section and stating plans or recommenda tions for future action. I. "To so coordinate the work of the Secretary of State, the ordi naries, the poll officers, and other officials, as to obtain uniformity in their practices and proceedings and legality and honesty in all elec tions." (Section 34-202(a)) A. Attached to this report are copies of letters sent by the Chairman to ordinaries, registrars, and election officials under this provision during the past year. The Chairman also spoke to the Ordinary's Institute at the University of Georgia, and has spoken to many other groups. He has also appeared on numerous television and radio programs prior to the recent elections to ex plain provision of the Election Code and court decisions pertain ing to write-in votes, split-ticket voting, correct votomatic pro cedures, etc. 302 JOURNAL OF THE HOUSE, B. One of the most important responsibilities of the State Election Board is to assure that election officials are fully ac quainted with the law and election procedures. It is therefore the intent of the Board to set up leadership training sessions for elec tion officials in each Congressional District during the next few months. It is hoped that instructional film strips may be developed to use in such sessions. A recent appropriation from the Governor's emergency fund has for the first time made it possible to hold training sessions over the entire state. C. Plans are under way to prepare simplified instructional manuals for use of election officials for each of the three methods of voting used in Georgia, as well as a manual for electors. D. An index was prepared for the Georgia Election Code, and indexed copies of the Code were furnished to all ordinaries, regis trars, clerks of the courts, Judges, solicitors, and other election officials. The Code was available upon request to any elector in the State. Some 10,000 copies of the Code have been distributed by the Secretary of State to date. II. "To formulate, adopt and promulgate such rules and regula tions, consistent with law, as will be conducive to the fair, legal and orderly conduct of 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, provided, however, no rule or regulation shall be effective until sixty days after the same shall have been adopted and promulgated." (Section 34-202(b)) In its new duties and under a new Election Code the Board has felt that some experience was necessary before rules and regulations should be drawn up. It is felt that some of the more technical prob lems which arose during the recent elections might be effectively met by rules and regulations rather than by further enactments of law. Some of the categories to which the Board will give further study and may wish to make rules and regulations prior to the next election are: (1) Training of all poll workers, with special instruction for precinct managers and computer center workers; (2) development of standards and procedures pertaining to the use of vote recorders; (3) more exact instructions on in-state absentee ballots so that jurats may be more correctly filled out (a survey of several counties showed that about 10% of absentee ballots returned in the recent General Election were disqualified because of improperly executed jurats) ; (4) requir ing of a demonstration voting machine device or a demonstration vote recorder in each precinct, with a demonstration offered to each voter (the need for better instruction of voters in counties using voting machines and vote recorders was pointed out by a number of groups and individuals at the Board's public hearing) ; (4) requiring of regis trars to enclose a letter to postmasters along with absentee ballots mailed outside the state. The letter should cite the Georgia law require ments for execution of the jurat and point out that notary publics may not execute such jurats (several cases where postmasters in other state refused to execute the jurat for absentee Georgia electors have been pointed out to the Board). WEDNESDAY, FEBRUARY 15, 1967 303 III. "To investigate when necessary or advisable the administration of election laws, and frauds and irregularities in elections and to report violations of the elections laws to the appropriate solicitor-general for further investigation and prosecution. The findings of such an investi gation and any report concerning same shall not be publicly disclosed unless ordered by the grand jury of the county in which the alleged fraud or irregularity occurred within twelve months from the time the report is submitted as provided herein, except the same may be made public prior thereto in a court of law when relevant to a proceeding therein." (34-202(d)>. Two public hearings were held by the Board following the Novem ber General Election and Run-Off. One was held in Atlanta on Decem ber 1, 1966, and one in Savannah on December 30, 1966. Following these hearings the Board reviewed each complaint of election law violation, whether it was made orally or in writing. Each complaint was compiled by county and citation made of appropriate Code sections covering the alleged violation of law. A sheet of all alleged violations was then made up for each county in which violations were reported. These county sheets were then compiled into a general report for the entire state. All ordinaries were sent a copy of this report (see attached "Exhibit 'A', Complaints Made at Public Hearings in Atlanta, Georgia, on December 1, 1966") along with a letter from the Chairman of the State Election Board (copy attached). Where alleged violations were reported in the particular county, a sheet was enclosed listing each complaint and citing applicable Code sections. Where affidavits or substantiating evidence was available, this information was sent with a letter to the appropriate solicitor-general for his further investigation and possible prosecution. In accordance with the spirit of Section 34-202(d) these reports to the solicitors-general are not being publicly disclosed, but the general letter sent the solicitor in each circuit is attached for your information. IV. "To make such recommendations as it may deem advisable to the General Assembly relative to the conduct and administration of primaries and elections." (Section 34-202(e)). The public hearings held following the recent elections have pointed out the need for a number of changes or additions to the Georgia Election Code. The Board would therefore like to make the following recommendations relative to the conduct and administration of primaries and elections: A. That legislation be enacted to bring municipal primaries and elections under the general provisions of the Georgia Election Code. The Board recommends and endorses the Bill drawn up by the House Municipal Election Laws Study Committee which will be introduced during this session of the General Assembly. It is our understanding that this Bill has been prepared with the full cooperation of the Georgia Municipal Association and that a reso lution was passed by that Association at its annual Convention in Columbus in June 1966 supporting and recommending the passage of this Bill. B. The above-cited Bill also contains a proposal to enlarge the State Election Board from three to five members by including as 304 JOURNAL OF THE HOUSE, voting members a representative from each political party. At present the Board has an advisor from each party. Rep. Michael Egan and Rep. Bob Walling represent the Republican and Demo cratic parties respectively. They have made valuable contributions to the work of the Board, but with the advent of state-wide twoparty elections, it seems advisable to assure bi-partisanship in the make-up of the Board and to give each party a vote in decisions made by the Board. C. The Board wishes to recommend that the method of marking ballots for primaries and general elections be made consistent by providing for marking with an X or a check mark by the name of the candidate for whom the voter wishes to vote. (This provision is also contained in the bill cited under Section A.) D. Recommend that the General Assembly give serious con sideration to requiring registration by party, providing that political parties as defined under the General Election Code must qualify their candidates by primary, and that the costs of such primaries be borne by the counties and state. The Board realizes that these are far-reaching and controversial proposals. However, study indi cates that most two-party states have found such provisions to be desirable and necessary. If a political party is to choose its own candidates, then it certainly makes sense to provide that members of other parties may not participate in the selection. Where one party uses primarily the convention or petition method of selection for its candidates, and the other party uses the pri mary method, members of the former party may participate in the selection of candidates for both parties. But conversely, the members of the latter party are not allowed to participate in the selection of candidates nominated by the other party's convention. Conventions offer a cheaper method of candidate selection, but they have the disadvantage of not allowing as many people to participate as does a primary. It has often happened that small groups, rather than a majority of the party's members, select the party's candidates in convention. If primaries for political parties are not made mandatory, then the Board would recommend that legislation be enacted setting forth the requirements for repre sentative party conventions (the present law does not specify how such conventions shall be constituted, and the Secretary of State is asked, without proper laws to guide him, to judge whether to certify such convention nominees). Since primaries are an integral part of the election process, it is felt that the costs should be borne in the same manner as election costs. This would have the added advantage of allowing well-trained election officials to hold all primaries and elections in a uniform manner. Consideration should be given to cutting costs in every way possible--by the elimination of names from the ballot where only one person qualifies for an office in the primary by the time of closing for qualifications, and by providing that a primary not be held if there are no contested offices on the party's primary ballot. Legal opinions differ as to whether a constitu tional amendment would be necessary to allow the state and coun ties to pay for primaries. The Board feels it might be a preferable WEDNESDAY, FEBRUARY 15, 1967 305 and safer approach to use the constitutional amendment route, as well as having the advantage of giving electors a chance to express their approval or disapproval of the payment of such primary costs. A suggested constitutional amendment is attached for your review. E. Recommend that Constitutional Amendments be adopted to provide for a run-off in case no majority is received by any candi date for Governor or other Constitutional office. The Board feels that a Canvass Board should be constituted to receive, open, and tabulate returns for these offices, and that it should be empowered to rule on contests where such run-off election is necessary. Sug gested constitutional amendments which would carry out these recommendations are attached for your information and review. F. Recommend that Constitutional Amendments be adopted to provide for succession in case of death or withdrawal of Governorelect before his inauguration, and to provide for succession in case of the death or withdrawal of other constitutional officers before their installation in office. Such suggested amendments are at tached for your information and review. G. Recommend that legislation be enacted to provide for a poll watcher to be assigned by each political party or independent candidate for each polling place. The General Election Code pro vides in Section 34-1312 that "superintendents, poll officers, and other officials, engaged in the conduct of primaries and elections held under the provisions of this code, shall perform their duties in public." However, many of the complaints made in the Board's public hearings were to the effect that the public was denied this right to observe either during the casting or the counting of ballots. An alternative method might be to require that at least one of the three precinct election managers should be a representative of the minority party. The latter provision would not take care of independent candidates, however. H. Recommend that the form of ballot labels for vote recorders be set up and approved by the Secretary of State. The present code provision (Section 34-1222(b)) says that the "ballot labels shall conform as nearly as practicable to the provisions of this Code for the arrangement of same on paper ballots." Since it is impos sible to set the ballot labels in exactly the same manner, this pro vision means a lack of uniformity in the ballot for counties using the vote recorder. For example, during the last election within the same Congressional District, advertisements appearing in news papers read in two counties called for the punching of hole no. 2 for a straight party vote. In one county hole no 2 represented the Democratic party; in the other county it represented the Republican party. If the Secretary of State sets up and approves the form of the ballot labels, such confusion can be kept to a minimum. I. Recommend that the Secretary of State be allowed discretion in the use of color on ballots and ballot labels. It is felt that the use of different colors for different political party candidates, 306 JOURNAL OF THE HOUSE, particularly on vote recorder ballot labels, would help the elector to know which candidates are running against each other. J. Recommend that the Legislature give careful consideration to a Constitutional Amendment to provide that Constitutional Amendments should be voted on in odd-numbered years. Many election officials and electors made recommendations regarding the removal of constitutional amendments from the general election ballot. The two main reasons cited were: (1) electors would have more time to acquaint themselves with proposed amendments; (2) it would speed up the voting process in years in which many offices were to be voted on. K. Recommend that the General Assembly give serious con sideration to making it illegal for anyone to canvass for votes within 250 feet of the polling place. The present law prohibits such canvassing by all except candidates (see Section 34-1307). L. Recommend that the recently adopted Constitutional Amend ment providing for write-in candidates be incorporated into the Georgia Election Code, so that all election laws may appear in the same document. M. Recommend that consideration be given to the possibility of declaring primary election and run-off dates and general election and run-off dates as legal holidays. Since recent elections indicate that in many areas it takes from one to five hours to vote, the Board felt that some action was needed to insure that all persons would have an equal opportunity to cast their ballots. A two-hour time off for voting provisions is now in effect in Georgia (see p. 253, Georgia Laws, 1964 Session). If holidays are not provided for, this time-off provision should be incorporated into the Georgia Election Code. The Board realizes that this session of the Legislature will be con sidering both the bi-annual appropriations bill and the reapportionment of both the House and Senate, and that the time for consideration of other legislation will be limited. However, the Board feels that every effort should be made to consider at least some of these sug gestions during this session of the General Assembly. The bill in corporating municipalities under the general provisions of the Georgia Election Code is essentially the same bill that was introduced during the last session. It was not passed because of an amendment that had nothing to do with the provisions of the bill itself. Many municipalities hold elections each year or in odd years, and most of them have few if any charter or ordinance provisions covering all aspects of elections. The need for the adoption of amendments covering run-offs, contests, and succession in case of death or withdrawal of elected constitutional officers before their inauguration has been demonstrated in the past. Now, when memory is fresh and public interest is high, is the time to consider such amendments. It should also be noted that all changes in election laws in states covered by the Federal Voting Rights Act must be submitted to the Justice Department for approval. In case some of the election law changes passed in this session are not approved, it WEDNESDAY, FEBRUARY 15, 1967 307 will give another session of the General Assembly time to consider alternatives to meet the needs before another general primary or elec tion is to be held. The State Election Board wishes to assure the General Assembly that it stands ready to cooperate and assist in every effort to assure uniform, fair and honest elections in Georgia. Respectfully submitted, Is/ Ben W. Fortson, Jr. Chairman /a/ Mrs. Melba R. Williams Vice-Chairman PROPOSAL # 1 The Constitution is hereby amended by striking Article V, Section I, Paragraphs III and IV in their entirety and substituting in lieu there of new Paragraphs III and IV to read as follows: "Paragraph III. Returns of Election and Tabulation of Votes, Runoff Election. The returns for every election for Governor shall be sealed up by the managers, separately from other returns, on or before the seventh day following the election, and directed to the --_--_._--.--------___--..----_--_--_---, or such other persons, board, or body as may be prescribed by law, and transmitted to the Secretary of State, who shall, without opening said returns, cause the same to be laid before said persons, board or body on the tenth day fol lowing the election. Said persons, board or body shall, in public meeting assembled on said day, open the returns and tabulate and canvass the votes for all candidates for Governor. Said persons, board or body shall have the power to require the Secretary of State and the managers to furnish such information as may be necessary to correctly tabulate and canvass the votes; and may recess pending the receipts of such information. In the event no candidate for Governor receives a majority of the whole number of votes cast, the Secretary of State shall call for a runoff election between the two persons, who shall be in life and shall not decline election, having the highest number of votes. Said runoff election shall be held on the Tuesday after the first Monday in December immediately following the first election, unless another date be fixed by the General Assembly (or unless such date be postponed by court order). Whenever a runoff is required under this Consti tution, the runoff shall be considered as a part of the election, and only the electors entitled to vote in the first election shall be entitled to vote in any runoff election resulting therefrom, and only those votes cast for the two persons whose names were printed on the runoff election ballot shall be counted in the tabulation and canvass of the votes. The provisions of this Article as to the transmission of the returns of the election, the opening of the returns, and the tabulation and canvassing of the votes cast shall apply to the runoff election. The Secretary of State shall transmit the returns and the tabulation and canvass of the votes cast in the 308 JOURNAL OF THE HOUSE, election and in any runoff election to the Senate on the day after the two Houses shall have been organized, and the Senate shall transmit the same to the House of Representatives." "Paragraph IV. Publication of Returns and Results of Elec tion. The members of each branch of the General Assembly shall convene in the Representative hall, and the President of the Senate and the Speaker of the House of Representatives shall publish the returns and the tabulation and canvass of the votes in the presence of and under the direction of the General Assembly, and the person having the majority of the whole number of votes cast in the election or entitled to be counted in the runoff election, as the case may be, shall be declared the duly elected Governor of this State." PROPOSAL No. 2 The Constitution is hereby amended by striking Article V, Section I, Paragraph V in its entirety and substituting in lieu thereof a new Paragraph V to read as follows: "Paragraph V. Contested elections. Contested elections shall be determined by both Houses of the General Assembly in such manner as may be prescribed by law, except that the ___,,___._.... _.--_.____--_---_--__------, or such other persons, board, or body as may be prescribed by law, shall have the power prescribed by law to determine contested elections where such determination is neces sary to ascertain whether or not a runoff election is required. Any person who is a candidate for public office shall be ineligible to vote in resolving a contested election for that office." PROPOSAL No. 3 The Constitution is hereby amended by striking Article V, Section II, Paragraph I in its entirety and substituting in lieu thereof a new Paragraph I to read as follows: "Paragraph I. Executive Officers, How Elected. The Secretary of State, Attorney General, State School Superintendent, Comptrol ler General, Treasurer, Commissioner of Agriculture, and Com missioner of Labor shall be elected by the persons qualified to vote for members of the General Assembly at the same time, and in the same manner as the Governor. The provisions of the Con stitution as to the transmission, tabulation and canvassing of the returns of the election, runoff elections, contested elections, and declaration of the results of the election, applicable to the election of Governor, shall apply to the election of the above-named ex ecutive officers; and they shall be commissioned by the Governor and hold their offices for the same time as the Governor. In case of the death or withdrawl of a person having received a majority of the whole number of votes cast in an election for any of the above-named offices, the Governor elected at such election, upon becoming Governor, shall have the power to fill such office, unless otherwise provided by law." WEDNESDAY, FEBRUARY 15, 1967 309 PROPOSAL No. 4 The Constitution is hereby amended by adding to the third sentence in Article V, Section I, Paragraph VII, between the words "Lieutenant Governor" and "shall exercise" the following: "and in case of the death or resignation of the Governor-Elect, the Lieutenant Governor-Elect, who shall be deemed to be the Governor's successor, upon becoming the Lieutenant Governor,", so that said sentence shall read: "In case of the death, resignation, or disability of the Governor, the Lieutenant Governor, and in case of the death or resignation of the Governor-Elect, the Lieutenant Governor-Elect, who shall be deemed to be the Governor's successor, upon becoming the Lieuten ant Governor, shall exercise the executive power and receive the compensation of the Governor until the next General Election for members of the General Assembly, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation, or disability shall occur within thirty days of the next General Election, or if the term will expire within ninety days after the next General Election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term." A RESOLUTION Proposing amendment to the Constitution so as to authorize the General Assembly and the Counties to exercise the power of taxation to pay the expenses of conducting primaries for the nomination by political parties of candidates for public office; to provide for the submission of such amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA: SECTION 1 The Constitution is hereby amended by adding to Article VII, Section II, Paragraph I, at the end thereof a new subparagraph to be numbered as Subparagraph 11, and by adding to Article VII, Section IV, Paragraph II, at the end thereof a new subparagraph to be numbered as Subparagraph 15, said subparagraphs to read as follows: "To pay the expenses of conducting primaries for the nomina tion by political parties of candidates for public office." 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 310 JOURNAL OF THE HOUSE, 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 and the Counties to exercise the power of taxation to pay the expenses of conducting primaries for the nomination by political parties of NO ( ) candidates for public 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 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. SECRETARY OP STATE Atlanta April 18, 1966 MEMORANDUM TO: THE ORDINARIES AND REGISTRARS FROM: SECRETARY OF STATE RE: CALENDAR OF EVENTS CONCERNING THE GENERAL PRIMARY TO BE HELD ON SEPTEMBER 14, 1966, AND THE GENERAL ELECTION TO BE HELD ON NOVEMBER 8, 1966. The calendar below specifies the dates of some of the significant events concerning the preparation for and conduct of the General Primary to be held on September 14, 1966, and the General Election to be held on November 8, 1966. The modifying citations of authority refer to provisions of the Georgia Election Code, approved June 24, 1964, as amended: March 12, 1966--Earliest day for signing nomination petition for placing candidate's name on ballots to be used in General Elec tion--Sees. 34-1001(b), 34-1010(e) and 34-105. May 2, 1966--Earliest day that parties can set for candidates to qualify with parties to run for nomination in General Primaries of the parties--Sec. 34-1006. WEDNESDAY, FEBRUARY 15, 1967 311 June 15, 1966--Last day that parties can set for candidates to qualify with parties to run for nomination in General Primaries of the parties--Sec. 34-1006. June 16, 1966--Earliest day for applying for absentee ballot to be voted in General Primary--Sec. 34-1402(a). July 25, 1966--Last day for registering and transferring registra tions for voting in General Primary--Sees. 34-625, 34-631 (b), 34-1402(c) and 34-105. August 10, 1966--Earliest day for applying for absentee ballot to be voted in General Election--Sec. 34-1402(a). September 8, 1966--Last day for registrars to complete preparation of electors lists for use in General Primary--Sec. 34-625. September 8, 1966--Last day for signing nomination petition for placing candidate's name on ballots to be used in General Election--Sees. 34-1001(b), 34-1010(e) and 34-105. September 8, 1966--Last day for filing nomination petition for placing candidate's name on ballots to be used in General Elec tion--Sees. 34-1001 (b) and 34-105. September 14, 1966--Day of holding General Primary--Sec. 34-801. September 19, 1966--Last day for registering and transferring registrations for voting in General Election--Sees. 34-611, 34-631(b) and 34-1402(e). September 23, 1966--Last day for candidate (other than one seek ing to qualify by nomination petition) to file notice of candi dacy for placing his name on ballots to be used in General Election--Sec. 34-1001 (b) and 34-105. September 28, 1966--Day of holding runoff primary, if any--Sec. 34-1514. November 2, 1966--Last day for registrars to complete preparation of electors lists for use in General Election--Sec. 34-622 . November 8, 1966--Day of holding General Election--Sec. 34-103 (m). November 22, 1966--Day of holding runoff election, if any--Sec. 34-1514. Sincerely yours, BWF: bp Is/ Ben W. Fortson, Jr. Secretary of State 312 JOURNAL OF THE HOUSE, SECRETARY OF STATE Atlanta August 26, 1966 TO: CHIEF REGISTRAR BOARD OF REGISTRARS Since this is of vital importance to you, I am sending you herewith a copy of an opinion by The Attorney General. As much as I regret the bother, it will probably be necessary for me to call on all the Registrars of the State for various totals in their Counties on various dates. This is something I can't help, and you will see why when you read this opinion of The Attorney General. I am sending it on to you for your information. With best wishes, I am BWF:bp Encs. Sincerely your friend /s/ Ben W. Fortson, Jr. Secretary of State THE DEPARTMENT OF LAW STATE OF GEORGIA Atlanta August 22, 1966 Honorable Ben W. Fortson, Jr. Secretary of State State of Georgia 214 State Capitol Atlanta, Georgia 30334 Dear Mr. Fortson: This is in response to your letter requesting my official opinion regarding Section 34-1010 (b) of the Georgia Election Code. You have indicated that the circumstances are as follows: A candidate seeks to have his name placed upon the General Election ballot by nomination petition. As you are aware, such a petition must be signed by a number of electors of not less than five per cent of the total number of electors eligible to vote in the next election for the filling of the office the candidate is seeking. You have requested my opinion as to whether or not the five per cent of the total number of electors eligible to vote in the next election for the filling of the office the candidate is seeking is to be computed WEDNESDAY, FEBRUARY 15, 1967 313 upon the number of electors registered on the last day upon which a nomination petition could be filed, or is to be computed with relation ship to the date upon which the nomination petition is actually filed. Section 34-1010 (b) of the Georgia Election Code provides that a nomination petition of a candidate shall be signed by a number of electors of not less than five per cent of the total number of electors eligible to vote in the next election for the filling of the office the candidate is seeking "as of the close of the registrars' business on the business day immediately preceding the day on which the nomination petition is filed . . ." (The Code provides an exception in the case of candidates seeking the office of judge of the superior court or solicitor general.). The Election Code does not provide that such a candidate shall file his nomination petition on a date certain, but provides that he shall file it at least so many days prior to the election. Section 34-1001. Thus, candidates are at liberty to file their nomination petitions, and other necessary documents, at any time within the prescribed period. It is, therefore, my official opinion that the five per cent should be computed as of the close of the registrars' business on the business day immediately preceding the day on which the nomination petition is filed. I can understand and appreciate that the law in this instance im poses difficulties in ascertaining the requisite number of electors. You undoubtedly will have to call upon the various registrars for assistance in determining the number of electors registered with each of them upon various days. Their cooperation and assistance would facilitate your task immeasurably. With kindest personal regards, I am AKB-bw Sincerely yours, Is/ Arthur K. Bolton Attorney General SECRETARY OF STATE Atlanta August 31, 1966 TO: CHIEF REGISTRAR BOARD OF REGISTRARS I deeply regret having to worry you with this problem. I can't help it, however, and I know you understand. The Honorable "Bo" Callaway filed his petition today, August 31, 1966. It is absolutely necessary that I have the total number of regis tered voters of your County as of yesterday, August 30, 1966, at the 314 JOURNAL OF THE HOUSE, end of business. I am enclosing herewith a self-addressed stamped enve lope for your convenience. Please forgive me for having to bother you at this hard time for you, but, as I have stated above, I just can't help it. Maybe I can do something for you one of these days. BWF:bp Sincerely your friend, /s/ Ben W. Portson, Jr. Secretary of State SECRETARY OP STATE Atlanta September 2, 1966 TO: ORDINARY OP EACH COUNTY. Dear Judge: The enclosed opinion by The Attorney General affects you and the Secretary of State. I am sure you want this for your file for future reference. BWF:bp Encs. Sincerely your friend, /s/ Ben W. Fortson, Jr. Secretary of State THE DEPARTMENT OF LAW STATE OF GEORGIA Atlanta 30334 September 1, 1966 Honorable Ben W. Fortson, Jr. Secretary of State State Capitol Atlanta, Georgia 30334 Dear Mr. Fortson: This is in reply to your request for my official opinion as to which Sections of Act No. 296, approved March 30, 1965 (Ga. Laws 1965, pp. 349-358), apply to the 1966 general primary and general election, and specifically whether or not Sections Four (4), Seven (7), and Eight (8) of that Act apply to such elections. As you know well, in 1964 the General Assembly, in Extraordinary Session, adopted the "Georgia Election Code", Act No. 26 (EX.), being WEDNESDAY, FEBRUARY 15, 1967 315 a comprehensive revision of Title 34 ("Elections") of the Code of Georgia, which Act was approved June 24, 1964. As you are also well aware, in 1965 the House of Representatives of Georgia was reapportioned (Ga. Laws 1965, pp. 127-174). It was necessary to hold special elections in 1965 for the elections of Members of the reapportioned House. Since the adoption of the "Georgia Election Code", it has been amended in 1965 and 1966. One of the 1965 amendments, Act No. 296 (Ga. Laws 1965, pp. 349-358) to which you have referred, had as one purpose the amendment of the Election Code so as to adapt it to those 1965 special elections. Section 13 of that 1965 amendment provided that Sections 2, 3, 5, 6, 9, 10, 11, and 12 of that amendment were to remain effective only until November 30, 1965, and they were on that date repealed by opera tion of law (Ga. Laws 1965 at p. 355). The last sentence of Section 4 of that amendment was also repealed on that date by its own terms (Ga. Laws 1965 at p. 353). Sections 1, 13, 14 and 15 of the 1965 Act may be said to have become moot by the holding of the special elections therein called and described. That leaves Section 4, 7, and 8 of sub stance not yet here accounted for. Section 4 of the Act (Ga. Laws 1965 at p. 352) amended subsection (b) of Section 34-1001 of the Election Code. Originally, Section 34-1001 (b) of the 1964 Georgia Election Code provided in substance that each candidate for Federal or State office shall file his notice of candidacy in the office of the Secretary of State at least 30 days prior to a general election, and that each candidate for county or militia district office and each candidate for membership in the House shall file his notice in the office of the Ordinary of his county at least 30 days prior to a general election, except that a candidate required to file a nomination petition shall file his notice of candidacy at least 50 days prior to the general election. Ga. Laws 1964, Extra Session, pp. 26, 87. Another 1965 amendment, Ga. Laws 1965, pp. 224, 225, changed the time for the filing of notices of candidacy by candidates required to file nomination petitions from 50 to 60 days. With the reapportionment of the House, several members were to be elected from and to represent more than one county and in one instance a part of a county plus another county (Ga. Laws 1965, at pp. 128-133, and p. 136). It became necessary to amend the Code so as to provide that a candidate for the House of Representatives file his notice of candidacy not in the Ordinary's office of "his county" but in your office (Ga. Laws 1965, pp. 349-352). In the same amendment, the time for filing notice of candidacy was changed from 30 to 45 days (Ga. Laws 1965, pp. 349, 352). Hence, Code Section 34-1001(b) now reads as follows: "Each candidate for federal or state office, or his agent, de siring to have his name placed on the ballots, shall give notice of his candidacy, giving his name, residence address and the office he is seeking, in the office of the Secretary of State at least forty- 316 JOURNAL OF THE HOUSE, five days prior to the election in the case of a special election; except, that such filing shall not apply to a candidate for a militia district office (justice of the peace or constable). Each candidate for a county or militia district office, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy in the office of the ordinary of his county at least 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. If a runoff primary is held, each candidate nominated therein, or his agent, shall file notice of his candidacy with the appropriate officer within five days after the holding of such primary, irrespec tive of such five day period exceeding a qualification deadline herein above prescribed. Any candidate required to accompany his notice of candidacy with a nomination petition as hereafter prescribed, shall file his notice at least sixty days prior to the general election." (Ga. Laws 1964, pp. 26, 87; as amended, Ga. Laws 1965, pp. 224, 225; Ga. Laws 1965, pp. 349, 352-353.) That portion of the title of the 1965 amendment which relates to Section 34-1001 (b) (Section 4 of the 1965 amendment under discussion) reads, in Vol. 1 of Ga. Laws 1965 and in the enrolled Act, as follows: ". . . to amend the Georgia Election Code, relating to the regu lation of primaries and elections, approved June 24, 1964 (Ga. Laws 1964, Ex. Sess., p. 26, et seq.), so as ... to provide that candi dates seeking election to membership in the House of Representa tives shall file their notice of candidacy in the office of the Secre tary of State; .... to provide that each candidate for federal, state or county office shall file his notice of candidacy in the office of the proper public official at least forty-five days prior to the election in the case of a general election; to provide that each candidate seeking public office in a general election, who is required to accompany his notice of candidacy with a nomination petition, shall file his notice at least sixty days prior to the general elec tion . . ." (Underscoring added, Ga. Laws 1965, pp. 349-350.) The title to the subject Act, in my opinion, adequately describes Section 4 of that Act amending Section 34-1001 (b) of the Election Code. Although it might be contended, because of numerous references in its title, that the 1965 Act related only to the 1965 special primaries and special election for reapportioned House seats, the fact that the title and Section 13 of that Act provided that only certain provision thereof were to be repealed on November 30, 1965, and the references [underlined above] to federal, state and county offices (the majority of which were not involved in the 1965 special election), and the refer ences [underlined above] to "general election" (which the 1965 election was not), establish for me that certain sections of the 1965 Act, in cluding Section 4, were to have continuing effect and are applicable to the forthcoming 1966 elections and later years (subject, of course, to amendments which may hereafter be adopted). Those Sections of the 1965 Act relating to the 1965 special elections and those relating to general elections are not in my opinion violative WEDNESDAY, FEBRUARY 15, 1967 317 of Article III, Section VII, Paragraph VIII of the Georgia Constitution (Code Ann. 2-1908) as referring to more than one subject matter. Crews v. Cook, 220 Ga. 479 (1964). They all relate to the subject of elections. Referring now to Section 7 of Act No. 296, approved March 30, 1965, you will recall that originally Section 34-1010(b) of the Election Code provided in pertinent part as follows: "A nomination petition of a candidate shall be signed by a number of electors of not less than five per cent of the total number of electors eligible to vote in the last general election for the filling of the office the candidate is seeking. . . ." (Ga. Laws 1964, EX. Sess., pp. 26, 93; underscoring added.) As you will note, the underscored words were amended by Act No. 296 (1965). Section 7 of that amendment reads in similar part as follows: "A nomination petition of a candidate shall be signed by a number of electors of not less than five per cent of the total num ber of electors eligible to vote in the next election for the filling of the office the candidate is seeking as of the close of the regis trars' business on the business day immediately preceding the day on which the nomination petition is filed. . . ." (Ga. Laws 1965, pp. 349, 354; underscoring added.) The change is shown by the underscored words. There appears to me to be no language in the title of the subject Act (No. 296, 1965) paralleling Section 7, although the title does state that it is "for other purposes" (Ga. Laws 1965, pp. 349, 351), and hence a question may arise as to whether or not the Act violates the prohibition of the Constitution (cited above) that "No law shall pass which . . . contains matter different from what is expressed in the title thereof." No provision of the title is "different" from, in the sense of being in conflict with, Section 7 of the Act, and thus the question be comes one of determining whether or not the title sufficiently indicates the change to be effected by Section 7. Of course, it is the province of the Judiciary to determine what legislative acts may violate the Constitution (Art. I, Sec. IV, Par. II; Code Ann. 2-402), but in order for you to perform your duties under the Election Code, you must have legal assistance in advance of, and in the absence of, judicial action. Assume, for purpose of discussion only, that the 1965 amendment of Code Section 34-1010 were not ap plicable to the 1966 elections. One problem would be that there was no "last general election" for members of the reapportioned House as such. Hence, how would you determine whether or not a candidate for the House filing a nomination petition had a petition signed by the required 5% of the number of electors eligible to vote for the House seat in the "last general election", when no election as such was held? 31S JOURNAL OF THE HOUSE, The Supreme Court of Georgia has announced certain guidelines in this area, as follows: The Constitution does not require that the title of an act contain a synopsis of the law. Williamson v. Housing Author ity of Augusta, 186 Ga. 673(3), 679-680 (1938). It was never intended that the substance of the entire Act should be set forth in the caption and it is not necessary that every detail in the body be mentioned in the title. Cody v. Jardine, 185 Ga. 9, 10 (1937). If what follows after the enacting clause is definitely related to what is expressed in the title, has a natural connection, and relates to the main object of the legislation, and is not in conflict therewith, there is no infringement of the constitutional inhibition. Cody and Williamson, supra, and cases cited therein. As pointed out above, there is no conflict here between the title and Section 7 of the Act. Hence, Tolbert v. Long, 134 Ga. 298 (1910), and similar cases are not in point. The change made by Section 7 certainly is related to and has a natural connection with legislation providing for election of Representatives to the reapportioned House. Moreover, the title may be read as follows: ". . . to amend the Georgia Election Code, relating to the regu lation of primaries and elections, approved June 24, 1964 (Ga. Laws 1964, Ex. Sess., p. 26, et seq.), so as to ... provide that each candidate seeking public office in a general election, who is required to accompany his notice of candidacy with a nomination petition, shall file his notice at least sixty days prior to the general election; . . . and for other purposes." In Hart v. State, 113 Ga. 939, 940 (1901), and Kaigler v. Board of Commissioners of Quitman County, 174 Ga. 849, 850 (1932), the titles to the acts in question in those cases were similarly construed. Reading the title as quoted above, and under the authorities cited hereinbefore, I am of the opinion that Section 7 of Act No. 296 (Ga. Laws 1965, pp. 349, 354) is not violative of Art. Ill, Sec. VII, Par. VIII of the Con stitution (Code Ann. 2-1908). I direct your attention now to the remaining Section, Number 8, of Act No. 296, which has the effect of deleting the word "general", in the phrase "general election", wherever it appears in subsections (c) and (d) of Section 34-1010 of the Election Code. Those subsections relate to the form of nomination petitions. No serious problem is en visioned here. See Code Sections 34-1010(a), 34-1011 (a), and 102-102 (6). Moreover, the reasoning applicable to Section 7 (above) is also applicable to Section 8. It is therefore my advice to you that you should apply Sections 4, 7 and 8 of Act No. 296 approved March 30, 1965 (Ga. Laws 1965, p. 349) in performing your duties regarding the forthcoming elections, which is to say that you should be guided by Sections 34-1001 (b) and 34-1010 (b), (c) and (d), as they appear on pages 74-75 and 83-84 of the 1966 reprint of the Georgia Election Code distributed by your office. AKB/cgh Sincerely yours, /s/ Arthur K. Bolton Attorney General WEDNESDAY, FEBRUARY 15, 1967 319 SECRETARY OP STATE Ben W. Fortson, Jr. Secretary of State Atlanta, Georgia 30334 October 7, 1966 TO THE ORDINARIES OF ALL THE COUNTIES: By proclamation dated September 30, 1966, the Governor has called for a Special Election to fill the office of Solicitor General of the Rome Judicial Circuit for the unexpired term of Chastine Parker. The nominee of the Democratic Party is listed on the enclosed official ballot form. The Republican Party has no nominee for that office. This election will be a "Special Election" to be held at the same time as the General Election on November 8, 1966. As you know, So licitors are elected State-wide at the present time. The enclosed official ballot form should be reproduced separately from the General Election ballot previously forwarded to you. The electors, when they come to the polls on November 8th, should be given a Special Election ballot in accordance with the enclosed form along with the General Election ballot. If you have any questions, please do not hesitate to call me. BWF:bp Encs. Sincerely yours, /s/ Ben W. Fortson, Jr. Secretary of State SECRETARY OF STATE Atlanta October 31, 1966 TO THE ORDINARIES: PLEASE NOTE -- This is to inform you that the Federal Court, on Saturday, October 29, 1966, struck out the provision passed last year whereby one person could assist only one person in any election. They have gone back to the old law where one person can help ten. Please notify the managers of your polling places and the poll workers that in the General Election on November 8, 1966, one person can assist ten. 320 JOURNAL OF THE HOUSE, The Federal Court said there could be "NO STICKERS" -- they are illegal. A person must, by hand, write in the position and the name of the person he wants for that position. With best wishes, I am BWF:bp Sincerely your friend, /s/ Ben W. Fortson, Jr. Secretary of State SECRETARY OF STATE Atlanta November 2, 1966 TO THE ORDINARIES: PLEASE NOTE -- This is to inform you that the Federal Court, on Friday, October 28, 1966, struck out the provision passed last year whereby one person could assist only one person in any election. They have gone back to the old law where one person can help ten. As soon as the three Judges who heard this case have signed the final order, you will be furnished with a copy of it. In the meantime, please notify the managers of your polling places and the poll workers that in the General Election on November 8, 1966, one person can assist ten. The Federal Court has said there can be "NO WRITE-IN STICK ERS"--they are illegal. A person must, by hand, write in the position and the name of the person he wants for that position. With best wishes, I am BWFrbp Sincerely your friend, /s/ Ben W. Fortson, Jr. Secretary of State INSTRUCTIONS FOR PREPARING AND RETURNING OFFICIAL ABSENTEE BALLOTS IN PRIMARIES AND ELECTIONS The accompanying ballot and two envelopes are sent to you in response to a request made by you or a member of your family. Upon recipt of same, you must follow these instructions for your vote to count: WEDNESDAY, FEBRUARY 15, 1967 321 (1) To vote the ballot, you must appear before: (a) a postmaster of the United States or his assistant while within the confines of a post office; (b) any commissioned officer in the active armed service of the United States if you are a member of such service or if you are the spouse or dependent of a member of such service; (c) any consul of the United States or his assistant; (d) a registrar or deputy registrar of the county of your voting residence; (e) the registrar or any au thorized deputy registrar of any college or university; or (f) any notary public of the State of Georgia if you have a physical disability which renders you unable to be present at the polls. (2) You must first display the ballot to such official as evidence that it is unmarked. (3) Mark the ballot in the presence of such official, but in such manner that he or she is unable to see how the ballot is marked; except that you may receive assistance in marking the ballot from such official if you are unable to read the English language or if you have a physical disability which renders you unable to see or mark the ballot. Mark the ballot according to the instructions thereon. (4) After marking, fold the ballot, enclose and securely seal it in the envelope marked "Official Absentee Ballot". (5) Place this envelope in the larger envelope containing the ad dress of the Board of Registrars. (6) Fill out and execute the affidavit on the back of the larger envelope in the presence of such official. (7) Have such official fill out and execute the jurat. (8) Securely seal such envelope and mail or personally deliver it to the Board of Registrars. (Compiled March 19, 1965) SECRETARY OF STATE Atlanta November 4, 1966 TO: ALL ORDINARIES, STATE OF GEORGIA RE: Morris, et al. v. Fortson, et al.; U. S. District Court for the Northern District of Georgia, C. A. No. 10483. Dear Judges: This letter is being sent to you pursuant to the Judgment of the Court entered in the above-styled case. Enclose you will find: 322 JOURNAL OF THE HOUSE, (1) Copy of Writ of Injunction, (2) Copy of Judgment, and (3) Copy of Opinion. Without limiting the effect of the enclosures, please be advised that pursuant to the Injunction, Judgment and Opinion, where a person is entitled to assistance under Code Section 34-1317(a), you are to per mit any person eligible to act as an assistant under Code Section 34-1317(b), sub-parts (i) or (ii), to act as an assistant for up to but no more than ten (10) voters entitled to receive assistance. Please notify the managers of your polling places and the poll workers that in the General Election on November 8, 1966, one person can assist ten. Sincerely yours, BWPjr:bw /s/ Ben W. Fortson, Jr. Secretary of State UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION JOHN MORRIS; FLORENCE ROBIN; LAURA SEA- ) BRON; MARY PATRICK; DOROTHY CLARK; and ) EVA NASH, for themselves, jointly and severally, and ) for all others similarly situated, ) Plaintiffs, ) VS. ) CIVIL ACTION NO. 10483 BEN W. FORTSON, as Secretary of State of the State ) of Georgia, and as a member of the State Election Board ) of the State of Georgia; MRS. HARRY B. (MELBA) ) WILLIAMS and MR. H. H. (HOLCOMB) PERRY, JR., ) as members of the State Election Board of the State of ) Georgia; EUGENE GUNBY, as Ordinary of Fulton ) County, Georgia, and all other Ordinaries of Georgia, ) jointly and severally, who are similarly situated, ) ) Defendants. ) WRIT OF INJUNCTION To: EUGENE GUNBY, as Ordinary of Fulton County, Georgia, and all other Ordinaries of Georgia, jointly and severally: Take notice that you and each of you, your officers, agents, ser vants, employees, and attorneys and all other persons in actual concert WEDNESDAY, FEBRUARY 15, 1967 323 or participation with you be and you hereby are Ordered and Enjoined as set forth in the Judgment of this Court made and entered on this date. Done this 1st day of November, 1966. /s/ Claude L. Goza Filed in Clerk's Office and a true copy certified, this Nov. 4, 1966. CLAUDE L. GOZA, Clerk of the United States District Court for the Northern District of Georgia, Atlanta Division Claude L. Goza, Clerk By: Ruth M. Stilwell Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION JOHN MORRIS; FLORENCE ROBIN; LAURA SEA- ) BRON; MARY PATRICK; DOROTHY CLARK; and ) EVA NASH, for themselves, jointly and severally, and ) for all others similarly situated, ) Plaintiffs, ) ) VS. ) ) BEN W. FORTSON, as Secretary of State of the State ) of Georgia, and as a member of the State Election Board ) of the State of Georgia; MRS. HARRY B. (MELBA) ) WILLIAMS and MR. H. H. (HOLCOMB) PERRY, JR., ) as members of the State Election Board of the State of ) Georgia; EUGENE GUNBY, as Ordinary of Fulton ) County, Georgia, and all other Ordinaries of Georgia, ) jointly and severally, who are similarly situated, ) CIVIL ACTION NO. 10483 Defendants. ) JUDGMENT -- NOVEMBER 1, 1966 Pursuant to and in accordance with the Opinion of this Court filed herein on October 28, 1966, and for the purpose of effectuating that Opinion, it is the Order, Judgment and Decree of this Court: (1) That illiterate voters are denied the equal protection of the law guaranteed by the Fourteenth Amendment of the Constitution of the United States in that the assistance to be rendered illiterate voters under the applicable provisions of Georgia laws is inadequate. (2) That Act No. 399 of the Georgia General Assembly, General Session, 1966 (Georgia Laws 1966, pp. 185-186) is therefore hereby de- 324 JOURNAL OF THE HOUSE, clared to be an unconstitutional Act within the meaning of the Equal Protection Clause of the Fourteenth Amendment of the Constitution of the United States. (3) That those persons entitled to receive assistance in voting under the provisions of Section 34-1317 (a) of the Georiga Election Code in the November 8, 1966, General Election, and in any runoff election resulting therefrom, if any (this in no way is to constitute a considera tion by this Court of the runoff provisions of Georgia law), be per mitted to select (i) any elector, except a poll officer, who is a resident of the election district in which the elector requiring assistance is attempting to vote, or (ii) the mother, father, sister, brother, spouse or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him to assist him in voting, such assistance to be rendered inside the voting compartment or booth. No one person shall be allowed to assist more than ten such electors in said election. (4) It is further the Order, Judgment and Decree of this Court that the defendants, their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, are hereby separately and severally enjoined and restrained from taking any action that will hinder or obstruct or tend to hinder or obstruct, the effectuation of this Judgment. (5) It is the further Order, Judgment and Decree of this Court that defendants FORTSON, WILLIAMS and PERRY, as members of the State Election Board of the State of Georgia, pursuant to their duty to coordinate the work of the Ordinaries, the poll officers, and other officials, so as to obtain uniformity in their practices and proceedings, cause a copy of the Opinion of the Court in this case, this Judgment and the Writ of Injunction directed to the Ordinaries to be issued herein, to be transmitted forthwith by certified mail, return receipt requested, to each of the Ordinaries of Georgia, said certificates of receipt or nonreceipt to be retained by the said defendants. (6) This judgment is entered without prejudice to the power of the State to amend, or the defendants to implement the Georgia Election Code, including Code Section 34-1317(b), in any manner not in conflict with the opinion and judgment entered herein. (7) It is further the Order, Judgment and Decree of this Court that jurisdiction of this cause be and the same is hereby retained for the purpose of issuing any and all additional orders that may become necessary or appropriate in order to effectuate the Judgment of this Court and for such other and further proceedings as may be deemed appropriate in connection with any post-election matters arising out of the November 8, 1966, General Election and under Section 34-1505 of the Georgia Election Code having to do with the tabulation of such write-in ballots as are cast. The costs in this proceeding are hereby Ordered to be and they hereby are taxed against the defendants, for which execution may issue. WEDNESDAY, FEBRUARY 15, 1967 325 This the 1st day of November, 1966. /a/ Griffin B. Bell United States Circuit Judge I si Lewis R. Morgan United States Circuit Judge I si Sidney 0. Smith, Jr. United States Circuit Judge Filed in Clerk's Office and a true copy certified, this Nov. 4, 1966. By: Ruth M. Stilwell Deputy Clerk Filed in Clerk's Office Oct. 28, 1966. Claude L. Goza, Clerk By: R.J.T., Deputy Clerk. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION JOHN MORRIS; FLORENCE ROBIN; LAURA SEABRON; MARY PATRICK; DOROTHY CLARK; and EVA NASH, for themselves, jointly and severally, and for all others similarly situated, Plaintiffs ] CIVIL vs. ACTION BEN W. FORTSON, as Secretary of State of the State of Georgia, and as a member of the State Election Board of the State of Georgia; MRS. HARRY B. (MELBA) WILLIAMS and MR. H. H. (HOLCOMB) PERRY, JR., as members of the State Election Board of the State of Georgia; EUGENE GUNBY, as Ordinary of Fulton Coun ty, Georgia, and all other Ordinaries of Georgia jointly and severally, who are similarly situated, NO. 10483 Defendants Before Circuit Judge Griffin B. Bell and District Judges Lewis R. Morgan and Sidney O. Smith, Jr. PER CURIAM: Plaintiffs, claiming to represent the class of voters in Georgia who wish to cast write-in ballots in the General Election to be held on November 8, 1966, contend that the Election Code of Georgia is un constitutional in several respects. They are particularly interested in 326 JOURNAL OP THE HOUSE, the race for governor. Their contention rests on the assertion that several sections of the code, 1 taken together, unduly diminish their rights as electors under the federal Constitution and the Voting Rights Act of 1965. 42 U.S.C, 1973. This view stems from the overall con clusion that the Code, which prohibits the use of stickers or stamps, renders it difficult, if not impossible, for certain members of their class to cast a write-in ballot for Governor. Their class breaks down generally into three groups: First, those who are literate; second, those who are semi-literate, in that they do not spell well and would not know how to spell their candidate's name; and third, those who are complete illiterates to the extent that they cannot read or write. With respect to the first group, those who are literate and who complain that their right to a secret ballot would be impaired by having to request a write-in ballot in those counties in Georgia using votomatic procedures, it was stipulated that each voter would be given a write-in ballot at the 1966 general elections along with the votomatic ballot. It was agreed, upon this stipulation, that count two of the complaint, which goes to the denial of secret ballot question, be came moot, and thus the first group of the class now assert no further claims for this particular election. 2 As concerns the second group, those who are semi-literate in that they do not spell well, plaintiffs rest their case on Georgia Code 341505, which requires a tabulation of write-in ballots exactly as written. They contend that this provision means that the particular candidate for whom plaintiffs wish to cast a write-in ballot may not receive credit for those ballots on which his name is misspelled. This is a question which may more properly be considered in the event the problem arises after the election. It is sufficient to say at this time that those persons who do not spell well may take a paper with them into the voting booth which contains the correct spelling of their candidate's name and from which they may copy that name, and thereby avoid any problem of spelling. There is no Georgia law which prohibits such procedure. This leaves for consideration the case of the illiterates, those per sons in the class who cannot read or write. Georgia Code 34-1317 pro vides for assistance to those electors in this category. It expressly covers those persons who cannot read, but we construe this language to mean persons in the illiterate class who can neither read nor write. This assistance section would include and benefit the vast majority of those illiterates here asserting claims, for most would desire to vote in each race in the General Election. A sticker or stamp would help them in only one race. Nevertheless, they assert the right to cast a 1FThe specific sections of the Code are: Sections 34-1103 (b) (c), 34-1206 (a) (c) (d) (g) (i), 34-1214, 34-1220 (a) (c) (d) (e), 34-1224, 34-1228, 34-1309 (b) (vi), 34-1310 (b), 34-1315 (a), 34-1316 (b) (c), 34-1317, 34-1319 (a), 34-1321 (c), 34-1322, 34-1324 (a) (c) (d), 34-1326 (c) (e) (f), 34-1329, 34-1505, 34-1925 (d), 34-1926 (a) (d) (e), 34-1927 and 34-1928. 2 This stipulation and ruling go only to the General Election of 1966. Defendants wish to preserve the question of being required to furnish a write-in ballot to every voter for future litigation. They complain of the expense in the event such procedure is not a valid requirement. Ordinarily, absent an organized write-in campaign, it might be argued that the secret ballot right is not impaired simply by asking for a writein ballot in view of the large number of persons whose names might be written in. WEDNESDAY, FEBRUARY 15, 1967 327 write-in ballot by a sticker, stamp or similar pre-arranged method in the Governor's race only. Georgia Code 34-1103(b) and 34-1315(d) prohibit the use of any such method. Plaintiffs assert that these sec tions are unconstitutional in the face of the Federal Constitution as supplemented by the Voting Rights Act of 1965, supra, in that it inter feres with the right of an illiterate to cast an effective ballot. Simply stated, their position is that these statutes amount to a federally pro scribed literacy test. Our conclusion is upon these facts, that few if any of the illiterate class represented in this suit would wish to take advantage of the sticker or stamp method alone since they would not thus be enabled to vote in the other races. Therefore, in most cases, they would seek assistance due them as illiterates under Georgia Code 34-1317. It follows that the sticker or stamp question is one of slight importance in the overall voting picture. What the illiterate needs is someone to assist him inside the voting booth in casting his ballot in all of the races. We hold that these Code Sections prohibiting the use of stamps or stickers are not unconstitutional or prescribed by the Voting Act of 1965 on their face. We also hold that they are not unconstitutional in application in view of what is hereafter said concerning assistance available to the illiterate voter under the Georgia law. It is settled that illiterate voters may be rendered assistance. Katzenbach v. Morgan, 1966, 384 U. S. 641, 86 S. Ct.-__-__._........-..___, 16 L. Ed. 2d 828. Indeed, illiterate voters must be rendederd assistance in order to effectuate their constitutional right to vote. United States v. Mississippi, 256 F. Supp. 344 (S.D. Miss., 1966); United States v. Louisiana, et al, .................... F. Supp. ._________.___..... (E.D. La., 1966). This brings us to the question of whether the assistance permitted under the Georgia Election Code is adequate. Under 34-1317 of that Code, any voter able to receive assistance, and this would include the illiterates in the class here represented, might be assisted by any elector residing in the election district or any member of the voter's family. However, no such person doing the assisting, which includes going inside the voting booth to effectuate the franchise, might assist more than ten persons. This appeared to have been a reasonable requirement. However, in 1966 the General Assembly of Georgia amended this statute to provide that no person might assist more than one such voter. This amendment did not apply to the physically infirmed, such as a blind person, but its effect is limited to illiterates, the group whose rights are here in question. The facts are sufficient to make it certain that this limitation is unconstitutional in application. For example, where two members of the same family are illiterate, it would be necessary to find two persons to accompany them to the polls so as to assist them. Where a large number of illiterates vote at the same voting place, many additional persons would be required for assistance purposes, thus adding to the burden of conducting an orderly election. In many cases, it would be difficult for a person in need of assistance to find a voter or a family 328 JOURNAL OF THE HOUSE, member qualified to assist. The other side of the coin is that the state policy apparently is to prevent the will of an illiterate voter from being overcome by an organized or partisan approach. We think the former statute permitting a person to assist as many as ten illiterates was reasonable under the circumstances and would serve to keep down partisanism. At the same time, it would make the franchise effective to the illiterate. The new statute, in our view, goes too far. It is un duly restrictive. We hold that it is unconstitutional in that it conflicts with the Fourteenth Amendment to the Federal Constitution, imple mented by the Voting Rights Act of 1965 which extends the franchise to illiterates. 3 The complaint is denied in all respects save as to that portion of the assistance statute which provides that no person may assist more than one voter. The Court retains jurisdiction for such other and further proceedings as may be deemed appropriate in connection with any post-election arising under Code 34-1505 having to do with the tabulation of such write-in ballots as are cast. The parties have agreed that the Court may render final judgment at this time. Accordingly, plaintiffs are directed to prepare and present a judgment consistent with the foregoing after service upon defendants. The judgment shall include injunctive relief providing that a person otherwise qualified to render assistance under Code Section 34-1317 may render such assistance to as many as ten voters during the 1966 General Election. 4 This the 28th day of October, 1966. l&l Griffin B. Bell United States Circuit Judge I si Lewis R. Morgan United States District Judge I si Sidney O. Smith, Jr. United States District Judge WEDNESDAY, FEBRUARY 15, 1967 329 Telefax WESTERN UNION Telefax Sending1 Blank Call Charge Letters FWP 11-7-66 To Secretary of State, Atlanta, Ga. Send to following: Honorable Max D. Kaley Ordinary, Cobb County Marietta, Georgia Honorable J. E. Bohannon Ordinary, Carroll County Carrollton, Georgia Mrs. Katherine E. Mann Ordinary, DeKalb County Decatur, Georgia Telefax Call Letters FWP WESTERN UNION Telefax Sending Blank Charge 11-7-66 To Secretary of State --Page 2 Mrs. Iree W. Pope Ordinary, Richmond County Augusta, Georgia AT A CONFERENCE THIS MORNING IN THE MORRIS V. FORTSON STICK-IN CASE BEFORE U. S. CIRCUIT JUDGE GRIFFIN BELL, JUDGE GUNBY'S LAWYER AGREED THAT THE ASSISTANT MANAGERS IN CHARGE OF WATCHING THE BALLOT BOXES WOULD MAKE EVERY EFFORT TO SEE THAT EACH VOTOMATIC BALLOT CARD DEPOSITED IN THE BALLOT BOX WAS SECURELY IN AN ENVELOPE SO THAT THERE WOULD BE NO LOOSE CARDS OR ENVELOPES IN THE BOX. JUDGE GUNBY'S LAWYER ALSO AGREED THAT IF ANY LOOSE CARDS OR ENVELOPES WERE FOUND IN THE BOXES A RECORD OF 330 JOURNAL OF THE HOUSE, Telefax WESTERN UNION Sending Blank Telefax Call Letters FWP Charge 11-7-66 To Secretary of State --Page 3 EACH WOULD BE KEPT. I HAVE BEEN REQUESTED TO SO ADVISE YOU AND REQUEST YOUR ASSISTANCE IN KEEPING PROCEDURES UNIFORM. BEN W. FORTSON, JR. SECRETARY OF STATE SECRETARY OF STATE ATLANTA January 5, 1967 TO: ALL ORDINARIES RE: CONDUCT OF ELECTIONS Dear Judge: As you probably are aware, the State Election Board received complaints in Atlanta on December 1, 1966, concerning the conduct of the General Election held November 8, 1966. There undoubtedly is room for improvement in our procedures and clarity in the law. However, since this was the first contested General Election under the new Code for State-wide officers, we consider the number of complaints small in comparison to the number of votes cast. For this you are to be congratulated. For your consideration, the general nature of the complaints and the applicable Code sections are listed on the attached Exhibit "A". You will undoubtedly want to give particular attention to these Code sections when next instructing your poll workers. Separate attachments are enclosed regarding the particular com plaints, if any, under your jurisdiction, which we are transmitting for your information and such action as may be appropriate under the circumstances. BWF:bp Encs. Sincerely your friend, /s/ Ben W. Fortson, Jr. Secretary of State Chairman, State Election Board WEDNESDAY, FEBRUARY 15, 1967 331 SECRETARY OF STATE ATLANTA January 5, 1967 Dear Solicitor: Enclosed you will find copy of memorandum sent to the Ordinaries in your Circuit. Enclosed also you will find affidavits or affidavit forms which relate to Counties within your Circuit for your information and such action as may be appropriate under the circumstances. BWF:bp Encs. Sincerely your friend, /s/ Ben W. Fortson, Jr. Secretary of State Chairman, State Election Board EXHIBIT "A" COMPLAINTS MADE AT PUBLIC HEARING IN ATLANTA, GEORGIA, ON DECEMBER 1, 1966 Complaint Adjourned count of ballots before completion Applicable Code Sections 34-1321(a); 34-1326(b) Improper withholding or grant ing of assistance in voting Campaigning on election day-- within 250 feet by poll workers or others, or signs 34-622; 34-1314; 34-1315(a); 34-1316(a); 34-1317; 34-1319 (a) (c) (e); 34-1406(b); 341920(d); 34-1925; 34-1926; 34-1927; 34-1928 34-1307; 34-1319(a) (c) (d) (e); 34-1938 Lack of secrecy--No booths, no curtains, or booths not used Ballot boxes improperly handled --ballot boxes not locked; boxes left unattended and unlocked; boxes kept in home of official overnight after counting rather than turned in to ordinary 34-401 (e); 34-708; 34-1206(i); 34-1220(f) 34-1309; 34-1324(a) (b) (c); 34-1501 332 JOURNAL OP THE HOUSE, Improper instructions by of ficials--on manner of count ing split ballots or write-in instructions 34-1314; 34-1315; 34-1316; 34-1321(c); 34-1322; 34-1326(d); 34-1328(f) Polling places improperly equipped-- no binders for voters' certificates, improper voters' certificates, no pencils, insufficient write-in envelopes, insufficient number booths or ballot boxes 34-401; 34-708; 34-1206(g); 34-1301; 34-1302; 34-1310; 34-1224; 34-1311 Non-allowance of poll observers; procedures not conducted in public 34-1312; 34-1326(b) (c) Improper handling of ballots by poll officials--misplaced or destroyed ballots or tally sheets, unauthorized persons handling ballots, etc. 34-1308(a) (b); 34-1318; 341321; 34-1324(a); 34-1914; 34-1921(a) (b) (e); 34-1921(c); 34-1923; 34-1931 Improper ballot counting or voiding 34-1318; 34-1320; 34-1321(c); 34-1322; 34-1323; 34-1326; 34-1328; 34-1505; 34-1921(a) Polling place not properly set up--guard rails, sufficient space for secrecy, etc. 34-708 Ballots not folded so as to display numbered strip, or numbered strip removed before giving ballot to voter 34-1313(b); 34-1316(d) Did not post returns at polling place 34-1310(a); 34-1324(a); 34-1327 Absentee ballots mailed too late 34-1402(c); 34-1403; 34-1405 Ordinary did not keep office open till all ballots returned 34-1501 Ordinary did not follow pre election procedures for notice of canvass 34-1503; 34-1504 Improper procedures in polling place--voters did not sign voters' certificate; voter's name not checked off on voters' list 34-1310; 34-1922 WEDNESDAY, FEBRUARY 15, 1967 333 Poll workers did not wear badges 34-510 Voters' list not properly purged 34-620; 34-624; 34-625 Interference with poll officer in performing his duties 34-1924(b); 34-1936 Absentee voter in town on election day 34-1409; 34-1932 Absentee ballots opened prior to closing of polls 34-1407; 34-1939 The Speaker announced the House recessed until 4:00 o'clock, P.M. Mr. Barber of the 24th assumed the chair and called the House to order. 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 194. Do Pass, Respectfully submitted, Harris of 118th Chairman. Mr. Brown of the 34th moved that the House do now adjourn until 11:00 o'clock, tomorrow morning and the motion prevailed. The Acting Speaker announced the House adjourned until 11:00 o'clock, tomorrow morning. 334 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Thursday, February 16, 1967 The House met pursuant to adjournment at 11:00 o'clock, A.M., this day and was called to order by the Speaker. Prayer was offered by Rev. W. H. Ansley, Pastor Millen Methodist Church, Millen, 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: THURSDAY, FEBRUARY 16, 1967 335 HB 260. By Messrs. Murphy of the 26th, Caldwell of the 51st and Irvin of the llth: A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relative to the State Board of Corrections and to prisons, public works camps and prisoners; and for other purposes. Referred to the Committee on State Institutions & Property. HB 261. By Mr. Crowe of the 80th: A Bill to be entitled an Act to amend an Act establishing a city court in the City of Sylvester, Worth County, so as to change the jurisdiction of said court; and for other purposes. Referred to the Committee on Local Affairs. HB 262. By Messrs. Bowen and Rainey of the 69th: A Bill to be entitled an Act placing the Clerk of the Superior Court, the Sheriff and the Ordinary of Dooly County on an annual salary in lieu of the fee system of compensation, so as to provide for a salary for the sheriff within a certain salary range to be fixed within such range by the governing authority of Dooly County; and for other purposes. Referred to the Committee on Local Affairs. HB 263. By Messrs. Ware and Mullinax of the 42nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, so as to provide that the maximum fine the recorder may impose as punishment for an offense shall not exceed $200.00; and for other purposes. Referred to the Committee on Local Affairs. HB 264. By Messrs. Ware and Mullinax of the 42nd: A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Troup County, so as to change the compensation of the Judge; and for other purposes. Referred to the Committee on Local Affairs. HB 265. By Messrs. Ware and Mullinax of the 42nd: A Bill to be entitled an Act to change the compensation of the Coroner of Troup County; and for other purposes. Referred to the Committe on Local Affairs. 336 JOURNAL OP THE HOUSE, HB 266. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd, Wilson and Henderson of the 102nd: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Cobb County, so as to change the compensation of the Deputy Commissioner; and for other purposes. Referred to the Committee on Local Affairs. HB 267. By Messrs. Howard and McDaniell of the 101st, Jones of the 112th, Wilson and Henderson of the 102nd and others: A Bill to be entitled an Act to amend Code Section 56-407A relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, so as to change the provisions relating to the service of process upon insurance companies in certain actions; and for other purposes. Referred to the Committee on Judiciary. HB 268. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd, Wilson and Henderson 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 amend said Charter in order to add a new section in order to increase the corporate limits; and for other purposes. Referred to the Committee on Local Affairs. HB 269. By Messrs. Ware and Mullinax of the 42nd: A Bill to be entitled an Act to amend an Act which repealed an Act relative to the salaries of officials in certain counties and which pro vided for the compensation of the Clerk of the Superior Court, the Sheriff, the Ordinary and the Tax Commissioner of Troup County, so as to change the compensation of the Clerk of the Superior Court, the Sheriff, the Ordinary and the Tax Commissioner; and for other purposes. Referred to the Committee on Local Affairs. HB 270. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st, and Cooper of the 103rd: A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to permit the solicitor general to practice law to the extent that he may complete all cases and matters in which he was retained or employed prior to assuming the official duties of this office; and for other purposes. Referred to the Committee on Local Affairs. THURSDAY, FEBRUARY 16, 1967 337 HB 271. By Mr. Oglesby of the 92nd: A Bill to be entitled an Act to amend Code Title 34, constituting the "Georgia Election Code", so as to provide for party registration, voting machines; and for other purposes. Referred to the Committee on State of Republic. HB 272. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to amend Code Section 24-1716, relating to fees allowed ordinaries for certain of their services, so as to change the amount of certain fees allowed ordinaries; and for other purposes. Referred to the Committee on Judiciary. HB 273. By Mr. Jones of the 76th: A Bill to be entitled an Act to amend Code Section 61-107, so as to provide that the tenant may not dispute his landlord's title nor attorn to another while in actual physical occupation; and for other purposes. Referred to the Committee on Special Judiciary. HB 274. By Mr. Jones of the 76th: A Bill to be entitled an Act to amend an Act known as the "Revenue Bond Law", so as to eliminate the provision limiting the interest rates of revenue bonds to 6% per annum; and for other purposes. Referred to the Committee on Special Judiciary. HB 275. By Mr. Howard of the 101st: 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 county governing authorities may alter the lawful speed limits set forth in said Act under certain circumstances; and for other purposes. Referred to the Committee on Judiciary. HB 276. By Mr. Howard of the 101st: A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to define the powers of local authorities and police officers to remove unattended and aban doned vehicles on roads, bridges, highways, and rights-of-way; and for other purposes. Referred to the Committee on Judiciary. 338 JOURNAL OF THE HOUSE, HB 277. By Mr. Lee of the 35th: A Bill to be entitled an Act to amend an Act providing procedures for searches and seizures and for suppression of evidence illegally seized, so as to change the time when the Motion to Suppress Evidence Illegally Seized shall be made; and for other purposes. Referred to the Committee on Special Judiciary. HB 278. By Messrs. Potts and Blalock of the 33rd: A Bill to be entitled an Act changing the compensating of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the salary allowance of the sheriff's deputies and jailers; and for other purposes. Referred to the Committee on Local Affairs. HB 279. By Messrs. Harrington and Chandler of the 47th: A Bill to be entitled an Act to amend an Act authorizing State loans or grants to counties to aid in defraying the cost of property valuation and equalization programs for ad valorem tax purposes, so as to au thorize State grants to certain counties to aid in defraying the cost of property valuation and equalization programs for ad valorem tax purposes; and for other purposes. Referred to the Committee on Ways and Means. HB 280. By Messrs. Malone, Palmer, Smith and Vaughn of the 117th, Westlake, Jenkins, Davis and Higginbotham of the 119th: 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 corporate limits of said city; and for other purposes. Referred to the Committee on Local Affairs. HB 281. By Messrs. Starnes of the 13th and Bennett of the 95th: A Bill to be entitled an Act to amend Code Chapter 26-11 relating to the crimes of abortion, foeticide and infanticide, so as to provide for the additional exceptions where such acts are undertaken or accom plished by physicians; and for other purposes. Referred to the Committee on Judiciary. HB 282. By Messrs. Northcutt of the 25th and Barber of the 24th: A Bill to be entitled an Act to enlarge the powers, authority and jurisdiction of the Georgia Public Service Commission so as to au- THURSDAY, FEBRUARY 16, 1967 339 thorize said Commission to issue certificates of public convenience and necessity to radio common carrier corporations; and for other purposes. Referred to the Committee on Industry. HB 283. By Messrs. Vaughn, Palmer, Malone and Smith of the 117th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Rockdale County on an annual salary in lieu of the fee system of com pensation, so as to provide for a chief deputy sheriff; and for other purposes. Referred to the Committee on Local Affairs. HB 284. By Messrs. Whaley and Tye of the 115th, Smith and Gaynor of the 114th, Funk, Battle and Richardson of the 116th, Berry and Gignilliat of the 113th: A Bill to be entitled an Act to amend an Act amending, revising and consolidating the several acts granting corporate authority to the Town of Tybee, so as to change the hours of voting in municipal elections; and for other purposes. Referred to the Committee on Local Affairs. HB 285. By Mr. Ballard of the 37th: A Bill to be entitled an Act to provide for a new Board of Education of Newton County; and for other purposes. Referred to the Committee on Local Affairs. HB 286. By Mr. Ballard of the 37th: A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Newton County; and for other purposes. Referred to the Committee on Local Affairs. HB 287. By Mr. Ballard of the 37th: A Bill to be entitled an Act to amend an Act repealing an Act incor porating the City of Covington and granting a new charter to the City of Covington, so as to change the provisions relating to the qualifica tions of mayor and councilmen; and for other purposes. Referred to the Committee on Local Affairs. HB 288. By Mr. Ballard of the 37th: A Bill to be entitled an Act to place the Ordinary of Newton County on a salary basis in lieu of a fee basis; and for other purposes. Referred to the Committee on Local Affairs. 340 JOURNAL OF THE HOUSE, HB 289. By Mr. Ballard of the 37th: A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Newton County into the office of Tax Commissioner, so as to place the Tax Commissioner on a salary basis in lieu of a fee basis; and for other purposes. Referred to the Committee on Local Affairs. HB 290. By Mr. Ballard of the 37th: A Bill to be entitled an Act to place the Clerk of the Superior Court of Newton County on a salary basis in lieu of a fee basis; and for other purposes. Referred to the Committee on Local Affairs. HB 291. By Messrs. Leggett of the 21st, Dickinson of the 27th and Dean of the 20th: A Bill to be entitled an Act to provide that certain State employees shall not be required to retire upon reaching normal retirement age except under certain conditions; and for other purposes. Referred to the Committee on State of Republic. HB 292. By Messrs. Lambert of the 38th, Chandler and Harrington of the 47th, Land of the 53rd, Hadaway of the 46th and Moate of the 39th: A Bill to be entitled an Act to provide for an additional Judge of the Superior Courts of the Ocmulgee Judicial Circuit; and for other pur poses. Referred to the Committee on Judiciary. HB 293. By Messrs. Matthews of the 29th, Thomas of the 77th, Lambros of the 130th and Turner of the 123rd: A Bill to be entitled an Act to provide for the issuance by the State Revenue Commissioner of special license tags to motor vehicle owners who operate citizens' band radio stations; and for other purposes. Referred to the Committee on Motor Vehicles. HB 294. By Mr. Lambros of the 130th: A Bill to be entitled an Act to provide for the licensing and regulation of collection agencies; and for other purposes. Referred to the Committee on Industry. THURSDAY, FEBRUARY 16, 1967 341 HR 114-294. By Messrs. Smith of the 114th, Funk, Richardson and Battle of the 116th, Tye and Whaley of the 115th, Berry and Gignilliat of the 113th: A Resolution proposing to the qualified voters of Chatham County an amendment to Article VIII, Section I, Paragraph III of the Constitu tion providing for tax equalization by authorizing levying of taxes other than taxes on real and personal property; and for other purposes. Referred to the Committee on Local Affairs. HR 115-294. By Messrs. Starnes, Minge and Lowrey of the 13th: A Resolution authorizing the granting of an easement across, through and over certain real property located in Floyd County; and for other purposes. Referred to the Committee on State Institutions & Property. HR 116-294. By Mr. Douglas of the 60th: A Resolution to compensate Mr. Larry Dixon; and for other purposes. Referred to the Committee on Appropriations. HR 117-294. By Mr. Colling of the 62nd: A Resolution relative to granting an easement to the Southern Bell Telephone & Telegraph Company; and for other purposes. Referred to the Committee on State Institutions & Property. HR 118-294. By Mr. Oglesby of the 92nd: A Resolution authorizing and directing the State Properties Control Commission to sell, or attempt to sell, the Western and Atlantic Railroad and related property; and for other purposes. Referred to the Committee on State Institutions & Property. HR 119-294. By Mr. Moore of the 12th: A Resolution proposing an amendment to the Constitution, so as to provide for the establishment of fire protection districts in Stephens County; and for other purposes. Referred to the Committee on Local Affairs. HB 295. By Messrs. Lambert of the 38th, Busbee of the 79th, Murphy of the 26th, McClatchey of the 138th, Richardson of the 116th and Wood of the 16th: A Bill to be entitled an Act to amend Code Title 56 relating to insurance, so as to provide for the procedure whereby the rates of insurance companies shall be fixed and regulated; and for other purposes. Referred to the Committee on Insurance. 342 JOURNAL OP THE HOUSE, HB 296. By Messrs. Williams of the 16th, Johnson of the 40th, Vaughan and Harris of the 14th and Cole of the 3rd: A Bill to be entitled an Act to amend an Act requiring identification numbers of certain motor vehicles and component parts, so as to change the components requiring identification numbers; and for other pur poses. Referred to the Committee on Motor Vehicles. HR 120-296. By Mr. Murphy of the 26th: 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, relating to Federal grants; and for other purposes. Referred to the Committee on State of Republic. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 226. By Messrs. Lane of the 126th, Adams of the 125th, Gates of the 123rd, 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 East Point so as to extend the corporate limits; and for other purposes. HB 227. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act supplementing the com pensation of the Ordinary of Long County, so as to change the com pensation of the Ordinary; and for other purposes. HB 228. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Long County on an annual salary in lieu of the fee system, so as to provide for the depositing of funds collected by the Sheriff; and for other purposes. HB 229. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act establishing the Commis sioners of Roads and Revenues for Long County, so as to change the compensation of the commissioners; and for other purposes. THURSDAY, FEBRUARY 16, 1967 343 HB 230. By Mr. Hale of the 1st: A Bill to be entitled an Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning com missions, s o as to remove restrictions which limit the appointment of public officials to planning commissions; and for other purposes. HB 231. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 38th: 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 clarify the provisions relating to allowances and committees; and for other purposes. HB 232. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 38th: A Bill to be entitled an Act to amend Code Section 47-210, relating to the salaries and fees of the Secretary of the Senate and the Clerk of the House of Representatives, so as to provide annual compensation and allowances for the Secretary of the Senate and the Clerk of the House of Representatives; and for other purposes. HB 233. By Messrs. Melton of the 34th, Peterson of the 59th, Tucker of the 36th, Carnes of the 129th, and Bostick of the 93rd: A Bill to be entitled an Act to amend an Act providing for the classifi cation of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes, so as to provide that motor vehicles which are purchased from a manufacturer, for the purposes of said Act, shall not be deemed to be owned until the motor vehicle is delivered to the purchaser; and for other purposes. HB 234. By Mr. Holder of the 70th: A Bill to be entitled an Act to amend an Act changing the compensa tion of the Ordinary of Dodge County from the fee and salary system to the salary system exclusively, so as to change the compensation of the ordinary; and for other purposes. HB 235. By Mr. Holder of the 70th: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Dodge County, so as to change the allowable compensation of the clerk and employee of the Tax Commissioner; and for other purposes. HB 236. By Mr. Holder of the 70th: A Bill to be entitled an Act to amend an Act changing from the fee system to the salary system in the County of Dodge, the sheriff of said county and the clerk of the superior court thereof, so as to change the 344 JOURNAL OF THE HOUSE, compensation of the sheriff and clerk of the superior court of said county; and for other purposes. HB 237. By Mr. Holder of the 70th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Dodge County, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes. HB 238. By Mr. Kirksey of the 87th: A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Miller County into the office of the tax commis sioner; and, for other purposes. HB 239. By Mr. Kirksey of the 87th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Seminole County, known as the fee system; and for other purposes. HB 240. By Messrs. Westlake of the 119th and Wood of the 16th: A Bill to be entitled an Act to amend Code Section 56-704, relating to unfair methods of competition and unfair acts or practices as they pertain to the insurance industry, so as to further define and prohibit unfair insurance practices; and for other purposes. HB 241. By Messrs. Westlake, Davis and Higginbotham of the 119th, Malone and Smith of the 117th: A Bill to be entitled an Act to amend Code Section 39-1103, relating to the selection of the official organ of counties, so as to provide the procedure for selecting the official organs of certain counties; and for other purposes. HB 242. By Messrs. Mullinax and Ware of the 42nd: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of LaGrange, so as to increase the corporate limits; and for other purposes. HB 243. By Messrs. Mullinax and Ware of the 42nd: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of LaGrange, so as to increase the corporate limits; and for other purposes. THURSDAY, FEBRUARY 16, 1967 345 HB 244. By Messrs. Richardson of the 116th, Johnson of the 25th, Savage of the 58th, Moreland of the 28th and Holder of the 70th: A Bill to be entitled an Act to provide which persons are authorized to consent to surgical or medical treatment for adults, for minors, for adults of unsound mind: to provide for consents by adoptive rela tions, foster, step, and half-blood relations, common-law marriage re lations, ceremonial marriage relations and consents by or for illegiti mate relations; and for other purposes. HB 245. By Messrs. Harris and Levitas of the 118th: A Bill to be entitled an Act to prohibit the possession by any minor of liquor, beer, wine, or alcoholic beverages of any kind; and for other purposes. HB 246. By Messrs. Cole, Smith and Leonard of the 3rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dalton, so as to authorize the mayor and council by ordinance to impose, levy and collect an occupational license tax at a rate not in excess of 1 percentum of all wages for work, labor, or services performed in the City of Dalton; and for other purposes. HB 247. By Messrs. Harris and Levitas of the 118th, Jones of the 112th and Dillon of the 128th: A Bill to be entitled an Act to create and define the offense of inciting to riot; and for other purposes. HB 248. By Messrs. Levitas and Harris of the 118th, Vaughn, Palmer of the 117th and others: A Bill to be entitled an Act to amend Code Section 34-602 of the Geor gia Election Code relating to elector qualifications for applicants acquiring age and residence qualifications, so as to provide different voter registration requirements in regard to elections for presidential and vice-presidential electors and for governor and lieutenant governor; and for other purposes. HB 249. By Mr. Harris of the 85th: A Bill to be entitled an Act to amend an Act known as the "Georgia Liming Materials Act of 1963", so as to provide for additional defini tions; to include aragonite liming materials and natural or ground aragonite under such definitions; and for other purposes. HB 250. By Messrs. Westlake, Higginbotham and Davis of the 119th and Smith of the 117th: A Bill to be entitled an Act to provide for a bond accountability pro cedure for certain counties; and for other purposes. 346 JOURNAL OF THE HOUSE, HB 251. By Mr. Mixon of the 81st: A Bill to be entitled an Act to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to provide for the election of the members of the Peanut Commission by the members of the Peanut Growers Association; and for other purposes. HB 252. By Messrs. Snow of the 1st, Carnes of the 129th, Tucker of the 36th, Adams of the 125th 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. HR 106-252. By Messrs. Pickard, Buck and Jones 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 the Muscogee County Industrial Development Authority; and for other purposes. HR 107-252. By Mr. Williams of the 16th: A Resolution compensating Ernest Dyer; and for other purposes. HR 108-252. By Mr. Cook of the 123rd: A Resolution compensating Mrs. Vonceille T. White; and for other purposes. HR 109-252. By Mr. Land of the 53rd: A Resolution designating the Homer L. Chance Highway; and for other purposes. HR 110-252. By Messrs. Ballard of the 37th, Nimmer of the 84th and Sweat of the 83rd: A Resolution proposing an amendment to the Constitution, so as to change the jurisdiction of certain Justices of the Peace; and for other purposes. HB 253. By Messrs. Smith of the 3rd, Steis of the 100th, Richardson of the 116th, Mrs. Hamilton of the 137th, and Mr. Underwood of the 61st: 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 THURSDAY, FEBRUARY 16, 1967 347 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. HB 254. By Messrs. Murphy of the 26th, Caldwell of the 51st, Irvin of the llth and Barber of the 24th: A Bill to be entitled an Act to amend an Act known as "The Georgia Insurance Code of 1960", so as to authorize insurers to make or invest in loans guaranteed as to principal and interest by the Georgia Higher Education Assistance Corporation, to the extent of such guaranty; and for other purposes. HB 255. By Messrs. Murphy of the 26th, Caldwell of the 51st, Irvin of the llth and Barber of the 24th: A Bill to be entitled an Act to amend Section 100-108 of the Code of Georgia of 1933, so as to provide that loan obligations held by State depositories guaranteed as to principal and interest by the Georgia Higher Education Assistance Corporation may be used by depositories as security for deposits of State funds to the extent of 10% of the amount of State funds on deposit with such depositories; and for other purposes. HB 256. By Messrs. Murphy of the 26th, Caldwell of the 51st, Irvin of the llth and Barber of the 24th: 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 change provisions relating to interest on loans guaran teed by the Corporation; and for other purposes. HB 257. By Messrs. Snow and Crowe of the 1st and Ward of the 2nd: 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 provisions of said Act the sale of water by non-profit, Georgia incorporated water associations; and for other purposes. HR 111-257. By Messrs. Snow and Hale of the 1st: A Resolution authorizing and directing the State Librarian to furnish certain law books to the Lookout Mountain Judicial Circuit; and for other purposes. HB 258. By Messrs. Egan of the 141st, Cook of the 123rd, Smith of the 54th, Lee of the 79th, and others: A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers and Consumers Sales and Use Tax Act", so as to authorize 348 JOURNAL OF THE HOUSE, counties and certain municipalities to levy a general retail sales tax; and for other purposes. HB 259. By Messrs. Moore of the 12th, Parker of the 68th and Northcutt of the 35th: A Bill to be entitled an Act to amend an Act relating to the separate classification of motor vehicles for ad valorem tax purposes, and requiring the payment of such taxes at the time the owner makes application for registration of a motor vehicle, so as to provide that county commissioners shall have the authority to spend funds to carry out said Act; and for other purposes. SB 7. By Senator Hill of the 29th: A Bill to be entitled an Act to provide a new charter for the City of Greenville; and for other purposes. SB 47. By Senators Hensley of the 33rd and Chapman of the 32nd: A Bill to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, so as to change the compensation of the Authority members; to require that contractors who are awarded contracts by the Authority shall give bond in an amount equal to the amount of the bid; and for other purposes. Mr. Pickard of the 112th Chairman of the Committee on Industry submitted the following report: Mr. Speaker: Your Committee on Industry has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 16. Do Not Pass. HB 106. Do Pass. Respectfully submitted, Pickard of the 112th Chairman. Mr. Clarke of the 45th District Chairman of the Committee on Local Af fairs submitted the following report: THURSDAY, FEBRUARY 16, 1967 349 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 221. Do Pass. HB 227. Do Pass. HB 228. Do Pass. HB 229. Do Pass. HB 234. Do Pass. HB 235. Do Pass. HB 236. Do Pass. HB 237. Do Pass. HB 238. Do Pass. HB 239. Do Pass. HB 242. Do Pass. HB 243. Do Pass. HR 106-252. Do Pass as Amended. HR 13- 16, Do Pass as Amended. Respectfully submitted, Clarke of 45th Chairman. 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 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 137. Do Pass. HB 57. Do Pass as Amended. HB 138. Do Pass. HB 51. Do Pass by Committee Substitute. HB 110. Do Pass as Amended. Respectfully submitted, Williams of the 16th Chairman. 350 JOURNAL OP THE HOUSE, Mr. Steis of the 100th 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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations: HR 66-153. Do Pass. Respectfully submitted, Steis of 100th Chairman. The following report was received: MINORITY REPORT OP THE INDUSTRY COMMITTEE ON HOUSE BILL NO. 16 The minority of the Industry Committee, voting on House Bill No. 16, consisting of the undersigned, does hereby disagree with the majority report of the Committee and gives as its reasons therefor the following: 1) The adoption of the Uniform Time Act of 1966 would be detrimental to the health, welfare, peace and order of the citizens of the State of Georgia. 2) The adoption of the Uniform Time Act of 1966 is contrary to the wishes and desires of a majority of the citizens of the State of Georgia. 3) The Uniform Time Act of 1966 is of such vital importance to every man, woman and child in this State that all members of the House should be given the opportunity to express the desires of their constituents. 4) The failure to pass House Bill No. 16, to keep Georgia on Eastern Standard Time throughout the entire year, will result in the Federal Government dictating to the citizens of this State the time standards we should observe. Respectfully submitted, Is/ Thomas B. Buck of 112th /si Carlus Gay of 60th /s/ Wayne Snow, Jr. of 1st /s/ T. Laurence Shields of lllth THURSDAY, FEBRUARY 16, 1967 351 Mr. Cato of the 89th asked unanimous consent that the following Bill of the House be placed on the general calendar to consider the unfavorable report of the Committee: HB 16. By Messrs. Hale of the 1st, Smith, Cole and Leonard of the 3rd, Ward of the 2nd, Colwell of the 5th and others: A Bill to be entitled an Act to provide that the standard time of the State of Georgia and of all governmental agencies, units and political subdivisions of the State of Georgia shall be eastern standard time; and for other purposes. The consent was given, and HB 16 was ordered placed on the calendar. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has adopted the following resolutions of the House, to-wit: HR 96. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th and others: A Resolution expressing appreciation for the open house at the Uni versity of Georgia; and for other purposes. HR 97. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th and others: A Resolution expressing appreciation to the officials of the Georgia Institute of Technology; and for other purposes. HR 98. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, and others: A Resolution expressing appreciation to the Institute for Legislators; and for other purposes. By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 165. By Messrs. Lane of the 126th, Hill of the 121st, Cook, Turner and Gates of the 123rd: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point relating to a personal board of appeals; and for other purposes. 352 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 166. By Messrs. Rowland and Joiner of the 48th: A Bill to be entitled an Act to amend an Act placing the sheriff of Washington County upon an annual salary, so as to change the com pensation of the Sheriff; to change the compensation of his full-time deputies and secretary; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 167. By Mr. Otwell of the 10th: A Bill to be entitled an Act to reincorporate the City of Dawsonville in the County of Dawson and to grant a new charter to 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 170. By Mr. Hall of the 67th: A Bill to be entitled an Act to amend an Act providing for a charter for the City of Smithville, so as to change the hours during which the polls for elections shall be open in said city; and for other purposes. THURSDAY, FEBRUARY 16, 1967 353 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 175. By Messrs. Lowrey, Starnes and Minge of the 13th: A Bill to be entitled an Act to amend an Act establishing law libraries in certain counties, so as to change the counties to which such Acts shall apply; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 177. By Messrs. Lee, Gary and Northcutt of the 35th: A Bill to be entitled an Act to amend an Act incorporating the City of Lake City in the County of Clayton, so as to change the provisions relating to the compensation 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 182. By Mrs. Merritt and Mr. Parker of the 68th, Savage of the 58th, Black of the 56th and Hall of the 67th: A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Southwestern Judicial Circuit, so as to change the compensation of said official court reporter; and for other purposes. 354 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 183. By Mr. Lovell of the 6th: A Bill to be entitled an Act to amend an Act authorizing the Ordinary of Rabun County to additionally compensate the Secretary of the Tax Commissioner, so as to change the amount allowable for the Secretary of the Tax Commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 184. By Mr. Lovell of the 6th: A Bill to be entitled an Act to amend an Act providing a secretarial assistant for the Clerk of the Superior Court of Rabun County, so as to change the amount of compensation to be paid to the secretary 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 115, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 185. By Messrs. Lee, Gary and Northcutt of the 35th: A Bill to amend an Act creating the Clayton Judicial Circuit, so as to change the compensation of the Solicitor General; and for other pur poses. THURSDAY, FEBRUARY 16, 1967 355 The report 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 186. By Messrs. Lee, Gary and Northcutt of the 35th: A Bill to repeal all Acts relating to the incorporation of the Town of Lovejoy; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 187. By Messrs. Lee, Gary and Northcutt 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 Fayette County, so as to cor rect a typographical error; and for other purposes. The report 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 188. By Mr. Lovell of the 6th: A Bill to be entitled an Act to amend an Act providing for compensation for the Ordinary of Rabun County and compensation for secretarial assistance to the Ordinary; so as to change the compensation authorized for the secretary of the Ordinary; and for other purposes. 356 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 189. By Mr. Smith of the 44th: A Bill to be entitled an Act to provide for the election of members of the Board of Education of Pike County; to provide for education dis tricts ; and for other purposes. The report 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 190. By Mr. Smith of the 44th: A Bill to be entitled an Act to amend the Charter of the Town of Williamson so as to change the method of electing councilmen and their terms of office; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 195. By Mr. Smith of the 44th: A Bill to be entitled an Act to consolidate the offices of tax receiver and and tax collector of Pike County into the office of the tax commissioner; and for other purposes. THURSDAY, FEBRUARY 16, 1967 357 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 200. By Messrs. Scarlett and 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 of Glynn County, so as to provide for a five-member Board; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 206. By Mr. Crowe of the 80th: A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Worth County into the office of tax commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 207. By Mr. Crowe of the 80th: A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Worth County, known as the fee system; and for other purposes. 358 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 115, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 208. By Mr. Crowe of the 80th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Worth 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 209. By Mr. Reaves of the 99th: A Bill to be entitled an Act to implement the provisions of Article VII, Section V, Paragraph I of the Constitution, relating to the Brooks County Development Authority; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 212. By Mr. Leonard of the 3rd: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Chatsworth, so as to change the corporate limits of said city; and for other purposes. THURSDAY, FEBRUARY 16, 1967 359 The report 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 222. By Mr. McCracken of the 49th: A Bill to be entitled an Act to amend an Act entitled "An Act creating the City Court of Louisville . . .", 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 115, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 223. 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, so as to change the compensation 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. By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 9. By Messrs. Richardson, Battle, Tye and Whaley of the 116th, Gaynor and Smith of the 114th, Gignilliat and Berry of the 113th: A Bill to be entitled an Act to amend an Act to implement the pro visions of Article 5, Section 7, Paragraph 2, of the Constitution of the 360 JOURNAL OP THE HOUSE, State of Georgia which created the Savannah District Authority, so as to provide for the expiration date of the terms of office of certain members; and for other purposes. The following Committee amendment was read: Committee on Judiciary moves to amend HB 9 as follows: By inserting immediately following the title the following para graph : "Whereas, the provisions of Article V, Section VII, of the Constitution of the State of Georgia, by amendment thereto ratified at the general election in November, 1966, changed the name of the constitutional authority of the State of Georgia theretofore known as Savannah District Authority to 'Savannah Port Authority'; and" Mr. Richardson of the 116th moved that the House agree to the Senate amend ment. On the motion to agree, the ayes were 110, nays 0. The motion prevailed, and the Senate amendment to HB 9 was agreed to. Mr. Harris of the 118th asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Judiciary and referred to the Committee on Insurance: HB 240. By Messrs. Westlake of the 119th and Wood of the 16th: A Bill to be entitled an Act to amend Code Section 56-704, relating to unfair methods of competition and unfair acts or practices as they pertain to the insurance industry, so as to further define and prohibit unfair insurance practices; and for other purposes. The consent was granted, and HB 240 was withdrawn and referred to the Committee on Insurance. Mr. Lambert of the 38th assumed the Chair. Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: THURSDAY, FEBRUARY 16, 1967 361 HB 194. By Messrs. Harris of the 85th and Harris of the 118th: A Bill to be entitled an Act to amend an Act revising pre-trial, trial and certain post trial procedure in civil cases known as the "Georgia Civil Practice Act", approved March 18, 1966, so as to postpone 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 103, nays 1. The Bill, having received the requisite constitutional majority, was passed. Mr. Caldwell of the 51st served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 194. HB 52. By Mr. Brown of the 34th: A Bill to be entitled an Act to amend an Act amending Chapter 92-22 relating to the imposition of a tax on the sale and use of cigars, cig arettes, etc., as amended, so as to change the incidence of the tax; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agree to. On the passage of the Bill, the ayes were 117, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 53. By Mr. Brown of the 34th: A Bill to be entitled an Act to amend an Act which repealed an Act which repealed Part 3, Cigars and Cigarettes, Chapter 92-22, of the 1931 Code of Georgia, so as to authorize special agents and enforce ment officers of the Revenue Department, in the enforcement of cigar and cigarette taxes imposed by this State, to bear arms, make arrests, execute warrants for arrest; and for other purposes. 362 JOURNAL OF THE HOUSE, The following Committee amendment was read and adopted: The Ways and Means Committee moves to amend HB 53 by deleting the numbers 286 in Section 1, line 6, and inserting in lieu thereof the numbers 268. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, as amended, the ayes were 108, nays 8. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 75. By Mr. McClatchey of the 138th: A Bill to be entitled an Act to amend Code Section 34-1307 prohibiting campaign activities by any person, with the exception of candidates, within 250 feet of any polling place; and for other purposes. The following amendment was read: Mr. Cheeks of the 104th District moves to amend sub-section (2) of Section 34-1307 of HB 75 by adding the following words: "with the exception of candidates", so that when said bill is amended it shall read: "(a) It shall be unlawful for any person with the exception of candidates, to solicit votes in any manner, or by any means or method, in support of himself or any other person, party, body, or proposition on any primary or election day within two hundred fifty (250) feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater." Mr. McClatchey of the 138th asked unanimous consent that the Bill and amendment thereto be recommitted to the Committee on Special Judiciary for further study. The consent was granted, and HB 75 was recommitted. THURSDAY, FEBRUARY 16, 1967 363 HB 210. By Messrs. Harrison of the 98th, Branch of the 74th, Thomas of the 77th, Scarlett and Harris of the 85th and Conner of the 91st: A Bill to be entitled an Act to add one additional judge of the superior courts of the Brunswick Judical Circuit 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 112, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 215. By Messrs. Thompson of the 110th, Thompson of the lllth, Jones and Buck of the 112th: A Bill to be entitled an Act to amend an Act known as "The Children and Youth Act", approved March 14, 1963, so as to provide that the provisions relating to unlicensed placement of children for care or adoption shall be inapplicable to a properly licensed attorney at law while acting within the scope of his professional capacity; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. Mr. Moore of the 20th presented Mr. Doug Sanders, golf champion, to the members of the House. Mr. Sanders briefly addressed the House. Under the general order of business, the following Bill of the House was again taken up for consideration: HB 43. By Messrs. Westlake and Higginbotham of the 119th and Smith of the 117th: 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 364 JOURNAL OF THE HOUSE, person who shall render assistance to any law enforcement officer who is being hindered or whose life is being endangered; and for other purposes. Mr. Westlake of the 119th offered the following substitute, which was read and adopted: Substitute for HB 43. A BILL TO BE ENTITLED An Act to amend Code Chapter 27-2, relating to arrests, as amended, so as to limit the criminal liability of any person who shall under certain conditions 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; to provide that the official report of the law en forcement agency shall be deemed to create a rebuttable presumption of the good faith and reasonableness of the person assisting the law enforcement officer; to provide the purposes therefor; to repeal con flicting laws; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA: Section 1. Code Chapter 27-2, relating to arrests, is hereby amended by adding a new Code Section to be known as Code Section 27-219, to read as follows: "27-219. Any person who shall render assistance reasonably and in good faith to any law enforcement officer who is being hind ered in the performance of his official duties or whose life is being endangered by the conduct of any other person or persons while performing his official duties shall be immune, to the same extent as the said law enforcement officer, from any criminal liability that might otherwise be incurred or imposed as a result of rendering such assistance to any such law enforcement officer. The official report of the law enforcement agency shall create a rebuttable presumption of good faith and reasonableness on the part of the person who assists the law enforcement officer." Section 2. The purpose of this Act is to provide for assistance to law enforcement officers by citizens who act in good faith to assist law enforcement officers whose health and safety is being adversely affected and threatened by the conduct of any other person or persons. This Act shall be liberally construed so as to carry out the purposes thereof. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. THURSDAY, FEBRUARY 16, 1967 365 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 108, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substitute. Mr. Lewis of the 50th 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. 366 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Friday, February 17th, 1967 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. George J. White, Jefferson Street Baptist Church, Dublin, 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 297. By Messrs. Snow, Crowe and Hale of the 1st: A Bill to be entitled an Act incorporating the City of Rossville, so as to change the compensation of the mayor and councimen, city clerk, treasurer, and tax collector; and for other purposes. Referred to the Committee on Local Affairs. FRIDAY, FEBRUARY 17, 1967 367 HB 298. By Mr. Moore of the 20th: A Bill to be entitled an Act to declare 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 299. By Mr. Cook of the 123rd, Mrs. Hamilton of the 137th, Messrs. Games of the 129th, Adams of the 125th, Hood of the 124th, Gates of the 123rd and others: A Bill to be entitled an Act to authorize all municipalities in this State having a population of more than 300,000, to sell, exchange or otherwise dispose of any real or personal property comprising parks, playgrounds, golf courses, swimming pools or other like property; and for other purposes. Referred to the Committee on Local Affairs. HB 300. By Mr. Cook of the 123rd, Mrs. Hamilton of the 137th, Messrs. Carnes of the 129th, Dillon of the 128th, Adams of the 125th, Hood of the 124th, Grier of the 132nd and others: A Bill to be entitled an Act to amend an Act known as "Authority to require repair, closing or demolition of certain buildings in certain cities (300,000 or more)", so as to fix the time of the attachment of liens against the real property for the cost of vacating and closing; and for other purposes. Referred to the Committee on Local Affairs. HB 301. By Mr. Cook of the 123rd, Mrs. Hamilton of the 137th, Messrs. Carnes of the 129th, Dillon of the 128th, Adams of the 125th, Hood of the 124th, Turner of the 123rd and others: A Bill to be enttiled an Act to amend Title 29, Chapter 29-1, Section 29-101 of the Code of Georgia of 1933, so as to require the inclusion of the address of the maker in a deed of conveyance to lands; and for other purposes. Referred to the Committee on Special Judiciary. HB 302. By Mr. Cook of the 123rd, Mrs. Hamilton of the 137th, Messrs. Carnes of the 129th, Dillon of the 128th, Adams of the 125th, Hood of the 124th, Townsend of the 140th and others: A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, relating to street improvement; and for other purposes. Referred to the Committee on Local Affairs. 368 JOURNAL OF THE HOUSE, HB 303. By Mr. Cook of the 123th, Mrs. Hamilton of the 137th, Messrs. Carnes of the 129th, Adams of the 125th, Dillon of the 128th, Hood of the 124th, Turner of the 123rd and others: A Bill to be entitled an Act requiring the State and subdivisions thereof to be subject to and comply with the ordinances of municipal corpora tions of this State having a population of more than 300,000, which affects or relates to the construction, maintenance, alteration, repair, demolition or removal of buildings or structures erected or to be erected within the corporate limits of such municipalities; and for other purposes. Referred to the Committee on Local Affairs. HR 121-303. By Mr. Cook of the 123rd, Mrs. Hamilton of the 137th, Messrs. Carnes of the 129th, Dillon of the 128th, Hood of the 124th, Adams of the 125th, Turner of the 123rd and others: A Resolution to reestablish the 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. Referred to the Committee on Local Affairs. HB 304. By Mr. Paris of the 23rd: 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 not be authorized to suspend or revoke the driver's license of any person or the registration of any motor vehicle unless it is shown that such person was notified to furnish proof of the required deposit; and for other purposes. Referred to the Committee on Judiciary. HB 305. By Messrs. Dean and Moore of the 20th: A Bill to be entitled an Act amending, consolidating and superseding the several Acts incorporating the Town of Rockmart, so as to provide that the mayor and councilmen shall be eligible to succeed themselves; and for other purposes. Referred to the Committee on Local Affairs. HB 306. By Messrs. Newton and Lewis of the 50th, Nessmith of the 64th, and Parker of the 55th: A Bill to be entitled an Act to require dealers in junk or metals purchasing copper wire or cable to keep a register; and for other purposes. Referred to the Committee on Judiciary. FRIDAY, FEBRUARY 17, 1967 369 HB 307. By Messrs. Pickard, Jones and Buck of the 112th, Thompson of the 110th and Thompson of the lllth: A Bill to be entitled an Act to amend Section 59-106 of the Code of Georgia of 1933, relating to the revision of jury lists and the method whereby jury commissioners choose grand and traverse jurors, so as to change the method of choosing grand and traverse jurors; and for other purposes. Referred to the Committee on Special Judiciary. HB 308. By Mr. Paris of the 23rd: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide that the Director shall not be authorized to revoke the driver's license of any operator or chauffeur unless it can be shown that such person was notified at least 15 days prior to the revocation or suspension of such driver's license; and for other purposes. Referred to the Committee on Judiciary. HB 309. By Messrs. Murphy of the 26th, Caldwell of the 51st, Irvin of the llth, Barber of the 24th, Williams of the 16th and others: A Bill to be entitled an Act to authorize the State Highway Department of Georiga to acquire rights-of-way and easements for the construction of Federal parkways in this State; and for other purposes. Referred to the Committee on Highways. HB 310. By Messrs. Gay and Douglas of the 60th: A Bill to be entitled an Act to provide revenue and a source of revenue for the purpose of improving the operations of the courts and promoting justice in any counties in this State having a population of not less than 31,500 and not more than 33,000; and for other purposes. Referred to the Committee on Local Affairs. HB: 311. By Messrs. Phillips of the 41st, Irvin of the llth, Moate of the 39th, Smith of the 3rd, McCracken of the 49th and Smith of the 54th: A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Interstate Compact on Juveniles"; and for other purposes. Referred to the Committee on Interstate Coop. HR 122-311. By Mrs. Merritt of the 68th: A Resolution urging that the famous steam Locomotive known as the General be returned to the State of Georgia; and for other purposes. Referred to the Committee on State Institutions & Property. 370 JOURNAL OF THE HOUSE, HR 123-311. By Mr. Colwell of the 5th: A Resolution compensating Clyde Ravan, doing business as Community Grocery; and for other purposes Referred to the Committee on Appropriations. HR 124-311. By Messrs. Wilson and Henderson of the 102nd, Howard of the 101st and Cooper of the 103rd: A Resolution relative to the steam locomotive "General"; and for other purposes. Referred to the Committee on State Institutions & Property. HB 312. By Mr. Edwards of the 57th: A Bill to be entitled an Act creating a small claims court in each county in this state having a population of not less than 8,250 and not more than 8,350; and for other purposes. Referred to the Committee on Special Judiciary. HR 125-312. By Messrs. Higginbotham, Westlake, Davis, Jenkins of the 119th, Palmer of the 117th, Jones of the 82nd, Lee of the 79th and many others: A Resolution to create an interim committee to study the Motor Vehicle Inspection Law; and for other purposes. Referred to the Committee on Rules. HB 313. By Messrs. Northcutt of the 35th, Leggett of the 21st, Tucker of the 36th, Wamble of the 90th, Farrar of the 118th, Barber of the 24th, Howell of the 86th, Gary of the 35th and Cheeks of the 104th: A Bill to be entitled an Act to amend an Act relating to the revocation and suspension of drivers and chauffeurs licenses and any other pro vision of the Motor Vehicle Safety Responsibility Act to the contrary, so as to provide that the Trial Judge may have discretion to permit a driver or chauffeur whose license is necessary in the conduct of his business to operate a vehicle for business purposes during the period of suspension or revocation; and for other purposes. Referred to the Committee on Motor Vehicles. HR 126-313. By Messrs. Ware of the 42nd, Moate of the 39th, Smith of the 3rd, Longino of the 122nd and Moore of the 20th: A Resolution proposing a lease transaction involving a lease of the Western and Atlantic Railroad; directing the Attorney General of Georgia to participate in any proceedings instituted before the Inter state Commerce Commission to determine the public interest, convenience FRIDAY, FEBRUARY 17, 1967 371 and necessity in the lease of the Western and Atlantic Railroad; and for other purposes. Referred to the Committee on State Institutions & Property. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 260. By Messrs. Murphy of the 26th, Caldwell of the 51st and Irvin of the llth: A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relative to the State Board of Corrections and to prisons, public works camps and prisoners; and for other purposes. HB 261. By Mr. Crowe of the 80th: A Bill to be entitled an Act to amend an Act establishing a city court in the City of Sylvester, Worth County, so as to change the jurisdiction of said court; and for other purposes. HB 262. By Messrs. Bowen and Rainey of the 69th: A Bill to be entitled an Act placing the Clerk of the Superior Court, the Sheriff and the Ordinary of Dooly County on an annual salary in lieu of the fee system of compensation, so as to provide for a salary for the Sheriff within a certain salary range to be fixed within such range by the governing authority of Dooly County; and for other purposes. HB 263. By Messrs. Ware and Mullinax of the 42nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, so as to provide that the maximum fine the recorder may impose as punishment for an offense shall not exceed $200.00; and for other purposes. HB 264. By Messrs. Ware and Mullinax of the 42nd: A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Troup County, so as to change the compensation of the Judge; and for other purposes. HB 265. By Messrs. Ware and Mullinax of the 42nd: A Bill to be entitled an Act to change the compensation of the Coroner of Troup County; and for other purposes. 372 JOURNAL OF THE HOUSE, HB 266. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd, Wilson and Henderson of the 102nd: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Cobb County, so as to change the compensation of the Deputy Commissioner; and for other purposes. HB 267. By Messrs. Howard and McDaniell of the 101st, Jones of the 112th, Wilson and Henderson of the 102nd and others: A Bill to be entitled an Act to amend Code Section 56-407A relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, so as to change the provisions relating to the service of process upon insurance companies in certain actions; and for other purposes. HB 268. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd, Wilson and Henderson 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 amend said Charter in order to add a new section in order to increase the corporate limits; and for other purposes. HB 269. By Messrs. Ware and Mullinax of the 42nd: A Bill to be entitled an Act to amend an Act which repealed an Act relative to the salaries of officials in certain counties and which pro vided for the compensation of the Clerk of the Superior Court, the Sheriff, the Ordinary and the Tax Commissioner of Troup County, so as to change the compensation of the Clerk of the Superior Court, the Sheriff, the Ordinary and the Tax Commissioner; and for other purposes. HB 270. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st, and Cooper of the 103rd: A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to permit the solicitor general to practice law to the extent that he may complete all cases and matters in which he was retained or employed prior to assuming the official duties of this office; and for other purposes. HB 271. By Mr. Oglesby of the 92nd: A Bill to be entitled an Act to amend Code Title 34, constituting the "Georgia Election Code", so as to provide for party registration, voting machines; and for other purposes. FRIDAY, FEBRUARY 17, 1967 373 HB 272. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to amend Code Section 24-1716, relating to fees allowed ordinaries for certain of their services, so as to change the amount of certain fees allowed ordinaries; and for other purposes. HB 273. By Mr. Jones of the 76th: A Bill to be entitled an Act to amend Code Section 61-107, so as to provide that the tenant may not dispute his landlord's title nor attorn to another while in actual physical occupation; and for other purposes. HB 274. By Mr. Jones of the 76th: A Bill to be entitled an Act to amend an Act known as the "Revenue Bond Law", so as to eliminate the provision limiting the interest rates of revenue bonds to 6% per annum; and for other purposes. HB 275. By Mr. Howard of the 101st: 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 county governing authorities may alter the lawful speed limits set forth in said Act under certain circumstances; and for other purposes. HB 276. By Mr. Howard of the 101st: A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to define the powers of local authorities and police officers to remove unattended and abandoned vehicles on roads, bridges, highways, and rights-of-way; and for other purposes. HB 277. By Mr. Lee of the 35th: A Bill to be entitled an Act to amend an Act providing procedures for searches and seizures and for suppression of evidence illegally seized so as to change the time when the Motion to Suppress Evidence Illegally Seized shall be made; and for other purposes. HB 278. By Messrs. Potts and Blalock of the 33rd: A Bill to be entitled an Act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the salary allowance of the sheriff's deputies and jailers; and for other purposes. 374 JOURNAL OF THE HOUSE, HB 279. By Messrs. Harrington and Chandler of the 47th: A Bill to be entitled an Act to amend an Act authorizing State loans or grants to counties to aid in defraying the cost of property valuation and equalization programs for ad valorem tax purposes, so as to authorize State grants to certain counties to aid in defraying the cost of property valuation and equalization programs for ad valorem tax purposes; and for other purposes. HB 280. By Messrs. Malone, Palmer, Smith and Vaughn of the 117th, Westlake, Jenkins, Davis and Higginbotham of the 119th: 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 corporate limits of said city; and for other purposes. HB 281. By Messrs. Starnes of the 13th and Bennett of the 95th: A Bill to be entitled an Act to amend Code Chapter 26-11 relating to the crimes of abortion, foeticide and infanticide, so as to provide for the additional exceptions where such acts are undertaken or accomplished by physicians; and for other purposes. HB 282. By Messrs. Northcutt of the 25th and Barber of the 24th: 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 necessity to radio common carrier corporations; and for other purposes. HB 283. By Messrs. Vaughn, Palmer, Malone and Smith of the 117th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Rockdale County on an annual salary in lieu of the fee system of com pensation, so as to provide for a chief deputy sheriff; and for other purposes. HB 284. By Messrs. Whaley and Tye of the 115th, Smith and Gaynor of the 114th, Punk, Battle and Richardson of the 116th, Berry and Gignilliat of the 113th: A Bill to be entitled an Act to amend an Act amending, revising and consolidating the several acts granting corporate authority to the Town of Tybee, so as to change the hours of voting in municipal elections; and for other purposes. HB 285. By Mr. Ballard of the 37th: A Bill to be entitled an Act to provide for a new Board of Education of Newton County; and for other purposes. FRIDAY, FEBRUARY 17, 1967 375 HB 286. By Mr. Ballard of the 37th: A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Newton County; and for other purposes. HB 287. By Mr. Ballard of the 37th: A Bill to be entitled an Act to amend an Act repealing an Act in corporating the City of Covington and granting a new charter to the City of Covington, so as to change the provisions relating to the quali fications of mayor and councilmen; and for other purposes. HB 288. By Mr. Ballard of the 37th: A Bill to be entitled an Act to place the Ordinary of Newton County on a salary basis in lieu of a fee basis; and for other purposes. HB 289. By Mr. Ballard of the 37th: A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Newton County into the office of Tax Commissioner, so as to place the Tax Commissioner on a salary basis in lieu of a fee basis; and for other purposes. HB 290. By Mr. Ballard of the 37th: A Bill to be entitled an Act to place the Clerk of the Superior Court of Newton County on a salary basis in lieu of a fee basis; and for other purposes. HB 291. By Messrs. Leggett of the 21st, Dickinson of the 27th and Dean of the 20th: A Bill to be entitled an Act to provide that certain State employees shall not be required to retire upon reaching normal retirement age except under certain conditions; and for other purposes. HB 292. By Messrs. Lambert of the 38th, Chandler and Harrington of the 47th, Land of the 53rd, Hadaway of the 46th and Moate of the 39th: A Bill to be entitled an Act to provide for an additional Judge of the Superior Courts of the Ocmulgee Judicial Circuit; and for other purposes. HB 293. By Messrs. Matthews of the 29th, Thomas of the 77th, Lambros of the 130th and Turner of the 123rd: A Bill to be entitled an Act to provide for the issuance by the State Revenue Commissioner of special license tags to motor vehicle owners who operate citizens' band radio stations; and for other purposes. 376 JOURNAL OF THE HOUSE, HB 294. By Mr. Lambros of the 130th: A Bill to be entitled an Act to provide for the licensing and regulation of collection agencies; and for other purposes. HE 114-294. By Messrs. Smith of the 114th, Funk, Richardson and Battle of the 116th, Tye and Whaley of the 115th, Berry and Gignilliat of the 113th: A Resolution proposing to the qualified voters of Chatham County an amendment to Article VIII, Section I, Paragraph III of the Constitution providing for tax equalization by authorizing levying of taxes other than taxes on real and personal property; and for other purposes. HR 115-294. By Messrs. Starnes, Minge and Lowrey of the 13th: A Resolution authorizing the granting of an easement across, through and over certain real property located in Floyd County; and for other purposes. HR 116-294. By Mr. Douglas of the 60th: A Resolution to compensate Mr. Larry Dixon; and for other purposes. HR 117-294. By Mr. Collins of the 62nd: A Resolution relative to granting an easement to the Southern Bell Telephone & Telegraph Company; and for other purposes. HR 118-294. By Mr. Oglesby of the 92nd: A Resolution authorizing and directing the State Properties Control Commission to sell, or attempt to sell, the Western and Atlantic Railroad and related property; and for other purposes. HR 119-294. By Mr. Moore of the 12th: A Resolution proposing an amendment to the Constitution, so as to provide for the establishment of fire protection districts in Stephens County; and for other purposes. HB 295. By Messrs. Lambert of the 38th, Busbee of the 79th, Murphy of the 26th, McClatchey of the 138th, Richardson of the 116th and Wood of the 16th: A Bill to be entitled an Act to amend Code Title 56 relating to insurance, so as to provide for the procedure whereby the rates of insurance companies shall be fixed and regulated; and for other purposes. FRIDAY, FEBRUARY 17, 1967 377 HB 296. By Messrs. Williams of the 16th, Johnson of the 40th, Vaughan and Harris of the 14th and Cole of the 3rd: A Bill to be entitled an Act to amend an Act requiring identification numbers of certain motor vehicles and component parts, so as to change the components requiring identification numbers; and for other purposes. HR 120-296. By Mr. Murphy of the 26th: 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, relating to Federal grants; and for other purposes. Mr. Floyd of 7th 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 45. Do Pass, Committee Substitute. Respectfully submitted, Floyd of the 7th District, Chairman. Mr. Clarke of the 45th 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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 168. Do Pass, as Amended. HB 226. Do Pass. HB 261. Do Pass. HB 262. Do Pass. HB 263. Do Pass. HB 264. Do Pass. HB 265. Do Pass. 378 JOURNAL OP THE HOUSE, HB 266. Do Pass. HB 268. Do Pass. HB 269. Do Pass. HB 278. Do Pass. HB 280. Do Pass. HB 283. Do Pass. HB 284. Do Pass. HB 285. Do Pass. HB 286. Do Pass. HB 287. Do Pass. HB 288. Do Pass. HB 289. Do Pass. HB 290. Do Pass. Respectfully submitted, Clarke of 45th District, Chairman. Mr. Steis of 100th 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 197. Do Pass. Respectfully submitted, Steis of the 100th District, Chairman. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate, to-wit: FRIDAY, FEBRUARY 17, 1967 379 SB 8. By Senators Rowan of the 8th, Spinks of the 9th, Flowers of the 10th, and others: A Bill to be entitled an Act to provide a standard time for the entire State of Georgia and of all governmental agencies, governmental units and political subdivisions thereof; and for other purposes. SB 10. By Senator McGill of the 24th: A Bill to be entitled an Act to amend an Act entitled "Motor Vehicle Certificate of Title Act", so as to delete therefrom the requirement that all motor vehicles shall be required to have a certificate of title by January 1, 1969; and for other purposes. SB 45. By Senator Conway of the 41st: A Bill to be entitled an Act to regulate and control "fire bombs" or "Molotov cocktails"; to provide for penalties; and for other purposes. SB 50. By Senators Johnson of the 38th, Coggin of the 35th and Ward of the 39th: A Bill to be entitled an Act to amend Code Section 26-5105, relating to the fee for a pistol license, so as to provide for a fee of $2.00 per year to be charged by the ordinary issuing such license, and for other purposes. SB 51. By Senators Johnson of the 38th, Ward of the 39th and Coggin of the 35th: A Bill to be entitled an Act to amend Code Section 26-5104 relating to the obtaining and recording of pistol licenses, so as to provide that the licensee shall give a bond payable to the Governor in the sum of $1,000.00, and for other purposes. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 8. By Senators Rowan of the 8th, Spinks of the 9th, Flowers of the 10th and others: A Bill to be entitled an Act to provide a standard time for the entire State of Georgia and of all governmental agencies, governmental units and political subdivisions thereof; and for other purposes. Referred to the Committee on State of Republic. 380 JOURNAL OF THE HOUSE, SB 10. By Senator McGill of the 24th: A Bill to be entitled an Act to amend an Act entitled "Motor Vehicle Certificate of Title Act", so as to delete therefrom the requirement that all motor vehicles shall be required to have a certificate of title by January 1, 1969; and for other purposes. Referred to the Committee on Motor Vehicles. SB 45. By Senator Conway of the 41st: A Bill to be entitled an Act to regulate and control "fire bombs" or "Molotov cocktails'; and for other purposes. Referred to the Committee on Judiciary. SB 50. By Senators Johnson of the 38th, Coggin of the 35th and Ward of the 39th: A Bill to be entitled an Act to amend Code Section 26-5105, relating to the fee for a pistol license, so as to provide for a fee of $2.00 per year to be charged by the ordinary issuing such license; and for other purposes. Referred to the Committee on Judiciary. SB 51. By Senators Johnson of the 38th, Ward of the 39th, and Coggin of the 35th: A Bill to be entitled an Act to amend Code Section 26-5104, relating to the obtaining and recording of pistol licenses, so as to provide that the licensee shall give a bond payable to the Governor in the sum of $1,000; and for other purposes. Referred to the Committee on Special Judiciary. By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 168. By Mr. Paris of the 23rd: A Bill to be entitled an Act to provide a new charter for the City of Statham; and for other purposes. The following Committee amendments were read and adopted: Local Affairs Committee moves to: Amend House Bill 168, Section 1.04(0) by changing the period at the end thereof to a semicolon and adding the following: FRIDAY, FEBRUARY 17, 1967 381 "Provided, however, no electrical standards or regulations shall be construed to 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.' Local Affairs Committee moves to: Amend House Bill 168, Section 1.04(h) by changing the period at the end thereof to a semicolon and adding the following: "Provided, however, nothing in this subsection shall be construed to apply to public utility companies regulated by the Public Service Commission." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 104, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 221. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd and Cooper of the 103rd: A Bill to be entitled an Act to amend an Act providing that no person shall be elected ordinary of a county having a population of 100,000 or more except under certain conditions, so as to provide that the provisions of said Act shall not apply to any person who is now holding or has held the office of ordinary in any county having a population of not less than 110,000 nor more than 120,000; 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 104, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 226. By Messrs. Lane of the 126th, Adams of the 125th, Gates of the 123rd and others: A Bill to amend an Act establishing a new charter for the City of East Point so as to extend the corporate limits; and for other purposes. 382 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 104, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 227. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act supplementing the com pensation of Ordinary of Long County, as amended, to change the compensation of the Ordinary; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 104, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 228. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Long County on an annual salary, as amended, so as to provide for the depositing of funds collected by the Sheriff; 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 104, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 229. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act establishing the com missioners of roads and revenues for Long County, Georgia, as amended,. FRIDAY, FEBRUARY 17, 1967 383 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 104, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 234. By Mr. Holder of the 70th: A Bill to be entitled an Act to amend an Act changing the compensation of the Ordinary of Dodge County, Georgia, from the fee and salary system to the salary system exclusively, so as to change the compen sation of the Ordinary; to change the compensation allowable to 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 104, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 235. By Mr. Holder of the 70th: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Dodge County, so as to change the allowable com pensation of the clerk and employee of the Tax Commissioner of Dodge 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 104, nays 0. The Bill, having received the requisite constitutional majority, was passed. 384 JOURNAL OF THE HOUSE, HB 236. By Mr. Holder of the 70th: A Bill to be entitled an Act to amend an Act changing from the fee system to the salary system in the County of Dodge, State of Georgia, the sheriff of said county and the clerk of the superior court thereof, so as to change the compensation of the sheriff and the clerk of the superior court of said county; to change the compensation allowable for the additional deputy 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 104, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 237. By Mr. Holder of the 70th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Dodge County, so as to change the compensation of the Commissioner of Roads and Revenues of Dodge County; to change the allowable compensation of the Clerk 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 104, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 238. By Mr. Kirksey of the 87th: A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Miller County into the office of the tax commissioner 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 104, nays 0. FRIDAY, FEBRUARY 17, 1967 385 The Bill, having received the requisite constitutional majority, was passed. HB 239. By Mr. Kirksey of the 87th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Seminole 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 104, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 242. By Messrs. Mullinax and Ware of the 42nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange in the County of Troup, as amended, so as to increase the corporate limits of the City of LaGrange; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 104, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 243. By Messrs. Mullinax and Ware of the 42nd: A Bill to be entitled an Act to amend the Act creating a new Charter for the City of LaGrange in the County of Troup, so as to increase the corporate limits of the City of LaGrange; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 104, nays 0. 386 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. The following Resolutions of the House were read and adopted: HR 127. By Mr. Smith of the 44th: A RESOLUTION Commending the Gordon Military College High School Football Team; and for other purposes. WHEREAS, the Gordon Military College High School Football team, during the 1966 season, enjoyed its most successful year of com petition; and WHEREAS, this outstanding team received excellent tutorage under Head Coach Jerry Garden and his coaching assistants, Ray Judy and Ren Bryner; and WHEREAS, it is only befitting and proper that this body recognize and commend this distinguished group of young athletes for their fine accomplishments during the past football season. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRSENTATIVES that this body does hereby commend and con gratulate Coach Garden and his fine group of football players for the excellent record compiled during the 1966 football season. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to send an ap propriate copy of this Resolution to the President of Gordon Military College and to the Gordon Booster Club. HR 128. By Mr. Smith of the 44th: A RESOLUTION Commending the Gordon Military College Football Team; and for other purposes. WHEREAS, Gordon Military College is one of three colleges in the State of Georgia which competes with other colleges and universities on the football field; and WHEREAS, during the 1966 football season, the Gordon Military College Football Team compiled an enviable record; and FRIDAY, FEBRUARY 17, 1967 387 WHEREAS, this distinguished group of young athletes is ably coached by Head Coach George MacMillan and his assistants, Jake Sammons and Joe Windham; and WHEREAS, it is only befitting and proper that this body recognize the distinguished record achieved by these fine young men during the 1966 football season. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate each and every member of the Gordon Military College Foot ball Team and their Coach George McMillan. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to send an ap propriate copy of this Resolution to the President of Gordon Military College and to the Gordon Booster Club. HR 130. By Mr. Smith of the 44th: A RESOLUTION Relative to the scheduling of the University of Georgia and Georgia Tech Freshmen Football Teams with Gordon Military College; and for other purposes. WHEREAS, Gordon Military College is a fine, distinguished in stitution of higher learning; and WHEREAS, Gordon Military College is now in its 116th year; and WHEREAS, out of the many colleges and universities located in the State of Georgia, Gordon Military College is one of only three such institutions which compete on the football field; and WHEREAS, if Gordon Military College competed with the fresh man teams of the University of Georgia and Georgia Tech, an op portunity would be afforded the citizens of this State to observe their local athletes competing with each other. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Board of Regents is hereby urged to schedule for competition the Freshman football teams of the University of Georgia and Georgia Tech with Gordon Military College. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to send an ap propriate copy of this Resolution to be Board of Regents and to the President of Gordon Military College. 388 JOURNAL OF THE HOUSE, HR 131. By Mr. Dean of the 20th: A RESOLUTION Commending Honorable M. M. Cornelius, Sr.; and for other pur poses. WHEREAS, Honorable M. M. Cornelius retired from public service as a member of the Board of Commissioners of Roads and Revenues of Polk County on the 31st day of December, 1966; and WHEREAS, Mr. Cornelius has completed a total of thirty-three consecutive years of public service, during which time he served as Counsel and City Commissioner of the City of Cedartown, Representative from Polk County to the General Assembly of Georgia, and for the last eleven years as a member of the Board of Commissioners of Roads and Revenues of Polk County; and WHEREAS, Mr. Cornelius' many years of public service have been marked by outstanding ability, integrity, honesty and dedication to the principles of good government; and WHEREAS, Mr. Cornelius' great experience and ability in gov ernmental affairs will be sincerely missed by the citizens of Polk County and the State of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable M. M. Cornelius for his outstanding record of public service for the people of Polk County and the State of Georgia. 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 M. M. Cornelius, Sr., and to the Chairman of the Board of Commissioners of Roads and Revenues of Polk County. HR 136. By Mr. Dean of the 24th: A RESOLUTION Expressing sympathy at the passing of Mr. C. E. Matthews of Rockmart, Georgia; and for other purposes. WHEREAS, Mr. C. E. Matthews of Rockmart, Georgia, has recently passed away; and WHEREAS, Mr. Matthews was born on November 18, 1889, in Ware County, Georgia, and was a citizen of Georgia throughout his life; and FRIDAY, FEBRUARY 17, 1967 389 WHEREAS, Mr. Matthews and family moved to Rockmart, Geor gia, in Polk County, several years ago; and WHEREAS, Mr. Matthews came to be loved and respected by all his neighbors and other members of the community of Rockmart, Geor gia ; and WHEREAS, everyone in Mr. Matthews' neighborhood was parti cularly fond of him and affectionately referred to him as "Pop", be cause he was never too busy to give them his time and friendship; and WHEREAS, Mr. Matthews was a member of the Second Baptist Church of Rockmart, Georgia; and WHEREAS, Mr. Matthews was married to the former Miss Omie C. Whitley, who has also passed away, and they had five children who are now married and whose names are as follows: Mrs. Alice Ezell, Mrs. Agnes Gregory, Mrs. Bernice Speir, Mr. Gordon W. Matthews and Mr. Calvin E. Matthews. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its sympathy at the passing of Mr. C. E. Matthews of Rockmart, Georgia. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution, with the seal of the House of Re presentatives affixed thereto, to Mrs. Alice Ezell of Rockmart, Georgia. 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. 390 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Monday, February 20, 1967. 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 Bishop P. Randolph Shy of the Christian Methodist Episcopal Churches in 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 Resolution of the House were introduced, read the first time and referred to the committees: HB 314. By Mr. Palmer of the 117th: A Bill to be entited an Act to amend an Act relating to the applications of minors under the age of 18 for an operator's license to drive a MONDAY, FEBRUARY 20, 1967 391 motor vehicle, so as to provide that any applicants who are 18 years of age or less must furnish evidence of satisfactorily completing a course in driver's education or its substantial equivalent before they can obtain an operator's license; and for other purposes. Referred to the Committee on Motor Vehicles. HB 315. By Mr. Savage of the 58th: A Bill to be entitled an Act to amend Code Title 34, relating to elec tions, so as to provide for the filing of disqualification lists with the election registrars of the counties and the Secretary of State; and for other purposes. Referred to the Committee on State of Republic. HB 316. By Messrs. Howard and McDaniel of the 101st, Wilson and Henderson of the 102nd and Cooper of the 103rd: A Bill to he entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to authorize the solicitor general to appoint such ad ditional investigators as may be approved by the governing authority of Cobb County; and for other purposes. Referred to the Committee on Local Affairs. HB 317. By Messrs. Bennett, Sullivan and Barfield of the 95th: A Bill to be entitled an Act to create and incorporate the Town of Dasher in the County of Lowndes; to grant a charter to that muni cipality under that name and style; and for other purposes. Referred to the Committee on Local Affairs. HB 318. By Mr. Savage of the 58th: A Bill to be entitled an Act to implement the constitutional amendment creating the "Schley County Development Authority"; and for other purposes. Referred to the Committee on Local Affairs. HB 319. By Messrs. Jones of the 76th, Rush of the 75th and Brantley of the 63rd: A Bill to be entitled an Act placing the solicitor General of the At lantic Judicial Circuit on a salary basis in lieu of a fee basis, so as to change the compensation of the solicitor general; and for other purposes. Referred to the Committee on Local Affairs. 392 JOURNAL OF THE HOUSE, HB 320. By Messrs. Chandler and Harrington of the 47th: A Bill to be entitled an Act to authorize and empower the State Depart ment of Family and Children Services to reimburse Baldwin County 100% of the administrative expenses incurred by employees of the Baldwin County Department of Family & Children Services assigned full-time to Milledgeville State Hospital by the State Department of Family & Children Services; and for other purposes. Referred to the Committee on Welfare. HR 129-320. By Mr. Dorminy of the 72nd: A Resolution authorizing the conveyance of a certain tract of land in Ben Hill County; and for other purposes. Referred to the Committee on State Institutions & Property. HB 321. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Cooper of the 103rd: A Bill to be entitled an Act to amend Code Section 24-820, relating to fees of constables, so as to change the fees of constables; and for other purposes. Referred to the Committee on Judiciary. HB 322. By Messrs. Wilson of the 102nd and Cooper of the 103rd: A Bill to be entitled an Act to amend Code Section 24-1601, relating to fees for Justices of the Peace, so as to change the fees of Justices of the Peace; and for other purposes. Referred to the Committee on Judiciary. HB 323. By Messrs. Howard and McDaniel of the 101st, Wilson and Henderson of the 102nd and Cooper 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 increase the corporate limits; and for other purposes. Referred to the Committee on Local Affairs. HB 324. By Messrs. Harris of the 118th and Steis of the 100th: A Bill to be entitled an Act to amend an Act amending and revising the adoption laws now set forth in Chapter 74-4 of the Code of 1933, so as to provide for the deposit of a fee for advance court costs of $15.00 with all adoption petitions; and for other purposes. Referred to the Committee on Judiciary. MONDAY, FEBRUARY 20, 1967 393 HB 325. By Messrs. Harris of the 118th and Steis of the 100th: 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 Special Judiciary. HB 326. By Messrs. Howard and McDaniell of the 101st, and Henderson of the 102nd: A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs, so as to change the corporte limits; and for other purposes. Referred to the Committee on Local Affairs. HB 327. By Messrs. Howard and McDaniell of the 101st, and Henderson, 102nd: A Bill to be entitled an Act to amend an Act revising, amending, con solidating and superseding several Acts incorporating the town of Austell and reincorporating said town, so as to increase the corporate limits; and for other purposes. Referred to the Committee on Local Affairs. HB 328. By Messrs. Caldwell of the 51st, Walling of the 118, Brantley of the 63rd, Ballard of the 37th, Gates of the 123rd, Fleming of the 106, Irvin of the llth, Kaylor of the 4th, Minge of the 13th, Pafford of the 97th, Ross of the 31st, Sherman of the 105, Smith of the 44th, Thomas of the 77th and Wilson of the 109: A Bill to be entitled an Act to amend an Act relating to the apportion ment of the membership of the House of Representatives, so as to provide for the apportionment of the members of the House of Represen tatives; to provide for Representative Districts, and for other purposes. Referred to the Committee on Legislative & Congressional Reapportionment. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 297. By Messrs. Snow, Crowe and Hale of the 1st: A Bill to be entitled an Act incorporating the City of Rossville, so as to change the compensation of the mayor and councilmen, city, clerk, treasurer, and tax collector; and for other purposes. 394 JOURNAL OF THE HOUSE, HB 298. By Mr. Moore of the 20th: A Bill to be entitled an Act to declare teaching a profession with all the rights, responsibilities and privileges accorded other legally re cognized professions; and for other purposes. HB 299. By Mr. Cook of the 123rd, Mrs. Hamilton of the 137th, Messrs. Games of the 129th, Adams of the 125th, Hood of the 124th, Gates of the 123rd and others: A Bill to be entitled an Act to authorize all municipalities in this State having a population of more than 300,000, to sell, exchange or other wise dispose of any real or personal property comprising parks, play grounds, golf courses, swimming pools or other like property; and for other purposes. HB 300. By Mr. Cook of the 123rd, Mrs. Hamilton of the 137th, Messrs. Games of the 129th, Dillon of the 128th, Adams of the 125th, Hood of the 124th, Grier of the 132nd and others: A Bill to be entitled an Act to amend an Act known as "Authority to require repair, closing or demolition of certain buildings in certain cities (300,000 or more)", so as to fix the time of the attachment of liens against the real property for the cost of vacating and closing; and for other purposes. HB 301. By Mr. Cook of the 123rd, Mrs. Hamilton of the 137th, Messrs. Carnes of the 129th, Dillon of the 128th, Adams of the 125th, Hood of the 124th, Turner of the 123rd and others: A Bill to be entitled an Act to amend Title 29, Chapter 29-1, Section 29-101 of the Code of Georgia of 1933, so as to require the inclusion of the address of the maker in a deed of conveyance to lands; and for other purposes. HB 302. By Mr. Cook of the 123rd, Mrs. Hamilton of the 137th, Messrs. Carnes of the 129th, Dillon of the 128th, Adams of the 125th, Hood of the 124th, Townsend of the 140th and others: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to street improvement; and for other purposes. HB 303. By Mr. Cook of the 123rd, Mrs. Hamilton of the 137th, Messrs. Carnes of the 129th, Adams of the 125th, Dillon of the 128th, Hood of the 124th, Turner of the 123rd and others: A Bill to be entitled an Act requiring the State and subdivisions thereof to be subject to and comply with the ordinances of municipal corporations of this State having a population of more than 300,000, MONDAY, FEBRUARY 20, 1967 395 which affects or relates to the construction, maintenance, alteration, repair, demolition or removal of buildings or structures erected or to be erected within the corporate limits of such municipalities; and for other purposes. HR 121-303. By Mr. Cook of the 123rd, Mrs. Hamilton of the 137th, Messrs. Carnes of the 129th, Dillon of the 128th, Hood of the 124th, Adams of the 125th, Turner of the 123rd and others: A Resolution to reestablish the 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. HB 304. By Mr. Paris of the 23rd: 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 not be authorized to suspend or revoke the driver's license of any person or the registration of any motor vehicle unless it is shown that such person was notified to furnish proof of the required deposit; and for other purposes. HB 305. By Messrs. Dean and Moore of the 20th: A Bill to be entitled an Act amending, consolidating and superseding the several Acts incorporating the Town of Rockmart, so as to provide that the mayor and councilmen shall be eligible to succeed themselves; and for other purposes. HB 306. By Messrs. Newton and Lewis of the 50th, Nessmith of the 64th, and Parker of the 55th: A Bill to be entitled an Act to require dealers in junk or metals purchasing copper wire or cable to keep a register; and for other purposes. HB 307. By Messrs. Pickard, Jones and Buck of the 112th, Thompson of the 110th and Thompson of the lllth: A Bill to be entitled an Act to amend Section 59-106 of the Code of Georgia of 1933, relating to the revision of jury lists and the method whereby jury commissioners choose grand and traverse jurors, so as to change the method of choosing grand and traverse juriors; and for other purposes. 396 JOURNAL OF THE HOUSE, HB 308. By Mr. Paris of the 23rd: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide that the Director shall not be au thorized to revoke the driver's license of any operator or chauffeur unless it can be shown that such person was notified at least 15 days prior to the revocation or suspension of such driver's license; and for other purposes. HB 309. By Messrs. Murphy of the 26th, Caldwell of the 51st, Irvin of the llth, Barber of the 24th, Williams of the 16th and others: A Bill to be entitled an Act to authorize the State Highway Department of Georgia to acquire rights-of-way and easements for the construction of Federal parkways in this State; and for other purposes. HB 310. By Messrs. Gay and Douglas of the 60th: A Bill to be entitled an Act to provide revenue and a source of revenue for the purpose of improving the operations of the courts and promot ing justice in any counties in this State having a population of not less than 31,500 and not more than 33,000; and for other purposes. HB 311. By Messrs. Phillips of the 41st, Irvin of the llth, Moate of the 39th, Smith of the 3rd, McCracken of the 49th and Smith of the 54th: A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Interstate Compact on Juveniles"; and for other purposes. HR 122-311. By Mrs. Merritt of the 68th: A Resolution urging that the famous steam Locomotive known as the General be returned to the State of Georgia; and for other purposes. HR 123-311. By Mr. Colwell of the 5th: A Resolution compensating Clyde Ravan, doing business as Community Grocery; and for other purposes. HR 124-311. By Messrs. Wilson and Henderson of the 102nd, Howard of the 101st and Cooper of the 103rd: A Resolution relative to the steam locomotive "General"; and for other purposes. HB 312. By Mr. Edwards of the 57th: A Bill to be entitled an Act creating a small claims court in each county in this state having a population of not less than 8,250 and not more than 8,350; and for other purposes. MONDAY, FEBRUARY 20, 1967 397 HR 125-312. By Messrs. Higginbotham, Westlake, Davis, Jenkins of the 119th, Palmer of the 117th, Jones of the 82nd, Lee of the 79th and many others: A Resolution to create an interim committee to study the Motor Vehicle Inspection Law; and for other purposes. HB 313. By Messrs. Northcutt of the 35th, Leggett of the 21st, Tucker of the 36th, Wamble of the 90th, Farrar of the 118th, Barber of the 24th, Howell of the 86th, Gary of the 35th and Cheeks of the 104th: A Bill to be entitled an Act to amend an Act relating to the revocation and suspension of drivers and chauffeurs licenses and any other pro vision of the Motor Vehicle Safety Responsibility Act to the contrary, so as to provide that the Trial Judge may have discretion to permit a driver or chauffeur whose license is necessary in the conduct of his business to operate a vehicle for business purposes during the period of suspension or revocation; and for other purposes. HR 126-313. By Messrs. Ware of the 42nd, Moate of the 39th, Smith of the 3rd, Longino of the 122nd and Moore of the 20th: A Resolution proposing a lease transaction involving a lease of the Western and Atlantic Railroad; directing the Attorney General of Georgia to participate in any proceedings instituted before the Inter state Commerce Commission to determine the public interest, con venience and necessity in the lease of the Western and Atlantic Rail road; and for other purposes. SB 8. By Senators Rowan of the 8th, Spinks of the 9th, Flowers of the 10th and others: A Bill to be entitled an Act to provide a standard time for the entire State of Georgia and of all governmental agencies, governmental units and political subdivisions thereof; and for other purposes. SB 10. By Senator McGill of the 24th: A Bill to be entitled an Act to amend an Act entitled "Motor Vehicle Certificate of Title Act", so as to delete therefrom the requirement that all motor vehicles shall be required to have a certificate of title by January 1, 1969; and for other purposes. SB 45. By Senator Conway of the 41st: A Bill to be entitled an Act to regulate and control "fire bombs" or "Molotov cocktails"; and for other purposes. 398 JOURNAL OF THE HOUSE, SB 50. By Senators Johnson of the 38th, Coggin of the 35th and Ward of the 39th: A Bill to be entitled an Act to amend Code Section 26-5105, relating to the fee for a pistol license, so as to provide for a fee of $2.00 per year to be charged by the ordinary issuing such license; and for other purposes. SB 51. By Senators Johnson of the 38th, Ward of the 39th, and Coggin of the 35th: A Bill to be entitled an Act to amend Code Section 26-5104, relating to the obtaining and recording of pistol licenses, so as to provide that the licensee shall give a bond payable to the Governor in the sum of $1,000; and for other purposes. Mr. Clarke of the 45th 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: HB 297. Do Pass. HB 305. Do Pass. HB 318. Do Pass. HB 300. Do Pass. SB 7. Do Pass. HR 119-294. Do Pass. HR 114-294. Do Pass. Respectfully submitted, Clarke of 45th, Chairman. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit: MONDAY, FEBRUARY 20, 1967 399 HB 11. By Messrs. Richardson of the 116th, Gaynor and Smith of the 114th and Wells of the 30th: A Bill to be entitled an Act to amend an Act to revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933, so as to provide for the service of the petition and order for adoption upon non-residents and of those parties whose addresses are unknown; and for other purposes. SB 53. By Senators Johnson of the 38th and Coggin of the 35th: A Bill to be entitled an Act to provide for a guardian the authority to employ competent legal counsel for the ward he represents; to provide that the expenses and fees of such counsel may be fixed by the ordinary; and for other purposes. SB 58. By Senator Smalley of the 28th: A Bill to be entitled an Act to amend Section 113-104 of the Code of Georgia of 1933 so as to add the requirement that mutual wills, other than mutual wills based on express contract, must contain an express statement that such wills are mutual wills; and for,other purposes. SB 59. By Senator Smalley of the 28th: A Bill to be entitled an Act to provide for the disposition by an Ex ecutor of income received during the period of administration from property which is used to pay debts, taxes, expenses of administration, general legacies, and other corpus charges; to repeal conflicting laws; and for other purposes. SB 60. By Senator Andrews of the 49th: A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Northeastern Judicial Circuit in lieu of certain fees, so as to increase the salary of said reporter; and for other purposes. SB 65. By Senator Bateman of the 27th: A Bill to be entitled an Act to amend Code Section 74-9902, relating to abandonment of children and the penalties therefor; and for other purposes. SB 72. By Senator Smalley of the 28th: A Bill to be entitled an Act to amend Code Section 24-3501 relating to the Court of Appeals, so as to remove the requirement that all criminal cases shall be assigned to one division; and for other purposes. 400 JOURNAL OF THE HOUSE, By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time: HB 261. By Mr. Crowe of the 80th: A Bill to be entitled an Act to amend an Act establishing a city court in the City of Sylvester, Worth County, so as to change the jurisdiction of said court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 262. By Messrs. Bowen and Rainey of the 69th: A Bill to be entitled an Act placing the Clerk of the Superior Court, the Sheriff and the Ordinary of Dooly County on an annual salary in lieu of the fee system, so as to provide for a salary for the Sheriff within a certain salary range to be fixed within such range by the governing authority of Dooly County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 263. By Messrs. Ware and Mullinax of the 42nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, so as to provide that the maximum fine the recorder may impose as punishment for an offense shall not exceed $200.00; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. MONDAY, FEBRUARY 20, 1967 401 On the passage of the Bill, the ayes were 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 264. By Messrs. Ware and Mullinax of the 42nd: A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Troup County, so as to change the compensation of the Judge; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 265. By Messrs. Ware and Mullinax of the 42nd: A Bill to be entitled an Act to change the compensation of the Coroner of Troup County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 266. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd, Wilson and Henderson of the 102nd: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Cobb County, so as to change the compensation of the Deputy Commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 402 JOURNAL OF THE HOUSE, On the passage of the Bill, the ayes were 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 268. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd, Wilson and Henderson 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 amend said Charter in order to add a new section in order 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 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 269. By Messrs, Ware and Mullinax of the 42nd: A Bill to be entitled an Act to amend an Act which repealed an Act relative to the salaries of officials in certain counties and which pro vided for the compensation of the Clerk of the Superior Court, the Sheriff, the Ordinary and the Tax Commissioner of Troup County, so as to change the compensation of the Clerk of the Superior Court, the Sheriff, the Ordinary and 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 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 278. By Messrs. Potts and Blalock of the 33rd: A Bill to be entitled an Act changing the compensating of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the salary allowance of the sheriff's deputies and jailers; and for other purposes. MONDAY, FEBRUARY 20, 1967 403 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 280. By Messrs. Maloiie, Palmer, Smith and Vaughn of the 117th, Westlake, Jenkins, Davis and Higginbotham of the 119th: 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 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 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 283. By Messrs. Vaughn, Palmer, Malone and Smith of the 117th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Rockdale County on an annual salary in lieu of the fee system of com pensation; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 284. By Messrs. Whaley and Tye of the 115th, Smith and Gaynor of the 114th, Funk, Battle and Richardson of the 116th, Berry and Gignilliat of the 113th: A Bill to be entitled an Act to amend an Act amending, revising and consolidating the several acts granting corporate authority to the Town of Tybee, so as to change the hours of voting in the municipal elections; and for other purposes. 404 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 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 285. By Mr. Ballard of the 37th: A Bill to be entitled an Act to provide for a new Board of Education of Newton County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 286. By Mr. Ballard of the 37th: A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Newton County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 287. By Mr. Ballard of the 37th: A Bill to be entitled an Act to amend an Act repealing an Act in corporating the City of Covington and granting a new charter to the City of Covington; and for other purposes. MONDAY, FEBRUARY 20, 1967 405 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 288. By Mr. Ballard of the 37th: A Bill to be entitled an Act to place the Ordinary of Newton County on a salary basis in lieu of a fee basis; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 289. By Mr. Ballard of the 37th: A Bill to be entitled an Act to amend an Act consolidating the office of Tax Receiver and Tax Collector of Newton County into the office of Tax Commissioner, so as to place the Tax Commissioner 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 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 290. By Mr. Ballard of the 37th: A Bill to be entitled an Act to place the Clerk of the Superior Court of Newton County on a salary basis in lieu of a fee basis; and for other purposes. 406 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 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 13-16. By Messrs. Richardson and Battle of the 116th, Gaynor of the 114th, Gignilliat and Berry of the 113th and Whaley of the 115th: 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 or utilize existing planning and zoning commissions. The General Assembly is hereby authorized to provide by law for such a joint planning and zoning commission and to provide the powers and duties thereof. 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 Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: MONDAY, FEBRUARY 20, 1967 407 "YES ( ) Shall the Constitution be amended so as to au thorize the governing authorities of the City NO ( ) of Savannah and Chatham County to enact plan ning and zoning ordinances for historic pur poses?" 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: Local Affairs Committee moves to amend Section 1 of HR 13-16 as follows: By changing the word "authorities" in sentences 1 and 2, Section 1 to "authority"; by deleting the words "and Chatham County are" and inserting in their stead between the word "Savannah" and the word "empowered", the word "is"; by deleting the word "are" between the words "authority" and the word "hereby" in sentence 2 and insert in its stead the word "is"; by inserting in the second sentence between the word "utilize" and the word "existing" the word "the" and by deleting the words "Planning and Zoning Commission" and inserting in their stead the words "Chatham County--Savannah Metropolitan Planning Commission"; and by deleting the remaining two sentences of Section 1 in their entirety so that Section 1, when amended, will read as follows: "Section 1. Article XI of the Constitution is hereby amended by adding the following: The governing authority of the City of Savannah is empowered to enact appropriate planning and zoning ordinances for historic purposes. Such governing authority is hereby authorized to utilize the existing Chatham County--Savannah Metropolitan Planning Commission." Smith of 114th Gignilliat of 113th Berry of 115th Whaley of 115th Battle of 116th The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. 408 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 Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Blalock Bond Bostick Bowen Branch Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Colwell Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Grier Hadaway Hale Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howell Hutchinson Irvin Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton Merritt Miller Minge Mixon Moate Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Savage Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis MONDAY, FEBRUARY 20, 1967 409 Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood Those not voting were Messrs.: Alexander Black Brantley, H. H. Brantley, H. L. Collins, M. Conner Cook Dailey Daugherty Howard Johnson, B. Jordan, G. Land McClatchey Moore, Don C. Russell Scarlett Turner Whaley Mr. Speaker On the adoption of the Resolution, as amended, the ayes were 184 nays 0. The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended. HR 75-209. 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 adopt building, electrical, plumbing, and other similar codes, to adopt planning and zoning ordi nances and to regulate construction of all types by requiring building permits; to provide for the submission of this amendment for ratificacation or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAY 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: 410 JOURNAL OP THE HOUSE, "The governing authority of Charlton County is hereby au thorized to adopt, amend, and repeal building, housing, electrical, plumbing, gas, and other similar codes relating to the construction, sanitation, erection, equipment, alteration, repair, occupancy or removal of buildings and structures located outside the corporate limits of any municipality in Charlton County; to promulgate rules and regulations concerning permits for, and inspections of, con struction, equipment, alteration, repairing or removal of buildings, signs, and other structures outside the corporate limits of any municipality located in Charlton County; and to prescribe fees or charges for permits and inspections, which fees shall be fixed and charged by the governing authority and shall be paid to the govern ing authority by the applicant for such permit or inspection. Said codes, rules, and regulations may embrace such matters as: the preparation and submission of plans and specifications; issuance of permits; standards governing the kind, quality, and performance of materials, equipment, and workmanship, establishment of fire zones, fireproofing, means of egress and ingress, floor area per occupant, sanitary facilities and usage proceedings in connection with unsafe, unsanitary, or inadequate structures. The governing authority of Charlton County is hereby permitted to contract with any municipality or other political subdivisions of this state pos sessing the authority to issue building permits and enforce building, electrical, plumbing, gas, housing-, and other similar codes. The governing authority may institute injunction, mandamus or any other appropriate action or proceeding to prevent, correct or abate any violation or threatened violation under any of the codes, rules and regulations which may be adopted by the governing authority of Charlton County pursuant to this amendment. The governing authority of Charlton County is hereby authorized to appropriate and expend county funds to carry out purposes of this amendment. The governing authority of Charlton County is hereby empowered to enact appropriate planning and zoning ordinances for public safety, historical, health, business, residential, and recreational purposes for the unincorporated areas of Charlton County. This amendment shall be self-executing and shall not require any imple menting legislation." 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 governing authority of Charlton County in the unincorporated areas thereof to MONDAY, FEBRUARY 20, 1967 411 NO ( ) adopt building, electrical, plumbing, and other similar codes, to adopt planning and zoning ordinances, and to regulate construction of all types by requiring building permits?" 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 Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Blalock Bond Bostick Bowen Branch Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Col well Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Grier Hadaway Hale Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howell Hutchinson Irvin Jenkins 412 JOURNAL OF THE HOUSE, Johnson, A. S. Joiner, P. A. Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Magoon M alone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton Merritt Miller Minge Mixon Moate Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Og-lesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Savage Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Town send Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood Those not voting were Messrs.: Alexander Black Brantley, H. H. Brantley, H. L. Collins, M. Conner Cook Dailey Daugherty Howard Johnson, B. Jordan, G. Land McClatchey Moore, Don C. Russell Scarlett Turner Whaley Mr. Speaker On the adoption of the Resolution, the ayes were 184, nays 0. The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted. MONDAY, FEBRUARY 20, 1967 413 HR 76-209. 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 adopt building, electrical, plumbing, and other similar codes, to adopt planning and zoning ordi nances and to regulate construction of all types by requiring building permits; 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 XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following: "The governing authority of Camden County is hereby au thorized to adopt, amend, and repeal building, housing, electrical, plumbing, gas, and other similar codes relating to the construction, sanitation, erection, equipment, alteration, repair, occupancy or removal of buildings and structures located outside the corporate limits of any municipality in Camden County; to promulgate rules and regulations concerning permits for, and inspections of, con struction, equipment, alteration, repairing or removal of buildings, signs, and other structures outside the corporate limits of any municipality located in Camden County; and to prescribe fees or charges for permits and inspections, which fees shall be fixed and charged by the governing authority and shall be paid to the govern ing authority by the applicant for such permit or inspection. Said codes, rules, and regulations may embrace such matters as: the preparation and submission of plans and specifications; issuance of permits; standards governing the kind, quality, and performance of materials, equipment, and workmanship, establishment of fire zones, fireproofing, means of egress and ingress, floor area per occupant, sanitary facilities and usage proceedings in connection with unsafe, unsanitary, or inadequate structures. The governing authority of Camden County is hereby permitted to contract with any municipality or other political subdivisions of this state pos sessing the authority to issue building permits and enforce building, electrical, plumbing, gas, housing, and other similar codes. The governing authority may institute injunction, mandamus or any other appropriate action or proceeding to prevent, correct or abate any violation or threatened violation under any of the codes, rules and regulations which may be adopted by the governing authority of Camden County pursuant to this amendment. The governing authority of Camden County is hereby authorized to appropriate and expend county funds to carry out purposes of this amendment. The governing authority of Camden County is hereby empowered to enact appropriate planning and zoning ordinances for public safety, historical, health, business, residential, and recreational purposes for the unincorporated areas of Camden County. This 414 JOURNAL OF THE HOUSE, amendment shall be self-executing and shall not require any im plementing legislation." 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 governing authority of Camden County in the unincorporated areas thereof to NO ( ) adopt building, electrical, plumbing and other similar codes, to adopt planning and zoning ordinances, and to regulate construction of all types by requiring building permits?" 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 Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Blalock Bond Bostick Bowen Branch Bray Brown, B. D. Brown, C. Buck MONDAY, FEBRUARY 20, 1967 415 Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. P. Colwell Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Grier Hadaway Hale Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howell Hutchinson Irvin Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Magoon M alone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton Merritt Miller Minge Mixon Moate Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglseby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Savage Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood 416 JOURNAL OF THE HOUSE, Those not voting were Messrs.: Alexander Black Brantley, H. H. Brantley, H. L. Collins, M. Conner Cook Dailey Daugherty Howard Johnson, B. Jordan, G. Land McClatchey Moore, Don C. Russell Scarlett Turner Whaley Mr. Speaker On the adoption of the Resolution, the ayes were 184, nays 0. The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted. HR 78-209. By Mr. Harrison of the 98th: A RESOLUTION Proposing an amendment to the Constitution so as to change the membership of the Camden County Development Authority; to limit the annual tax which may be levied for the support of the authority; to provide for the submission of this amendment for ratification or re jection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA: SECTION 1 Article VII, Section V, Paragraph I of the Constitution is hereby amended by striking therefrom the following: "(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 quali fied. Vacancies shall be filled for the unexpired term by the Au thority. 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." "(h) The County of Camden is authorized to levy an annual tax, not to exceed three mills, on all taxable property within the MONDAY, FEBRUARY 20, 1967 417 County for the support of the Authority and for its use and pur poses, and all funds raised by such tax shall be paid to the Au thority, 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.", and inserting in lieu thereof the following: "(b) The Authority shall consist of nine members who shall serve for terms of four, three and two years, and who shall be eligible for reappointment. Three members shall be O. P. Middleton, Sr., R. L. Edenfield, K. L. Harrison, each to serve four years; two members shall be Claude L. Miller, Jr., and Richard L, Daley, each to serve three years; and Harold C. Rogers and Walter C. Merck, each to serve two years. The seven members named herein shall begin serving their respective terms of office on or about January 1,1967, and shall serve until their successors are appointed and qualified. In addition to the seven members named herein, com mencing January 1, 1969, the Board of Commissioners of Roads and Revenues of Camden County shall appoint two additional members to the Authority from the county at large for terms of office of four years each and until their successors are appointed and qualified. The subsequent members shall be appointed by the Board of Commissioners of Roads and Revenues for Camden County for terms of office of four years each and until their successors are elected and qualified. Vacancies shall be filled for the unexpired term by the Authority. A majority of the members shall constitute a quorum and a majority may act for the Authority in any manner. No vacancy shall impair the power of the Authority to act." "(h) The Board of Commissioners of Roads and Revenues for Camden County is hereby authorized to levy an annual tax on all taxable property within the county for the support of the Au thority and for its use and purposes, and all funds raised by such tax shall be paid to the Authority and shall become a part of its funds and may be used by the Authority for any of its purposes and powers as herein stated, or as may be hereafter provided by law. The tax authorized herein shall in no event exceed eighteen thousand ($18,000.00) dollars annually, but such tax shall be in addition to all other taxes authorized by law." SECTION 2 When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed 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: 418 JOURNAL OF THE HOUSE, "YES ( ) Shall the Constitution be amended so as to change the membership of the Camden County NO ( ) Development Authority and to limit the annual taxes authorized to be levied for the support of the 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 report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. 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 Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Blalock Bond Bostick Bowen Branch Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Colwell Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Davis Dean DeLong Dent Diickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Grier Hadaway Hale Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howell MONDAY, FEBRUARY 20, 1967 419 Hutchinson Irvin Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin, A. T. Maxwell McCracken McDaniell Melton Merritt Miller Minge Mixon Moate Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Ninimer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Savage Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood Those not voting were Messrs.: Alexander Black Brantley, H. H. Brantley, H. L. Collins Conner Cook Dailey Daugherty Howard Johnson, B. Jordan, G. Land McClatchey Moore, Don C. Russell Scarlett Turner Whaley Mr. Speaker On the adoption of the Resolution, the ayes were 184, nays 0. The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted. 420 JOURNAL OP THE HOUSE, HR 94-221. By Mr. Bray of the 43rd: A RESOLUTION Proposing an amendment to the Constitution so as to create the Meriwether County 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 GEOR GIA that the Constitution of this State is hereby amended by adding at the end of Article VII, Section V, Paragraph 1, the following: "A. There is hereby created a body corporate and politic in Meriwether County to be known as the 'Meriwether County Industrial Development Authority,' hereinafter referred to as the 'Authority', which shall be an instrumentality of Meriwether County and a public corporation. "B. The Authority shall consist of five (5) 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 Meriwether County, who shall be themselves eligible to serve, and the members may be residents of any area of Meriwether County. The first members of the Authority shall be appointed for terms of two for two years, two for three years and one for four years and until their suc cessors are elected and qualified. The Board of Commissioners of Roads and Revenues of Meriwether County shall designate the terms of office of the first members when making the appointment. Thereafter, the terms of office for 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 Board of Commissioners of Roads and Revenues of Meriwether County. A majority of the members shall constitute a quorum and a majority may act for the Authority in any manner. No vacancy shall impair the power of the Authority to act. "C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Meri wether County. "D. The powers of the Authority shall include, but not be limited to, the power: (1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Meriwether County; (2) To receive and administer gifts, grants and donations and to administer trusts; MONDAY, FEBRUARY 20, 1967 421 (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 Meriwether 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 certi ficates 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 Meriwether County and other political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (6) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the 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 corporated 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 Meriwether County, and to make long-range plans there for, 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 Meriwether County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building or building under construc tion and the remodeling, renovating, reconstructing, completing of construction, 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 install ments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking; (8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; 422 JOURNAL OF THE HOUSE, (9) To designate officers to sign and act for the Authority generally or in any specific matter; (10) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated; "E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Meriwether County. "P. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Au thority may be sued the same as private corporations on any con tractual obligation of the Authority. "G. The members of the Authority shall receive no compensa tion for their services of the Authority. "H. In addition to the purpose for which Revenue Bonds are are now permitted by this Constitution to be issued, the Authority, with the consent of the Board of Commissioners of Roads and Revenues of Meriwether County, to carry out public purposes 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 valida tion, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as heretofore or hereafter amended, Ga. Code Ann. Supp. Charter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Au thority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any true 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. "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. MONDAY, FEBRUARY 20, 1967 423 "J. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Meriwether County and its citizens, industry, agriculture and trade within the County of Meriwether, and making long-range plans for such devel opment and expansion and to authorize the use of public funds of Meriwether County for such purpose, and this amendment and any law enacted with reference to the Authority shall be liberally con strued for the accomplishment of this purpose. "K. 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 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 Meriwether County, and the scope of its operations shall be limited to the territory embraced within Meriwether County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Meriwether County. "M. 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 Meriwether County or the State. "N. In the event any section, subsection, sentence, clause or phrase of this amendment 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 amendment, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or ad judged invalid or unconstitutional was not originally a part here of." Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 Meriwether County Industrial Development Authority "NO ( ) and to provide for powers, authority, funds, purposes and procedures connected therewith?" 424 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 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 Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Blalock Bond Bostick Bowen Branch Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Colwell Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer, L. Farmer, R. H. Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Grier Hadaway Hale Hall Hamilton Harrington Harris, J. F. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howell Hutchinson Irvin Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Lane, Dick Lane.WJ. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis MONDAY, FEBRUARY 20, 1967 425 Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton Merritt Miller Minge Mixon Moate Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Savage Shanahan Sherman Shields Simraons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith.W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood Those not voting were Messrs.: Alexander Black Brantley, H. H. Brantley, H. L. Collins, M. Conner Cook Dailey Daugherty Howard Johnson, B. Jordan, G. Land McClatchey Moore, Don C. Russell Scarlet! Turner Whaley Mr. Spetker On the adoption of the Resolution, the ayes were 184, nays 0. The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted. HR 106-252. By Messrs. Pickard, Buck and Jones 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 the Muscogee County Industrial Development Authority; to pnvide for 426 JOURNAL OF THE HOUSE, powers, authority, funds, purposes and 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 GEOR GIA: SECTION 1 That the Constitution of the State of Georgia as heretofore amended is hereby further amended by inserting at the end of Article VII, Section V, Paragraph I, the following: "A. There is hereby created for the public purposes hereinafter set forth, a body corporate and politic in Muscogee County, to be known as the Muscogee County Industrial Development Authority, which shall be an instrumentality of Muscogee 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 Muscogee County and they shall serve for a term of five (5) years. The members of the Board of Commissioners of Roads and Revenues of Muscogee County may be appointed as members of the Authority. Vacancies shall be filled for the unexpired term by ths said Board of County Commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. "C. The income, property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the income, property, obligations, and interest on the obligations of Muscogee 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. "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 bonds, to execute trust agreements or indentures, and to sell, con vey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; "(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to use and be sued in its corporate name; MONDAY, FEBRUARY 20, 1967 427 "(4) To have and exercise usual powers of privale corporations except such as are inconsistent with this amendment including the power to appoint and hire officers, agents and em)loyees end to provide their compensation and duties, which office's and agents may or may not be members of the Authority, aid the power to adopt and amend a corporate seal and by-laws aid reguations for the conduct and management of the Authority; "(5) To encourage and promote the expansion and development of industrial and commercial facilities in Muscogee County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any buiding or structure within the limits of Muscogee County, suitable for and intended for use as a factory, mill, shop, processing plant, issembly plant, or fabricating plant, including all necessary and apjurtenant lands and appurtenances thereto, and all necessary or useiu furnish ing, machinery and equipment. Such acquisition may bi through the acquisition of land the construction thereon of a buiding, in cluding the demolition of existing structures, or through tie acquisi tion of an existing building or building under constructiol, and the remodeling, renovating, reconstructing, completion, furnshing and equipping of such building; "(6) To receive and administer gifts, own, im)rcve, expand, develop, operate, maintain, sell, donate, lease as lesor or lessee, mortgage, pledge, convey to secure debt, or otherwise encumber or dispose of land, buildings, equipment, furnishings, 01 property of all kinds, real or personal, within Muscogee County, Georgia, and to make a contract or contracts and to execute any iistrument or document for the accomplishment thereof, or other puposes; "(7) No building acquired hereunder shall be operted by the Authority but shall be leased or sold to one or more perons, firms or corporations. If sold, the purchase price may be pud at one time or in installments falling due in not more than tiirty (30) years from the date of transfer of possession. The lesse or pur chaser shall be required to pay all costs of operating andmaintaining the building or buildings and to pay rentals or intallments sufficient, together with other revenues which may be pedged for the purpose, to retire all bonds, both principal and interet, and to pay all other expenses which the Authority may have ircurred in connection with the undertaking. "(8) To accumulate its funds from year to year andto invest accumulated funds in any manner that public funds of th* State of Georgia or any of its political subdivisions may be invesed; "(9) To designate officers to sign and act for the authority generally or in any specific matter; "(10) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated. 42* JOURNAL OF THE HOUSE, "E. The Authority shall not be authorized to create in any nanner any debt, liability or obligation against the State of Georgia r Muscogee County; "F. The members of the Authority shall receive no compensation for their services to the Authority; "G. In addition to the purposes for which revenue bonds may be issued as provided in Article VII, Section VII, Paragraph V, of this Constitution, the Authority, in order to finance any undertaking within the scope of its power or to refund any bonds then out standing, is hereby authorized to issue bonds, bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapters 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 lerein, 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 Muscogee County to pay any such bonds or the interest thereon, nor to enforce payment thereof against any property of Muscogee County; "H. The Authority may authorize additional bonds for exten sions and permanent improvements to any industrial buildings acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become neces sary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. "I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: "(1) The undertaking for which the bonds are to be issued will increase employment in Muscogee County. "(2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said Coun ty, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. "J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms, or MONDAY, FEBRUARY 20, 1967 429 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 Museogee County subject to any mortgages, liens, leases or other en cumbrances outstanding against or in respect to said property at that time. "L. This amendment is adopted and the Authority is created for the purpose of promoting and expanding for the public good and welfare industry and trade with Muscogee County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. "M. This amendment shall be effective immediately upon pro clamation of its ratification by the Governor. "N. In the event any section, subsection, sentence, clause or phrase of this amendment 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 amendment, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or ad judged invalid or unconstitutional was not originally a part hereof. "O. This amendment shall be self executing upon its ratifica tion, but 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 Muscogee County and the scope of its operations shall be limited to the territory embraced within said County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits." SECTION 2 When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "YES ( ) Shall the Constitution be amended so as to create the NO ( ) Muscogee County Industrial Development Authority?" 430 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. Adams Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Blalock Bond Bostick Bo wen Branch Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Colwell Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer, L. Farmer, R. H. Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Grier Hadaway Hale Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howell Hutchinson Irvin Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas MONDAY, FEBRUARY 20, 1967 431 Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaneill Melton Merritt Miller Minge Mixon Moate Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Savage Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood Those not voting were Messrs.: Alexander Black Brantley, H. H. Brantley, H. L. Collins, M. Conner Cook Dailey Daugherty Howard Johnson, B. Jordan, G. Land McClatchey Moore, Don C. Russell Scarlett Turner Whaley Mr. Speaker On the adoption of the Resolution, the ayes were 184, 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: 432 JOURNAL OF THE HOUSE, HR 134. By Mr. Bond of the 136th: A RESOLUTION Relative to the retirement of Dr. Benjamin E. Mays, President, Morehouse College, and for other purposes. WHEREAS, Dr. Benjamin Elijah Mays has served as President of Morehouse College since July 1, 1940; and WHEREAS, Dr. Benjamin Elijah Mays has brought great honor to himself, to Morehouse College and to the State of Georgia in his activities as an educator, speaker and author and in his efforts to ad vance education for the citizens of the State of Georgia through the growth and development of Morehouse College; and WHEREAS, Dr. Benjamin Elijah Mays is retiring on June 30, 1967, after more than twenty-six years as President of Morehouse College. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does commend and congratulate Dr. Benjamin Elijah Mays for his achievements and activities in the field of education through a lifetime of dedicated service; and, BE IT FURTHER RESOLVED that this Body, on behalf of the citizens of the State of Georgia, expresses, in recognition of his con tributions to education in the State of Georgia, its appreciation and gratitude to Dr. Benjamin Elijah Mays upon the occasion of his retire ment as President of Morehouse College; AND BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit copies of this Resolution to Dr. Benjamin Elijah Mays and the Board of Trustees of Morehouse College. HR 135. By Mr. Bond of the 136th: A RESOLUTION Relative to the 100th Anniversary of Morehouse College; and for other purposes. WHEREAS, Morehouse College was founded February 18, 1867, by William Jefferson White in Augusta, Georgia, as "The Augusta Institute", and WHEREAS, Morehouse College has grown from a small school in the basement of the Springfield Baptist Church to a large college located in Atlanta enrolling over nine hundred students from more than thirty states, the District of Columbia, and many foreign countries; and WHEREAS, Morehouse College has provided outstanding leader ship and educated leaders for the State of Georgia and throughout the MONDAY, FEBRUARY 20, 1967 433 United States and the free world including the presidencies of more than twenty colleges; more than three hundred doctors and dentists; members of legislatures; judges; members of city councils; pastors of leading churches; leaders in industry, in journalism and literature, in law and human relations, in banking and insurance; Georgia's only Nobel Peace Prize Winner; an Ambassador to the United Nations; and a member of the Atomic Energy Commission; and WHEREAS, February 18, 1967, is the 100th Anniversary of the Founding of Morehouse College; and WHEREAS, Morehouse College is celebrating its Centential An niversary during the week of February 13, 1967. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body, upon the 100th Anniversary of Morehouse College, does commend and congratulate Morehouse College for the quality education and leadership it has provided for the citizens of the State of Georgia during its first century; and, BE IT FURTHER RESOLVED THAT the Clerk of the House is hereby instructed to transmit copies of this Resolution to the Board of Trustees of Morehouse College. Under the general order of business, the following Bill of the House was taken up for consideration and read the third time: HB 40. By Messrs. Murphy of the 26th, Caldwell of the 51st and Irvin of the llth: A BILL To be entitled an Act To provide supplementary appropriations for the remainder of 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; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA that the sums of money hereinafter provided are hereby apporpriations for the remainder of the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore made for the operation of the agency of the State provided for herein. Section 1. Board of Corrections. 1966-67 -_,,.,,-_--,,-_-.----,,-_--_--$ 1,750,000.00 434 JOURNAL OF THE HOUSE, Section 2. Forest Research Council. A. Operating Expenses--Herty Foundation. 1966-67 --------------------------------._ $ 300,000.00 Section 3. State Highway Department, Planning and Construction. 1966-67---------.------------------------------.$ 9,163,379.38 Section 4. Department of Industry and Trade. A. Capital Outlay-Rivers and Harbors Improvement. 1966-67 ----______------------------------.-------- $ 295,000.00 Section 5. Supreme Court. 1966-67------._.------------------.--------.-.$ 43,740.00 Section 6. Court of Appeals. 1966-67--------------------------------_---$ 38,880.00 Section 7. Department of Mines, Mining and Geology. A. For Contractual Research 1966-67----__----------------------------------$ 94,700.00 Section 8. Department of Public Health. A. Gracewood State School and Hospital. 1966-67 --------------------------. --------------.$ 93,400.00 B. Milledgeville State Hospital. 1966-67------------.----------------------------$ 1,147,495.00 C. Southwestern State Hospital. 1966-67----------------.------------------.------.._.------$ 450,000.00 Section 9. Department of Public Safety. 1966-67 --------------__--__------------..----$ 383,000.00 Section 10. Department of Revenue. 1966-67 __----_-------_--__-------------------_$ 157,000.00 Section 11. Secretary of State. A. Combined Divisions. 1966-67 _-----------------------------_----$ 55,000.00 MONDAY, FEBRUARY 20, 1967 B. Examining Boards. 1966-67 _-...._-...._.___-___...........__.__..,,......__..............__? 435 55,000.00 Section 12. State Properties Control Commission. 1966-67 -__._.___-_..-___.___________,,.,,... ......__._____,,.......__._.....$ 15,000.00 Section 13. Veterans Service Board. 1966-67 -..-,,,,.__.._..,,.,, $ 183,130.00 Section 14. All expenditures and appropriations made and authorized under this Act shall be according to the objects and for the programs and activities as speci fied 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. Section 15. In the event it is determined by the Btidget Bureau that the total funds in the State Treasury in a fiscal year in which appropriations are made in the fore going Sections of this Act and the General Appropria tions 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 ap propriations made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. Laws 1962, p. 17). The amounts of the appropriations so reduced as directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allotments for each fiscal year, the amounts so in ex cess as determined by the Budget Bureau shall cease to be an obligation of the State. TOTAL APPROPRIATION. 1966-67 _..____....___.__.._-_-...-..-...----.-___--_,,.-_-$ 14,224,724.38 Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. 436 JOURNAL OP THE HOUSE, The Speaker resolved the House into a Committee of the Whole, designating Mr. Floyd of the 7th as Chairman thereof, for the purposes of considering' HB 40. The Committee of the Whole arose and through its Chairman reported HB 40 back to the House with the recommendation that the same Do Pass, by sub stitute, as amended. The following Committee substitute was read: A BILL To be entitled an Act To provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the opera tion of the agencies of the State provided for herein and the purposes provided for herein; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA that the sums of money hereinafter provided are hereby ap propriated as supplementary appropriations for the remainder of 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 provided for herein and the purposes provided for herein. Section 1. Board of Corrections. 1966-67--------.---_--~_---------------------$ 1,750,000.00 Provided that the allocations to objects in the Supple mental Budget shall be changed to read as follows: 1966-67 Operating Expenses -_..,,___.___._...._._--_,,_.$ 100,000.00 Capital Outlay -.---.-------------------_----.------ $ 1,650,000.00 Provided further that the operating expenses speci fied above may be used to phase out the Honor Camp at Indian Springs and any remaining funds may be used for repairs at Alto. Section 2. Forest Research Council. Operating Expenses -- Herty Foundation. 1966-67----------------------------_---------$ 300,000.00 Section 3. State Highway Department, Planning and Construction. 1966-67------------------------_-----__.$ 9,163,379.38 MONDAY, FEBRUARY 20, 1967 Section 4. Department of Industry and Trade. Capital Outlay -- Rivers and Harbors Improvement. 1966-67 _--__----______,,_....--__,,--_----$ 437 295,000.00 Section 5. Supreme Court. 1966-67----.-------___..__------_-_----_-_.$ 43,740.00 Section 6. Court of Appeals. 1966-67.--__... --__-___----_----__----$ 38,880.00 Section 7. Department of Mines, Mining and Geology. For Contractual Research. 1966-67..--._-----------------_-----__.___.$ Section 8. Department of Public Health. A. Gracewood State School and Hospital. 1966-67---.__----__.----_.___----__..___.$ 94,700.00 93,400.00 B. Milledgeville State Hospital. 1966-67-------------.---------_------$ 1,147,495.00 C. Southwestern State Hospital. 1966-67--------_------_--------_----------$ Section 9. Department of Public Safety. 1966-67----------_----..-----------------$ 450,000.00 418,700.00 Provided that the allocations to objects in the Sup plemental Budget shall be changed to read as follows: 1966-67 Personal Services _--------------_--------,,------_-$ 187,713.00 Operating Expenses ------------------------------___$ 212,987.00 Capital Outlay ------ ... . __.__.._.--------.--..$ 18,000.00 Provided that of the above amount, fifty troopers shall be added in this biennium and an increase in base pay of $50.00 per month shall be granted to all troops and GBI agents. Section 10. Department of Revenue. 1966-67---..---------------_---------------------$ 157,000.00 438 JOURNAL OF THE HOUSE, Section 11. Secretary of State. A. Combined Divisions. 1966-67 ..._.__.._.._-.-......_.,,...___.__.._._.._..-_._....-___ _.__....$ 55,000.00 B. Examining Boards. 1966-67 ----,,._---_,,______ ___$ 15,000.00 Provided that the allocations to objects in the Supplemental Budget shall be changed to read as follows: 1966-67 Personal Services ,,_...._..__._......._..._...__......_.___.._...,,.__..._$ 64,000.00 Operating Expenses _.._..._-_-..._-.__--.___,,._.....--_....--._--$ 6,000.00 Provided further that no part of this amount shall be used to implement the 1966 Act providing for a State Board of Registration for Dealers in Used Motor Vehicle Parts. Section 12. State Properties Control Commission. 1966-67 .___..__.._-_..._.....__.__...._....._.._._,,_....,,____...$ 15,000.00 Section 13. Veterans Service Board. 1966-67 .-----._-.._....-.-_..._.----_..-.__.-.._-..-_.._$ 183,130.00 Section 14. All expenditures and appropriations made and authorized under this Act shall be according to the objects and for the programs and activities as spec ified in the Governor's recommendation contained in the Supplemental Budget submitted to the General Assembly at the regular January, 1967 session, except as otherwise specified in this Act; provided, however, the director of the budget is authorized to make internal transfers within a budget unit between objects and pro grams 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 ap propriation, nor which would require operating funds or capital outlay funds beyond the current biennium. Section 15. 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 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 appropriations made, except authority lease rental funds and other constitutionally obligated funds, MONDAY, FEBRUARY 20, 1967 439 as provided by Georgia Code Section 40-418 (Ga. Laws 1962, p. 17). The amounts of the appropriations so reduced as directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby directed to econo mize wherever possible and in the event any part of the appropriations provided in the foregoing sections of this Act shall be in excess of the actual approved budget allot ments for each fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State. TOTAL APPROPRIATION 1966-67 ._.__.__,,__....$ 14,220,424.38 Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. The following Committee amendments were read and adopted: The Committee of the whole moves to amend Com mittee Substitute to HB 40 by striking from Section 1 the figure "$1,750,000.00" and inserting in lieu thereof the figure "$1,900,000.00". And by striking the figure "$1,650,000.00" and in serting in lieu thereof the figure "$1,800,000.00". The Committee of the Whole moves to amend Com mittee Substitute to HB 40 by striking Section 3 in its entirety and inserty in lieu thereof a new Section 3 to read as follows: "Section 3. State Highway Department. A. Planning and Construction. 1966-67------------------.-------------$ 9,163,379.38 B. Capital Outlay -- Appalachian Program. 1966-67---------------------------------$ 16,000,000.00 Provided that the above amount of $16,000,000.00 shall be used to match federal funds for the Appalachian Highway Program." The Committee of the Whole moves to amend the Com mittee substitute to HB 40 by adding a new section to be known as Section 3-C to read as follows: 440 JOURNAL OF THE HOUSE, Administrative Fee-Administration of Truck Weighing Program. 1966-67--______.__.___.._.__.._____.__...__$ 225,000.00 The Committee of the Whole moves to amend Com mittee Substitute to HB 40 by striking the following: "TOTAL APPROPRIATION 1966-67 _._.....$14,220,424.38" and inserting in lieu thereof the following: "TOTAL APPROPRIATION 1966-67 .__...,,----$30,595,424.38" The Committee substitute, as amended by the Committee of the Whole, 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. Adams Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Busbee Caldwell Games Gates Cato Cheeks Clarke Cole Cook Cooper Cox Crowe, William Crowe, W. J. Dailey Davis Dean DeLong Dent Dillon Dixon Dodson Dollar Dorminy Doster Douglas Fallin Farmer Farrar Fleming Floyd Gary Gaynor Gignilliat Grahl Hadaway Hale Hall Hamilton Harris, J. F. Harris, J. R. Harrison Hill Holder Howard Howell Hutchinson Irvin Johnson Joiner Jones, C. M. Jones, M. MONDAY, FEBRUARY 20, 1967 441 Jordan Kaylor Kirksey Knapp Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lowrey Magoon Malone Matthews, C. Matthews, D. B. Mauldin Maxwell McClatchey Melton Merritt Miller Minge Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Newton Nimmer Odom Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Ragland Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Simmons Smith, J. R. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Sullivan Sweat Thomas Thompson, R. Threadgill Tucker Tye Vaughan, D. N. Walling Wamble Ware Wells Westlake Whaley Williams Wilson, R. W. Wood Those voting in the negative were Messrs.: Egan Townsend Winkles Those not voting were Messrs.: Alexander Bond Branch Brown, B. D. Chandler Collins, J. F. Collins, M. Colwell Conner Cooper, B. Daugherty Dickinson Edwards Funk Gay Grier Harrington Harris, R. W. Henderson Higginbotham Hood Jenkins Johnson, A. S. Jordan, G. Laite Land Leggett Leonard Mason McCracken McDaniell Nash Nessmith Northcutt Paris Potts Rainey Reaves Richardson Roach Sims Smith, C. W. Snow Thompson, A. W. Turner Underwood Vaughn, C. R. Ward Wiggins Wilson, J. M. Mr. Speaker 442 JOURNAL OP THE HOUSE, On the passage of the Bill by substitute, as amended, the ayes were 150, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Messrs. Laite of the 109th, Vaughn of the 117th and Reaves of the 99th asked that their vote be recorded as aye as they were called from the floor of the House when the call of the roll was taken. Mr. Turner of the 123rd stated that he had been called from the floor of the House to confer with constituents when the vote was taken on HB 40, but had he been present, would have voted "aye". By unanimous consent, HB 40 was ordered immediately transmitted to the Senate. Under the general order of business, the following Bill of the House was taken up for consideration and read the third time. HB 45. By Messrs. Murphy of the 26th, Caldwell of the 51st and Irvin of the llth: A BILL TO BE ENTITLED An Act to make and provide appropriations for the fiscal year beginning July 1, 1967, and ending June 30, 1968, and the fiscal year beginning July 1, 1968, and ending June 30, 1969; to make and provide such appropriations for the operation of the State Government, its de partments, boards, bureaus, commissions, institutions, and other agen cies, and for the university system, common schools, counties, muni cipalities, political subdivisions, and for all other governmental act ivities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA that the sums of money hereinafter provided are approprivated for the fiscal year beginning July 1, 1967, and ending June 30, 1968, and the fiscal year beginning July 1, 1968, and ending June 30, 1969, as prescribed hereinafter for each of such fiscal years, from the General Funds of the State, including unappropriated surplus as of June 30, 1967. PART I LEGISLATIVE BRANCH Section 1. Legislative Branch. For compensation, expenses, and mileage allowances for members of the Gen eral Assembly, and for the officials, employees, and com mittees of the General Assembly, and each branch there- MONDAY, FEBRUARY 20, 1967 443 of; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Representatives authorized by law; for membership in the Council of State Governments, National Conference of Commission ers on Uniform State Laws, National Conference of Legislative Leaders and Marine Fisheries Compact; for supplies, repairs, printing and other incidental expenses and equipment for the General Assembly, and the neces sary cost of renovating and repairing the housing facil ities for the Legislative Branch; for cost of compiling, publishing and distributing the Acts and Journals of the General Assembly; the codes of Georgia and the annual report of the State Auditor to the General Assembly; for election blanks and any other election expense, including publishing constitutional amendments; for all costs of Georgia Official and Statistical Register as provided by resolution; and for cost of Legislative Services Com mittee and the Office of Legislative Counsel as author ized by law. 1967-68 ._______,,______..,,____._....._...________.________-_________-.________-$ 2,900,000.00 1968-69 ................. _______________________-..,,-_____-,,-$ 2,900,000.00 PART II JUDICIAL BRANCH Section 2. Supreme Court. For the cost of operating the Supreme Court of the State of Georgia, including salaries of justices and the employees of the Court, their retirement contributions and three Emeritus positions. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500.00 in each fiscal year shall be allocated for the payment of attorneys' fees and legal expenses for indigent defend ants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479. 1967-68 1968-69 517,000.00 517,000.00 Section 3. Court Appeals. For the cost of operating the State Court of Appeals including salaries and re tirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court. Pro vided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year. 1967-68 ____.._____----__-___.-__-,,-__-__.-_--___..---_____...-__$ 1968-69 ---__-_-._,,_-,, .___..___________________$ 634,000.00 634,000.00 444 JOURNAL OF THE HOUSE, Section 4. Superior Courts. For the cost of operat ing the Superior Courts of the State of Georgia, includ ing such contingent expense allowances authorized by law, the payment of mileage as authorized by law, and such other expenses as may be authorized by law. Pro vided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year. 1967-68 _.....__...,,___._..,,__..._...,,._._..._,,.-._..___._.....$ 1,840,000.00 1968-69 ___.__--.___.___,,__._____,-__.__--____.------$ 1,840,000.00 Section 5. For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals. Provided, however, notwithstanding any other provisions of this Act, that any surplus in this appropriation may be transferred by the Budget Bureau to be used in the Book Fund of the State Library. 1967-68 ^__. .--,,,,.--____-_-..___---$ 1968-69 __________.__.___.___-_________,,.__._$ 35,000.00 35,000.00 PART III EXECUTIVE BRANCH GENERAL GOVERNMENT Section 6. Commission on Aging. 1967-68 ..._-_._______________-_,,____-.._-$ 1968-69 ___._____.____.___,,-_______,,-_,,-$ 45,470.00 63,440.00 Section 7. Art Commission, Georgia. 1967-68 __.___,,______________._._____._______$ 1968-69 ___...___.__,,___.____________-$ Section 8. Audits, Department of. 1967-68 .,,_.,,._.___..__..,,____..-__.__..-._.._,,..._..-...._._._...._..___.$ 1968-69 _-_____._._._,,,,.__,---$ 48,400.00 51,500.00 727,705.00 794,026.00 Section 9. Banking, Department of. 1967-68 ________...__-..___....._-.__..._-_.-___.__-...$ 1968-69 -.__-...-......._._...._-...,,___._.....-..--_---_--......._.--$ Section 10. Capitol Square Improvement Committee. A. Operating Costs. 1967-68 ...._..,,......-.-.__.._-____..,,.......___-_..___..-._.._-...__._-...$ 1968-69 ...................................I 511,600.00 558,400.00 275,000.00 150,000.00 MONDAY, FEBRUARY 20, 1967 445 B. For Capital Outlay--Annual Cost of Acquiring the Judicial, Agricultural, Health and Other State Office Buildings, and Facilities--Authority Rentals. 1967-68 ._.._...__,..__.....__......_.______....___.______...____.._.._________.$ 3,027,752.87 1968-69 ..__.____._.-_._.___.._.._....._...___._........$ 3,027,752.87 Section 11. Comptroller General. For the cost of operating the Office of the Comptroller General, Insur ance Commissioner, Fire Inspection Division, Building Safety Council, Insurance Rate Division, Industrial Loan Commissioner, and the Liquified Petroleum Safety Act. Section 12. Executive Department. A. For the cost of operating the Executive Depart ment, including the cost and maintenance expense for the Executive automobile, and telephones at the Mansion; and for the contingent expenses of the Department, such as rewards, dues to the Governor's Conferences, and special committee expenses. 1967-68 .---,,.._..._...--.______.-..__.___.____.-......___,,___? 1968-69 --_--_--__-___....__-_--_.____..___..._..._._...$ 454,600.00 464,000.00 B. For the allowance payable monthly for the cost of operating the Executive Mansion, including servants' hire, food, other supplies, and laundry. 1967-68 ---_.-- -----____.__......_....,,.._.____$ 1968-69 .___-___---.-___,,_.---__..._.._...._._..__.$ 50,000.00 50,000.00 Section 13. Budget Bureau. 1967-68 ----._- -,,- --- _-----.$ 1968-69 ___--__ _---,,-----_-,,__---$ 277,300.00 308,300.00 Section 14. Georgia Historical Commission. 1967-68 ,,--------.-_,,--.____-.-..---____.-.-.__$ 1968-69 _.-____---__----- _----_____...$ 372,900.00 383,900.00 Section 15. Industry and Trade, Department of. A. General Operating Costs. 1967-68 .._-___----._-_-----..-_.._.__...._.__..._.$ 2,355,500.00 1968-69 --- ------- ----- -----------$ 2,552,000.00 B. Grants to Area Planning and Development Com missions. 1967-68 ----- ----- --- -----------$ 1968-69 ..._....__...._....-._____......---___........__....-.__.........-.$ 823,200.00 847,200.00 446 JOURNAL OP THE HOUSE, C. Capital Outlay: (a) Eivers and Harbors Development--to be expend ed under contract with the Rivers and Harbors Develop ment Commission. 1967-68 .._.___-_....._........__-.._..........._..-_-.-.....-..-_.-.......______.$ 250,000.00 (b) Metropolitan Atlanta Rapid Transit--to be ex pended under contract with the Metropolitan Atlanta Rapid Transit Authority. 1967-68 --- ... .._......_.....___.._____ $ 1968-69 --..,,-.- ___......-......-_...__...-------- - $ 250,000.00 250,000.00 D. Capital Outlay--Authority Lease Rentals--An nual lease payments to Georgia Ports Authority. 1967-68 ,,-- -- -----$ 1,967,500.00 1968-69 .._.........._-.....-...._......___.._......_................___..____________.$ 1,967,500.00 Section 16. Labor, Department of. A. For the cost of operating the Commissioner's Of fice and Factory Inspection Division. 1967-68 --------_- ..__._._-...____.-..____-_.......__.$ 1968-69 -,,..--,,---------_-_--$ 350,264.00 437,936.00 B. For that part of cost of operations of Employ ment Security Agency as authorized by Act approved March 8, 1945. 1967-68 -.---_-___--___..--__..-_._.___.-__.-._.._.___.._______________-$ 1968-69 ------ --- .-------.$ 85,000.00 85,000.00 Section 17. Law, Department of. For the cost of operating the Department of Law, provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any other agency of the State in the Executive Branch of the State Gov ernment, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and mainte nance of the respective agency for the purposes for which provision is made in this item, unless the payment is for reimbursement to the Department of Law by the State Highway Department for expenses incurred for legal services by any Assistant Attorney General or Deputy Assistant Attorney General assigned by the At torney General of Georgia to perform specific items of MONDAY, FEBRUARY 20, 1967 legal work in connection with the acquisition of rightsof-way on the State road system. 1967-68 _..____.____-.__._..__..........-_._....___._......__.__..___..-_._._._...._..$ 1968-69 _...__-.___.._..._,,_........_.-...._._-....._..._._._...._.____...,,.__........ $ 447 767,000.00 828,000.00 Section 18. Library, State. 1967-68 _..._.___....__....._-... __-..__._...__.__._._.._. _........__._._.___$... 111,200.00 1968-69 _ . _. . .... $ 123,600.00 Section 19. Literature Commission, State. 1967-68 . .. _ . ^^ $ 1968-69 ___........,,..____.__.______...-_..._.-......_.-....____.....____.__....._._.$ 25,200.00 30,600.00 Section 20. Pharmacy Board. For cost of operating the office of Chief Drug Inspector. 1967-68 ....___...-...._.........._.._...____.._.___.,,--.-..,,,,_--__.__-....__.$ 1968-69 ......_.....-...._..._..,,.___.___-_..____......-..-_____..-_._.._...___-___$ 114,600.00 119,900.00 Section 21. Public Defense, Department of. For the cost of operating the Military Division, aid to military organizations and the cost of operating the Civil Defense Division, and the Office of Emergency Planning. 1967-68 ...._.__.._..__,,_.......-.............-_-___._____-..........-....-.__-.___.$ 984,600.00 1968-69 ________________,,___-___-_-.__-..____.-___...___..._,,_--__.._.____._._$ 1,005,900.00 Section 22. Public Safety, Department of. 1967-68 ...,,-_.___...._.___............._...___.______..._..........__.........____.$ 10,107,800.00 1968-69 ..._......-._____...___.____._..._____..._._........__........_......__.....$ 11,092,800.00 Provided, however, that the Director of the Depart ment 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 American Asso ciation of Motor Vehicle Administrators, and the Inter national Association of Chiefs of Police (State and Pro vincial Police). Section 23. Public Service Commission. For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Commission. 1967-68 __..___.________.._.,._._._.__. .__._._.__._.._.......__..._... _._.___.. ...._..$ 1968-69 ....___.________......_......_...._.....__..._.__......_...-....._.._.......__.__.$ 631,200.00 669,000.00 448 JOURNAL OF THE HOUSE, Section 24. Purchases, Supervisor of. 1967-68 ._.,,__-__,,.-._-____--__-_----_--_$ 1968-69 _--- _------------,,.--$ 406,400.00 430,800.00 Section 25. Recreation Commission. 1967-68 ------------- ----- -----$ 1968-69 ------_------__ ---------------__$ 97,900.00 102,300.00 Section 26. Revenue, Department of. A. For cost of operating the Department of Revenue. 1967-68 .......__..___....___..._...,,_......_....._....____._..___.._....._.....$ 11,042,100.00 1968-69'------------..--------------.-.---.$ 11,685,200.00 B. Grants to counties--Tax reevaluation. For grants to counties in accordance with rules and regulations set up by the Commissioner of Revenue for assisting counties in financing tax reevaluation studies. 1967-68 --------------------------- -- $ 1968-69 ..._............................... ............^..$ 200,000.00 150,000.00 C. Loans to counties--Tax reevaluation. There is hereby appropriated for each of the next two fiscal years covered by this Act the amount of such repayments of county tax evaluation loans as may be made by such coun ties during each of the next two fiscal years in such amount and for the same purpose as originally appropri ated, but not to exceed $400,000.00 in each of the next two fiscal years. Such amount shall be available for further tax evaluation loans to counties. Section 27. Science and Technology Commission. 1967-68 . --- -^-------- --_.---- _$ 1968-69 ------------------_----__----_------.--,,$ 142,890.00 163,806.00 Section 28. Secretary of State. A. Combined Divisions. For the cost of operating the office of Secretary of State, and all other programs administered through such office. 1967-68 ...... .................................___._._..._....__.____...$ 1968-69 -----------------_-.-----._---_$ 657,900.00 710,700.00 B. Examining Boards. 1967-68 ~--_-------------__---------.---- $ 1968-69 -- --------------------- _-^$ 715,800.00 767,900.00 MONDAY, FEBRUARY 20, 1967 449 C. Archives and Records. For the cost of operation of archives and history, microfilming and housing records, and the State Museum, including lease rental payments to the State Office Building Authority for the State Archives Building in amount of $815,000.00 per annum. 1967-68 ._._--- ...^ _____.__.__---_-_$ 1,304,500.00 1968-69 _________________________________________.-.._________--$ 1,359,000.00 D. Buildings and Grounds. For the cost of operating the State Capitol Building and grounds, the maintenance of Confederate cemeteries, the repairs, furnishings, equipment, light, power, water, and upkeep of grounds at the Mansion and for insurance on public property not otherwise provided for. 1967-68 .__.____.__-____-_-_._.....___----_...__....$ 1968-69 _-__-....,,......__.._.......____,,_._______.______$ 416,900.00 457,100.00 E. Special Repairs--Capitol Building, Mansion, and Legislative Chambers, Rooms, Offices and Facilities. 1967-68 _____________....,,.._.___.______._..-.._.__...._...$ 1968-69 .__...__...._.___........__._...__.___.................$ 100,000.00 100,000.00 Section 29. State Properties Control Commission. For the cost of operating State Properties Control Com mission. 1967-68 _........_......_....__....._...____________-._______$ 1968-69 ._.-_-,,___-__..,,_____..________-_$ 50,000.00 50,000.00 Section 30. Treasury, State. For operation of State Treasury including Bond Commissioner. 1967-68 ......-_......-._....-.__...._._-..._..._.___.--_.._______$ 1968-69 ___-___-__-______--______--__-__-_..__.__$ 128,700.00 131,200.00 Section 31. Veterans Service. A. For the cost of operating the Department of Veterans Service. 1967-68 -..---------.-.-------- -- ------------------------------- ^ 1,018,800.00 1968-69 __. ,,_ ,,______.____..___-__..-_..__..$ 1,097,500.00 B. For the cost of operating the Veterans Service Board, War Veterans Home, and Veterans Nursing Home. 1967-68 ..___-_-._-__-_____._-___-___-___-__--.______$ 519,000.00 1968-69 __-_-_____________$ 1,773,900.00 450 JOURNAL OF THE HOUSE, C. For the cost of pensions to Confederate Widows. 1967-68 --------------------------_...._....._.._._......_._.$ 1968-69 _.___----_----------__----_.------------------$ 81,000.00 72,190.00 Section 32. Workmen's Compensation, State Board of. For the cost of operating the State Board of Work men's Compensation. 1967-68 _ -- _-._.-_----------.--,,__--___--------$ 1968-69 _ _ .------....____-_----__--_------.-.$ 597,400.00 635,700.00 AGRICULTURE AND CONSERVATION Section 33. Agriculture, Department of. A. For the operation of all activities of the Depart ment including the operation of Farmers' Markets. 1967-68 ___------------__............................... ....^$ 7,504,600.00 1968-69 ._._._.________-___..___,,.--_----------$ 7,873,900.00 B. Capital Outlay--Authority Lease Rental to State Farmers' Market Authority for Atlanta Farmers' Market. 1967-68 _--__-------------------------------$ 1968-69 ____-_____.--..-_.__.__-----_-_------_$ 750,000.00 750,000.00 Section 34. Conservation. A. Department of Forestry. 1967-68 .......__----____------__._._...__............__...$ 4,138,200.00 1968-69 _._..__.__-_____-__--_.,--,-,,,,__--------$ 4,610,400.00 B. Forest Research Council. 1967-68 ----__._._._..__....__......__._.._._.___..-_._$ 1968-69 _____------,,,,--,,--_----__---- ____ -_.$ 374,600.00 407,800.00 C. Game and Fish Commission. 1967-68 ------------------------__-._...-.._.....-....._..$ 2,902,100.00 1968-69 ..-- -----.-......._--_._..---.----,,--,,_------,--,,-$ 3,028,200.00 D. Jekyll Island Committee. 1967-68 ___._.-__..--..__._____--------_..--__.-$ 1968-69 ----__-_-_-_-_--------_..._._...._.....$ 550,000.00 550,000.00 With the approval of the Budget Bureau, the Jekyll Island Authority may utilize an amount not to exceed MONDAY, FEBRUARY 20, 1967 $220,000.00 per annum of the above appropriation to enter into authority rental commitments for reconstruc tion, protection of beaches, and other capital outlay re quirements. E. Mineral Leasing Commission. 1967-68 -...-..---~---~.-.-.....----.----.--.-..-.-----.-.$ 1968-69 ..^.............^..- _....._.--...-___...,-.__..-__...-.-..__.-$ 451 5,000.00 5,000.00 F. Department of Mines, Mining and Geology In cluding Oil and Gas Commission. (a) Regular Operation. 1967-68 .___..._...........-._.-..__..____.-.-_.....-._..-..-.-.-..._----__.$ 1968-69 ...,,_-.__-_----.._-._.--,,__,,_._.-.....-..___-----_.$ 301,800.00 305,100.00 (b) South Georgia Minerals Exploration and Re search. 1967-68 ................._-._......_......._.....___......._..__..._.___$ 1968-69 ._.__._.._....._.___-,,._.,.....___..._.__.__..__$ 188,500.00 188,500.00 G. Department of Parks. (a) For general operation and development of State Parks. 1967-68 ____-----___. ,,.-.._ .... ___-_-----_-$ 1,280,200.00 1968-69 ----------,-,-....,,----_- --__._--__.__$ 1,417,600.00 (b) Capital Outlay--Authority Rentals for State Park Bonds. 1967-68 -----____.-.,,--_-_---_-_----_$ 1968-69 _---_--..___..__..___-__......_.._.___.$ 766,000.00 766,000.00 (c) Capital Outlay--Authority Rentals for payments to Stone Mountain Memorial Commission. 1967-68 ._______......___.__...._.....-.._....-._._.........-.................$ 1968-69 _..........._ . .....^...................... ..^ 800,000.00 800,000.00 H. Soil and Water Conservation Committee. For the cost of operating the State Soil and Water Conservation Committee. 1967-68 -_--.----_-----.,,._-_.______...____.....,,,,_..____$ 1968-69 _._.___._......--__.,,_._-.____-__...__._._-._._...$ 400,000.00 400,000.00 452 JOURNAL OF THE HOUSE, I. Stone Mountain Memorial Committee. For operating costs including costs of improvements by convict labor. 1967-68 _---___-__.__._____-____-___________._.._.__.--___--_______.$ 1968-69 __________,.____---._-------____._____-_._____.$ 350,000.00 350,000.00 CORRECTIONS Section 35. Corrections, State Board of. A. For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System. 1967-68 --_.-_._______.-___._______-__-______..______________$ 8,078,600.00 1968-69 --_-.---,,__.__.______-__.____--_.______._-_--.__._______.$ 9,266,500.00 Provided, that no funds appropriated in this Section or otherwise available, shall be used to pay a salary in excess of the Director's salary, except salaries for phy sicians. B. Capital Outlay--Authority Rentals. For author ity lease contracts to State Penal Rehabilitation Author ity. 1967-68 -. -- -_------,,_--_________.__.__.--___.___.___.$ 1,400,000.00 1968-69 ..,,----__.,,.__.______-____.__.______-______,,____-,,_.$ 1,400.000.00 Section 36. Pardons and Paroles, State Board of. 1967-68 .-----------------------,,------,,$ 928,300.00 1968-69 ________________. -- -,,__,_-__________$ 1,001,300.00 Section 37. Probation, State Board of. For the cost of operating the statewide Probation System, admini stered by the State Board of Probation. 1967-68 _________________________________________-----$ 1,220,900.00 1968-69 ______________-------- - -_____..$ 1,324,700.00 EDUCATION Section 38. State Board of Education--Department of Education. A. For matching vocational rehabilitation funds in cooperation with the Federal Government; for operation of vocational trade schools; for operation of public and rural library programs; for operation of School for the Deaf and Academy for the Blind; for grants for aid to the public common schools, under provisions of law; MONDAY, FEBRUARY 20, 1967 453 for free textbooks for children attending public common schools; for the salaries of county school superintendents; for the operating costs of the Department; for education al grants, including the grants to teachers for scholar ships, as provided by law; and for any other expense authorized by law, payable from the common school funds. 1967-68 ---------------_____--_.__-__..._____-----~_-$298,953,400.00 1968-69 -,, ---^-- ---- .---------- $330,214,700.00 Provided that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital outlay funds beyond the present biennium, unless such program or project has been specifically authorized by by the General Assembly. Provided, however, that in those new program areas where federal funds are accepted by the State Board of Education under Code Section 32-413, the Budget Bureau shall reduce the appropriation for any item or part thereof which can be financed with federal funds in lieu of State funds under the terms of the federal act, except for funds necessary to match such federal grants. No thing in this Section shall be interpreted in such a way as to reduce eligibility of the State for federal funds or to authorize reduction of the State appropriation for programs for which commitments have already been made to local systems. Funds appropriated for Section 12 of MFPE Act No. 523 shall be paid for salaries of certificated professional personnel serving as principals, instructional supervisors, visiting teachers, librarians, and guidance counselors. Funds in the amounts of $1,300,000.00 in 1967-68 and $2,800,000.00 in 1968-69 which are recommended for School Lunch Operation Grants and $351,200.00 in 196768 and $428,800.00 in 1968-69 which are recommended for Supplements to School Lunch Managers shall be trans ferred upon approval by the Budget Director to Mainte nance, Operation and Sick Leave Grants, Section 13 of the Minimum Foundation Program of Education Act, if such appropriations are ruled to be unconstitutional. B. Capital Outlay--Authority Lease Rentals. 1967-68 -.---.---..-----------.-,--- -------^ 27,801,000.00 1968-69 _-._--__.._,,-.---,,-._._..,,____.-....-..__.$ 29,801,000.00 For capital outlay purposes of the State Board of Education, including the payment of obligations hereto- 454 JOURNAL OF THE HOUSE, fore incurred by said Board pursuant to contracts entered into prior to July 1, 1967. Section 39. Educational Improvement Council. 1967-68 _.-.-------------------_..-$ 1968-69 _-----------__...._____..,,.._--.-.----$ 100,619.00 115,368.00 Section 40. Higher Education Assistance Committee. 1967-68 ........._.....__._-- ..--,,-- -- -----$ 1968-69 .._...-..-...__----_------__...__....__........._.__.$ 489,600.00 757,950.00 Section 41. Medical Education Board. For cost of operation of the State Medical Education Board, including the payment of medical scholarships as authorized by provisions of the Georgia State Constitu tion. 1967-68 __----------------------_----__-_-_....? 1968-69 _----------__----._-----------------$ 204,891.00 207,124.00 Section 42. State Board of Regents. A. The general cost of operation of the board; for aid to the University System; for annual payment of $8,000.00 to the University of Georgia for old stock items; for scholarship authorized by law $200,000.00; for the support of research and for the cost of use and/or ac quiring additions to plant and equipment for the Univer sity System. 1967-68 _._.._________________________-_________.__._.$ 94,574,401.00 1968-69 .__-,,------------_---___-_------__-$116,181,185.00 Provided, that the above appropriations shall be in addition to the funds realized by the respective units in each fiscal year from the Federal Government, do nations, gifts, earnings from fees, rents, sales and any other source of income, and provided that from the above appropriations the amount of $13,640,000.00 in 1967-68, and the amount of $16,000,000.00 in 1968-69, is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided that the State Board of Regents shall, within the first 30 days of each fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in each fiscal year to pay the annual lease contract commit ments for the acquisition of property as provided for in the provision of the State Constitution, and shall, second, apportion the remaining funds available to the various units to cover cost incident to the operation and develop- MONDAY, FEBRUARY 20, 1967 455 ment of the University System. The State Board of Re gents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing. No part of this appropriation, nor any funds realized by the State Board of Regents of the University System, or any school or college from the Federal Government, or from donations, gifts, earnings, fees, rents, sales or other sources of income, shall be available for use or expenditure until made available by a written order of the State Budget Authorities, Provided that funds from donations, gifts, earnings, fees, and any other source of income shall be available to support further lease rental agreements for dormitories and other school buildings, with the ap proval of the Budget Bureau. Such further contracts may be entered into not to exceed $650,000.00 per annum. B. Eugene Talmadge Memorial Hospital - State Board of Regents. 1967-68 .._..-.....-...._._-..__...-...-..._..--,,_.---...----.....--.$ 1968-69 _-_____._,,__-_--__-_--.__-__.__--------.--_---------$ 5,357,599.00 6,208,815.00 Section 43. State Scholarship Commission. 1967-68 -__....__-_____-_,,____-____-________-_--~--_-- 1968-69 ------_---------_,,.,,----- .$ 825,260.00 _$ 1,084,870.00 Section 44. Teachers' Retirement System. For the State's contribution to the Teachers' Re tirement Funds, including the cost of administration. 1967-68 ...._..._._....._..______________.________,,_,,,,_.._,,$ 28,154,886.00 1968-69 ..._..__.___..-...-...._.......,,.,,_.._,,-_...._-__-............-_._-.$ 31,918,691.00 Provided, that any surplus funds contained in the Teachers' Retirement Fund shall be used for the purpose of implementing the provisions of House Bill 1115 of the 1962 session, as changed by Senate Bill 164 of the 1963 session, relative to providing a minimum floor of five ($5.00) dollars for each year of service up to forty years for those members of the Teachers' Retirement System who retired on or before July 1, 1961. HEALTH AND WELFARE Section 45. Public Welfare, Department of Family and Children Services. 456 JOURNAL OP THE HOUSE, A. For the Cost of Operation of the State Welfare Programs. 1967-68 _,,____________,,_._-.._______..________$ 1968-69 _____________._.______.__._____..___________$ 2,783,200.00 3,249,700.00 B. Benefits. For benefits to the aged, the blind, the permanently and totally disabled, and dependent children; and for children and youth care as authorized by law. 1967-68 ___________________________________________._.$ 30,695,000.00 1968-69 ________.___.______________$ 33,495,000.00 C. Grants to Counties for Administration and Ser vices. For the cost of participating with the Federal Government and counties in the administration of local welfare programs. 1967-68 ._______-___-_____________.-__._____._________________.$ 1968-69 ________________.____.___________.___.$ 5,808,750.00 6,898,900.00 Provided that medical care programs of physicans' services, X-ray and medical laboratory services, and social services in the adult programs shall be initiated only upon Federal approval of a state plan administered under under Title XIX of the Federal Social Security Act. D. Institutions. For the cost of operation of the in stitutions under the administration of the Department of Family and Children Services, including construction costs of a new institution for girls, and grants to countyowned detention centers. 1967-68 .__.___.__________.--___.______.____$ 1968-69 _______________________________________$ 6,370,750.00 4,560,400.00 Section 46. Public Health, Department of. A. Regular Operations. For the cost of operating the Department of Public Health, grants to counties for public health programs, services for crippled children, and the mental health program, including the purchase of services of private hospitals. 1967-68 ________________,,________________$ 12,232,870.00 1968-69 ____.._-...___________._____.___.__--__.______$ 14,434,540.00 B. Alcoholic Rehabilitation Service. For the cost of conducting the Alcoholic Rehabilitation Program. 1967-68 ____._______.-__-$ 1968-69 __________________________.____$ 522,320.00 582,420.00 MONDAY, FEBRUARY 20, 1967 457 C. Atlanta Regional Hospital. For the cost of devel oping and operating the Atlanta Regional Hospital, in cluding pre-admission and post-discharge services. 1967-68 ________,,.....__..._____.____________._________,,___.$ 1968-69 ______.____-_,,________,, -- _,,___.__.____.-$ 50,630.00 310,020.00 D. Augusta Regional Hospital. For the cost of dev eloping and operating the Augusta Regional Hospital, in cluding pre-admission and post-discharge services. 1967-68 ----__...___.--__._...__.....__..____....------$ 1968-69 _......_._____--............._........._.....,,........_.............._...$ 50,630.00 618,950.00 E. Authority Lease Rentals. For annual cost of acquiring Eugene Talmadge Memorial Hospital. 1967-68 -..--...........-..--..........-...-.-.,,.._..._..........----...._-$ 840,000.00 F. Authority Lease Rentals. For the cost of paying lease rentals to State Hospital Authority covering con struction of mental health and mental retardation and other facilities. 1967-68 ._...,,._._.._.._._..___._._._......-_-.__--....___$ 3,525,000.00 1968-69 -.---------.__---------._-------_......._-_.$ 4,936,500.00 G. Battey State Hospital. For the cost of operating the Battey State Hospital, including pre-admission and post-discharge services. 1967-68 _______--____._--------.---------.__-$ 3,141,890.00 1968-69 _....._..._.__..._.----..----_.____.._.........,,_.$ 3,233,900.DO H. Georgia Mental Health Institute. For the cost of operating the Georgia Mental Institute, including pre admission and post-discharge services. 1967-68 ----_____.____--.____--__............__$ 3,538,590.00 1968-69 ..,,._......-.__..-...-..-.-.----...-..__----__----__-$ 4,144,900.00 I. Georgia Retardation Center. For the cost of devel oping and operating the Georgia Retardation Center, in cluding pre-admission and post-discharge services. 1967-68 .______._..--------.----__.___..--.-..-...__$ 252,800.00 1968-69 ..._..__..._..._._.____.-_.-...______.._--.-._.--_..,,....----$ 1,032,900.00 J. Gracewood State School and Hospital. For the cost of operating the Gracewood State School and Hosp ital, including pre-admission and post-discharge services, 458 JOURNAL OF THE HOUSE, and for capital outlay, including the purchase of equip- t ment. 1967-68 ____._----_---.....---.--------.._.----.-.$ 6,868,600.00 1968-69 ------_---.._._____.__..._._._._...$ 8,118,160.00 K. Medical Facilities Construction. For aid to local government subdivisions in establishing, constructing and equipping hospital facilities to be administered and ex pended in the same manner as other public health funds, and in accordance with the provisions of the Hill-Burton Act, as amended, and the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 of the United States Congress, and the rules and regulations of the State Board of Health. 1967-68 ._----____._.__........_._.__...._..............._.$ 2,000,000.00 1968-69 _._____.---.___,,__,,__.__-.._._______$ 2,000,000.00 L. Milledgeville State Hospital. For the cost of operating the Milledgeville State Hospital, including pre admission and post-discharge services; and for capital outlay, including the purchase of equipment. 1967-68 -___._._--~_-_--_._....-__...._..._-____...........$ 26,858,150.00 1968-69 ,,.._..._..-...-...-..___,,,,..............................._.-._._._,,$ 28,279,310.00 M. Southwestern State Hospital. For the cost of operating the Southwestern State Hospital, including pre admission and post-discharge services; and for capital outlay, including the purchase of equipment. 1967-68 -.-____---__-----_-_____-_-_.,,_.___.__.__.__.,,___--__$ 2,927,710.00 1968-69 .......-.-_.-_.__-_.-..._............._..-........._-.____-_.--_..,,_.$ 3,311,520.00 N. Water Quality Control Division. For the cost of conducting the programs of the State Water Quality Con trol Board. 1967-68 ._______-------,,_._______.___.,,_.__.-._..J 1968-69 _....-__.__.._......._..._..._____.................._.,,..$ 230,750.00 272,500.00 HIGHWAYS Section 47. Highway Department. Appropriation of all funds in this Section is to be in conformity with and pursuant to Article VII, section IX, paragraph IV, of the State Constitution, and shall be in an amount equal to all money derived from motor fuel taxes received by the State Treasurer in each of the im mediately preceding years, less the amount of refunds, re bate and collection costs authorized by law. The fiscal MONDAY, FEBRUARY 20, 1967 459 officers of the State are hereby directed to, as of July 1 of each fiscal year, determine the net collection of motor fuel tax received by the State Treasurer in the immediate preceding fiscal year and enter the full amount so deter mined on the records of the State as being the appropria tion payable in lieu of the amount appropriated herein. A. General Operations -- For general administrative cost of operating the Highway Department, including equipment and compensation claims. 1967-68 ----_-_---,,__--.,,__-----.---.----$ 7,998,161.00 1968-69 ..........................................................$ 8,466,725.00 B. Authority Rentals. For lease rental obligations of the Highway Department to the Georgia State High way Authority (continuation of the State Bridge Build ing Authority), the State Office Building Authority, and the Georgia Rural Roads Authority, in accordance with lease rental contracts. Notwithstanding any itemization of purposes for which funds are appropriated to the Highway Department by this Section, the sums ne cessary to pay these rentals accrued under these contrats, executed or to be executed, as authorized by law, are hereby appropriated as the first charge on all funds appropriated to the Highway Department. 1967-68 --__-__.__..__--__---_-_--_.----$ 18,450,000.00 1968-69 ---_._-----_--------._--______-$ 18,575,000.00 C. Maintenance and Betterments - Planning and Construction. For State matching participation in costs of construction, reconstruction, improvement in highways and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. Funds appropriated for each fiscal year shall be avail able for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto (provided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law.) Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the State Highway Department may add, delete, and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by exist ing Federal Statute of Federal-State 90-10 projects, the Budget Bureau is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included 460 JOURNAL OF THE HOUSE, in such Interstate Program not to exceed the amount of State Motor Fuel Revenues actually paid into the Treasury and constitutionally appropriated to the State Highway Department. Maintenance and Betterments-- 1967-68 ----------------------------------------$ 34,435,300.00 1968-69 -- . _--------__-_------------_------_----$ 36,682,400.00 Planning and Construction-- 1967-68 ------___.----------------$ 50,799,539.00 1968-69 ....-_-..-......_..----.............,,..,,_.....-....-._..-...__...._--.__$ 53,958,875.00 Provided, that the above appropriation shall be in addition to funds realized by the Highway Department from Administrative Charges as provided in the Bud get Report. D. Grants to Counties - For grants to counties for aid in county road construction and maintenance. 1967-68 ...__._.._...__..._..._-_____.._...__...___------$ 4,817,013.03 1968-69 _...-.-__._---------- ----------- _ _........$ 4,817,013.03 E. For grants to counties for aid in county road construction and maintenance. 1967-68 _--_._.-_-.___.....-_-..._------------------------ $ 4,500,000.00 1968-69 ._------------_-_-_--------------------$ 4,500,000.00 Provided that the appropriations in D above shall be distributed and disbursed by the State Treasurer as pro vided by law. The sum appropriated under E shall be distributed and disbursed to the various counties of the State Treasurer in the same proportional basis to each county as the proportion of each county's total public mileage is to the total public road mileage in the State, as such mileage information is furnished by the State Highway Department. Provided further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Highway Department. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such MONDAY, FEBRUARY 20, 1967 461 audit shall be deducted from funds granted to such county in any future year. F. Capital Outlay - Airport Development. 1967-68 --_._____.,,_----_._.._----------------... $ 1,035,000.00 1968-69 ----------------------------------------- ,, _ $ 405,000.00 OTHER Section 48. Grants to municipalities. For grants to municipalities in accordance with the law authorizing such grants. 1967-68 -__.__-__-.._.____...--------------------$ 9,317,000.00 1968-69 ._.__._--.----..__.,,....._.._.------......__....._._._..$ 9,317,000.00 Provided further, that a member of the governing authority of the municipality, designated by such auth ority, shall execute an affidavit annually that funds re ceived under this Section have been expended in accord ance with the law and the Constitution, and file the same with the State Treasurer. At the request of the Gover nor or the Budget Bureau or the Director of the S^ate Highway Department, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year. Section 49, Grants to Counties and Municipalities. Capital Outlay-- A. Grants to Counties 1967-68 ____.____.__----__...__.--..__.......--.. $ 1,700,000.00 1968-69 ___--------------------------............._._ $ 4,700,000.00 B. Grants to municipalities 1967-68 ..._..____-__..--------------__.._----..... ........ $ 3,700,000.00 1968-69 -------------------__---- $ 10,700,000.00 PART IV MISCELLANEOUS Section 50. Governor's Emergency Fund. There is hereby appropriated as a General Emer gency Fund for meeting expenses deemed emergencies by 462 JOURNAL OF THE HOUSE, the Governor and to be expended by the Governor in his discretion in any emergency that he may determine requiresitatpenditure of any part of the said fund. Expenditurelffrom this fund shall be made in accordance with other provisions of State law and the Constitution. 1967-68 __.---__--_--_--__----_----_---------$ 2,000,000.00 1968-69 ______.--...__________._._._,,_____._,------_-_-_$ 2,000,000.00 Section 51. In addition to these appropriations there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is re quired to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947, (Ga. Laws 1947, p. 1115) by virtue of the said wholesale distributor being engaged in retailing gasoline. Section 52. 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 In stitution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this appropriation act between any Department, Agency or Institution of the State, and any Authority created and activated at the time of the effective date of the afore said constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1967, and for each and every fiscal year thereafter, until all payments re quired 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 Depart ment, 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 appropria tions. The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease con tracts and such appropriations are to be paid from the General Funds of the State as a first "c,harge upon general funds. Section 53. 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 recommendations contained MONDAY, FEBRUARY 20, 1967 463 in the Budget Report and Supplement to the Budget Report submitted to the General Assembly at the regular January, 1967 Session, except as otherwise specified in this Act; provided, however, the director of the budget is authorized to make internal transfers within a budget unit between objects 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 54. In the event it is determined by the Budget Bureau that the total funds in the State Trea sury in a fiscal year in which appropriations are made in the foregoing Sections of this Act are to be less than the amount needed to pay in full the specific appropria tions authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each appropriation hereinbefore made, ex cept authority lease rental funds and other constitution ally obligated funds, as provided by Georgia Code Sec tion 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 econ omize 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 1967-68 ____.,,_._________,,__ __.__.______._$785,152,390.90 Total Appropriation 1968-69 _..____._____ ._____,, ,,____._--___$877,419,686.90 Section 55. All laws and parts of laws in conflict with this Act are hereby repealed. The Speaker resolved the House into a Committee of the Whole, designating Mr. Floyd of the 7th as Chairman thereof, for the purpose of considering HB* 45. The Committee of thS Whole arose and through its Chairman reported HB 45 back to the House w$h~the recommendation that the same Do Pass, by sub stitute, as amended. The following Committee substitute was read: 464 JOURNAL OF THE HOUSE, A BILL TO BE ENTITLED An Act to make and provide appropriations for the fiscal year be ginning July 1, 1967, and ending June 30, 1968, and the fiscal year be ginning July 1, 1968, and ending June 30, 1969; to make and provide such appropriations for the operation of the State Government, its de partments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions, and for all other governmental activities, pro jects and undertaking authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1967, and ending June 30, 1968, and the fiscal year beginning July 1, 1968, and ending June 30, 1969, as prescribed hereinafter for each of such fiscal years, from the General Funds of the State, including unappropriated surplus as of June 30, 1967. PART I LEGISLATIVE BRANCH Section 1. Legislative Branch. For compensation, expenses, mileage allowances, travel and benefits for for members of the General Assembly, and for the of ficials, employees, and committees of the General Assemb ly, and each branch thereof; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, National Conference of Commission ers on Uniform State Laws, National Conference of Legislative Leaders and Marine Fisheries Compact; for equipment, supplies, repairs, printing and other incident al expenses for the legislative branch; for the necessary cost of renovating and repairing the housing and other facilities for the legislative branch; for cost of compil ing, publishing and distributing the Acts and Journals of the General Assembly, and the annual report of the State Auditor to the General Assembly; for election blanks and any other election expense, including publish ing constitutional amendments; for all costs of Georgia Official and Statistical Register as provided by resolu tion; and for cost of Legislative Services Committee and the Office of Legislative Counsel as authorized by law. 1967-68 ---.._-_-_-_-__----,,______________.____$ 2,900,000.00 1968-69 .......-_____-_-_________,,...........-.___.____..__.,,-._-_.__..$ 2,900,000.00 MONDAY, FEBRUARY 20, 1967 PART II JUDICIAL BRANCH Section 2. Supreme Court. For the cost of operat ing the Supreme Court of the State of Georgia, includ ing salaries of justices and the employees of the Court, their retirement contributions and three Emeritus posi tions. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500.00 in each fiscal year shall be allocated for the payment of attorneys' fees and legal expenses for in digent defendants in criminal cases on appeal as pro vided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479. 1967-68 __.______.--..__,,___..-____.__..___.____,,_______,,___________. j 1968-69 465 517,000.00 517,000.00 Section 3. Court of appeals. For the cost of operat ing the State Court of Appeals including salaries and retirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court. Pro vided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year. 1967-68 ...___..._._.........___._.....______...._____.....____.$ 1968-69 _..._....._............___-__._-___.-___-__._____! 634,000.00 634,000.00 Section 4. Superior Courts. For the cost of operat ing the Superior Courts of the State of Georgia, includ ing such contingent expense allowances authorized by law, the payment of mileage as authorized by law, and such other expenses as may be authorized by law. Pro vided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emertus position established during the fiscal year. 1967-68 ...._.-.._.___--.-.__......__.-..._.....--......._______........? 1968-69 1,840,000.00 1,840,000.00 Section 5. For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals. Provided, however, notwithstanding any other provisions of this Act, that any surplus in this appropriation may be transferred by the Budget Bureau to be used in the Book Fund of the State Library. 1967-68 -......._,,....-._.__......_._-....._____-..-..--.-...-_.,,-.._..,,._.! 1968-69 _-__-_---_,,--__--_--_-__.....__..........? 35,000.00 35,000.00 466 JOURNAL OP THE HOUSE, PART III EXECUTIVE BRANCH GENERAL GOVERNMENT Section 6. Commission on Aging. 1967-68 __-__,,.__._...._.._._......_..._........____.._________..$ 1968-69 ..__.._.___________._.______._...-,,_....-.__..-..--__.__--$ 39,000.00 39,000.00 Provided that the allocation to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 Operating Expenses _.___.._.._....______.$ 15,100.00 Grants _._....__.__________._.___..___________$103,000.00 1968-69 $ 15,100.00 $103,000.00 Section 7. Art Commission, Georgia. 1967-68 _--..-____._.__----_--_-_--_-_-----.$ 1968-69 _,,___._----------_----._.._$ 60,053.00 60,053.00 Provided that the allocation to objects in the Bud get Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 Personal Services __-__....___.__.$ 37,053.00 Operating Expenses --..._.__.___..____.._.......$ 35,053.00 1968-69 $ 37,053.00 $ 35,053.00 Provided that $12,053.00 of State funds shall be used to match the same amount of federal funds for the Cultural Pilot Project. Section 8. Audits, Deparment of. 1967-68 ___.__----__-.-____--...._...-_.........$ 1968-69 --._.__.___-___.__..._,,._-,,.__._.--,,__----_-.-_.__.$ 720,000.00 720,000.00 Section 9. Banking, Department of. 1967-68 ______________________...__...._,,_.,,..,,_....,,.._,,._$ 1968-69 _----_._.______._........._.....___..$ 500,000.00 500,000.00 Provided that the allocation to objects in the Bud get Report, as amended by the supplement thereto, shall be changed to read as follows: MONDAY, FEBRUARY 20, 1967 1967-68 Personal Services -__------------.___$353,000.00 Operating Expenses _--------____________.._ $147,000.00 467 1968-69 $353,000.00 $147,000.00 Section 10. Capitol Square Improvement Committee. A. Operating Costs. 1967-68 __----------___.-.-------------------------.$ 1968-69 -----_-------------------------__.$ 275,000.00 150,000.00 B. Capital Outlay--Authority Lease Rentals-Annual Lease payments to State Office Building Authority under existing leases for Judicial, Agricultural, Health and other State Office Buildings and Facilities. 1967-68 ----__--__------------___------------_----$ 3,027,752.87 1968-69 -_---------_--.--------------_$ 3,027,752.87 Section 11. Comptroller General. For the cost of operating the Office of the Comptroller General, Insur ance Commissioner, Fire Inspection Division, Building Safety Council Insurance Rate Division, Industrial Loan Commissioner, and the Liquified Petroleum Safety Act. 1967-68 .__--__----____----------____--------$ 1,270,000.00 1968-69 ---------------------_----------------------..$ 1,270,000.00 Section 12.. Executive Department. A. For the cost of operating the Executive Depart ment, including the cost and maintenance expense for the Executive automobile, and telephones at the Mansion; and for the contingent expenses of the Department, such as rewards, dues to the Governor's Conferences, and special committee expenses. 1967-68 -__--_----.-.------_____._--------_$ 1968-69 -.-----_--------------------------_-____..$ 450,000.00 450,000.00 B. For the allowance payable monthly for the cost of operating the Executive Mansion, including servants' hire, food, other supplies, and laundry. 1967-68 ------------------__---_____----_----_-$ 1968-69 .___.-------------------------_--------___.$ Section 13. Budget Bureau. 1967-68 .______.___________--_-_~--~----$ 1968-69 ---------------------------------__.$ 50,000.00 50,000.00 195,000.00 195,000.00 468 JOURNAL OF THE HOUSE, Provided that the allocation to objects in the Bud get Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 Personal Services _____._,,________..____.____._$150,000.00 Operating Expenses ._,.__._.._____......_._$ 45,000.00 1968-69 $150,000.00 $ 45,000.00 Section 14. Georgia Historical Commission. 1967-68 _.______-.__...__._...._.___....._________.____.$ 1968-69 ............................................................................I 350,000.00 270,000.00 Provided that the allocation to objects in the Bud get Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 Capital Outlay -..-..._,,.._._.-___-____$ 80,000.00 1968-69 $ 80,000.00 Section 15. Industry and Trade, Department of. A. General Operating Costs. 1967-68 _,,______-.,,_-.__-_-._.______-._.__.___.._........____..$ 2,338,000.00 1968-69 _.__....__.____ ..__._.....__.___....___._......___.___.-.-......_._._,,.$ 2,338,000.00 B. Grants to Area Planning and Development Com missions. 1967-68 _._,,__._......_..--._...._-.__.__.__...---...-....-.....I 1968-69 ...______..........___...__.____......_.__._...-____..._.._...__,,-,,....._$ 823,200.00 823,200.00 C. Capital Outlay: (a) Rivers and Harbors Development--to be ex pended under contract with the Rivers and Harbors Development Commission. 1967-68 -.......,,...-..-.._..._..._..-...-..._._.._......,,_-.__.._..........$ 250,000.00 (b) Metropolitan Atlanta Rapid Transit--to be ex pended under contract with the Metropolitan Atlanta Transit Authority. 1967-68 .._._._._._,,........-.-..._.._......._._...-..-.._.-.-__...._..._....$ 1968-69 .___........_-......_-_._....__._....-.._...-.....__.__.-_.--._..$ 250,000.00 250,000.00 D. Capital Outlay--Authority Lease Rentals-Annual Lease payments to Georgia Ports Authority. 1967-68 ..._--.___- .........__...-...._.-....,,._.......__-.._._......_.__.$ 1,967,500.00 1968-69 ..__._........_.. .._..__-_-.._._-....__,,___-..__._......__.$ 1,967,500.00 MONDAY, FEBRUARY 20, 1967 469 Provided that from the above appropriated amounts $462,500.00 in 1967-68 and $462,500.00 in 1968-69 is de signated and committed to pay rentals to said Authority to permit the issuance of bonds to finance new projects. E. Capital Outlay--For the purpose of construct ing a Tourist Welcome Center on Interstate Highway No. 85 near West Point. 1967-68 --__,,__,,____,,__--__.__._______.$ 80,000.00 Provided that the allocation to objects in the Bud get Report, as amended by the supplement thereto, are hereby changed to add the following: Capital Outlay--West -____._,,,,___,,.________________$ Point Tourist Welcome Center 1967-68 80,000.00 Section 16. Labor, Department of. A. For the cost of operating the Commissioner's Of fice and Factory Inspection Division. 1967-68 --__._--_-___--_---____--_-_-.,,______$ 1968-69 _______________________ _ _ ________._.,,_._______$ 346,264.00 346,264.00 B. For that part of cost of operations of Employ ment Security Agency as authorized by Act approved March 8, 1945. 1967-68 --._--.-__.---__.-_______________________.___..__.$ 1968-69 _______________________________________________._._._._______,,___,,___._,,.$ 85,000.00 85,000.00 Section 17. Law, Department of. For the cost of operating the Department of Law, provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any other agency of the State in the Executive Branch of the State Govern ment, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and mainten ance of the respective agency for the purpose for which provision is made in this item, unless the payment is for reimbursement to the Department of Law by the State Highway Department for expenses incurred for legal services by any Assistant Attorney General or Deputy Assistant Attorney General assigned by the At torney General of Georgia to perform specific items of 470 JOURNAL OP THE HOUSE, legal work in connection with the acquisition of rightsof-way on the State road system. 1967-68 _...._.....____...__.__.__.___._.__..._....._$ 1968-69 ._.-.-..-.-.-..._...........,,........._....,,......._..__._.__..._$ 758,000.00 758,000.00 Section 18. Library, State. 1967-68 -_._.._..._...__._.._.._.._____..__.........._....$ 1968-69 _.__.-.-.-.-....._._.._......._............._....__.____.$ 110,000.00 110,000.00 Section 19. Literature Commission, State. 1967-68 -__._.._..______.-_..______..._._.._........._$ 1968-69 ___....-.-.-...-..._._..-.........-.-_............_.__..____$ 20,000.00 20,000.00 Provided that the allocation to objects in the Bud get Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 Personal Services .._._..____..._..__.$ 16,000.00 Operating Expenses ._..___________$ 4,000.00 1968-69 $ 16,000.00 $ 4,000.00 Section 20. Pharmacy Board. For cost of operat ing the office of Chief Drug Inspector. 1967-68 _..__.__._._.._...__.._._._.._._.____.____._.__$ 1968-69 .----._.____._.--_--___________---__.-$ 113,500.00 113,500.00 Section 21. Public Defense, Department of. For the cost of operating the Military Division, aid to military organizations and the cost of operating the Civil Defense Division, and the Office of Emergency Planning. 1967-68 _._.._._..._..__.___--_-...._.____,-_-__.__________$ 1968-69 _--~.__._-___--_,,------..___.._.--._----_--_.-___$ 977,800.00 977,800.00 Section 22. Public Safety, Department of. 1967-68 -----__._..._....-.--___......____-_____.$10,295,200.00 1968-69 --_____________________________-______-_-$10,163,200.00 Provided that the allocation to objects in the Bud get Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 1968-69 Personal Services .._._.._.___.._.___$6,651,618.00 $6,651,618.00 Operating Expenses __._.__.__.__.._____..$3,511,582.00 $3,511,582.00 Capital Outlay --------------------------$ 132,000.00 MONDAY, FEBRUARY 20, 1967 471 Provided, however, that the Director of the Depart ment 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 American As sociation of Motor Vehicle Administrators, and the In ternational Association of Chiefs of Police (State and Provincial Police). Section 23. Public Service Commission. For the cost of operating the Utilities Division and the Motor Car rier Division of the Public Service Commission. 1967-68 --___-__---____.__--------.------3 1968-69 ---- --.__ ....................... ..............A 625,000.00 625,000.00 Section 24. Purchases, Supervisor of. 1967-68 --_-___---___-___----_-__--_~.-3 1968-69 ----,,-.----___-__----------- .------ .---; 402,000.00 402,000.00 Section 25. Recreation Commission. 1967-68 -__----..--__-_.__--------__----.----------------$ 1968-69 ,,___-_---------.----__.____-____--- $ 95,410.00 95,410.00 Provided that the allocation to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 1968-69 Personal Services $57,310.00 $57,310.00 Operating Expenses $38,100.00 $38,100.00 Section 26. Revenue, Department of. A. For cost of operating the Department of Revenue. 1967-68 ..___,,_____----___,,----____----.------__----$ 10,925,000.00 1968-69 --_-.-----.-_----- _._ ____,,$ 10,925,000.00 B. Grants to counties -- Tax reevaluations. For grants to counties in accordance with rules and regula tions set up by the Commissioner of Revenue for assist ing counties in financing tax reevaluation studies. 1967-68 1968-69 200,000.00 150,000.00 C. Loans to counties--Tax reevaluation. There is hereby appropriated for each of the next two fiscal years covered by this Act the amount of such repayments of county tax evaluation loans as may be made by such 472 JOURNAL OF THE HOUSE, counties during each of the next two fiscal years in such amount and for the same purpose as originally appro priated, but not to exceed $400,000.00 in each of the next two fiscal years. Such amount shall be available for tax evaluation loans to counties. Section 27. Science and Technology Commission. 1967-68 --_------------------------------.---------$ 1968-69 __--_- --- ------ .-----.----,-$ 100,000.00 100,000.00 Provided that the allocation to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 1968-69 Personal Services $67,700.00 $67,700.00 Operating1 Expenses $33,300.00 $33,300.00 Section 28. Secretary of State. A. Combined Divisions. For the cost of operating the office of Secretary of State, and all other programs ad ministered through such office. 1967-68 _____-__--.____---_---_-.___-...____-$ 1968-69 -,,.__-.------____-- -- --__.--$ 655,200.00 655,200.00 B. Examining Boards. 1967-68 --.-------- ---- --- -,,_.-_----$ 1968-69 -__-------,,--,,--__._..-._.__-,,-$ 710,000.00 710,000.00 C. Archives and Records. For the cost of operation of archives and history, microfilming and housing re cords, and the State Museum, including lease rental pay ments to the State Office Building Authority for the State Archives Building in the amount of $815,000.00 per annum. 1967-68 _._...--._.___..._.....__.._.-.._...__._.-.__.__-____.....$ 1968-69 -------_---------------..-_-..------$ 1,298,800.00 1,298,800.00 D. Buildings and Grounds. For the cost of operating the State Capitol Building and grounds, the maintenance of Confederate cemeteries, the repairs, furnishings, equip ment, light, power, water, and upkeep of grounds at the Mansion and for insurance on public property not other wise provided for. 1967-68 _---.-_.--- --_--.---_--,,.$ 1968-69 -------------------_----.._----------_----.$ 763,000.00 413,000.00 MONDAY, FEBRUARY 20, 1967 E. Special Repairs--Capitol Building, Mansion, and Legislative Chambers, Rooms, Offices and Facilities. 1967-68 ._..-..........._.....-..-...__...__..........___._...._._..___.-___.$ 1968-69 ..,,..........,,_...._.......__-____.._.._.,,..._...___........_._.$ 473 100,000.00 100,000.00 Provided that the allocation to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 1968-69 Operating Expenses $1,257,376.00 $1,257,376.00 Provided further that of the above amount $3,600.00 in Operating Expenses shall be used to purchase and ship Georgia State Flags to servicemen serving overseas. Such shipments shall be made upon the request of the company commanders. Section 29. State Properties Control Commission. For the cost of operating State Properties Control Com mission. 1967-68 ,,___ _.___._________.-- _.-_..___,,.._-_,,___-____$ 1968-69 _________._-__,,_-__.__._______.__$ 50,000.00 50,000.00 Section 30. Treasury, State. For operation of State Treasury including Bond Commissioner. 1967-68 __.-..,,.-.___.______,,..-..____..._..__..__-.._.._.. $ 1968-69 ....-._...._-.._._.......--._.__...___-._.-........___..-,,__...-._-..$ 127,500.00 127,500.00 Section 31. Veterans Service. A. For the cost of operating the Department of Veterans Service. 1967-68 _______________________________ ---_----__,,--$ 1,006,000.00 1968-69 _-___-_,___.--___--____--_-,,-,,-$ 1,006,000.00 B. For the cost of operating the Veterans Service Board, War Veterans Home, and Veterans Nursing Home. 1967-68 .-....._.-....__.-..._--___.__,,-.-..__.-......__..__.,,.._._-______$ 1,380,000.00 1968-69 __.........-........__.....-..-..._.__..,,_.__.-.-......-___.._..,-.-$ 510,000.00 Provided that of the amount appropriated for 196768, the amount of $870,000.00 shall be for capital outlay for the purpose of constructing the veterans wing at the Georgia War Veterans Home in Milledgeville. 474 JOURNAL OF THE HOUSE, C. For the cost of pensions to Confederate Widows. 1967-68 ._..._.____._.-.,,_.__________________________.__________$ 1968-69 ..._...._.__._.......__._._,,__........._..._._.._.....$ 81,000.00 72,190.00 Section 32. Workmen's Compensation, State Board of. For the cost of operating the State Board of Work men's Compensation. 1967-68 ............................................................ ^, 1968-69 .................................... .....,..^..........$ 591,000.00 591,000.00 AGRICULTURE AND CONSERVATION Section 33. Agriculture, Department of. A. For the operation of all activities of the Depart ment including the operation of Farmers' Markets. 1967-68 _._.____--._.__.,,,,_______-.__$ 7,440,900.00 1968-69 .._.___-....._.___._.__...__....____.___...___.._.__$ 7,240,900.00 B. Capital Outlay--Authority Lease Rentals-Annual Lease payments to Georgia Farmers' Market Authority. 1967-68 -_..__.__._---__...__...______--_.___.$ 1968-69 _.____--__..__......._.___...........,,.._,,...._.,,...$ 855,000.00 855,000.00 Provided that the allocation to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 1968-69 Authority Lease Rentals $855,000.00 $855,000.00 Provided that from the above amounts, $105,000.00 is designated and committed to pay rentals to said Author ity to permit the issuance of bonds to finance new pro jects. Section 34. Conservation. A. Department of Forestry. 1967-68 _-._-.._.- ---- ---.-_--..---_$ 4,570,757.00 1968-69 ...._.____---,,__-...-.--_._.....-.----__--.$ 4,560,757.00 Provided that included in the above appropriations, the sum of $489,757.00 for the fiscal year 1967-68 shall be used for the purpose of implementing HB 39 of the regular 1967 session relative to forest fire protection. MONDAY, FEBRUARY 20, 1967 475 B. Forest Research Council. 1967-68 .________.._-..,,--._____--___-_-_,,-_--.._...--...-$ 1968-69 ._--_.____. __-__--___._-_-________.___._....-..._...$ 374,000.00 374,000.00 C. Game and Fish Commission. 1967-68 ....-__...-..._....-.._..-._._,,.._-.,,._.._..,,.-.-_.....___...,,...$ 3,032,356.00 1968-69 ...__...-__.--,,.,,--___,,,,_._._._...._.$ 2,717,356.00 Provided that the allocation to objects in the Budget Report, as amended by the supplement thereto, shall he changed to read as follows: 1967-68 1968-69 Personal Services $1,861,056.00 $1,861,056.00 Operating Expenses $1,629,300.00 $1,629,300.00 D. Jekyll Island Committee. 1967-68 _,,----.,,___...,,____--..-__--._-_.-..---.....--..__.-$ 1968-69 __,,-_.--..__.-..-._.__......._....._.,,-..-._....._.$ 430,000.00 430,000.00 Provided that the allocation to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows: Operating Expenses 1967-68 $430,000.00 1968-69 $430,000.00 E. Mineral Leasing Commission. 1967-68 ,,--.-...__..-_..__,,--_--_-__---.._---._..-------$ 1968-69 _.-_...._.,,.--_-__-_,,.._-_----_..-.--^_.--.--.$ 5,000.00 5,000.00 F. Department of Mines, Mining and Geology Includ ing Oil and Gas Commission. (a) Regular Operation. 1967-68 ,,__._--_.---._-_--_--_---_---------_$ 1968-69 ,,-._..--.,,-.--._....._-,,-.--.--.__,,--.----_------.----.$ 300,000.00 300,000.00 (b) South Georgia Minerals Exploration and Re search. 1967-68 __--_----_--_--.-.---___-_-.-__,,--_---$ 1968-69 ---_----_-_-____-__--_.,,---.___._._.__--_.$ 188,500.00 188,500.00 476 JOURNAL OF THE HOUSE, G. Department of Parks. (a) For general operation and development of State Parks. 1967-68 -..-.....-.___-__._..__.._____-..._-__-..._._.___-...___..-...-.___..$ 1,288,000.00 1968-69 ._..__-__.._...___.__-._...__...____.._....__._...,,__.._...__._.___.._.$ 1,038,000.00 Provided that the allocation to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 1968-69 Personal Services $1,003,772.00 $1,003,772.00 Operating- Expenses $ 684,228.00 $ 684,228.00 Provided, however, that $20,000.00 of the above amount shall be allocated for expenses of the State Council for Preservation of Natural Areas. (b) Capital Outlay--Authority Lease Rentals-- An nual Lease Payments to Jekyll Island State Park Au thority. 1967-68 _-----_ _ -----..._____.__._________ $ 1968-69 _.._..___._....___________________-____-___.__...__.$ 986,000.00 986,000.00 Provided that from the above appropriated amounts, $500,000.00 in 1967-68 and $500,000.00 in 1968-69 is desig nated and committed to pay rentals to said Authority to permit the issuance of bonds to finance new projects. (c) Capital Outlay--Authority Lease Rentals--An nual Lease Payments to Stone Mountain Memorial As sociation. 1967-68 ...____..___..__.-____._-_-.___.,__.....____________...____.__.-____.__.... : 1968-69 ---_-----_______________________________ 950,000.00 950,000.00 Provided that from the above appropriated amounts, $250,000.00 in 1967-68 and $250,000.00 in 1968-69 is designated and committed to pay rentals to said Au thority to permit the issuance of bonds to finance new projects. (d) Lake Lanier Islands Development Authority--to be expended under contract with the Lake Lanier Islands Development Authority for professional and personnel services and administrative expenses of said Authority and for capital outlay. 1967-68 _...._____________.____-.___._..._____-..__.._..-_-________..._.__-......$ 145,000.00 MONDAY, FEBRUARY 20, 1967 477 H. Soil and Water Conservation Committee. For the cost of operating the State Soil and Water Conservation Committee. 1967-68 __._-___-,,.-._.._._.--.....-_-__..._--.-._-._-..-_--.-....$ 1968-69 _____---.--__-._.._.---._.-...-__.__.._...___,,_$ 400,000.00 400,000.00 I. Stone Mountain Memorial Committee. For operating costs including costs of improvements by convict labor. 1967-68 -____--,,_-..__.._-___-..,,-_.__-_.--....-_-.-_.....-...$ 1968-69 -___-____-__.._--.._____-____.__,,_$ 350,000.00 350,000.00 CORRECTIONS Section 35. Corrections, State Board of. A. For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System. 1967-68 ---__._._-,,.._..___,,-.-,,__-__,,_____..$ 8,167,400.00 1968-69 _-_--_--___,,-_------__,,_.--__,,,,$ 7,617,400.00 Provided, that no funds appropriated in this Section or otherwise available, shall be used to pay a salary in excess of the Director's salary, except salaries for physicians. Provided that the allocation to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows: Capital Outlay 1967-68 $550,000.00 1968-69 $550,000.00 B. Capital Outlay--Authority Lease Rentals-Annual Lease payments to State Penal and Rehabilitation Au thority. 1967-68 ................................. ......^ 1,400,000.00 1968-69 .--,,__---.--_._______.______.__$ 1,400,000.00 Provided that from the above appropriated amounts $1,000,000.00 in 1967-68 and $1,000,000.00 in 1968-69 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to finance new projects. Section 36. Pardons and Paroles, State Board of. 1967-68 ._.......___.--_-_--.---.___..--._...._-_.-__..-.._.-.._______$ 1968-69 ___-.._....._..______._-.._...-..,,....__...._.....,,___._._......$ 918,000.00 918,000.00 478 JOURNAL OF THE HOUSE, Section 37. Probation, State Board of. For the cost of operating the statewide Probation System, administered by the State Board of Probation. 1967-68 _._--...-..._..,,_.-_..-_,,............_._.._._-.-.._.-........_._...$ 1,207,000.00 1968-69 __-_...,,.--..__--_..-_..,,.-__........_-___._...-.._._.-__$ 1,207,000.00 EDUCATION Section 38. State Board of Education--Department of Education. A. For matching vocational rehabilitation funds in cooperation with the Federal Government; for operation of vocational trade schools; for operation of public and rural library programs; for operation of School for the Deaf and Academy for the Blind; for grants for aid to the public common schools, under provisions of law; for the Blind; for grants for aid to the public common schools, under provisions of law; for free textbooks for children attending public common schools; for the salaries of county school superintendents; for the operating costs of the Department; for educational grants, including the grants to teachers for scholarships, as provided by law; and for any other expense authorized by law, payable from the common school funds. 1967-68 __.----_.________________-.._.-^-.-_-___.--^-.$298,218,000.00 1968-69 ...__........_.._--_.___-_-..___--__---_$296,718,000.00 > Provided that the allocation to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 Maintenance, Operation and Sick Leave $27,074,554.00 Provided that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital outlay funds beyond the present biennium, unless such program or project has been specifically authorized by the General Assembly. Provided, however, that in those new program areas where federal funds are accepted by the State Board of Education under Code Section 32-413, the Budget Bureau shall reduce the appropriation for any item or part thereof which can be financed with federal funds in lieu of State funds under the terms of the federal act, except for funds necessary to match such federal grants. Nothing in this Section shall be interpreted in such a way as to reduce eligibility of the State for federal funds or to authorize reduction of the State appropriation for MONDAY, FEBRUARY 20, 1967 479 programs for which commitments have already been made to local systems. Funds appropriated for Section 12 of MFPE Act No. 523 shall be paid for salaries of certificated professional personnel serving as principals, instructional super visors, visiting teachers, librarians, guidance counselors, and other certificated professional personnel. Funds in the amounts of $1,300,000.00 in 1967-68 are appropriated for the purpose of teaching manners, nutri tion, health and hygiene in the public schools during the lunchroom hour, using any foods and edible materials during the course of instruction. Funds in the amounts of $351,200.00 in 1967-68 are appropriated to supplement the school lunch managers who will participate in the above program. Provided, however, that any funds unexpended under Sections 11, 12, and 20 of the Minimum Foundation Pro gram of Education Act on June 1 before the last day of each fiscal year shall be transferred to Maintenance, Operation and Sick Leave Grants (Section 13, Minimum Foundation Program of Education Act) for distribution to the systems in an amount not to exceed $1,050.00 in total per Section 11 and 20 teachers for each fiscal year. B. Capital Outlay--Authority Lease Rentals. 1967-68 __.._.....-_._.._-_-___.....-_..._...._------------$ 27,801,000.00 1968-69 -_......-.....-__...--..__...____._.....-..__._.$ 27,801,000.00 For Capital Outlay purposes including Lease Rentals obligations of the State Board of Education, Department of Education to State School Building Authority in ac cordance with Lease Rental Contracts; provided that from the above appropriated amounts $2,000,000.00 in 1967-68 and $2,000,000.00 in 1968-69 is designated and committed for additional Capital Outlay purposes, includ ing Lease Rentals to said Authority to permit the is suance of bonds to finance new projects. Section 39. Educational Improvement Council. 1967-68 --_.....__.._-__-_.._.__.._--___._._..._.$ 1968-69 __....__.___.._--.____....___-__-$ 99,694.00 99,694.00 Section 40. Higher Education Assistance Committee. 1967-68 .._...__._____..._..__.__-_.-__._.--$ 1968-69 _.__.__-_______,--_._________,--$ 450,000.00 450,000.00 480 JOURNAL OF THE HOUSE, Provided that the allocation to objects in the Budget Report shall not apply and the Budget Bureau shall ap prove all expenditures by objects as provided by law. Section 41. Medical Education Board. For cost of operation of the State Medical Education Board, including the payment of medical scholarships as authorized by provisions of the Georgia State Con stitution. 1967-68 _-____-------_______________.___._____________.$ 1968-69 ----__________________________________________.___._______,,__.$ 177,500.00 177,500.00 Provided that the allocation to objects in the Budget Report shall not apply and the Budget Bureau shall approve all expenditures by objects as provided by law. Section 42. State Board of Regents. A. The general cost of operation of the board; for aid to the University System; for annual payment of $8,000.00 to the University of Georgia for old stock items; for scholarships authorized by law $200,000.00; for the support of research and for the cost of use and/or ac quiring additions to plant and equipment for the Univer sity System. 1967-68 ____________________-__--___-_ ________$ 96,727,000.00 1968-69 _______________________.________._.___,,-_.______.$ 93,227,000.00 Provided that the above appropriations shall be in addition to the funds realized by the respective units in each fiscal year from the Federal Government, donations, gifts, earnings from fees, rents, sales and any other source of income, and provided that from the above ap propriations the amount of $14,956,000.00 in 1967-68 and $14,956,000.00 in 1968-69 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided that from said appropria tion for lease rental the amount of $2,000,000.00 in 196768 and $2,000,000.00 in 1968-69 is designated and commit ted to pay rentals to the University System Building Authority to permit the issuance of new bonds to finance new projects. Provided none of the funds herein pro vided as capital outlay authority lease rental shall be available for the purchase of any books whatsoever. Pro vided that the State Board of Regents shall, within the first 30 days of each fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in each fiscal year to pay the annual lease contract com mitments for the acquisition of property as provided for in the provision of the State Constitution, and shall, second, apportion the remaining funds available to the MONDAY, FEBRUARY 20, 1967 481 various units to cover cost incident to the operation and development of the University System. The State Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing. Provided that, in addition to the funds herein pro vided, reserve funds of the Regents shall be applied so as to provide not less than $10,000,000.00 for "improved quality" purposes. No part of this appropriation, nor any funds real ized by the State Board of Regents of the University Sys tem, or any school or college from the Federal Govern ment, or from donations, gifts, earnings, fees, rents, sales or other sources of income shall be available for use or expenditure until made available by a written order of the State Budget Authorities. Provided that funds from donations, gifts, earnings, fees, and any other source of income shall be available to support further lease rental agreements for dormitories and other school build ings, with the approval of the Budget Bureau. Such further contracts may be entered into not to exceed $750,000.00 per annum. B. Eugene Talmadge Memorial Hospital -- State Board of Regents. 1967-68 ._._-.-.-.-_.-__..__...__....-__.__...._..._.._.....$ 5,282,000.00 1968-69 ____________________________.._..._....._._..$ 5,282,000.00 Section 43. State Scholarship Commission. 1967-68 _________,, __^ __________,,.__.._.............__.....$ 1968-69 _.__-_-.----._-,,-_----_--,,_.......___..$ 824,660.00 824,660.00 Section 44. Teachers' Retirement System. For the State's contribution to the Teachers' Re tirement Fund, including the cost of administration. 1967-68 ___-___._.._____--___._..._.__._.__.._._._.....___$ 28,152,686.00 1968-69 ---_-_.___---_-__._.....__$ 28,152,686.00 HEALTH AND WELFARE Section 45. Public Welfare, Department of Family and Children Services. A. For the Cost of Operation of the State Welfare Programs. 1967-68 ....-___-_.__.....____._...__...__._-___---.-..---_-_____$ 2,744,000.00 1968-69 _....-.....-_._...-_-.-__.-_--_-.--.__.-_-.-----.__-_....$ 2,744,000.00 482 JOURNAL OF THE HOUSE, B. Benefits. For benefits to the aged, the blind, the permanently and totally disabled, and dependent children; and for children and youth care as authorized by law. 1967-68 -__,,._________._________.__..._..._...._-____.._..._.___.$ 30,695,000.00 1968-69 _________-,__,,..,,_________.____-____-__.$ 30,695,000.00 C. Grants to Counties for Administration and Serv ices. For the cost of participating with the Federal Gov ernment and counties in the administration of local wel fare programs. 1967-68 _____,,,,_______._______..____$ 5,731,000.00 1968-69 _.-_____________._..__________________-___.______$ 5,731,000.00 Provided that medical care programs of physicians' services, X-ray and medical laboratory services, and so cial services in the adult programs shall be initiated only upon Federal approval of a State plan administered un der Title XIX of the Federal Social Security Act. D. Capital Outlay--Authority Lease Rentals. For lease with State Office Building Authority to issue bonds to construct new State Office Building for the Department. 1967-68 1968-69 320,000.00 320,000.00 Provided that the allocation to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 1968-69 Authority Lease Rental $320,000.00 $320,000.00 E. Institutions. For the cost of operation of the institutions under the administration of the Department of Family and Children Services, including construction costs of a new institution for girls, and grants to countyowned detention centers. 1967-68 _______--__________~______________.__$ 6,645,000.00 1968-69 _________________________________.________$ 4,533,000.00 Provided that the allocation to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 Operating Expenses $3,366,200.00 MONDAY, FEBRUARY 20, 1967 483 Section 46. Public Health, Department of. A. Regular Operations. For the cost of operating the Department of Public Health, grants to counties for public health programs, services for crippled children, and the mental health program, including the purchase of services of private hospitals. 1967-68 _.._..-....,,--....--....-__...__..__...--___-____-_.__...__.$ 12,062,000.00 1968-69 -___.__-.___._____._____-_-_.,,_____._$ 12,062,000.00 B. Alcoholic Rehabilitation Service. For the cost of conducting the Alcoholic Rehabilitation Program. 1967-68 .... .________ -_____._____.__.___..._-__._._,,...._..._..-$ 1968-69 ._-...,,,,.-_.....-...--..-__---___-_--_____--$ 514,500.00 514,500.00 C. Atlanta Regional Hospital. For the cost of de veloping and operating the Atlanta Regional Hospital, including pre-admission and post-discharge services. 1967-68 ---_------_----_--__-_-_------$ 1968-69 ... _--_.._.__,,-__-_-. --_.__.._.._.._----.$ 50,000.00 50,000.00 D. Augusta Regional Hospital. For the cost of de veloping and operating the Augusta Regional Hospital, including pre-admission and post-discharge services. 1967-68 __.__....__.._......__.__.__-_-_---_._$ 1968-69 ._.__.___.,,__.-_.__.____._..,,...._..,,._...$ 50,000.00 50,000.00 E. Authority Lease Rentals. For annual cost of acquiring Eugene Talmadge Memorial Hospital. 1967-68 -.-- -- _.._.__.._..__......._....-__..._......$ 300,000.00 F. Capital Outlay--Authority Lease Rentals--An nual Lease payments to State Hospital Authority. 1967-68 ..______.__.____.____..____..___._..._-_..__...__........$ 3,632,000.00 1968-69 _....._.__-....--....-__.-__.._._-_._...._....._.._......$ 3,632,000.00 Provided that from the above appropriated amounts $622,000.00 in 1967-68 and $622,000.00 in 1968-69 is designated and committed to pay rentals to said Au thority to permit the issuance of bonds to finance new projects. G. Battey State Hospital. For the cost of operating the Battey State Hospital, including pre-admission and post-discharge services. 1967-68 .___..-..-.....___-.._......_._..-..___.._._________.._._...___._$ 3,200,000.00 1968-69 ____.--__---__._-,,___._.___.__...._.... $ 3,200,000.00 484 JOURNAL OF THE HOUSE, H. Georgia Mental Health Institute. For the cost of operating the Georgia Mental Health Institute, including pre-admission and post-discharge services. 1967-68 _-_-__--.____- ..... --- .-_-.$ 3,500,000.00 1968-69 ------_-_--._-._.-..--.-------$ 3,500,000.00 I. Georgia Retardation Center. For the cost of de veloping and operating the Georgia Retardation Center, including pre-admission and post-discharge services. 1967-68 -...-....,,....-...._--_...._._._------------.--$ 1968-69 __._____.___.______--,,__.____.._._._$ 250,000.00 250,000.00 J. Gracewood State School and Hospital. For the cost of operating the Gracewood State School and Hos pital, including pre-admission and post-discharge services, and for capital outlay, including the purchase of equip ment. 1967-68 ..._.._.._....__......-_.........._.__..._..--....._-_.--.....-..$ 6,790,000.00 1968-69 _.-..-._._.____.______-.....---__,,._____-__________-$ 6,730,000.00 K. Medical Facilities Construction. For aid to local government subdivisions in establishing, constructing and equipping hospital facilities to be administered and ex pended in the same manner as other public health funds, and in accordance with the provisions of the Hill-Burton Act, as amended, and the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 of the United States Congress, and the rules and regulations of the State Board of Health. 1967-68 --_---------_-------.---$ 1968-69 .-..__._.....__._____,,..-...._._._-....__..-..-__.____._..__.__..__.$ 2,000,000.00 2,000,000.00 L. Milledgeville State Hospital. For the cost of oper ating the Milledgeville State Hospital, including pre admission and post-discharge services; and for capital outlay, including the purchase of equipment. 1967-68 ...__________..._._.___.___-...--_.-._.._._______.__$ 26,378,000.00 1968-69 ---_--_,,----,,-__________.._,,_.$ 24,495,500.00 M. Southwestern State Hospital. For the cost of operating the Southwestern State Hospital, including pre-admission and post-discharge services; and for cap ital outlay, including the purchase of equipment. 1967-68 ________....____._.______.____.___.._...__...._._.._..._______.$ 2,900,000.00 1968-69 ....__.___..--.._.___._._-^._J-....___.._.--____....--......$ 2,900,000.00 MONDAY, FEBRUARY 20, 1967 N. Water Quality Control Division. For the cost of conducting the programs of the State Water Quality Control Board. 1967-68 _-_.____-._.-__.._._.-.._____.____.,,..-__.-._...__-_.__....-$ 1968-69 ..._._.___-__-,,,-..,--.,-__._.._....____--$ 485 227,000.00 227,000.00 Provided that the allocation to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 Personal Services $37,706,331.00 Authority Lease Rental $ 3,932,000.00 Provided that of the above amount, $100,000.00 from Operating Expenses will be used for Day Care Centers for the mentally retarded. HIGHWAYS Section 47. Highway Department. Appropriation of all funds in this Section is to be in conformity with and pursuant to Article VII, Section IX, Paragraph IV, of the State Constitution, and shall be in an amount equal to all money derived from motor fuel taxes received by the State Treasurer in each of the immediately preceding years, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed to, as to July 1 of each fiscal year, determine the net collection of motor ful tax received by the State Treasurer in the immediate preceding fiscal year and enter the full amount so deter mined on the records of the State as being the appropria tion payable in lieu of the amount appropriated herein. A. General Operations--For general administrative cost of operating the Highway Department, including equipment and compensation claims. 1967-68 .......................... .^^^^^^ 7,998,161.00 1968-69 ...._-_-,-____._.,,_---.--,,_$ 7,998,161.00 B. Capital Outlay--Authority Lease Rentals. 1967-68 _______________.___._,,.-__._,,_,,__..__$ 19,900,000.00 1968-69 ..._.._-----._---____-__....__....._.._.._.__..___...$ 19,900,000.00 For Lease Rental obligations of the Highway De partment to Georgia State Highway Authority, the Geor gia Rural Roads Authority and the State Office Building 486 JOURNAL OP THE HOUSE, Authority in accordance with Lease Rental contracts now in existence or hereafter entered into in connection with new projects approved by the Highway Department. Provided that in the event that Lease Rental obliga tions shall be less than the amount herein appropriated, such excess amount may be used and is herein specifically appropriated for new authority lease rentals to permit the issuance of bonds to finance new projects. C. Maintenance and Betterments -- Planning and Construction. For State matching participation in costs of construction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. Funds appropriated for each fiscal year shall be avail able for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident there to (provided all expenditures for county contracts shall be in accordance with and on the basis or average prices as authorized by law). Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the State Highway Department may add, delete, and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Bud get Bureau is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and constitutionally appropriated to the State Highway Department. Maintenance and Betterments -- 1967-68 ,,_ --__---_----.____,,.-,,.-.__-$ 34,435,300.00 1968-69 __-_--.- ----------- __._.$ 34,435,300.00 Planning and Construction -- 1967-68 .__.____-_..__.__----------------------------------$ 49,349,539.00 1968-69 ..._.-..__--_--------.....__.--.....__..-______^..$ 49,349,539.00 Provided that the above appropriation shall be in addition to funds realized by the Highway Department from Administrative Charges as provided in the Budget Report. MONDAY, FEBRUARY 20, 1967 487 D. Grants to Counties--For grants to counties for aid in county road construction and maintenance. 1967-68 ...._______--________-,,.__.--$ 4,817,013.03 1968-69 _____._,,--________.___-___$ 4,817,013.03 E. For grants to counties for aid in county road construction and maintenance. 1967-68 __.._.,,_____...._...-.......__......_-___.._......_,,____......___.___.$ 4,500,000.00 1968-69 .._....__..__..-__....-._...__.,,..______.._..___.____..._--...___.$ 4,500,000.00 Provided that the appropriations in D above shall be distributed and disbursed by the State Treasurer as provided by law. The sum appropriated under E shall be distributed and disbursed to the various counties of the State by the State Treasurer in the same propor tional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the State Highway Department. Provided further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Highway Department. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be de ducted from funds granted to such county in any future year. F. Capital Outlay--Airport Development. 1967-68 _________,,______.....___._......______.___.$ 1968-69 ,,._ ._ ____.,,__,,-.____ 875,000.00 -- Provided that the above amount shall be expended as follows: (a) NAME OF AIRPORT ALBANY City of Albany and County of Dougherty Municipal COLUMBUS County of Muscogee County STATE FUNDS $150,000.00 $150,000.00 488 JOURNAL OF THE HOUSE, CORNELIA County of Habersham Habersham County FULTON COUNTY County of Fulton MACON City of Macon Municipal VALDOSTA City of Valdosta Municipal $ 25,000.00 $150,000.00 $150,000.00 $150,000.00 (b) OTHER PROJECTS $100,000.00 Provided that said $100,000.00 State appropriation may only be expended on non-carrier airports being built with the approval of the Federal Aeronautics Admini stration, with 50% Federal participation and 50% par ticipation by State and local funds, with the local funds being at least equal to State funds, and with State funds never exceeding $25,000.00 for any one airport. Notwithstanding any other provision in this para graph, the State funds allocated under this paragraph may be expended up to $25,000.00 for any one project when local funds are contributed in at least an equal amount for the purpose of building and completing any airport without any federal participation, but shall not have precedence over any project approved by the Federal Aeronautics Administration. (c) If any of the projects listed in subparagraph (a) herein are not carried out because of non-participa tion by local or Federal government, the State funds for such project shall be transferred to the appropriation made in subparagraph (b) hereof. G. Administrative Fees - Administration Truck Weight Program. 1967-68 _-__._.___...._.._.___,,_.....-....--..................I 1968-69 ---_.____-__...._,,_,,_.__-----_----__--_______$ 250,000.00 250,000.00 H. Capital Outlay - Appalachian Program. 1967-68 ._...__._..._.__.______------._--___________.____.$ 8,000,000.00 1968-69 _......._._.._....__________._.__...__...,,.._..$ 8,000,000.00 Provided that the above amounts shall be used to match Federal funds for the Appalachian Highway Pro gram. MONDAY, FEBRUARY 20, 1967 489 OTHER Section 48. Grants to Municipalities. For grants to municipalities in accordance with the law authorizing such grants. 1967-68 _------------------------------.------__$ 1968-69 _--------_---------------------------------$ 9,317,00000 9,317,00000 Provided further, that a member of the governing authority of the municipality, designated by such auth ority, shall execute an affidavit annually that funds re ceived under this Section have been expended in accord ance 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 High way Department, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year. Section 49. Grants to Counties and Municipalities. Capital Outlay A. Grants to Counties 1967-68 .--------------.-------------------I 1968-69 ----__------------_____._.-___-_------------$ 3,200,000.00 3,200,000.00 B. Grants to Municipalities 1967-68 .___--__--------------------_------....... $ 1968-69 .----------------------___----.__---------$ 3,700,000.00 3,700,000.00 Provided that none of the funds appropriated under this Section shall be distributed until legislation has been enacted providing for the method of distribution thereof. PART IV MISCELLANEOUS Section 50. Governor's Emergency Fund. There is hereby appropriated as a General Emer gency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor in his discretion in any emergency that he may determine re quires expenditure of any part of the said fund. Ex penditures from this fund shall be made in accordance with other provisions of State law and the Constitution. 1967-68 _______-_-__-____._...._.------------$ 2,000,000.00 1968-69 2,000,000.00 490 JOURNAL OF THE HOUSE, Section 51. In addition to these appropriations there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies col lected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund cover ing shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947, (Ga. Laws 1947, p. 1115), by virtue of the said Whole sale distributor being engaged in retailing gasoline. Section 52. 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 In stitution of the State sums sufficient to satisfy the pay ments required to be made in each year, under lease con tracts now in existence or as provided for in this appropri ation act between any Department, Agency or Institu tion of the State, and any Authority created and activat ed at the time of the effective date of the aforesaid con stitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1967, and for each and every fiscal year thereafter, until all payments re quired under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of the Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the Depart ment, Agency, or Institution involved, an amount suffici ent to satisty such deficiency in full and the lease payment constitutes a first charge on all such appropriations. The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations, of the State incurred under valid lease con tracts and such appropriations are to be paid from the General Funds of the State as a first charge upon General Funds. Where the appropriations in this Act are the same for each of the two fiscal years of the biennium, the alloca tions to objects in the Budget Report, as amended by the supplement thereto, are hereby changed so that such allocations shall be the same for each of the two fiscal years. Where the appropriation is less for the second fiscal year of the biennium due to a reduction in Capital Out lay, the allocation to objects in the Budget Report, as amended by the supplement thereto, shall be reduced in the second year by the amount of the Capital Outlay expenditure. MONDAY, FEBRUARY 20, 1967 491 Section 53. 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 recommendations contained in the Bud get Report and Supplement to the Budget Report sub mitted to the General Assembly at the regular January, 1967 Session, except as otherwise specified in this Act. Subject to the conditions stated hereinafter, the Director of the Budget, however, is hereby authorized to make internal transfers within a budget unit between objects and between programs and activities. Prior to any such transfer, the State Budget Officer shall submit, in writ ing, the proposed transfer, together with an explanation of the reason therefor, to a Committee composed of the Lieutenant-Governor, Chairman of the Appropriations Committee of the Senate, Speaker of the House of Re presentatives, Chairman of the Appropriations Committee of the House of Representatives, and two members of the House of Reprentatives designated by the Governor, and two members of the Senate of the State of Georgia designated by the Governor. No such transfer shall be come effective without the written approval of at least five of the above designated committee members. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures of any department, bureau, board, commission, institution, or other agency of the State show transfer made in violation of this Section. In those cases in which the aforesaid Budget Report and supplement thereto contain no recom mendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the legislative and judicial branches of the government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget contain ing any such allocation until such shall be submitted and approved in the same manner and under the same con ditions provided hereinbefore for transfers. No funds shall be transferred or allocated for use in initiating or commencing any new program or activity not currently having an appropriation or which would require operat ing funds or capital outlay funds beyond the level provid ed for in the appropriation for the current biennium. Section 54. In the event it is determined by the Bud get Bureau that the total funds in the State Treasury in a fiscal year in which appropriations are made in the foregoing Sections of this Act are to be less than amount needed to pay in full the specific appropriations auth orized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each appropriation hereinbefore made, except authority lease rental funds and other constitutionally 492 JOURNAL OF THE HOUSE, obligated funds, as provided by Georgia Code Section 40418 (Ga. Laws 1962, p. 17). The amounts of the appropriations so reduced as directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided further, the Budget Bureau is hereby directed to econo mize wherever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget al lotments 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 1967-68 _.-_____-____--_~________-_-___.$797,458,145.90 Total Appropriation 1968-69 ,,.____--~~~-~--..______.._.$783,812,836.90 Section 55. All laws and parts of laws in conflict with this Act are hereby repealed. The following Committee amendments were read and adopted: The Committee of the Whole moves to amend Com mittee Substitute to H. B. No. 45 by striking Section 7 in its entirety and inserting in lieu thereof a new Sec tion 7 to read as follows: "Section 7. Art Commission, Georgia. 1967-68 ,,_____--,,,,___._________.,,_._ 1968-69----.-----..---___-__-_--_-. 48,400.00 48,400.00 The Committee of the Whole moves to amend Com mittee Substitute to H. B. No. 45 by striking Section 13 in its entirely and inserting in lieu thereof a new Section 13 to read as follows: "Section 13. Budget Bureau. 1967-68 _____ 1968-69 _ . 245,000.00 245,000.00 Provided that the allocation to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 1968-69 Personal Services $189,400.00 $189,400.00 Operating Expenses 55,600.00 55,600.00 MONDAY, FEBRUARY 20, 1967 493 The Committee of the whole moves to amend the Com mittee subtitute to HB 45 as follows: By striking from Section 14 the following: 1968-69 $80,000.00 The Committee of the Whole moves to amend Com mittee Substitute to H. B. No. 45 by striking Section 15A in its entirety and inserting in lieu thereof a new Section 15A to read as follows: A. General Operating Costs. 1967-68 _.__________-----...__-.._.-_...-........-....-.-..$ 2,211,600.00 1968-69 ___,,___,,___________._,,-._.__,,,,.---$ 2,211,600.00 And by adding at the end of Section 15 the following: Provided that the allocation to objects in the Bud get Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 1968-69 Personal Services $1,004,800.00 $1,004,800.00 Operating Expenses 756,800.00 756,800.00 The Committee of the Whole moves to amend Com mittee Substitute to H. B. No. 45 by striking Section 15E in its entirety and the language following Section 15E in its entirety. The Committee of the Whole moves to amend Com mittee Substitute to H. B. No. 45 by striking Section 16A in its entirety and inserting in lieu thereof a new Sec tion 16A to read as follows: A. For the cost of operating the Commissioner's Office and Factory Inspection Division. 1967-68 --._._,,___,,_-__.____ .....__. $ 1968-69 ,,.-______-----.__,,. ..____._.$ 280,000.00 280,000.00 And by adding at the end of Section 16 the following: "Provided that the allocation to objects in the Bud get Report, as amended by the supplement thereto, shall be changed to read as follows: 494 JOURNAL OF THE HOUSE, Personal Services Operating Expenses 1967-68 $210,000.00 $ 70,000.00 1968-69 $210,000.00 $ 70,000.00 The Committee of the Whole moves to amend Com mittee Substitute to H. B. No. 45 by striking from Sec tion 22 the figure "$10,295,200.00" and inserting in lieu thereof the figure "$10,150,000.00". And by striking the figure "$10,163,200.00" and in serting in lieu thereof the figure "$10,018,000.00." And by striking the figure "$6,651,618.00" as it ap pears in two places in said Section and inserting in lieu thereof the figure "$6,561,618.00" in both of said places. And by striking the figure "$3,511,582.00" as it ap pears in two places in said Section and inserting in lieu thereof the figure "$3,636,382.00" in both of said places. The Committee of the Whole moves to amend Com mittee Substitute to H. B. No. 45 by striking from Sec tion 28D the figure "$763,000.00" and inserting in lieu thereof the figure "$663,000.00". The Committee of the Whole moves to amend Com mittee Substitute to H. B. No. 45 by striking Section 34C in its entirety and inserting in lieu thereof a new Sec tion 34C to read as follows: "C. Game and Fish Commission. 1967-68 .._.._.._..._______...__________________________ $ 2,880,000.00 1968-69 ._._._-_._._.-...._----._-.____.-_-__-_.________.$ 2,715,000.00 Provided that the allocation to objects in the Bud get Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 1968-69 Personal Services $1,923,716.00 $1,923,716.00 Capital Outlay $ 165,000.00 " The Committee of the Whole moves to amend Com mittee Substitute to H. B. No. 45 by striking from Sec tion 34F (b) the figure "$188,500.00" as it appears in two places and inserting in lieu thereof the figure "$228,500.00" in both of said places. The Committee of the Whole moves to amend Com mittee Substitute to H. B. No. 45 by striking Section 34G (d) in its entirety. MONDAY, FEBRUARY 20, 1967 495 The Committee of the Whole moves to amend Comittee Substitute to H. B. No. 45 by striking from Section 35B the figure "$1,400,000.00" as it appears in two places and inserting in lieu thereof the figure "$800,000.00" in both of said places. And by striking the figure "$1,000,000.00" as it ap pears in two places and inserting in lieu thereof the figure "$400,000.00" in both of said places. The Committee of the Whole moves to amend Com mittee Substitute to House Bill No. 45 as follows: By adding at the end of Subsection A of Section 38 a new paragraph to read as follows: "The salary index value of 100 referred to in Section 9 of the Minimum Foundation Program of Education Act shall be a minimum of $4,800.00 as of the effective date of this Act." The Committee of the Whole moves to amend Com mittee Substitute to H. B. No. 45 by striking from Section 38A the figure "$298,218,000.00" and inserting in lieu thereof the figure "$298,139,415.00". And by striking the figure "$296,718,000.00" and in serting in lieu thereof the figure "296,639,415.00". And by striking the following: 1967-68 Maintenance, Operation and Sick Leave $27,074,554.00 and inserting in lieu thereof the following: 1967-68 1968-69 Maintenance, Operation $27,074,554.00 $27,074,554.00 and Sick Leave Public Library Services $ 1,912,118.00 $ 1,912,118.00 and Materials Contingency Fund -0- -0- Driver Education Summer Program -O- -O- The Committee of the Whole moves to amend Com mittee Substitute to H. B. No. 45 by striking the last para graph of Section 38A in its entirety. 496 JOURNAL OF THE HOUSE, The Committee of the Whole moves to amend Com mittee Substitute to H. B. No. 45 by striking Section 45D in its entirety and by relettering E. as D. The Committe of the Whole moves to amend Com mittee Substitute to H. B. No. 45 by striking from Sec tion 46F the figure "$3,632,000.00" as it appears in two places and inserting in lieu thereof the figure "$3,525,000.00". And by striking the figure "$622,000.00" as it ap pears in two places and inserting in lieu thereof the figure "$515,000.00" in both places. The Committee of the Whole moves to amend Com mittee Substitute to H. B. No. 45 by striking from Sec tion 46G the figure "$3,200,000.00" as it appears in two places and inserting in lieu thereof the figure "$3,100,000.00" in both of said places. The Committee of the Whole moves to amend Com mittee Substitute to H. B. No. 45 by striking the last paragraph of Section 47C in its entirety. The Committee of the Whole moves to amend Com mittee Substitute to H. B. No. 45 by striking Section 47H in its entirety. The Committee of the Whole moves to amend Com mittee Substitute to H. B. No. 45 by striking from Sec tion 49A the figure "3,200,000.00" as it appears in two places and inserting in lieu thereof the figure "$1,700,000.00 in both of said places. And by striking from Section 49B the figure "$3,700,000.00" as it appears in two places and inserting in lieu thereof the figure "$2,700,000.00" in both of said places. The Committee of the Whole moves to amend Com mittee Substitute to H. B. No. 45 by striking the follow ing: TOTAL APPROPRIATION 1967-68 -_....__.. ------$797,458,145.90 TOTAL APPROPRIATION 1968-69 __...__...----$783,812,835.90 and inserting in lieu thereof the following: TOTAL APPROPRIATION 1967-68 .__._._.___._..___.___..__.$785,015,287.90 TOTAL APPROPRIATION 1968-69 --.-.-___-..__-_.....$771,369,977.90 The Committee Substitute, as amended by the Committee, was adopted. MONDAY, FEBRUARY 20, 1967 497 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 or dered and the vote was as follows: Those voting in the affirmative were Messrs. Adams Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Blalock Bond Bostick Bowen Branch Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. P. ColweU Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Davis Dean Delong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglasi Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Cignilliat Grahl Grier Hadaway Hale Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howell Hutchinson Irvin Jenkins Johnson Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton Merritt Miller Minge Mixon Moate Moore Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips 498 Pickard Poss Potts Ragland Rainey Reaves Richardson, Roach Ross Rowland Rush Savage Shanahan Sherman Shields Simmons Sims JOURNAL OF THE HOUSE, Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Tye Underwood Vaughan Vaughn Walling Wamble Ward Ware Wells Westlake Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood Those not voting were Messrs.: Alexander Black Brantley, H. H. Brantley, H. L. Collins Conner Cook Dailey Daugherty Howard Johnson, B. Jordan Land McClatchey Moore Russell Scarlett Turner Whaley Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 184, nays 0, The Bill, having received the requisite constitutional majority, was passed by substitute, as amended. By unanimous consent, the Clerk was directed to delete the words "Capital Outlay" from the caption of Section 49 of the Committee substitute to HB 45. Messrs. Brantley of the 63rd and Johnson of the 40th stated that they had been called from the floor of the House when the call of the roll was ordered, but wished to be recorded as voting "aye" on HB 45. Mr. Turner of the 123rd stated that he had been called from the floor of the House to confer with constituents when the vote was taken on HB 45, but had he been present, would have voted "aye". 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. TUESDAY, FEBRUARY 21, 1967 499 Representative Hall, Atlanta, Georgia Tuesday, February 21, 1967 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 Honorable Virgil T. Smith of the 3rd District: We lift up our faces unto thee 0 God that we may enlightened. We lift up our eyes that we may see visions and dream dreams. We lift up our minds that we may know truth, that the truth may set us free. We lift up our hands that they may be full of charity. We lift up our hearts that they may become loving. We lift up our wills that they may follow out Thy purposes in obedience. We lift up our lives that they may receive abundance and be abounding. We lift up our souls that they may receive eternal life. All that we are we lift up unto Thee that we may give thee glory. 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 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. 500 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 329. By Mr. Steis of the 100th: A Bill to be entitled an Act to amend Code Chapter 84-4, relating to barbers and manicurists, barber shops, barber schools and barber col leges, and creating a Georgia State Board of Barbers, so as to change certain provisions relative to examinations for certificates of registra tion as a master barber; and for other purposes. Referred to the Committee on Industry. HB 330. By Mr. Moore of the 20th: A Bill to be entitled an Act to amend Code Section 32-1006, relating to the compensation, certification and classification of county superin tendents of schools, so as to provide that county superintendents of schools shall not be certified and classified in the manner in which teachers are certified and classified; and for other purposes. Referred to the Committee on Education. HB 331. By Mr. Moore of the 20th: A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", so as to provide for separate classifications of professional personnel required to be certificated by the State Board of Education; and for other purposes. Referred to the Committee on Education. HB 332. By Mr. Moore of the 20th: A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Polk County, so as to provide that the Tax Com missioner of Polk County submit an annual budget to the Board of Commissioners of Roads and Revenues for approval; and for other purposes. Referred to the Committee on Local Affairs. HB 333. By Messrs. Miller of the 108th, Wilson, Ragland and Laite of the 109th: A Bill to be entitled an Act to amend an Act reinstating the charter of the City of Macon, so as to provide maximum working hours for firemen employed by the City of Macon; and for other purposes. Referred to the Committee on Local Affairs. TUESDAY, FEBRUARY 21, 1967 501 HB 334. By Messrs. Sullivan, Barfield and Bennett of the 95th: A Bill to be entitled an Act to amend an Act incorporating the City of Valdosta, so as to change the corporate limits of the City of Valdosta; and for other purposes. Referred to the Committee on Local Affairs. HB 335. By Messrs. Sullivan, Barfield and Bennett of the 95th: A Bill to be entitled an Act to provide that all deeds of instruments must contain a recital designating the last recorded instrument effecting the property embraced within the deed or instrument; and for other purposes. Referred to the Committee on Special Judiciary. HB 336. By Mr. Murphy of the 26th: A Bill to be entitled an Act creating the Department of Public Safety, so as to increase the number of captains, 1st lieutenants, sergeants and corporals in a batallion; and for other purposes. Referred to the Committee on State of Republic. HB 337. By Mr. Carnes of the 129th: A Bill to be entitled an Act to amend an Act authorizing the governing authorities of the several municipalities and counties of the State to establish planning commissions, so as to include within the definition of streets, public building sites and public open spaces, right-of-way and facilities of or needed in connection with a system of public trans portation of passengers for hire; and for other purposes. Referred to the Committee on Industry. HB 338. By Messrs. Sullivan, Barfield and Bennett of the 95th: A Bill to be entitled an Act to amend an Act incorporating the City of Valdosta, so as to provide for the voting of absentee ballots; and for other purposes. Referred to the Committee on Local Affairs. HB 339. By Messrs. Sullivan, Barfield and Bennett of the 95th: A Bill to be entitled an Act to amend an Act incorporating the City of Valdosta, so as to authorize the City to contract with Lowndes County in regard to the administrative and clerical matters pertaining to ad valorem taxes levied by the City of Valdosta; and for other purposes. Referred to the Committee on Local Affairs. 502 JOURNAL OP THE HOUSE, HB 340. By Messrs. Cole, Leonard and Smith of the 3rd: A Bill to be entitled an Act to amend an Act consolidating the various acts incorporated in the City of Dalton, so as to incorporate in said City certain parts of Lands Lots Nos. 158, 185, 196, 223 and 261 in the 12th District and 3rd Section of Whitfield County, not now incorporated in said City; and for other purposes. Referred to the Committee on Local Affairs. HB 341. By Mr. Carnes of the 129th: A Bill to be entitled an Act to amend a "Mapped Streets Plan", so as to include within the definition of "streets" right-of-way and facilities of or needed in connection with a system of public transportation of passengers for hire; and for other purposes. Referred to the Committee on Industry. HB 342. By Messrs. Threadgill and Wiggins of the 32nd: A Bill to be entitled an Act to amend an Act known as the "Current Income Tax Payment Act of 1960", so as to provide for the payment of the amount of tax withheld from employees' wages on a monthly basis under certain circumstances; and for other purposes. Referred to the Committee on Ways and Means. HB 343. 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 provide that any person qualifying under Section 94A of this Act may fish for bait in salt waters with power drawn nets at any time; and for other purposes. Referred to the Committee on Game and Fish. HB 344. By Mr. Bowen of the 69th: A Bill to be entitled an Act to amend an Act found in Georgia Laws, 1915, so as to extend the corporate limits of the City of Vienna; and for other purposes. Referred to the Committee on Local Affairs. HB 345. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: 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. Referred to the Committee on Rules. TUESDAY, FEBRUARY 21, 1967 503 HB 346. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "State Office Building Authority Act", so as to change the membership comprising the Authority; and for other purposes. Referred to the Committee on Rules. HB 347. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "State Hospital Authority Act", so as to change the name of the Authority; and for other purposes. Referred to the Committee on Rules. HB 348. By Messrs. Smih of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as "An Act to create the State Hospital Authority", so as to change the membership comprising the Authority; and for other purposes. Referred to the Committee on Rules. HB 349. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "State Penal and Rehabilitation Authority Act", so as to change the name of the Authority; and for other purposes. Referred to the Committee on Rules. HB 350. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "Georgia Farmers Market Authority Act", so as to change the name of the Authority; and for other purposes. Referred to the Committee on Rules. HB 351. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "University System Building Authority Act", so as to change the name of the Authority; and for other purposes. Referred to the Committee on Rules. 504 JOURNAL OP THE HOUSE, HB 352. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "State School Building Authority Act", so as to change the name of the Authority; and for other purposes. Referred to the Committee on Rules. HB 353. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "Jekyll Island - State Park Authority Act", so as to change the name of the Authority; and for other purposes. Referred to the Committee on Rules. HB 354. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "Stone Moun tain Memorial Association Act", so as to change the name of the Asso ciation; and for other purposes. Referred to the Committee on Rules. HB 355. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "Georgia Ports Authority Act", so as to authorize the use of services of the Georgia Building Authority; and for other purposes. Referred to the Committee on Rules. HB 356. By Messrs. Fleming and Maxwell of the 106th, Sherman of the 105th and Dent of the 104th: A Bill to be entitled an Act to provide for the payment of witness fees to certain law enforcement officers who are required to appear to testify in the Courts of certain counties on their off-duty hours; and for other purposes. Referred to the Committee on Local Affairs. HB 357. By Messrs. Russell and Oglesby of the 92nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Boston in the County of Thomas, so as to provide that the aldermen of said city shall be chosen and elected to fill one of TUESDAY, FEBRUARY 21, 1967 505 five distinct and designated posts numbered 1 through 5 inclusive; and for other purposes. Referred to the Committee on Local Affairs. HB 358. By Messrs. Russell and Oglesby of the 92nd: A Bill to he entitled an Act to amend an Act establishing the City Court of Thomasville, so as to change the salary of the judge of said court; and for other purposes. Referred to the Committee on Local Affairs. HR 132-358. By Mr. Fleming of the 106th: 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. Referred to the Committee on Special Judiciary. HB 359. By Messrs. Russell and Oglesby of the 92nd: A Bill to be entitled an Act to amend an Act establishing the salary of the sheriff of Thomas County, so as to change the compensation of the sheriff; and for other purposes. Referred to the Committee on Local Affairs. HB 360. By Mr. Laite of the 109th: A Bill to be entitled an Act to amend an Act creating a State Depository Board, so as to provide that the Board shall select as depositories of State funds those banks and trust companies which are otherwise qualified to act as State depositories and shall make loans to students which enable them to attend higher educational institutions; and for other purposes. Referred to the Committee on Banks and Banking. HB 361. By Messrs. Oglesby and Russell of the 92nd: A Bill to be entitled an Act to amend an Act creating the City Court of Thomasville, so as to change the salary of the solicitor of said court; and for other purposes. Referred to the Committee on Local Affairs. HB 362. By Messrs. Gary and Lee of the 35th: A Bill to be entitled an Act to provide that in all counties of this State having a population of not less than 46,000 nor more than 47,000, the 506 JOURNAL OF THE HOUSE, judge of the superior court of such counties shall be authorized to appoint the clerk of the superior court of such counties to serve as jury clerk; and for other purposes. Referred to the Committee on Local Affairs. HB 363. By Messrs. Oglesby and Russell of the 92nd: A Bill to be entitled an Act to amend the Charter of the City of Thomasville, so as to change the salary to be received by the Commissioners and the salary to be received by the one of their number designated as Mayor; and for other purposes. Referred to the Committee on Local Affairs. HB 364. By Messrs. Oglesby and Russell of the 92nd: A Bill to be entitled an Act to amend an Act establishing the City Court of Thomasville, so as to provide for an increase in the salary of the Solicitor of said court from $3900 per annum to $4800 per annum and to set an effective date; and for other purposes. Referred to the Committee on Local Affairs. HB 365. By Mr. Lane of the 64th: A Bill to be entitled an Act to fix the salaries of the Governor, the Attorney General, the Commissioner of Agriculture, the Commissioner of Labor, the Comptroller General, the Secretary of State, the State Superintendent of Schools, the State Treasurer, each member of the Public Service Commission; and the Lieutenant Governor; and for other purposes. Referred to the Committee on State oi Republic. HB 366. By Messrs. Phillips of the 41st, Lane of the 64th and Parker of the 55th: A Bill to be entitled an Act to amend an Act creating the Georgia Recreation Commission, so as to provide that members of the Commis sion shall receive a per diem and reimbursement for their actual ex penses incurred for each day served on official business of the Com mission; and for other purposes. Referred to the Committee on Industry. HB 367. By Mr. Howard of the 101st: A Bill to be entitled an Act to authorize the judge or judges of the superior courts of each county to appoint the clerk of the superior court or his assistant as jury clerk; and for other purposes. Referred to the Committee on Special Judiciary. TUESDAY, FEBRUARY 21, 1967 507 HE 368. By Messrs. Howard of the 101st, Cooper of the 103rd, Henderson and Wilson of the 102nd: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes. Referred to the Committee on Local Affairs. HB 369. 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 change the salary of the ordinary; and for other purposes. Referred to the Committee on Local Affairs. HB 370. By Mr. Moore of the 12th: A Bill to be entitled an Act to amend an Act placing the sheriff of Stephens County upon an annual salary, so as to provide for addi tional funds for clerical assistance in the sheriff's office; and for other purposes. Referred to the Committee on Local Affairs. HB 371. By Messrs. Bennett, Sullivan and Barfield of the 95th: A Bill to be entitled an Act to amend an Act creating the City Court of Valdosta, so as to change the name of said court; to change the manner and method of selecting the judge and solicitor of said court; and for other purposes. Referred to the Committee on Local Affairs. HB 372. By Mr. Ballard of the 37th: A Bill to be entitled an Act to amend an Act providing for a Board of Directors and a Commissioner of Roads and Revenues for Newton County, so as to change the compensation of the Commissioner; and for other purposes. Referred to the Committee on Local Affairs. HB 373. By Messrs. Pickard of the 112th and Jones of the 76th: A Bill to be entitled an Act to declare that the rates, services and operations of mobile radio common carriers are in the public interest; and for other purposes. Referred to the Committee on Industry. 508 JOURNAL OF THE HOUSE, HB 374. By Messrs. Smith and Gaynor of the 114th, Gignilliat and Berry of thellSth, Tye and Whaley of the 115th, Battle, Richardson and Funk of the 116th: A Bill to be entitled an Act to amend an Act revising the laws relating to subpoenas and other like processes, so as to provide for payment of fees to any sheriff, deputy sheriff, or member of any municipal or county police force attending any court having jurisdiction to enforce penal laws of this State or attending any grand jury or juvenile court; and for other purposes. Referred to the Committee on Judiciary. HB 375. By Messrs. Harris and Vaughan of the 14th: A Bill to be entitled an Act to amend an Act to change from the fee to the salary system in Bartow County the sheriff, the clerk of the superior court, and the ordinary of such county, so as to change the compensation of the ordinary; and for other purposes. Referred to the Committee on Local Affairs. HB 376. By Messrs. Harris and Vaughan of the 14th: A Bill to be entitled an Act to amend an Act to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the superior court, and the ordinary of such county, so as to change the compensation of the clerk of the superior court; and for other purposes. Referred to the Committee on Local Affairs. HB 377. By Messrs. Harris and Vaughan of the 14th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Bartow County, so as to change the compensation of the Commissioner; and for other purposes. Referred to the Committee on Local Affairs. HB 378. By Messrs. Harris and Vaughan of the 14th: A Bill to be entitled an Act to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis, so as to change the compensation of the sheriff, his deputies, and other employees; and for other pur poses. Referred to the Committee on Local Affairs. HB 379. By Messrs. Harris and Vaughan of the 14th: A Bill to be entitled an Act to amend an Act to consolidate the offices of tax receiver and tax collector of Bartow County into the office of TUESDAY, FEBRUARY 21, 1967 509 tax commissioners, so as to change the compensation of the tax com missioner and the deputy tax commissioner; and for other purposes. Referred to the Committee on Local Affairs. HB 380. By Messrs. Smith of the 54th, Hale of the 1st, Bushee and Lee of the 79th, Jones of the 76th and Lambert of the 38th: A Bill to be entitled an Act to create fiscal affairs sub-committees of the Senate and House of Representatives; and for other purposes. Referred to the Committee on Rules. HB 381. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 38th: A Bill to be entitled an Act to create the Legislative Audit Committee; and for other purposes. Referred to the Committee on Rules. HB 382. By Messrs. McDaniell of the 101st, Wilson of the 102nd and Harris of the 85th: A Bill to be entitled an Act to amend an Act entitled "State Properties Control Code, so as to provide that the General Assembly shall have the power to lease on behalf of the State Properties Control Commis sion and the State of Georgia, the property of the W & A Railroad used or useful for railroad purposes; and for other purposes. Referred to the Committee on State Institutions & Property. HB 383. By Mr. McDaniell of the 101st: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Cobb County, so as to pro vide that the Board of Commissioners shall set the compensation of the Comptroller; and for other purposes. Referred to the Committee on Local Affairs. HR 133-383. By Messrs. McDaniell of the 101st and Wilson of the 102nd: A Resolution accepting the offer of Louisville and Nashville Railroad Company to lease the Western and Atlantic Railroad; and for other purposes. Referred to the Committee on State Institutions & Property. By unanimous consent, the following Bills and Resolutions ol the House were read the second time: 510 JOURNAL OF THE HOUSE, HB 314. By Mr. Palmer of the 117th: A Bill to be entitled an Act to amend an Act relating to the applica tions of minors under the age of 18 for an operator's license to drive a motor vehicle, so as to provide that any applicants who are 18 years of age or less must furnish evidence of satisfactorily completing a course in driver's education or its substantial equivalent before they can obtain an operator's license; and for other purposes. HB 315. By Mr. Savage of the 58th: A Bill to be entitled an Act to amend Code Title 34, relating to elec tions, so as to provide for the filing of disqualification lists with the election registrars of the counties and the Secretary of State; and for other purposes. HB 316. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd and Cooper of the 103rd: A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to authorize the solicitor general to appoint such addi tional investigators as may be approved by the governing authority of Cobb County; and for other purposes. HB 317. By Messrs. Bennett, Sullivan and Barfield of the 95th: A Bill to be entitled an Act to create and incorporate the Town of Dasher in the County of Lowndes; to grant a charter to that munici pality under the name and style; and for other purposes. HB 318. By Mr. Savage of the 58th: A Bill to be entitled an Act to implement the constitutional amend ment creating the "Schley County Development Authority"; and for other purposes. HB 319. By Messrs. Jones of the 76th, Rush of the 75th and Brantley of the 63rd: A Bill to be entitled an Act placing the solicitor General of the Atlantic Judicial Circuit on a salary basis in lieu of a fee basis, so as to change the compensation of the solicitor general; and for other purposes. HB 320. By Messrs. Chandler and Harrington of the 47th: A Bill to be entitled an Act to authorize and empower the State De partment of Family and Children Services to reimburse Baldwin County 100% of the administrative expenses incurred by employees of the Baldwin County Department of Family & Children Services assigned TUESDAY, FEBRUARY 21, 1967 511 full-time to Milledgeville State Hospital by the State Department of Family & Children Services; and for other purposes. HR 129-320. By Mr. Dorminy of the 72nd: A Resolution authorizing the conveyance of a certain tract of land in Ben Hill County; and for other purposes. HB 321. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Cooper of the 103rd: A Bill to be entitled an Act to amend Code Section 24-820, relating to fees of constables, so as to change the fees of constables; and for other purposes. HB 322. By Messrs. Wilson of the 102nd and Cooper of the 103rd: A Bill to be entitled an Act to amend Code Section 24-1601, relating to fees for Justices of the Peace, so as to change the fees of Justices of the Peace; and for other purposes. HB 323. By Messrs. Howard and McDaniell of the 101st, Wilson and Hender son of the 102nd and Cooper 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 increase the corporate limits; and for other purposes. HB 324. By Messrs. Harris of the 118th and Steis of the 100th: A Bill to be entitled an Act to amend an Act amending and revising the adoption laws now set forth in Chapter 74-4 of the Code of 1933, so as to provide for the deposit of a fee for advance court costs of $15.00 with all adoption petitions; and for other purposes. HB 325. By Messrs. Harris of the 118th and Steis of the 100th: 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 326. By Messrs. Howard and McDaniel of the 101st, and Henderson of the 102nd: A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs, so as to change the corporate limits; and for other purposes. 512 JOURNAL OF THE HOUSE, HB 327. By Messrs. Howard and McDaniell of the 101st, and Henderson of the 102nd: A Bill to be entitled an Act to amend an Act revising, amending con solidating and superseding several Acts incorporating the town of Austell and reincorporating said town, so as to increase the corporate limits; and for other purposes. HB 328. By Messrs. Caldwell of the 51st, Walling of the 118th, Brantley of the 63rd, Ballard of the 37th, Gates of the 123rd, Fleming of the 106th, Irvin of the llth, Kaylor of the 4th, Minge of the 13th, Pafford of the 97th, Ross of the 31st, Sherman of the 105th, Smith of the 44th, Thomas of the 77th and Wilson of the 109th: A Bill to be entitled an Act to amend an Act relating to the apportion ment of the membership of the House of Representatives, so as to provide for the apportionment of the members of the House of Repre sentatives; to provide for Representative Districts; and for other purposes. Mr. Smith of the 3rd, Chairman of the Committe on Hygiene and Sanita tion, 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 107. Do Pass by Committee Substitute. HB 112. Do Pass. HB 118. Do Pass. Respectfully submitted, Smith of 3rd, Chairman. Mr. Clarke of 45th, 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 181. Do Pass. HB 270. Do Pass. TUESDAY, FEBRUARY 21, 1967 513 HB 310. Do Pass. HB 316. Do Pass. HB 317. Do Pass. HB 323. Do Pass. Respectfully submitted, Clarke of 45th, Chairman. Mr. Steis of the 100th 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 has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 151. Do Pass. HB 147. Do Not Pass. HB 148. Do Pass. HB 277. Do Pass. HB 169. Do Not Pass. HR 111-257. Do Pass. Respectfully submitted, Steis of 100th, Chairman. Mr. Chandler of 47th, Chairman of the Committee on State Institutions and Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions and Property has had under considera tion the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations: HR 25-56. Do Pass. Respectfully submitted, Chandler of 47th, Chairman. 514 JOURNAL OF THE HOUSE, The following minority report was received: The undersigned, as members of the State Institutions and Property Committee of the House of Representatives of the State of Georgia here with makes a minority report upon HR 25-56 which was reported out of the committee with a recommendation that said bill "do pass" by a vote of 18 to 17. HR 25-56 recommends the acceptance by the General Assembly of the State of Georgia of an offer by Southern Railway Company to lease the Western and Atlantic Railroad, which is the property of the people of the State of Georgia. The offer of Southern Railway has come to the General Assembly by reason of a finding of the State Properties Control Commission, on a vote of 7-2, that bid made by the Southern for the Western and At lantic lease, for a period of twenty-five (25) years beginning December 28, 1969, is the "highest responsible" bid. A bid was also submitted by Louisville and Nashville Railroad Company. The Commission, in designating Southern as the highest responsible bidder, considered only the dollar amounts of the bids. The Vice Chair man of the Commission, the Honorable Ernest Davis, so stated to this Committee at a public hearing on Wednesday, February 1, 1967. The Commission apparently was of the opinion that the legislative mandate, contained in the State Properties Control Code, did not authorize it to consider anything other than the dollar amounts offered as rent for the Western and Atlantic Railroad. Thus, it is apparent that matters of vital concern to the State's economy and its industrial growth were never considered prior to hearings conducted by this Committee February 1, 2 and 3, 1967. The duty of the General Assembly is to determine, acting in the best interest of the State, whether the offer of Southern Railway should be accepted or rejected. What is before the General Assembly is not a contract approved by the State Properties Control Commission but only an offer transmitted by that Commission. The authority of the Legislature has been well stated by Assistant Attorney General Harold Hill who, on February 1, 1967, stated to this Committee, in public hearings, that the authority of the Legislature is limited only by the constitutions of Georgia and the United States. He said further at that time that the Legislature could take any action it wishes to take. Thus, it is the duty and it is the authority of the Legislature to consider every aspect of the future of the Western and Atlantic Rail road and the Legislature may do what it thinks to be in the best interest TUESDAY, FEBRUARY 21, 1967 515 of the State, having reserved to itself, in the State Properties Control Code, the final voice as to a lessee of the Western and Atlantic. THE BIDS THAT WERE OFFERED Southern Railway offered the annual sum of $995,000.00 for a future lease of the Western and Atlantic Railroad. Louisville and Nashville Railroad offered an annual sum of $900,000.00 for the lease. At the same time, and as part of the same bid, the Louisville and Nashville Railroad also offered the State an earnings-sharing proposal, leaving to the State the choice of which proposal it would take. The fixed bids may be readily compared and need no additional comment. The earnings-sharing offer of L&N deserves comment. In the opinion of the Committee, the L&N's earnings-sharing offer is soundly based. It has two great advantages: it offers the State pro tection against inflation which has been with us for many years and which will almost assuredly continue, and it offers the State an oppor tunity to share, through rental, in the economic growth of Georgia. In fact, the character of the offer is precisely that which the Vice Chairman of the Commission, the Honorable Ernest Davis, stated to this Com mittee on February 1, in public hearing, would be in the interest of the State and had been wanted by the Commission at the very outset of its consideration of the Western and Atlantic's future. In sum, the L&N's offer was a precise answer to the hope originally entertained by the Commission. It should be noted that the State's leases of the nonoperating property of the W&A contain just such earnings-sharing provisions, as do the leases of State property as, for instance, at Jekyl Island. The L&N's offer was in two parts but it was a single offer. It was submitted in a single envelope on December 12 and, in fact, the two parts were written on the same pages. It is not correct that L&N bid twice. The L&N bid once and only once. In the opinion of the Committee, L&N's bid was a proper one, was fully permitted by the bidding papers, and was within the terms of the invitation for bids, the advertisement for bids, and the instructions to bidders. It was responsive to the invitation and it was, above all, in the best interest of the State. The L&N guarantee of an income from the earnings-sharing offer of not less than $25 million over the life of the lease affords additional protection to the State and should not be confused, as some have at tempted to confuse it, as being a second bid. It simply made clear the L&N's confidence in the ability of the L&N's offer to produce a good income to the State it serves simply as security for performance. Even the State's own consultant, Ford, Bacon and Davis, stated to the 516 JOURNAL OF THE HOUSE, Committee that the offer could produce, in the last year of the lease, the sum of $1,714,000.00. It has been suggested that the L&N's intention is to postpone payment of a great part of the rental until the end of the lease. The suggestion is a fiction and deserves no further attention than to say that it is not supported by any evidence and that, when the subject of the manner of payment was raised in Committee hearings, William Kendall, the President of the L&N, said that the manner of annual payment of the guaranteed rental could be worked out in any manner desired by the State, including the payment of $1 million per year. PACTS TO BE CONSIDERED Most of the public discussion of the Western and Atlantic lease has centered upon the dollar amount of the rental. This is an important consideration to the people of Georgia, who want their railroad to produce as much as possible in direct income to the State. On this point, it is apparent that the L&N earnings-sharing offer, backed by the $25 million guarantee, will unquestionably produce the most income to the State. Georgia is encouraging the location of industry within its borders; it does all it can to promote the expansion of existing industry; the ideal of every community in Georgia is to keep the industries it has and attract more. This is no time, if ever such a time should come, for the State of Georgia to consider evicting one of the nation's major railroads. But that is what the Southern Railway proposes be done. If that were done, a monopoly of rail transportation would likely exist between Atlanta and Chattanooga. Every railroad line between those two cities would be in control of Southern Railway Company. This, in the simplest definition of the term, is a "monopoly." The Constitution of the State of Georgia declares in Article IV, Chapter 2-2701, Paragraph 1, that the General Assembly shall have no power to authorize a contract which may encourage monopoly or defeat or lessen competition. The oath taken by each member of this Committee and by each member of the Legislature is to uphold the Constitution of Georgia. This Committee will not recommend to the General Assembly that its members vote in violation of their oath of office and in defiance of the Constitution of the State. The Mayor of Dalton testified before the Committee. Dalton is the only town in Georgia, other than Atlanta, served by both the Southern and the L&N. It has two railroads serving it today; if the W&A is leased to the Southern, Dalton will be served by only one railroad. Mayor McCamy said "we believe that Southern would be a better railroad by reason of competition from L&N and we believe that L&N would be a better railroad by reason of competition from Southern, so we want them both." Commissioner of Roads and Revenues Harold Hefner of Gilmer County stated that Gilmer County can be hurt if the W&A is leased to TUESDAY, FEBRUARY 21, 1967 517 the Southern. He believes that employment and industrial development in his county will be hurt. Statements by the mayors of Cartersville and of Ringgold were of like nature. Not a single witness from a, public position appeared in support of Southern Railway's bid. Monopoly threatens people who use the railroad. For instance, representatives of several industries appeared and testified in favor of a lease of the Western and Atlantic to the L&N. The industries repre sented were Sears, Roebuck and Company, Georgia Marble Company, Great Northern Paper Corporation, Augusta Iron and Steel Works, and Thompson-Weinman and Company. All of these are Georgia businesses. They were unanimous in their position that a lease of the W&A to the Southern would be damaging to their businesses and that a lease of the W&A to the L&N would have a favorable impact upon their businesses. Such testimony is among the most persuasive that could be presented to the Legislature. The Augusta Iron and Steel Works' representative stated that in the very week in which he appeared before the Committee, his company had been able to prepare a bid for a job at a point served by both L&N and Southern. Favorable services which the L&N gives and which Southern refuses to give caused the witness to say that it would cost his company over two and a half times as much to deliver from Augusta to the job point by Southern as it would to deliver by L&N. This is an illustration of the manner in which competition serves a Georgia in dustry and it makes possible the well-being of that industry and its employees. There are on file in the Georgia State Properties Control Com mission literally hundreds of letters urging the State to assure continued railroad competition in the State by a lease of the W&A to the L&N. Those letters included ones from some of the leading companies in Georgia and in the nation and they are strong testimony to the effect that the interests of Georgia will be served by a lease of the W&A to the L&N. Not a single user of the W&A or of the Southern or of any other railroad appeared in support of a lease of the W&A to Southern Railway. There is no question about the attitude of users of the railroad--they feel that their interests and thus, Georgia's interests, can be served only by a lease to L&N. This attitude of industry is important to Georgia because of Georgia's continuing desire to develop industrially. Major businesses have said that Georgia would be less attractive for industrial locations if the W&A were to be leased to Southern. Their statements are on file with the State Properties Control Commission. Georgia should do every thing it can to encourage the location of industry in this State and it should do nothing to discourage it. There is clear testimony on the 518 JOURNAL OF THE HOUSE, record that a lease of the W&A to the Southern would discourage industrial development. Not a single1 laboring man or labor representative testified in support of Southern. In other areas as well as that of railroad jobs, all of Georgia would be adversely affected by the lease of the W&A to Southern. The testi mony of the witnesses from the Augusta Iron and Steel Works makes it plain that Augusta would be affected. This is but a single example from which it can be seen that monopoly reaches all over Georgia and is not confined to the line between Atlanta and Chattanooga. Of utmost importance to the State is that at the end of the lease-- in 1995--the State have a railroad which will be attractive for further leasing. The L&N has to use the W&A if it is to get into Atlanta and a lease to the L&N would be a lease to a railroad that has to use it and thus has to maintain it and improve it. Southern does not have to have the W&A to get into Atlanta and a lease to the Southern would be to a railroad that has its own capital investment in other lines which it must, in obligation to its stockholders, maintain and improve. It would be to Southern's interest in 1995 if the W&A were not to exist and were not available for lease to anybody else for then Southern could abandon it, as it has abandoned other railroads which it leased and with which it competed, and it would not have to pay the State anything and it would not have to pay anybody else anything. Future generations of Georgia wait upon what we do today. CONCLUSION Georgia needs the services of L&N and the Southern Railway System between Atlanta and Chattanooga. A lease of the W&A to L&N will assure the combination of competitive rail service and the sound maintenance and constant improvement of the W&A. It is in the best interests of Georgia and her people that their railroad be leased to L&N. Respectfully submitted, James W. Paris Hugh Lee McDaniel Carlton Colwell R. Luke De Long Members, State Institutions and Property Committee Mr. Melton of the 34th, 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- TUESDAY, FEBRUARY 21, 1967 519 lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 67. Do Pass. HB 233. Do Pass. Respectfully submitted, Melton of 34th, Chairman. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the House, to-wit: HR 105. By Messrs. Lane of the 64th and Matthews of the 94th: A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing addresses by Governor Lurleen Wallace and the Honorable George C. Wallace; and for other purposes. The Senate has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit: HB 30. 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 71. By Messrs. Jones, Pickard and Buck of the 112th, and others: 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 the sheriff; and for other purposes. HB 97. By Mr. Doster of the 73rd: A bill to be entitled an Act to amend an Act creating the office of com missioner of roads and revenues for Telfair County, so as to provide that the February term of the grand jury of the Telfair Superior Court shall select the Auditor of the books and records of Telfair County; and for other purposes. 520 JOURNAL OF THE HOUSE, HB 128. By Messrs. Leonard, Cole and Smith of the 3rd: A bill to be entitled an Act to amend an Act establishing a new charter for the Town of Eton in the County of Murray, so as to change the terms of office of the mayor and aldermen; and for other purposes. SB 70. By Senator Moore of the 31st: A bill to be entitled an Act to create the Polk County Water Authority, and for other purposes. SB 81. By Senator Abney of the 53rd: A bill to be entitled an Act to amend an Act creating the City Court of Walker County, approved March 5, 1957 (Ga. Laws 1957, p. 2561), as amended, so as to change the expense allowance of the solicitor of said court; to repeal conflicting laws; and for other purposes. By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 219. By Messrs. Dillon of the 128th, Carnes of the 129th, Lambros of the 130th, Adams of the 125th, Hood of the 124th and others: A bill to be entitled an Act to provide for the defense of indigents in certain counties of this State having a population of not less than 500,000; to provide the procedure connected therewith; and for other purposes. The following amendment was read and adopted: Messrs. Dillon of the 128th, Grier of the 132nd, Sims of the 131st, Hill of the 121st, Townsend of the 140th, Lane of the 126th, Turner of the 123rd, Hood of the 124th, Carnes of the 129th, Brown of the 135th, Bond of the 136th, Cox of the 127th, McClatchey of the 138th, Lambros of the 130th, Adams of the 125th, and Longino of the 122nd moves to amend HB No. 219 as follows: By striking from the title the following: "to prescribe certain powers and duties of the courts of criminal jurisdiction in certain counties of this State; to provide for a determination of indigency;" and inserting in lieu thereof the following: "to provide that the superior courts shall provide by rules for the representation of indigents in the courts having criminal juris- TUESDAY, FEBRUARY 21, 1967 521 diction in their circuits and in the appellate courts of this State and the courts of the United States where incident thereto;" By striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: "Section 4. Representation of Indigents wherein not otherwise provided herein, the Superior Courts shall provide by rules for the representation of indigents in the courts having criminal jurisdic tion in their circuits and in the appellate courts of this State and the courts of the United States where incident thereto". By striking Section 14 in its entirety and substituting in lieu thereof a new Section 14 to read as follows: "Section 14. Time of Taking Effect. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming 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 ayes were 111, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 297. By Messrs. Snow, Crowe and Hale of the 1st: A bill to be entitled an Act incorporating the City of Rossville, in the County of Walker, as amended, so as to change the compensation of the mayor and councilmen, city clerk, treasurer and tax collector; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 111, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 300. By Messrs. Cook of the 123rd, Games of the 129th, Dillon of the 128th; Mrs. Hamilton of the 137th and many others: A Bill to be entitled an Act to amend an Act known as "Authority to require repair, closing or demolition of certain buildings in certain 522 JOURNAL OP THE HOUSE, cities (300,000 or more)", so as to fix the time of the attachment of liens against the real property for the cost of vacating and closing; and for other purposes. The report 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 305. By Messrs. Dean and Moore of the 20th: A Bill to be entitled an Act amending, consolidating and superseding the several Acts incorporating the Town of Eockmart in the County of Polk, approved August 15, 1904, as amended, particularly by an Act approved August 14, 1931, and an Act approved February 10, 1939, so as to provide that the mayor and councilmen shall be 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 111, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 7. By Senator Hill of the 29th: A Bill to be entitled an Act to provide for a new charter for the City of Greenville; 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 111, nays 0. The Bill, having received the requisite constitutional majority, was passed. TUESDAY, FEBRUARY 21, 1967 523 The following Resolution of the House was read and adopted: HR 140. By Mr. Vaughn of the 117th: A RESOLUTION Requesting that the Federal-aid highway program proceed as rapidly as possible; and for other purposes. WHEREAS, the highways of every State of these great and mighty United States are slowly being suffocated by an ever-increasing and unending surge of humanity and machinery; and WHEREAS, Congress, through its wisdom, forsaw that the problem was too costly for any single State to finance, and enacted the Highway Revenue Act of 1956; and WHEREAS, in view of the fact that the Congress, in enacting the Highway Revenue Act of 1956, created the highway trust fund to re ceive specific tax revenues levied upon the users of the Nation's high ways for the sole purpose of financing the Federal-aid highway program; and WHEREAS, the recent cutback in the amount of Federal funds which can be committed for highway construction in fiscal year 1967 will have little effect on current inflationary trends, but will deny the Nation urgently needed highways which are being paid for by special taxes; and WHEREAS, it is the sense of Congress that the limitations imposed on the highway program by the cutback in Federal highway expendi tures be removed, and that the Federal-aid highway program proceed as rapidly as available revenues to the highway trust fund permit, and that tax revenues designated specifically for the highway trust fund be disseminated in accordance with the legislative intent expressed in the Highway Revenue Act of 1956. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby requests the Georgia Congressional Delegation to urge the President of the United States to use his prestige, influence and power to release those Federal-aid highway expenditures recently frozen and now unavailable for the use of the several states, so that the Federal aid highway construction program can continue to proceed as rapidly as circumstances permit. 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 Georgia Con gressional Delegation and to the President of the United States. 524 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: HB 89. By Messrs. Gignilliat and Berry of the 113th, Tye and Whaley of the 115th, Smith and Gaynor of the 114th and Richardson of the 116th: A Bill to be entitled an Act to provide for alternative times for making tax returns; to provide for the method of setting up said alternative period; and for other purposes. By unanimous consent, further consideration of this Bill was postponed until Wednesday, February 22, 1967. HB 127. By Messrs. Holder of the 70th, Savage of the 58th, Moreland of the 28th, Smith of the 3rd and Johnson of the 25th: 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 requirements that medical interns be licensed; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 103, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 85-209. By Messrs. Harris and Levitas of the 118th, Barber of the 24th and Smith of the 54th: A RESOLUTION Designating Georgia Authors' Week; and for other purposes. WHEREAS, Georgia's men and women of letters have made in numerable contributions to this State's literary heritage through their writings and descriptions of the various facets of our State's political, social, cultural and economic life; and WHEREAS, the many distinguished and famous authors of our State have brought worldwide recognition and renown to the State of Georgia through their works; and TUESDAY, FEBRUARY 21, 1967 525 WHEREAS, countless authors and their works have achieved inter national acclaim and awards for the proficiency and degree of expertise which have been incorporated into their writings; and WHEREAS, it is desirable that one week of the year be set aside for the purpose of focusing particular attention upon our State's heri tage and history through the observance and celebration of Georgia Authors' Week. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that that week in October of each year, commencing with the second Monday in October, is hereby officially designated as Georgia Authors' Week. BE IT FURTHER RESOLVED that during said week, the citizens of the State of Georgia are hereby encouraged to reflect upon the history of this great State and its rich heritage through the reading of the many outstanding literary works which have been authored by the distinguished men and women of letters of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 103, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 201. By Messrs. Levitas and Harris of the 118th, Palmer and Malone of the 117th, Jenkins and Westlake of the 119th and others: A Bill to be entitled an Act to amend Code Chapter 26-69, relating to the crimes of disturbing divine service or societies, as amended, so as to provide that it shall be unlawful for any person to deface or desecrate a place or building used regularly for divine worship; to provide penal ties; and for other purposes. The report 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. 526 JOURNAL OF THE HOUSE, HB 176. By Mr. Westlake of the 119th: A Bill to be entitled an Act to amend Code Section 56-310, relating to the deposit required for foreign and alien insurers, so as to authorize the Commissioner to require additional deposits; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 42, nays 79. The Bill, having failed to receive the requisite constitutional majority, was lost. Mr. Westlake of the 119th 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 HB 176. HB 156. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 29-102, relating to covenants contained within a deed, so as to provide that when a grantee accepts a deed, he will be bound by the covenants contained 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 123, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 138. By Messrs. Williams of the 16th, Johnson of the 40th, Ware of the 42nd, Steis of the 100th and Lambert of the 38th: A Bill to be entitled an Act to provide for the use of speed detection devices by counties and municipalities; and for other purposes. An amendment offered by Mr. Parker of the 55th, was read and lost. TUESDAY, FEBRUARY 21, 1967 527 The following amendment was read and adopted: Mr. Higginbotham, 119, moves to amend House Bill No. 138 as follows: By inserting in the title between the word "hearings" and the word "to" the following: "to provide that no speeding violation of less than ten miles per hour above the legal speed limit shall be used by the Department of Public Safety to revoke a drivers license; to provide that no speeding violation report to the Department of Public Safety by counties and municipalities which fails to specify the speed of the violator shall be used by the Department of Public Safety to revoke a drivers license." By adding a new Section to be numbered, Section 9, and to renumber Section 9 as Section 10. "Section 9. No speeding violation of less than ten miles per hour above the legal speed limit in the county or municipality in which a person is given a speeding ticket shall be used by the De partment of Public Safety for the purpose of revoking the driver's license of the violator. No speeding violation report by counties and municipalities to the Department of Public Safety which fails to specify the speed of the violator shall be used by the Department of Public Safety to revoke the driver's license of a violator." An amendment, offered by Messrs. Pafford of the 97th and Irvin of the llth, was read and lost. The following amendment was read and adopted: Mr. Wamble of the 90th moves to amend House Bill 138 as follows: By renumbering Sections 4, 5, 6, 7, 8 and 9 as Sections 6, 7, 8, 9, 10 and 11. By inserting following Section 3, two new Sections to read as follows: "Section 4. Each county and municipality employing the use of speed detection devices shall erect signs on every highway approaching their jurisdiction, and not less than 500 feet therefrom, which will warn approaching motorists that the use of such devices is being employed. Each county and municipality shall also erect signs at least 300 feet away from any change in the speed limit on any such highway." 528 JOURNAL OF THE HOUSE, "Section 5. Evidence obtained by law enforcement officers in using timing devices and radar equipment within 300 feet of a re duction of a speed limit inside an incorporated municipality or within one-half mile of a reduction of a speed limit outside an incorporated municipality shall be inadmissable in the prosecution of a violation of any municipal ordinance, county ordinance or State law regulating speed; nor shall such evidence be admissable in the prosecution of a violation as aforesaid when such violation has occurred within thirty (30) days following a reduction of the speed limit in the area where the violation took place. No speed detection device shall be employed on any portion of any highway which has a grade in excess of 7 per cent. 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 Ballard Barber Barfield Bennett Berry, J. K. Blalock Brown, C. Buck Busbee Games Gates Cheeks Clarke Cole Cook Cooper, J. R. Crowe, William Dean Dickinson Dillon Dodson Douglas Egan Farmer Farrar Funk Gaynor Gignilliat Grahl Grier Hamilton Harris, J. F. Harris, J. R. Hood Howard Jenkins Johnson, B. Jones, M. Knapp Lambert Lambros Lane, Dick Lane, W. J. Lee, W. S. Le vitas Lewis Lowrey Malone Matthews, C. Matthews, D. R. Maxwell McClatchey McDaniell Melton Miller Moore, J. H. Mullinax Palmer Potts Ragland Roach Russell Shanahan Sherman Sims Snow Starnes Steis Sullivan Thompson, R. Threadgill Townsend Tucker Vaughan, D. N. Walling Wamble Ward Ware Wells Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood TUESDAY, FEBRUARY 21, 1967 529 Those voting in the negative were Messrs.: Anderson Battle Berry, C. E. Black Bo wen Brantley, H. L. Caldwell Cato Chandler Collins, M. Cox Crowe, W. J. Dailey Davis DeLong Dollar Doster Edwards Fallin Fleming Floyd Gary Hadaway Hall Harrington Harrison Hill Holder Howell Hutchinson Irvin Johnson, A. S. Joiner Kaylor Kirkey Laite Lee, W. J. (Bill) Leggett Leonard Longino Lovell Magoon Mason Mauldin Merritt Minge Mixon Merritt Minge Mixon Moore, Don C. Nash Nessmith Newton Northcutt Oglesby Otwell Pafford Paris Parker, C. A. Parker, H. W. Parrish Phillips Pickard Poss Rainey Reaves Ross Rowland Rush Savage Scarlett Simmons Smith, G. W. Smith, W. L. Stalnaker Sweat Thompson, A. W. Tye Westlake Whaley Those not voting were Messrs. Bond Bostick Branch Brantley, H. H. Bray Brown, B. D. Collins, J. F. Colwell Conner Cooper, B. Daugherty Dent Dixon Dorminy Gay Hale Harris, R. W. Henderson Higginbotham Jones, C. M. Jordan, G. Jordan, W. H. Land McCracken Moate Moreland Murphy Nimmer Odom Peterson Phillips Richardson Shields Smith, J. R. Smith, V. T. Thomas Turner Underwood Vaughn, C. R. Mr. Speaker On the passage of the Bill, as amended, the ayes were 87, nays 78. The Bill, as amended, having failed to receive the requisite constitutional majority, was lost. 530 JOURNAL OF THE HOUSE, Mr. Williams of the 16th 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 HB 138, as amended. Mr. Lane of the 64th stated that his vote was inadvertantly recorded as 'aye' but he intended to vote 'nay' and wished to be so recorded. HB 42. By Messrs. Moore of the 20th, Minge of the 13th, Leggett of the 21st and Dickinson of the 27th: A Bill to be entitled an Act to amend Code Section 56-2430, relating to the cancellation of insurance policies, so as to require that all insurers notify the insured of the factors upon which the cancellation of any insurance policy is based; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 100, nays 11. The Bill, having failed to receive the requisite constitutional majority, was lost. Mr. Moore of the 20th 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 HB 42. HB 57. By Messrs. Ware and Mullinax of the 42nd and Lovell of the 6th: 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, as amended, so as to provide that in addition to the issuance of license plates, the Revenue Commissioner and his agents shall also issue certain decals, to provide a description of such decals; and for other purposes. Mr. Ware of the 42nd asked unanimous consent that further consideration of this Bill be postponed until Wednesday, February 22, immediately after the period of unanimous consents. The consent was granted, and HB 57 was postponed. TUESDAY, FEBRUARY 21, 1967 531 The Speaker presented Honorable Howard "Bo" Galloway, who briefly addressed the House. The following Resolution was read: HR 145-411 By Mr. Oglesby of the 92nd: A RESOLUTION To seat Honorable J. Terrell Webb of the 65th Representative Dis trict; and for other purposes. WHEREAS, J. Terrell Webb received a majority of the votes cast in the last runoff election for Representative from the 65th Repre sentative District; and WHEREAS, J. Terrell Webb has been certified as the winner of said runoff election by the ordinaries of Bryan and Effingham Coun ties, which comprise the 65th Representative District; and WHEREAS, J. Terrell Webb has been certified as the winner of said runoff election by the Secretary of State; and WHEREAS, the 65th Representative District has been without representation since the 1967 Session of the General Assembly which convened on January 9, 1967; and WHEREAS, the House of Representatives of the United States Congress has established a precedent by seating Representative Ben Blackburn of the 4th Congressional District of Georgia; subject to the outcome of pending court action; and WHEREAS, if we follow the reasoning of not seating a person because of court action, it is possible that each member of this body could be prevented from taking his seat; and WHEREAS, J. Terrell Webb should be seated subject to the out come of the court action which is now pending in said contest. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that upon J. Terrell Webb taking the prescribed oath that he be seated as a member of the House of Representatives for the 1967-68 Session of the General Assembly of Georgia, subject to the final outcome of the court action presently pending contesting his election. There was objection to the adoption of the Resolution. 532 JOURNAL OP THE HOUSE, Mr. Levitas moved that HE 145-411 be referred to the Committee on Rules for further study. The motion prevailed, and the Resolution was referred to the Committee on Rules. By unanimous consent, the following Bill of the House was recommitted to the Committee on Judiciary for further study: HB 83. By Mr. Richardson of the 116th: A Bill to be entitled an Act to amend an Act establishing a State Board of Registration for Professional Engineers and Land Surveyors, as amended, so as to provide additional methods of examining candidates for registration; 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. WEDNESDAY, FEBRUARY 22, 1967 533 Representative Hall, Atlanta, Georgia Wednesday, February 22, 1967 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. William Lee (Bill) Clinton, Pastor First Baptist Church, Bremen, 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 384. By Messrs. Lane of the 126th, Winkles of the 120th, Hill of the 121st, Hood of the 124th, Cook of the 123rd and Dillon of the 128th: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point in Fulton County, so as to create a Local Advisory Board; and for other purposes. Referred to the Committee on Local Affairs. 534 JOURNAL OF THE HOUSE, HB 385. By Messrs. Grier of the 132nd, Lambros of the 130th, Hood of the 124th, Adams of the 125th and others: A Bill to be entitled an Act to amend an Act known as the "Aid to Dependent Children Act", so as to change the definition of the term "dependent child"; and for other purposes. Referred to the Committee on Welfare. HB 386. By Messrs. Henderson and Wilson of the 102nd, Cooper of the 103rd, DeLong of the 105th, Crow and Snow of the 1st, Ware of the 2nd and Underwood of the 61st: A Bill to be entitled an Act to amend Code Section 84-1404 of the Code of Georgia, relating to the Georgia Real Estate Commission, so as to change the number of members of said Commission; and for other purposes. Referred to the Committee on Industry. HB 387. By Mr. Underwood of the 61st: A Bill to be entitled an Act to provide that where a county exercises the power of taxation for public purposes that no levy need state the particular purpose for which the same was made nor shall any taxes collected be allocated for any particular purpose; and for other pur poses. Referred to the Committee on Ways and Means. HB 388. By Messrs. Cole, Smith and Leonard of the 3rd: A Bill to be entitled an Act to amend an Act amending the various Acts incorporating the City of Dalton, so as to authorize the Mayor and Council of the City of Dalton by resolution to designate the county registrar and others in the employ of the county registrar to receive city voter registrations; and for other purposes. Referred to the Committee on Local Affairs. HB 389. By Mr. Leggett of the 21st: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Paulding County, so as to provide certain minimum compensation for the employees of said county; and for other purposes. Referred to the Committee on Local Affairs. HB 390. By Mr. Leggett of the 21st: A Bill to be entitled an Act to amend an Act amending and supersed ing the several Acts incorporating the Town of Hiram, so as to author- WEDNESDAY, FEBEUARY 22, 1967 535 ize the mayor and council to appoint a recorder and preside over the Recorder's Court; and for other purposes. Referred to the Committee on Local Affairs. HR 137-390. By Messrs. Grier of the 132nd, Lambros of the 130th, Winkles of the 120th, Hood of the 124th, Adams of the 125th and others: A Resolution creating a committee to study the subject of crime among juveniles; and for other purposes. Referred to the Committee on Rules. HR 138-390. By Messrs. Newton and Lewis of the 50th: A Resolution authorizing the grant of an easement and transfer of certain real property located in Jenkins County; and for other pur poses. Referred to the Committee on State Institutions & Property. HB 391. By Mr. Grahl of the 52nd: A Bill to be entitled an Act to amend Code Section 23-2304 relating to the burial of paupers, so as to prescribe a minimum and maximum figure which may be expended by the County for the burial of paupers; and for other purposes. Referred to the Committee on Welfare. HB 392. By Mr. Vaughn of the 117th: A Bill to be entitled an Act to appeal Sections 83-101 through 83-106 and 83-118 of the Code of Georgia, so as to provide a procedure for the condemnation of Private Ways by individual persons and corpora tions to go from and return to their farms, places of residence, and places of business; and for other purposes. Referred to the Committee on Highways. HB 393. By Mr. Jones of the 76th: A Bil to be entitled an Act to amend Section 38-418 of the Code of Georgia relative to admissions and communications excluded from consideration of public policy to provide that communications between psychiatrist and patient shall be privileged except in cases involving custody or welfare of minor children; and for other purposes. Referred to the Committee on Special Judiciary. 536 JOURNAL OF THE HOUSE, HB 394. By Messrs. Johnson of the 40th, Williams and Wood of the 16th: A Bill to be entitled an Act to amend Code Title 68, relating to motor vehicles, so as to remove certain vehicles from the exemption of regu lation as motor contract carriers and motor common carriers; and for other purposes. Referred to the Committee on Motor Vehicles. HB 395. By Mr. Dorminy of the 72nd: A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to require the holder of a lien or security interest filed with the State Revenue Department on any vehicle to also record said lien or security interest with the clerk of the superior court of the county of the residence of the owner of said vehicle; and for other purposes. Referred to the Committee on Special Judiciary. HB 396. By Mr. Dorminy of the 72nd: A Bill to be entitled an Act to amend Code Section 88-1715 relating to death registrations, so as to require the Department of Public Health to forward to the county of the residence of any deceased person a copy of his death certificate in the event he died in a county other than the county of his residence; and for other purposes. Referred to the Committee on Judiciary. HB 397. By Messrs. Smith of the 3rd, Hale of the 1st and Irvin of the llth: A Bill to be entitled an Act to be known as the "Water Resources Planning and Coordinating Act"; and for other purposes. Referred to the Committee on Hygiene & Sanitation. HB 398. By Mr. Farrar of the 118th: A Bill to be entitled an Act to amend Section 21-105 of the Code of Georgia so as to provide that Coroners in counties having a population of not less than 250,000 and not more than 500,000 shall receive a salary in lieu of the fees allowed by law for holding inquests; and for other purposes. Referred to the Committee on Local Affairs. HB 399. By Messrs. Dodson of the 107th, Ragland, Knapp and Wilson of the 109th and Miller of the 108th: A Bill to be entitled an Act to amend an Act re-enacting the charter of the City of Macon, so as to repeal Section 72A of the said charter WEDNESDAY, FEBRUARY 22, 1967 537 added by the said Act of 1965 relating to the powers of the City of Macon with respect to streets, including those dedicated by the State, to re-enact in lieu thereof a new Section 72A; and for other purposes. Referred to the Committee on Local Affairs. HR 139-399. By Mrs. Hamilton of the 137th: A Resolution proposing an amendment to the Constitution so as to exempt owners of structures used for human habitation from all ad valorem taxation on the increased value caused by repairs to said structures as required by a municipality or county under the provisions of its housing code; and for other purposes. Referred to the Committee on Ways and Means. HB 400. By Messrs. Harris of the 118th, Busbee of the 79th and Alexander of the 133rd: A Bill to be entitled an Act to provide the procedure for findings as to whether certain persons are "dangerous offenders"; and for other purposes. Referred to the Committee on Judiciary. HB 401. By Messrs. Harris of the 118th, Busbee of the 79th and Alexander of the 133rd: A Bill to be entitled an Act to provide that persons accused of crime, who have not been previously convicted of a felony or misdemeanor, with their consent, be placed on probation after a finding but before an adjudication of guilt; and for other purposes. Referred to the Committee on Judiciary. HB 402. By Messrs. Murphy of the 26th, Paris of the 23rd and Irvin of the llth: A Bill to be entitled an Act to amend an Act known as the "Georgia Police Academy Act", so as to abolish the Georgia Police Academy Board"; and for other purposes. Referred to the Committee on State of Republic. HB 403. By Messrs. Walling of the 118th, Malone of the 117th and Jenkins of the 119th: A Bill to be entitled an Act to amend an Act revising the laws pertain ing to the governing authority of DeKalb County, so as to increase the number of members on the Board of Commissioners; and for other purposes. Referred to the Committee on Local Affairs. 538 JOURNAL OF THE HOUSE, HE 141-403. By Messrs. McDaniell and Howard of the 101st, Wilson and Henderson of the 102nd and Cooper 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 State of Republic. HR 142-403. By Messrs. Farrar and Harris of the 118th, Barber of the 24th and Irvin of the llth: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a retirement system for all employees of public schools who are not covered by the Teachers' Retirement System; and for other purposes. Referred to the Committee on Special Judiciary. HB 404. By Messrs. Mason and Nash of the 22nd: A Bill to be entitled an Act to repeal an Act creating a Board of County Commissioners, so as to create a new Board of Commissioners of Roads and Revenues of Gwinnett County; and for other purposes. Referred to the Committee on Local Affairs. HB 405. By Messrs. Farrar of the 118th, Parker of the 55th, Irvin of the llth, Egan of the 141st and Jones of the 112th: A Bill to be entitled an Act to amend an Act creating the Department of Revenue and the Office of State Revenue Commissioner, so as to change the provisions relating to the appointment of arbitrators chosen by the Governor; and for other purposes. Referred to the Committee on Judiciary. HB 406. By Messrs. Farrar of the 118th, Parker of the 55th, Irvin of the llth, Egan of the 141st and Jones of the 112th: A Bill to be entitled an Act to provide that it shall be the duty of the State Revenue Commissioner to determine the value of property re ported in those returns required to be filed with him; and for other purposes. Referred to the Committee on Judiciary. HB 407. By Messrs. Dean and Moore of the 20th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Polk, WEDNESDAY, FEBRUARY 22, 1967 539 so as to provide a veto power for the Chairman of Roads and Revenues; and for other purposes. Referred to the Committee on Local Affairs. HB 408. By Messrs. Conner of the 91st, Cox of the 127th and Lambros of the 130th: A Bill to be entitled an Act to amend Code Chapter 56-18 of the Georgia Insurance Code, so as to provide that the persons authorized to render such services under said Chapter 56-18 of the Georgia Insur ance Code shall include those services and persons authorized to render such service under the provisions of the laws of this State relating to the practice of podiatry; and for other purposes. Referred to the Committee on Insurance. HB 409. By Messrs. Leggett of the 21st, Dean of the 20th, Gates of the 123rd, Jenkins of the 119th and Lovell of the 6th: A Bill to be entitled an Act to amend Code Section 84-1404, relating to the Georgia Real Estate Commission, so as to provide that the Com mission shall consist of 10 members who shall be appointed by the Governor with one member being appointed from each congressional district; and for other purposes. Referred to the Committee on Industry. HR 143-409. By Messrs. Gaynor and Smith of the 114th, Gignilliat and Berry of the 113th, Battle, Funk and Richardson of the 116th, Tye and Whaley of the 115th: 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 Local Affairs. HR 144-409. By Messrs. Rowland and Joiner of the 48th: A Resolution compensating Mrs. Geneva J. Harrison; and for other purposes. Referred to the Committee on Appropriations. HB 410. By Mr. Conner of the 91st: A Bill to be entitled an Act to amend the Georgia Administrative Procedure Act, so as to exempt from the provisions of said Act the 540 JOURNAL OF THE HOUSE, Comptroller-General's office and all departments thereunder; and for other purposes. Referred to the Committee on Insurance. HB 411. By Mr. Conner of the 91st: A Bill to be entitled an Act to amend an Act creating the Office of Georgia Safety Fire Commissioner, so as to change the authority of the Commissioner relative to buildings constituting a special hazard, certificates of occupancy, flammable substances constituting a special hazard; and for other purposes. Referred to the Committee on Insurance. HB 412. By Mr. Barber of the 24th, Lane of the 64th and Rowland of the 48th: A Bill to be entitled an Act to amend Code Section 40-504, relating to the salary of the Secretary of State, so as to provide for the com pensation and allowances of the Secretary of State; and for other purposes. Referred to the Committee on State of Republic. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 329. By Mr. Steis of the 100th: A Bill to be entitled an Act to amend Code Chapter 84-4, relating to barbers and manicurists, barber shops, barber schools and barber col leges, and creating a Georgia State Board of Barbers, so as to change certain provisions relative to examinations for certificates of registra tion as a master barber; and for other purposes. HB 330. By Mr. Moore of the 20th: A Bill to be entitled an Act to amend Code Section 32-1006, relating to the compensation, certification and classification of county superin tendents of schools, so as to provide that county superintendents of schools shall not be certified and classified in the manner in which teachers are certified and classified; and for other purposes. HB 331. By Mr. Moore of the 20th: A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", so as to provide for separate classifications of professional personnel required to be certificated by the State Board of Education; and for other purposes. WEDNESDAY, FEBRUARY 22, 1967 541 HB 332. By Mr. Moore of the 20th: A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Polk County, so as to provide that the Tax Commis sioner of Polk County submit an annual budget to the Board of Com missioners of Roads and Revenues for approval; and for other purposes. HB 333. By Messrs. Miller of the 108th, Wilson, Ragland and Laite of the 109th: A Bill to be entitled an Act to amend an Act reinstating the charter of the City of Macon, so as to provide maximum working hours for firemen employed by the City of Macon; and for other purposes. HB 334. By Messrs. Sullivan, Barfield and Bennett of the 95th: A Bill to be entitled an Act to amend an Act incorporating the City of Valdosta, so as to change the corporate limits of the City of Valdosta; and for other purposes. HB 335. By Messrs. Sullivan, Barfield and Bennett of the 95th: A Bill to be entitled an Act to provide that all deeds or instruments must contain a recital designating the last recorded instrument effect ing the property embraced within the deed or instrument; and for other purposes. HB 336. By Mr. Murphy of the 26th: A Bill to be entitled an Act creating the Department of Public Safety, so as to increase the number of captains, 1st lieutenants, sergeants and corporals in a batallion; and for other purposes. HB 337. By Mr. Carnes of the 129th: A Bill to be entitled an Act to amend an Act authorizing the govern ing authorities of the several municipalities and counties of this State to establish planning commissions, so as to include within the defini tion of streets, public building sites and public open spaces, right-ofway and facilities of or needed in connection with a system of public transportation of passengers for hire; and for other purposes. HB 338. By Messrs. Sullivan, Barfield and Bennett of the 95th: A Bill to be entitled an Act to amend an Act incorporating the City of Valdosta, so as to provide for the voting by absentee ballots; and for other purposes. 542 JOURNAL OF THE HOUSE, HB 339. By Messrs. Sullivan, Barfield and Bennett of the 95th: A Bill to be entitled an Act to amend an Act incorporating the City of Valdosta, so as to authorize the City to contract with Lowndes County in regard to the administrative and clerical matters pertaining to ad valorem taxes levied by the City of Valdosta; and for other purposes. HB 340. By Messrs. Cole, Leonard and Smith of the 3rd: A Bill to be entitled an Act to amend an Act consolidating the various acts incorporated in the City of Dalton, so as to incorporate in said City certain parts of Land Lots Nos. 158, 185, 196, 223 and 261 in the 12th District and 3rd Section of Whitfield County, not now incorporated in said City; and for other purposes. HB 341. By Mr. Games of the 129th: A Bill to be entitled an Act to amend a "Mapped Streets Plan", so as to include within the definition of "streets" right-of-way and facilities of or needed in connection with a system of public transportation of passengers for hire; and for other purposes. HB 342. By Messrs. Threadgill and Wiggins of the 32nd: A Bill to be entitled an Act to amend an Act known as the "Current Income Tax Payment Act of 1960", so as to provide for the payment of the amount of tax withheld from employees' wages on a monthly basis under certain circumstances; and for other purposes. HB 343. 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 provide that any person qualifying under Section 94A of this Act may fish for bait in salt waters with power drawn nets at any time; and for other purposes. HB 344. By Mr. Bowen of the 69th: A Bill to be entitled an Act to amend an Act found in Georgia Laws, 1915, so as to extend the corporate limits of the City of Vienna; and for other purposes. HB 345. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: 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. WEDNESDAY, FEBRUARY 22, 1967 543 HB 346. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "State Office Building Authority Act", so as to change the membership com prising the Authority; and for other purposes. HB 347. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "State Hospital Authority Act", so as to change the name of the Authority; and for other purposes. HB 348. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as "An Act to create the State Hospital Authority", so as to change the membership comprising the Authority; and for other purposes. HB 349. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "State Penal and Rehabilitation Authority Act", so as to change the name of the Authority; and for other purposes. HB 350. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "Georgia Farmers Market Authority Act", so as to change the name of the Authority; and for other purposes. HB 351. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "University System Building Authority Act", so as to change the name of the Authority; and for other purposes. HB 352. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "State School Building Authority Act", so as to change the name of the Authority; and for other purposes. 544 JOURNAL OF THE HOUSE, HB 353. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "Jekyll Island - State Park Authority Act", so as to change the name of the Authority; and for other purposes. HB 354. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "Stone Mountain Memorial Association Act", so as to change the name of the Association; and for other purposes. HB 355. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "Georgia Ports Authority Act", so as to authorize the use of services of the Georgia Building Authority; and for other purposes. HB 356. By Messrs. Fleming and Maxwell of the 106th, Sherman of the 105th and Dent of the 104th: A Bill to be entitled an Act to provide for the payment of witness fees of certain law enforcement officers who are required to appear to testify in the courts of certain counties on their off-duty hours; and for other purposes. HB 357. By Messrs. Russell and Oglesby of the 92nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Boston in the County of Thomas, so as to provide that the aldermen of said city shall be chosen and elected to fill one of five distinct and designated posts numbered 1 through 5 inclusive; and for other purposes. HB 358. By Messrs. Russell and Oglesby of the 92nd: A Bill to be entitled an Act to amend an Act establishing the City Court of Thomasville, so as to change the salary of the judge of said court; and for other purposes. HR 132-358. By Mr. Fleming of the 106th: 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. WEDNESDAY, FEBRUARY 22, 1967 545 HB 359. By Messrs. Russell and Oglesby of the 92nd: A Bill to be entitled an Act to amend an Act establishing the salary of the sheriff of Thomas County, so as to change the compensation of the sheriff; and for other purposes. HB 360. By Mr. Laite of the 109th: A Bill to be entitled an Act to amend an Act creating a State Deposi tory Board, so as to provide that the Board shall select as depositories of State funds those banks and trust companies which are otherwise qualified to act as State depositories and shall make loans to students which enable them to attend higher educational institutions; and for other purposes. HB 361. By Messrs. Oglesby and Russell of the 92nd: A Bill to be entitled an Act to amend an Act creating the City Court of Thomasville, so as to change the salary of the solicitor of said court; and for other purposes. HB 362. By Messrs. Gary and Lee of the 35th: A Bill to be entitled an Act to provide that in all counties of this State having a population of not less than 46,000 nor more than 47,000, the judge of the superior court of such counties shall be authorized to appoint the clerk of the superior court of such counties to serve as jury clerk; and for other purposes. HB 363. By Messrs. Oglesby and Russell of the 92nd: A Bill to be entitled an Act to amend the Charter of the City of Thomas ville, so as to change the salary to be received by the Commissioners and the salary to be received by the one of their number designated as Mayor; and for other purposes. HB 364. By Messrs. Oglesby and Russell of the 92nd: A Bill to be entitled an Act to amend an Act establishing the CityCourt of Thomasville, so as to provide for an increase in the salary of the Solicitor of said court from $3900 per annum to $4800 per annum, and to set an effective date; and for other purposes. HB 365. By Mr. Lane of the 64th: A Bill to be entitled an Act to fix the salaries of the Governor, the Attorney General, the Commissioner of Agriculture, the Commissioner of Labor, the Comptroller General, the Secretary of State, the State 546 JOURNAL OF THE HOUSE, Superintendent of Schools, the State Treasurer, each member of the Public Service Commission; and the Lieutenant Governor; and for other purposes. HB 366. By Messrs. Phillips of the 41st, Lane of the 64th and Parker of the 55th: A Bill to be entitled an Act to amend an Act creating the Georgia Recreation Commission, so as to provide that members of the Commis sion shall receive a per diem and reimbursement for their actual ex penses incurred for each day served on official business of the Com mission; and for other purposes. HB 367. By Mr. Howard of the 101st: A Bill to be entitled an Act to authorize the judge or judges of the superior courts of each county to appoint the clerk of the superior court or his assistant as jury clerk; and for other purposes. HB 368. By Messrs. Howard of the 101st, Cooper of the 103rd, Henderson and Wilson of the 102nd: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said City; and for other purposes. HB 369. 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 change the salary of the ordinary; and for other purposes. HB 370. By Mr. Moore of the 12th: A Bill to be entitled an Act to amend an Act placing the sheriff of Stephens County upon an annual salary, so as to provide for additional funds for clerical assistance in the sheriff's office; and for other purposes. HB 371. By Messrs. Bennett, Sullivan and Barfield of the 95th: A Bill to be entitled an Act to amend an Act creating the City Court of Valdosta, so as to change the name of said court; to change the manner and method of selecting the judge and solicitor of said court; and for other purposes. HB 372. By Mr. Ballard of the 37th: A Bill to be entitled an Act to amend an Act providing for a Board of Directors and a Commissioner of Roads and Revenues for Newton WEDNESDAY, FEBRUARY 22, 1967 547 County, so as to change the compensation of the Commissioner; and for other purposes. HB 373. By Messrs. Pickard of the 112th and Jones of the 76th: A Bill to be entitled an Act to declare that the rates, services and operations of mobile radio common carriers are in the public interest; and for other purposes. HB 374. By Messrs. Smith and Gaynor of the 114th, Gignilliat and Berry of the 113th, Tye and Whaley of the 115th, Battle, Richardson and Funk of the 116th: A Bill to be entitled an Act to amend an Act revising the laws relating to subpoenas and other like processes, so as to provide for payment of fees to any sheriff, deputy sheriff, or member of any municipal or county police force attending any court having jurisdiction to enforce penal laws of this State or attending any grand jury or juvenile court; and for other purposes. HB 375. By Messrs. Harris and Vaughan of the 14th: A Bill to be entitled an Act to amend an Act to change from the fee to the salary system in Bartow County the sheriff, the clerk of the superior court, and the ordinary of such county, so as to change the compensation of the ordinary; and for other purposes. HB 376. By Messrs. Harris and Vaughan of the 14th: A Bill to be entitled an Act to amend an Act to change from the fee to the salary system in Bartow County, the clerk of the superior court, and the ordinary of such county, so as to change the compensation of the clerk of the superior court; and for other purposes. HB 377. By Messrs. Harris and Vaughan of the 14th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Bartow County, so as to change the compensation of the Commissioner; and for other purposes. HB 378. By Messrs. Harris and Vaughan of the 14th: A Bill to be entitled an Act to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis, so as to change the compensation of the sheriff, his deputies, and other employees; and for other pur poses. 548 JOURNAL OF THE HOUSE, HB 379. By Messrs. Harris and Vaughan of the 14th: A Bill to be entitled an Act to amend an Act to consolidate the offices of tax receiver and tax collector of Bartow County into the office of tax commissioners, so as to change the compensation of the tax com missioner and the deputy tax commissioner; and for other purposes. HB 380. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 38th: A Bill to be entitled an Act to create fiscal affairs sub-committees of the Senate and House of Representatives; and for other purposes. HB 381. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 38th: A Bill to be entitled an Act to create the Legislative Audit Committee; and for other purposes. HB 382. By Messrs. McDaniell of the 101st, Wilson of the 102nd and Harris of the 85th: A Bill to be entitled an Act to amend an Act entitled "State Properties Control Code", so as to provide that the General Assembly shall have the power to lease on behalf of the State Properties Control Commis sion and the State of Georgia, the property of the W & A Railroad used or useful for railroad purposes; and for other purposes. HB 383. By Mr. McDaniell of the 101st: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Cobb County, so as to pro vide that the Board of Commissioners shall set the compensation of the Comptroller; and for other purposes. HR 133-383. By Messrs. McDaniell of the 101st and Wilson of the 102nd: A Resolution accepting the offer of Louisville and Nashville Railroad Company to lease the Western and Atlantic Railroad; and for other purposes. HR 145-411. By Mr. Oglesby of the 92nd: A Resolution to seat Honorable J. Terrell Webb of the 65th Repre sentative District; and for other purposes. WEDNESDAY, FEBRUARY 22, 1967 549 Mr. Odom of 79th, Acting Chairman of the Committee on Banks & Bank ing, submitted the following report: Mr. Speaker: Your Committee on Banks & Banking has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 196. Do Pass by Committee Substitute. HB 198. Do Pass. HB 155. Do Not Pass. HB 255. Do Pass. HB 256. Do Pass. Respectfully submitted, Odom of 79th, Acting Chairman. Mr. Barber of 24th, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation: HB 60. Do Pass. Respectfully submitted, Barber of 24th, Chairman. Mr. Rainey of 69th, Chairman of the Committee on Game and Fish, sub mitted the following report: Mr. Speaker: Your Committee on Game & Fish has had under consideration the follow ing Bills of the House and has instructed me as Chairman, to report the same back with the following recommendations: 550 JOURNAL OF THE HOUSE, HB 343. Do Pass. HB 62. Do Not Pass. HB 63. Do Not Pass. Respectfully submitted, Rainey of 69th, Chairman. Mr. Phillips of 41st, Chairman of the Committee on Interstate Coopera tion, submitted the following report: Mr. Speaker: Your Committee on Interstate Cooperation has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation: HB 311. Do Pass. Respectfully submitted, Phillips of 41st, Chairman. Mr. Harris of 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 292. Do Pass. HB 324. Do Pass. SB 45. Do Pass. HB 247. Do Pass. HB 224. Do Pass as Amended. HB 225. Do Pass as Amended. HB 281. Do Pass. Respectfully submitted, Harris of 118th, Chairman. WEDNESDAY, FEBRUARY 22, 1967 551 Mr. Caldwell of Blst, Chairman of the Committee on Legislative and Con gressional Reapportionment, submitted the following report: Mr. Speaker: Your Committee on Legislative and Congressional Reapportionment 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 recom mendation : HB 328. Do Pass by Substitute. Respectfully submitted, Caldwell of 51st, Chairman. Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs, sub mitted the following report: Mr. Speaker: Your Committee on Local Affairs has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 122. Do Pass by Committee Substitute. HB 334. Do Pass. HB 338. Do Pass. HB 339. Do Pass. HB 340. Do Pass. HB 356. Do Pass. HB 357. Do Pass. HB 358. Do Pass. HB 359. Do Pass. HB 361. Do Pass. HB 362. Do Pass. HB 363. Do Pass. HB 364. Do Pass. HB 369. Do Pass. HB 370. Do Pass. 552 JOURNAL OF THE HOUSE, HB 372. Do Pass. HB 376. Do Pass. Respectfully submitted, Clarke of 45th, Chairman. Mr. Steis of 100th, Chairman of the Committee on Special Judiciary, sub mitted 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 273. Do Pass. HB 274. Do Pass. HB 307. Do Pass. Respectfully submitted, Steis of 100th, Chairman. Mr. McCracken of 49th, 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 82. Do Pass. HB 231. Do Pass. HR 120-296. Do Pass. Respectfully submitted, McCracken of 49th, Chairman. Mr. Melton of 34th, Chairman of the Committee on Ways and Means, sub mitted the following report: WEDNESDAY, FEBRUARY 22, 1967 553 Mr. Speaker: Your Committee on Ways and Means 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 258. Do Pass as Amended. Respectfully submitted, Melton of 34th, Chairman. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the follow ing Bills of the Senate, to-wit: SB 1. By Senators Wesberry of the 37th, Rowan of the 8th, Adams of the 26th 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; to repeal conflicting laws; and for other purposes. SB 16. By Senators Johnson of the 42nd and Smalley of the 28th: A Bill to be entitled an Act to amend Code Chapter 9-4 relating to the definition and regulation of the practice of law, as amended, so as to prescribe conditions under which third-year law students may render legal services to indigent persons as if admitted and licensed to prac tice law in this State; and for other purposes. SB 23. By Senator Carter of the 14th: A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities, so as to extend the purpose for which funds may be expended in certain municipalities; and for other purposes. SB 84. By Senator Andrews of the 49th: 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; to repeal conflicting laws; and for other purposes. 554 JOURNAL OF THE HOUSE, By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time: HB 122. By Messrs. Oglesby and Russell of the 92nd: A Bill to be entitled an Act to amend an Act establishing a system of public schools in the City of Thomasville, as amended, so as to increase the maximum tax rate which may be levied for the maintenance and operation of said public schools; and for other purposes. The following Committee substitute was read and adopted: A BILL To be entitled an Act to amend an Act establishing a system of public schools in the City of Thomasville, approved November 30, 1900 (Ga. Laws 1900, p. 451), as amended, particularly by an Act approved February 27, 1962 (Ga. Laws 1962, p. 2301), so as to increase the maximum permissible tax which may be levied for the maintenance and operation of such public school system; to provide for a referen dum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. An Act establishing a system of public schools in the City of Thomasville, approved November 30, 1900 (Ga. Laws 1900, p. 451), as amended, particularly by an Act approved February 27, 1962 (Ga. Laws 1962, p. 2301), is hereby amended by striking from the first paragraph of Section 6 the following: "not to exceed one and one-half per cent", and substituting in lieu thereof the following: "not to exceed two per cent", so, that, when so amended, Section 6 shall read as follows: "Section 6. Be it further enacted by the authority aforesaid, that the said board of education shall determine, as early as prac ticable in each year, what amount of money will be necessary to raise by taxation to defray the expenses of said public schools for the ensuing year, and shall lay the same before the board of com missioners for the City of Thomasville, and the board of commis sioners for the City of Thomasville are hereby authorized, and shall be required, to levy a tax annually in addition to that now authorized by the law on all the taxable property of said city, not to exceed two per cent on the same, and when collected, the collect ing officers of said city shall pay the same over to the treasurer WEDNESDAY, FEBRUARY 22, 1967 555 of said board of education to be disbursed for the maintenance of said public schools, and be paid out under order of said board under such regulations as they may prescribe. Said taxes shall be collected by levy and sale as other taxes of said city are collected." Section 2. It shall be the duty of the Mayor of the City of Thomasville to issue the call for an election for the purpose of submitting this Act to the voters of the City of Thomasville for approval or rejection. The Mayor shall set the date of such election prior to October 31, 1967. The Mayor shall cause the date and purpose of the election to be pub lished once a week for two weeks immediately preceding the date thereof, in the official organ of Thomas County. The ballot shall have written or printed thereon the words: "For approval of the Act to increase the maximum permissible tax which may be levied for the maintenance and operation of the public school system of the City of Thomasville. "Against approval of the Act to increase the maximum per missible tax which may be levied for the maintenance and opera tion of the public school system of the City of Thomasville." All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Thomasville. It shall be the duty of the Mayor 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 Mayor to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 181. By Messrs. Bennett and Barfield of the 95th, Fallin of the 94th, Oglesby of the 92nd and others: A Bill to be entitled an Act to amend an Act providing for a salary system in lieu of a fee system for the Solicitor General of the Southern 556 JOURNAL OF THE HOUSE, Judicial Circuit, so as to change the compensation of said Solicitor General; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 270. By Messrs. Wilson and Henderson of the 102nd, McDaniell and How ard of the 101st and Cooper of the 103rd: A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951, so as to permit the solicitor general to practice law to the extent that he may complete all cases and matters in which he was retained or employed prior to assuming the official duties of 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 120, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 310. By Messrs. Gay and Douglas of the 60th: A Bill to be entitled an Act to provide revenue and a source of revenue for the purpose of improving the operation of the courts and promot ing justice in certain counties of this state; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed. WEDNESDAY, FEBRUARY 22, 1967 557 HB 316. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd and Cooper of the 103rd: A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. Laws 1951, p. 184), as amended, so as to authorize the solicitor general to appoint such addi tional investigators as may be approved by the governing authority 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 120, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 317. By Messrs. Bennett, Sullivan and Barfield of the 95th: A Bill to be entitled an Act to create and incorporate the Town of Dasher in the County of Lowndes and the State of Georgia; to grant a charter to that municipality vinder that name and style; and for other purposes. The report 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 318. By Mr. Savage of the 58th: A Bill to be entitled an Act to implement the constitutional amendment creating the "Schley County Development Authority"; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 120, nays 0. 558 JOURNAL OP THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HB 323. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd and Cooper of the 103rd: 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 increase the corporate limits of said city; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed. HE 114-294. By Messrs. Smith of the 114th, Funk, Richardson and Battle of the 116th, Tye and Whaley of the 115th, Berry and Gignilliat of the 113th: A RESOLUTION Proposing to the qualified voters of Chatham County an amend ment to Article VII, Section I, Paragraph III of the Constitution of the State of Georgia of 1945, providing for tax equalization by authoriz ing levying of taxes other than taxes on real and personal property; by providing for reduction of ad valorem taxes on real and personal property; by providing for the submission of this amendment for ratifi cation or rejection by the people of Chatham County; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: SECTION 1 Article VII, Section I, Paragraph III of the Constitution of Geor gia, as amended, is hereby amended by adding at the end thereof the following: "The County Commissioners and ex.officio judges of Chat ham 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 provided if said con stitutional amendment is passed shall be imposed by the authority of this constitutional amendment, the same shall be further sub- WEDNESDAY, FEBRUARY 22, 1967 559 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 ap proved 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 operations 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 ninety (90%) 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 imposi tion of the ad valorem tax when the operation 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 ninety (90%) per cent or more of the new revenue received by such addi tional taxes bears to the total amount of ad valorem taxes required for the operations 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 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. "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 560 JOURNAL OF THE HOUSE, be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. The report of the committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, J. K. Black Blalock Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Cheeks Cole Collins, J. F. Collins, M. Cooper, J. R. Cox Crowe, W. J. Dailey Davis Dean Dickinson Dillon Dodson Dollar Douglas Edwards Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grier Hall Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hill Holder Hood Howell Hutchinson Irvin Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Land Lane, Dick Lane, W. J. Lee, W. J. Leggett Longino Lovell Lowrey Magoon Malone Matthews, C. Mauldin McClatchey McDaniell Melton Merritt Miller Minge Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Nessmith Nimmer Northcutt Oglesby Otwell Pafford Palmer Parker, C. A. Phillips Pickard Poss Potts Ragland Reaves Roach Rowland Rush Russell Savage Shanahan Simmons Sims Smith, J. R. Smith, W. L. S tames Steis Sullivan WEDNESDAY, FEBRUARY 22, 1967 561 Thomas Thompson, A. W. Threadgill Town send Turner Tye Underwood Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Wood Those not voting were Messrs.: Berry, C. E. Bond Bostick Bo wen Chandler Clarke Colwell Conner Cook Cooper, B. Crowe, William Daugherty DeLong Dent Dixon Dorminy Doster Egan Fallin Farmer Farrar Grahl Hadaway Hale Hamilton Harrington Henderson Higginbotham Howard Laite Lambert Lambros Lee, W. S. Leonard Levitas Lewis Mason Matthews, D. R. Maxwell McCracken Murphy Nash Newton Odom Paris Parker, H. W. Parrish Peterson Rainey Richardson Ross Scarlett Sherman Shields Smith, 0. W. Smith, V. T. Snow Stalnaker Sweat Thompson, R. Tucker Vaughan, D. N. Walling Winkles Mr. Speaker On the adoption of the Resolution, the ayes were 139, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 119-294 By Mr. Moore of the 12th: A RESOLUTION Proposing an amendment to the Constitution, so as to provide for the establishment of fire protection districts in Stephens County; to provide for a referendum in the area affected before any such fire protection districts may be established in Stephens County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. 562 JOURNAL OP THE HOUSE, 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 of Georgia is hereby authorized to grant to the governing authority of Stephens County the authority to district areas outside the City of Toccoa in said county for the purpose of providing systems of fire protection and to authorize said county to levy tax only upon the taxable property in such district for the purpose of constructing and maintaining such im provements. The total levy provided for herein shall be levied with out allowance of any exemptions heretofore set forth in the constitution and laws of this state. The provisions of this amend ment shall not become effective in any district until and unless a majority of the voters voting in an election called for this purpose in said district first approve by a vote the establishment of a dis trict for said purposes." SECTION 2 When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georiga 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 empower the governing authority of Stephens County to establish and ad- NO ( ) minister fire protection districts after a favorable vote by a majority of the qualified voters voting in an election held thereon in the affected area?" 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. WEDNESDAY, FEBRUARY 22, 1967 563 The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. 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 Ballard Barber Barfield Battle Bennett Berry, J. K. Black Blalock Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Cheeks Cole Collins, J. F. Collins, M. Cooper, J. R. Cox Crowe, W. J. Dailey Davis Dean Dickinson Dillon Dodson Dollar Douglas Edwards Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grier Hall Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hill Holder Hood Howell Hutchinson Irvin Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Longino Lovell Lowrey Magoon Malone Matthews, C. Mauldin McClatchey McDaniell Melton Merritt Miller Minge Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Nessmith Nimmer Northcutt Oglesby Otwell Pafford Palmer Parker, C. A. Phillips Pickard Poss Potts Ragland Reaves Roach Rowland Rush Russell Savage Shanahan Simmons Sims Smith, J. R. Smith, W. L. Starnes Steis Sullivan Thomas Thompson, A. W. Threadgill Townsend Turner Tye Underwood Vaughn, C. R. Wamble Ward Ware Wells 564 Westlake Whaley Wiggins JOURNAL OF THE HOUSE, Williams Wilson, J. M. Wilson, R. W. Wood Those not voting were Messrs.: Berry, C. E. Bond Bostick Bowen Chandler Clarke Colwell Conner Cook Cooper, B. Crowe, William Daugherty DeLong Dent Dixon Dorminy Doster Egan Fallin Farmer Farrar Grahl Hadaway Hale Hamilton Harrington Henderson Higginbotham Howard Laite Lambert Lambros Lee, W. S. Leonard Levitas Lewis Mason Matthews, D. R. Maxwell McCracken Murphy Nash Newton Odom Paris Parker, H. W. Parrish Peterson Rainey Richardson Ross Scarlett Sherman Shields Smith, C. W. Smith, V. T. Snow Stalnaker Sweat Thompson, R. Tucker Vaughan, D. N. Walling Winkles Mr. Speaker On the adoption of the Resolution, the ayes were 139, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. By unanimous consent, the following' Bills of the House were withdrawn from the Committee on Special Judiciary and referred to the Committee on Local Affairs: HB 250. By Messrs. Westlake, Higginbotham and Davis of the 119th and Smith of the 117th: A Bill to be entitled an Act to provide for a bond accountability pro cedure for certain counties; and for other purposes. HB 312. By Mr. Edwards of the 57th: A Bill to be entitled an Act creating a small claims court in each county in this state having a population of not less than 8,250 and not more than 8,350; and for other purposes. WEDNESDAY, FEBRUARY 22, 1967 565 The following Bills of the House were taken up for the purpose of reconsider ing the action of the House in failing to give the requisite constitutional majority thereto: HB 138. By Messrs. Williams of the 16th and Johnson of the 40th: A Bill to be entitled an Act to provide for the use of speed detection devices by counties and municipalities; and for other purposes. Mr. Williams of the 16th moved that the House reconsider its action in failing to give the requisite constitutional majority and that HB 138 be placed on the Calendar for further consideration. On the motion to reconsider, the roll call was ordered and the vote was follows: Those voting in the affirmative were Messrs. Adams Alexander Anderson Barber Barfield Bennett Blalock Branch Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Busbee Games Cheeks Cole Collins, J. F. Colwell Cooper, J. R. Crowe, William Davis Dickinson Dillon Dodson Douglas Edwards Egan Fleming Gary Gay Gignilliat Grier Harris, J. F. Harris, J. R. Holder Hood Howard Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, W. H. Kaylor Knapp Lambros Lane, Dick Leggett Levitas Lowrey Malone Matthews, C. McClatchey McDaniell Melton Merritt Miller Mullinax Nimmer Oglesby Otwell Palmer Paris Poss Potts Ragland Reaves Russell Savage Shanahan Simmons Sims Starnes Steis Sullivan Townsend Turner Vaughan, D. N. Wamble Ward Ware Wells Williams Wilson, R. W. Winkles Wood 566 JOURNAL OP THE HOUSE, Those voting in the negative were Messrs. Battle Berry, J. K. Brantley, H. L. Caldwell Cato Chandler Collins, M. Crowe, W. J. Dollar Floyd Funk Gaynor Hall Harrington Harris, R. W. Harrison Hutchinson Jenkins Joiner Jordan, G. Lane, W. J. Longino Mason Moore, Don C. Moore, J. H. Nessmith Newton Northcutt Parker, C. A. Richardson Rowland Rush Shields Smith, J. R. Smith, W. L. Sweat Thomas Tye Underwood Whaley Those not voting were Messrs.: Ballard Berry, C. E. Black Bond Bostick Bowen Gates Clarke Conner Cook Cooper, B. Cox Dailey Daugherty Dean DeLong Dent Dixon Dorminy Doster Fallin Farmer Farrar Grahl Hadaway Hale Hamilton Henderson Higginbotham Hill Howell Irvin Kirksey Laite Lambert Land Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Lovell Magoon Matthews, D. R. Mauldin Maxwell McCracken Minge Mixon Moate Moreland Murphy Nash Nessmith Odom Pafford Parker, H. W. Parrish Peterson Phillips Pickard Rainey Roach Ross Scarlett Sherman Smith, C. W. Smith, V. T. Snow Stalnaker Thompson, A. W. Thompson, R. Threadgill Tucker Vaughn, C. R. Walling Westlake Wiggins Wilson, J. M. Mr. Speaker On the motion to reconsider, the ayes were 86, nays 39. The motion prevailed and HB 138 was reconsidered. WEDNESDAY, FEBRUARY 22, 1967 567 Mr. Westlake 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 176. By Mr. Westlake of the 119th: A Bill to be entitled an Act to amend Code Section 56-310, relating to the deposit required for foreign and alien insurers, so as to authorize the Commissioner to require additional deposits; and for other purposes. The consent was granted and HB 176 was reconsidered. By unanimous consent the said Bill was ordered recommitted to the Com mittee on Insurance for further study. Mr. Conner of the 91st 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 42. By Messrs. Moore of the 20th, Minge of the 13th, Leggett of the 21st and Dickinson of the 27th: A Bill to be entitled an Act to amend Code Section 56-2430 relating to the cancellation of insurance policies, so as to require that all insurers notify the insured of the factors upon which the cancellation of any insurance policy is based; and for other purposes. The consent was granted and HB 42 was reconsidered. By unanimous consent HB 42 was recommitted to the Committee on Insurance for further study. Under the general order of business, the following Resolution of the House was taken up for consideration and read the third time: HR 25-56. By Mr. Chandler of the 47th: A Resolution accepting the bid of Southern Railway Company to lease the Western and Atlantic Railroad; and for other purposes. The Speaker resolved the House into a Committee of the Whole to consider HR 25-56, appointing Mr. Chandler of the 47th as chairman thereof. 568 JOURNAL OF THE HOUSE, The Committee of the Whole arose, and through its chairman, Mr. Chandler of the 47th, reported HR 25-56 back to the House with the recommendation that the same do pass by Committee substitute. The following substitute, offered by the Committee of the Whole, was read: A RESOLUTION Rejecting the bid of Southern Railway Company and re-submitting question of the lease of the Western & Atlantic Railroad to the State Properties Control Commission for further negotiation. WHEREAS, pursuant to the provisions of the State Properties Control Code (Ga. Code Ann. Chapter 91-la), the State Real Properties Control Commission is empowered to receive offers to lease the Western & Atlantic Railroad and received offers from Louisville & Nashville Railroad Company and one other railroad, such offerings being subject to definitive action only by the General Assembly; and WHEREAS, the General Assembly has carefully considered the offers of each of said railroads, and has determined that the offers of neither railroad should be accepted; and WHEREAS, the Western & Atlantic Railroad is not needed in any way for the operation of the various departments of the State Govern ment; and WHEREAS, the General Assembly has determined that competitive bidding on said Western & Atlantic Railroad is not in the interest of the people of this State; NOW, THEREFORE, be it resolved by the General Assembly of Georgia that the offers of both the Louisville & Nashville Railroad Company and Southern Railway Company are rejected, and that the matter of leasing the Western & Atlantic Railroad Company is returned to the State Properties Control Commission, and the State Properties Control Commission is directed to negotiate a lease contract of said Western & Atlantic Railroad and re-submit same to the General Assembly for approval. The following substitute to the Committee substitute, offered by Mr. Caldwell of the 51st, was read: A RESOLUTION Accepting the bid of Southern Railway Company to lease the Western and Atlantic Railroad; and for other purposes. WHEREAS, pursuant to the provisions of the "State Properties Control Code" (Code Chapter 91-1 A.), the State Properties Control WEDNESDAY, FEBRUARY 22, 1967 569 Commission is empowered to lease the Western and Atlantic Railroad through negotiation or through competitive bid; and WHEREAS, Code Section 91-109a. (d) and (e) read as follows: "(d) If the commission formally determines the highest responsible bidder, the commission shall prepare the instrument of lease in at least four counterparts, which shall be immediately signed by the prospective lessee whose signature shall be witnessed in the manner required for recording. Such signing shall constitute a bid by the prospective lessee and such bid shall not be subject to revocation unless it is rejected by the General Assembly as hereinafter provided for. A Resolution contain ing an exact copy of the proposed lease, or to which an exact copy of the proposed lease is attached, shall be introduced in either the House of Representatives or the Senate, if then in regular session, or, if not in session at such time, at the next regular session. Such Resolution, in order to become effective, shall receive the same number of readings and go through the same procedure as a bill in both the House and the Senate. Such Resolution shall be considered by the Committee of the Whole House and by the Committee of the Whole Senate. "(e) If the aforesaid Resolution shall be adopted during such regular session by a majority roll call vote of both the Senate and the House of Representatives, the chairman of the commission shall forth with execute such lease for and on behalf of the commission and there upon both parties shall be bound by such lease. Such execution shall include the attachment to the lease of a certificate of the Secretary of State under seal showing that there has been recorded in his office a counterpart of such lease and any minutes of the commission, advertise ment, notice, invitation for bids, legislative Resolution, and any other record concerning such lease."; and WHEREAS, the State Properties Control Commission by resolution dated October 13, 1965, determined that the interest of the State and the people of the State of Georgia would be best served by competitive bidding for the lease of said Railroad; and WHEREAS, the form of lease for the Western and Atlantic Rail road was completed after numerous conferences with, and public hearings attended by, representatives of the parties who had indicated an interest in leasing the Western and Atlantic Railroad; and WHEREAS, following advertising of invitation for bids as required by the State Properties Control Code, two bids were received; (I) The Southern Railway Company bidding $995,000.00 per year, and (2) The Louisville and Nashville Railroad Company bidding $900,000.00 per year, with an alternate bid of $665,000.00 per year, plus a variable annual rental based on application of a formula involving investment, revenue and operating ratio factors; and WHEREAS, the Commission has determined that the highest re sponsible bidder is the Southern Railway Company; and WHEREAS, the Western and Atlantic Railroad is not needed in any way for the operations of the various departments of the State government; and 570 JOURNAL OF THE HOUSE, WHEREAS, pursuant to the aforesaid provisions of law, the pros pective lessee has signed the proposed lease in four counterparts, an exact copy of which is attached to this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the proposed lease is hereby accepted and the Chairman of the State Properties Control Commission, pursuant to the aforesaid provisions of law, is hereby authorized and directed to execute such lease for and on behalf of the State of Georgia and said Commission. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resotion to the aforesaid Chairman, to the Secretary of State and to the Southern Railway Company. FORM OF LEASE OF WESTERN & ATLANTIC RAILROAD November 10, 1966 WHEREAS, by an Act of the General Assembly of the State of Georgia, entitled "State Properties Control Code", approved February 21, 1964, and the Acts amendatory thereto approved March 24, 1965, and April 15, 1965, respectively, there was created a Commission to be known as the State Properties Control Commission, which Commission was by the provisions of said Acts authorized and empowered to lease and contract for the leasing of the railroad properties known as the Western & Atlantic Railroad, and was further authorized and empowered to fix and determine all the terms and conditions upon which the said property should be leased, except as limited by the provisions of said Acts, and was further authorized and empowered to agree upon all the terms and details of a formal lease contract, which upon being prepared by the said Commission and executed by the prospective Lessee should be transmitted to each House of the General Assembly if then in regular session and, if not, to the next regular session, for acceptance or rejec tion of said lease by said General Assembly as provided in the State Properties Control Code; AND, WHEREAS, The said Commission, organized in pursuance of the provisions of said Acts, has, in regular meeting assembled, by resolution agreed to lease said property to SOUTHERN RAILWAY COMPANY, under the terms and conditions hereinafter set forth, which resolution, together with all the terms and details of this lease contract, will be transmitted to the General Assembly by the said Commission, as provided in Section 91-109A of said State Properties Control Code; AND, WHEREAS, It is further provided in said Acts that when said lease contract shall have been so prepared and approved by the General Assembly, the same shall be executed by the Chairman of the State Properties Control Commission in behalf of the State of Georgia. WEDNESDAY, FEBRUARY 22, 1967 571 NOW, THEREFORE, THIS INDENTURE, made and entered into on this--------day of ------------------, in the year of our Lord One Thousand Nine Hundred and--------------, by and between the said State of Georgia, (hereinafter referred to as "State"), acting through the State Properties Control Commission, and the said Southern Railway Company, (herein after referred to as "Lessee") : WITNESSETH: ONE: The State, under and by authority of the said Act approved February 21, 1964, and the Acts amendatory thereof and supplemental thereto approved March 24, 1965, and April 15, 1965, respectively, and in pursuance thereof and of the said resolution of the said State Properties Control Commission, and in consideration of the premises and of the conditions, covenants and stipulations herein set forth, does hereby lease, for a term of 25 years and 4 days beginning from and immediately at the termination of the lease contract now existing (which will terminate on the 27th day of December, 1969), and ending on December 31, 1994, to said Lessee, viz; to Southern Railway Com pany, the State-owned property known as the Western & Atlantic Rail road (a railroad running from the City of Atlanta, in the State of Georgia, to the City of Chattanooga, in the State of Tennessee), as more fully shown outlined in red and green on maps filed in the office of the State Properties Control Commission in Atlanta, Georgia, which maps have been duly endorsed by the Secretary of the Commission, for identification purposes, as being those referred to herein (including the railroad properties more specifically enumerated on the "Sidetrack Facilities List", attached to said maps and similarly endorsed) ; said lease to include the property so delineated on said maps and in said list (and such additional property as may be acquired for the Western & Atlantic Railroad by the present lessee (i.e., the lessee under the lease of the Western & Atlantic Railroad which terminates December 27, 1969) subsequent to the date of execution of this lease and prior to the beginning of the term of this lease) and all tracks, bridges, culverts, signals, buildings, communication lines, depots and all other structures located on said property, subject to the following Exceptions and Additions: EXCEPTIONS: (A) Air, Mineral and Other Rights Except to the extent that air rights are, as of December 28, 1969, occupied by any structure used for railroad purposes (including any structures erected by Lessee or sublessees of the lease expiring on December 27, 1969) this lease does not include air rights, mineral rights or sub-surface easement, the State reserving the air rights, mineral rights and sub-surface easement rights and the right to grant the same but agreeing that it will not, without the written consent of Lessee, which consent may not be unreasonably withheld, grant any such rights to any others or itself use air space or exploit minerals, (i) if such grant or the exercise of rights granted thereby or such use or exploitation will result in loss of support to or unreasonable interference with the leased property, including tracks or structures located thereon, or (ii) if such 572 JOURNAL OF THE HOUSE, grant or the exercise of rights granted thereby or such use or exploita tion will otherwise unreasonably interfere with the enjoyment of the leased property, including tracks and structures, for railroad purposes or with the enjoyment of the operation thereof for railroad purposes, or (iii) if such grant or the exercise of rights granted thereby or such use or exploitation will reduce the clearance to a distance of less than 23 feet vertically above the top of the rails of said tracks or alongside any track to a distance less than 18 feet from the centerline thereof, the said 18 foot clearance to extend uniformly from a vertical extension upward of the said center line for a distance of twenty-three feet, Provided that (1) in those areas where, as of July 1, 1966, there were structures having vertical clearances of less than twenty-three feet or there were horizontal clearances of less than eighteen feet, the clearances existing on July 1, 1966 shall govern; (2) in those areas where, as of July 1, 1966, there were grants of air rights providing for a lesser clearance than the said twenty-three foot and eighteen foot clearances, such lesser clearances shall govern, and, Provided further, that if in any of said areas, additional clearances shall become available, whether by reconstruction, modification, or demolition of any such structures, or otherwise, said additional clearance shall accrue to the benefit of the Lessee to a maximum of twenty-three feet above the top of the rails and of eighteen feet horizontally from the centerline of the nearest track. Notwithstanding the foregoing provisions, the minimum clearances in the event that power lines or communication lines, whether those of Lessee, the State or other persons, firms or corporations, shall intrude into the air space above the leased property, shall be not less than those specified from time to time by the Association of American Railroads for its member roads. The State and the Lessee agree that in the event of exploitation of air or sub-surface easement rights, the State may require a relocation of tracks, but only if (1) such relocation is necessary to permit the placement of any pillar providing support to a structure constructed in the use of air rights described in this paragraph (A) of this section ONE and (2) there is no point at which said pillar can be placed con sistent with sound engineering practices without necessitating the relocation of any track, and (3) neither such relocated track nor the work of relocation will unreasonably interfere with the use by Lessee of the properties leased herein, or unreasonably reduce the operating capacity or operating convenience of said properties, whether only in the im mediate vicinity of said relocated track or elsewhere on the said properties, and WEDNESDAY, FEBRUARY 22, 1967 573 (4) such relocation, including acquisition of additional land, and all other work and modifications of other tracks and structures necessitated by such relocation are performed without cost to Lessee or any sublessee of Lessee and at such reasonable times and in accordance with such reasonable standards and specifications as may be established by Lessee. Notwithstanding the vertical clearance limits specified hereinabove, Lessee and its sublessees may erect such structures (including any structure erected pursuant to a subletting qualifying under clause (3) of the first literary paragraph of Section Ten of this lease) as they may from time to time deem necessary or desirable for railroad operating purposes and such structures may extend and continue to extend into the then unoccupied air space above the clearance limits referred to in this Section so long as necessary or desirable or until such time or times as the State exercises the power to clear such air space as reserved to it in the next succeeding paragraph of this Section ONE. Except as to the Union Passenger Depot in Atlanta the State, in granting air rights, may provide for the removal of structures then occupying any part of the air space contained within such grant, such removal to take place not before the grantee of such air rights com mences the work of construction in exploitation of such rights, provided that such removal shall be performed without cost to Lessee or any sublessee of Lessee and at such reasonable time or times and in accord ance with such reasonable standards and specifications as may be established by Lessee and provided, further, that adequate replacement structures reasonably satisfactory to Lessee (and a sublessee, if one be affected) as to location, design, physical condition and facilitation of its operations (including those of a sublessee, if one be affected) shall be provided without cost to Lessee or any sublessee of Lessee, the work of replacement to be performed at such reasonable time or times and in accordance with such reasonable standards and specifications as may be established by Lessee, provided that any replacement structures provided under this section (or structures provided as temporary substitute for such replacement structures) shall be completed and available for use prior to commencing the work of removal or relocation of the existing structures being replaced. The State also agrees that, at the request of the Lessee, it will negotiate with the Lessee the need in such air rights areas for in creased clearances for railroad operations and if it finds the proposed adjustments to be in the best interest of the State and the Western & Atlantic Railroad, this lease shall be reopened, amended or supplemented, for the purpose only of providing such increased clearances as are found reasonable, upon such terms and conditions as may be agreed by the State, the decision of the State as to such reopening, amending or supplementing to be final. The State further agrees that it will, a reasonable time prior to granting any air, mineral or sub-surface ease ment rights, fully consult with Lessee to determine what, if any, plans are being considered for additions, improvements, or changes to the tracks, signals or structures of the railroad which may be affected by the granting of such rights and that due consideration will be given to such plans. 574 JOURNAL OF THE HOUSE, If any air, mineral or sub-surface easement or other rights shall be granted by the State, the State shall confer with the Lessee a reasonable time prior to making such grant and there shall be included in the agree ments by which said rights are granted or made from time to time such reasonable conditions, consistent with the provisions of this lease, on the use, exercise and exploitation of said rights as may be required for the purpose of assuring to Lessee operation of the leased properties in a safe, convenient, expeditious, economical and healthful manner. If the State shall itself use, exercise, or exploit any such rights it shall do so consistently with such reasonable conditions as may be required. Except to the extent the State has the power under such grants to impose such restrictions, none of the air rights restrictions hereinabove contained shall apply to those air rights grants made by the State prior to July 1, 1966. However, in approving plans and specifications relating to, and in establishing or imposing conditions and standards upon, the use, exercise and exploitation of any air, mineral or other rights, that may have been granted by the State prior to December 28, 1969, the State shall likewise confer with the Lessee a reasonable time prior to such approval, establishment or imposition and shall, to the extent the State has the power under such grants so to do, establish or impose on the use, exercise and exploitation of said air, mineral, sub-surface ease ment or other rights such reasonable conditions and standards, consistent with the provisions of this lease, as may be required for the purpose of assuring to Lessee operation of the leased properties in a safe, con venient, expeditious, economical and healthful manner. Nothing in this lease shall operate to prevent Lessee from recover ing from any person, firm or corporation compensation for and reim bursement of any loss, expenses or damage suffered by Lessee by reason of the action of any such person, firm or corporation or its employees, agents or servants in the use or exploitation of any air, mineral or sub-surface rights. No action for such loss, expenses or damage shall lie against the State except on the grounds of breach of contract. (B) Chattanooga Depot Property This lease includes so much of the present passenger depot prop erty located in Chattanooga, Tennessee, west of Broad Street and south of Ninth Street (as outlined in green on the aforesaid maps filed in the office of the State Properties Control Commission) as is owned by the State only until the passenger depot located on said property is relocated in accordance with the provisions of "Chattanooga Railroad Grade Crossing Elimination Project--General Plan 'N' " or otherwise, at which time so much of said passenger depot property as is owned by the State will revert to the possession and control of the State. (C) Other Chattanooga, Property This lease includes the property located between Market Street and Broad Street in Chattanooga, Tennessee, (as outlined by crosshatched green lines on the aforesaid maps filed in the office of the State Properties Control Commission) subject to the following proviso: WEDNESDAY, FEBRUARY 22, 1967 575 Should the City of Chattanooga or other governmental authority extend Lindsay Street in said City across the State's property, then at the time of such extension all property included in this lease and lying north of the southern boundary of that street shall revert to the posses sion and control of the State. In like manner, should Newby Street in said City be so extended, and that at the time of such extension, should the City of Chattanooga decline to permit the Western & Atlantic Rail road property north of such extended Newby Street thereafter to be used for railroad operating purposes, then all property included in this lease and lying north of the southern boundary of such extended Newby Street will similarly revert to the State, except to the extent that it may theretofore have so reverted. (D) Marietta, Depot Property This lease includes so much of the depot property at Marietta, Georgia, as is outlined in green on the aforesaid maps filed in the office of the State Properties Control Commission only so long as the depot located thereon shall be used for passenger train purposes. Said described portion shall, in the event the depot on said property shall cease to be so used, revert upon such cessation to the possession and control of the State. The balance of said depot property shall continue to be subject to this lease for the full term thereof. (E) Atlanta Depot Property This lease shall include the Atlanta Union Passenger Building and so much of the passenger depot property in Atlanta, Georgia, as is out lined in green on the aforesaid maps only so long as there is passenger train service originating or terminating in the Atlanta Union Passen ger Depot and being operated over substantially the entire length of the Western & Atlantic Railroad. In the event discontinuance of said service shall be authorized and effected, then 90 days thereafter said Depot Building (including the air space, subject to the clearance pro visions of this lease, between Forsyth Street and Spring Street not separately leased as of December 28, 1969) shall revert to the possession and control of the State. As to the balance of the property outlined in green, the parties hereto will consider, in good faith, the further need of Lessee for railroad purposes of any or all thereof, to the end of reaching agreement as to the continued leasing to Lessee of all or any part thereof. As to said balance of the property outlined in green, the Lessee agrees to advise the State within 90 days after the discontinu ance of passenger service if that property so scheduled to revert, or any portion thereof, is required by the Lessee for railroad operating purposes, together with the justification for such requirement. The State agrees that it will advise the Lessee within 90 days after receipt of such notice of the State's acceptance or rejection of Lessee's request. Should the State reject such request by Lessee the parties will in good faith endeavor to negotiate a satisfactory agreement whereby Lessee may be permitted continued use of all or some portion of said property. Should the parties be unable to reach such satisfactory agree ment a determination shall be made by arbitration as now provided in Sections 7-201 to 7-224, both inclusive, of the Code of Georgia for 1933. 576 JOURNAL OP THE HOUSE, ADDITIONS: (A) The State proposes to acquire at a later date such of the railroad properties and facilities listed in Appendix "A" hereto, that it may acquire under the provisions of the lease of the Western & Atlantic Railroad which terminate December 27, 1969 as are deter mined to be needed for and/or convenient to the operation of the Western & Atlantic Railroad and are available at a price reasonably related to their operational value. Any railroad properties or facilities so acquired, or otherwise acquired from the present lessee (i.e., the lessee under the lease of the Western & Atlantic Railroad which termi nates December 27, 1969) by the State for the Western & Atlantic Rail road subsequent to July 1, 1966, shall be added to the properties and facilities listed above, subject to the exceptions as to the air, mineral and sub-surface easement rights listed above, and the Lessee agrees to pay to the State, over and above the rental specified in Section Four of this lease, an additional annual rental for said properties or facili ties so acquired consisting of five (5) percent of the price paid by the State for said properties and facilities as determined in accordance with the provisions of this paragraph. In the event of the failure of the State and the Lessee to agree on such price to be paid by the State for said properties and facilities, the amount thereof shall be deter mined by arbitration as now provided in Sections 7-201 to 7-224, both inclusive, of the Code of Georgia for 1933. Nothing in the foregoing sentence shall be deemed to have waived such rights as are held by the present lessee (i.e., the lessee under the lease of the Western & Atlantic Railroad which terminates December 27, 1969) to have the price of said properties and facilities determined in accordance with the provisions of that lease. The references in Section One of this lease to "sub-surface ease ments" and "sub-surface easement rights" are for the purpose only of making provision for possible use by the Metropolitan Atlanta Rapid Transit Authority or other public authority having a like function, and are not general reservations, but are limited to that one purpose. All being the property of the State of Georgia, and which the said Acts of the General Assembly of Georgia hereinbefore mentioned authorized the State Properties Control Commission to lease. TWO: Subject to and in accordance with the terms, limitations and provisions of this contract of lease and of the several Acts of the General Assembly authorizing the same, the State, as lessor, hereby grants to Lessee the right to possess and enjoy the use of said proper ties leased herein and further covenants the quiet and peaceable posses sion and enjoyment of all the property herein leased to the Lessee. THREE: In view of the participation of each in the preparation of this lease, the State and Lessee agree that if it becomes necessary to construe any of the provisions of this lease, there shall be no pre sumption for or against either party on the ground of its participation in such preparation. FOUR: The said Lessee covenants and agrees that as rent for the said Western & Atlantic Railroad it will pay into the treasury of WEDNESDAY, FEBRUARY 22, 1967 577 the State an annual rental of $995,000, commencing January 1, 1970, with such annual rental to be paid in equal monthly installments of $82,916.67, in advance, on or before the first day of each and every month during the period of the lease, the first payment to include, as rent for the four days of December 28-31, 1969, the additional amount of 4/365's of the said annual rental. The said Lessee further agrees to deposit with the Treasurer of the State a surety bond issued by a company licensed to do business in the State of Georgia in the amount of one year's rental in such amount as such rental may be from year to year) or, at Lessee's option, recognized valid bonds of the United States, in an aggregate par value equal to one year's rental in such amount as such rental may be from year to year). Should said bonds of the United States, if so deposited by the Lessee, at any time depreciate more than 8.25 percent in value below their par value and continue so depreciated for four consecutive months or be otherwise reduced, the Lessee shall within thirty days following notice by the State of such four months depreciation or reduction make good said deposit by the deposit of other bonds of like kind, so that bonds at par and market value of at least the amount of the annual rental of Lessee shall at all times be deposited by Lessee with the Treasurer, as aforesaid, and in default thereof the State may, in its discretion, declare this lease forfeited, with all the incidents of for feiture herein provided. If at any time during the term of this lease there shall be on deposit with the Treasurer, bonds of the United States in an amount, measured by market value, of more than one year's rental and if such condition shall continue four consecutive months, then bonds representing such excess value shall upon request to the State by Lessee, be delivered to Lessee. The bonds, whether surety or United States government, so de posited by the Lessee shall be regarded merely as collateral security for the faithful performance by the Lessee of the terms of this lease contract, and shall not be held as exhaustive of other rights of the State, as lessor. And after said bonds have been applied, in whole or in part, as damage penalty or forfeiture, for any act done, or omitted to be done, or any violation of the terms of the lease as herein provided, the Lessee shall be liable further to the State for any damage caused by any breach or forfeiture under such contract by such Lessee and not compensated for by such application. The Lessee through any person authorized by it, shall have access to any United States government bonds so deposited for the purpose of clipping the coupons thereof, in order to collect the interest on said bonds. In the event the Lessee shall fail or refuse to pay the aforesaid monthly rental to the Treasurer of the State within twenty days after the time named in this Section for the payment of such monthly rental, the State may collect out of the security on deposit with it the amount of such unpaid rental. If at any time the Lessee shall be in default in an amount as much as six months' rental, or if the Lessee fails or re- 578 JOURNAL OF THE HOUSE, fuses to comply with this lease contract or breaches any of the cove nants or conditions thereof, the State, at its option, may declare this lease forfeited and take such steps as required by law for approval of lease to such other party or for such other method of operation as the State may elect, and after execution of such action the State may apply the remaining security deposited as damages on account of the forfeiture, as far as the same may go. If upon the termination or expiration of this lease, Lessee shall have well and truly performed the undertakings of this lease, any bonds of the United States on deposit with the State shall be returned to the Lessee. FIVE: The Lessee agrees that it will at all times during the con tinuance of this lease keep and maintain said railroad, including all of its structures, equipment and appurtenances used in connection therewith, including facilities added to the property of the State under Section One, Six and Thirteen of this contract, in a condition at least equal to that of the mainline of railroads within the State of Georgia which are classified by the Interstate Commerce Commission as Class I Railroads, and adequately adapted efficiently, safely and expeditiously to serve the public as a common carrier; PROVIDED, that if during the period of this lease the Lessee owns, operates or controls a compet ing line or lines of railroad between Chattanooga, Tennessee, and At lanta, Georgia, including, but not limited to, the line of the Southern Railway between Atlanta, Georgia and Chattanooga, Tennessee and the line of the Central of Georgia Railway between Atlanta, Georgia and Chattanooga, Tennessee, via Griffin, or any combination of said lines) said Lessee during such period of ownership, operation or con trol of such competing line or lines: (1) shall maintain the tracks and facilities of the Western & Atlantic Railroad in sufficiently good condition to permit the safe passage of railroad equipment of gross weights not less than those shown on the following table permitted on said Western & Atlantic Railroad and at speeds not less than those shown on Louisville & Nash ville Railroad, Western & Atlantic Division, Operating Timetable No. 1, dated October 30, 1966. Freight Cars--236,000 Ib. gross weight on 4 axles, having a dis tance between the face of the coupler and the center of the truck of 6 feet 3 inches; having an axle spacing in the truck of 5 feet 8 inches; and having a coupled length of 47 feet 6 inches. 315,000 Ib. gross weight on 4 axles, having a distance from the face of the coupler to the end axle of 3 feet 6 inches; having an axle spacing in the truck of 6 feet 0 inches; and having a coupled length of 54 feet 0 inches. 394,500 Ib. gross wieght on 6 axles, having a distance between the face of the coupler to the end axle of 3 feet 8% inches; having an axle spacing in the truck of 5 feet 6 inches; and having a coupled length of 73 feet 10% inches. Locomotives--396,000 Ib. gross weight (type 6-6 locomotives); 265,000 Ib. gross weight (type 4-4 locomotives). WEDNESDAY, FEBRUARY 22, 1967 579 Axle Loadings--66,000 Ib. gross weight per axle. (2) shall not reduce or alter the passenger service operated on the Western & Atlantic Railroad below the levels in effect thereon on December 27, 1969, without first securing regulatory commission ap proval, but only if such approval is required by applicable laws in effect at the time of the proposed change. (3) shall not reduce the frequency of local freight and switching service available to shippers located on the Western & Atlantic Rail road below the levels in effect thereon on December 27, 1969, without first securing regulatory commission approval, but only if such approval is required by applicable laws in effect at the time of the proposed change. (4) shall endeavor to so maintain the volume of through freight movement on the Western & Atlantic Railroad so that for each year of the lease the ratio of the total freight car-miles of all traffic moving the entire distance between Chattanooga, Tennessee and Atlanta, Geor gia over the Western & Atlantic Railroad to the total freight car-miles of all traffic moving the entire distance between Chattanooga, Tennes see (including Ooltewah and Cohutta) and Atlanta, Georgia (includ ing Griffin) over the competing line or lines of the Lessee shall be not less than such ratio for the year 1965. The Lessee shall furnish to the State Properties Control Commission, not later than April 1 of the following year, a written report of such total freight car-miles on both the Western & Atlantic Railroad and said competing line or lines for the preceding calendar year. If in any year such freight movement on the Western & Atlantic Railroad falls below such ratio, the Lessee shall furnish to the State Properties Control Commission, not later than April 1 of the following year, full explanation of such reduction in traffic and what steps are being taken to rectify such situation. In event of such reduction, the Lessee specifically agrees to undertake such added solicitation and reasonable internal routing as may be indi cated by the circumstances to be needed to offset such reduction in traffic. If such situation persists as long as two consecutive additional years without explanation therefor satisfactory to the State the Lessee shall, at the option of the State, be deemed to have breached this con dition of this lease and to be subject to the penalty and forfeiture pro visions of Section Four hereof. For the purpose of this section "through freight movement" shall be considered to be the freight cars moving between the switching district at Atlanta (including Griffin) and Chat tanooga (including Ooltewah and Cohutta) and the mileage of such freight cars which originate or terminate at points on the line of road between these switching districts shall not be included in establishing this ratio. In the event trackage rights covering the entire line from Chatta nooga to Atlanta would be granted by the Lessee to others the total freight car-miles generated by such traffic moving the entire distance between Chattanooga and Atlanta may be included for the purpose of establishing the ratios of traffic volume required under this section. (5) Lessee further agrees that it will exert its best efforts in good faith to obtain the location of new industries, as well as the expansion 580 JOURNAL OF THE HOUSE, of existing industries, upon the Western & Atlantic Railroad to the same extent that it solicits the location and/or expansion of industries along the lines of railroad which it owns, operates or controls. Lessee shall furnish to the State Properties Control Commission, not later than April 1 of the following year, a written report for the preceding calendar year of industries located or expanded on both the Western & Atlantic Railroad and the lines of railroad which it owns, operates or controls. (6) Lessee further agrees that it will comply fully and in all re spects, except for emergency detours, with routing instructions received from shippers requesting or directing that their shipments be forwarded in whole or in part over the Western & Atlantic Railroad and will not prefer its own competing lines in the movements of traffic not routed by shippers. SIX: It is further agreed as a part of the consideration of this contract of lease that, in addition to and exclusive of such expenditures as may be required for the proper repair and maintenance of said rail road and its properties, the Lessee shall during the period of this lease credit to an account called "Additions and Betterments of the Western & Atlantic Railroad" not less than $3,000,000. It is intended that $2,000,000 of said Additions and Betterments shall be expended (and charged to said account) at a rate of not less than $400,000 per five-year period beginning on January 1, 1970. The remaining $1,000,000 of said $3,000,000 may be expended by the Lessee as and when deemed by it expedient and desirable. At the end of each such five-year period, any unexpended portion of the $400,000 scheduled to be expended and charged to said account during that period shall be expended during the subsequent five-year period and failing to be spent during this period will be paid over to the State at the expiration of said subsequent period at the time that the report hereinafter in this section required is made. If, at the termination of the lease by maturity, or for any cause prior to maturity, the Lessee shall have expended and charged to said Additions and Betterments account less than an average of $120,000 per year during the term the lease has run when terminated, the amount of any deficiency not so expended and charged shall be paid over to the State, less such sums as shall theretofore have been paid over to the State under the terms of the next preceding paragraph. Should the amount charged to such account be greater than the amount deter mined by multiplying $120,000 by the number of years the lease has run, the State does not agree to make, nor does the Lessee expect to receive, any payment by reason of such difference, except in the event that due to unforeseen circumstances or technological improvements in the railroad transportation industry conditions would indicate that extra ordinary expenditures for additions and betterments should prudently be made, the conditions above will not preclude the Lessee from seeking the permission and the participation of the State in making and paying for such extraordinary additions and betterments, nor preclude the State from granting such permission and so participating. WEDNESDAY, FEBRUARY 22, 1967 581 It is agreed and stipulated that expenditures for one or more of the following purposes shall qualify as expenditures for charge to the account of "Additions and Betterments of the Western & Atlantic Railroad": (1) Expenditures for additions and betterments to the property of the Western & Atlantic Railroad and the total expenditures for these purposes shall not be less than $2,250,000 during the term of the lease; (2) The cost of acquisition by Lessee during the term of this lease of rights-of-way diverging from the Western & Atlantic Railroad prop erty and of construction thereon by Lessee of tracks and other struc tures used for railroad operating purposes, for the purpose of providing railroad access to present or new shipper or receivers of freight. Said rights-of-way, tracks, and other structures will become the property of the State at the time they are constructed and will be charged to the account of Additions and Betterments of the Western & Atlantic Railroad. However, should the expenditures for said items covered in this paragraph exceed $750,000 at termination or expiration of this lease, the State shall select from all such projects built during the term of this lease which of said rights-of-way and tracks it desires to retain up to the original cost of construction of $750,000 and Lessee agrees that these selected rights-of-way and tracks shall continue to be the property of the State provided that the State shall have the right to designate for retention less than the entirety of any given property and tracks and structures thereon. Should the election of this option by the State as stated above in this paragraph result in transfer of ownership of certain parcels of property, right-of-way or track struc tures, such transfers and adjustments in ownership will be made at the expiration or termination of this lease. Any additional such rightsof-way, tracks and structures acquired by the Lessee during the term of this lease which are not selected for retention by the State as out lined above shall become the property of the Lessee but as such become subject to purchase by the State as required by the provisions of Sec tion Thirteen of this lease contract. Amounts so charged to the Additions and Betterments account shall be as determined by the Uniform System of Accounts for Rail road Companies, as prescribed by the Interstate Commerce Commission at the time of the respective charges, except that when the line of road is improved or clearances are increased, the gross amount expended, less salvage, shall be credited. All additions and betterments so made and charged against said account and all other lands, tracks and structures so acquired or con structed and charged against said account, shall thereupon be and be come the property of the State of Georgia, and shall become subject to the provisions of this lease, without abatement of or deduction from rent and without offset of any kind or character whatsoever. For purposes of this lease, improvements to line of road shall in clude but not be limited to, projects whereby tracks, switches, signals or other facilities are relocated for the purpose of improving the operat ing or the maintenance characteristics of the railroad, reduction or 582 JOURNAL OF THE HOUSE, elimination of curves and grades, elimination of tunnels or bridges and removal of tracks from an unstable subgrade to a more stable subgrade. The Lessee shall annually, on or before the 20th day of April in each and every year, prepare and file with the State Properties Control Commission, a statement showing in detail the character and extent of the improvements, betterments and additions claimed to have been made by the Lessee during the preceding calendar year ended December 31, which statement shall show the specific character of each expendi ture and the amount thereof for which credit is claimed by the Lessee. The said State Properties Control Commission shall examine such state ment and account, and if found correct shall endorse approval thereon within sixty (60) days after submission thereof and file the same with the records of the Western & Atlantic Railroad. If the said State Properties Control Commission shall question the correctness or propriety of the statement or of any item or charge contained therein, and if it shall fail to come to an agreement with the Lessee with respect thereto, the matter in dispute shall be submitted to arbitration in the manner as is now provided in the laws of the State of Georgia in Sections 7-201 to 7-224, both inclusive, of the Code of Georgia for 1933. SEVEN: It is understood and agreed that in making improve ments and betterments for the use and operation of the Western & Atlantic Railroad the Lessee shall, insofar as it properly may, con struct and maintain the same upon the property of the State, to the end that the integrity of the Western & Atlantic Railroad for the uses of transportation shall be preserved and facilitated. EIGHT: The State will give its consent to the revision and doubletracking of the line as deemed desirable by Lessee, and will cooperate in securing the land necessary therefor, at the expense of Lessee. It is understood and agreed that no substantial departure in the route or direction of the line of railroad, nor abandonment or discon tinuance of any part of the line as now constructed and operated, shall be made or permitted without the previous consent of the State. NINE: It is hereby determined and declared by the State and the Lessee that nothing contained in this agreement is intended to exempt from ad valorem taxes or subject to ad valorem taxes the inter ests of Lessee created by this agreement. In the event said properties or any interests therein are declared subject to ad valorem taxation of whatsoever nature in Georgia, by a final decision of a court of com petent jurisdiction, then any such sums or taxes, including any interest and penalties occasioned by the actions or defaults of the State, shall be the responsibility of the State and be paid by the State. Lessee agrees it will defend against any effort to levy ad valorem taxes on said prop erty and interests therein, and that Lessee will prosecute and defend any necessary appeals to the highest State Court having jurisdiction in the matter. Lessee agrees that it will promptly notify the State upon receipt of notice of any intention to impose ad valorem taxes and the WEDNESDAY, FEBRUARY 22, 1967 583 State may, at its option, elect to join Lessee in defending against such imposition, to intervene in any proceedings related thereto, or take such other action with respect thereto as it deems necessary or proper. In the event said property or any interests therein are once declared to be subject to ad valorem taxation by a decision of a court of com petent jurisdiction, Lessee agrees that it will promptly notify the Gov ernor and the General Assembly if then in session, and if not then in session, will notify the Governor, of such decision and the State shall have until ten days after the conclusion of the next succeeding regular annual meeting of the General Assembly, or thirty days after the entry of such final decision, whichever occurs later, to pay such sums or taxes, or to settle, adjust, compromise, or provide for by legislation, such sums or taxes, and if not so paid or resolved within such time, then thereafter any such sums or taxes, whether for that or any sub sequent period, may be paid by the Lessee and shall be deemed a pay ment, pro tanto, of rent, and the rent provided for in Section Pour of this lease shall be reduced by the amount of such sums or taxes paid by the Lessee. It is further understood, covenanted and agreed that the Lessee shall, during the entire term of this agreement, pay all taxes (other than the ad valorem taxes referred to hereinabove), specifically in cluding, but not limited to, income taxes, and governmental charges, on or for the operation of said property. In addition the Lessee shall pay all tax assessments and governmental charges as may be imposed during the term of said agreement by the Government of the United States, and Lessee shall be required, and hereby obligates itself, to pay on all of that portion of the properties covered by this agreement and lying within the State of Tennessee, all taxes and assessments that may be legally levied under the laws of said State. It is specifi cally agreed further that the rolling stock, equipment and other prop erty owned by the Lessee and used in connection with the operation of the properties herein conveyed, shall all be subject to taxation as other like property is taxable in the State of Georgia. It is further understood, agreed and declared, that where the words "grant," "grantee," "grantor," "lease," "sublease," "sublet," "lessor," "lessee," "sublessee," "tenant," "rent," "rental," and words of similar nature are used in this agreement, they are used for purposes of identi fication and convenience of expression. TEN: The Lessee shall not sublet the property leased hereby, or any part thereof, except (1) such as is not needed for railroad pur poses, (2) for use as a rapid transit project or projects as defined in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended, or (3) where said subletting is made for a railroad purpose of the Lessee, including the location on said property or part thereof of a business or industry utilizing the subleased property in whole or in part for the shipping or receiving of freight moving over the Western & Atlantic Railroad; provided, that no part of the properties referred to in paragraphs (B), (C), (D) and (E) of the Exceptions in Section One of this lease shall be sublet without the prior consent of the State Properties Control Commission. 584 JOURNAL OF THE HOUSE, Where any property is so sublet pursuant to the provisions of this section, a copy of such sublease and any subsequent amendments thereto shall be promptly supplied to the State Properties Control Commission for its records. No such subletting shall extend beyond the term of this lease, whether by expiration of time, forfeiture or other cause; nor shall any sublease give rise to any privity of contract as between the sublessee and the State; nor introduce a new party to this contract, nor relieve the Lessee of any duty, obligation or requirement imposed upon it by law or by this contract of lease. The Lessee shall pay to the State an amount equal to one-half of the net rental received (being the gross rental, less those expenses directly attributable to the property and which the contract of sub lease provides shall be paid by Lessee) by the Lessee for each sublease made by Lessee and this payment shall be considered as an additional rental to that amount required by Section Pour of this lease. All per manent improvements, betterments or additions in, to or on the prop erty so subleased made by the Lessee or its tenants shall become, upon the expiration of this lease, the property of and belong to the State. Should the Lessee elect to sublease all or any part of (1) the space over the tracks below the level of 23 feet above the top of rails of any track or (2) within 18 feet in a horizontal distance of the centerline of any track south of the Magnolia Street viaduct in Atlanta or (3) within 18 feet in a horizontal distance of the centerline of any mail track north of the Magnolia Street viaduct in Atlanta, the Lessee agrees to pay to the State all of the rental received for that portion of the space so sublet. ELEVEN: The granting by Lessee to other carriers of trackage rights over the Western & Atlantic Railroad or any part thereof, shall not be construed as a subleasing of the property such as is forbidden by Section Ten of this lease and Lessee agrees to grant trackage rights to other railroads over the tracks of the Western & Atlantic Railroad at all points where such rights were in effect on December 27, 1969. Should the Lessee be other than the one leasing the Western & Atlantic Railroad immediately prior to December 28, 1969, Lessee agrees that, at the request of said former lessee or the State, it will grant to said former lessee trackage rights over the Western & Atlantic Rail road on traffic moving (a) from Atlanta and beyond to Chattanooga and beyond, and vice versa, (b) from beyond Junta on the L&N RR and connections to Atlanta and beyond, and vice versa, (c) from beyond Elizabeth on the L&N RR and connections to Atlanta and beyond, and vice versa. under terms and conditions generally observed in the railroad industry in the granting of rights of similar nature. WEDNESDAY, FEBRUARY 22, 1967 585 Except as provided above, Lessee shall not grant trackage rights over the Western & Atlantic Railroad or any part thereof without the prior consent in writing of the State. The Lessee agrees to pay to the State one-half of that portion of the rentals received from the grant of any and all trackage rights over the Western & Atlantic Railroad or any part thereof which are com puted on the basis of a percentage return on capital investment in the railroad and facilities so utilized, or similar basis; such payment to be considered as an additional rental to that amount required in Section Four of this lease. The Lessee is to retain all of that portion of the rentals received from the grant of such trackage rights which are computed on a wheelage or other use basis, where such rental pay ments are designed and designated to reimburse the Lessee for a fair proportion of amounts paid by it for maintenance, operating and other expenses. Such trackage rights use of the tracks and property of the Western & Atlantic Railroad shall always be subject to all of the duties, obli gations and liabilities of Lessee to the State under this contract of lease; and it is further understood and agreed that no contract or agreement for any servient use of the tracks or railway facilities of the Western & Atlantic Railroad, granted by Lessee to any other per son, shall be construed as introducing a new party to the contract between Lessee and the State; and every such servient use shall be subject in all respects to this contract of lease, and as between the State and Lessee such servient use shall be regarded as being the use by Lessee through its agent or tenant. TWELVE: There is hereby expressly reserved to the State the power, exercisable on reasonable notice to the Lessee, to authorize the laying out, building and construction by others or by itself (herein after in this section referred to as "grantees") of such ways, streets, roads, bridges, viaducts, pipe lines, sewers, electric or communication lines and other utilities (except that no such authorization shall be granted for a crossing which would intersect any railroad tracks on the property and which is intended for use by a carrier, other than by highway, of freight or passengers), across or along (hereinafter called "crossings") the property herein leased as may be deemed by it to be in the interest of the people of Georgia, without liability on the part of the State over to the Lessee by abatement of lease money or other wise, provided that the Lessee may establish, except as against the State, reasonable standards for terms of existence, compensation (ex cept that no compensation shall be charged in the case of road cross ings), service charges to Lessee and indemnity of Lessee. The Lessee may establish for all grantees reasonable standards for construction, clearances, maintenance and safety of said crossings, and other pro visions necessary to assure the safe, convenient, expeditious, economical and healthful operation of the railroad, which standards shall be em bodied within a written contract between such grantee and Lessee in the usual form of contract from time to time used by Lessee for such crossings elsewhere on its railroad lines and provided further that all crossings (with the exception below as to road crossings) and all equip ment and structures used in conjunction therewith will be constructed and maintained without cost to the Lessee. Where road crossings are 586 JOURNAL OP THE HOUSE, involved the Lessee will participate in the cost of construction and maintenance of grade crossings protection devices but to no greater extent than required by law from time to time of other railroads in the State of Georgia in like situations on their lines in Georgia. Where such road crossing's involve grade separation structures the State shall be responsible for any portion of the cost of construction of such grade separation structures chargeable to the Western & Atlantic Railroad and the Lessee shall participate in the cost of maintenance thereof, but to no greater extent than required by law from time to time of other railroads in the State of Georgia in like situations on their lines in Georgia. The reservation to the State of said power of authorization shall not be exclusive, and Lessee may, as it may from time to time deem proper, authorize such laying out, building and construction of such crossings. Lessee will within sixty (60) days following final approval thereof by Lessee furnish to the State Properties Control Commission for its records a copy of each contract so entered into by the Lessee and any grantee. Nothing herein or in any authorization given by the State shall operate to prevent Lessee from recovering from any such grantee (which term "grantee" for the purposes of this sentence only shall not include the State) or other person, firm or corporation compensation for and reimbursement of any loss, expense or damage suffered by Lessee by reason of any such authorization or by reason of the actions of such grantee or other person, firm or corporation or their employees, agents, or servants, following the grant of such authorization. THIRTEEN: In the event that expenditures for acquisition of rights-of-way and for construction as described in Paragraph (2) of Section Six of this lease shall not remain charged to Additions and Betterments account as provided in said Section Six, the State shall have the option of purchasing any such tracks and structures used for railroad operating purposes, built for the purpose of providing ac cess to industries, owned by Lessee or by a subsidiary company of Lessee and diverging from the property of the Western & Atlantic Railroad, together with the underlying rights-of-way upon which these tracks and such other structures are constructed, should said rights-ofway be owned by Lessee or by a subsidiary company of Lessee. Said option shall be exercised not more than six months following termina tion or expiration of this lease. Should the State elect to exercise its rights to purchase these addi tional tracks and such other structures and the underlying rights-ofway, such purchase shall be in accordance with the following conditions, to wit: (1) The State shall, not later than six (6) months after the ex piration or termination of this lease give to Lessee notice of its desire to acquire such property. (2) If Lessee is willing to sell such property to the State, its reasonable value at the time the notice of such desire to purchase is WEDNESDAY, FEBRUARY 22, 1967 587 given to Lessee, shall be paid by the State of Georgia, and in the event the parties hereto cannot agree as to such reasonable value, the amount thereof shall be determined by arbitration as now provided in Sections 7-201 to 7-224, both inclusive, of the Code of Georgia for 1933. (3) In the event Lessee is unwilling to sell any parcel or piece of property which the State gives notice it desires to purchase, the respective rights of each shall be determined by arbitration under the aforesaid sections of the Code of Georgia. The arbitrators shall first determine whether Lessee shall be required to sell said parcel or piece of property, in determining which the arbitrators shall give considera tion to the necessity of each party for the use of said property or any portions thereof. Should said arbitrators determine that Lessee should not, if unwilling, be required to sell the whole of said parcel or piece or any portion thereof, then said arbitration shall be final as provided in said Sections of the Code of Georgia. Should, on the other hand, said arbitrators determine that Lessee should, though unwilling, be required to sell the whole of said parcel or piece of property, then said arbitrators shall be authorized to proceed to fix a reasonable value to be paid by the State. Should said arbitrators determine that the said parcel or piece of property should be divided between the parties hereto, then they shall proceed to assign to each the particular portion thereof which, in their judgment, each should have, and shall also fix the rea sonable value of the portion so assigned to the State, which value shall then become the amount to be paid by the State. Should the arbitrators determine that said parcel should be so divided, then Lessee may re quire the State, as a condition to purchasing that part assigned to it by the arbitrators, to purchase the entire parcel or piece of property at the reasonable value thereof, that value, in like manner, to be deter mined by the arbitrators. The option provisions of this Section shall apply only to acquisi tions and construction taking place during the term of this lease, pro vided, that nothing in this lease shall be construed as giving to the State the right of option to any tracks or other structures used for railroad operating purposes constructed during the term of the lease on property owned prior to the beginning of this lease by the Lessee or by any company affiliated with or subsidiary to said Lessee and con structed for use directly in connection with any facility owned prior to the beginning of this lease by the Lessee or by any company affiliated with or subsidiary to said Lessee. (4) It is further agreed that whenever the Lessee shall acquire and be prepared to enter upon the use of any property of the character of that contemplated and referred to in this Section, it shall within ninety (90) days thereafter furnish to and file with the State Properties Control Commission a statement or report setting out a description of the property, its location, its contemplated use and the purchase price thereof. If the property shall have been acquired upon a con sideration other than the payment of money, such consideration, to gether with the value of the property, shall be stated. FOURTEEN: The right is hereby expressly reserved to the State to remove and cause to be discontinued any or all encroachments and 588 JOURNAL OF THE HOUSE, other adverse uses and occupancies in and upon the right-of-way or upon other properties of the Western & Atlantic Railroad, or any part thereof, whether maintained under claim of lawful right or otherwise; and to this end Lessee hereby consents that the State may withhold delivery of possession, or right of possession to Lessee of such parts of the right-of-way and other properties as may be so adversely used and occupied, until such encroachments and other adverse uses and occupancies shall have been removed or discontinued; and the State of Georgia shall undertake to remove and cause the discontinuance of such encroachments, uses and occupancies, acting therein in its own name and behalf as the owner of the property. It is further understood and agreed that Lessee will, if and when so requested, join with the State and become a party to any proceeding, judicial or otherwise, that may be instituted by and on behalf of the State for the purpose of freeing the right-of-way and property of the Western & Atlantic Rail road from all adverse uses and occupancies; provided that nothing herein shall be construed as applying to the tenants and licensees of the present Lessee. The State agrees that it will, at the written request of Lessee, as from time to time may be made, undertake to remove such encroach ments and other adverse uses and occupancies and cause them to be discontinued. It is understood and agreed that when such adverse uses and occu pancies shall have been removed by judicial proceedings or otherwise the use of the same for the remaining period of the lease shall inure to the benefit of Lessee to the same extent as the other portions of the right-of-way and properties herein conveyed shall inure to it under the terms and provisions of this contract. FIFTEEN: Should, during the term of this lease, any building or other structure now upon the property of the State included in this lease, or any building or other structure hereafter constructed thereon, be damaged or destroyed by fire or other casualty, the Lessee shall advise the State Properties Control Commission in writing within sixty days following such damage or destruction and if such building or structure be then reasonably needed for railroad operating purposes, Lessee binds and obligates itself to restore such building or structure, within a reasonable time, in substantially as good condition as previous to said damage or destruction, provided, that Lessee shall not be re quired to replace or restore any building or structure which may have been built wholly or partially on said State property by parties other than Lessee, prior lessees or the State. SIXTEEN: It is expressly agreed that this lease is made subject to the aforesaid Acts and Resolutions of the General Assembly of Geor gia authorizing the making of this lease and that if any of the terms or conditions in this lease are found to be deficient or in conflict or inconsistent with any of the terms or provisions of the aforementioned Acts or Resolutions of the General Assembly, in such event the terms and provisions of said Acts and Resolutions shall govern and control, and all other terms, conditions and provisions of this lease shall con tinue in full force and effect the same as if such statutory terms and provisions had been expressed herein. WEDNESDAY, FEBRUARY 22, 1967 589 SEVENTEEN: The State will extend to Lessee the right to re new this lease for a rental and conditions which are fair and reasonable. The State agrees to advise Lessee prior to December 31, 1992, but not before January 1, 1992, of reasonable terms and conditions upon which the State will renew the lease, which advice shall constitute an offer to lease upon such terms and conditions. Lessee agrees to advise the State within six months after notification of the State's proposed terms if they are acceptable by Lessee, which notification may contain alter native proposed terms and conditions. If such alternative proposed terms and conditions are so contained, the parties shall endeavor, in good faith, to negotiate a satisfactory lease. Should such good faith negotiations not result in agreement upon a further lease, nothing herein shall prohibit Lessee from subsequently bidding on or seeking renewal of the lease in competition with others or through further and later negotiation with the State. EIGHTEEN: The State, at the time of the execution of this lease contract, represents that the land and improvements thereon comprising the railroad herein leased, are complete in all respects and in good serviceable condition, ready for operation. The Lessee shall receive the road and roadbed, stations and other property of the Western & Atlantic Railroad in its condition at the time this lease contract is executed, ordinary and natural wear and tear until the expiration of the present lease excepted. The State Properties Control Commission shall, not later than one year prior to the effective date of this lease, with such expert assistance as it may deem advisable, carefully examine the road, roadbed and its appurtenances, and prepare a full and complete re port of the condition of the same, and a copy of such report will be furnished to the Lessee. NINETEEN: The Lessee shall keep adequate records and books of account, classified in accordance with the Interstate Commerce Com mission rules and regulations governing the accounting of Class I carriers by railroad, showing all items of whatever nature that are material to this lease contract in connection with the performance thereof. The Lessee shall also maintain such other adequate records as will be sufficient to allow determination of compliance with the pro visions of this lease. In addition, the Lessee will supply the State with two complete sets of valuation maps of the Western & Atlantic Railroad one set with the Georgia Public Service Commission and one set with the State Properties Control Commission--with such maps to be kept current by the filing of revisions thereto of changes made in the rail road property and tracks. Such revised maps shall be filed not later than April 1 of each year. TWENTY: The Western & Atlantic Railroad shall be identified and operated as a division or sub-division of the Lessee's railroad system and the principal office of said division or sub-division shall be within the limits of the State of Georgia. TWENTY-ONE: The Lessee shall permit inspection of the West ern & Atlantic Railroad by the authorized representatives of the State, identified by writing delivered or exhibited to the Lessee, at reasonable 590 JOURNAL OF THE HOUSE, times. The Lessee shall be notified in writing of any deficiencies noted under the terms of this lease contract. TWENTY-TWO: Where delegation is made herein to the State Properties Control Commission or the Georgia Public Service Commis sion for the performance of any duties in connection with this lease, the State reserves the right through appropriate action by the General Assembly of the State of Georgia to appoint such other authority as it may designate to perform such duties. TWENTY-THREE: The parties hereto recognize that the Metro politan Atlanta Rapid Transit Authority may wish to use certain por tions of the subject railroad properties in the corporate limits of the City of Atlanta and in the counties of Fulton and Cobb for the purpose of a rapid transit project or projects as defined in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended. The State is desirous of cooperating with the said Transit Authority in planning, designing and constructing a rapid transit system, and it is the de sire of the State in executing this lease that the Lessee will undertake to give its prompt, full and good faith cooperation to said Transit Authority, consistent with the maintenance of safe, efficient and eco nomical railroad service to the public, as it undertakes to establish a rapid transit system in Metropolitan Atlanta. TWENTY-FOUR: The State and the Lessee recognize that the consummation, terms, conditions, covenants and performance of this lease will be subject to the applicable provisions of the Interstate Com merce Act and to other applicable provisoins of the law. As soon as practicable but not more than ninety (90) calendar days after the date of execution of this lease contract, Lessee shall make application to the Interstate Commerce Commission for an order au thorizing it to lease and operate the Western & Atlantic Railroad under the terms and conditions herein set forth. Any provisions herein to the contrary notwithstanding, this lease contract shall not take force and effect, nor shall either party have any responsibility hereunder (except to make application to the Interstate Commerce Commission as in this section provided) or be liable to the other until there shall have be come effective an order of the Interstate Commerce Commission author izing Lessee to lease and operate the Western & Atlantic Railroad pur suant to the provisions of this lease contract on terms and conditions that are entirely acceptable to the State and to the Lessee, each acting in its sole discretion. It is specifically agreed that all provisions con tained in this lease as of the date of execution by Lessee are so entirely acceptable to the State and to the Lessee and that the only terms and conditions that either the State or the Lessee has the right to consider further shall be those terms and conditions imposed by any order of the Interstate Commerce Commission in proceedings instituted seek ing authorization and approval of this lease or which are changed, altered, deleted, added or affected directly or indirectly by any such order of the Interstate Commerce Commission in such proceedings or which shall impose on the State or the Lessee any additional conditions or requirements beyond those contained in this lease. As used in this paragraph, the word "affected" shall not be deemed to include authori zation and approval of this lease as a whole by the Interstate Commerce Commission. WEDNESDAY, FEBRUARY 22, 1967 591 It is further agreed that if either party hereto is of the opinion that any such order of the Interstate Commerce Commission does so change, alter, delete from, add to, or affect, directly or indirectly, any provision of this lease, or impose on the State or on the Lessee any additional conditions or requirements beyond those contained in this lease, then such party shall, within thirty days after receipt of such order, so advise the other party. The notice of such advice shall also contain a notice stating whether such advising party wishes to nego tiate with the other party to the end of reaching agreement as to the continued effectiveness of this lease as it may have been required to be changed, altered, diminished by deletions, added to or otherwise af fected. In the event the advising party wishes so to negotiate, and gives notice to that effect, the parties shall promptly commence such nego tiations. If agreement shall be reached, this lease shall be appropriately amended, and a supplemental application, pleading or other document appropriate in the 'circumstances shall be promptly submitted by Lessee to the Interstate Commerce Commission. IN WITNESS WHEREOF, the said ---._,,____, as Governor of the State of Georgia and Chairman of the State Properties Control Commission, has hereunto attached his official signature and caused to be affixed the great seal of the State of Georgia and the seal of the State Properties Control Commission, in behalf of said State, in duplicate, and Lessee, SOUTHERN RAILWAY COMPANY, has signed and executed this contract and has affixed its seal if any, thereto, also in duplicate on the day and year above written. STATE OF GEORGIA BY ..............,,_..______......,,_.................._____.____........ As Governor and as Chairman of the State Properties Control Commission Attest: ._-------_--.-_--__.____....__.......,,....,, As Secretary of the State Properties Control Commission Signed, sealed and delivered in the presence of: Notary Public SOUTHERN RAILWAY COMPANY Lessee Attest: Signed, sealed and delivered in the presence of: /s/ D. W. Brosnan, President. L.S. ATTEST: M. M. Davenport Assistant Secretary /s/ W. Graham Clayton, Jr., Notary Public in and for the District of Columbia. My Commission Expires Jan. 14, 1971. APPENDIX A 0to1 to List of Railroad Properties and Facilities referred to in "Additions" paragraph ol Section One of Lease (Pages 7-8) Category C--Industrial Tracks Connecting with the Western & Atlantic Railroad in which the Louisville & Nashville Rail road has investment in track materials (right-of-way either industry-owned or public property) City or Station Atlanta Atlanta Atlanta Atlanta Atlanta Atlanta Marietta Acworth Acworth Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Adairsville Adairsville Name of Company or Industry Coca-Cola Co. Coca-Cola Co. Fulton Warehouse Central Metal Hide Co. Whitaker Oil Co. (McQueen Solvents) E. I. DuPont Southland Ice Coats & Clark, Inc. Mooravian Pulpwood Co. Georgia Pipe Co. J. W. Hodge (Harris Prod., Inc.) Harris Products, Inc. Kerr-McGee Oil, Inc. Kerr-McGee Oil, Inc. Duncan Wholesale Co. I Cannon Craft Co. J The Moore Co. Bartow Seed & Feed Knight Mercantile Co. Cotton Producers Assn. Candlewick Yarn Mills Southland Ice Co. Team Track Smith Bros. C. M. Worthington Track No.(s) Serving 185 186 4 255 487 70 703 704 705 707 707-A 619 708 709 622 710 713 714 724 Valuation Section Number 78+04 78+04 101+82 116+26 221+07 out 69f 1090+95 1793+241 1802+51 1 2475+94 out 707 at 1+22 out 707 at 6+14 2499+48 out 708 at 2+12 out 709 at 13+45 2508+58 2509+43 1 2514+46 J 3602+88 Cost to L&N off W & A E/W (See Note 1) $ 481.88 1,104.48 t-i 990.98 O 148.63 <3 823.56 1,235.92 g>> 103.97 F 2,742.40 O 1,649.37 H 230.27 500.03 W 1,619.85 W Oc! 4,343.89 H 2,378.21 652.46 1,621.49 503.60 tL&N to furnish access to E. I. DuPont (Track 70) through Waterworks Spur (Track 69) APPENDIX A List of Railroad Properties and Facilities referred to in "Additions" paragraph oi Section One of Lease (Pages 7-8) Category C--Industrial Tracks Connecting with the Western & Atlantic Railroad in which the Louisville & Nashville Rail road has investment in track materials (right-of-way either industry-owned or public property) City or Station Calhoun Calhoun Calhoun Calhoun Calhoun Calhoun Calhoun Dalton Dalton Dalton Dalton Dalton Dalton Dalton Dalton Tyner Chattanooga Chattanooga Chattanooga Name of Company or Industry Team Track Unused Track Moss Builders Supply i Farmers Mutual Exchange j Moss Gin & Feed Co. [ Echota Cotton Mill J Echota Cotton Mill Sinclair Refining Co. Sims Textile Warehouse Retail Service, Inc. Acme Lumber & Supply Co. Bowen Bros. * Crown Cotton Mills *Crown Cotton Mills Unused (M. D. Smith) Adair & McCarty Co. Lead Track Cherokee Warehouse Cherokee Warehouse Track No.(s) Serving 725 727 726 644, 645 729 730 731 652 651 728 704 712 6 7,8 Valuation Section Number 4112+67 4174+21 4157+57 ' out 726 5230+75 5236+30 5254+05 # * 5215+74 6806+72 7085+02 out 712 at 8+25 } out trk. 6 / Cost to L&N off W & A R/W (See Note 1) 717.20 708.26 M G H 8,283.83 G 52.04 ~^ 269.94 td 553.82 493.02 221.86 ^ 481.41 1,548.77 to " 649.99 CD O5 2,469.06 'Connects with track No. 732 owned by industry. Note 1--The figures shown under the head "Cost" are as of August 31, 1966. They are subject to change upward or downward, and to complete elimination, after such date. APPENDIX A Cn . List of Railroad Properties and Facilities referred to in "Additions" paragraph of Section One of Lease (Pages 7-8). Category D--Lead tracks and team tracks connecting with Western & Atlantic Railroad where both tracks and rightof-way are owned or controlled by Louisville & Nashville Railroad; also industrial tracks connecting with such lead tracks City or Station Name of Company or Industry Track No.(s) Serving Valuation Section Number Cost to L&N off W & A R/W (See Note 1) Atlanta Southern Hide Co., Pioneer Boneless Beef, McClure-Burnett, Foundation Atlanta Whse. Terminal Lead Track 700 5 135+96 out 116 $ 2,722.62 O Cj Atlanta Stock lead 116 145+78 1,938.23 Atlanta Lead Track 485-A 228+70 Atlanta Swift & Co. 148 out 485-A at 227+10 *4,217.33 Atlanta Swift & Co. 8 out 148 *2,668.66 Atlanta Swift & Co. 30 out 148 *3,779.49 Atlanta Swift & Co. 149 out 485-A at 226 + 35 *3,446.14 H Atlanta Swift & Co. Lead Track 481 553 out 485-A 191+64 *9,189.29 101,365.74 W H (Southland Industrial District) Lead Track Lead Track Empire Distributing 111 111-C 111-C Ind. Ex. out 553 (see Note 2) out 111 at 20+47 14,826.31 Ex. 111-C M O dw Walro Realty Co. (R.C.A.) 111-D out 111-C at 7+48 1,269.76 D. H. Overmeyer (The Dayco Corp.) 111-E out 111-C at 14+52 2,469.20 J. P. Realty Co. (Howard Paper Co.) 111-B out 111-C at 15+69 2,396.14 Lead Track 110 out 111 at 26+34 36,093.94 Anderson McGriff Co. 110 Ind. Ex. Ex. 110 Weyerhaeuser Co. 110-A out 110 at 10+13 3,804.59 Lead Track 114 out 111 at 27+34 32,914.40 Masonite Corporation 114 Ind. Ex. Ex. 114 Sacco Corp. (Pennick & Fort, Ltd.) 130 out 114 at 9+53 2,217.15 Lead Track 126 out 114 at 11+05 2,795.62 Cherokee Invest. Co. (Weyerhaeuser Co.) 126 Ind. Ex. Ex. 126 E. L. Moon (Owen Corning Fiberglass) 114-B out 114 at 14+30 3,012.96 APPENDIX A List of Railroad Properties and Facilities referred to in "Additions" paragraph of Section One of Lease (Pages 7-8). Category D--Lead tracks and team tracks connecting with Western & Atlantic Railroad where both tracks and rightof-way are owned or controlled by Louisville & Nashville Railroad; also industrial tracks connecting with such lead tracks City or Station Atlanta (Southland Industrial District) Name of Company or Industry Realty Co. of Ga. (Jacksonville Paper) Ben J. Massell (Hotpoint Div.) Anderson-McGriff Lead Track K. D. Holding Co. (Rheem Mfg. Co., Mod. Whse.) Lead Track Westinghouse Elec. Co. (Lockheed Aircraft Corp.) Lead Track T. B. Minims (Fiber Corp.) Lead Track Kasa Investment Co. (U.S. Plywood) Lead Track Chatta. Southern Corp. (Reynolds Metals Co.) Westinghouse Elec. Co. (Lockheed Aircraft Corp.) Lead Track Southeastern Facilities Co. (General Cable Corp.) Lead Track Lead Track Burger King Properties Hugh M. Marx (Piedmont Paper Co.) Lead Track Freight Delivery Service Track No.(s) Serving 114-A 114-C 118 119 119 Ind. Ex. 120 120 Ind. Ex. 132 132 Ind. Ex. 124 124 Ind. Ex. 122 122 Ind. Ex. 120-A 123 123 Ind. Ex. 127 152 152-A 152-B 153 153-A, 153-B Valuation Section Number out 114 at 18+78 out 114 at 19+75 out 111 at 42+58 out 111 at 28+24 Ex. 119 out 111 at 45+00 Ex. 120 out 120 at 6+07 Ex. 132 out 120 at 2+89 Ex. 124 out 120 at 7+61 Ex. 122 out 120 at 13+61 out 111 at 47+20 Ex. 123 out 111 at 29+25 out 127 at 4+12 out 152 at 5+80 out 152 out 152 at 6+391 out 153 / Cost to L&N off W & A E/W (See Note 1) 8,868.81 2,406.79 WEDNESD^ 1,152.58 18,238.74 ! 27,988.99 H M 1,481.89 2,493.56 to 3,727.57 13,966.07 18,510.00 3,442.00 Est. 5,550.00 Est. 66,200.00 Est. Oto1 01 APPENDIX A List of Railroad Properties and Facilities referred to in "Additions" paragraph of Section One of Lease (Pages 7-8). Category D--Lead tracks and team tracks connecting with Western & Atlantic Railroad where both tracks and rightof-way are owned or controlled by Louisville & Nashville Railroad; also industrial tracks connecting with such lead tracks City or Station Name of Company or Industry Track No.(s) Serving Valuation Section Number Cost to L&N off W & A K/W (See Note 1) Atlanta Northside Corp. (Marquette Mfg.) 127-A out 127 at 5+55 202.01 (Southland Industrial District) Lead Track Wellston Co. (U.S. Post Office) Lead Track 131 out 127 at 7+59 2,144.47 H 131 Ind. Ex. Ex. 131 O 125 out 127 at 14+20 1,836.04 cl Trammell Crow (Acousti Engr. Co.) 125 Ind. Ex. Ex. 125 Lead Track 128 out 127 at 15+83 2,813.81 A Ad Company, Inc. (Alcan 128 Ind. Ex. Ex. 128 F Aluminum Corp.) Walworth (Somerville Paper Co.) 129 out 127 at 18+50 1,973.67 O*1 Lead Track Lead Track 113 113-A out 111 at 37+24 (see Note 2) H out 113 1,876.58 W O'Neal Steel Co. 113-A Ind. Ex. Ex. 113-A Lead Track National Dist. Co. Addison-Rudesal, Inc. Southern Baptist Conv. (Reynolds Metal) 112 112 112-B 112-A out 111 at 45+18 (see Note 2) extended O cj out 112 at 3+25 1,396.70 CQ out 112 at 11+40 928.12 H Bolton Bolton Lead Track (also Ga. Power Co.) Ga. Power Co. 733 400+12 654 out 733 153,615.53 Bolton Bolton Ga. Power Co. Ga. Power Co. 733-A 733-B out 733 37,239.09 Bolton Southern Cement Co. 655 out 733 148,721.82 North Atlanta Lead Track (also Overmeyer) 736 419+05 f7,716.00 North Atlanta D. H. Overmeyer 736-A out 736 f7,447.53 APPENDIX A List of Railroad Properties and Facilities referred to in "Additions" paragraph of Section One of Lease (Pages 7-8). Category D--Lead tracks and team tracks connecting with Western & Atlantic Railroad where both tracks and rightof-way are owned or controlled by Louisville & Nashville Railroad; also industrial tracks connecting with such lead tracks City or Station Marietta Marietta Marietta Marietta Marietta Marietta Marietta Marietta Marietta Marietta Marietta Marietta Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Name of Company or Industry Lead Track Sinclair Refining Co. Daniel Concrete Co. Gulf Oil Corporation Standard Oil Co. Glover Machine Works (vacant) Team Track Team Track Team Track Grover Coal Co. Glover Machine Works (vacant) Nunn-Better Industries Lead Track Chemical Products Corporation Chemical Products Corporation J. R. Dillinger Union Carbide Corporation Thompson-Weinman Co. Chemical Products Corp. Bartow Gravel Co. Thompson-Weinman Co. Lead Track William Davies Co. William Davies Co. Union Carbide Corp. Farmers Mutual Exch. Cotton Prod. T. W. Duncan (Duncan Wholesale Co.) Track No.(s) Serving Valuation Section Number Cost to L&N off W & A R/W (See Note 1) 701 1035+59 4,033.05 OJ O 603 604 out 701 at 8+75 out 701 at 8+32 11,966.50 .* 605 out 701 at 7+81 1,173.84 H 601 out 701 at 12+98 *971.46 W 602 606 out 701 at 17+68 out 701 at 18+43 *1,637.42 *2,872.30 jC-HH 706 617 2468+41 out 706 at 13+65 7,434.43 *934.47 KWH 617-A, 617-B out 617 ttoo 612 out 706 at 16+50 653 out 706 at 18+14 f2,254.12 to 616 out 706 at 27+60 tl,011.94 Ci -3 614 out 706 at 28+62 *999.01 615 out 706 at 29+45 t 647.44 613 out 706 at 30+17 fl,195.64 656 656-C out 706 at 12+00 \ out 656 at 39+59 / $26,873.23 656-A out 656 at 40+89 $2,868.24 656-D out 656 at 5+45 f2,669.68 656-E 656-B out 656 at 30+21 f2,789.02 OI out 650 at 33 + 85 f2,679.72 CO -q APPENDIX A to 00 List of Railroad Properties and Facilities referred to in "Additions" paragraph of Section One of Lease (Pages 7-8) Category D--Lead tracks and team tracks connecting with Western & Atlantic Railroad where both tracks and rightof-way are owned or controlled by Louisville & Nashville Railroad; also industrial tracks connecting with such lead tracks City or Station Cartersville Cartersville Cartersville Cartersville Kingston Kingston Chickamauga Chickamauga Chickamauga Chickamauga Chickamauga Chickamauga Chickamauga Chickamauga Tyner Tyner Tyner Tyner Tyner Tyner Tyner E. Chattanooga Name of Company or Industry Lead Track Ore Loading Track Enterprise Oil Co. Aker Coal Co. Lead Track Kingston Concrete Products Co. Lead Track Southeast Polymers, Inc. Martin Shaw (Jewel Tea Co.) Lead Track Burckart-Schier Chemical J. Gilbert Stein (D. H. Overmeyer) Industrial Lead (road crossing) Moore-Handley Tyner Spur Lead Track Volunteer Army Ammunition Plant & Farmers Chemical Assn., Inc. Van Heusen Corporation Team Track Standard Oil Co. (Esso) Shell Oil Co. Standard Oil Co. Lead Track Track No.(s) Serving 711 625 717 725 725 Ind. Ex. 28 720 720 Ind. Ex. 30 26 29 718 718 Ind. Ex. 27 15 14 21 22 721 Valuation Section Number 2498+09 out 711 Cost to L&N off W & A K/W (See Note 1) 5,441.56 o *861.60 c| 6684+21 21,847.52 Ex. 725 out 725 at 12+06 13,146.58 *3 6703+59 13,185.97 H Ex. 720 W out 720 out 720 out 720 at 6+67 19,456.32 *3,710.56 10,138.47 H owc| 6803+20 139,647.93 CQ Ex. 718 out 718 at 55+30 12,000.44 out 718 at 72+41 4,583.59 out 718 at 77+99 f 851.26 out 14 at 4+30 out 14 at 11 + 79 6999+15 2,438.44 APPENDIX A List of Railroad Properties and Facilities referred to in "Additions" paragrap of Section One of Lease (Pages 7-8). Category D--Lead tracks and team tracks connecting with Western & Atlantic Railroad where both tracks and rightof-way are owned or controlled by Louisville & Nashville Railroad; also industrial tracks connecting with such lead tracks City or Station Name of Company or Industry Track No.(s) Serving Valuation Section Number Cost to L&N off W & A R/W (See Note 1) E. Chattanooga E. Chattanooga E. Chattanooga E. Chattanooga E. Chattanooga C. J. Patterson (Holsum Bread Co.) Grant-Patton Milk Co. East Chattanooga Coal Co. E. R. Carpenter Co. Chattanooga Tfr. & Storage Co. 721 Ind. Ex. Ex. 721 3 24-B out 721 at 3+28 'EDNESDj! 721-A out 721 at 5+71 12,167.99 25 out 721 at 7+63 fl,727.59 ""Track materials only. Industry owns R/W. r^ tL&N has easement to R/W for indefinite period. K| ^Includes track materials in track 656-C. Industry owns R/W for track 658-C. Note 1--The figures shown under the heading "Cost" are as of August 31, 1966. They are subject to change upward or downward, and to com plete elimination, after such date. Note 2--Investment of $101,365.74 includes lead tracks 553, 111, 112, and 113. td Ki bo to to APPENDIX A g o List of Railroad Properties and Facilities referred to in "Additions" paragraph of Section One of Lease (Pages 7-8). Category E--Yard Facilities City or Station Atlanta Name of Facility Tilford Yard Track No.(s) Serving Multiple Cost to L&N off W & A R/W (See Note 1) $14,067,044.15 Note--This figure includes work in progress at August 31, 1966. Of the above total, $625,958.05 represents the automobile CH facility; and $311,648.59 the piggyback facility. O wO M O FOR CATEGORIES A AND B SEE TRACK FACILITIES LIST ATTACHED TO OFFICIAL LEASE MAPS OF THE WESTERN & ATLANTIC RAILROAD. WEDNESDAY, FEBRUARY 22, 1967 601 On the adoption of the substitute to the Committee substitute, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Ballard Barber Barfield Bennett Berry, C. E. Blalock Bond Bostick Bowen Brantley, H. L. Brown, B. D. Brown, C. Busbee Caldwell Cato Chandler Clarke Collins, J. F. Collins, M. Cooper, J. R. Crowe, W. J. Dodson Dollar Douglas Edwards Egan Fallin Farmer Gary Gay Hale Hall Harrington Holder Howell Hutchinson Irvin Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Knapp Laite Lambert Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Mason Matthews, D. R. Mauldin Melton Miller Minge Moore, Don C. Nessmith Newton Otwell Pafford Palmer Parker, H. W. Pickard Ragland Reaves Richardson Ross Rowland Smith, J. R. Stalnaker Steis Sullivan Thomas Thompson, A. W. Thompson, R. Tucker Underwood Vaughan, D. N. Wells Williams Wilson, R. W. Winkles Wood Those voting in the negative were Messrs.: Adams Alexander Anderson Battle Berry, J. K. Black Branch Brantley, H. H. Bray Buck Carnes Gates Cheeks Cole Colwell Conner Cook Cooper, B. Cox Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dorminy Doster Farrar Fleming Floyd Funk Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harris, J. F. Harris, J. R. Harris, R. W. Harrison 602 Henderson Higginbotham Hill Hood Howard Jenkins Johnson, B. Kirksey Lambros Lane, Dick Leggett Levitas Longino Lovell Lowrey Magoon Matthews, C. Maxwell McClatchey McCracken McDaniell Merritt Mixon JOURNAL OF THE HOUSE, Moate Moore, J. H. Moreland Mullinax Murphy Nash Nimmer Northcutt Odom Oglesby Paris Parker, C. A. Phillips Poss Potts Rainey Roach Rush Russell Savage Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Starnes Sweat Threadgill Town send Turner Tye Vaughn Walling Wamble Ward Ware Westlake Whaley Wiggins Wilson, J. M. Those not voting were Messrs.: Land Malone Parrish Peterson Scarlett Mr. Speaker On the adoption of the substitute to the Committee substitute, the ayes were 86, nays 112. The motion was lost. On the adoption of the substitute, offered by the Committee of the Whole, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams Alexander Anderson Battle Berry, J. K. Black Bond Branch Brantley, H. H. Bray Brown, B. D. Buck Games Gates Cheeks Cole Colwell Conner Cook Cooper, B. Cox Crowe, William Daugherty Davis Dean DeLong Dent WEDNESDAY, FEBRUARY 22, 1967 603 Dickinson Dillon Dixon Dorminy Doster Edwards Farrar Fleming Floyd Funk Gaynor Gignilliat Grahl Grier Had away Hamilton Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Hood Howard Jenkins Johnson, B. Kirksey Lambros Lane, Dick Leggett Levitas Longino Lovell Lowrey Matthews, C. Maxwell McClatchey McCracken McDaniell Merritt Mixon Moate Moore Moreland Mullinax Murphy Nash Nessmith Nimmer Northcutt Odom Oglesby Paris Parker, C. A. Phillips Poss Potts Rainey Roach Rush Russell Savage Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Starnes Sweat Threadgill Townsend Turner Tye Vaughn Walling Wamble Ward Ware Westlake Whaley Wiggins Wilson, J. M. Those voting in the negative were Messrs. Ballard Barber Barfield Bennett Berry, C. E. Blalock Bostick Bo wen Brantley, H. L. Brown, C. Busbee Caldwell Cato Chandler Clarke Collins, J. F. Collins, M. Cooper, J. R. Crowe, W. J. Dailey Dollar Douglas Egan Fallin Farmer Gary Gay Hale Hall Harrington Holder Howell Hutchinson Irvin Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Knapp Laite Lambert Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Magoon Mason Matthews, D. R. Mauldin Melton Miller Minge Moore, Don C. Newton Otwell Pafford Palmer Parker, H. W. Pickard Ragland Reaves Richardson 604 Ross Rowland Smith, J. R. Stalnaker Steis Sullivan JOURNAL OF THE HOUSE, Thomas Thompson, A. W. Thompson, R. Tucker Vaughan Wells Williams Wilson, R. W. Winkles Wood Those not voting were Messrs.: Dodson Land Malone Parrish Peterson Scarlett Underwood Mr. Speaker On the adoption of the Committee substitute, the ayes were 114, nays 82. The Committee substitute was adopted. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Adams Alexander Anderson Battle Berry, J. K. Black Branch Brantley, H. H. Bray Buck Carnes Cates Cheeks Cole Colwell Conner Cook Cooper, B. Cox Crowe, William Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dorminy Doster Edwards Parrar Fleming Floyd Funk Gaynor Gignilliat Grahl Grier Hadaway Hamilton Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Howard Jenkins Johnson, B. Kirksey Lambros Leggett Levitas Longino Lovell Lowrey Matthews, C. Maxwell McClatchey McCracken McDaniell Merritt Mixon Moate Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Nimmer Northcutt Odom WEDNESDAY, FEBRUARY 22, 1967 605 Oglesby Paris Parker, C. A. Phillips Poss Potts Rainey Roach Rush Russell Savage Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Starnes Sullivan Sweat Threadgill Town send Turner Tye Vaughn, C. R. Walling Wamble Ward Ware Westlake Whaley Wiggins Wilson Those voting in the negative wer Messrs.: Ballard Barber Barfield Bennett Berry, C. E. Blalock Bostick Bo wen Brantley, H. L. Brown, C. Busbee Caldwell Cato Chandler Clarke Collins, J. F. Collins, M. Cooper, J. R. Crowe, W. J. Dailey Dodson Dollar Douglas Egan Fallin Farmer Gary Gay Hall Harrington Holder Hood Howell Hutchinson Irvin Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Knapp Laite Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Magoon Mason Matthews, D. R. Mauldin Melton Miller Minge Moore, Don C. Newton Otwell Pafford Palmer Parker, H. W. Pickard Ragland Reaves Richardson Ross Rowland Smith, J. R. Stalnaker Steis Thomas Thompson, A. W. Thompson, R. Tucker Underwood Vaughan, D. N. Wells Williams Wilson, R. W. Wood Those not voting were Messrs.: Bond Brown, B. D. Hale Kaylor Land Malone Parrish Peterson Scarlett Winkles Mr. Speaker 606 JOURNAL OP THE HOUSE, On the adoption of the Resolution, by substitute, the ayes were 111, nays 82. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. Mr. Caldwell of the 51st gave notice that at the proper time, he would ask the House to reconsider its action in giving the requisite constitutional majority to HR 25-56, by Committee substitute. Under the general order of business, the following Bill of the House was taken up for consideration and read the third time: HB 328. By Messrs. Caldwell of the 51st, Walling of the 118th, Brantley of the 63rd and many others: A Bill to be entitled an Act to amend an Act relating to the apportion ment of the membersip of the House of Representatives, so as to provide for the apportionment of the members of the House of Representatives; to provide for Representative Districts; and for other purposes. By unanimous consent, further consideration of HB 328 was postponed until Thursday, February 23, 1967. 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, tommorrow morning. THURSDAY, FEBRUARY 23, 1967 607 Representative Hall, Atlanta, Georgia Thursday, February 23, 1967 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. John Maxwell, Pastor First Methodist Church, Austell, 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: 608 JOURNAL OP THE HOUSE, HB 413. By Messrs. Lane of the 126th, Dillon of the 128th, Cook of the 123rd, Hood of the 124th, Gates of the 123rd and others: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point in Fulton County relating to the Mayor; and for other purposes. Referred to the Committee on Local Affairs. HB 414. By Messrs. Davis of the 119th, Smith and Palmer of the 117th, Snow of the 1st, Games of the 129th and others: A Bill to be entitled an Act to provide no elected county or municipal official shall be qualified to serve as a member of the General Assembly of the State of Georgia; and for other purposes. Referred to the Committee on State of Republic. HB 415. By Mr. Dorminy of the 72nd: A Bill to be entitled an Act to amend an Act revising the charter for the City of Fitzgerald; and for other purposes. Referred to the Committee on Local Affairs. HB 416. By Messrs. Clarke of the 45th and Tucker of the 36th: A Bill to be entitled an Act to amend Code Section 83-101, relating to the power of ordinaries to grant certain private ways, so as to authorize ordinaries to grant private ways to individuals for the pur pose of going to and from their property and places of residence; and for other purposes. Referred to the Committtee on Judiciary. HB 417. By Mr. Cooper of the 16th: A Bill to be entitled an Act to abolish the present mode of compensating the Solicitor General of the Northwestern Judicial Circuit known as the fee system; and for other purposes. Referred to the Committee on Special Judiciary. HB 418. By Mr. Hale of the 1st: A Bill to be entitled an Act to amend an Act entitled "Revenue Bond Law", so as to change the maximum maturity date of such revenue bonds; and for other purposes. Referred to the Committee on Special Judiciary. THURSDAY, FEBRUARY 23, 1967 609 HR 146-418. By Messrs. Hale, Snow and Crowe of the 1st: A Resolution proposing an amendment to the Constitution so as to create the Bade County Industrial Development Authority; and for other purposes. Referred to the Committee on Local Affairs. HB 419. By Messrs. Farrar and Walling of the 118th and Lane of the 64th: A Bill to be entitled an Act to provide for the safety of life, limb, and property, and to formulate, promulgate and enforce rules and regulalations for the safe construction, installation, inspection, operation maintenance and repair of boilers and unfired pressure vessels by the Inspection Division of the Department of Labor; and for other purposes. Referred to the Committee on Industry. HB 420. By Messrs. Lambros of the 130th, Hood of the 124th, Rainey of the 69th, Cox of the 127th and Gates of the 123rd: 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 421. By Messrs. Bennett of the 95th and Bostick of the 93rd: A Bill to be entitled an Act to provide that motor vehicles shall be taxed in the same manner as all other tangible property owned in this State; and for other purposes. Referred to the Committee on Ways and Means. HR 147-421. By Mr. Parker of the 55th: A Resolution compensating Mrs. Marjorie K. Knight, and for other purposes. Referred to the Committee on Appropriations. HB 422. By Messrs. Northcutt, Gary and Lee of the 35th: A Bill to be entitled an Act to add one additional judge of the Superior Court for the Clayton Judicial Circuit so as to provide for two judges, in said court, and for other purposes. Referred to the Committee on Judiciary. 610 JOURNAL OF THE HOUSE, HR 148-422. By Mr. Simmons of the 9th: A Resolution proposing an amendment to the Constitution so as to create the Gilmer County Industrial Development Authority; and for other purposes. Referred to the Committee on Local Affairs. HB 423. By Mr. Rowland of the 48th: A bill to be entitled an Act 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 buildings, furniture and equipment therefor; and for other purposes. Referred to the Committee on Appropriations. HR 149-423. By Mr. Simmons of the 9th: A Resolution authorizing the conveyance of a certain tract of stateowned property to Pickens County; and for other purposes. Referred to the Committee on State Institutions & Property. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 384. By Messrs. Lane of the 126th, Winkles of the 120th, Hill of the 121st, Hood of the 124th, Cook of the 123rd and Dillon of the 128th: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point in Fulton County, so as to create a Local Advisory Board; and for other purposes. HB 385. By Messrs. Grier of the 132nd, Lambros of the 130th, Hood of the 124th, Adams of the 125th and others: A Bill to be entitled an Act to amend an Act known as the "Aid to Dependent Children Act", so as to change the definition of the term "dependent child"; and for other purposes. HB 386. By Messrs. Henderson and Wilson of the 102nd, Cooper of the 103rd, DeLong of the 105th, Crow and Snow of the 1st, Ware of the 2nd and Underwood of the 61st: A Bill to be entitled an Act to amend Code Section 84-1404 of the Code of Georgia, relating to the Georgia Real Estate Commission, so as to THURSDAY, FEBRUARY 23, 1967 611 change the number of members of said Commission; and for other purposes. HB 387. By Mr. Underwood of the 61st: A Bill to be entitled an Act to provide that where a county exercises the power of taxation for public purposes that no levy need state the particular purpose for which the same was made nor shall any taxes collected be allocated for any particular purpose; and for other purposes. HB 388. By Messrs. Cole, Smith and Leonard of the 3rd: A Bill to be entitled an Act to amend an Act amending the various Acts incorporating the City of Dalton, so as to authorize the Mayor and Council of the City of Dalton by resolution to designate the county registrar and others in the employ of the county registrar to receive city voter registrations; and for other purposes. HB 389. By Mr. Leggett of the 21st: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Paulding County, so as to provide certain minimum compensation for the employees of said county; and for other purposes. HB 390. By Mr. Leggett of the 21st: A Bill to be entitled an Act to amend an Act amending and superseding the several Acts incorporating the Town of Hiram, so as to authorize the mayor and council to appoint a recorder and preside over the Recorder's Court; and for other purposes. HR 137-390. By Messrs. Grier of the 132nd, Lambros of the 130th, Winkles of the 120th, Hood of the 124th, Adams of the 125th and others: A Resolution creating a committee to study the subject of crime among juveniles; and for other purposes. HR 138-390. By Messrs. Newton and Lewis of the 50th: A Resolution authorizing the grant of an easement and transfer of certain real property located in Jenkins County; and for other pur poses. HB 391. By Mr. Grahl of the 52nd: A Bill to be entitled an Act to amend Code Section 23-2304 relating to the burial of paupers, so as to prescribe a minimum and maximum 612 JOURNAL OF THE HOUSE, figure which may be expended by the County for the burial of paupers; and for other purposes. HB 392. By Mr. Vaughn of the 117th: A Bill to be entitled an Act to appeal Sections 83-101 through 83-106 and 83-118 of the Code of Georgia, so as to provide a procedure for condemnation of Private Ways by individual persons and corporations to go from and return to their farms, places of residence, and places of business; and for other purposes. HB 393. By Mr. Jones of the 76th: A Bill to be entitled an Act to amend Section 38-418 of the Code of Georgia relative to admissions and communications excluded from con sideration of public policy to provide that communications between psychiatrist and patient shall be privileged except in cases involving custody or welfare of minor children; and for other purposes. HB 394. By Messrs. Johnson of the 40th, Williams and Wood of the 16th: A Bill to be entitled an Act to amend Code Title 68, relating to motor vehicles, so as to remove certain vehicles from the exemption of regula tion as motor contract carriers and motor common carriers; and for other purposes. HB 395. By Mr. Dorminy of the 72nd: A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to require the holder of a lien or security interest filed with the State Revenue Department on any vehicle to also record said lien or security interest with the clerk of the superior court of the county of the residence of the owner of said vehicle; and for other purposes. HB 396. By Mr. Dorminy of the 72nd: A Bill to be entitled an Act to amend Code Section 88-1715 relating to death registrations, so as to require the Department of Public Health to forward to the county of the residence of any deceased person a copy of his death certificate in the event he died in a county other than the county of his residence; and for other purposes. HB 397. By Messrs. Smith of the 3rd, Hale of the 1st and Irvin of the llth: A Bill to be entitled an Act to be known as the "Water Resources Planning and Coordinating Act"; and for other purposes. THURSDAY, FEBRUARY 23, 1967 613 HB 398. By Mr. Farrar of the 118th: A Bill to be entitled an Act to amend Section 21-105 of the Code of Georgia so as to provide that Coroners in counties having a population of not less than 250,000 and not more than 500,000 shall receive a salary in lieu of the fees allowed by law for holding inquests; and for other purposes. HB 399. By Messrs. Dodson of the 107th, Ragland, Knapp and Wilson of the 109th and Miller of the 108th: A Bill to be entitled an Act to amend an Act re-enating the charter of the City of Macon, so as to repeal Section 72A of the said charter added by the said Act of 1965 relating to the powers of the City of Macon with respect to streets, including those dedicated by the State, to reenact in lieu thereof a new Section 72A; and for other purposes. HR 139-399. By Mrs. Hamilton of the 137th: A Resolution proposing an amendment to the Constitution so as to ex empt owners of structures used for human habitation from all ad valorem taxation on the increased value caused by repairs to said structures as required by a municipality or county under the provisions of its hous ing code; and for other purposes. HB 400. By Messrs. Harris of the 118th, Busbee of the 79th and Alexander of the 133rd: A Bill to be entitled an Act to provide the procedure for findings as to whether certain persons are "dangerous offenders"; and for other purposes. HB 401. By Messrs. Harris of the 118th, Busbee of the 79th and Alexander of the 133rd: A Bill to be entitled an Act to provide that persons accused of crime, who have not been previously convicted of a felony or misdemeanor, with their consent, be placed on probation after a finding but before an adjudication of guilt; and for other purposes. HB 402. By Messrs. Murphy of the 26th, Paris of the 23rd and Irvin of the llth: A Bill to be entitled an Act to amend an Act Known as the "Georgia Police Academy Act", so as to abolish the Georgia Police Academy Board"; and for other purposes. HB 403. By Messrs. Walling of the 118th, Malone of the 117th and Jenkins of the 119th: A Bill to be entitled an Act to amend an Act revising the laws pertain ing to the governing authority of DeKalb County, so as to increase the 614 JOURNAL OF THE HOUSE, number of members on the Board of Commissioners; and for other purposes. HR 141-403. By Messrs. McDaniell and Howard of the 101st, Wilson and Henderson of the 102nd and Cooper of the 103rd: A Resolution authorizing a survey to be made by the Secretary of State; and for other purposes. HR 142-403. By Messrs. Parrar and Harris of the 118th, Barber of the 24th and Irvin of the llth: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a retirement system for all employees of public schools who are not covered by Teachers' Retirement System; and for other purposes. HB 404. By Messrs. Mason and Nash of the 22nd: A Bill to be entitled an Act to repeal an Act creating a Board of County Commissioners, so as to create a new Board of Commissioners of Roads and Revenues of Gwinnett County; and for other purposes. HB 405. By Messrs. Farrar of the 118th, Parker of the 55th, Irvin of the llth, Egan of the 141st and Jones of the 112th: A Bill to be entitled an Act to amend an Act creating the Department of Revenue and the Office of State Revenue Commissioner, so as to change the provisions relating to the appointment of arbitrators chosen by the Governor; and for other purposes. HB 406. By Messrs. Farrar of the 118th, Parker of the 55th, Irvin of the llth, Egan of the 141st and Jones of the 112th: A Bill to be entitled an Act to provide that it shall be the duty of the State Revenue Commissioner to determine the value of property re ported in those returns required to be filed with him; and for other purposes. HB 407. By Messrs. Dean and Moore of the 20th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues in and for the County of Polk, so as to provide a veto power for the Chairman of Roads and Revenues; and for other purposes. HB 408. By Messrs. Conner of the 91st, Cox of the 127th and Lambros of the 130th: A Bill to be entitled an Act to amend Code Chapter 56-18 of the Georgia Insurance Code, so as to provide that the persons authorized to render THURSDAY, FEBRUARY 23, 1967 615 such services under said Chapter 56-18 of the Georgia Insurance Code shall include those services and persons authorized to render such ser vice under the provisions of the laws of this State relating to the practice of podiatry; and for other purposes. HB 409. By Messrs. Leggett of the 21st, Dean of the 20th, Gates of the 123rd, Jenkins of the 119th and Lovell of the 6th: A Bill to be entitled an Act to amend Code Section 84-1404, relating to the Georgia Real Estate Commission, so as to provide that the Commission shall consist of 10 members who shall be appointed by the Governor with one member being appointed from each congressional district; and for other purposes. HR 143-409. By Messrs. Gaynor and Smith of the 114th, Gignilliat and Berry of the 113th, Battle, Punk and Richardson of the 116th, Tye and Whaley of the 115th: 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 144-409. By Messrs. Rowland and Joiner of the 48th: A Resolution compensating Mrs. Geneva J. Harrison; and for other purposes. HB 410. By Mr. Conner of the 91st: A Bill to be entitled an Act to amend the Georgia Administrative Procedure Act, so as to exempt from the provisions of said Act the Comptroller-General's office and all departments thereunder; and for other purposes. HB 411. By Mr. Conner of the 91st: A Bill to be entitled an Act to amend an Act creating the Office of Georgia Safety Fire Commissioner, so as to change the authority of the Commissioner relative to buildings constituting a special hazard, cer tificates of occupancy, flammable substances constituting a special hazard; and for other purposes. HB 412. By Mr. Barber of the 24th, Lane of the 64th and Rowland of the 48th: A Bill to be entitled an Act to amend Code Section 40-504, relating to the salary of the Secretary of State, so as to provide for the com pensation and allowances of the Secretary of State; and for other purposes. 616 JOURNAL OF THE HOUSE, Mr. Barber of the 24th District Chairman of the Committee on Education submitted the following report: Mr. Speaker: Your Committee on Education has under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with following recommendations: HB 116. Do Pass by Substitute. HB 115. Do Pass as Amended. HB 160. Do Pass by Substitute. HB 199. Do Pass. HB 94. Do Pass. Respectifully submitted, Barber of 24th, Chairman. Mr. Vaughn of the 117th Dist., Chairman of the Committee on Highways, submitted the following report: Mr. Speaker: Your Committee on Highways has 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 309. Do Pass. HB 203. Do Pass. Respectfully submitted, Vaughn of 117th District, Chairman. Mr. Smith of the 3rd, Chairman of the Committee on Hygiene & Sanitation, submitted the following report: Mr. Speaker: Your Committee on Hygiene & Sanitation has had under consideration the THURSDAY, FEBRUARY 23, 1967 617 following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 171. Do Pass. Respectfully submitted, Smith of 3rd, 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 Bills of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations: HB 345. Do Pass. HB 346. Do Pass. HB 347. Do Pass. HB 348. Do Pass. HB 349. Do Pass. HB 350. Do Pass. HB 351. Do Pass. HB 352. Do Pass. HB 353. Do Pass. HB 354. Do Pass. HB 355. Do Pass. Respectfully submitted, Busbee of the 79th District, Vice-Chairman. Mr. McCracken of the 49th, 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- 618 JOURNAL OF THE HOUSE, 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 132. Do Pass. SB 8. Do Pass by Committee Substitute. Respectfully submitted, McCracken of 49th, Chairman. Mr. Steis of the 100th District, Chairman of the Committee on Special Judici ary, 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 130. Do Pass. HB 149. Do Not Pass. Respectfully submitted, Steis of 100th District, Chairman. Mr. Chandler of the 47th, Chairman of the Committee on State Inst. and Pro perty submitted the following report: Mr. Speaker: Your Committee on State Inst. and Property 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 178. Do Pass. HR 115-294. Do Pass. HR 117-294. Do Pass as Amended. HR 124-311. Do Pass. HR 138-390. Do Pass. Respectfully submitted, Carlton Colwell of 5th, Secretary. THURSDAY, FEBRUARY 23, 1967 619 Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs sub mitted the following report: Mr. Speaker: Your Committee on Local Affairs has had under consideration the following Bills of the House and Senate and his instructed me as Chairman, to report the same back to the House with the following1 recommendations: HB 202. Do Pass. HB 312. Do Pass. HB 326. Do Pass. HB 371. Do Pass. HB 384. Do Pass. HB 388. Do Pass. HB 389. Do Pass. HB 390. Do Pass. HB 399. Do Pass. HB 407. Do Pass. SB 47. Do Pass. Respectfully submitted, Clarke of 45th, Chairman. Mr. Wells of the 30th, Chairman of the Committee on Welfare submitted the following report: Mr. Speaker: Your Committee on Welfare has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 320. Do Pass. HB 391. Do Pass. Respectfully submitted, Wells of the 30th, Chairman. 620 JOURNAL OF THE HOUSE, The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit: SB 73. By Senators Kidd of the 25th, Stephens of the 36th, and Fincher of the 51st: A Bill to be entitled an Act to provide certain requirments relative to the Constitution of Public buildings, paid for, in whole or in part, from Public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes. The Senate has adopted the following resolutions of the House, to-wit: HR 85-209. By Messrs. Harris and Levitas of the 118th, Barber of the 24th and Smith of the 54th: A Resolution designating Georgia Authors' Week; and for other pur poses. HR 140. By Mr. Vaughn of the 117th: A Resolution requesting that the Federal-aid Highway program proceed as rapidly as possible; and for other purposes. The Senate has passed as amended by the requisite Constitutional majority the following Bills of the House, to-wit: HB 167. By Mr. Otwell of the 10th: A Bill to be entitled an Act to reincorporate the City of Dawsonville in the County of Dawson and to grant a new Charter to said City; and for other purposes. HB 207. By Mr. Crowe of the 80th: A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Worth County, known as the fee system; and for other purposes. THURSDAY, FEBRUARY 23, 1967 621 HB 208. By Mr. Crowe of the 80th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Worth County, known as the fee system; and for other purposes. The Senate has passed by the requisite Constitutional majority the following Bills of the House and Senate, to-wit: SB 17. By Senators Johnson of the 42nd and Smalley of the 28th: A Bill to be entitled an Act to provide for a system of officially desig nated Georgia Government Documents in order to obtain maximum ef ficiency in the distribution and preservation of government documents; and for other purposes. SB 75. By Senators Conway of the 41st, Adams of the 5th, and Gardner of the 1st. A Bill to be entitled an Act to create the Ocean Science Center of the Atlantic Authority; to repeal conflicting laws; and for other purposes. SB 82. By Senator Abney of the 53rd: A Bill to be entitled an Act to amend an Act providing certain minimum standards prerequisite to the original incorporation of a municipality, so as to provide that no new municipality shall be created if any part of the boundary thereof shall be less than three miles distant from the boundary of any existing municipality in the State of Georgia; and for other purposes. HB 96. By Mr. Johnson of the 25th: A Bill to be entitled an Act to amend an Act entitled "An Act to provide a board of commissioners for the County of Elbert". so as to provide for the filling of vacancies in the office of Chairman; and for other pur poses. HB 98. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to amend an Act creating a charter for the City of Carrollton, so as to change the rate of taxation for school pur poses in and for said City; and for other purposes. HB 100. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to amend an Act creating the Office of Com missioners of Roads and Revenues for Carroll County, so as to change 622 JOURNAL OF THE HOUSE, the compensation of the Clerk of the County Commissioner; and for other purposes. HB 104. By Messrs. Pickard, Jones and Buck of the 122th, Thompson and Berry of the 110th, Shields and Thompson of the lllth: A Bill to be entitled an Act to amend Code Section 21-105 relating to fees paid to coroners in certain counties, so as to provide that in such counties the annual salary shall be $4,200.00 to be paid in equal monthly instal lments ; and for other purposes. HB 133. By Messrs. Cole, Smith and Leonard of the 3rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dalton, so as to provide for a term of office of four years for the Mayor, the Councilmen from the first, second, third, and fourth wards; and for other purposes. HB 141. By Mr. Steis of the 100th: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Hamilton, so as to change the compensation of the may or and councilmen; and for other purposes. HB 143. By Mr. Steis of the 100th: A Bill to be entitled an Act to amend an Act placing the sheriff of Har ris County on a salary system in lieu of a fee system, so as to provide for an allowance for uniforms; and for other purposes. HB 159. By Messrs. Eowland and Joiner of the 48th: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Washington County, so as to provide for assistants within the Tax Commissioner's office; and for other purposes. HB 162. By Mrs. Merritt and Mr. Parker of the 68th: A Bill to be entitled an Act to amend an Act fixing the compensation of the Teasurer of Sumter County, so as to increase the compensation; and for other purposes. HB 166. By Messrs. Rowland and Joiner of the 48th: A Bill to be entitled an Act to amend an Act placing the sheriff of Washington County upon an annual salary, so as to change the com pensation of the Sheriff; to change the compensation of his full-time deputies and secretary, and for other purposes. THURSDAY, FEBRUARY 23, 1967 623 HB 170. By Mr. Hall of the 67th: A Bill to be entitled an Act to amend an Act providing for a charter for the City of Smithville, so as to change the hours during which the polls for elections shall be open in said city; and for other purposes. HB 187. By Messrs. Lee, Gary and Northcutt 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 Fayette County, so as to correct a typographical error; and for other purposes. HB 190. By Mr. Smith of the 44th: A Bill to be entitled an Act to amend the Charter of the Town of Williamson so as to change the method of electing councilmen and their terms of office; and for other purposes. HB 222. By Mr. McCracken of the 49th: A Bill to be entitled an Act to amend an Act entitled "An Act creating the City Court of Louisville . . . ", so as to change the compensation of the Judge and Solicitor of said Court; and for other purposes. HB 223. 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, so as to change the compensation of the Mayor and Councilmen; and for other purposes. By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 334. By Messrs. Sullivan, Barfield and Bennett of the 95th: A Bill to be entitled an Act to amend an Act incorporating the City of Valdosta, as amended, so as to change the corporate limits of said city; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 624 JOURNAL OF THE HOUSE, HB 338. By Messrs. Sullivan, Barfield and Bennett of the 95th: A Bill to be entitled an Act to amend an Act incorporating the City of Valdosta, as amended, so as to provide for the voting by absentee ballots; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 339. By Messrs. Sullivan, Barfield and Bennett of the 95th: A Bill to be entitled an Act to amend an Act incorporating the City of Valdosta, as amended, so as to authorize the City of Valdosta to contract with Lowndes County in regard to the administrative and clerical mat ters pertaining to ad valorem taxes levied by the City of Valdosta; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 340. By Messrs. Cole, Leonard and Smith of the 3rd: A Bill to be entitled an Act to amend an Act consolidating the various Acts incorporated in the City of Dalton, approved February 24, 1874, as amended, so as to incorporate in said City certain parts of land lots not now incorporated in said City; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. THURSDAY, FEBRUARY 23, 1967 625 HB 356. By Messrs. Fleming and Maxwell of the 106th, Sherman of the 105th and Dent of the 104th: A Bill to be entitled an Act to provide for the payment of witness fees to certain law enforcement officers who are required to appear and to testify in the courts of certain counties on their off-duty hours; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 357. By Messrs. Russell and Oglesby of the 92nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Boston in the County of Thomas, as amended, so as to provide that the aldermen of said city shall be chosen and elected to fill one of five distinct and designated posts numbered one through five inclusive; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having1 received the requisite constitutional majority, was passed. HB 358. By Messrs. Russell and Oglesby of the 92nd: A Bill to be entitled an Act to amend an Act establishing the City Court of Thomasville in and for the County of Thomas, as amended, so as to change the salary of the judge of the 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. 626 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HB 359. By Messrs. Russell and Oglesby of the 92nd: A Bill to be entitled an Act to amend an Act establishing the salary of the sheriff of Thomas County, approved March 10, 1964, as amended, so as to change the compensation of the sheriff; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 361. By Messrs. Oglesby and Russell of the 92nd: A Bill to be entitled an Act to amend an Act creating the City Court of Thomasville, Thomas County, Georgia, as amended, so as to change the salary of 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 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 362. By Messrs. Gary and Lee of the 35th: A Bill to be entitled an Act to provide that in certain counties, the judge of the superior court of such counties shall be authorized to appoint the clerk of the superior court of such counties to serve as jury clerk; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. THURSDAY, FEBRUARY 23, 1967 627 The Bill, having received the requisite constitutional majority, was passed. HB 363. By Messrs. Oglesby and Russell of the 92nd: A Bill to be entitled an Act to amend the charter of the City of Thomasville, as amended, so as to change the salary of the Commissioners and the salary to be received by the one designated as Mayor; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 364. By Messrs. Oglesby and Russell of the 92nd: A Bill to be entitled an Act to amend an Act establishing the City Court of Thomasville, as amended, so as to provide for an increase in the salary of 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 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 369. By Mr. Moore of the 12th: A Bill to be entitled an Act to amend an Act placing the ordinary of Stephens County on an annul salary, so as to change the salary of the ordinary; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. 628 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HB 370. By Mr. Moore of the 12th: A Bill to be entitled an Act to amend an Act placing the sheriff of Stephens County upon an annual salary, so as to provide for additional funds for clerical assistance in the sheriff's office; 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 372. By Mr. Ballard of the 37th: A Bill to be entitled an Act to amend an Act providing for a Board of Directors and a Commissioner of Roads and Revenues for Newton County, as amended, so as to change the compensation of the Commis sioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was 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 376. By Messrs. Harris and Vaughan of the 14th: A Bill to be entitled an Act to amend an Act to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the superior court, and the ordinary of such county, as amended, so as to change the compensation of the clerk of the superior court; to change the compensation of the deputy of said court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. THURSDAY, FEBRUARY 23, 1967 629 On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. The following Resolutions of the House and Senate were read and adopted: HR 150. By Messrs. Mauldin of the 18th and Matthews of the 94th: A RESOLUTION Commemorating vocational education in Georgia, and the Fiftieth Anniversary of the Smith-Hughes Vocational Education Act; and for other purposes. WHEREAS, February 23, 1967, marks the Fiftieth Anniversary of the Smith-Hughes Vocational Education Act, which resulted in federal support to the several states for vocational education services; and WHEREAS, Georgia has always been prominent in the develop ment of vocational education programs, and has set the pace for the rest of the nation, providing vocational education services to her Citi zens; and WHEREAS, Many prominent Georgian have made significant con tributions to the field of vocational education, both on a national and a state level; and WHEREAS, it is both fitting and proper that such distinquished Georgians as Senator Hoke Smith and Congressman Dudley Hughes, co authors of the Smith-Hughes Act; Senator Walter George, co-author of the George-Reed Act, the George-Elsey Act, the George-Barden Act, and along with Congressman Braswell Dean, the George-Dean Act; and Representative Phil Landrum, prime moving factor behind the enact ment of the Vocational Education Act of 1963, be recognized for their contribution to the people of Georgia; and WHEREAS, vocational education offers services to over 285,000 Georgians in the areas of agriculture, distributive education, health, home economics, office, technical, trade and industry, and manpower training through such leadership programs as the Future Homemakers of America, Future Farmers of America, Distributive Education Clubs of America, Vocational Industrial Clubs of America, and Future Busi ness Leaders of America; and WHEREAS, Georgia has consistently been, and continues to be, one of the top ten states in developing programs of vocational education. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby recognize the 630 JOURNAL OF THE HOUSE, importance of vocational education in Georgia, and of the contributions of the many prominent Georgians whose efforts have brought so much prosperity and assistance to the people of Georgia through vocational education programs, on this the Fiftieth Anniversary of the passage of the Smith-Hughes Vocational Education Act. HR 151. By Messrs. Rainey of the 69th, Black of the 56th, Sweat of the 83rd, Dailey of the 66th and many others: A RESOLUTION Expressing regret at the passing of Honorable Zack D. Cravey, Sr.; and for other purposes. WHEREAS, on Tuesday, November 29, 1966, Honorable Zack D. Cravey, Sr., one of the most influential men in Georgia politics for almost fifty years, passed away at Emory University Hospital; and WHEREAS, Mr. Cravey was born on April 13, 1894, in Milan, Telfair County, and attended Telfair County schools and South Georgia College; and WHEREAS, he began his political career at the age of 21 as a member of the City Council of Milan, and later became Mayor of Milan and Tax Collector of Telfair County; and WHEREAS, he first entered State service when he was appointed Game and Fish Commissioner, and he also served as Commissioner of Natural Resources; and WHEREAS, he served four terms as Comptroller General of the State of Georgia, being elected in 1946, 1950, 1954 and 1958;and WHEREAS, in these various capacities Mr. Cravey was one of the most influential, respected and knowledgeable men in the State gov ernment; and WHEREAS, the office of Comptroller General under his leadership and guidance became one of the most important departments in the State government; and WHEREAS, he is survived by two sons, Mr. Zack D. Cravey, Jr. of Atlanta, and Mr. Robert P. Cravey of Thomaston, and a daughter, Mrs. John L. Taylor of Atlanta. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its sincerest regrets at the passing of Honorable Zack D. Cravey, Sr. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap- THURSDAY, FEBRUARY 23, 1967 631 propriate copy of this resolution to Mr. Zack D. Cravey, Jr. of Atlanta, Mr. Robert P. Cravey of Thomaston, and Mrs. John L. Taylor of Atlanta. HR 152. By Mr. Leggett of the 21st: A RESOLUTION Expressing appreciation to and commending the Mayor and Council of the City of New Orleans; and for other purposes. WHEREAS, the Mayor and Council of the City of New Orleans and the Mardi Gras Association of that City invited the Dallas High School Band to participate in the King Rex parade; and WHEREAS, being invited to participate in such parade was a rare privilege for the members of the Dallas High School Band, and all members thoroughly enjoyed the trip to New Orleans; and WHEREAS, the Mayor of the City of New Orleans, Honorable Victor H. Schiro, and Councilman, Honorable James A. Moreau, ex tended many courtesies to the members of the General Assembly who were invited to review the King Rex parade from the Mayor's stand and otherwise made such members' visit to New Orleans a memorable event. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and ex press its appreciation to the Mayor and Council of the City of New Orleans and the Mardi Gras Association of that City for making the visit to New Orleans during the Mardi Gras a memorable event for the members of the Dallas High School Band and certain members of the General Assembly of Georgia. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to the Honorable Victor H. Schiro, Mayor of the City of New Orleans, Honorable James A. Moreau, Councilman, City of New Orleans, District "D", Mr. W. W. Young, Jr., of the New Orleans Mardi Gras Association, and Mr. Ken Rackard, Director of the Dallas High School Band. HR 153. By Messrs. Rainey and Bowen of the 69th: A RESOLUTION Congratulating Lions International and the Cordele Lions Club; and for other purposes. WHEREAS, Lions International is presently observing its Fiftieth anniversary; and 632 JOURNAL OF THE HOUSE, WHEREAS, the Lions Club was first organized in 1917 in Chicago, Illinois, and has since become international in scope, having in excess of 800,000 members and 20,000 individual Lions Clubs; and WHEREAS, the Cordele Lions Club is well known for its efforts on behalf of the community and for providing outstanding services for said community; and WHEREAS, recognition should be given to the many contributions made by Lions International and the Cordele Lions Club toward build ing a better community and a world of peace and brotherhood. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby congratulate Lions International on the occasion of its Fiftieth anniversary, and congratu lates the Cordele Lions Club for its many contributions to the com munity which it serves. 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 President of Lions International and to the President of the Cordele Lions Club. HR 154. By Mr. Dean of the 20th: A RESOLUTION Commending the Future Farmers of America and the Rockmart Chapter of the Future Farmers of America; and for other purposes. WHEREAS, the week of February 18 through February 25, 1967, is National Future Farmers of America Week; and WHEREAS, a high level of farm efficiency is necessary to keep this country prosperious; and WHEREAS, the Future Farmers of America is an outstanding organization of young people dedicated not only to intelligent and pro gressive farming but also to the development of character, good citizen ship and patriotism; and WHEREAS, nothing can be more important to our society or to any society than farming, which produces the food to feed mankind; and WHEREAS, the Rockmart Chapter of the Future Farmers of America is made up of the finest young people of the area and has made outstanding contributions to the progress of farming in the area. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Future Farmers of America and the Rockmart Chapter of the Future Farmers THURSDAY, FEBRUARY 23, 1967 633 of America for outstanding contributions to the progress of farming and the development of character, good citizenship and patriotism. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit ap propriate copies of this resolution to the President of the National Future Farmers of America, to Mr. Glen Campbell, President of the Rockmart Chapter of the Future Farmers of America, and to Mr. Mark Daws, Advisor to the Rockmart Chapter of the Future Farmers of America. HR 155. By Mr. Dean of the 20th: A RESOLUTION Commending the Future Farmers of America and the Cedartown Chapter of the Future Farmers of America; and for other purposes. WHEREAS, the week of February 18 through February 25, 1967, is National Future Farmers of America Week; and WHEREAS, a high level of farm efficiency is necessary to keep this country prosperious; and WHEREAS, the Future Farmers of America is an outstanding organization of young people dedicated not only to intelligent and progressive farming but also to the development of character, good citizenship and patriotism; and WHEREAS, nothing can be more important to our society or to any society than farming, which produces the food to feed mankind; and WHEREAS, the Cedartown Chapter of the Future Farmers of America is made up of the finest young people of the area and has made outstanding contributions to the progress of farming in the area. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Future Farmers of America and the Cedartown Chapter of the Future Farmers of America for outstanding contributions to the progress of farming and the development of character, good citizenship and patriotism. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this resolution to the President of the National Future Farmers of America and to Mr. Robert Odom, Advisor, Cedartown Chapter of the Future Farmers of America. 634 JOURNAL OF THE HOUSE, SR 23. By Senators Maclntyre of the 40th, Kidd of the 25th and all other mem bers of the Senate: A RESOLUTION Commending Robert Lee (Bobby) Dodd; and for other purposes. WHEREAS, on February 6, 1967, Robert Lee (Bobby) Dodd re signed as Head Coach of the football team of the Georgia Institute of Technology; and WHEREAS, the reputation of Coach Dodd as an outstanding athlete and coach is known throughout the Nation; and WHEREAS, Coach Dodd's career in athletics began while he was attending high school in Kingsport, Tennessee; and WHEREAS, as a student at the University of Tennessee, Coach Dodd earned nine letters in athletics and, after the 1930 football season at the University of Tennessee, he was named on the Grantland Rice All-America Team of 1930; and WHEREAS, in 1931, he was named as the Backfield Coach for the football team of the Georgia Institute of Technology known renownly as the Georgia Tech Yellow Jackets; and WHEREAS, in 1945, at the age of 36 years, he was named as Head Coach of the Georgia Tech Yellow Jackets to succeed Coach Wil liam A. (Bill) Alexander; and WHEREAS, in 1950, shortly after the death of Coach William A. (Bill) Alexander, Coach Bobby Dodd was named as Athletic Director of the Georgia Tech Athletic Association and from such time has con tinued to serve as Head Coach of the Georgia Tech football team and Athletic Director of the Georgia Tech Athletic Association; and WHEREAS, in 1961, Coach Dodd was selected to join the list of players in the National Football Hall of Fame; and WHEREAS, during his career as Head Coach, the Georgia Tech Yellow Jackets have won 165 games, tied 8 games and lost 64 games; the team was invited to 13 bowl games, with a record of nine wins and four losses; and WHEREAS, during his career 22 players on the football teams coached by him were named to recognized All-American teams; and WHEREAS, notwithstanding his numerous duties as Head Coach and Athletic Director, Coach Dodd was active in civic affairs of his community and State and at all times cooperated with various charities, particularly those charities which involved crippled children; and THURSDAY, FEBRUARY 23, 1967 635 WHEREAS, Robert Lee (Bobby) Dodd will continue to serve as Athletic Director of the Georgia Tech Athletic Association. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the sincerest appreciation be expressed to Robert Lee (Bobby) Dodd for his outstanding efforts during his career at the Georgia Institute of Technology, and he is hereby wished every success as he continues his career as Athletic Director of the Georgia Tech Athletic Association and in whatever other endeavors he participates. BE IT FURTHER RESOLVED that this body does hereby express its most sincere hope that Coach Dodd's ensuing surgery and medical treatment will be successful and that he will be able to return to Ms duties in the near future. BE IT FURTHER RESOLVED that copies of this Resolution be placed upon the Journals of the Senate and House of Representatives, and that the Secretary of the Senate is hereby authorized and directed to forward an appropriate copy of this Resolution with the Seal of the General Assembly affixed thereto to the Honorable Robert Lee (Bobby) Dodd. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Rules and referred to the Committee on State of Republic: HB 164. By Messrs. Adams of the 125th, Irvin of the llth, Johnson of the 40th and others: A Bill to be entitled an Act to amend an Act which made comprehensive provision for an integrated tax administration for Georgia, approved January 3, 1938, as amended, so as to authorize the purchase of motor vehicles; and for other purposes. Mr. Dixon of the 83rd asked unanimous consent that the following Bill of the House be withdrawn from further consideration: HB 111. By Messrs. Dixon and Sweat of the 83rd: A Bill to be entitled an Act to provide for the establishment of a division in the Department of Labor to be known as the "Safety Division"; and for other purposes. The consent was granted, and HB 111 was withdrawn. Under the general order of business, the following Bill of the House was again taken up for consideration: 636 JOURNAL OF THE HOUSE, HB 328. By Messrs. Caldwell of the 51st, Walling of the 118th, Brantley of the 63rd and many others: A Bill to be entitled an Act to amend an Act relating to the apportion ment of the membership of the House of Representatives, so as to pro vide for the apportionment of the members of the House of Representa tives; to provide for Representative Districts; and for other purposes. The following Committee substitute was read: A BILL To be entitled an Act to amend Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended, particularly by an Act approved March 10, 1965 (Ga. Laws 1965, p. 127), so as to provide for the apportionment of the members of the House of Representatives; to provide for Representative Districts; to provide that the House of Representatives shall consist of 195 mem bers; to provide for the designation of posts; to provide that members of the House of Representatives shall be elected by the voters of the Representative Districts which they represent; to provide for residence; to provide for the first election under such apportionment; to provide when the first members elected shall take office; to provide for the continuation of the present apportionment of the House of Representa tives until a certain time; to provide for other matters relative to the foregoing; to provide for sever ability; to specifically repeal a certain Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended, particular ly by an Act approved March 10, 1965 (Ga. Laws 1965, p. 127), is hereby amended by striking the language of said Section in its entirety and inserting in lieu thereof new language to read as follows: "There shall be 195 members of the House of Representatives and such membership shall be apportioned among the Representa tive Districts provided for hereinafter. Each such District shall be composed either of a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter, and shall be represented by the number of Representatives provided for here inafter. "District No. 1: Dade & Walker--3 Representatives. "District No. 2: Catoosa--1 Representative. "District No. 3: Whitfield & Murray--3 Representatives. "District No. 4: Fannin & Gilmer--1 Representative. THURSDAY, FEBRUARY 23, 1967 637 "District No. 5: Union, Lumpkin & Dawson--1 Representa tive. "District No. 6: Towns, Rabun & White--1 Representative. "District No. 7: Chattooga--1 Representative. "District No. 8: Gordon--1 Representative. "District No. 9: Floyd--3 Representatives. "District No. 10: Pickens, Bartow & Cherokee--3 Representa tives. "District No. 11: Hall & Forsyth--3 Representatives. "District No. 12: Habersham--1 Representative. "District No. 13: Stephens--1 Representative. "District No. 14: Banks, Franklin & Hart--2 Representatives. "District No. 15: Gwinnett--2 Representatives. "District No. 16: Barrow & Oconee--1 Representative. "District No. 17: Jackson--1 Representative. "District No. 18: Clarke--2 Representatives. "District No. 19: Madison & Oglethorpe--1 Representative. "District No. 20: Elbert--1 Representative. "District No. 21: Polk & Haralson--2 Representatives. "District No. 22: Carroll--2 Representatives. "District No. 23: Clayton & Fayette--3 Representatives. "District No. 24: Henry--1 Representative. "District No. 25: Newton--1 Representative. "District No. 26: Walton--1 Representative. "District No. 27: Morgan & Greene--1 Representative. "District No. 28: Wilkes, Lincoln & Taliaferro--1 Repre sentative. 638 JOURNAL OF THE HOUSE, "District No. 29: Jasper, Jones & Twiggs--1 Representative. "District No. 30: Putnam & Hancock--1 Representative. "District No. 31: Warren, McDuffie, Glascock, & Columbia-- 2 Representatives. "District No. 32: Troup, Coweta & Heard--4 Representatives. "District No. 33: Meriwether--1 Representative. "District No. 34: Spalding--2 Representatives. "District No. 35: Butts & Monroe--1 Representative. "District No. 36: Baldwin & Wilkinson--2 Representatives. "District No. 37: Washington--1 Representative. "District No. 38: Jefferson--1 Representative. "District No. 39: Burke, Jenkins & Screven--2 Representa tives. "District No. 40: Harris & Talbot--1 Representative. "District No. 41: Upson, Pike & Lamar--2 Representatives. "District No. 42: Crawford & Peach--1 Representative. "District No. 43: Houston--2 Representatives. "District No. 44: Laurens & Johnson--2 Representatives. "District No. 45: Emanuel--1 Representative. "District No. 46: Bulloch & Effingham--2 Representatives. "District No. 47: Taylor, Marion, Webster, Chattahoochee & Stewart--2 Representatives. "District No. 48: Sumter, Schley & Macon--2 Representatives. "District No. 49: Dooly, Crisp & Worth--2 Representatives. "District No. 50: Wilcox, Turner, Ben Hill & Irwin--2 Re presentatives. "District No. 51: Bleckley, Pulaski, Dodge & Telfair--2 Re presentatives. THURSDAY, FEBRUARY 23, 1967 639 "District No. 52: Treutlen, Wheeler & Montgomery--1 Re presentative. "District No. 53: Tattnall, Long & Toombs--2 Representa tives. "District No. 54: Candler, Evans & Bryan--1 Representative. "District No. 55: Calhoun & Randloph--1 Representative. "District No. 56: Terrell & Lee--1 Representative. "District No. 57: Coffee--1 Representative. "District No. 58: Jeff Davis & Appling--1 Representative. "District No. 59: Bacon & Pierce--1 Representative. "District No. 60: Wayne --1 Representative. "District No. 61: Liberty & Mclntosh--1 Representative. "District No. 62: Quitman, Early & Clay--1 Representative. "District No. 63: Dougherty & Baker--4 Representatives. "District No. 64: Mitchell--1 Representative. "District No. 65: Colquitt & Tift--3 Representatives. "District No. 66: Cook, Lanier, Berrien, Atkinson & Clinch-- 2 Representatives. "District No. 67: Ware--2 Representatives. "District No. 68: Brantley, Charlton & Camden--1 Represent ative. "District No. 69: Glynn--2 Representatives. "District No. 70: Miller, Seminole & Decatur--2 Representa tives. "District No. 71: Grady--1 Representative. "District No. 72: Thomas--2 Representatives. "District No. 73: Brooks, Lowndes & Echols--3 Representa tives. 640 JOURNAL OP THE HOUSE, "District No. 74: Rockdale County and that portion of DeKalb County contained in the following election precincts as such election precincts existed on November 8, 1966: Briarlake, Brookhaven, Chamblee, Clarkston, Diamonds, Doraville, Evans 'A', Haw thorne, Henderson, Huntley Hills, Jim Cherry, Lithonia, Montgom ery, Phillips, Pine Lake, Eedan, Rehoboth, Shallowford, Skyland, South Chamblee, Stone Mountain, Tucker, Warren, Woodward.--4 Representatives. "District No. 75: All that portion of DeKalb County con tained in the following election precincts as such election precincts existed on November 8, 1966: Avondale, College Heights, Edgewood 'C', Emory, Fernbank, Glenwood-Decatur, Hooper Alexander, John son Estates, Johnson Estates 'B', Kittredge, Laurel Ridge, Medlock, Midway, Oakhurst, Ponce de Leon, Sagamore, Scottdale, W. D. Thomson, Winnona.--4 Representatives. "District 76: All that portion of DeKalb County contained in the following election precincts as such election precincts existed on November 8, 1966: Cedar Grove, East Atlanta, East Lake, Edgewood 'A', Edgewood 'B', Evans 'B', Gresham Park, Knollwood, Leslie J. Steele, McWilliams, North Kirkwood, Parkview, Sky Haven, South Kirkwood, Southwest DeKalb, Terry Mill, Toney, Wadsworth. --4 Representatives. "District No. 77: Richmond.--3 Representatives. "District No. 78: All that portion of Richmond County lying and being within the corporate limits of the City of Augusta as said city limits existed on December 31, 1964.--2 Representatives. "District No. 79: All that portion of Richmond County lying and being outside the corporate limits of the City of Augusta, Georgia, as said corporate limits of the City of Augusta existed on December 31, 1964.--2 Representatives. "District No. 80: Bibb.--5 Representatives. "District No. 81: All that portion of Bibb County lying east and north of a line commencing at a point on the centerline of Houston Road (U. S. Highway 41) at the Bibb-Peach-Houston county line; then extending northeasterly along the centerline of Houston Road, then of Houston Avenue and then of Broadway to the intersection of the centerlines of Broadway and Edgewood Avenue; then extending northwesterly along the centerline of Edgewood Avenue to the centerline of Linden Avenue; then extending northeasterly along the centerline of Linden Avenue and along an extension thereof northeasterly across the Central of Georgia Railroad right-of-way to the centerline of Frank's Alley; then ex tending northeasterly along the centerline of Frank's Alley and then along- an extension thereof northeasterly across Hardeman Avenue to the centerline of Northwest Boundary Street; then ex tending northeasterly along the centerline of northwest Boundary Street and along an extension thereof northeasterly across River- THURSDAY, FEBRUARY 23, 1967 641 side Drive and Riverside Cemetery to the center of the Ocmulgee River; then extending along the center of said Ocmulgee River in a generally northerly direction to a point on an extension north easterly of the centerline of North Forest Avenue; then extending southwesterly along said extension of said North Forest Avenue and then along the centerline of North Forest Avenue to the centerline of Riverside Drive; then extending northwesterly along the centerline of Riverside Drive to the centerline of Ingleside Avenue; then extending southwesterly and then westerly along the centerline of Ingleside Avenue to the centerline of Ridge Avenue; then extend ing northwesterly along the centerline of Ridge Avenue to the centerline of Tyrone Boulevard; then extending southwesterly along the centerline of Tyrone Boulevard to the centerline of Vineville Avenue; then extending northwesterly along the centerline of Vine ville Avenue and then along the centerline of Forsyth Road to the Bibb-Monroe county line.--1 Representative. "District No. 82: All that portion of Bibb County lying west and south of a line commencing at a point on the centerline of Houston Road (U. S. Highway 41) at the Bibb-Peach-Houston county line; then extending northeasterly along the centerline of Houston Road, then of Houston Avenue and then of Broadway to the intersection of the centerlines of Broadway and Edgewood Avenue; then extending northwesterly along the centerline of Edgewood Avenue to the centerline of Linden Avenue; then extending northeasterly along the centerline of Linden Avenue and along an extension thereof northeasterly across the Central of Georgia Rail road right-of-way to the centerline of Frank's Alley; then extending northeasterly along the centerline of Frank's Alley and then along an extension thereof northeasterly across Hardeman Avenue to the centerline of Northwest Boundary Street; then extending north easterly along the centerline of Northwest Boundary Street and along an extension thereof northeasterly across Riverside Drive and Riverside Cemetery to the center of the Ocmulgee River; then extending along the center of said Ocmulgee River in a generally northerly direction to a point on an extension northeasterly of the centerline of North Forest Avenue; then extending southwesterly along said extension of said North Forest Avenue and then along the centerline of North Forest Avenue to the centerline of River side Drive; then extending northwesterly along the centerline of Riverside Drive to the centerline of Ingleside Avenue; then ex tending southwesterly and then westerly along the centerline of Ingleside Avenue to the centerline of Ridge Avenue; then extending northwesterly along the centerline of Ridge Avenue to the centerline of Tyrone Boulevard; then extending southwesterly along the centerline of Tyrone Boulevard to the centerline of Vineville Ave nue; then extending northwesterly along the centerline of Vineville Avenue and then along the centerline of Forsyth Road to the BibbMonroe county line.--1 Representative. "District No. 83: Muscogee.--4 Representatives. "District No. 84: All that portion of Muscogee County lying south of the centerline of 17th Street and Macon Road.--2 Repre sentatives. 642 JOURNAL OF THE HOUSE, "District No. 85: All that portion of Muscogee County lying north of the centerline of 17th Street and Macon Road.--2 Repre sentatives. "District No. 86: That portion of Chatham County lying with in the corporate limits of the City of Savannah and within the following boundaries: Begin at a point at the intersection of the northern projection of the centerline of West Broad Street and the northern boundary line of the City of Savannah and run thence in a southerly direc tion along the centerline of West Broad Street to its point of inter section with the centerline of Gwinnett Street; thence easterly along the centerline of Gwinnett Street and its projection to its point of intersection with a projection of the centerline of Bull Street; thence south along the projection of the centerline and the centerline of Bull Street to its point of intersection with the centerline of Victory Drive; thence eastwardly along the centerline of Victory Drive to its point of intersection with the centerline of Price Street; thence northwardly along the centerline of Price Street to its point of intersection with the centerline of Hartridge Street; thence east wardly along- the centerline of Hartridge Street and the projection thereof to the centerline of the Bilbo Canal; thence northwardly along the centerline of the meanderings of the Bilbo Canal to the south bank of the Savannah River; thence along the line of the city limits of the City of Savannah in a counterclockwise direction across the Savannah River and on Hutchinson Island and/or Fig Island to the point of beginning.--1 Representative. "District No. 87: That portion of Chatham County lying with in the corporate limits of the City of Savannah and within the following boundaries: Begin at a point at the intersection of the projection of the centerline of Gwinnett Street and the projection of the centerline of Bull Street and run thence in a southerly direction along the centerline of the projection of Bull Street and of Bull Street to its point of intersection with the centerline of Victory Drive; thence in a westerly direction along the centerline of Victory Drive to its point of intersection with the centerline of West Broad Street; thence in a northerly direction along the eenterline of West Broad Street to its point of intersection with the centerline of West 40th Street; thence in a westerly direction along the centerline of West 40th Street to its point of intersection with the centerline of Ogeechee Road; thence in a southwesterly direction along the centerline of Ogeechee Road to its point of intersection with the centerline of the Springfield Canal; thence northwardly along the centerline of the meanderings of the Springfield Canal to the centerline of U. S. Highway 1-16; thence westwardly along the centerline of said Highway 1-16 to the centerline of Stilss Avenue; thence north wardly along the centerline of Stiles Avenue to its intersection with the centerline of Louisville Road; thence westwardly along the centerline of Louisville Road to its intersection with the centerline of East Lathrop Avenue; thence northwardly along the centerline of East Lathrop Avenue to its intersection with the northern THURSDAY, FEBRUARY 23, 1967 643 line of Bay Street, at the line of the city limits of City of Savan nah; thence along the line of the city limits of the City of Savan nah in a northerly and clockwise direction across the Savannah River and on Hutchinson and/or Fig Island to its intersection with the northern projection of the centerline of West Broad Street; thence southwardly along the projection of West Broad Street and West Broad Street to its intersection with the centerline of Gwinnett Street; thence eastwardly along the centerline of Gwinnett Street to the point of beginning.--1 Representative. "District No. 88: That portion of Chatham County lying with in the corporate limits of the City of Savannah and within the following boundaries: Begin at a point at the intersection of the centerline of Price Street and the centerline of Hartridge Street and run eastwardly along the centerline of Hartridge Street and the projection thereof to the centerline of the Bilbo Canal; thence northwardly along the meanderings of the Bilbo Canal to the centerline of President Street Extension; thence eastwardly along the centerline of Presi dent Street Extension to the centerline of Pennsylvania Avenue; thence southwardly along the centerline of Pennsylvania Avenue to the centerline of Skidaway Road; thence northwardly along the centerline of Skidaway Road to the centerline of Henry Street; thence westwardly along the centerline of Henry Street to the cen terline of Bee Road; thence southwardly along the centerline of Bee Road to the centerline of 32nd Street; thence westwardly along the centerline of 32nd Street to the centerline of Waters Avenue; thence southwardly along the centerline of Waters Avenue to the centerline of Victory Drive; thence westwardly along the centerline of Victory Drive to the centerline of Price Street; thence north wardly along the centerline of Price Street to the point of beginning. --1 Representative. "District No. 89: That portion of Chatham County lying with in the following boundaries: Begin at a point at the intersection of the centerline of 40th Street and the centerline of West Broad Street and run southwardly along the centerline of West Broad Street to the centerline of Whatley Avenue; thence northeastwardly along the centerline of Whatley Avenue to the centerline of Montgomery Street; thence southwardly along the centerline of Montgomery Street to the centerline of Middleground Road; thence southwardly along the centerline of Middleground Road to the centerline of DeRenne Ave nue; thence westwardly along the centerline of DeRenne Avenue to the right-of-way of Atlantic Coast Line Railroad; thence south. westwardly along the right-of-way of Atlantic Coast Line Railroad to the centerline of ACL Boulevard; thence northwardly along ACL Boulevard and the projection thereof to the centerline of U. S. Highway 17; thence eastwardly along the centerline of said High way 17 to the centerline of 4th Avenue; thence northwardly along the centerline of 4th Avenue to the centerline of Tremont Road; thence northwestwardly along the centerline of Tremont Avenue to the centerline of Telfair Road; thence northwardly along the 644 JOURNAL OF THE HOUSE, centerline of Telfair Road to the right-of-way of Atlantic Coast Line Railroad; thence northwestwardly along said railroad rightof-way to the centerline of the Savannah and Ogeechee Canal; thence eastwardly along the meanderings of the centerline of the Savannah and Ogeechee Canal to the city limits of the City of Savannah; thence in a clockwise direction along the city limits to the centerline of Tulip Street; thence northwardly along the centerline of Tulip Street and the projection thereof and the centerline of Tuten Street to the city limits of the City of Savan nah; thence in a clockwise direction along the city limits to the centerline of East Lathrop Avenue; thence southwardly along the centerline of East Lathrop Avenue to the centerline of Louisville Road; thence eastwardly along the centerline of Louisville Road to the centerline of Stiles Avenue; thence southwardly along the cen terline of Stiles Avenue to the centerline of U. S. Highway 1-16; thence eastwardly along the centerline of said Highway 1-16 to the centerline of the Springfield Canal; thence southwardly along the centerline of the meanderings of said canal to the centerline of U. S. Highway 17; thence eastwardly along the centerline of said Highway 17 to the centerline of 40th Street; thence eastwardly along the centerline of 40th Street to the point of beginning.--1 Representative. "District No. 90: That portion of Chatham County lying with in the corporate limits of the City of Savannah within the follow ing boundaries: Begin at the point of intersection of the centerline of Victory Drive and the centerline of Waters Avenue and run westwardly along the centerline of Victory Drive to the centerline of West Broad Street; thence southwardly along West Broad Street to the centerline of Whatley Avenue; thence northeastwardly along the centerline of Whatley Avenue to the centerline of Montgomery Street; thence southwardly along the centerline of Montgomery Street to the centerline of Middleground Road; thence southwardly along the centerline of Middleground Road to the centerline of Hampstead Avenue; thence eastwardly along the centerline of Hampstead Avenue to the centerline of Wood Drive (Perimeter Road) ; thence southwardly along the centerline of Wood Drive (Perimeter Road) to the centerline of the projection of West 77th Street; thence eastwardly along the projection of 77th Street and 77th Street to the centerline of White Bluff Road (Bull Street) ; thence southwardly along the centerline of Bull Street (White Bluff Road) to the centerline of Stevenson Avenue; thence eastwardly along the centerline of Stevenson Avenue to the centerline of Waters Road; tence northwardly along the centerline of Waters Road to the point of beginning.--1 Representative. "District No. 91: That portion of Chatham County lying with in the following boundaries: Begin at the point of intersection of the centerline of President Street Extension and the centerline of Pennsylvania Avenue and run Southwardly along the centerline of Pennsylvania Avenue to the centerline of Gwinnett Street; thence Eastwardly along the THURSDAY, FEBRUARY 23, 1967 645 centerline of Gwinnett Street to the city limits of the City of Sa vannah; thence Southwardly in a clockwise direction along the city limits to the centerline of Victory Drive; thence Westwardly along the centerline of Victory Drive to the centerline of Skidaway Road; thence Southwardly along the centerline of Skidaway Road to the centerline of DeRenne Avenue; thence Westwardly along the centerline of DeRenne Avenue to the centerline of the Casey Canal; thence Southwardly along the meanderings of the Casey Canal to the centerline of Bacon Park Drive; thence Eastwardly along the centerline of Bacon Park Drive to the centerline of Lovett Drive; thence Southwardly along the centerline of Lovette Drive to the centerline of Intermediate Road; thence Eastwardly along the centerline of Intermediate Road to the centerline of Howard Foss Drive; thence Southeastwardly along the centerline of Howard Foss Drive to the centerline of Skidaway Road; thence South eastwardly along the centerline of Skidaway Road to the centerline of Burnside Creek; thence Southwardly along the centerline of the meanderings of Burnside Creek, Back River and Green Island Sound to the Atlantic Ocean; thence following the county line in a counterclockwise direction Eastwardly and Northwardly to the Savannah River; thence following the centerline of the meanderings of the Savannah River in a Westerly direction to a point where it intersects the city limits of the City of Savannah; thence follow ing the city limits of the City of Savannah in a Southerly and Westerly direction to the centerline of the Bilbo Canal; thence Southwardly along the centerline of the Bilbo Canal to the centerline of President Street Extension; thence Eastwardly along the centerline of President Street Extension to the point of beginning. --1 Representative. "District No. 92: That portion of Chatham County lying with in the corporate limits of the City of Savannah within the follow ing boundaries: Begin at the point of intersection of the centerline of Waters Avenue and the centerline of 32d Street, and run Southwardly along the centerline of Waters Avenue to the centerline of Intermediate Road; thence Eastwardly along the centerline of Intermediate Road to the centerline of Lovett Drive; thence Northwardly along the centerline of Lovett Drive to the centerline of Bacon Park Drive; thence Westwardly along the centerline of Bacon Park Drive to the centerline of the Casey Canal; thence Northwardly along the meanderings of the centerline of the Casey Canal to the centerline of DeRenne Avenue; thence Eastwardly along the centerline of DeRenne Avenue to the centerline of Skidaway Road; thence north wardly along the centerline of Skidaway Road to the centerline of Victory Drive; thence Eastwardly along the centerline of Victory Drive to the Eastern city limits of the City of Savannah; thence Northwardly in a counterclockwise direction along the city limits to the centerline of Gwinnett Street; thence Westwardly along the centerline of Gwinnett Street to the centerline of Pennsylvania Avenue; thence Southwardly along the centerline of Pennsylvania Avenue to the centerline of Skidaway Road; thence Northwestward ly along the csnterlina of Skidaway Road to the centerline of Henry Street to the centerline of Bee Road; thence Southwardly along the centerline of Bee Road to the centerline of 32d Street; thence 646 JOURNAL OF THE HOUSE, Westwardly along 32nd Street to the point of beginning.--1 Repre sentative. "District No. 93: That portion of Chatham County lying with in the following boundaries: Begin at the point of intersection of the centerline of Bull Street (White Bluff Road) and the centerline of Stevenson Avenue and run Eastwardly along the centerline of Stevenson Avenue to the centerline of Waters Road; thence Southwardly along the centerline of Waters Road to the centerline of Intermediate Road; thence East wardly along the centerline of Intermediate Road to the centerline of Howard Foss Drive; thence Southeastwardly along the centerline of Howard Foss Drive to the centerline of Skidaway Road; thence Southeastwardly along the centerline of Skidaway Road to the centerline of Burniside Creek; thence Southwardly along the cen terline of the meanderings of Burnside Creek, Back River and Green Island Sound to the Atlantic Ocean; thence following the county line in a clockwise direction Southwardly and Westwardly to the Ogeechee River; thence following the centerline of the mean derings of the centerline of the Ogeechee River in a Northwesterly direction to the Savannah and Ogeechee Canal; thence following the centerline of the meanderings of the S & O Canal Northwardly and Eastwardly to the right-of-way of ACLRR; thence Southeast wardly along said railroad right-of-way to the centerline of Telfair Road; thence Southwestwardly along the centerline of Telfair Road to the centerline of Tremont Road; thence Southeastwardly along the centerline of Tremont Road to the centerline of 4th Avenue; thence Southwardly along 4th Avenue to the centerline of U. S. Highway 17; thence Southwestwardly along said Highway 17 to the centerline of ACL Boulevard; thence Southwardly along the centerline of ACL Boulevard to the right-of-way of ACLRR; thence Northeastwardly along said railroad right-of-way to the centerline of DeRenne Avenue; thence Eastwardly along the centerline of DeRenne Avenue to the centerline of Middleground Road; thence Southwardly along the centerline of Middleground Road to the centerline of Hampstead Avenue; thence Eastwardly along the centerline of Hampstead Avenue to the centerline of Wood Drive (Perimeter Road) ; thence Southwardly along the centerline of Wood Drive (Perimeter Road) to the centerline of the projection of West 77th Street; thence Eastwardly along the projection of West 77th Street and 77th Street to the centerline of Bull Street (White Bluff Road) ; thence Southwardly along Bull Street (White Bluff Road) to the point of beginning.--1 Representative. "District No. 94: That portion of Chatham County lying with in the following boundaries: Begin at the point of intersection of the centerline of the Ogeechee River and the centerline of the Savannah and Ogeechee Canal, and run Northwardly and Eastwardly along the meander ings of the centerline of the S & O Canal to the city limits of the City of Savannah; thence in a clockwise direction along the city limits to the centerline of Tulip Street; thence Northwardly along the centerline of Tulip Street and the projections thereof and of THURSDAY, FEBRUARY 23, 1967 647 the centerline of Tuten Street to the city limits of the City of Sa vannah; thence in a clockwise direction along the city limits to the centerline of East Lathrop Avenue and continuing along the city limits Eastwardly on Bay Street and as the city limits meander in a Northerly, Westerly, and Easterly direction to the North eastern point of Hutchinson and/or Fig Island; thence Westwardly along the line of the Savannah River dividing Georgia from South Carolina to the point where the same intersects the county line between Chatham and Effingham Counties; thence Westwardly and Southwestwardly along the line dividing Chatham and Effingham counties to the centerline of the Ogeechee River; thence Southeastwardly along the meanderings of the centerline of the Ogeechee River to the point of beginning.--1 Representative. "District No. 95: Fulton--5 Representatives. "District No. 96: That portion of Fulton County more par ticularly described as follows: Beginning at the intersection of Stone Road and the Atlanta City Limits; running thence north and northwest along Stone Road to the intersection of Fairburn Road; running thence north and northeast along Fairburn Road to the intersection of the Atlanta City Limits; running thence north, east and west along Atlanta City Limits to the intersection of North Utoy Creek; running thence generally easterly along North Utoy Creek to the intersection of the southern projection of Beecher Court; running thence north along the southern projection of Beecher Court and Beecher Court to the intersection of Beecher Street; running thence east along Beecher Street to the intersection of Donnally Avenue; running thence southeast along Donnally Avenue to the intersection of Lawton Street and Hall Street; running thence northeast along Lawton Street to the intersection of Beecher Street; running thence east along Beecher Street to the intersection of Lee Street; running thence south along Lee Street to the intersection of the Central of Georgia Railroad; running thence south and southwest along the Central of Georgia Railroad to the East Point City Limits on the west of said Central of Georgia Railroad; running thence west, north and south along the East Point and Atlanta City Limits to Stone Road and the point of beginning.--1 Representative. "District No. 97: That portion of Fulton County more par ticularly described as follows: Beginning at the intersection of the Northern East Point City Limits and the Central of Georgia Railroad; running thence west, north and south along the East Point City Limits to the intersection of Stone Road; running thence north and northwesterly to the in tersection of Fairburn Road; running thence north and northeaster ly along Fairburn Road to the intersection of Atlanta City Limits line; running thence north, east and west along the Atlanta City Limits to the intersection of North Utoy Creek; running thence westerly along North Utoy Creek to the intersection of Brownlee Road; running thence northwest along Brownlee Road to the in tersection of the A. C. L. Railroad; running thence southwest 648 JOURNAL OF THE HOUSE, along the A. C. L. Railroad to Fairburn Road; thence south along Fairburn Road to N. Utoy Creek; running thence northwesterly and westerly along Utoy Creek to the intersection of the Chattahoochee River; running thence generally southwest along the Chattahoochee River to the intersection of Camp Creek; running thence northeasterly and southeasterly along Camp Creek to the line dividing the 9th District of formerly Coweta, now Fulton County, from the 14th District of formerly Fayette, now Fulton County, Georgia; running thence southeasterly along the line dividing the 9th District of formerly Coweta, now Fulton County, from the 14th District of Fulton County, and extension thereof, to the southwest corner of Land Lot 140 of the 9th District of formerly Fayette, now Fulton County; running thence east along the south Land Lot line of Land Lots 140, 139, 138, 137, 136, 135, 134 and 133 of the 9th District of formerly Fayette, now Fulton County, Georgia, to a line running in a northeast direction from the southwest corner of Land Lot 124 of the 9th District of formerly Fayette, now Fulton County, Georgia, to the southwest corner of Land Lot 38 of the 14th District of Fulton County, Georgia; running thence east along the south District line of the 14th District of Fulton County, Georgia, to the intersection of the East Point City Limits at the southeast corner of Land Lot 1 of the 14th District of Fulton County, Georgia; running thence south, east, north and northeast along the East Point City Limits to the intersection of the A. & W. P. Railroad; running thence northeasterly along the A. & W. P. Railroad and Central of Georgia Railroad to the intersection of the East Point City Limits and point of beginning.--1 Repre sentative. "District 98: That portion of Fulton County more particularly described as follows: Beginning at the intersection of the southerly East Point City Limits and the A. & W. P. Railroad; running thence west, south, southwest and north along the East Point City Limits to the inter section with the South District line of the 14th District of Fulton County, Georgia, at the southeast corner of Land Lot 1 of the 14th District of Fulton County, Georgia; running thence west along the south District line of the 14th District of Fulton County, Georgia, to the intersection of the southwest corner of Land Lot 38 of the 14th District of Fulton County, Georgia; running thence southwest along a line running from the southwest corner of Land Lot 38 of the 14th District of Fulton County, Georgia, to the southwest corner of Land Lot 124 of the 9th District of formerly Fayette, now Fulton County, Georgia, to the intersection of the south Land Lot line of Land Lot 133 of the 9th District of formerly Fayette, now Fulton County, running thence west along the south Land Lot lines of Land Lots 133, 134, 135, 136, 137, 138, 139 and 140 of the 9th District of formerly Fayette, now Fulton County, Georgia, to the intersection of the southwest corner of Land Lot 140 of the 9th District of formerly Fayette, now Fulton County, Georgia; run ning thence northwest along the District line dividing the 9th District of formerly Fayette and the 7th District of formerly Coweta, and continuing in a northwesterly and northeasterly direc tion along the District line dividing the 14th District of formerly Fayette and the 9th District of formerly Coweta County, to the THURSDAY, FEBRUARY 23, 1967 649 intersection of Camp Creek; running thence northwesterly and southwesterly along Camp Creek to the intersection of the Chat tahoochee River; running thence southwest along the Chattahoochee River and following the meanderings thereof to the intersection of the most southwesterly point of Fulton County; running thence east, southeast and northeast along the Fulton County line to the intersection of the southern College Park City Limits line; running thence north, east and south along the College Park City Limits line to the intersection of said City Limits line with the A. & W. P. Railroad in Land Lot 6 of the 13th District of formerly Clayton, now Fulton County, Georgia; running thence northeasterly along the A. & W. P. Railroad to the intersection of the southern East Point City Limits and the point of beginning.--1 Representative. "District No. 99: That portion of Fulton County more par ticularly described as follows: Beginning at the intersection of the Georgia Railroad and Oakland Avenue; running thence southwest, north and northwest erly along the Georgia Railroad and the W. & A. Railroad to the intersection of the projection of Simpson Street; running thence west along Simpson Street and projection to the intersection of Elliott Street; running thence southeast and south along Elliott Street with offsets westerly at Block Place and easterly at Mitchell Street to the intersection of Nelson Street; running thence south and southwesterly along Nelson Street to the intersection of Walker Street; running thence southwesterly along Walker Street to the intersection of Fair Street; running thence southeasterly along Fair Street to the intersection of the Central of Georgia Railroad; running thence southwesterly along the Central of Georgia Railroad to the intersection of Park Street and Whitehall Street; running thence north and northeasterly along Whitehall Street to the inter section of McDaniel Street; running thence southeasterly and south erly along McDaniel Street and the southern projection of McDaniel Street to the intersection of the A. & W. P. Railroad; running thence south, east, and northeasterly along the A. & W. P. Railroad to the intersection of Capitol Avenue; running thence north along Capitol Avenue to the intersection of Fulton Street; running thence east along Fulton Street with offset at Martin Street to the inersection of Connally Street; running thence north along Connally Street to the intersection of Glenwood Avenue; running thece east along Glenwood Avenue to the intersection of Kelly Street; running thence north along Kelly Street to the intersection of Memorial Drive; running thence east along Memorial Drive to the intersection of Oakland Avenue; running thence north along Oakland Avenue to the Georgia Railroad and the point of beginning.--1 Representa tive. "District No. 100: That portion of Fulton County more par ticularly described as follows: Beginning at the intersection of McDaniel Street and Whitehall Street; running thence south and southwesterly along Whitehall Street to the intersection of the Central of Georgia Railroad; running thence south and southwesterly along the Central of Geor- 650 JOURNAL OF THE HOUSE, gia Railroad and the A. & W. P. Railroad to the intersection of the Atlanta City limits; continuing thence along the City limits of Atlanta and following the meanderings thereof in an easterly, southerly, westerly and northerly direction to the intersection of said City Limits line with the South Expressway at or near Mount Zion Avenue; running thence northerly, northwesterly and north easterly along the South Expressway to the intersection of the A. & W. P. Railroad; running thence westerly along the A. & W. P. Railroad to the intersection of the southern projection of McDaniel Street; running thence north and northwesterly along the southern projection of McDaniel Street and McDaniel Street to the intersection of Whitehall Street and the point of beginning. 1 Representative. "District No. 101: That portion of Fulton County more particu larly described as follows: Beginning at the intersection of the Northern East Point City Limits with the intersection of the Central of Georgia Railroad; run ning thence south and southwesterly along the Central of Georgia Railroad and the A. & W. P. Railroad to the intersection of the Fulton-Clayton County line; running thence south, east, north and generally east along the Fulton-Clayton County line to the inter section of the easternmost Hapeville City Limit line; running thence north, east, north and west along the Hapeville City Limit line and the projection thereof to the intersection of the East Point City Limit line; running thence north and west along the East Point City Limit line to the Central of Georgia Railroad and the point of beginning; EXCLUDING from the above described tract, however, any land lying within the corporate limits of the City of Atlanta. - 1 Repre sentative. "District No. 102: That portion of Fulton County more particu larly described as follows: Beginning at the intersection of Oakland Avenue and the Georgia Railroad; running thence south along Oakland Avenue to the intersection of Memorial Drive; running thence west along Memorial Drive to the intersection of Kelly Street; running thence south along Kelly Street to the intersection of Glenwood Avenue; running thence west along Glenwood Avenue to the intersection of Connally Street; running thence south along Connally Street to the intersection of Fulton Street; running thence west along Fulton Street with offset north at Martin Street to the intersection of Capitol Avenue; running thence south along Capitol Avenue to the intersection of the A. & W. P. Railroad; running thence north and northeasterly along the A. & W. P. Railroad to the intersection of Memorial Drive; running thence west along Memorial Drive to the intersection of Pearl Street; running thence north along Pearl Street and the projection of Pearl Street to the intersection of the Georgia Railroad; thence southeasterly along the Georgia Rail road to the intersection of Oakland Avenue and the point of begin ning. - 1 Representative. "District No. 103: That portion of Fulton County more particu larly described as follows: THURSDAY, FEBRUARY 23, 1967 651 Beginning at the southeast corner of Fulton County, Georgia, where it intersects with the southwest corner of DeKalb County, Georgia; running thence in a northerly direction along the eastern boundary of Fulton County to its intersection with Constitution Road; running thence west along Constitution Road to the intersec tion of Jonesboro Road; running thence northwesterly along Jonesboro Road to the intersection of Harper Road; running thence west along Harper Road to Burroughs Road; running thence south along Burroughs Road to the intersection of McWilliams Road; running thence west and southwesterly along McWilliams Road and Brown's Mill Road to the intersection of South River; running thence north and northwesterly along South River to its intersection with the west land lot line of Land Lot 59 of the 14th District of Fulton County; running thence north along the west land lot lines of Land Lots 59 and 58 to the intersection of Claire Drive and Capitol Av enue ; running thence north along Capitol Avenue to the intersection of the A. & W. P. Railroad; running thence south and southwesterly along the A. & W. P. Railroad to the South Expressway; running thence southerly along the South Expressway to the southern Hapeville City Limits; running thence southwest, northwest and south along the Hapeville City Limits to the South Fulton County line; running thence east along the south Fulton County line to the south east corner of Fulton County and the point of beginning. - 1 Repre sentative. "District No. 104: That portion of Fulton County more particu larly described as follows: Beginning at the intersection of the Georgia Railroad with the east boundary line of Fulton County; running thence south and southwesterly along the Georgia Railroad to the intersection of the projection of Pearl Street; running thence south along Pearl Street Projection and Pearl Street to the intersection of Memorial Drive; running thence east along Memorial Drive to the intersection of the A. & W. P. Railroad; running thence south and southwesterly along the A. & W. P. Railroad to the intersection of Capitol Avenue; run ning thence south along Capitol Avenue and the westerly Land Lot line of Land Lots 58 and 59 of the 14th District to the intersection of the South River; running thence south and southeasterly along South River to the intersection of Brown's Mill Road; running thence north and northeasterly along Brown's Mill Road and Mc Williams Road to the intersection of Burroughs Road; running thence north along Burroughs Road to the intersection of Harper Road; running thence east along Harper Road to the intersection of Jonesboro Road; running thence south and southeasterly along Jonesboro Road to the intersection of Constitution Road; running thence east along Constitution Road to the intersection of the east boundary line of Fulton County; running thence north along the east boundary line of Fulton County to the intersection of the Georgia Railroad and the point of beginning. - 1 Representative. "District No. 105: That portion of Fulton County more particu larly described as follows: Beginning at the intersection of the Georgia Railroad with the east boundary line of Fulton County; running thence north along 652 JOURNAL OF THE HOUSE, the east boundary line of Pulton County to the intersection of the Southern Railway Main Line; running thence south and southwest along the Southern Railway Main Line to the intersection of the Southern Railway Belt Line; thence south and southeast along the Southern Railway Belt Line to the intersection of Piedmont Road; running thence northeasterly along Piedmont Road to the intersec tion of Monroe Drive; running thence southeasterly along Monroe Drive to the intersection of Yorkshire Road; running thence east along Yorkshire Road to the intersection of North Morningside Drive; running thence southeasterly along North Morningside Drive to the intersection of North Highland Avenue; running thence south along North Highland Avenue to the intersection of Amsterdam Avenue; running thence west along Amsterdam Avenue to the inter section of the Projection of Barnett Street; running thence south along the Projection of Barnett Street and Barnett Street to the intersection of St. Charles Avenue; running thence west along St. Charles Avenue and the projection thereof to the intersection of the Southern Railway Belt Line; running thence south, southeasterly and southwesterly along the Southern Railway Belt Line to the in tersection of the Georgia Railroad; running thence north and north easterly along the Georgia Railroad to the intersection of the east boundary line of Fulton County and the point of beginning. - 1 Representative. "District No. 106: That portion of Fulton County more particu larly described as follows: Beginning at the intersection of the projection of North Avenue and Southern Railway Belt Line; running thence north along the Southern Railway Belt Line to the intersection of projection of St. Charles Avenue; running thence east along St. Charles Avenue pro jection and St. Charles Avenue to the intersection of Barnett Street; running thence north along Barnett Street and the projection of Barnett Street to the intersection of Amsterdam Avenue; running thence east along Amsterdam Avenue to the intersection of North Highland Avenue; running thence west along North Highland Avenue to the intersection of North Morningside Drive; thence northwesterly along North Morningside Drive to the intersection of Yorkshire Road; thence westerly along Yorkshire Road to the intersection of Monroe Drive; thence northwesterly along Monroe Drive to the intersection of Piedmont Avenue; thence southwesterly along Piedmont Avenue to the intersection of the Southern Railway Belt Line; thence southerly along the Southern Railway Belt Line to the intersection of 10th Street; thence westerly along 10th Street to the intersection of West Peachtree Street; thence south along West Peachtree Street to the intersection of North Avenue; thence west along North Avenue to the intersection of Williams Street; thence south along Williams Street to the intersection of Cain Street; thence south and southwesterly along Cain Street with a northwesterly offset at Luckie Street to the intersection of the W. & A. Railroad; thence south, southeast, north and northeast along the W. & A. Railroad and the Georgia Railroad to the inter section of Butler Street; thence northeast and north along Butler Street to the intersection of Forrest Avenue; thence east along Forrest Avenue to the intersection of Bedford Place; thence north along Bedford Place to the intersection of North Avenue; thence THURSDAY, FEBRUARY 23, 1967 653 east along North Avenue and the projection thereof to the inter section of the Southern Railway Belt Line and the point of be ginning. - 1 Representative. "District No. 107: That portion of Fulton County more particu larly described as follows: Beginning at the intersection of the Southern Railroad Belt Line and the projection of North Avenue; running thence west along the projection of North Avenue and North Avenue to the in tersection of Bedford Place; running thence south along Bedford Place to the intersection of Forrest Avenue; running thence west along Forrest Avenue to the intersection of Butler Street; running thence south and southwesterly along Butler Street to the intersec tion of the Georgia Railroad; running thence south, north and northeasterly along the Georgia Railroad to the intersection of the Southern Railway Belt Line; running thence northeasterly, north erly and northeasterly along the Southern Railway Belt Line to the intersection of the projection of North Avenue and the point of beginning. - 1 Representative. "District No. 108: That portion of Fulton County more particu larly described as follows: Beginning at the intersection of the Chattahoochee River and the Southern Railroad; running thence south, southeast and easterly along the Southern Railroad to the intersection of Marietta Road; running thence south along Marietta Road to West Marietta Street; running thence southeast along West Marietta Street to the L. & N. Railroad; running thence southeasterly along the L. & N. Railroad to its intersection with the line dividing the 14th Land District of Fulton County from the 17th Land District of Fulton County; run ning thence in a westerly direction along said Land District line to its intersection with Proctor Creek; running thence in a north westerly direction along Proctor Creek and following the meanderings thereof to its intersection with the east Land Lot line of Land Lot 226 of the 17th District of Fulton County, Georgia; running thence north along said Land Lot line to the northeast corner of said Land Lot 226; running thence west along the north Land Lot line of said Land Lot 226 to its interesection with Proctor Creek and a projection of North Street; running thence southwesterly along the projection of North Street and North Street to the inter section of Ruth Street; running thence west along Ruth Street to the intersection of Gun Club Road; running thence south along Gun Club Road to the intersection of Hollywood Drive; running thence southwest along Hollywood Drive to the intersection of Holly wood Road; running thence northwesterly along Hollywood Road to the intersection of N. Grand Avenue; running thence south westerly and southerly along N. Grand Avenue with offset at Sisk Street to the intersection of Bankhead Highway; running thence east along Bankhead Highway to the intersection of Gary Road; running thence south along Gary Road and the south pro jection thereof with offset at Baker Road to the intersection of Simpson Road; running thence west along Simpson Road to the intersection of the west Land Lot line of Land Lot 179; thence 654 JOURNAL OF THE HOUSE, south along the west Land Lot line of Land Lots 179 and 180 of the 14th District of Fulton County to the intersection of the A.C.L. Railroad; running thence southeasterly along the A.C.L. Railroad to the intersection of Wilson Avenue; running thence south along Wilson Avenue and the projection thereof to the intersection of Gordon Road and the northwest corner of Westview Cemetery Property; running thence south, west, south and east along the Westview Cemetery property to the intersection of the south property line of said property with the west line of Land Lot 171 of the 14th District of Fulton County; running thence south along the west Land Lot line of Land Lot 171 to the intersection of North Utoy Creek; running thence west and northwest along N. Utoy Creek to the intersection of Brownlee Road; running thence northwest along Brownlee Road to the intersection of the A.C.L. Railroad; running thence southwest along the A.C.L. Railroad to Fairburn Road; thence south along Fairburn Road to North Utoy Creek; running thence northwest and west along Utoy Creek to the intersection of the Chattahoochee River; running thence north and northeast along the Chattahoochee River to the inter section of the Southern Railroad and the point of beginning. 1 Representative. "District No. 109: That portion of Fulton County more particu larly described as follows: Beginning at a point on the line dividing the 14th Land District of Fulton County from the 17th Land District of Fulton County, which point is at the intersection of said line with the L. & N. Rail road; running thence in a westerly direction along said Land District line to its intersection with Proctor Creek; running thence in a northwesterly direction along Proctor Creek and following the meanderings thereof to its intersection with the east Land Lot line of Land Lot 226 of the 17th District of Fulton County, Georgia; running thence north along said Land Lot line to the northeast corner of said Land Lot 226; running thence west along the north Land Lot line of said Land Lot 226 to its intersection with Proctor Creek and a projection of North Street; running thence southwest along the projection of North Street and North Street to the inter section of Ruth Street; running thence west along Ruth Street to the intersection of Gun Club Road; running thence south along Gun Club Road to the intersection of Hollywood Drive; running thence southwest along Hollywood Drive to the intersection of Hollywood Road; thence northwest along Hollywood Road to the intersection of N. Grand Avenue; running thence southwest and south along N. Grand Avenue with offset at Sisk Street to the intersection of Bankhead Highway; thence east along Bankhead Highway to the intersection of Gary Road; thence south along Gary Road and the southern projection thereof with offset at Baker Road to the inter section of Simpson Road; thence west along Simpson Road to the intersection of the west Land Lot line of Land Lot 179, Fulton County; thence south along the west Land Lot line of Land Lots 179 and 180, 14th District, Fulton County, to the intersection of the A.C.L. Railroad; thence southeast and northeast along the A.C.L. Railroad to the intersection of West Lake Avenue; thence north and northeast along West Lake Avenue to the intersection of THURSDAY, FEBRUARY 23, 1967 655 Simpson Road; thence east along Simpson Road to the intersection of the L. & N. Railroad; thence south along the L. & N. Railroad to the intersection of Hunter Street; thence east along Hunter Street to the intersection of Ashby Street; thence north along Ashby Street to the intersection of Marietta Street; thence north west along Marietta Street to its intersection with the L. & N. Railroad; running thence in a southerly direction along the L. & N. Railroad to its intersection with the line dividing the 14th Land District of Fulton County from the 17th Land District of Fulton County, and the point of beginning. - 1 Representative. "District No. 110: That portion of Fulton County more particu larly described as follows: Beginning at the intersection of Gordon Street and the Central of Georgia Railroad; running thence west along Gordon Street to the intersection of Ashby Street; thence north along Ashby Street to the intersection of Hunter Street; thence west and southwest along Hunter Street to the intersection of the L. & N. Railroad; thence north along the L. & N. Railroad to the intersection of Simpson Road; thence west along Simpson Road to the intersection of Westlake Avenue; thence south and southwest along Westlake Avenue to the intersection of the A.C.L. Railroad; thence south westerly and northwesterly along the A.C.L. Railroad to the inter section of Wilson Avenue; thence south along Wilson Avenue and the projection of Wilson Avenue to the intersection of Gordon Road and the northwest corner of Westview Cemetery property; thence south, west, south and east along the Westview Cemetery Property to the intersection of the south line of said property with the west line of Land Lot 171, 14th District of Fulton County; run ning thence south along the west line of Land Lot 171, 14th District of Fulton County to the intersection of N. Utoy Creek; running thence south and southeast along Utoy Creek and following the meanderings thereof to the intersection of the southern projection of Beecher Court; running thence north along the southern pro jection of Beecher Court and Beecher Court to the intersection of Beecher Street; running thence east along Beecher Street to the intersection of Donnally Avenue; running thence southeast along Donnally Avenue to the intersection of Hall Street and Lawton Street; running thence northeast along Lawton Street to the inter section of Beecher Street; running thence east along Beecher Street to the intersection of Lee Street; running thence south along Lee Street to the intersection of the Central of Georgia Rail road; running thence northeast along the Central of Georgia Rail road to the intersection of Gordon Street and the point of begin ning. - 1 Representative. "District No. Ill: That portion of Fulton County more particu larly described as follows: Beginning at the intersection of Gordon Street and the Central of Georgia Railroad; running thence west along Gordon Street to the intersection of Ashby Street; running thence north along Ashby Street to the intersection of Simpson Street; running thence east along Simpson Street to the intersection of Vine Street; thence 656 JOURNAL OF THE HOUSE, south along Vine Street to the intersection of Hunter Street; thence east along Hunter Street to the intersection of Elliott Street; thence south along Elliott Street to the intersection of Nelson Street; thence southwest along Nelson Street to the intersection of Walker Street; thence southwest along Walker Street to the inter section of Fair Street; thence southeast along Fair Street to the intersection of Central of Georgia Railroad; thence southwest along the Central of Georgia Railroad to the intersection of Gordon Street and the point of beginning. - 1 Representative. "District No. ] 12: That portion of Fulton County more particu larly described as follows: Beginning at the intersection of Ashby Street and Simpson Street; running thence north along Ashby Street and the projection thereof to the intersection of the Southern Railway thence north east along1 the Southern Railway to the intersection of Northside Drive; thence south along- Northside Drive to the intersection of Hemphill Avenue; thence southeast along Hemphill Avenue to the intersection of State Street; thence south along State Street to the intersection of North Avenue; thence east along North Avenue to the intersection of Williams Street; thence south along Williams Street to the intersection of Cain Street; thence west and southwest along Cain Street with set-off at Luckie Street to the intersection of the W. & A. Railroad; thence northwest along the W. & A. Rail road to the intersection of Elliott Street at its intersection with Simpson Street; thence south along Elliott Street with westerly set-off at Block Place, to the intersection of Hunter Street; thence west along Hunter Street to the intersection of Vine Street; thence north along- Vine Street to the intersection of Simpson Street; thence west along Simpson Street to the intersection of Ashby Street and the point of beginning." - 1 Representative. "District No. 113: That portion of Fulton County more particu larly described as follows: Beginning at the intersection of the Atlanta City limits at the Chattahoochee River and the Seaboard Air Line Railroad; running thence south, west and southwesterly along the Chattahoochee River to the intersection of the Southern Railway; thence south easterly and southerly along the Southern Railway to the intersec tion of Marietta Road; thence south and southeasterly along Mari etta Road and Marietta Street to the northern projection of Ashby Street; thence north along the northern projection of Ashby Street to the intersection of the Southern Railway; thence northeast along the Southern Railway to the intersection of Northside Drive; thence south along Northside Drive to the intersection of Hemphill Avenue; thence southeasterly along Hemphill Avenue to the intersection of State Street; thence south along State Street to the intersection of North Avenue; thence east along North Avenue to the intersection of West Peachtree Street; thence north along West Peachtree Street to the intersection of 10th Street; thence east along 10th Street to the intersection of the Southern Railway Belt Line; thence north and northwesterly along the Southern Railway Belt Line to the intersection of the Southern Railway Main Line; thence south- THURSDAY, FEBRUARY 23, 1967 657 west along the Southern Railway Main Line to the intersection of the Northwest Expressway; thence north and northwest along the Northwest Expressway to the intersection of Peachtree Creek; thence south, southwest, north and northwest along Peachtree Creek to the intersection of Moore's Mill Road; thence southwest along Moore's Mill Road to the intersection of the Seaboard Air Line Railroad; thence northwesterly along the Seaboard Air Line Railroad to the intersection of the Atlanta City Limits at the Chattahoochee River and the point of beginning'." - 1 Representative. "District No. 114: That portion of Fulton County more particu larly described as follows: Beginning at the intersection of the Fulton-DeKalb County line with Windsor Parkway; running thence north, east, northwest, west, southwest and southerly along the Fulton County boundary line to the intersection of the Northern Atlanta City Limits with the Chattahoochee River; thence generally east along the northsrly Atlanta City Limits to the intersection of Lake Forest Drive; run ning thence north along Lake Forest Drive to the intersection of Spruell Springs Road; thence; east along Spruell Springs Road to the intersection of Roswell Road; thence north along1 Roswell Road to the intersection of Forest Hills Drive; thence cast alongForest Hills Drive to the intersection of Highpoint Road; thence south along Highpoint Road to the intersection of Windsor Park way; thence northeasterly and southeasterly along Windsor Park way to the intersection of Fulton-DeKalb County line and the point of beginning." - 1 Representative. "District No. 115: That portion of Fulton County more particu larly described as follows: Beginning at the intersection of Peachtree Road and the FultonDeKalb County line; running thence north along the Fulton-DeKalb County line past the Atlanta City Limits, to the intersection of Windsor Parkway; thence northwesterly and southwesterly along Windsor Parkway to the intersection of Highpoint Road; thence north along Highpoint Road to the intersection of Forest Hills Drive; thence west along Forest Hills Drive to the intersection of Roswell Road; thence south along Roswell Road to the intersection of Spruell Springs Road; thence west along Spruell Springs Road to the intersection of Forest Drive; thence south along Forest Drive to the intersection of the Northern Atlanta City Limits; thence in a generally westerly direction along the Northern Atlanta City limits to the intersection of the Northern Atlanta City limits with the Chattahoochee River; thence south and southwesterly along the Chattahoochee River to the intersection of the S.A.L. Railroad; thence southeast along the S.A.L. Railroad to the inter section of Moore's Mill Road; thence northeast along Moore's Mill Road to the intersection of Peachtree Creek; thence east, southeast and northeasterly along Peachtree Creek and following the meanderings thereof to the intersection of Howell Mill Road; thence north along Howell Mill Road to the intersection of West Wesley Road; thence east along West Wesley Road to the intersection of Peachtree Road; thence north and northeast along Peachtree Road to the 658 JOURNAL OF THE HOUSE, intersection of the Fulton-DeKalb County line and the point of beginning." - 1 Representative. "District No. 116: That portion of Fulton County more par ticularly described as follows: Beginning at the intersection of Peachtree Road and the FultonDeKalb County line; running thence southerly and southwesterly along Peachtree Road to the intersection of West Wesley Road; running thence west along West Wesley Road to the intersection of Howell Mill Road; thence south along Howell Mill Road to the intersection of Peachtree Creek; thence southerly, westerly, north erly and northwesterly along Peachtree Creek to the intersection of the Northwest Expressway; thence southerly and southwesterly along the Northwest Expressway to the intersection of the Southern Railway Main Line; thence northeasterly along the Southern Rail way Main Line to the intersection of the Fulton-DeKalb County line; thence north along the Fulton-DeKalb County line to the inter section of Peachtree Road and the point of beginning. - 1 Repre sentative. "District No. 117: Cobb, Paulding & Douglas - 7 Representa tives. "A Candidate for the House of Representatives in a Repre sentative District having more than one Representative shall desig nate the Representative Post for which he offers as a candidate. This shall apply to all primaries and elections of whatever kind. Such Posts shall be designated by numbers, beginning with Post Number 1 and ending with the number equaling the total number of Representatives in such District. At the time of his election, a member of the House of Representatives must have been a resident of the territory from which elected for at least one year immediately preceding such time. Each Representative shall be elected only by the voters of his Representative District. "The first members elected pursuant to the above apportion ment shall take office on the convening day of the; session of the General Assembly of Georgia on the second Monday in January of 1969. Until that time, the apportionment of the House of Repre sentatives as it existed prior to the above apportionment shall continue in full force and effect, and the members of the House of Representatives elected under such previous apportionment pro visions shall continue to serve until the aforesaid time. The above apportionment provisions shall be effective, however, for the purpose of electing the members who are to take office in 1969 as aforesaid. Such members taking office in 1969 shall hold office until their suc cessors are elected and take the oath of office for the session of the General Assembly of Georgia which convenes in 1971. Such successors and future successors shall be elected under the pro visions of the above apportionment of the House of Representa tives." Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or un- THURSDAY, FEBRUARY 23, 1967 659 constitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsec tion, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 3. An Act entitled "An Act to provide that the House of Representatives shall consist of 205 members; to provide that such 205 members be apportioned among Representative Districts with no District having more than 4 members; to provide for the designa tion of Posts; to provide that Representatives shall be elected by the voters of the District they represent; to provide that the passage of this Act shall not preclude the General Assembly from considering and enacting legislation providing for a different number of mem bers of the House of Representatives; to repeal conflicting laws; and for other purposes.", approved March 11, 1965 (Ga. Laws 1965, p. 175), is hereby repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Mr. Rowland of the 48th moved that HB 328 and all amendments thereto be recommitted to the Committee on Legislative and Congressional Reapportionment with instructions that said Committee give the Bill further study and present to the House a plan providing for not less than 205 members of the House of Representatives. On the motion to recommit, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Anderson Barfield Bennett Blalock Bostick Bowen Clarke Collins, J. F. Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Daugherty Davis Dean Dickinson Douglas Fallin Floyd Gay Hadaway Hall Harris, J. F. Henderson Higginbotham Holder Howard Hutchinson Johnson, A. S. Johnson, B. Joiner Jordan, G. Kirksey Laite Land Lane, Dick Lane, W. J. Lewis Magoon Malone Matthews, D. R. McDaniell Moore, J. H. Murphy Otwell 660 Paris Parker, C. A. Parker, H. W. Potts Rainey Rowland Rush JOURNAL OF THE HOUSE, Savage Shanahan Simmons Smith, G. W. Smith, J. R. Steis Tucker Underwood Vaughan, D. N. Ward Whaley Williams Wilson, J. M. Wood Those voting in the negative were Messrs. Adams Alexander Ballard Barber Battle Berry, C. E. Berry, J. K. Black Bond Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Cates Cato Chandler Cole Cook Cox Dailey DeLong Dent Dillon Dodson Dollar Dorminy Edwards Egan Farmer Farrar Fleming Funk Gary Gaynor Gignilliat Grahl Grier Hale Hamilton Harris, J. R. Harris, R. W. Harrison Hill Howell Irvin Jenkins Jones, C. M. Jones, M. Jordan, W. H. Kaylor Knapp Lambert Lambros Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Longino Lowrey Mason Matthews, C. Maxwell McClatchey McCracken Melton Merritt Miller Minge Mixon Moate Moore, Don C. Moreland Mullinax Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Pafford Palmer Phillips Pickard Poss Ragland Reaves Richardson Roach Ross Sherman Shields Sims Smith, V. T. Smith, W. L. Snow Starnes Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Town send Turner Tye Vaughn, C. R. Walling Wamble Ware Wells Wiggins Wilson, R. W. Winkles Those not voting were Messrs. Cheeks Collins, M. Colwell Conner Dixon Doster Harrington Hood Lovell Mauldin THURSDAY, FEBRUARY 23, 1967 661 Parrish Peterson Russell Scarlett Stalnaker Sullivan Westlake Mr. Speaker On the motion to recommit, the ayes were 66, nays 120. The motion was lost. The following amendment was read: Mr. Conner of the 91st moves to amend the Committee substitute to House Bill 328 by combining District 58, composed of the Counties of Jeff Davis and Appling, and District 59, composed of the Counties of Bacon and Pierce, and to designate said new district as District Number 58 with two Representatives. All other districts following said district shall be renumbered so as to make the numbers consecutive. 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 Battle Blalock Brantley, H. H. Brantley, H. L. Brown, C. Busbee Cato Cheeks Clarke Cole Collins, J. F. Collins, M. Conner Cook Cooper, J. R. Cox Crowe, W. J. D ailey Daugherty Davis Dean Dickinson Dollar Doster Douglas Edwards Fallin Farrar Fleming Floyd Gay Grahl Hadaway Hall Hamilton Harris, J. F. Harris, J. R. Harris, R. W. Holder Howell Irvin Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, W. H. Kirksey Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. S. Leggett Leonard Levitas Lewis Longino Malone Mason Matthews, D. R. McClatchey McCracken McDaniell Melton Merritt Moate Mullinax Murphy 662 Nash Nessmith Paris Parker, C. A. Peterson Phillips Potts Ragland Richardson Roach Rush Savage Shanahan JOURNAL OF THE HOUSE, Simmons Smith, G. W. Smith, V. T. Smith, W. L. Stalnaker Steis Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Westlake Whaley Wiggins Williams Winkles Wood Those voting in the negative were Messrs. Adams Ballard Barfield Bennett Berry, C. E. Berry, J. K. Branch Bray Buck Carnes Gates Chandler Cooper, B. DeLong Dent Dillon Dixon Dodson Dorminy Egan Farmer Funk Gary Gaynor Gignilliat Grier Harrington Harrison Henderson Howard Hutchinson Jordan, G. Kaylor Lowrey Magoon Matthews, C. Maxwell Miller Minge Mixon Moore, J. H. Moreland Newton Nimmer Northcutt Odom Otwell Pafford Parker, H. W. Pickard Poss Reaves Ross Sherman Sims Starnes Sullivan Sweat Thomas Walling Wells Wilson, J. M. Those not voting were Messrs. Alexander Barber Black Bond Bostick Bowen Brown, B. D. Caldwell Colwell Crowe, William Hale Higginbotham Hill Hood Jones, M. Knapp Lee, W. J. (Bill) Lovell Mauldin Moore, Don C. Oglesby Palmer Parrish Rainey Rowland Russell Scarlett Shields Smith, J. R. Snow Thompson, A. W. Wilson, R. W. Mr. Speaker THURSDAY, FEBRUARY 23, 1967 663 On the adoption of the amendment, the ayes were 109, nays 62. The amendment was adopted. An amendment, offered by Mr. Smith of the 117th was read and lost. An amendment, offered by Mr. Laite of the 109th was read and lost. An amendment, offered by Mr. Savage of the 58th was read and lost. An amendment, offered by Mr. Howard of the 101st was read and lost. The following amendment was read and adopted: Mr. Smith of the 44th moves to amend Committee Substitute to House Bill 328 by striking from same the following on Page 3: "District No. 41: Upson, Pike & Lamar--2 Representatives and substituting the following: "District No. 41: Post 1--Pike & Lamar and that portion of Upson comprising Yatesville and The Rock District as shown on 1960 census report: 1 Representative. Post 2: The remaining portion of Upson County as shown on the 1960 census report: 1 Representative. Mr. Irvin of the llth asked that the House reconsider its action in adoption the amendment by Mr. Smith of the 44th. On the motion to reconsider, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Anderson Ballard Barber Barfield Battle Berry, C. E. Berry, J. K. Black 664 Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Cole Collins, M. Colwell Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Davis Dean DeLong Dillon Dixon Dodson Dollar Dorminy Edwards Egan Fallin Farmer Farrar Floyd Funk Gary Gay Gaynor Gignilliat Grahl Grier Hadaway Hale Hall Hamilton Harrington Harris, J. F. JOURNAL OF THE HOUSE, Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Howard Howell Hutchinson Irvin Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Maxwell McClatchey McCracken McDaniell Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Nimmer Northcutt Odom Palmer Paris Parker, C. A. Parker, H. W. Phillips Pickard Poss Rainey Richardson Roach Rowland Rush Russell Savage Shanahan Sherman Shields Simmons Smith, G. W. Smith, V. T. Smith, W. L. Snow Starnes Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles Wood THURSDAY, FEBRUARY 23, 1967 665 Those voting in the negative were Messrs.: Clarke Collins, J. F. Dent Dickinson Douglas Melton Minge Moreland Newton Otwell Peterson Sims Smith, J. R. Tucker Williams Those not voting were Messrs. : Alexander Bennett Blalock Bond Branch Conner Daugherty Doster Fleming Holder Hood Leggett Lovell Mauldin Oglesby Pafford Parrish Potts Ragland Reaves Ross Scarlett Stalnaker Steis Thomas Mr. Speaker On the motion to reconsider, the ayes were 163, nays 15. The motion prevailed and the House reconsidered its action in adopting the amendment. The above amendment by Mr. Smith of the 44th, under reconsideration by the House, was read and lost. An amendment, offered by Mr. Simmons of the 9th, was read and lost. An amendment, offered by Mr. Laite of the 109th, was read and lost. An amendment, offered by Messrs. Rush of the 75th, Dickinson of the 27th and Collins of the 62nd, was read and lost. An amendment, offered by Mr. Dickinson of the 27th, was read and lost. An amendment, offered by Mr. Laite of the 109th, was read and lost. On the adoption of the Committee substitute, as amended, the roll call was ordered and the vote was as follows: 666 JOURNAL OP THE HOUSE, Those voting in the affirmative were Messrs: Adams Alexander Ballard Barber Battle Berry, C. E. Berry, J. K. Black Bond Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, M. Conner Cook Cooper, J. R. Cox Dailey Daugherty Dean DeLong Dent Dillon Dixon Dodson Dollar Dorminy Doster Edwards Egan Farmer Farrar Fleming Funk Gary Gaynor Gignilliat Grahl Grier Hale Hall Hamilton Harrington Harris, J. R. Harris, R. W. Harrison Hill Hood Howell Irvin Jenkins Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Knapp Laite Lambert Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Lowrey Matthews, C. Maxwell McClatchey McCracken Melton Merritt Miller Minge Mixon Moate Moore, Don C. Moreland Mullinax Nessmith Newton Nimmer Northcutt Odom Oglesby Pafford Palmer Parker, H. W. Phillips Pickard Poss Ragland Reaves Richardson Roach Ross Russell Sherman Shields Sims Smith, V. T. Smith, W. L. Starnes Steis Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Vaughn, C. R. Walling Wamble Ware Wells Whaley Wiggins Wilson, R. W. Winkles Those voting in the negative were Messrs.: Anderson Barfield Bennett Blalock Bostick Branch Collins, J. F. Colwell Cooper, B. THURSDAY, FEBRUARY 23, 1967 667 Crowe, William Crowe, W. J. Da vis Dickinson Douglas Fallin Floyd Gay Hadaway Harris, J. F. Henderson Higginbotham Holder Howard Hutchinson Johnson, A. S. Johnson, B. Jordan, G. Kirksey Lane, W. J. Lewis Magoon Mason Matthews, D. R. McDaniell Moore, J. H. Murphy Nash Otwell Paris Peterson Potts Rainey Rowland Rush Savage Shanahan Simmons Smith, G. W. Smith, J. R. Snow Stalnaker Underwood Vaughan, D. N. Ward Westlake Williams Wilson, J. M. Wood Those not voting were Messrs.: Land Leggett Lovell Malone Mauldin Parker, C. A. Parrish Scarlett Mr. Speaker On the adoption of the Committee substitute, as amended, the ayes were 137, nays 58. The motion prevailed, and the Committee substitute, as amended, was adopted. Mr. Doster of the 73rd stated that his vote was inadvertently recorded as "aye" but that he wished to be recorded as voting "nay" on adopting the Com mittee substitute to HB 328. 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: Adams Alexander Ballard Barber Battle Berry, C. E. Berry, J. K. Black Bond 668 Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Cole Collins, M. Conner Cook Cooper, J. R. Cox Dailey Daugherty Dean DeLong Dent Dillon Dodson Dollar Dorminy Edwards Egan Farmer Farrar Fleming Funk Gary Gaynor Gignilliat Grahl Grier Hale Hall Hamilton Harrington Harris, J. R. Harris, R. W. JOURNAL OF THE HOUSE, Harrison Hill Hood Howell Irvin Jenkins Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Knapp Laite Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Le vitas Longino Lowrey Magoon Malone Matthews, C. Maxwell McClatchey McCracken Melton Merritt Miller Minge Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Pafford Palmer Paris Parker, H. W. Phillips Pickard Poss Ragland Reaves Richardson Roach Ross Rowland Russell Savage Sherman Shield Sims Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughn, C. R. Walling Wamble Ward Ware Wells Whaley Wiggins Wilson, R. W. Winkles Those voting in the negative were Messrs.: Anderson Barfield Bennett Blaloek Bostick Clarke Collins, J. F. Colwell Cooper, B. Crowe, William Crowe, W. J. Davis THURSDAY, FEBRUARY 23, 1967 669 Dickinson Doster Douglas Pallin Floyd Gay Hadaway Harris, J. F. Henderson Higginbotham Holder Howard Hutchinson Johnson, A. S. Johnson, B. Kirksey Lane, W. J. Lewis Lovell Mason Matthews, D. R. McDaniell Otwell Peterson Potts Rainey Rush Shanahan Simmons Smith, G. W. Smith, J. R. Stalnaker Vaughan, D. N. Westlake Williams Wilson, J. M. Wood Those not voting were Messrs.: Dixon Mauldin Parker, C. A. Parrish Scarlett Mr. Speaker On the passage of the Bill, by substitute as amended, the ayes were 149, nays 49. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Mr. Hutchinson of the 79th stated that while conferring with constituents at his desk, he inadvertently voted "nay", but wished to be recorded as voting "aye", on HB 328 by substitute, 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. 670 JOURNAL OP THE HOUSE, Represenative Hall, Atlanta, Georgia Friday, February 24, 1967 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. C. J. Reaves, Pastor St. Paul Methodist Church, Atlanta, 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: FRIDAY, FEBRUARY 24, 1967 671 HB 424. By Mr. Palmer of the 117th: A Bill to be entitled an Act to provide that no person shall operate any vehicle on any public road, street, or highway in this State, while trans porting any type of gravel, rock, or such material, which may spill from, or otherwise be dislodged from such vehicle, unless the same is covered or enclosed; and for other purposes. Referred to the Committee on Industry. HB 425. By Mr. Dailey of the 66th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Coleman, so as to provide for the manner in which municipal elections of the City of Coleman shall be held and conducted; and for other purposes. Referred to the Committee on Local Affairs. HB 426. By Mr. Dailey of the 66th: A Bill to be entitled an Act to amend an Act incorporating the Town of Coleman, so as to change the name of said town from the Town of Cole man to the City of Coleman; and for other purposes. Referred to the Committee on Local Affairs. HB 427. By Mr. Lane of the 64th: 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 Barber Certificate of Registration, so as to change the provisions relating to the qualifications for applicants for examination; and for other purposes. Referred to the Committee on Hygiene and Sanitation. HB 428. By Messrs. Matthews of the 94th and Lowrey of the 13th: A Bill to be entitled an Act to repeal an Act entitled "An Act to provide for the licensing and bonding of truck brokers in agricultural products . .."; and for other purposes. Referred to the Committee on Agriculture. HB 429. By Mr. Matthews of the 94th: A Bill to be entitled an Act to amend an Act entitled the "Georgia Election Code", so as to provide that any person qualifying as a candi date for public office by nomination petition shall be required to pay JOURNAL OF THE HOUSE, the cost incurred by the Secretary of State or Ordinary in examining such petition; and for other purposes. Referred to the Committee on State of Republic. HB 430. By Messrs. Matthews of the 94th and Lowrey of the 13th: A Bill to be entitled an Act to establish within the Department of Agriculture a Roadside Market Incentive Program to improve quality and promote fair and sanitary marketing practices; and for other purposes. Referred to the Committee on Agriculture. HB 431. By Messrs. Matthews of the 94th and Lowrey of the 13th: A Bill to be entitled an Act to require pecan processors and wholesalers to secure license from the Department of Agriculture; and for other purposes. Referred to the Committee on Agriculture. HB 432. By Mr. Carnes of the 129th: A Bill to be entitled an Act to provide for interest on unliquidated damages under certain conditions; to provide for notice by the claimant; to provide that evidence or discussion of interest on unliquidated damages shall not be submitted to the jury; and for other purposes. Referred to the Committee on Judiciary. HB 433. By Messrs. Berry and Gignilliat of the 113th, Punk and Battle of the 116th, Gaynor and Smith of the 114th, Tye and Whaley of the 115th: A Bill to be entitled an Act to provide for the procedure relative to leaves of absence for the Chief Judge of the Municipal Court of Savannah; to provide for the appointment of Associate Judges of said court; and for other purposes. Referred to the Committee on Local Affairs. HB 434. By Mr. Bostick of the 93rd: A Bill to be entitled an Act to amend an Act placing the Sheriff of Tift County on a salary basis, so as to change the total amount of compensa tion to be paid deputies, jailers, clerks and assistants and to provide for the replacement of automobiles used by the Sheriff's office; and for other purposes. Referred to the Committee on Local Affairs. FRIDAY, FEBRUARY 24, 1967 673 HB 435. By Messrs. Bennett, Barfield and Sullivan of the 95th: A Bill to be entitled an Act creating a Small Claims Court for Lowndes County; and for other purposes. Referred to the Committee on Local Affairs. HB 436. By Messrs. Lane and Nessmith of the 64th: A Bill to be entitled an Act to amend an Act incorporating the town of Portal, so as to provide that the Mayor and Council of the town of Portal shall have power to impose fines not exceeding two hundred dollars in the punishment of offenders against any ordinances, by-laws or regulations of said town; and for other purposes. Referred to the Committee on Local Affairs. HB 437. By Messrs. Irvin of the llth, Murphy of the 26th, Caldwell of the 51st: A Bill to be entitled an Act to amend the Act approved March 15, 1933, so as to provide that the State Highway Department may purchase through the Supervisor of Purchases for the State passenger-carrying trucks for the use of State Highway Department personnel engaged in the construction and maintenance of roads and bridges in this State; and for other purposes. Referred to the Committee on Highways. HB 438. By Mr. Wells of the 30th: A Bill to be entitled an Act to provide for the election of members of the Board of Education of Oglethorpe County; and for other purposes. Referred to the Committee on Local Affairs. HB 439. By Messrs. Davis, Westlake and Higginbotham of the 119th, Smith, Malone and Palmer of the 117th and Carnes of the 129th: A Bill to be entitled an Act to repeal Code Section 92-5702 defining "Fair Market Value"; and for other purposes. Referred to the Committee on Ways and Means. HB 440. By Messrs. Threadgill and Wiggins of the 32nd: A Bill to be entitled an Act to amend Code Section 92-3211 relating ta penalties for late filing of, and failure to file, returns, so as to provide that the penalty for failure to file a timely return shall be based on the tax due at the time such return should have been filed; and for other purposes. Referred to the Committee on Ways and Means. 674 JOURNAL OF THE HOUSE, HB 441. By Messrs. Threadgill and Wiggins of the 32nd: A Bill to be entitled an Act to provide that it shall be the duty of all sheriffs, chiefs of police, and the heads of any other State law enforce ment agency to obtain the name and address of all persons arrested by law enforcement officers, when such person is charted with an offense against the laws of Georgia; and for other purposes. Referred to the Committee on State of Republic. HB 442. By Mr. Black of the 56th: A Bill to be entitled an Act to amend an Act placing the ordinaries of certain counties on a salary system in lieu of a fee system, so as to pro vide that such ordinaries shall be authorized to assess certain costs in certain cases; and for other purposes. Referred to the Committee on Local Affairs. HB 443. By Mr. Black of the 56th: A Bill to be entitled an Act to provide in the counties of the State having a population of not less than 3,000 nor more than 3,250, that the clerk of the superior court shall attend the trial in the court of ordinary of all cases for violation of all traffic laws in said county; and for other purposes. Referred to the Committee on Local Affairs. HB 444. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend the Code of Georgia of 1933, Section 67-2002 (3) relating to the enforcement of laborer's and materialmen's liens, so as to provide that any lien enforced, against the property so improved shall be brought within twelve months from the time such material, services, labor or supplies were furnished; and for other purposes. Referred to the Committee on Judiciary. HB 445. By Messrs. Murphy of the 26th, Caldwell of the 51st and Irvin of the llth: A Bill to be entitled an Act to amend the Act creating the State High way Board, so as to remove the limitations placed on lease rentals made pursuant to lease contracts; and for other purposes. Referred to the Committee on Highways. HB 446. By Messrs. Ware and Mullinax of the 42nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of West Point, so as to authorize the sale of certain property; and for other purposes. Referred to the Committee on Local Affairs. FRIDAY, FEBRUARY 24, 1967 675 HB 447. By Messrs. Murphy of the 26th, Caldwell of the 51st and Irvin 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 registration of vehicles without a certificate of title; and for other purposes. Referred to the Committee on Motor Vehicles. HB 448. By Messrs. Murphy of the 26th, Caldwell of the 51st, and Irvin of the llth: A Bill to be entitled an Act to merge the Georgia Rural Roads Authority into the Georgia State Highway Authority, and to rename said Authority the "Georgia Highway Authority"; and for other purposes. Referred to the Committee on Rules. HB 449. By Mr. Lee of the 79th: A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany, so as to authorize the extension of gas services and gas distribution system into certain areas of Lee County; and for other purposes. Referred to the Committee on Local Affairs. HB 450. By Mr. Lee of the 79th: 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 Dougherty, so as to authorize the governing authority of Dougherty County to enter into certain agreements with the City of Albany; and for other purposes. Referred to the Committee on Local Affairs. HB 451. By Messrs. Thompson and Shields of the lllth, Pickard, Jones and Buck of the 112th, Thompson and Berry of the 110th: A Bill to be entitled an Act to amend an Act approved July 25, 1927, abolishing the Offices of Tax Receiver and Tax Collector of Muscogee County, so as to change the salary of County Tax Commissioner therein specified; and for other purposes. Referred to the Committee on Local Affairs. HB 452. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to create the Carroll County Water Authority and to authorize such authority to acquire, construct, operate and main tain self-liquidating projects embracing sources of water supply and the 676 JOURNAL OF THE HOUSE, distribution and sale of water and related facilities to individuals, private concerns and municipal corporations; and for other purposes. Referred to the Committee on Local Affairs. HB 453. By Messrs. Lambros of the 130th, Carnes of the 129th, Cox of the 127th, Grier of the 132nd, Palmer and Vaughn of the 117th and others: A Bill to be entitled an Act to provide that the school boards of any school districts that maintain a recognized public school may establish and maintain special educational facilities; and for other purposes. Referred to the Committee on Education. HR 156-453. By Messrs. Murphy of the 26th, Irvin of the llth and Caldwell of the 51st: A Resolution proposing an amendment to the Constitution, so as to increase the homestead exemption for certain persons who are injured in the line of duty to the extent that they are totally and permanently or partially and permanently disabled; and for other purposes. Referred to the Committee on State of Republic. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 413. By Messrs. Lane of the 126th, Dillon of the 128th, Cook of the 123rd, Hood of the 124th, Gates of the 123rd and others: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point in Fulton County relating to the Mayor; and for other Purposes. HB 414. By Messrs. Davis of the 119th, Smith and Palmer of the 117th, Snow of the 1st, Carnes of the 129th and others: A Bill to be entitled an Act to provide no elected county or municipal official shall be qualified to serve as a member of the General Assembly of the State of Georgia; and for other purposes. HB 415. By Mr. Dorminy of the 72nd: A Bill to be entitled an Act to amend an Act revising the charter for the City of Fitzgerald; and for other purposes. HB 416. By Messrs. Clarke of the 45th and Tucker of the 36th: A Bill to be entitled an Act to amend Code Section 83-101, relating to the power of ordinaries to grant certain private ways, so as to authorize FRIDAY, FEBRUARY 24, 1967 677 ordinaries to grant private ways to individuals for the purpose of going to and from their property and places of residence; and for other purposes. HB 417. By Mr. Cooper of the 16th: A Bill to be entitled an Act to abolish the present mode of compensating the Solicitor General of the Northwestern Judicial Circuit known as the fee system; and for other purposes. HB 418. By Mr. Hale of the 1st: A Bill to be entitled an Act to amend an Act entitled "Revenue Bond Law", so as to change the maximum maturity date of such revenue bonds; and for other purposes. HR 146-418. By Messrs. Hale, Snow and Crowe of the 1st: A Resolution proposing an amendment to the Constitution so as to create the Bade County Industrial Development Authority; and for other purposes. HB 419. By Messrs. Farrar and Walling of the 118th and Lane of the 64th: A Bill to be entitled an Act to provide for the safety of life, limb, and property, and to formulate, promulgate and enforce rules and regulations for the safe construction, installation, inspection, operation, maintenance and repair of boilers and unfired pressure vessels by the Inspection Division of the Department of Labor; and for other purposes. HB 420. By Messrs. Lambros of the 130th, Hood of the 124th, Rainey of the 69th, Cox of the 127th and Gates of the 123rd: 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 vehicle; and for other purposes. HB 421. By Messrs. Bennett of the 95th and Bostick of the 93rd: A Bill to be entitled an Act to provide that motor vehicles shall be taxed in the same manner as all other tangible property owned in this State; and for other purposes. HR 147-421. By Mr. Parker of the 55th: A Resolution compensating Mrs. Marjorie K. Knight, and for other purposes. 678 JOURNAL OF THE HOUSE, HB 422. By Messrs. Northcutt, Gary and Lee of the 35th: A Bill to be entitled an Act to add one additional judge of the Superior Court for the Clayton Judicial Circuit so as to provide for two judges in said court; and for other purposes. HR 148-422. By Mr. Simmons of the 9th: A Resolution proposing an amendment to the Constitution so as to create the Gilmer County Industrial Development Authority; and for other purposes. HB 423. By Mr. Rowland of the 48th: A Bill to be entitled an Act 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 pro curement of lands and buildings, furniture and equipment therefor; and for other purposes. HR 149-423. By Mr. Simmons of the 9th: A Resolution authorizing the conveyance of a certain tract of stateowned property to Pickens County; and for other purposes. Mr. Pickard of the 112th, Chairman of the Committee on Industry, submitted the following report: Mr. Speaker: Your Committee on Industry 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 341. Do Pass, HB 337. Do Pass. HR 44-131. Do Pass. Respectfully submitted, Pickard of the 112th, Chairman. Mr. Conner of the 91st, Chairman of the Committee on Insurance, submitted the following report: FRIDAY, FEBRUARY 24, 1967 679 Mr. Speaker: Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 295. Do Pass by Substitute. Respectfully submitted, Conner of the 91st, Chairman. Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs, sub mitted the following report: Mr. Speaker: Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 103. Do Pass. HB 332. Do Pass. HB 333. Do Pass by substitute. HB 344. Do Pass. HB 375. Do Pass. HB 377. Do Pass. HB 378. Do Pass. HB 379. Do Pass. HB 404. Do Pass. HR 143-409. Do Pass. HR 146-418. Do Pass. HR 148-422. Do Pass. Respectfully submitted, Clarke of the 45th, Chairman. Mr. Williams of the 16th, Chairman of the Committee on Motor Vehicles, submitted the following report: 680 Mr. Speaker: JOURNAL OF THE HOUSE, Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 296. Do Pass. Respectfully submitted, Williams of the 16th, Chairman. Mr. Chandler of the 47th, Chairman of the Committee on State Institution and Property, submitted the following report: Mr. Speaker: Your Committee on State Institution and Property has had under considera tion the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations: HR 84-209. Do Pass. HR 129-320. Do Pass. Respectfully submitted, Colwell of the 5th, Secretary. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has adopted the following resolution of the House, to-wit: HR 150. By Messrs. Mauldin of the 18th and Matthews of the 94th: A Resolution commemorating vocational education in Georgia, and the Fiftieth Anniversary of the Smith-Hughes Vocational Education Act; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit: FRIDAY, FEBRUARY 24, 1967 681 SB 9. By Senator Minish of the 48th: A Bill to be entitled an Act to amend Code Chapter 84-11, as amended, so as to provide that the testimony and reports of any optometrist licensed to practice in the State of Georgia shall be received by the state and any political subdivision thereof; and for other purposes. SB 76. By Senators Searcey of the 2nd, Moore of the 31st, Kennedy of the 4th and others: A Bill to be entitled an Act to amend an Act entitled the "Georgia Election Code", approved June 24, 1964, as amended, so as to provide that any person qualifying as a candidate for public office by nomination petition shall be required to pay the cost incurred by the Secretary of State or Ordinary in examining such petition; and for other purposes. SB 85. By Senators Johnson of the 42nd and Coggin of the 35th: A Bill to be entitled an Act to enact the Highway and Traffic Safety Coordination Act of 1967; and for other purposes. SB 103. By Senator Holley of the 22nd: A Bill to be entitled an Act to amend the Uniform Act Regulating Traffic on Highways, approved January 11, 1954, so as to provide for an exception to driving on the right side of the roadway; to provide for lane control devices; and for other purposes. By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 202. By Messrs. Lovell of the 6th, Moore of the 12th, Irvin of the llth and Colwell of the 5th: A Bill to be entitled an Act to amend an Act creating the Mountain Judicial Circuit, so as to change the terms of court for said counties comprising said circuit; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. 682 JOURNAL OF THE HOUSE, HB 312. By Mr. Edwards of the 57th: A Bill to be entitled an Act creating a small claims court in each county in this state having a population of not less than 8,250 and not more than 8,350; to provide an effective date; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 326. By Messrs. Howard and McDaniell of the 101st, Henderson and Wilson of the 102nd: A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs, so as to change the corporate limits; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 332. By Messrs. Moore and Dean of the 20th: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Polk County, so as to provide that the Tax Commis sioner of Polk County submit an annual budget to the Board of Com. missioners of Roads and Revenues for approval; 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 109, nays 0. FRIDAY, FEBRUARY 24, 1967 683 The Bill, having received the requisite constitutional majority, was passed. HB 344. By Messrs. Bowen and Eainey of the 69th: A Bill to be entitled an Act to amend an Act found in Georgia Laws, 1915, published by authority, at pages 899 to 941, inclusively, as amended, so as to extend the corporate limits of the City of Vienna; 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 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 371. By Messrs. Bennett, Sullivan and Barfield of the 95th: A Bill to be entitled an Act to amend an Act creating the City Court of Valdosta, so as to change the name of said court; to change the manner and method of selecting the judge and solicitor of said court; to provide the procedure connected therewith; 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 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 375. By Messrs. Harris and Vaughan of the 14th: A Bill to be entitled an Act to change from the fee to the salary system in Bartow County the sheriff, the clerk of the superior court and the ordinary of such county, so as to change the compensation of the ordinary; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 684 JOURNAL OF THE HOUSE, On the passage of the Bill, the ayes were 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 377. By Messrs. Harris and Vaughan of the 14th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Bartow County, as amended, 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 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 378. By Messrs. Harris and Vaughan of the 14th: A Bill to be entitled an Act to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis so as to change the compensation of the sheriff, his deputies, and other 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 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 379. By Messrs. Harris and Vaughan of the 14th: A Bill to be entitled an Act to amend an Act to consolidate the offices of tax receiver and tax collector of Bartow County into the office of tax commissioner, so as to change the compensation of the tax commissioner and the deputy tax commissioner; and for other purposes. FRIDAY, FEBRUARY 24, 1967 685 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 384. By Messrs. Lane of the 126th, Winkles of the 120th, Hill of the 121st, Hood of the 124th, Cook of the 123rd and Dillon of the 128th: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point in Fulton County, so as to create a Local Advisory Board; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 388. By Messrs. Cole, Smith and Leonard of the 3rd: A Bill to be entitled an Act to amend an Act amending the various Acts incorporating the City of Dalton, as amended, so as to authorize the mayor and council of the City of Dalton to designate the county registrar and others in the employ of the registrar to receive city voter registra tions; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 389. By Mr. Leggett of the 21st: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Paulding County, so as to pro- 686 JOURNAL OF THE HOUSE, vide certain minimum compensation for the employees of said county; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 390. By Mr. Leggett of the 21st: A Bill to be entitled an Act to amend an Act amending and superseding the several Acts incorporating the Town of Hiram, so as to authorize the mayor and council to appoint a recorder and preside over the Recorder's Court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 399. By Messrs. Dodson of the 107th, Ragland, Knapp and Wilson of the 109th and Miller of the 108th: A Bill to be entitled an Act to amend an Act re-enacting the charter of the City of Macon, so as to repeal Section 72-A of the said charter added by the said Act of 1965 relating to the powers of the City of Macon with respect to streets; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. FRIDAY, FEBRUARY 24, 1967 687 HB 407. By Messrs. Dean and Moore of the 20th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues in and for the County of Polk, as amended, so as to provide a veto power for the chairman of the Board of Commissioners of Roads and Revenues; to provide the method of exercising and overruling of same; 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 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 333. By Messrs. Miller of the 108th, Wilson, Ragland and Laite of the 109th: A Bill to be entitled an Act to amend an Act reinstating the charter of the City of Macon, so as to provide maximum working hours for firemen employed by the City of Macon; and for other purposes. The following Committee substitute was read and adopted: A BILL To be entitled an Act to amend an Act reinstating the charter of the City of Macon, approved August 3, 1927 (Ga. Laws 1927, p. 1283), as amended, particularly by an Act approved July 27, 1929 (Ga. Laws 1929, p. 1179), and an Act approved March 23, 1937 (Ga. Laws 1937, p. 1979), so as to provide maximum working hours for firemen employed by the City of Macon; to provide for procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reinstating the charter of the City of Macon, approved August 3, 1927 (Ga. Laws 1927, p. 1283), as amended, particu larly by an Act approved July 27, 1929 (Ga. Laws 1929, p. 1179), and an Act approved March 23, 1937 (Ga. Laws 1937, p. 1979), is hereby amended by striking Rule 17 of Section 58 in its entirety and substituting in lieu thereof a new Rule 17 to read as follows: "Rule 17. The hours of employment of those members of the fire department who receive regular salaries and devote their entire 688 JOURNAL OF THE HOUSE, time to the department shall be regulated as follows: All full-time firemen employed by the City of Macon shall not be on duty more than an average of sixty (60) hours per week in any six weeks cycle except in times of emergency. The officer, board, or official having charge or control of the Fire Department of the City of Macon shall be allowed to summon and keep on duty as many fire men as shall be necessary to cope with the emergency and this determination shall be within the sole discretion of such officer, board, or official; but any fireman so summoned shall receive within the next twelve (12) months thereafter a number of hours free from actual duty equal to the number of hours in excess of sixty (60) hours per week served by the firemen during the emergency, and this number of free hours shall be added to and averaged into the six weeks cycle in determining the fireman's average sixty (60) hours per week work cycle." Section 2. This Act shall become effective on January 1, 1968. 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 Committee substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 109, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 47. By Senators Hensley of the 33rd and Chapman of the 32nd: A Bill to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, so as to change the compensation of the Authority members; to require that contractors who are awarded con tracts by the Authority shall give bond in an amount equal to the amount of the bid; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. FRIDAY, FEBRUARY 24, 1967 689 By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees: SB 1. By Senators Wesberry of the 37th, Rowan of the 8th, Adams of the 26th 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. SB 16. By Senators Johnson of the 42nd and Smalley of the 28th: A Bill to be entitled an Act to amend Code Chapter 9-4 relating to the definition and regulation of the practice of law, so as to prescribe con ditions under which third-year law students may render legal services to indigent persons as if admitted and licensed to practice law in this State; and for other purposes. Referred to the Committee on Special Judiciary. SB 17. By Senators Johnson of the 42nd and Smalley of the 28th: A Bill to be entitled an Act to provide for a system of officially desig nated Georgia Government Documents in order to obtain maximum efficiency in the distribution and preservation of government documents; and for other purposes. Referred to the Committee on Rules. SB 23. By Senator Carter of the 14th: A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities, so as to extend the purpose for which funds may be expended in certain municipalities; and for other purposes. Referred to the Committee on Appropriations. SB 53. By Senators Johnson of the 38th and Coggin of the 35th: A Bill to be entitled an Act to provide for a guardian, the authority to employ competent legal counsel for the ward he represents; and for other purposes. Referred to the Committee on Judiciary. SB 58. By Senator Smalley of the 28th: A Bill to be entitled an Act to amend Section 113-104 of the Code of Georgia so as to add the requirements that mutual wills, other than 690 JOURNAL OF THE HOUSE, mutual wills based on express contract, must contain an express state ment that such wills are mutual wills; and for other purposes. Referred to the Committee on Special Judiciary. SB 59. By Senator Smalley of the 28th: A Bill to be entitled an Act to provide for the disposition by an Executor of income received during the period of administration from property which is used to pay debts, taxes, expenses of administration, general legacies, and other corpur charges; and for other purposes. Referred to the Committee on Special Judiciary. SB 60. By Senator Andrews of the 49th: A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Northeastern Judicial Circuit in lieu of certain fees, so as to increase the salary of said reporter; and for other purposes. Referred to the Committee on Special Judiciary. SB 65. By Senator Bateman of the 27th: A Bill to be entitled an Act to amend Code Section 74-9902, relating to abandonment of children and the penalties therefor; and for other purposes. Referred to the Committee on Special Judiciary. SB 70. By Senator Moore of the 31st: A Bill to be entitled an Act to create the Polk County Water Authority and to authorize such Authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water; and for other purposes. Referred to the Committee on Local Affairs. SB 72. By Senator Smalley of the 28th: A Bill to be entitled an Act to amend Code Section 24-3501 relating to the Court of Appeals, so as to remove the requirement that all criminal cases shall be assigned to one division; and for other purposes. Referred to the Committee on Special Judiciary. SB 73. By Senators Kidd of the 25th, Stephens of the 36th, and Fincher of the 51st: A Bill to be entitled an Act to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from FRIDAY, FEBRUARY 24, 1967 691 public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes. Referred to the Committee on Industry. SB 75. By Senators Conway of the 41st, Adams of the 5th and Gardner of the 1st: A Bill to be entitled an Act to create the Ocean Science Center of the Atlantic Authority; and for other purposes. Referred to the Committee on Rules. SB 81. By Senator Abney of the 53rd: A Bill to be entitled an Act to amend an Act creating the City Court of Walker County, so as to change the expense allowance of the solicitor of said court; and for other purposes. Referred to the Committee on Local Affairs. SB 82. By Senator Abney of the 53rd: A Bill to be entitled an Act to amend an Act providing certain minimum standards prerequisite to the original incorporation of a municipality, so as to provide that no new municipality shall be created if any part of the boundary thereof shall be less than 3 miles distant from the boundary of any existing municipality in the State of Georgia; and for other purposes. Referred to the Committee on Local Affairs. SB 84. By Senator Andrews of the 49th: 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 Special Judiciary. The following Resolution of the House was read and adopted: HR 157. By Mr. Dickinson of the 27th: A RESOLUTION Commending Bill Anderson; and for other purposes. WHEREAS, Country Music is now enjoying unprecedented popu larity and tells the history of our changing times and is the folk music of our great nation; and 692 JOURNAL OF THE HOUSE, WHEREAS, no one individual has contributed more to its success than Bill Anderson, a native Georgian; and WHEREAS, Bill Anderson graduated with distinction from the University of Georgia and is held in such high esteem by that institu tion that a special section of the Ha Dunlap Little Library has a display filled with momentoes and awards marking milestones in his fast rising career; and WHEREAS, Bill Anderson began his career in 1956 and 1959 in Athens and Commerce, and immortalized the City of Commerce in song while living there when he wrote "City Lights" with recordings of this song selling far over the million mark; and WHEREAS, in 1961, Bill Anderson became a regular member of the world famous Grand Ole Opry, Decca Recording Artist and is the star of his own syndicated weekly television show throughout the United States and Canada and of motion pictures; and WHEREAS, in 1963 Bill Anderson was named not only America's Number One Male Vocalist but also America's Number One Songwriter, attesting to his talent and versatility; and WHEREAS, in 1964 Bill Anderson was again named this Country's Number One Songwriter and in 1965 was voted one of the three top Country Music Songwriters of all time; and WHEREAS, he has been honored as the 1967 Country Music Star of the Year. NOW, THEREFORE, BE IT RESOLVED by the House of Repre sentatives that this body does hereby extend highest commendation to the Honorable Bill Anderson for his unique talents and impressive achievements for the honors and recognition brought his native State, and its sincerest congratulations and appreciation are hereby extended, and best wishes are hereby offered for a happy and successful future. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the Honorable Bill Anderson. The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto: HB 167. By Mr. Otwell of the 10th: A Bill to be entitled an Act to reincorporate the City of Dawsonville in the County of Dawson and to grant a new charter to said City; and for other purposes. FRIDAY, FEBRUARY 24, 1967 693 The following Senate amendments were read: The County and Municipal Governments Committee offers the following amendment to Georgia House Bill 167, Section 1.03 (h) by putting a period after the word "services" in the first sentence and deleting the words "not to exceed periods of twenty years." The County and Municipal Governments Committee offers the following amendment to House Bill 167, Section 1.03 (h) by changing the period at the end thereof to a semicolon and adding the following: "Provided, however, nothing in this subsection shall be construed to apply to public utility companies regulated by the Public Service Com mission." The County and Municipal Governments Committee offers the following amendment to Georgia House Bill 167, Section 1.03 (i), by striking after the phrase "in so far as not in conflict with" the word "such" and adding in lieu thereof the phrase "the general law pertaining to the" and by adding after the word "regulation" the phrase "of public utilities" so that the Subsection will read: "(i) To regulate the rates and services of public utilities in so far as not in conflict with the general law pertaining to the regulation of public utilities by the Georgia Public Service Commission or other similar slate or Federal agency having jurisdiction in such matters." Mr. Otwell moved that the House agree to the Senate amendments. On the motion to agree, the ayes were 103, nays 0. The motion prevailed and the Senate amendments to HB 167 were agreed to. HB 207. By Mr. Crowe of the 80th: A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Worth County, known as the fee system; and for other purposes. The following Senate amendment was read: 694 JOURNAL OF THE HOUSE, The County and Municipal Governments Committee offers the following amendment to House Bill No. 207 by striking Section 4 in its entirely and insert ing in lieu thereof a new Section 4 to read as follows: "Section 4. The ordinary of Worth County is hereby authorized to appoint one full-time deputy to assist him in the performance of the duties of his office. The annual salary of the deputy of the ordinary shall be fixed by the governing authority of Worth County at its first regular meeting in January of each year. Said deputy shall be paid in equal monthly installments from the funds of Worth County. The ordi nary, during his term of office, shall have the authority to designate and name the person who shall be employed as such deputy, and to prescribe his duties and assignments. The ordinary may remove such deputy at any time with or without cause." Mr. Crowe of the 80th moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 103, nays 0. Th motion prevailed, and the Senate amendment to HB 207 was agreed to. HB 208. By Mr. Crowe of the 80th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Worth County, known as the fee system, and for other purposes. The following Senate amendment was read: The County and Municipal Governments Committee offers the following amendment to No. 208 by striking Section 4 in its entirely and inserting in lieu thereof a new Section 4 to read as follows: "Section 4. The Clerk of the Superior Court is hereby authorized to appoint two full-time deputies to assist him in the performance of the duties of his office. The annual salary of each deputy of the Clerk of the Superior Court shall be fixed by the governing authority of Worth County at its first regular meeting in January of each year. Said deputies shall be paid in equal monthly installments from the funds of Worth County. The Clerk of the Superior Court, during his term of office, shall have the authority to designate and name the persons who shall be employed as such deputies, and to prescrible their duties and assignments. The Clerk of the Superior Court may remove any such deputy at any time with or without cause." FRIDAY, FEBRUARY 24, 1967 695 Mr. Crowe of the 80th moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 103, nays 0. The motion prevailed, and the Senate amendment to HB 208 was agreed to. 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 115-294. By Messrs. Starnes, Minge and Lowrey of the 13th: A Resolution authorizing the granting of an easement across, through and over certain real property located in Floyd County, Georgia; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 107, nays 0. The Resolution, having received the requisite constitutional majority, was agreed to. HR 117-294. By Mr. Collins of the 62nd: A Resolution relative to granting an easement to the Southern Bell Telephone and Telegraph Company; and for other purposes. The following Committee amendments were read and adopted: The Committee on State Institutions and Property moves to. Amend Georgia House Resolution 117-294 by deleting in its entirety paragraph number (c) and re-lettering the remaining paragraphs. Committee on State Institutions and Property moves to. 696 JOURNAL OF THE HOUSE, Amend Georgia House Resolution 117-294 by changing the comma to a semi-colon following the word "contractors" in paragraph number 6 and deleting the remaining portion of the sentence so that said para graph, as amended, will read as follows: "WHEREAS, the underground construction would be performed in such manner so that the sidewalks and streets would be replaced in the same condition as existed immediately prior to said construc tainodn"and said construction would be done by experienced contractors; 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 107, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. HB 320. By Messrs. Chandler and Harrington of the 47th: A Bill to be entitled an Act to authorize and empower the State Depart ment of Family and Children Services to reimburse Baldwin County 100% of the administrative expenses incurred by employees of the Baldwin County Department of Family and Children Services assigned full-time to Milledgeville State Hospital; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 114, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 178. By Messrs. Chandler and Harrington of the 47th: A Bill to be entitled an Act to change the name of the "Milledgeville State Hospital" to "Central State Hospital"; to provide for the proce dure connected therewith; 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. FRIDAY, FEBRUARY 24, 1967 697 On the passage of the Bill, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 233. By Messrs. Melton of the 34th, Peterson of the 59th, Tucker of the 36th, Carnes of the 129th and others: A Bill to be entitled an Act to amend an Act providing for the class ification of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes, so as to provide that motor vehicles which are purchased from a manufacturer, for the purposes of said Act, shall not be deemed to be owned until the motor vehicle is delivered to the purchaser; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 104, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 138-390. By Messrs. Newton and Lewis of the 50th: A Resolution authorizing the grant of an easement and tranfer of cer tain real property located in Jenkins County, Georgia; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 107, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 197. By Messrs. Roach of the 15th and Otwell of the 10th: A Bill to be entitled an Act to provide for one additional Judge of the Superior Court of the Blue Ridge Judicial Circuit; and for other pur poses. 698 JOURNAL OP THE HOUSE, The following amendment, offered by Messrs. Roach of the 15th and Otwell of the 10th, was read and adopted: Mr. Roach of the 15th and Otwell of the 10th moves to amend House Bill 197 as follows: By striking from the title of said Act the word "election" and inserting in lieu thereof the following: "Initial appoinment and subsequent election" By striking in its entirety Section 2. of said Act and inserting in lieu thereof a new Section 2. to read as follows: "Section 2. The additional Judge of the Superior Court for the Blue Ridge Judicial Circuit shall be initially appointed by the Governor immediately after the approval of this Act for a term ending December 31, 1968, and until his successor is elected and qualified. Thereafter beginning with the general election to be held in 1968 the additional Judge shall be elected for a term of four (4) years, and until his successor is elected and qualified, and such election shall be held and conducted in the same manner as is now or may hereafter be provided by law for the election of Judges of the Superior Courts of the State of Georgia." By striking from Section 4. the words "in all further elections" and inserting in lieu thereof the words "beginning with the election to be held in 1968 and all subsequent elections." 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 345. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "State Hospital Authority Act", as amended, so as to increase the amount of FRIDAY, FEBRUARY 24, 1967 699 bonds which the State Hospital Authority may issue; to repeal conflict ing 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 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 346. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "State Office Building Authority Act", approved February 21, 1951, as amended, so as to change the membership comprising the Authority; to change the name of the Authority; to repeal conflicting laws; 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 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 347. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "State Hospital Authority Act", approved February 1, 1939, as amended, so as to change the name of the Authority; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed. 700 JOUENAL OF THE HOUSE, HB 348. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as "An Act to Create the State Hospital Authority", as amended, so as to change the member ship comprising the Authority; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 349. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "State Penal end Rehabiliation Authority Act," as amended, so as to change the name of the Authority; to change the membership comprising the Authority; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 108, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 350. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "Georgia Farmers Market Authority Act", as amended, so as to change the name of the Authority; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 106, nays 0. FRIDAY, FEBRUARY 24, 1967 701 The Bill, having received the requisite constitutional majority, was passed. HB 351. Ey Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "University System Building Authority Act," approved February 25, 1959, as amend ed, so as to change the name of the Authority; to preserve the identity of the Authority; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 352. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "State School Building Authority Act", as amended, so as to change the name of the Authority; to preserve the identity of the Authority; to authorize the use of services of the Georgia Building Authority; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 355. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th: A Bill to be entitled an Act to amend an Act known as the "Georgia Ports Authority Act", as amended, so as to authorize the use of services of the Georgia Building Authority; to repeal conflicting laws; and for other purposes. 702 JOURNAL OP THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 118, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 115. By Mr. Brantley of the 63rd: 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 leave expenses not otherwise provided in said Act; and for other purposes. The following Committee amendment was read and adopted: The House Committee on Education moves to amend H. B. No. 115 as follows: By striking, from the new phrase for Section 13 which reads as follows: "not less than $1,050 per State-allotted teacher for the 1967-68 school year", the figures "1967-68" and inserting in lieu thereof the figures "1968-69" wherever such phrase appears. 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 1. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 116. By Messrs. Brantley of the 63rd, Nessmith of the 64th, Johnson of the 40th, Lane of the 64th, Rush of the 75th and others: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the participation by the State government and local govern ments in the cost of the minimum foundation program; and for other purposes. FRIDAY, FEBRUARY 24, 1967 703 The following Committee substitute was read and adopted: A BILL To be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended so as to change the provisions re lating to the participation by the State Government and local govern ments in the cost of the minimum foundation program; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA: SECTION 1 An Act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, is hereby amended by striking from Section 22 (B) (2) the following: ", provided, however, that the share of the estimated cost of the State-wide minimum foundation program to be paid by local funds shall thereafter be increased at the beginning of each subsequent fiscal school year by one percentage point per year for four years, so that commencing with the 1969-70 fiscal school year the State-wide cost of the minimum founda tion program shall be shared on the of basis of eighty percent (80%) State funds and twenty percent (20%) local funds.", and inserting in lieu thereof the following: ", provided, however, that the share of the estimated cost of the State-wide minimum foundation program to be paid by local funds, currently seventeen percent (17%), shall, com mencing with the 1967-68 fiscal school year beginning on July 1, 1967, be increased at the beginning of each fiscal school year by one-half (%) percentage point per year for six years so that commencing with the 1972-73 fiscal school year the State wide cost of the minimum foundation program shall be shared on the basis of eighty percent (80%) State funds and twenty percent (20%) local funds.", so that when so amended Section 22 (B) (2) shall read as follows: "(2) The State Board of Education shall determine the portion of the estimated cost of the State-wide minimum foundation program to be paid by local funds by multiplying the estimated cost of the State-wide minimum foundation pro gram for the school year by the percentage share of the cost of such State-wide program to be paid by local funds on a State wide basis, provided, however, that the share of the estimated cost of the State-wide minimum foundation program to be paid by local funds, currently seventeen (17%) percent, shall, com- 704 JOURNAL OF THE HOUSE, mencing with the 1967-68 fiscal school year beginning on July 1, 1967, be increased at the beginning of each fiscal school year by one-half (%) percentage point per year for six years so that commencing with the 1972-73 fiscal school year the State wide cost of the minimum foundation program shall be shared on the basis of eighty percent (80%) State funds and twenty percent (20%) local funds." All laws and parts of laws in conflict with this Act are hereby re pealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by Substitute, the ayes were 111, nays 5. The Bill, having received the requisite constitutional majority, was passed, by substitute. Under the general order of business, the following Bill of the House was again taken up for consideration: HB 89. By Messrs. Gignilliat and Berry of the 113th, Tye and Whaley of the 115th, Smith and Gaynor of the 114th and Richardson of the 116th: A Bill to be entitled an Act to provide for alternative times for making tax returns; and for other purposes. The following substitute, offered by Messrs. Gignilliat and Berry of the 113th, Tye and Whaley of the 115th, Smith and Gaynor of the 114th and Rich ardson of the 116th was read and adopted: A BILL To be entitled an Act to provide for alternative times for making tax returns in all counties of this State having a popu lation of not less than 170,000 nor more than 200,000, according to the United States Decennial Census of 1960 or any future such census, which are authorized by law or constitutional amendment to operate a joint tax receiving or tax assessing program with any other political subdivision, to provide for the method of setting up said alternative period; to repeal con flicting laws; and for other purposes. FRIDAY, FEBRUARY 24, 1967 705 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Any county of this State having a population of not less than 170,000 nor more than 200,000, according to the United States Decennial Census of 1960 or any future such census, which is authorized by law or constitutional amendment to operate a joint tax receiving or tax assessing program with any other political subdivision, may, by resolution of the govern ing authority of any such county, close the tax receiver's books for the return of taxes from property owners at a time prior to March 31 of each year but not sooner than January 31 of each year. Section 2. Said date of closing is to be established each year, by resolution of any such governing authority, not later than January 10 of said year. 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 ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Mr. Busbee of the 79th 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. 706 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia. Monday, February 27, 1967. 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. Dewey L. Norton, Pastor First Baptist Church, Jessup, Georgia. By unanimous consent, the call of the roll was dispensed with. Mr. Rowland of the 48th, Acting 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. 6. 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, FEBRUARY 27, 1967 707 Monday, February 27, 1967, and submits the following: HB 21. Divorce, custody of children HB 35. Notices, certified mail HB 57. Motor Vehicle license plates, decals (postponed) HB 67. Property tax, certain classes HB 112. Air Quality Control, provide for HB 132. Georgia Military Forces, salary HB 138. Speed detection, use of municipalities (reconsidered) HB 154. Sanity of a person, restoration HB 214. Special Master Procedure, eminent domain HB 231. General Assembly, allowances HB 247. Inciting to riot, define HB 292. Ocmulgee Circuit, additional judge HB 296. Identification numbers, motor vehicles HB 307. Jurors, Choosing Grand or Traverse HB 311. Interstate Compact on Juveniles HR 129-320. Convey land, Ben Hill County The Speaker shall have the right to call the above Bills and Resolution 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 454. By Messrs. DeLong and Sherman of the 105th, Fleming and Maxwell of the 106th, Dent and Cheeks of the 104th: A Bill to be entitled an Act to amend the Charter of the City of Augusta, so as to provide that vote recorders as authorized for use by the Georgia General Election Code may be used in all elections of the City of Augusta; and for other purposes. Referred to the Committee on Local Affairs. 708 JOURNAL OF THE HOUSE, HB 455. By Messrs. DeLong and Sherman of the 105th, Fleming and Maxwell of the 106th, Dent and Cheeks of the 104th: A Bill to be entitled an Act to provide that in all counties of this State having a population of not less than 125,000 nor more than 140,000, the governing authorities of such counties shall provide a dump for the deposit of trash and refuse for the citizens of said county; and for other purposes. Referred to the Committee on Local Affairs. HB 456. By Messrs. Harrington and Chandler of the 47th: A Bill to be entitled an Act to provide that in the event a salary adjustment applicable to all Merit System employees of a depart ment of state government is approved by the State Personnel Board, and by the State Budget Bureau, then no Merit System employee may receive such an adjustment unless all other Merit System employees of that department receive the adjustment; and for other purposes. Referred to the Committee on Industry. HB 457. By Messrs. Wood, Williams and Cooper 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 provide for a runoff election in the event a tie vote between or among candidates, or in the event no candidate receives a majority of the votes cast; and for other purposes. Referred to the Committee on Local Affairs. HB 458. By Mr. Wells of the 30th: A Bill to be entitled an Act to amend an Act incorporating the City of Crawford, so as to change the corporate limits of said municipality by incorporating additional land therein; and for other purposes. Referred to the Committee on Local Affairs. HB 459. By Mr. Dodson of the 107th: A Bill to be entitled an Act to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for an exemption of the tax on equipment and apparatus, and materials used in the construction thereof, whether constructed or assembled at the site of use or not, used directly in the manufacture of tangible personal property; and for other purposes. Referred to the Committee on Ways and Means. HB 460. By Mr. Ross of the 31st: A Bill to be entitled an Act to amend an Act establishing a board of commissioners of roads and revenues of Wilkes County, so as MONDAY, FEBRUARY 27, 1967 709 to provide for staggered terms for the commissioners of roads and revenues; and for other purposes. Referred to the Committee on Local Affairs. HB 461. By Mr. Ross of the 31st: A Bill to be entitled an Act to amend an Act placing the sheriff, ordinary and clerk of the superior court of Wilkes County on an annual salary in lieu of the fee system of compensation, so as to change the compensation received by the sheriff; and for other purposes. Referred to the Committee on Local Affairs. HB 462. 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 revenues for Lincoln County, so as to change the compensation of the chairman of the board; and for other purposes. Referred to the Committee on Local Affairs. HB 463. By Mr. Dodson of the 107th: A Bill to be entitled an Act to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for optional payment of sales and use tax imposed upon lessees of tangible personal property by permitting a lump sum payment of such tax at the inception of a lease based upon the fair market value of the tangible property leased; and for other purposes. Referred to the Committee on Ways and Means. HB 464. By Messrs. Mason and Nash of the 22nd: A Bill to be entitled an Act to authorize certain counties in this State to establish and maintain a law library; and for other purposes. Referred to the Committee on Special Judiciary. HB 465. By Messrs. Mason and Nash of the 22nd: A Bill to be entitled an Act to amend the Civil and Criminal Court of Gwinnett County, so as to change the jurisdiction of the Court; and for other purposes. Referred to the Committee on Local Affairs. 710 JOURNAL OP THE HOUSE, HB 466. By Messrs. Mason and Nash of the 22nd: A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit so as to provide for a Court Reporter and a secretary; and for other purposes. Referred to the Committee on Local Affairs. HB 467. By Mr. Savage of the 58th: A Bill to be entitled an Act to abolish the City Court of Ellaville in the County of Sehley; and for other purposes. Referred to the Committee on Local Affairs. HB 468. By Messrs. Clarke of the 45th, Steis of the 100th, Lowrey of the 13th, Smith of the 44th, McClatchey of the 138th, Lee of the 79th, Wilson of the 109th and others: A Bill to be entitled "The Sunday Business Activities Act to prohibit certain business activities on Sunday"; and for other purposes. Referred to the Committee on Special Judiciary. HB 469. By Mr. Farmer of the 29th: A Bill to be entitled an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that the exemp tion of the tax levied by this Act shall not apply to the sale of drugs by prescription or the sale of food for human consumption by grocery stores and similar establishments to ultimate consumers; and for other purposes. Referred to the Committee on Ways and Means. HB 470. By Messrs. Hood of the 124th, Lane of the 126th, Bond of the 136th, Lambros of the 130th, 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 provide for additional members of said authority; and for other purposes. Referred to the Committee on Local Affairs. HB 471. By Mr. Doster of the 73rd: A Bill to be entitled an Act to amend an Act incorporating the City of Scotland, so as to effectuate a change in the date the annual General Election for the City of Scotland is held; and for other purposes. Referred to the Committee on Local Affairs. MONDAY, FEBRUARY 27, 1967 711 HB 472. By Messrs. Murphy of the 26th, Caldwell of the 51st, Irvin of the llth, Brown and Melton, of the 34th and Busbee of the 79th: A Bill to be entitled an Act to amend an Act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials, so as to change the compensation of the State Supervisor of Purchases; and for other purposes. Referred to the Committee on State of Republic. HB 473. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 38th: A Bill to be entitled an Act to provide that the State Highway De partment of Georgia shall be entitled to receive and expend the three percentum non-matching funds from the Federal Government, pursuant to the provisions of Title 23, United States Code; to declare legislative intent; and for other purposes. Referred to the Committee on Highways. HB 474. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 38th: A Bill to be entitled an Act to provide for the control of outdoor advertising adjacent to any State-aid road which also is a part of the Interstate and Primary Systems of Highways, and for the administration of such controls; and for other purposes. Referred to the Committee on Highways. HB 475. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 38th: A Bill to be entitled an Act to regulate and control junk yards along highways, to provide for the purposes of this Act; and for other purposes. Referred to the Committee on Highways. HB 476. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 38th: A Bill to be entitled an Act to amend the "Exemptions From Taxation" Act, so as to include within the property which shall be exempt from taxation property which is used in or a part of any facility which has been installed or constructed for the primary purpose of reducing air and water pollution; and for other purposes. Referred to the Committee on Ways and Means. 712 JOURNAL OF THE HOUSE, HB 477. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 38th: A Bill to be entitled an Act to amend to Act simplifying the operations of the Executive Branch of the State Government, so as to provide the Joint-Secretary shall schedule the time and place for all hearings; to provide that all orders and processes of the several examining boards shall be signed and attested by the Joint-Secretary; and for other purposes. Referred to the Committee on Rules. HB 478. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 38th: 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 include from the terms "Retail sales" and "sale at retail' tangible personal property which is used in or is a part of any facility which has been installed or constructed for the primary purpose of reducing air and water pollution; and for other purposes. Referred to the Committee on Ways and Means. HR 158-478. By Mr. Cato of the 89th: A Resolution compensating Mr. Leslie Hall; and for other purposes. Referred to the Committee on Appropriations. HR 159-478. By Mr. Dollar of the 89th: A Resolution compensating Mr. C. R. Strickland; and for other purposes. Referred to the Committee on Appropriations. HR 160-478. By Mr. Bowen of the 69th: A Resolution compensating Mr. George M. Causey; and for other purposes. Referred to the Committee on Appropriations. HR 161-478. By Mr. Hill of the 121st: A Resolution compensating Mr. and Mrs. E. R. Smith; and for other purposes. Referred to the Committee on Appropriations. MONDAY, FEBRUARY 27, 1967 713 By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 424. By Mr. Palmer of the 117th: A Bill to be entitled an Act to provide that no person shall operate any vehicle on any public road, street, or highway in this State, while transporting any type of gravel, rock, or such material, which may spill from, or otherwise be dislodged from such vehicle, unless the same is covered or enclosed; and for other purposes. HB 425. By Mr. Dailey of the 66th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Coleman, so as to provide for the manner in which municipal elections of the City of Coleman shall be held and conducted; and for other purposes. HB 426. By Mr. Dailey of the 66th: A Bill to be entitled an Act to amend an Act incorporating the Town of Coleman, so as to change the name of said town from the Town of Coleman to the City of Coleman; and for other purposes. HB 427. By Mr. Lane of the 64th: 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 Barber Certificate of Registration, so as to change the provisions relating to the qualifications for applicants for examination; and for other purposes. HB 428. By Messrs. Matthews of the 94th and Lowrey of the 13th: A Bill to be entitled an Act to repeal an Act entitled "An Act to provide for the licensing and bonding of truck brokers in agricultural products . . . "; and for other purposes. HB 429. By Mr. Matthews of the 94th: A Bill to be entitled an Act to amend an Act entitled the "Georgia Election Code", so as to provide that any person qualifying as a candidate for public office by nomination petition shall be required to pay the cost incurred by the Secretary of State or Ordinary in examining such petition; and for other purposes. HB 430. By Messrs. Matthews of the 94th and Lowrey of the 13th: A Bill to be entitled an Act to establish within the Department of Agriculture a Roadside Market Incentive Program to improve quality 714 JOURNAL OF THE HOUSE, and promote fair and sanitary marketing practices; and for other purposes. HB 431. By Messrs. Matthews of the 94th and Lowrey of the 13th: A Bill to be entitled an Act to require pecan processors and whole salers to secure license from the Department of Agriculture; and for other purposes. HB 432. By Mr. Carnes of the 129th: A Bill to be entitled an Act to provide for interest on unliquidated damages under certain conditions; to provide for notice by the claimant; to provide that evidence or discussion of interest on unliquidated damages shall not be submitted to the jury; and for other purposes. HB 433. By Messrs. Berry and Gignilliat of the 113th, Funk and Battle of the 116th, Gaynor and Smith of the 114th, Tye and Whaley of the 115th: A Bill to be entitled an Act to provide for the procedure relative to leaves of absence for the Chief Judge of the Municipal Court of Savannah; to provide for the appointment of Associate Judges of said court; and for other purposes. HB 434. By Mr. Bostick of the 93rd: A Bill to be entitled an Act to amend an Act placing the Sheriff of Tift County on a salary basis, so as to change the total amount of compensation to be paid deputies, jailers, clerks and assistants and to provide for the replacement of automobiles used by the Sheriff's office; and for other purposes. HB 435. By Messrs. Bennett, Barfield and Sullivan of the 95th: A Bill to be entitled an Act creating a Small Claims Court for Lowndes County; and for other purposes. HB 436. By Messrs. Lane and Nessmith of the 64th: A Bill to be entitled an Act to amend an Act incorporating the town of Portal, so as to provide that the Mayor and Council of the town of Portal shall have power to impose fines not exceeding two hundred dollars in the punishment of offenders against any ordinances, by-laws or regula tions of said town; and for other purposes. HB 437. By Messrs. Irvin of the llth, Murphy of the 26th, Caldwell of the 51st: A Bill to be entitled an Act to amend the Act approved March 15, 1933, so as to provide that the State Department may purchase through the MONDAY, FEBRUARY 27, 1967 715 Supervisor of Purchases for the State passenger-carrying trucks for the use of State Highway Department personnel engaged in the construction and maintenance of roads and bridges in this State; and for other purposes. HB 438. By Mr. Wells of the 30th: A Bill to be entitled an Act to provide for the election of members of the Board of Education of Oglethorpe County; and for other purposes. HB 439. By Messrs. Davis, Westlake and Higginbotham of the 119th, Smith, Malone and Palmer of the 117th and Carnes of the 129th: A Bill to be entitled an Act to repeal Code Section 92-5702 defining "Fair Market Value"; and for other purposes. HB 440. By Messrs. Threadgill and Wiggins of the 32nd: A Bill to be entitled an Act to amend Code Section 92-3211 relating to penalties for late filing of, and failure to file, returns, so as to provide that the penalty for failure to file a timely return shall be based on the tax due at the time such return should have been filed; and for other purposes. HB 441. By Messrs. Threadgill and Wiggins of the 32nd: A Bill to be entitled an Act to provide that it shall be the duty of all sheriffs, chiefs of police, and the heads of any other State law enforce ment agency to obtain the name and address of all persons arrested by law enforcement officers, when such person is charged with an offense against the laws of Georgia; and for other purposes. HB 422. By Mr. Black of the 56th: A Bill to be entitled an Act to amend an Act placing the ordinaries of certain counties on a salary system in lieu of a fee system, so as to provide that such ordinaries shall be authorized to assess certain costs in certain cases; and for other purposes. HB 443. By Mr. Black of the 56th: A Bill to be entitled an Act to provide in the counties of the State having a population of not less than 3,000 nor more than 3,250, that the clerk of the superior court shall attend the trial in the court of ordinary of all cases for violation of all traffic laws in said county; and for other purposes. 716 JOURNAL OF THE HOUSE, HB 444. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend the Code of Georgia of 1933, Section 67-2002 (3) relating to the enforcement of laborer's and materialmen's liens, so as to provide that any lien enforced, against the property so improved shall be brought within twelve months from the time such material, services, labor or supplies were furnished; and for other purposes. HB 445. By Messrs. Murphy of the 26th, Caldwell of the 51st and Irvin of the llth: A Bill to be entitled an Act to amend the Act creating the State High way Board, so as to remove the limitations placed on lease rentals made pursuant to lease contracts; and for other purposes. HB 446. By Messrs. Ware and Mullinax of the 42nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of West Point, so as to authorize the sale of certain property; and for other purposes. HB 447. By Messrs. Murphy of the 26th, Caldwell of the 51st and Irvin 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 registration of vehicles without a certificate of title; and for other purposes. HB 448. By Messrs. Murphy of the 26th, Caldwell of the 51st, and Irvin of the llth: A Bill to be entitled an Act to merge the Georgia Rural Roads Authority into the Georiga State Highway Authority, and to rename said Authority the "Georgia Highway Authority"; and for other purposes. HB 449. By Mr. Lee of the 79th: A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany, so as to authorize the extension of gas services and gas distribution system into certain areas of Lee County; and for other purposes. HB 450. By Mr. Lee of the 79th: 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 Dougherty, so as to authorize the governing authority of Dougherty County to enter into certain agreements with the City of Albany; and for other purposes. MONDAY, FEBRUARY 27, 1967 717 HB 451. By Messrs. Thompson and Shields of the lllth, Pickard, Jones and Buck of the 112th, Thompson and Berry of the 110th: A Bill to be entitled an Act to amend an Act approved July 25, 1927, abolishing the Offices of Tax Receiver and Tax Collector of Muscogee County, so as to change the salary of County Tax Commissioner therein specified; and for other purposes. HB 452. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to create the Carroll County Water Author ity and to authorize such authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to indi viduals, private concerns and municipal corporations; and for other purposes. HB 453. By Messrs. Lambros of the 130th, Games of the 129th, Cox of the 127th, Grier of the 132nd, Palmer and Vaughn of the 117th and others: A Bill to be entitled an Act to provide that the school boards of any school districts that maintain a recognized public school may establish and maintain special educational facilities; and for other purposes. HR 156-453. By Messrs. Murphy of the 26th, Irvin of the llth and Caldwell of the 51st: A Resolution proposing an amendment to the Constitution, so as to increase the homestead exemption for certain persons who are injured in the line of duty to the extent that they are totally and permanently or partially and permanently disabled; and for other purposes. SB 1. By Senators Wesberry of the 37th, Rowan of the 8th, Adams of the 26th 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 other purposes. SB 16. By Senators Johnson of the 42nd and Smalley of the 28th: A Bill to be entitled an Act to amend Code Chapter 9-4 relating to the definition and regulatoin of the practice of law, so as to prescribe condi tions under which third-year law students may render legal services to indigent persons as if admitted and licensed to practice law in this State; and for other purposes. SB 17. By Senators Johnson of the 42nd and Smalley of the 28th: A Bill to be entitled an Act to provide for a system of officially designated Georgia Government Documents in order to obtain maximum 718 JOURNAL OP THE HOUSE, efficiency in the distribution and preservation of government documents; and for other purposes. SB 23. By Senator Carter of the 14th: A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities, so as to extend the purpose for which funds may be expended in certain municipalities; and for other purposes. SB 53. By Senators Johnson of the 38th and Coggin of the 35th: A Bill to be entitled an Act to provide for a guardian the authority to employ competent legal counsel for the ward he represents; and for other purposes. SB 58. By Senator Smalley of the 28th: A Bill to be entitled an Act to amend Section 113-104 of the Code of Georgia so as to add the requirements that mutual wills, other than mutual wills based on express contract, must contain an express state ment that such wills are mutual wills; and for other purposes. SB 59. By Senator Smalley of the 28th: A Bill to be entitled an Act to provide for the disposition by an Executor of income received during the period of administration from property which is used to pay debts, taxes, expenses of administration, general legacies, and other corpur charges; and for other purposes. SB 60. By Senator Andrews of the 49th: A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Northeastern Judicial Circuit in lieu of certain fees, so as to increase the salary of said reporter; and for other purposes. SB 65. By Senator Bateman of the 27th: A Bill to be entitled an Act to amend Code Section 74-9902, relating to abandonment of children and the penalties therefor; and for other purposes. SB 70. By Senator Moore of the 31st: A Bill to be entitled an Act to create the Polk County Water Authority and to authorize such Authority to acquire, construct, operate and main- MONDAY, FEBRUARY 27, 1967 719 tain self-liquidating projects embracing sources of water supply and the distribution and sale of water; and for other purposes. SB 72. By Senator Smalley of the 28th: A Bill to be entitled an Act to amend Code Section 24-3501 relating to the Court of Appeals, so as to remove the requirement that all criminal cases shall be assigned to one division; and for other purposes. SB 73. By Senators Kidd of the 25th, Stephens of the 36th, and Pincher of the 51st: A Bill to be entitled an Act to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes. SB 75. By Senators Conway of the 41st, Adams of the 5th and Gardner of the 1st: A Bill to be entitled an Act to create the Ocean Science Center of the Atlantic Authority; and for other purposes. SB 81. By Senator Abney of the 53rd: A Bill to be entitled an Act to amend an Act creating the City Court of Walker County, so as to change the expense allowances of the solicitor of said court; and for other purposes. SB 82. By Senator Abney of the 53rd: A Bill to be entitled an Act to amend an Act providing certain minimum standards prerequisite to the original incorporation of a municipality, so as to provide that no new municipality shall be created if any part of the boundary thereof shall be less than 3 miles distant from the boundary of any existing municipality in the State of Georgia; and for other purposes. SB 84. By Senator Andrews of the 49th: 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. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: 720 JOURNAL OF THE HOUSE, Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate, to-wit: SR 11. By Senators Wesberry of the 37th and Maclntyre of the 40th: A Resolution designating the North Fulton Special Choir as the Official State Choir; and for other purposes. SR 25. By Senators Wesberry of the 37th, Bateman of the 27th and Conway of the 41st: A Resolution establishing a Code of Ethics for Government Service within the State of Georgia and all governments therein; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit: SB 61. By Senator Ward of the 39th: A Bill to be entitled an Act to amend Code Title 49, so as to provide for the dispensing with the necessity of appointing a guardian for certain minors and incompetent persons when the personal property of a minor does not exceed one thousand ($1,000.00) dollars; and for other purposes. SB 62. By Senator Ward of the 39th: A Bill to be entitled an Act to amend Code Section 107-203; relating to bail required for certain proceedings instituted for the recovery of personal property; and for other purposes. SB 80. By Senators Abney of the 53rd and London of the 50th: A Bill to be entitled an Act to amend an Act revising the adoption laws in Chapter 74-4 of the Code of 1933; and for other purposes. The Senate has passed as amended by the requisite constitutional majority the following Bills of the House, to-wit: HB 142. 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 Byron, so as to change the method of electing the mayor and aldermen; and for other purposes. MONDAY, FEBRUARY 27, 1967 721 HB 161. By Mrs. Merritt and Mr. Parker of the 68th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, so as to change the compensa tion of the Chairman and the other Commissioners of Roads and Revenues for Sumter County; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit: HB 3. By Mr. Harris of the 118th: 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 47. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 9-103, relating to applicants for admission to the practice of law, so as to change the exceptions and exemptions for the education requirements prescribed in said chapter; and for other purposes. HB 48. 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 sections of the Code of Georgia of 1910 concerning the law of negotiable instruments; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit: HB 168. By Mr. Paris of the 23rd: A Bill to be entitled an Act to provide a new charter for the City of Statham; and for other purposes. HB 221. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st and Cooper of the 103rd: A Bill to be entitled an Act to amend an Act providing that no person shall be elected ordinary of a county having a population of 100,000 or more except under certain conditions, so as to provide that the provisions 722 JOURNAL OF THE HOUSE, of said Act shall not apply to any person who is now holding or has held the office of Ordinary in any county having a population of not less than 110,000 nor more than 120,000; and for other purposes. HB 234. By Mr. Holder of the 70th: A Bill to be entitled an Act to amend an Act changing the compensation of the Ordinary of Dodge County from the fee and salary system to the salary system exclusively, so as to change the compensation of the ordinary; and for other purposes. HB 235. By Mr. Holder of the 70th: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Dodge County, so as to change the allowable com pensation of the clerk and employee of the Tax Commissoiner; and for other purposes. HB 236. By Mr. Holder of the 70th: A Bill to be entitled an Act to amend an Act changing from the fee system to the salary system in the County of Dodge, the sheriff of said county and the clerk of the superior court thereof, so as to change the compensation of the sheriff and clerk of the superior court of said county; and for other purposes. HB 242. By Messrs. Mullinax and Ware of the 42nd: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of LaGrange, so as to increase the corporate limits; and for other purposes. HB 243. By Messrs. Mullinax and Ware of the 42nd: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of LaGrange, so as to increase the corporate limits; and for other purposes. HB 261. By Mr. Crowe of the 80th: A Bill to be entitled an Act to amend an Act establishing a city court in the City of Sylvester, Worth County, so as to change the jurisdiction of said court; and for other purposes. MONDAY, FEBRUARY 27, 1967 723 HB 262. By Messrs. Bowen and Rainey of the 69th: A Bill to be entitled an Act placing the Clerk of the Superior Court, the Sheriff and the Ordinary of Dooly County on an annual salary in lieu of the fee system of compensation, so as to provide for a salary for the Sheriff within a certain salary range to be fixed within such range by the governing authority of Dooly County; and for other purposes. HB 263. By Messrs. Ware and Mullinax of the 42nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, so as to provide that the maximum fine the recorder may impose as punishment for an offense shall not exceed $200.00; and for other purposes. HB 264. Messrs. Ware and Mullinax of the 42nd: A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Troup County, so as to change the compensation of the Judge; and for other purposes. HB 265. Messrs. Ware and Mullinax of the 42nd: A Bill to be entitled an Act to change the compensation of the Coroner of Troup County; and for other purposes. HB 266. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd, and others: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Cobb County, so as to change the compensation of the Deputy Commissioner; and for other purposes. HB 269. By Messrs. Ware and Mullinax of the 42nd: A Bill to be entitled an Act to amend an Act which released an Act relative to the salaries of officials in certain counties and which pro vided for the compensation of the Clerk, the Ordinary and the Tax Commissioner of Troup County; and for other purposes. HB 278. By Messrs. Potts and Blalock of the 33rd: A Bill to be entitled an Act changing the compensation of the sheriff, the ordinary, and the clerk of the Superior Court of Coweta County from the fee system to the salary system, so as to change the salary allow ance of the sheriff's deputies and jailers; and for other purposes. 724 JOURNAL OP THE HOUSE, HB 283. By Messrs. Vaughn, Palmer, Malone and Smith of the 117th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Rockdale County on an annual salary in lieu of the fee system of compensation; and for other purposes. Mr. Clarke of the 45th 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 of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 425. Do Pass. HB 426. Do Pass. HB 434. Do Pass. HB 435. Do Pass. HB 436. Do Pass. HB 438. Do Pass. HB 443. Do Pass. HB 446. Do Pass. HB 451. Do Pass. HB 452. Do Pass. Respectfully submitted, Clarke of 45th District, Chairman. Mr. Steis of the 100th 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 recommenda tions : HB 418. Do Pass. SB 58. Do Pass. MONDAY, FEBRUARY 27, 1967 725 SB 59. Do Pass. HR 93-219. Do Pass. Respectfully submitted, Steis of the 100th District, Chairman. Mr. Chandler of the 47th District, Chairman of the Committee on State Institutions and Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions and Property has had under considera tion the following Resolutions of the House, and has instructed me as Secretary, to report the same back to the House with the following recommendations: HR 118-294. Do Not Pass. HR 70-162. Do Pass. Respectfully submitted, Colwell of 5th District, Secretary. Mr. Paris of the 23rd, Chairman of the Committee on Temperance, submitted the following report: Mr. Speaker: Your Committee on Temperance has had under consideration the following Bill of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendation: HB 213. Do Pass. Respectfully submitted, Paris of 23rd District, Chairman. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees: SB 9. By Senator Minish of the 48th: A Bill to be entitled an Act to amend Code Chapter 84-11, so as to pro vide that the testimony and reports of any optometrist licensed to prac- 726 JOURNAL OP THE HOUSE, tice in the State of Georgia shall be received by the state and any political subdivision thereof; and for other purposes. Referred to the Committee on State of Republic. SR 11. By Senators Wesberry of the 37th and Maclntyre of the 40th: A Resolution designating the North Fulton Special Choir as the Official State Choir; and for other purposes. Referred to the Committee on Welfare. SR 25. By Senators Wesberry of the 37th, Bateman of the 27th and Conway of the 41st: A Resolution establishing a Code of Ethics for Government Service within the State of Georgia and all governments therein; and for other purposes. Referred to the Committee on Special Judiciary. SB 61. By Senator Ward of the 39th: A Bill to be entitled an Act to amend Code Title 49, so as to provide for the dispensing with the necessity of appointing a guardian for certain minors and incompetent persons when the personal property of a minor does not exceed $1,000.00; and for other purposes. Referred to the Committeee on Judiciary. SB 62. By Senator Ward of the 39th: A Bill to be entitled an Act to amend Code Section 107-203, relating to bail required for certain proceedings instituted for the recovery of personal property; and for other purposes. Referred to the Committeee on Judiciary. SB 76. By Senators Searcey of the 2nd, Moore of the 31st, Kennedy of the 4th and others: A Bill to be entitled an Act to amend an Act entitled the "Georgia Election Code", so as to provide that any person qualifying by nomina tion petition shall be required to pay the cost incurred by the Secretary of State or Ordinary in examining such petition; and for other purposes. Referred to the Committee on State of Republic. SB 80. By Senators Abney of the 53rd and London of the 50th: A Bill to be entitled an Act to amend an Act revising the adoption laws in Chapter 74-4 of the Code of 1933, so as to provide that where a MONDAY, FEBRUARY 27, 1967 727 decree has been entered by a superior court of this State or any other state ordering the father to support a child and the father has wantonly and willfully failed to comply for a period of 12 months or longer, the consent of said father shall not be required and the consent of the mother alone shall suffice in any proceedings for adoption relative to such child; and for other purposes. Referred to the Committee on Judiciary. SB 85. By Senators Johnson of the 42nd and Coggin of the 35th: A Bill to be entitled an Act to enact the Highway and Traffic Safety Coordination Act of 1967; and for other purposes. Referred to the Committee on Highways. SB 103. By Senator Holley of the 22nd: A Bill to be entitled an Act to amend the Uniform Act Regulating Traffic on Highways, so as to provide for an exception to driving on the right side of the roadway; and for other purposes. Referred to the Committee on Motor Vehicles. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit: SB 77. By Senator Dean of the 6th: A Bill to be entitled an Act to amend an Act revising the laws relating to the State Game and Fish Commission, to game and fish, and to wild life, approved March 7, 1955, as amended, so as to provide for temporary hunting and fishing privileges to personnel of the armed forces of the United States; and for other purposes. Mr. Higginbotham of the 119th asked unanimous consent that the following Bill of the House be recommitted to the Committee on Local Affairs for further study: HB 103. By Messrs. Lane of the 126th, Cook, Turner and Cates of the 123rd and Hill of the 121st: A Bill to be entitled an Act to grant to the incorporated municipalities of this State located within any county having a population of more 728 JOURNAL OF THE HOUSE, than 300,000 certain basic powers, including certain powers to require the repair, closing or demolition of certain dwellings, buildings or struc tures; and for other purposes. There was objection. Mr. Higginbotham of the 119th moved that the Bill be recommitted. The motion prevailed and HB 103 was recommitted to the Committee on Local Affairs. Mr. Rush of the 75th arose on a point of personal privilege and addressed the House. The Speaker Pro Tern, Honorable Maddox J. Hale assumed the Chair. Under the general order of business established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 21. 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 divorces; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Anderson Barber Berry, C. E. Blalock Branch Brantley, H. H. Brown, C. Buck Carnes Gates Cato Cheeks Clarke Cole Collins, J. F. Collins, M. Cook Cox Crowe, William Crowe, W. J. MONDAY, FEBRUARY 27, 1967 729 DeLong Dent Dickinson Dillon Dixon Dodson Dollar Doster Egan Fleming Funk Gary Gignilliat Hamilton, Mrs. H. Harris, J. P. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill Hood Howell Hutchinson Irvin Johnson, B. Joiner Jones, M. Jordan, W. H. Kaylor Kirksey Knapp Lambert Land Lane, Dick Lee, W. J. (Bill) Levitas Lewis Longino Lowrey Malone Matthews, C. Mauldin Maxwell McCracken Melton Merritt Miller Moate Moore, J. H. Mullinax Newton, A. S. Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Parker, C. A. Phillips Potts Ragland Reaves Ross Rowland Russell Savage Shanahan Sherman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Stalriaker Sweat Thomas Threadgill Townsend Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Whaley Wiggins Williams Wilson, R. W. Wood, J. T. Those voting in the negative were Messrs. Cooper, J. R. Farrar Leggett Mixon Those not voting were Messrs.: Alexander Ballard Barfield Battle Bennett Berry, J. K. Black Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Busbee Caldwell Chandler Colwell Conner Cooper, B. Dailey Daugherty Dean Dorminy Douglas Edwards Fallin Murphy Farmer Floyd Gay Gaynor Grahl Grier Hadaway Hale Hall Harrington Henderson Holder Howard 730 Jenkins Johnson, A. S. Jones, C. M. Jordan, G. Laite Lambros Lane, W. J. Lee, W. S. Leonard Lovell Magoon Mason Matthews, D. R. McClatchey McDaniell JOURNAL OF THE HOUSE, Minge Moore, Don C. Moreland Nash Nessmith Paris Parker, H. W. Parrish Peterson Pickard Poss Rainey Richardson Roach Rush Scarlett Shields Smith, J. R. Starnes Steis Sullivan Thompson, A. W. Thompson, R. Tucker Turner Wells Westlake Wilson, J. M. Winkles Mr. Speaker On the passage of the Bill, the ayes were 115, nays 5. The Bill, having received the requisite constitutional majority, was passed. Mr. Murphy of the 26th gave notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 21. HB 214. By Messrs. Carnes of the 129th, Peterson of the 59th, Harris of the 85th, Parrar of the 118th and others: A Bill to be entitled an Act to amend an Act relating to the Special Master Procedure of exercising the power of eminent domain, so as to redefine the term "Condemning Body"; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 1. The Bill, having received the requisite constitutional majority, was passed. Mr. Paris of the 23rd stated that he wished to be recorded as voting "nay" on HB 214. HB 247. By Messrs. Harris and Levitas of the 118th, Jones of the 112th and Dillon of the 128th: A Bill to be entitled an Act to create and define the offense of inciting to riot; and for other purposes. MONDAY, FEBRUARY 27, 1967 731 The report 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 5. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, the above Bill was ordered immediately transmitted to the Senate. HB 311. By Messrs. Phillips of the 41st, Irvin of the llth, Moate of the 39th, Smith of the 3rd, McCracken of the 49th and Smith of the 54th: A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Interstate Compact on Juveniles"; and for other purposes. The report 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 4. The Bill, having received the requisite constitutional majority, was passed. HR 129-320. By Mr. Dorminy of the 72nd: A Resolution authorizing the conveyance of a certain tract of land in Ben Hill County; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 116, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. 732 JOURNAL OF THE HOUSE, HB 35. By Mr. McClatchey of the 138th: A Bill to be entitled an Act to provide that notice otherwise required to be given by registered mail may be given by certified mail; and for other purposes. The following amendment was read and adopted: Mr. Harris of the 118th moves to amend HB 35 by striking therefrom Section 2 in its entirety and renumbering Section 3 as Section 2. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 111, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 292. By Messrs. Lambert of the 38th, Chandler and Harrington of the 47th, Lane of the 53rd, Hadaway of the 46th and Moate of the 39th: A Bill to be entitled an Act to provide for an additional Judge of the Superior Courts of the Ocmulgee 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 103, nays 2. The Bill, having received the requisite constitutional majority was passed. The Speaker announced the House recessed until 1:15 P.M. AFTERNOON SESSION The Speaker called the House to order. MONDAY, FEBRUARY 27, 1967 733 Under the general order of business established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 112. By Messrs. Gaynor of the 114th, Harris of the 118th, Pickard of the 112th, Sullivan of the 95th and Townsend of the 140th: A Bill to be entitled an Act to amend Code Chapter 88-9 relating to air quality control, so as to provide for air quality control; to provide for a declaration of public policy relative to air quality; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 10, nays 0. The Bill, having received the requisite constitutional majority was passed. HB 132. By Messrs. Dean of the 20th, Steis of the 100th, Stalnaker of the 59th, Dollar of the 89th, Ware of the 42nd and Gay of the 60th: A Bill to be entitled an Act to amend an Act known as the Georgia Military Forces Reorganization Act of 1955, so as to provide that the Adjutant General shall receive the same pay and allowances of a Major General as now or hereafter provided by law for an officer of equivalent rank in the regular armed forces of the United States; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 106, nays 8. The Bill, having received the requisite constitutional majority was passed. The following members of the House stated that they wished to be recorded as voting "aye" on HB 132: Messrs. Henderson of the 102nd, Moate of the 39th, Dollar of the 89th and Stalnaker of the 59th. 734 JOURNAL OF THE HOUSE, The following members of the House stated that they wished to be recorded as voting "nay" on HB 132: Messrs. Tucker of the 36th and Smith of the 44th. HB 67. By Messrs. Steis of the 100th, Hale of the 1st and Harris of the 118th: A Bill to be entitled an Act to amend an Act entitled An Act to classify property for taxation; to levy taxes on certain classes of intangible personal property; to provide that no taxes shall be levied on these particular classes of intangible personal property other than those levied by this Act; and for other purposes. The following amendment was read and adopted: Mr. Steis of the 100th moves to amend House Bill No. 67 as follows: By striking the comma after the word "levied" where it appears in line 22 of the caption and inserting the following: "By a Governmental authority and which will be or has been--" and by striking the comma after the word "levied" where it appears in line 23 of Section I and inserting the following: "By a Governmental authority and which will be or has been -" and, by striking the comma after the word "levied" where it appears in the last line of Section I and inserting the following: "By a Governmental authority and which will be or has been -" The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 114, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 154. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Chapter 88-5 of the Code of Georgia, so as to provide a procedure for the restoration to sanity of a person, without regard to whether or not such person has been hospi talized in a psychiatric hospital or any other institution for the mentally ill; and for other purposes. MONDAY, FEBRUARY 27, 1967 735 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 114, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 231. By Messrs, Smith of the 54th, Hale of the 1st, Busbee aad Lee of the 79th, Jones of the 76th and Lambert of the 38th: 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 clarify the provisions relating to allowances and committees; and for other purposes. The following amendment was read and adopted: Mr. Jones of the 112th moves to amend HB No. 231 as follows: By adding in the title before the words "to provide an effective date;" the words "to clarify the provisions relating to round trips;'. By adding in Section 1 before the words: "so that when so amended Code Section 47-107 shall read as follows:" the following: "and by striking the words: 'for not more than four round trips during each regular session and for not more than two round trips during each extraordinary session' and inserting in lieu thereof the words: 'for not more than one round trip per calendar week, or portion thereof, during each regular and extraordinary session'". By striking from the language quoted as Section 47-107 in Section 1 of said bill the words: "for not more than four round trips during each regular session and for not more than two round trips during each ex traordinary session", and inserting in lieu thereof the following: 736 JOURNAL OF THE HOUSE, "for not more than one round trip per calendar week, or portion thereof, during each regular and extraordinary session". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 296. By Messrs. Williams of the 16th, Johnson of the 40th, Vaughan and Harris of the 14th and Cole of the 3rd: A Bill to be entitled an Act to amend an Act requiring identification numbers on certain motor vehicles and component parts, so as to change the components requiring identification numbers; and for other pur poses. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs: Adams Anderson Ballard Barber Barfield Bennett Berry, C. E. Berry, J. K. Black Branch Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Busbee Games Gates Cato Cole Collins, J. P. Colwell Conner Cooper, J. E. Cox Crowe, William Dailey Davis Dean Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Egan Fallin Farmer Farrar Floyd Funk Gary Gay Gaynor Gignilliat Grahl Grier Hamilton Harris, J. F. MONDAY, FEBRUARY 27, 1967 737 Harris, J. R. Harrison Higginbotham Hill Holder Hood Hutchinson Irvin Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Knapp Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Maxwell McClatchey McDaniell Melton Miller Minge Moore, Don C. Nessmith Nimmer Northcutt Odom Otwell Paris Parrish Poss Potts Ragland Rowland Rush Russell Shanahan Sherman Sims Smith, G. W. Smith, W. L. Snow Starnes Steis Sullivan Sweat Townsend Tye Underwood Vaughan, D. N. Walling Wamble Westlake Whaley Williams Wilson, R. W. Winkles Wood Those voting in the negative were Messrs: Bowen Cheeks Dent Edwards Fleming Hall Kirksey Mixon Peterson Ross Smith, J. R. Thomas Tucker Those not voting were Messrs: Alexander Battle Blalock Bond Bostick Brown, B. D. Caldwell Chandler Clarke Collins, M. Cook Cooper, B. Crowe, W. J. Daugherty DeLong Hadaway Hale Harrington Harris, R. W. Henderson Howard Howell Jenkins Jones, C. M. Laite Lambert Leggett Matthews, D. R. Mauldin McCracken Merritt Moate Moore, J. H. Moreland Mullinax Murphy Nash Newton Oglesby Pafford Palmer Parker, C. A. Parker, H. W. Phillips Pickard Rainey Reaves Richardson 738 Roach Savage Scarlett Shields Simmons Smith, V. T. JOURNAL OF THE HOUSE, Stalnaker Thompson, A. W. Thompson, R. Threadgill Turner Vaughn, C. R. Ward Ware Wells Wiggins Wilson, J. M. Mr. Speaker On the passage of the Bill, the ayes were 125, nays 13. The Bill, having received the requisite constitutional majority, was passed. HB 307. By Messrs. Pickard, Jones, and Buck of the 112th, Thompson of the 110th and Thompson of the lllth: A Bill to be entitled an Act to amend Section 59-106 of the Code of Georgia of 1933, relating to the revision of jury lists and the method whereby jury commissioners choose grand and traverse jurors, so as to change the method of choosing grand and traverse jurors; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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 Barber Berry, C. E. Berry, J. K. Black Blalock Brantley, H. H. Brown, C. Buck Busbee Carnes Cates Cato Cheeks Colwell Cooper, J. R. Cox Crowe, Wm. Dailey Dean Dent Dillon Dixon Dodson Dollar Douglas Edwards Egan Farmer Farrar Fleming Floyd Funk Gary Gignilliat Grahl Grier Harris, J. R. Harris, R, W. Higginbotham Holder Hood Hutchinson Johnson, A. S. Joiner Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambrps, Lee, W. J. (Bill) Leggett Levitas Lewis Longino Lovell Lowrey Malone Matthews, C. Maxwell McClatchey McDaniell Melton Merritt Miller Minge Moate Mullinax Nimmer Northcutt MONDAY, FEBRUARY 27, 1967 739 Oglesby Otwell Palmer Paris Peterson Poss Potts Ragland Rainey Roach Shanahan Sherman Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W. Threadgill Town send Tucker, Ray M. Tye Vaughn, C. R. Walling Ware Wiggins Williams Wilson, R. W. Winkles Wood Those voting in the negative were Messrs.: Anderson Barfield Bennett Bostick Bowen Cole Crowe, W. J. Dorminy Fallin Gay Hadaway Hall Harrington Harrison Johnson, B. Laite Land Lane, Dick Lane, W. J. Lee, W. S. Magoon Matthews, D. R. McCracken Mixon Those not voting were Messrs.: Alexander Ballard Battle Bond Branch Brantley, H. L. Bray Brown, B. D. Caldwell Chandler Clarke Collins, J. F. Collins, M. Conner Cook Cooper, B. Daugherty Davis DeLong Dickinson Doster Gaynor Hale Hamilton Harris, J. F. Henderson Hill Howard Howell Irvin Jenkins Jones, C. M. Jordan, W. H. Lambert Moore, Don C. Odom Pafford Parrish Ross Rush Russell Sullivan Thomas Vaughan, D. N. Ward Whaley Leonard Mason Mauldin Moore, J. H. Moreland Murphy Nash Nessmith Newton Parker, C. A. Parker, H. W. Phillips Pickard Reaves Richardson Rowland Savage 740 Scarlett Shields Simmons Smith, J. R. JOURNAL OF THE HOUSE, Thompson, R. Turner Underwood Wamble Wells Westlake Wilson, J. M. Mr. Speaker On the passage of the Bill, the ayes were 105, nays 36. 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 57. By Messrs. Ware and Mullinax of the 42nd and Lovell of the 6th: 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, as amended, so as to provide that in addition to the issuance of license plates, the Revenue Commissioner and his agents shall also issue certain decals, to provide a description of such decals; and for other purposes. Mr. Ware of the 42nd asked unanimous consent that further consideration of this Bill be postponed until tomorrow, February 28th. The consent was granted, and HB 57 was postponed. The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto: HB 26. By Messrs. Levitas, Harris and Farrar of the 118th, Jones of the 112th, Harris of the 85th, Minge of the 13th and Vaughn of the 117th: 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 remove the right of the defendant to bring witnesses before the grand jury and to examine the witnesses of the prosecution; and for other purposes. The following Senate amendment was read: The Judiciary Committee moved to amend HB 26 as follows: MONDAY, FEBRUARY 27, 1967 741 1. By striking from the caption the phrase "at all stages of the proceedings" and by substituting in lieu thereof: "during the presenta tion of all evidence and statements of the accused" so that the amended clauses shall read: "to provide that the accused and his counsel shall have the right to be present during the presentation of all evidence and statements of the accused"; 2. Section 1 of House Bill 26 is amended by striking from the next to the last sentence of Section 1 the phrase: "at all stages of the proceedings" and by substituting in lieu thereof the following: "during the presentation of all evidence and statements of the accused, sworn or unsworn, on the proposed indictment, presentment, or accusation, after which he and his counsel shall retire from the grand jury room" so that the amended clause shall read: "the accused and his counsel shall have the right to be present during the presentation of all evidence and statements of the accused, sworn or unsworn, on the proposed indictment, presentment, or accusation, after which he and his counsel shall retire from the grand jury room". Mr. Harris of the 118th moved that the House agree with the Senate amendment. On the motion to agree, the ayes were 111, nays 0. The motion prevailed, and the Senate amendment to HB 26 was agreed to. HB 142. 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 Byron, so as to change the method of electing the mayor and aldermen; and for other purposes. The following Senate amendment was read: The Committee on County and Municipal Governments offered the following amendment to HB 142 as follows: By adding immediately before the clause "to repeal conflicting laws;" the clause "to change the time during which the polls shall remain open;". By striking in its entirety Section 2, and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. Said Act is further amended by striking from the second paragraph of Section 12 the following: 742 JOURNAL OF THE HOUSE, 'The person receiving the highest number of votes for the respective offices, shall be declared to be elected.', and by striking from said paragraph the word and symbol "eight (8)" and the word and symbol "four (4)", and inserting in lieu thereof, in both instances, the word and symbol "seven (7)", so that when so amended the second paragraph of Section 12 shall read as follows: "Said oath to be signed by all managers in the capacity in which he acts. The oath may be administered by any officer quali fied to administer oaths or the managers may swear each other. Said managers of election shall be paid one dollar ($1.00) each as compensation for holding such election. The polls in all elections held in and for said town shall be open from seven (7) o'clock, A.M. until seven (7) o'clock P.M. when they shall be closed, and the managers of said election shall proceed to count the ballots and consolidate the returns of said election and certify the results. They shall keep two lists of voters and two tally sheets and shall make a certificate of the result of each tally sheet. One of said tally sheets, and one of said list of voters together with the ballots shall be placed by the managers in an envelope or box and sealed and filed with the clerk of said town. The other list of voters and tally sheet shall be kept by such managers for a period of thirty days. Such envelope or box filed with the clerk shall be opened at the next regular meeting of the mayor and aldermen and the results of the election declared by them after which all of said election papers shall again be placed in said envelope or box and kept by the clerk without inspection provided no contest be filed or pending for a period of sixty days after which same may be destroyed. The mayor and aldermen of said town are authorized and empowered to adopt such other and further reasonable rules for the conduct of elections in said town as they may deem proper. Contests over any election held in said town may be had in the manner as provided by the laws of Georgia in cases of municipal election contests." Mr. Grahl of the 52nd moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 110, nays 0. The motion prevailed, and the Senate amendment to HB 142 was agreed to. Mr. Steis of the 100th asked unanimous consent that the following Bill of the Senate be withdrawn from the Committee on Special Judiciary and referred to the Committee on Judiciary: SB 16. By Senators Johnson of the 42nd and Smalley of the 28th: A Bill to be entitled an Act to amend Code Chapter 9-4 relating to the definition and regulation of the practice of law, as amended, so as to MONDAY, FEBRUARY 27, 1967 743 prescribe conditions under which third-year law students may render legal services to indigent persons as if admitted and licensed to practice law in this State; and for other purposes. The consent was granted, and SB 16 was ordered withdrawn from the Com mittee on Special Judiciary and referred to the Committee on Judiciary. The following Resolutions of the House were read and adopted: HR 170. By Messrs. Lambros of the 130th, Dillon of the 128th, Carnes of the 129th, Adams of the 125th and others: A RESOLUTION Extending wishes for a speedy recovery for the Honorable Hewitt W. Chambers; and for other purposes. WHEREAS, it has come to our attention that the Honorable Hewitt W. Chambers, Judge Emeritus of the Civil Court of Fulton County, is presently hospitalized because of a physical impairment; and WHEREAS, said Judge Chambers has long been a faithful public servant while serving the Civil Court of Fulton County in the capacity of Clerk as well as Judge for many years. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body extend heartiest best wishes for a speedy recovery for the Honorable Hewitt W. Cham bers and that he may soon return to continue to serve the people of his country and state in his aforesaid capacity as Judge Emeritus. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward appropriate copies of this Resolution to the Honorable Hewitt W. Chambers. HR 171. By Mr. Smith of the 54th: A RESOLUTION Wishing a speedy recovery for Mrs. Frank E. Blankenship; and for other purposes. WHEREAS, Mrs. Frank E. Blankenship, wife of the Assistant Attorney General and former Deputy Legislative Counsel, Frank E. Blankenship, is confined in Georgia Baptist Hospital; and WHEREAS, the members of this Body have a high and affectionate regard for Frank Blankenship and his wife, Millie. 744 JOURNAL OF THE HOUSE, NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body hereby extend their sincerest regrets to Mrs. Blankenship and wish for her a most speedy recovery. BE IT FURTHER RESOLVED that the Clerk of the House is hereby directed to transmit a suitable copy of this Resolution to Mrs. Blankenship. HR 172. By Mr. Smith of the 54th: A RESOLUTION Wishing a speedy recovery for Honorable Charles E. Tidwell; and for other purposes. WHEREAS, Honorable Charles E. Tidwell, Deputy Legislative Counsel, is confined in St. Joseph's Hospital, Atlanta, Georgia, due to illness; and WHEREAS, Charlie, as he is affectionately known by all members of this Body, has done an outstanding job for the members in drafting legislation and giving advice and counsel on matters of importance to this Body; and WHEREAS, the members regret his inability to continue his work with them and regret his illness. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body hereby extend their sincerest regrets to Honorable Charles E. Tidwell upon his illness and wish for him a most speedy recovery. BE IT FURTHER RESOLVED that the Clerk of the House is hereby directed to transmit a suitable copy of this Resolution to Mr. Tidwell. HR 173. By Messrs. Lane of the 64th and Matthews of the 94th: A RESOLUTION Providing for a committee of escort for Governor Lurleen Wallace and Honorable George C. Wallace; and for other purposes. WHEREAS, Governor Lurleen Wallace and Honorable George C. Wallace have accepted an invitation to address a joint session of the House of Representatives and the Senate on Tuesday, February 28, 1967, at 11:00 a.m. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a committee of escort shall be desig- MONDAY, FEBRUARY 27, 1967 745 nated by the Speaker of the House of Representatives and the President of the Senate for the purpose of escorting these distinguishd guests for the aforesaid addresses. The Speaker shall appoint 8 members of the House and the President shall appoint seven members of the Senate to the committee of escort. The committee shall assemble at 10:45 a.m. House Members on Escort Commiteee for Governor Lurleen Wallace and Honorable George Wallace: Representative Jones Lane of the 64th Representative Dorsey Matthews of the 94th Representative Robert Pafford of the 97th Representative Bobby W. Johnson of the 40th Representative Howard H. Rainey of the 69th Representative Clarence Parker of the 68th Representative Thomas T. Irvin of the llth Representative Preston Lewis of the 50th HR 174. By Messrs. Palmer of the 117th, Levitas of the 118th, Davis of the 119th and others: A RESOLUTION Congratulating Paul Dempsey for the recent award presented to him by the Freedom's Foundation; and for other purposes. WHEREAS, Paul Dempsey, a student at Tucker High School, DeKalb County, Georgia, has recently written an editorial entitled "Free dom is Your Job", which was published in his school newspaper, The Tucker Tiger Tales; and WHEREAS, as a result of this editorial, the Freedom's Foundation has awarded Paul Dempsey the George Washington Honor Medal and a $50.00 cash award; and WHEREAS, it is fitting and proper that such an outstanding achievement be recognized. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body wishes to extend its heartiest congratulations to Mr. Paul Dempsey and his family for his scholarship and achievement in writing the editorial, "Freedom is Your Job", which 746 JOURNAL OF THE HOUSE, editorial resulted in Mr. Dempsey being awarded the George Washington Honor Medal and a $50.00 cash award by the Freedom's Foundation. BE IT FURTHER RESOLVED that this body wishes to extend its congratulations to Miss Kimeran Moseley, Editor of the Tucker Tiger Tales and to Mr. Weymon R. Smallwood, Principal of Tucker High School for the recognition received by Tucker High School and the Tucker Tiger Tales as a result of this Freedom's Foundation award: BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to the family of Paul Dempsey; and to Miss Kimeran Moseley and Mr. Weymon R. Smallwood. HR 175. By Messrs. Levitas, Harris, Walling and Farrar of the 118th: A RESOLUTION Commending the Kittredge Elementary School of the DeKalb County School System for winning a George Washington Honor Medal; and for other purposes. WHEREAS, on February 20, 1967, Freedoms Foundation announced that Kittredge Elementary School had won a George Washington Honor Medal; and WHEREAS, this medal was won because of the outstanding success of a program conducted at Kittredge Elementary School during the 1965-66 school year entitled "Echo the Hills", which was under the direction of Mrs. Mae Belle Dickson; and WHEREAS, this program was designed to honor the Cherokee Indians for their contributions to the culture of Georgia, the South and the nation; and WHEREAS, over 100 school children took part in this program along with members of the faculty and other participants. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Kittredge Elementary School of the DeKalb County School System for being named the winner of a Freedoms Foundation George Washington Medal of Honor. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Mr. Marion Thompson, Principal, Kit tredge Elementary School; Mrs. Mae Belle Dickson, Kittredge Elementa ry School; Mrs. Joseph M. Cheshire, President, Kittredge Elementary School Parent Teachers Association; and to Mr. Jim Cherry, Super intendent, DeKalb County School System. MONDAY, FEBRUARY 27, 1967 747 The following Resolutions of the House were read and referred to the Com mittee on Rules: HR 176. By Messrs. Edwards of the 57th, Magoon of the 19th and Parker of the 68th: A RESOLUTION Inviting certain famous stars of the Grand Old Opry to entertain the members of the House of Representatives; and for other purposes. WHEREAS, the Grand Old Opry has been entertaining the people of the United States with the best in country and western music for many years; and WHEREAS, Justin Tubb, the son of the famed Ernest Tubb, Red Lane, Mel Tillis and Sue York are some of the most gifted and out standing stars of the Grand Old Opry; and WHEREAS, the Grand Old Opry has made Nashville, Tennessee the country and western music capital of the world; and WHEREAS, the members of the House of Representatives would thoroughly enjoy being entertained by these famous stars of the Grand Old Opry. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby cordially extend an invitation to Justin Tubb, Red Lane, Mel Tillis and Sue York to appear before the House of Representatives for the purpose of entertaining the members thereof. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution with the seal of the House of Repre sentatives affixed thereto to each of the stars of the Grand Old Opry invited to appear before the House of Representatives as set forth in this Resolution. HR 177. By Messrs. Vaughn of the 117th and Melton of the 34th: A RESOLUTION Creating an interim study committee to study intangible taxes; and for other purposes. WHEREAS, an intangible tax was first authorized in the State of Georgia in 1937; and 748 JOURNAL OF THE HOUSE, WHEREAS, since said date, there have been many amendments and additions to the intangible tax; and WHEREAS, since 1936 there have been drastic changes in business and commerce; and WHEREAS, it is desirable that the taxation of intangible property be reviewed in the light of the many changes which have occurred since 1937. 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 thereof. The Committee shall study all matters relating to the taxation of intangible property. The Committee shall be authorized to meet not in excess of ten days. The Committee shall make a report of its findings and recommendations to the 1968 Session of the General Assembbly. The members of the Committee shall receive the compensation, per diem, expenses and allowances authorized by law for members of interim legislative study committees. The funds necessary for the purposes of this Resolution shall come from the funds appropriated and available to the Legislative Branch of the Government. 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. TUESDAY, FEBRUARY 28, 1967 749 Representative Hall, Atlanta, Georgia Tuesday, February 28, 1967 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. Lawrence V. Bradley, Jr., Pastor Curtis Baptist Church, Augusta, 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 today's business, Tuesday, February 28, 1967, and submits the following: 750 JOURNAL OF THE HOUSE, HB 51. Motor Vehicle Certificate of Title Act, amend. HB 60. Teachers' Retirement, service after 65 years. HB 94. Teachers' Retirement Board, additional member. HB 106. State Planning and Programming Bureau, create. HB 255. Georgia Higher Education, funds. HB 256. Georgia Higher Education, loans. HB 295. Regulate insurance rates. HB 337. Public transportation, municipal and county. HB 341. Mapped Streets Plan, public transportation. HB 418. Revenue bonds, maturity date. HR 44-131. Rivers and Harbors Development Commission. HR 66-153. Tax Commissioner, Fulton County, indemnify losses. HR 67-153. Fulton Criminal Court, method of appeal. HR 70-162. Transfer property, Sumter County. HR 84-209. Transfer land, Baldwin County. HR 124-311. Steam locomotive "General". 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 479. By Mr. Johnson of the 40th: A Bill to be entitled an Act to provide a supplementary salary to cer tain of the county officers of Warren County; and for other purposes. Referred to the Committee on Local Affairs. HB 480. By Mr. Johnson of the 40th: A Bill to be entitled an Act to amend an Act placing the county offi cers of McDuffie County upon an annual salary, so as to provide for a deputy sheriff and his compensation; and for other purposes. Referred to the Committee on Local Affairs. TUESDAY, FEBRUARY 28, 1967 751 HB 481. By Messrs. Murphy of the 26th, Irvin of the llth and Caldwell of the 51st: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to exclude time employed as a public school teacher from being used in computing the salary of the Director; and for other purposes. Referred to the Committee on State of Republic. HB 482. By Messrs. Ware of the 42nd and Collins of the 88th: A Bill to be entitled an Act to amend Code Chapter 56-8B, relating to agents, solicitors, brokers, counselors, and adjusters, so as to author ize the Insurance Commissioner to issue a special adjuster's license to certain qualified persons; and for other purposes. Referred to the Committee on Insurance. HB 483. By Mr. Jones of the 76th: A Bill to be entitled an Act to amend Code Chapter 34-12 relating to voting machines and vote recorders, so as to provide that vote recorders shall preclude an elector from voiding his own vote by voting for more than the proper number of candidates; and for other pur poses. Referred to the Committee on State of Republic. HB 484. By Mr. Ware of the 2nd: A Bill to be entitled an Act to amend and revise the laws pertaining to the governing authority of Catoosa County; to create a board of commissioners of roads and revenues; and for other purposes. Referred to the Committee on Local Affairs. HB 485. By Mr. Ware of the 2nd: A Bill to be entitled an Act to abolish the present mode of compensat ing the coroner of Catoosa County, known as the fee system; and for other purposes. Referred to the Committee on Local Affairs. HB 486. By Messrs. Threadgill and Wiggins of the 32nd:: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Villa Rica, so as to confer upon the City of Villa Rica the right, power and authority to elect, construct, operate, maintain, 752 JOURNAL OF THE HOUSE, extend and improve within and without the corporate limits; and for other purposes. Referred to the Committee on Local Affairs. HB 487. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Carroll County, so as to change the compensation of the Tax Commissioner; and for other purposes. Referred to the Committee on Local Affairs. HB 488. By Mr. Ward of the 2nd: A Bill to be entitled an Act to provide for the election of members of the Board of Education of Catoosa County; to provide for education districts; and for other purposes. Referred to the Committee on Local Affairs. HB 489. By Mr. Shanahan of the 8th: A Bill to be entitled an Act to district Gordon County for the purpose of providing fire protection services; and for other purposes. Referred to the Committee on Local Affairs. HB 490. By Mr. Parker of the 55th: A Bill to be entitled an Act to provide for new terms of office for the Mayor and Councilmen of the Town of Newington; and for other purposes. Referred to the Committee on Local Affairs. HR 162-490. By Mr. Gaynor of the 114th: A Resolution compensating William L. Barnes as District Engineer; and for other purposes. Referred to the Committee on Appropriations. HR 163-490. By Messrs. Murphy of the 26th, Irvin of the llth and Caldwell of the 51st: A Resolution to ratify, approve, and confirm the executive order of the Governor, dated February 19, 1966, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use TUESDAY, FEBRUARY 28, 1967 753 Tax Act on certain tangible personal property purchased outside the State of Georgia; and for other purposes. Referred to the Committee on Ways and Means. HR 164-490. By Messrs. Murphy of the 26th, Irvin of the llth and Caldwell of the 51st: A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated February 19, 1966, 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 Manufac turer's 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 Ways and Means. HR 165-490. By Messrs. Murphy of the 26th, Irvin of the llth and Caldwell of the 51st: A Resolution to ratify, approve, and confirm the Executive Order of the Governor, dated February 19, 1966, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; and for other purposes. Referred to the Committee on Ways and Means. HR 166-490. By Messrs. Murphy of the 26th, Irvin of the llth and Caldwell of the 51st: A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated June 10, 1966, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act upon the sale of tangible personal property to certain general non-profit hospitals until the next meeting of the General Assembly; and for other purposes. Referred to the Committee on Ways and Means. HB 491. By Mr. Ballard of the 37th: A Bill to be entitled an Act to amend an Act placing the Sheriff of the Superior Court of Newton County on a salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff; and for other purposes. Referred to the Committee on Local Affairs. HB 492. By Messrs. Ware and Mullinax of the 42nd, Palmer of the 117th, and Williams of the 16th: A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to provide that it shall be 754 JOURNAL OF THE HOUSE, unlawful for any person to operate in this State any motor vehicle, trailer, semi-trailer, pole trailer, or any combination thereof which has not been inspected and approved, and which does not have an official certificate of inspection on the windshield; and for other purposes. Referred to the Committee on Motor Vehicles. HB 493. By Messrs. Barfield, Sullivan and Bennett of the 95th: A Bill to be entitled an Act to authorize the maintenance and operation, in certain cities, of existing drive-in bank facilities located in the same city block as the parent bank and not more than 300 feet distant therefrom; and for other purposes. Referred to the Committee on Banks and Banking. HB 494. By Mr. Savage of the 58th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Macon County on an annual salary in lieu of the fee basis of compensa tion, so as to change the salary of said Sheriff; and for other purposes. Referred to the Committee on Local Affairs. HB 495. By Mr. Savage of the 58th: A Bill to be entitled an Act creating a Small Claims Court in each county in this State having a population of not less than 3,250 and not more than 3,350; and for other purposes. Referred to the Committee on Local Affairs. HB 496. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to amend Code Section 24-3104 of the Code of Georgia, so as to provide that judges of certain superior courts shall have the authority, in their discretion, to raise the compensation of the court reporter for their circuit; and for other purposes. Referred to the Committee on Special Judiciary. HB 497. By Messrs. Adams of the 125th, Sims of the 131st, Games of the 129th, Egan of the 141st and others: A Bill to be entitled an Act to fix the salaries of the Judges of Juve nile Court in counties of Georgia having a population of 500,000 or more; and for other purposes. Referred to the Committee on Local Affairs. TUESDAY, FEBRUARY 28, 1967 755 HB 498. By Messrs. Wigging and Threadgill of the 32nd, Murphy of the 26th, Potts of the 33rd, Harris and Farrar of the 118th, Walling and Higginbotham of the 119th: A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", so as to provide that the cost of transporting pupils shall not be included in calculating the amount of funds needed to provide a minimum program of education by a school system if the school system does not provide transportation for their pupils; and for other purposes. Referred to the Committee on Education. HB 499. By Messrs. Ware of the 42nd, Dean of the 20th, Mauldin of the 18th, McCracken of the 49th, Conner of the 91st and Longino of the 122nd: A Bill to be entitled an Act to amend Code Section 56-1310 (2) (a), 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, not otherwise subject to a license fee; and for other purposes. Referred to the Committee on Insurance. HB 500. By Messrs. Russell and Oglesby of the 92nd: 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 Thomas, so as to change the compensation of the Commissioners; and for other pur poses. Referred to the Committee on Local Affairs. HB 501. By Messrs. Joiner and Rowland of the 48th: A Bill to be entitled an Act to amend an Act incorporating the City of Sandersville, so as to provide for the appointment of a City Manager; and for other purposes. Referred to the Committee on Local Affairs. HB 502. By Messrs. Bowen and Rainey of the 69th: A Bill to be entitled an Act to provide that the membership of the Board of Education of Dooly County shall consist of five members; and for other purposes. Referred to the Committee on Local Affairs. HB 503. By Mr. Edwards of the 57th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Taylor County on a salary basis in lieu of a fee basis, so as to authorize 756 JOURNAL OF THE HOUSE, the Sheriff, with the approval of the governing authority, to increase the compensation of the Deputy Sheriff; and for other purposes. Referred to the Committee on Local Affairs. HB 504. By Messrs. Lane and Nessmith of the 64th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Bulloch County, so as to change the provisions relating to clerical assistance; and for other purposes. Referred to the Committee on Local Affairs. HB 505. By Messrs. Lane and Nessmith of the 64th: A Bill to be entitled an Act to amend an Act changing the compensa tion of the Sheriff of Bulloch County from a fee system to a salary system, so as to provide an allowance for uniforms for the Sheriff and his deputies; and for other purposes. Referred to the Committee on Local Affairs. HB 506. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act creating the office of Solicitor-General emeritus, so as to provide a minimum salary to be paid a Solicitor-General emeritus who is 65 years of age and over; and for other purposes. Referred to the Committee on Judiciary. HB 507. By Messrs. Lambros of the 130th, Adams of the 125th, Grier of the 131st, and others: A Bill to be entitled an Act to create a system of Traffic Courts pur suant to the Constitution of Georgia for each city of this State hav ing a population of more than 300,000, giving to such courts jurisdic tion to try offenses against the traffic laws of this State and offenses against traffic ordinances committed within the territorial jurisdiction of such cities; and for other purposes. Referred to the Committee on Local Affairs. HB 508. By Messrs. Vaughn, Palmer and Malone of the 117th: A Bill to be entitled an Act to abolish present mode of compensating the Coroner of Rockdale 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. TUESDAY, FEBRUARY 28, 1967 757 HB 509. By Messrs. Rowland of the 48th, Doster of the 73rd and Peterson of the 59th: 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 provide that the benefits and funds shall be exempt from attachment, garnish ment, taxation, levy, and sale and any other process; and for other purposes. Referred to the Committee on Special Judiciary. HB 510. By Messrs. Ware and Mullinax of the 42nd: A Bill to be entitled an Act to amend Code Section 114-101, relating to Workmen's Compensation, so as to provide that Workmen's Compensa tion insurance coverage on employees of certain county boards of edu cation shall only be paid from education funds; and for other purposes. Referred to the Committee on Education. HR 167-510. By Messrs. Lambros of the 130th, Adams of the 125th, Sims of the 131st, Cates of the 123rd and others: A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly, in its discretion, to create a new court or system of courts in and for each city of this State having a population of more than 300,000; and for other purposes. Referred to the Committee on Local Affairs. HR 168-510. By Messrs. Sims of the 121st and Lambros of the 130th: A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide for the compensation of holders of interest in real estate whose interests therein suffer a de cline in value as a result of the installment or construction of any public improvement project; and for other purposes. Referred to the Committee on Special Judiciary. HR 169-510. By Mr. Colwell of the 5th: A Resolution compensating Eddie Mae Greenway; and for other pur poses. Referred to the Committee on Appropriations. HB 511. By Mrs. Hamilton of the 137th, Messrs. McClatchey of the 138th, Egan of the 141st, Sims of the 131st, Brown of the 135th, Adams of the 125th and others: A Bill to be entitled an Act to provide for a Board of Elections in 758 JOURNAL OF THE HOUSE, each county of this State having a population of more than 500,000; and for other purposes. Referred to the Committee on Local Affairs. HB 512. By Messrs. Farrar and Walling of the 118th: A Bill to be entitled an Act to provide for indemnification to persons or the dependents of such persons for death, personal injury or prop erty damage sustained in preventing the commission of a crime, in apprehending a criminal, 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. HB 513. By Messrs. Funk of the 116th, Whaley and Tye of the 115th, Berry and Gignilliat of the 113th and Gaynor of the 114th: A Bill to be entitled an Act to regulate the taking, capturing, or killing of diamondback terrapins in the waters of this State; and for other purposes. Referred to the Committee on Game and Fish. HB 514. By Messrs. Ware and Mullinax of the 42nd, Palmer of the 117th, Blalock and Potts of the 33rd, Moate of the 39th and Threadgill of the 32nd: A Bill to be entitled an Act to amend Code Section 92-3109 relating to deductions in computing net income for income tax purposes, so as to authorize an additional deduction for contributions to a church or a convention or association of churches; and for other purposes. Referred to the Committee on Ways and Means. HB 515. By Messrs. Matthews and Farmer 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, so as to increase the membership of the board of education; and for other purposes. Referred to the Committee on Local Affairs. HB 516. By Messrs. Matthews and Farmer 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, so as to provide that no educational tax shall be levied at a rate in excess of 20 mills, unless the provisions of Article VIII, Sec- TUESDAY, FEBRUARY 28, 1967 759 tion XII, Paragraph I of the Constitution are complied with; and for other purposes. Referred to the Committee on Local Affairs. HB 517. By Messrs. Matthews and Farmer of the 29th: A Bill to be entitled an Act to repeal an Act entitled "An Act to in corporate the Town of Whitehall, to confer power upon the mayor and council thereof; and for other purposes. Referred to the Committee on Local Affairs. HB 518. By Messrs. Jenkins, Westlake and Higginbotham of the 119th, Malone, Palmer of the 117th, Farrar, Harris and Walling of the 118th: A Bill to be entitled an Act to provide for one additional judge of the Superior Courts of the Stone Mountain Judicial Circuit, so as to increase the number of judges in said Circuit to five; and for other purposes. Referred to the Committee on Special Judiciary. HB 519. By Mr. Levitas of the 118th: A Bill to be entitled an Act to amend an Act amending, revising and perfecting the present corporation laws of this State, 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 pur poses. Referred to the Committee on Judiciary. HB 520. By Mr. Levitas of the 118th: A Bill to be entitled an Act to amend an Act amending, revising and perfecting the present corporation laws of this State, so as to change the provisions relating to the issuance of stock and the designations, preferences and other rights of the several classes of stock; and for other purposes. Referred to the Committee on Judiciary. HB 521. By Mr. Brantley of the 63rd: A Bill to be entitled an Act to amend an Act incorporating the City of Metter, approved August 16, 1920, so as to change the compensation of the mayor, mayor pro tern, councilmen and city clerk; and for other purposes. Referred to the Committee on Local Affairs. 760 JOURNAL OP THE HOUSE, HB 522. By Messrs. Jones of the 112th and McClatchey of the 138th: A Bill to be entitled an Act to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain resi dential property subject to a prior lien or security deed approved March 16, 1966, so as to further define certain terms; and for other purposes. Referred to the Committee on Special Judiciary. HB 523. By Mr. 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 compensation of the Attorney General; and for other purposes. Referred to the Committee on State of Republic. HB 524. By Mr. Farmer of the 29th: A Bill to be entitled an Act to create the Athens-Clarke County Charter Commission; and for other purposes. Referred to the Committee on Local Affairs. HB 525. By Messrs. Snow and Crowe of the 1st, Harris and Vaughan of the 14th, Dickinson of the 27th, Minge and Lowrey of the 13th and others: A Bill to be entitled an Act for publication or distribution of a state ment of financial condition of each incorporated municipality; and for other purposes. Referred to the Committee on Local Affairs. HB 526. By Mr. Conner of the 91st: A Bill to be entitled an Act to amend Code Chapter 56-17 of the Georgia Insurance Code, relating to non-profit hospital service cor. porations, so as to provide that a majority of the directors of such corporation must be subscribing members who are entitled to receive such hospital services and that the remaining directors may be but are not required to be directors, superintendents, or trustees of such hos pitals; and for other purposes. Referred to the Committee on Insurance. HB 527. By Mr. Conner of the 91st: A Bill to be entitled an Act to amend Code Chapter 56-18 of the Georgia Insurance Code, relating to non-profit medical service cor porations, so as to provide that the solicitation of contracts or sub scription certificates by certain persons or the display of advertising TUESDAY, FEBRUARY 28, 1967 761 material on the premises of certain hospitals and institutions shall be deemed an unfair and improper practice; and for other purposes. Referred to the Committee on Insurance. HB 528. By Mr. Conner of the 91st: A Bill to be entitled an Act to amend Code Chapter 56-17 of the Geor gia Insurance Code, relating to non-profit hospital service corporations, so as to limit the authority of such corporations to contract and operate; and for other purposes. Referred to the Committee on Insurance. HB 529. By Mr. Conner of the 91st: A Bill to be entitled an Act to amend Code Chapter 56-18 of the Georgia Insurance Code, relating to non-profit medical service corpora tions, so as to change the composition of members required on the board of directors; and for other purposes. Referred to the Committee on Insurance. HB 530. By Messrs. Barber of the 24th, Irvin of the llth, Russell of the 92nd, Parker of the 55th, Gay of the 60th and Moore of the 12th: A Bill to be entitled an Act to amend an Act creating the Georgia State Scholarship Commission, so as to authorize the Commission to accept and use contributions for the purpose of the Commission; to authorize the Commission to enter into contracts with the Federal government to secure benefits of Federal financial aid programs for students; and for other purposes. Referred to the Committee on University of Georgia. HB 531. By Messrs. Barber of the 24th, Irvin of the llth, Russell of the 92nd, Parker of the 55th, Gay of the 60th and Moore of the 12th: 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 change definition of the term "college"; and for other purposes. Referred to the Committee on University of Georgia. HB 532. By Messrs. Cooper of the 103rd, Wilson and Henderson of the 102nd and McDaniell of the 101st: A Bill to be entitled an Act to amend an Act incorporating the Town of Elizabeth in the County of Cobb, so as to change the corporate limits of said city; and for other purposes. Referred to the Committee on Local Affairs. 762 JOURNAL OP THE HOUSE, HE 178-532. By Messrs. Grier of the 132nd, Hood of the 124th, Lambros of the 130th, Gates of the 123rd, Dillon of the 128th and Cox of the 127th: A Resolution creating an interim committee to study the problem of school drop-outs; and for other purposes. Referred to the Committee on Rules. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 454. By Messrs. DeLong and Sherman of the 105th, Fleming and Maxwell of the 106th, Dent and Cheeks of the 104th: A Bill to be entitled an Act to amend the Charter of the City of Augusta, so as to provide that vote recorders as authorized for use by the Georgia General Election Code may be used in all elections of the City of Augusta; and for other purposes. HB 455. By Messrs. DeLong and Sherman of the 105th, Fleming and Maxwell of the 106th, Dent and Cheeks of the 104th: A Bill to be entitled an Act to provide that in all counties of this State having a population of not less than 125,000 nor more than 140,000, the governing authorities of such counties shall provide a dump for the deposit of trash and refuse for the citizens of said county; and for other purposes. HB 456. By Messrs. Harrington and Chandler of the 47th: A Bill to be entitled an Act to provide that in the event a salary adjustment applicable to all Merit System employees of a department of state government is approved by the State Personnel Board, and by the State Budget Bureau, then no Merit System employee may receive such an adjustment unless all other Merit System employees of that department receive the adjustment; and for other purposes. HB 457. By Messrs. Wood, Williams and Cooper 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 provide for a runoff election in the event a tie vote between or among candidates, or in the event no candidate receives a majority of the votes cast; and for other purposes. HB 458. By Mr. Wells of the 30th: A Bill to be entitled an Act to amend an Act incorporating the City of Crawford, so as to change the corporate limits of said municipality by incorporating additional land therein; and for other purposes. TUESDAY, FEBRUARY 28, 1967 763 HB 459. By Mr. Dodson of the 107th: A Bill to be entitled an Act to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for an exemp tion of the tax on equipment and apparatus, and materials used in the construction thereof, whether constructed or assembled at the site of use or not, used directly in the manufacture of tangible personal property; and for other purposes. HB 460. By Mr. Ross of the 31st: A Bill to be entitled an Act to amend an Act establishing a board of commissioners of roads and revenues of Wilkes County, so as to pro vide for staggered terms for the commissioners of roads and revenues; and for other purposes. HB 461. By Mr. Ross of the 31st: A Bill to be entitled an Act to amend an Act placing the sheriff, ordinary and clerk of the superior court of Wilkes County on an annual salary in lieu of the fee system of compensation, so as to change the compensation received by the sheriff; and for other pur poses. HB 462. 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 revenues for Lincoln County, so as to change the compensation of the chairman of the board; and for other purposes. HB 463. By Mr. Dodson of the 107th: A Bill to be entitled an Act to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for optional payment of sales and use tax imposed upon lessees of tangible per sonal property by permitting a lump sum payment of such tax at the inception of a lease based upon the fair market value of the tangible property leased; and for other purposes. HB 464. By Messrs. Mason and Nash of the 22nd: A Bill to be entitled an Act to authorize certain counties in this State to establish and maintain a law library; and for other purposes. HB 465. By Messrs. Mason and Nash of the 22nd: A Bill to be entitled an Act to amend the Civil and Criminal Court of Gwinnett County, so as to change the jurisdiction of the Court; and for other purposes. 764 JOURNAL OF THE HOUSE, HB 466. By Messrs. Mason and Nash of the 22nd: A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit so as to provide for a Court Reporter and a secretary; and for other purposes. HB 467. By Mr. Savage of the 58th: A Bill to be entitled an Act to abolish the City Court of Ellaville in the County of Schley; and for other purposes. HB 468. By Messrs. Clarke of the 45th, Steis of the 100th, Lowrey of the 13th, Smith of the 44th, McClatchey of the 138th, Lee of the 79th, Wilson of the 109th and others: A Bill to be entitled "The Sunday Business Activities Act to prohibit certain business activities on Sunday"; and for other purposes. HB 469. By Mr. Farmer of the 29th: A Bill to be entitled an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that the exemp tion of the tax levied by this Act shall not apply to the sale of drugs by prescription or the sale of food for human consumption by grocery stores and similar establishments to ultimate consumers; and for other purposes. HB 470. By Messrs. Hood of the 124th, Lane of the 126th, Bond of the 136th, Lambros of the 130th, Cates 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 pro vide for additional members of said authority; and for other purposes. HB 471. By Mr. Doster of the 73rd: A Bill to be entitled an Act to amend an Act incorporating the City of Scotland, so as to effectuate a change in the date the annual Gen eral Election for the City of Scotland is held; and for other purposes. HB 472. By Messrs. Murphy of the 26th, Caldwell of the 51st, Irvin of the llth, Brown and Melton of the 34th and Busbee of the 79th: A Bill to be entitled an Act to amend an Act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials, so as to change the com pensation of the State Supervisor of Purchases; and for other pur poses. TUESDAY, FEBRUARY 28, 1967 765 HB 473. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 38th: A Bill to be entitled an Act to provide that the State Highway De partment of Georgia shall be entitled to receive and expend the three percentum non-matching funds from the Federal Government, pursuant to the provisions of Title 23, United States Code; to declare legislative intent; and for other purposes. HB 474. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 38th: A Bill to be entitled an Act to provide for the control of outdoor adver tising adjacent to any State-aid road which also is a part of the Inter state and Primary Systems of Highways, and for other administration of such controls; and for other purposes. HB 475. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 38th: A Bill to be entitled an Act to regulate and control junk yards along highways, to provide for the purposes of this Act; and for other pur poses. HB 476. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 38th: A Bill to be entitled an Act to amend the "Exemptions From Taxation" Act, so as to include within the property which shall be exempt from taxation property which is used in or a part of any facility which has been installed or constructed for the primary purpose of reducing air and water pollution; and for other purposes. HB 477. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 38th: A Bill to be entitled an Act to amend an Act simplifying the operations of the Executive Branch of the State Government, so as to provide the Joint-Secretary shall schedule the time and place for all hearings; to provide that all orders and processes of the several examining boards shall be signed and attested by the Joint-Secretary; and for other purposes. HB 478. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th, Jones of the 76th and Lambert of the 38th: 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 include from the terms "Retail sales" and "sale at retail" tangible personal property which is used in or is a part of any facility which has been 766 JOURNAL OP THE HOUSE, installed or constructed for the primary purpose of reducing air and water pollution; and for other purposes. HR 158-478. By Mr. Cato of the 89th: A Resolution compensating Mr. Leslie Hall; and for other purposes. HR 159-478. By Mr. Dollar of the 89th: A Resolution compensating Mr. C. R. Strickland; and for other pur poses. HR 160-478. By Mr. Bowen of the 69th: A Resolution compensating Mr. George M. Causey; and for other pur poses. HR 161-478. By Mr. Hill of the 121st: A Resolution compensating Mr. and Mrs. E. R. Smith; and for other purposes. SB 9. By Senator Minish of the 48th: A Bill to be entitled an Act to amend Code Chapter 84-11, so as to provide that the testimony and reports of any optometrist licensed to practice in the State of Georgia shall be received by the state and any political subdivision thereof; and for other purposes. SR 11. By Senators Wesberry of the 37th and Maclntyre of the 40th: A Resolution designating the North Fulton Special Choir as the Offi. cial State Chair; and for other purposes. SR 25. By Senators Wesberry of the 37th, Bateman of the 27th and Conway of the 41st: A Resolution establishing a Code of Ethics for Government Service within the State of Georgia and all governments therein; and for other purposes. SB 61. By Senator Ward of the 39th: A Bill to be entitled an Act to amend Code Title 49, so as to provide for the dispensing with the necessity of appointing a guardian for TUESDAY, FEBRUARY 28, 1967 767 certain minors and incompetent persons when the personal property of a minor does not exceed $1,000.00; and for other purposes. SB 62. By Senator Ward of the 39th: A Bill to be entitled an Act to amend Code Section 107-203, relating to bail required for certain proceedings instituted for the recovery of personal property; and for other purposes. SB 76. By Senators Searcey of the 2nd, Moore of the 31st, Kennedy of the 4th and others: A Bill to be entitled an Act to amend an Act entitled the "Georgia Election Code", so as to provide that any person qualifying by nomi nation petition shall be required to pay the cost incurred by the Secre tary of State or Ordinary in examining such petition; and for other purposes. SB 80. By Senators Abney of the 53rd and London of the 50th: A Bill to be entitled an Act to amend an Act revising the adoption laws in Chapter 74-4 of the Code of 1933, so as to provide that where a decree has been entered by a superior court of this State or any other state ordering the father to support a child and the father has wantonly and willfully failed to comply for a period of 12 months or longer, the consent of said father shall not be required and the consent of the mother alone shall suffice in any proceedings for adoption relative to such child; and for other purposes. SB 85. By Senators Johnson of the 42nd and Coggin of the 35th: A Bill to be entitled an Act to enact the Highway and Traffic Safety Coordination Act of 1967; and for other purposes. SB 103. By Senator Holley of the 22nd: A Bill to be entitled an Act to amend the Uniform Act Regulating Traffic on Highways, so as to provide for an exception to driving on the right side of the roadway; and for other purposes. Mr. Matthews of the 94th, Chairman of the Committee on Agriculture, sub mitted the following report: Mr. Speaker: Your Committee on Agriculture has had under consideration the following 768 JOURNAL OF THE HOUSE, Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 431. Do Pass as Amended. HB 249. Do Pass. HB 430. Do Pass. HB 428. Do Pass. Respectfully submitted, Matthews of 94th, Chairman. Mr. Smith of the 3rd, Chairman of the Committee on Hygiene & Sanita tion, submitted the following report: Mr. Speaker: Your Committee on Hygiene & Sanitation has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 427. Do Pass. HB 397. Do Pass. Respectfully submitted, Smith of 3rd, Chairman. 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 306. Do Pass by Committee Substitute. HB 58. Do Pass by Committee Substitute. HB 267. Do Pass. HB 275. Do Not Pass. SB 80. Do Pass. TUESDAY, FEBRUARY 28, 1967 769 HB 422. Do Pass. HB 396. Do Pass. HB 374. Do Pass. Respectfully submitted, Harris of 118th, Chairman. 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 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 259. Do Pass. HB 136. Do Not Pass. Respectfully submitted, Williams of 16th, Chairman. Mr. Steis of the 100th, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations: HB 468. Do Pass as Amended. HB 325. Do Pass. SB 60. Do Pass. SB 84. Do Pass. HB 417. Do Pass. Respectfully submitted, Steis of 100th, Chairman. 770 JOURNAL OF THE HOUSE, Mr. Chandler of the 47th, Chairman of the Committee on State Institutions & Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions & Property has had under considera tion the following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations: HR 22- 49. Do Pass. HR 149-423. Do Pass. HR 122-311. Do Pass by Substitute. Respectfully submitted, Colwell of 5th, Secretary. Mr. McCracken of the 49th, Chairman of the Committee on State of Re public, submitted the following report: Mr. Speaker: Your Committee on State of Republic has had under consideration the fol lowing Bills and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations : HB 414. Do Not Pass. HB 68. Do Pass as Amended. HB 81. Do Pass by Substitute. HB 230. Do Pass. HB 336. Do Pass by Substitute. HB 164. Do Pass. HB 84. Do Pass by Substitute. HB 205. Do Pass by Substitute. HB 441. Do Pass as Amended. HB 254. Do Pass. HB 402. Do Pass. HB 472. Do Pass. TUESDAY, FEBRUARY 28, 1967 771 HR 141-403. Do Pass. SB 4. Do Pass. Respectfully submitted, McCracken of 49th, Chairman. Mr. Melton of the 34th, 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 342. Do Pass by Substitute. HB 476. Do Pass. HB 478. Do Pass. HB 279. Do Pass. HB 421. Do Not Pass. Respectfully submitted, Melton of 34th, Chairman. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit: SB 71. By Senator Moore of the 31st: A Bill to be entitled an Act to change the terms of office of the initial members of the Board of Education of the Polk School District elected from the Cedar Lake-Fite School attendance area and the Fish CreekAntioch school attendance area; and for other purposes. SB 95. By Senator McGill of the 24th: A Bill to be entitled an Act to create a new charter for the City of Crawfordville; and for other purposes. 772 JOURNAL OF THE HOUSE, SB 119. By Senators Bateman of the 27th and Adams of the 26th: A Bill to be entitled an Act to amend an Act entitled "An Act to reenact the charter of the City of Macon, etc." approved August 3, 1927, as amended, so as to change the provisions relating to the number of wards within said city; to provide for nomination of candidates for Mayor and Aldermen; to provide that the Mayor shall be eligible to succeed himself; and for other purposes. The Senate has passed by substitute by the requisite constitutional majority, the following Bill of the House, to-wit: HB 40. By Messrs. Murphy of the 26th, Caldwell of the 51st, and Irvin of the llth: A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the operat ing of the agency of the State provided for herein; and for other purposes. Mr. Speaker: The Senate has passed as amended by the requisite constitutional majority the following Bill of the House, to-wit: HB 206. By Mr. Crowe of the 80th: A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Worth County into the office of the tax com missioner; and for other purposes. The Senate has passed by the requisite constitutional majority the follow ing Bills of the House, to-wit: HB 70. By Messrs. Harris of the 118th and Johnson of the 25th: A Bill to be entitled an Act to amend Code Section 88-112 of the Code of Georgia, so as to establish the salary of the Director of the State Department of Public Health; and for other purposes. HB 99. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to amend an Act entitled "Carrollton ad valorem tax rate", so as to change the limit of the ad valorem tax rate on all real and personal property within the corporate limits of said City; and for other purposes. TUESDAY, FEBRUARY 28, 1967 773 HB 189. By Mr. Smith of the 44th: A Bill to be entitled an Act to provide for the election of members of the Board of Education of Pike County; to provide for education dis tricts; and for other purposes. HB 200. By Messrs. Scarlett and Harris of the 85th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Glynn County, so as to pro vide for a five-member Board; and for other purposes. HB 210. By Messrs. Harrison of the 98th, Branch of the 74th, and others: A Bill to be entitled an Act to add one additional judge of the Supe rior Courts of the Brunswick Judicial Circuit; and for other purposes. HB 227. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act supplementing the com pensation of the Ordinary of Long County, so as to change the compensa tion of the Ordinary; and for other purposes. HB 228. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Long County on an annual salary in lieu of the fee system, so as to provide for the depositing of funds collected by the sheriff; and for other pur poses. HB 229. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act establishing the Commis sioners of Roads and Revenues for Long County, so as to change the compensation of the commissioners; and for other purposes. HB 237. By Mr. Holder of the 70th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Dodge County, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes. HB 238. By Mr. Kirksey of the 87th: A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Miller County into the office of the tax commissioner; and for other purposes. 774 JOURNAL OF THE HOUSE, HB 284. By Messrs. Whaley and Tye of the 115th, Smith and Gaynor of the 114th, and others: A Bill to be entitled an Act to amend an Act amending, revising and consolidating the several acts granting corporate authority to the Town of Tybee, so as to change the hours of voting in municipal elections; and for other purposes. HB 297. By Messrs. Snow, Crowe and Hale of the 1st: A Bill to be entitled an Act incorporating the City of Rossville, so as to change the compensation of the mayor and councilmen, city clerk, treasurer, and tax collector; and for other purposes. HB 305. By Messrs. Dean and Moore of the 20th: A Bill to be entitled an Act amending, consolidating and superseding the several Acts incorporating the Town of Rockmart, so as to provide that the mayor and councilmen shall be eligible to succeed themselves; and for other purposes. HB 317. By Messrs. Bennett, Sullivan and Barfield of the 95th: A Bill to be entitled an Act to create and incorporate the Town of Dasher in the County of Lowndes; to grant a charter to that municipali ty under that name and style; and for other purposes. HB 318. By Mr. Savage of the 58th: A Bill to be entitled an Act to implement the constitutional amendment creating the "Schley County Development Authority"; and for other purposes. HB 323. By Messrs. Howard and McDaniel of the 101st, and others: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, so as to increase the corporate limits; and for other purposes. HB 181. By Messrs. Bennett of the 95th, Fallin of the 94th, Oglesby of the 92nd, Reaves of the 99th and others: A Bill to be entitled an Act to amend an Act providing for a salary system in lieu of a fee system for the Solicitor General of the Southern Judicial Circuit, so as to change the compensation of said Solicitor General; and for other purposes. TUESDAY, FEBRUARY 28, 1967 775 HB 194. By Messrs. Harris of the 85th and Harris of the 118th: A Bill to be entitled an Act to amend an Act revising pretrial, trial and certain post trial procedure in civil cases known as the "Georgia Civil Practice Act", so as to postpone the effective date of said Act; and for other purposes. By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 425. By Mr. Dailey of the 66th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Coleman, so as to provide for the manner in which municipal elections of the City of Coleman shall be held and conducted; 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 121, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 426. By Mr. Dailey of the 66th: A Bill to be entitled an Act to amend an Act incorporating the Town of Coleman, as amended, so as to change the name of said town from the Town of Coleman to the City of Coleman; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 121, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 434. By Mr. Bostick of the 93rd: A Bill to be entitled an Act to amend an Act placing the Sheriff of Tift County on a salary basis, so as to change the total amount of compensa- 776 JOURNAL OF THE HOUSE, tion to be paid deputies, jailers, clerks and assistants and to provide for the replacement of automobiles used by 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 121, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 435. By Messrs. Bennett, Barfield and Sullivan of the 95th: A Bill to be entitled an Act creating a Small Claims Court for Lowndes County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 121, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 436. By Messrs. Lane and Nessmith of the 64th: A Bill to be entitled an Act to amend an Act incorporating the town of Portal, so as to provide that the Mayor and Council of the town of Portal shall have power to impose fines not exceeding two hundred dollars in the punishment of offenders against any ordinances, by-laws or regulations of said town; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 121, nays 0. The Bill, having received the requisite constitutional majority, was passed. TUESDAY, FEBRUARY 28, 1967 777 HB 438. By Mr. Wells of the 30th: A Bill to be entitled an Act to provide for the election of members of the Board of Education 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 121, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 443. By Mr. Black of the 56th: A Bill to be entitled an Act to provide in the counties of the State of Georgia having a population of not less than 3,000 nor more than 3,250, that the clerk of the superior court shall attend the trial in the court of ordinary of all cases for violation of all traffic laws in said county; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 121, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 446. By Messrs. Ware and Mullinax of the 42nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of West Point, as amended, so as to authorize the sale of certain property; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 121, nays 0. The Bill, having received the requisite constitutional majority, was passed. 778 JOURNAL OF THE HOUSE, HB 451. By Messrs. Thompson and Shields of the lllth, Pickard, Jones and Buck of the 112th, Berry and Thompson of the 110th: A Bill to be entitled an Act to amend an Act approved July 25, 1927, abolishing the offices of tax receiver and tax collector of Muscogee County, as amended, so as to change the salary of the county tax com missioner therein specified; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 121, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 452. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to create the Carroll County Water Authority and to authorize such authority to acquire, construct, operate and main tain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns and municipal corporations; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 121, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 71. By Senator Moore of the 31st: A Bill to be entitled an Act to change the terms of office of the initial members of the Board of Education of the Polk School District elected from the Cedar Lake-Fite School attendance area and the Fish CreekAntioch school attendance area; and for other purposes. Referred to the Committee on Local Affairs. TUESDAY, FEBRUARY 28, 1967 779 SB 77. By Senator Dean of the 6th: A Bill to be entitled an Act to amend an Act revising the laws relating to the State Game and Pish Commission, so as to provide for temporary hunting and fishing privileges to personnel of the armed forces of the United States; and for other purposes. Referred to the Committee on Game and Fish. SB 95. By Senator McGill of the 24th: A Bill to be entitled an Act to create a new charter for the City of Crawfordville; and for other purposes. Referred to the Committee on Local Affairs. SB 119. By Senators Bateman of the 27th and Adams of the 26th: A Bill to be entitled an Act to amend an Act entitled "An Act to re-enact the charter of the City of Macon, etc.", so as to change the provisions relating to the number of wards within said city; and for other purposes. Referred to the Committee on Local Affairs. Under the general order of business established by the Committee on Rules, the following Bill and Resolutions of the House were taken up for consideration and read the third time: HR 70-162. By Mr. Parker of the 68th: A Resolution to amend a resolution authorizing the conveyance of a tract of State-owned property located in Sumter County; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 120, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 84-209. By Messrs. Chandler and Harrington of the 47th: A Resolution authorizing the disposal of a tract of land owned by the State of Georgia located in Baldwin County; and for other purposes. 780 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 112, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 60. By Messrs. Barber of the 24th and Matthews of the 29th: A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools, as amended, so as to provide that certain members who have attained the age 65 and who have completed 40 years or more of creditable service and who continue in service may continue to make contributions 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.: Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Branch Brantley, H. H. Brantley, H. L. Brown, C. Buck Busbee Caldwell Carnes Cates Chandler Cheeks Clarke Collins, J. F. Collins, M. Conner Cooper, J. R. Cox Crowe, William Crowe, W. J. Davis Dean DeLong Dent Dickinson Dodson Dorminy Doster Douglas Edwards Fallin Farmer Farrar Fleming Floyd Funk Gary Gignilliat Grahl Grier Hadaway Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harrison Henderson Higginbotham Holder Hood Howard Howell Hutchinson Irvin Johnson, A. S. TUESDAY, FEBRUARY 28, 1967 781 Johnson, B. Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Knapp Lambros Land Lane, Dick Lee, W. J. (Bill) Leonard Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McCracken McDaniell Melton Merritt Minge Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Newton Nimmer Northcutt Ogleshy Otwell Pafford Palmer Paris Parker, H. W. Parrish Peterson Phillips Poss Potts Reaves Richardson Roach Ross Rowland Rush Savage Scarlett Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, J. R. Smith, W. L. Stalnaker Starnes Steis Sullivan Thomas Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Tye Underwood Vaughn, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood Those not voting were Messrs.: Adams Alexander Anderson Ballard Bond Bostick Bowen Bray Brown, B. D. Cato Cole Colwell Cook Cooper, B. Dailey Daugherty Dillon Dixon Dollar Egan Gay Gaynor Hale Harris, R. W. Hill Jenkins Jones, C. M. Kirksey Laite Lambert Lane, W. J. Lee, W. S. Leggett Levitas Matthews, D. R. McClatchey Miller Murphy Nash Nessmith Odom Parker, C. A. Pickard Ragland Rainey Russell Smith, V. T. Snow Sweat Turner Wilson, J. M. Mr. Speaker On the passage of the Bill, the ayes were 152, nays 0. 782 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. The following- members of the House stated that they had been called from the floor of the House on matters of urgency, but wished to be recorded as voting "aye" on HB 60: Messrs. Sweat of the 83rd, Levitas of the 118th, Leggett of the 21st and Dickinson of the 27th. Mr. Funk of the 116th arose to a point of personal privilege and addressed the House. The Speaker announced the House would be at ease until 11:00 o'clock, A.M. The hour of 11:00 o'clock having arrived, the Senate appeared upon the floor of the House, and the Joint Session, convened for the purpose of hearing addresses by the Honorable Lurleen B. Wallace, Governor of the State of Alabama and the Honorable George C. Wallace, former Governor of the State of Alabama, was called to order by the President of the Senate. The Secretary of the Senate read HR 105, calling for the Joint Session. Accompanied by the Committee of Escort, His Excellency, Governor Lester G. Maddox, Honorable Lurleen B. Wallace, Honorable George C. Wallace and other distinguished guests appeared upon the floor of the House. The President of the Senate, Lieutenant Governor George T. Smith presented His Excellency, Governor Lester G. Maddox, who gave the following introductory remarks, after which he presented Honorable Lurleen B. Wallace, Governor of the State of Alabama: LT. GOVERNOR SMITH, SPEAKER SMITH, DISTINGUISHED MEMBERS OF THE GEORGIA GENERAL ASSEMBLY, DISTINGUISHED MEMBERS OF THE ALABAMA GENERAL ASSEMBLY, HONORED GUESTS, FELLOW GEORGIANS AND FELLOW AMERICANS: The ties between our beloved State of Georgia and our neighboring and sister State of Alabama throughout the course of our mutual histories have been warm and close. On many occasions Governors and other distinguished Alabama leaders have been welcomed to our Capitol Building and have spoken in this hallowed hall. TUESDAY, FEBRUARY 28, 1967 783 But perhaps at no time has Georgia had the unique distinction of welcoming the leaders of a sister state as is our pleasure today. It is with reflection that I remind our distinguished guests that Alabama was once a part of Georgia. Had there not been the trek westward and the creation of our sister state to the west, I cannot help but wonder who might be introducing whom on this occasion. Perhaps, though, the tides of history rolled correctly. In any event, I am sure that the Governor who distinguishes us by her presence is far prettier than either of her male counterparts is handsome. And, too, when courage, loyalty and devotion are measured, her measure would be full. This lady--this Governor--reminds me of the American women both sung and unsung of whom I have read in history. Those who helped build America. Those who stood side by side with their menfolk--when every day there was the very question of survival itself. I have been heartened and inspired as an American by the fact that this lady was willing to make a personal sacrifice far above and beyond the call of duty. She responded to the need of her State and to the call of its people. Our neighbors in Alabama rallied to her side and supported her and her cause against the most overwhelming odds. Truly, she honors us by her visit and by her presence. My friends, I present to you the Governor of the Great State of Alabama, Mrs. Lurleen Burns Wallace. The following address was delivered by Honorable Lurleen B. Wallace. Governor Maddox, Lt. Governor Smith, Speaker Smith, members of the Georgia Legislature, ladies and gentlemen. We appreciate the opportunity to address the Georgia Legislature and to extend to the people of Georgia the greetings and best wishes of your friends in Alabama. Our States have much in common. We are at the crossroads of the Southland--the hub of a dynamically growing region. The heritage of 784 JOURNAL OF THE HOUSE, the people of Alabama and of Georgia is one of self reliance and in dependence. We continue to be of the belief that we can achieve our goals, enjoy progress and experience greater prosperity without sacri ficing our rights of self-determination and self-reliance. The Southland has crossed the threshold of promise which has long been at our feet. Our story is evident to our fellow Americans, despite a concentrated effort on the part of some to keep it hidden or to change and distort it. Our accomplishments, while impressive, represent only a fraction of our potential. They do not begin to reflect the magnitude of our dream. As science and technology are advanced our civilization becomes more complex. Consequently, the problems of state government are more complex--actions and decisions more far-reaching. With the increased challenge, however, come increased opportunities for productivity--an ability for us to achieve greater accomplishments in shorter periods of time for the benefit of larger numbers of people. Age old concerns of state government continue to require the best leadership we can provide. Highway development, needs for constantly improving and expanding educational opportunities at all levels, con servation and wise use of natual resources--these and many more things have direct bearings on immediate industrial development and long range economic growth and security. These are matters that are of con cern to the peoples of both our states. In the years ahead, as transportation and communications techniques bring us even closer together there will be an ever-growing need for mutual cooperation. I predict that there will be a trend toward regional efforts--projects and programs that transcend state borders. States having common problems will work together for their solution. States having similar potentials will join together to achieve maximum benefits from them. Already such a program is underway. Georgia and Alabama were among the co-founders of the Southern Travel Directors Council, an organization of 11 Southeastern states joined together for mutual bene fit. The Council has made significant steps forward in their program to promote travel on a regional basis. This has not been done at the ex pense of individual state programs, but is an augmentation of those programs. It has set the pace for similar regional travel promotion efforts throughout the nation. Our region is blessed with an excellent climate. The most soughtafter beaches are in the Southland. Our rich historical heritage encom passes the development of America from the time of the first permanent settlement in this nation through the advent of the space age. An abundance of fresh, clean air and water, are, in themselves becoming attractions. These blessings enjoyed by our region are attractive to our fellow Americans of other areas and to our friends abroad. The develop ment of these resources, coupled with a joint effort by states of this TUESDAY, FEBRUARY 28, 1967 785 region to promote them, will be mutually beneficial for us as well as for those who travel South to share them with us. There are many other areas of mutual interest that may be advan tageously pursued by cooperative efforts. Different programs will com mand the attention of different groups of states. Cooperation on the regional level, in addition to facilitating the exploitation of commonly held resources, will be a safeguard of the free enterprise system. It will not deter competition, but will place competi tion on a higher level and a broader, more effective scale. The key to a brighter future is grasped in the hands of those dedi cated to working to build our region and our nation rather than depend ing on others for a living. Their example is proof of the wisdom of and the necessity for the free enterprise system. Although there have been some efforts on the part of news media to indicate to the contrary, the fact remains that the overwhelming majority of the people of Georgia are of a kindred spirit with their Alabama neighbors. We stand together in our firm determination to uphold the principles by which men establish a right relationship be tween man and God and a right relationship between a free people and their government. I am pleased to relate to our friends in Georgia that Alabama intends to continue to stand firm on the principles in which we hold solid conviction. We believe that our principles have universal validity and that the preservation of our nation, and perhaps even of Western Civilization, depends upon a successful defense of these prin ciples. The problem of successful defense transcends state borders and regional boundaries and the scope of the problem suggests the wisdom of cooperation and coordinated action on a broad front in order that maximum results be achieved. There is telescoping evidence of recognition and acceptance of this belief on a national basis. It comes by way of millions of cards and letters from throughout America; through scores of long distance tele phone calls and by word of mouth from Americans everywhere who think and feel as Georgians and Alabamians. I am convinced that it was a recognition of the national scope of our task that prompted the people of Alabama to honor me with the high office of Governor. We promised them--and we are fulfilling that promise--a continua tion of honest, efficient and economic state government. Their vote for me was a resounding vote of confidence in and support of our pledge to continue to stand up for Alabama, for America and for the constitu tion of our nation and the sound principles upon which it was founded. The people of Alabama, like my husband and I, stand for principles. We do not stand against people. 786 JOURNAL OP THE HOUSE, The duties and responsibilities of state government will never be completed; they will grow and multiply. We will strive to meet these demands, but we will work to safeguard the correct perspective--that government is the people's servant and not their master. Regardless of what our detractors imply, our beliefs and our prin ciples are the same as those who founded our nation. If we are wrong, they were wrong. But their concept of government for the benefit of men rather than men for the benefit of government is as correct today as it was almost 200 years ago. It will forever be so, for it is founded on a faith in God and an abiding belief in the free enterprise system. The South continues to supply the leadership for those throughout this nation and the world who believe that freedom is gained, defended and preserved through adherence to these principles. We will set the example for others to follow, and you can be assured that there are millions who want, expect and demand this kind of leadership. I know that the people of Georgia join the people of Alabama in accepting the challenge. We do so with anticipation. Thank you for your invitation. We are pleased to be with you today, and we hope that you will soon visit the State of Alabama. Thank you. Governor Maddox, in response to the address by Mrs. Wallace, gave the following introduction to the former Governor of Alabama, Honorable George C. Wallace: Thank you Governor Wallace. It is also a privilege for me on this occasion to present to you a gentleman whom I have known for many years and whose work I have followed and admired. Being still a young man, his career has been one of accomplishment and distinction. He served our nation in the U. S. Army Air Force during World War II. He began his political career after war in the Alabama Legislature representing Barbour County. He distinguished himself greatly as Judge of the Third Judicial District of Alabama after serving as an assistant State Attorney General. TUESDAY, FEBRUARY 28, 1967 787 He was elected Governor of Alabama in 1963 and left office in January of this year. His fight for Americanism has been one which he carried to all parts of the nation. The manner in which he has presented his case for sound government has been widely applauded and acclaimed. He is a liberty-loving American who has served his state and his nation with dedication. He, too, honors us by his visit and by the fact that he would take time away from a busy schedule to be with us on this occasion. It is, indeed, an honor for me to present to you the Honorable George C. Wallace. Honorable George C. Wallace, former Governor of Alabama, in his inimit able and forceful manner, discussed the many problems of concern to all citizens of the United States and of the free world. Senator McKenzie of the 17th moved that the Joint Session be now dissolved, and the motion prevailed. The President of the Senate announced the Joint Session dissolved. The Speaker called the House to order. The Speaker announced the House recessed until 1:40 P.M. AFTERNOON SESSION The following Resolutions of the House were read and adopted: HR 185. By Messrs. Cato of the 89th, Stalnaker of the 59th, Collins of the 62nd and Moate of the 39th: A RESOLUTION Congratulating the Honorable and Mrs. T. Hubert Dollar; and for other purposes. 788 JOURNAL OF THE HOUSE, WHEREAS, it has often been said that it takes a lot of sense to increase the amount of "Dollars" in the State; and WHEREAS, the Honorable Representative from District 89 and his lovely and gracious wife, Abbie, have taken this advice to heart; and WHEREAS, as a result thereof, the population of the great State of Georgia has this past Friday, February 24, 1967, been increased by one "Dollar"; and WHEREAS, on said date the family of Honorable and Mrs. T. Hubert Dollar was blessed with the arrival of Miss Tamara Helen Dollar. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body wishes to extend its heartiest congratulations to Honorable and Mrs. T. Hubert Dollar on the joyous occasion of the birth of Miss Tamara Helen Dollar. BE IT FURTHER RESOLVED that this body knows that Tamara will be blessed with the brains of her father and the beauty of her mother, and will be a continual source of great pride and happiness to her family and their many friends. 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 family of Miss Tamara Helen Dollar. HR 186. By Mr. Magoon of the 19th: A RESOLUTION Congratulating Ward Edwards; and for other purposes. WHEREAS, the month of February has long been chosen by famous personalities for the month of their birth; and WHEREAS, February is also the month in which a decision is made by another famous American personage as to whether we will be blessed with an early spring or continue to be buffeted by the harsh winds of winter; and WHEREAS, February is also the month in which famous archery tournaments are conducted by a certain devilish cherub, which result in turning a young man's fancy to thoughts of what a young girl has been thinking about all winter; and WHEREAS, there is a member of the General Assembly who em bodies all of the above, in that he is not afraid of his shadow, and his sharpened barbs have been known to pierce the thin skin of more sensi tive notables; and TUESDAY, FEBRUARY 28, 1967 789 WHEREAS, it is both fitting and proper that the month of February be further immortalized, for February 28th is the birthday of the above-mentioned Representative, the Honorable Ward Edwards. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby extends its heartiest con gratulations and best wishes to the Honorable Ward Edwards on this his 37th birthday. BE IT FURTHER RESOLVED that this body humbly beseeches the Honorable Ward Edwards to turn around and see if he can see his shadow, so that this body may know whether to expect a long session or a short session. HR 187. By Messrs. Irvin of the llth and Jones of the 76th: A RESOLUTION To amend HR 3 of the 1967 Session relative to officials, em ployees, and committees in the House of Representatives; and for other purposes. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that HR 3 of the 1967 Session, relative to officials, employees, and committees in the House of Representatives, is hereby amended as follows: By striking the last paragraph of Section 4 of Part III and insert ing in lieu thereof the following: "He is authorized to keep his office open during the entire period. He is also authorized to employ such personnel as provided for him in Part I of this Resolution and such personnel shall be compensated as provided in Part I." And by adding a new Section to Part III to read as follows: "6. The Administration Floor Leader and such personnel as he deems necessary are authorized to remain at the Capitol seven days after adjournment for the purpose of completing the work and records in his office. For each such day, such personnel shall be compensated in an amount not to exceed the compensation and ex penses received for each day during the regular session. The Ad ministration Floor Leader shall be furnished office space, and for each day spent on official business during the period covered by this part of the Resolution, such Administration Floor Leader shall be a committee of one and shall receive the expense, mileage and travel allowances authorized by law for members of interim com mittees. "He is authorized to keep his office open during the entire period. He is also authorized to employ such personnel as provided 790 JOURNAL OF THE HOUSE, for him in Part 1 of this Resolution and such personnel shall be compensated as provided in Part 1." The following Resolution of the House was read and referred to the Com mittee on Rules: HR 188. By Mr. Ward of the 2nd: A RESOLUTION Urging that the famous steam locomotive known as the GENERAL be returned to the State of Georgia for display at the railroad station at Ringgold, Georgia; and for other purposes. WHEREAS, Mr. William H. Kendall, President of the Louisville & Nashville Railroad Company, has graciously offered to return the famous steam locomotive known as the GENERAL to the State of Georgia; and WHEREAS, one of the most thrilling adventures in the history of warfare took place on April 12, 1862, during the Civil War, and involved two steam locomotives known as the GENERAL and the TEXAS; and WHEREAS, this great historical event has been immortalized in a motion picture entitled "The Great Locomotive Chase"; and WHEREAS, "The Great Locomotive Chase" ended within a few miles of Ringgold, Georgia, and the railroad station in that city would be an ideal place to display the GENERAL. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest appreciation to Mr. William H. Kendall, President of the Louisville & Nashville Railroad Company, for his kind offer to return the GENERAL to the State of Georgia. BE IT FURTHER RESOLVED that Mr. Kendall is hereby re quested and urged to take the necessary steps to transport the GENERAL to Ringgold, Georgia, at the earliest feasible time and to place it under the jurisdiction of the Georgia Historical Commission for display at the railroad station in Ringgold. 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. William H. Kendall, President of the Louisville & Nashville Railroad Company. Mr. Clarke of the 45th District, Chairman of the Committee on Local Affairs, submitted the following report: TUESDAY, FEBRUARY 28, 1967 791 Mr. Speaker: Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations: HB 302. Do Pass. HB 454. Do Pass. HB 455. Do Pass. HB 457. Do Pass. HB 458. Do Pass. HB 460. Do Pass. HB 461. Do Pass. HB 462. Do Pass. HB 465. Do Pass. HB 467. Do Pass. HB 471. Do Pass. HB 479. Do Pass. HB 480. Do Pass. HB 484. Do Pass. HB 485. Do Pass. HB 486. Do Pass. HB 487. Do Pass. HB 488. Do Pass. HB 489. Do Pass. HB 490. Do Pass. HB 494. Do Pass. HB 495. Do Pass. HB 497. Do Pass. HB 500. Do Pass. HB 501. Do Pass. HB 502. Do Pass. HB 503. Do Pass. HB 504. Do Pass. HB 516. Do Pass. HB 517. Do Pass. 792 JOURNAL OF THE HOUSE, HB 505. Do Pass. HB 508. Do Pass. HB 511. Do Pass. HB 521. Do Pass. HB 525. Do Pass. HB 532. Do Pass. HB 515. Do Pass. SB 82. Do Pass. HE 167-510. Do Pass. HB 413. Do Pass as amended. HB 442. Do Pass as amended. HB 466. Do Pass as amended. HB 368. Do Pass as amended. HB 491. Do Pass by substitute. Respectfully submitted, Clarke of the 45th. Chairman Mr. Vaughn of the 117th, Chairman of the Committee on Highways, submitted the following report: Mr. Speaker: Your Committee on Highways has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations: HR 14-33. Do Pass. HR 109-252. Do Pass. HB 392. Do Pass by Committee Substitute. HB 119. Do Pass. HB 437. Do Pass. HB 475. Do Pass. HB 473. Do Pass. HB 474. Do Pass. TUESDAY, FEBRUARY 28, 1967 793 SB 85. Do Pass. HB 445. Do Pass. Respectfully submitted, Vaughn of 117th, Chairman. By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 206. By Mr. Crowe of the 80th: A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Worth County into the office of tax commissioner; and for other purposes. The following Senate amendment was read: The County and Municipal Government Committee offers the following amendment to HB 206 by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: "Section 5. The tax commissioner of Worth County is hereby authorized to appoint one full-time deputy and two part-time depu ties to assist him in the performance of the duties of his office. The annual salary of the deputies of the tax commissioner shall be fixed by the governing authority of Worth County at its first regular meeting in January of each year. Said deputies shall be paid in equal monthly installments from the funds of Worth County. The tax commissioner, during his term of office, shall have the authority to designate and name the persons who shall be employed as such deputies, and to prescribe their duties and as signments. The tax commissioner may remove such deputies at any time with or without cause." Mr. Crowe of the 80th moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 103, nays 0. The motion prevailed, and the Senate amendment to HB 206 was agreed to. 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: 794 JOURNAL OF THE HOUSE, HB 295. By Messrs. Lambert of the 38th, Busbee of the 79th, Murphy of the 26th, McClatchey of the 138th, Richardson of the 116th, Wood of the 16th and Smith of the 3rd: A Bill to be entitled an Act to amend Code Title 56 relating to insurance, so as to provide for the procedure whereby the rates of insurance com panies shall be fixed and regulated; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To be entitled an Act To amend Title 56 of the Code of Georgia of 1933, relating to the regulation of the insurance industry, as amended, so as to provide for the regulation of insurance rates; to provide for standards applicable to rates; to provide for examination of admitted insurers, rating and advisory organizations, joint underwriters and reinsurers; to authorize the existence and operation of qualified rating organizations and advisory organizations; to require that specified rat ing services of such rating organizations be generally available to all admitted insurers; to authorize cooperation between insurers in rate making and other related matters; to provide for the filing of rates, rating plans, rating systems and underwriting rules, with the Insurance Commissioner; to provide for hearings; to provide for penalties; to repeal Code Chapters 56-5A, "Rates-Casualty, Surety and Vehicle In surance" and 56-5B, "Rates - Property, Marine and Transportation", and all other conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 Title 56 of the Code of Georgia, relating to the regulating of the insurance industry, as amended, is hereby amended by adding between Code Chapters 56-4 and 56-6 a new Chapter to be numbered 56-5 and to read as follows: "Chapter 56-5. Rates - Casualty, Surety, Vehicle Insurance, Property, Marine and Transportation. 56-501. Purpose and Intent of Chapter. 56-502. "Rating Organization" Defined. 56-503. "Advisory Organization" Defined. 56-504. "Member" and "Subscriber" Defined. 56-505. (Reserved). TUESDAY, FEBRUARY 28, 1967 795 56-506. Application of Chapter. 56-507. Standards Applicable to Rates. 56-508. Insurers Authorized to Act in Concert. 56-509. Same: Admitted Insurers with Common Ownership or Management: Matters Relating to Co-Surety Bonds. 56-510. Use of Rates, Rating Systems, Underwriting Rules and Policy or Bond Forms of Rating or Advisory Organizations: Agree ments to Adhere Thereto. 56-511. Exchange of Information or Experience Data: Con sultation with Rating Organizations and Insurers. 56-512. Agreements for Apportionment of Casualty Insurance: Approval of Commissioner: Review of Practices of Adherents: Re vocation of Approval. 56-513. Joint Underwriters and Reinsurers: Conduct of Opera tions in State: Membership of Subscription to Organization, etc., Not Complying with Chapter. 56-514. Rating Organizations; Existing Licenses Continued. 56-515. Same: Evidence Prerequisite to License. 56-516. Examination of Application and Investigation of Ap plicant: Issuance of License. 56-517. License Fee. 56-518. Rules Governing Eligibility for Membership. 56-519. Insurers with Common Ownership or Management. 56-520. Advisory Organizations. 56-521. Joint Underwriting and Joint Reinsurance. 56-522. Maintenance of Records: Necessity: Contents: Com pliance with Section: Place of Maintenance. 56-522.1 Filing of Rates, Rating Plans, Rating Systems, Under writing Rules. 56-523. Examination of Rating and Advisory Organizations, Joint Underwriters and Reinsurers: Acceptance of Report from Another State: Compliance with Chapter. 796 JOURNAL OP THE HOUSE, 56-524. Examination of Admitted Insurers. 56-525. Examination of Officers, Managers, Agents and Em ployees: Exhibition of Books, Etc. 56-526. Payment of Cost of Examination. 56-527. Review of Rate, Rating Plan or System, or Under writing Rule: Request: Failure to Grant Within 30 days as Rejec tion : Filing Complaint and Request for Hearing with Commissioner: Authority of Commissioner. 56-528. Noncompliance of Rate, Rating Plan or System: Notice by Commissioner. 56-529. Same: Hearing: Notice: Hearing Not to Include Addiitional Subjects. 56-530. Same: Issuance of Order: Suspension or Revocation of Certificate of Authority or License. 56-531. Same: Failure to Comply with Order: Suspension or Revocation of License or Certificate. 56-532. Same: Conduct of Proceedings: Powers of Commis sioner. 56-533. (Reserved). 56-534. Information Not to Be Wilfully Withheld. 56-535. Rebates Prohibited: Exclusion of Commissions, Divi dends, Etc. 56-536. Failure to Comply with Final Order of Commissioner: Penalty: Collection: To Be in Addition to Other Penalties: Wilful Violation of Chapter Misdemeanor. 56-537. Payment of Dividends, Etc., Not Prohibited or Regu lated: Plan for Payment Not Rating System. 56-538. Acts, Etc., Done by Authority of Chapter Not Viola tion of Other Laws. 56-539. (Reserved). 56-501. Purpose and Intent of Chapter. The purpose of this chapter is to promote the public welfare by regulating insurance rates as herein provided to the end that they shall not be excessive, inadequate or unfairly discriminatory, to authorize TUESDAY, FEBRUARY 28, 1967 797 the existence and operation of qualified rating organizations and ad visory organizations and require that specified rating services of such rating organizations be generally available to all admitted insurers, and to authorize cooperation between insurers in rate making and other related matters. It is the express intent of this chapter to permit and encourage competition between insurers on a sound financial basis and nothing in this chapter is intended to give the Commissioner power to fix and determine a rate level by classification or otherwise. 56-502. "Rating Organization" Defined. In this chapter "rating organization" means every person, other than an admitted insurer, whether located within or outside this State, who has as his object or purpose the making of rates, rating plans or rating systems. Two or more admitted insurers which act in concert for the purpose of making rates, rating plans or rating systems, and which do not operate within the specific authorizations contained in Sections 56-509, 56-511, 56-512, 56-522 and 56-523 shall be deemed to be a rating organization. No single insurer shall be deemed to be a rating organization. 56-503. "Advisory Organization" Defined. In this chapter "advisory organization" means every person, other than an admitted insurer, whether located within or outside this State, who prepares policy forms or makes underwriting rules incident to but not including the making of rates, rating plans or rating systems, or which collects and furnishes to admitted insurers or rating organiza tions loss or expense statistics or other statistical information and data and acts in an advisory, as distinguished from a rate making, capacity. No duly authorized attorney at law acting in the usual course of his profession shall be deemed to be an advisory organization. 56-504. "Member" and "Subscriber" Defined. Unless otherwise apparent from the context, in this chapter: (a) "Member" means an insurer who participates in or is entitled to participate in the management of a rating, advisory or other organization. (b) "Subscriber" means an insurer which is furnished at its request (1) with rates and rating manuals by a rating organization of which it is not a member, or (2) with advisory services by an advisory organization of which it is not a member. 56-505. (Reserved). 56-506. Application of Chapter. 798 JOURNAL OF THE HOUSE, The provisions of this chapter shall apply to all insurance on risks or on operations in this State, except: (a) Reinsurance, other than joint reinsurance to the extent stated in Section 56-521. (b) Life Insurance. (c) Accident and sickness insurance. (d) Insurance of vessels or craft, their cargoes, marine build ers' risks, marine protection and indemnity or other risks commonly insured under marine, as distinguished from transportation insur ance policies. Inland Marine insurance shall be deemed to include insurance now or hereafter defined by statute, or by interpretation thereof, or if not so defined or interpreted, by ruling of the com missioner or as established by general custom of the business, as inland marine insurance. (e) Insurance against loss of or damage to aircraft, insurance of hulls of aircraft, including their accessories and equipment, or insurance against liability arising out of the ownership, maintenance or use of aircraft. (f) Title insurance. (g) Workmen's compensation insurance: Provided, however, that the filings required by Section 114-609 may be made by a rating organization licensed in accordance with Sections 56-514 to 56-517, inclusive, This Chapter shall apply to all insurers, including stock and mutual companies, Lloyds associations and reciprocal and inter-insurance ex changes which, under any provisions of the laws of this State, write any of the kinds of insurance to which this Chapter applies. 56-507. Standards Applicable to Rates. The following standards shall apply to the making and use of rates pertaining to all classes of insurance to which the provisions of this chapter are applicable: (a) Rates shall not be excessive or inadequate, as herein de fined, nor shall they be unfairly discriminatory. No rate shall be held to be excessive unless (1) such rate is un reasonably high for the insurance provided and (2) a reasonable degree of competition does not exist in the area with respect to the classifica tion to which such rate is applicable. No rate shall be held inadequate unless (1) it is unreasonably low for the insurance provided, and (2) continued use of it would endanger TUESDAY, FEBRUARY 28, 1967 799 solvency of the insurer, or unless (3) the use of such rate by the in surer using same has, or will, if continued, tend to destroy competition or create a monopoly. (b) Consideration shall be given, to the extent applicable, to past and prospective loss experience within and outside this State, to conflagration and catastrophe hazards, to a reasonable margin for underwriting profit and contingencies, to past and prospective expenses both county-wide and those specially applicable to this State, and to all other factors, including judgment factors, deemed relevant within and outside this State; and in the case of fire insurance rates, consideration may be given to the experience of the fire insurance business during the most recent five-year period for which such experience is available. Consideration may also be given in the making and use of rates to dividends, savings or unabsorbed premium deposits allowed or re turned by insurers to their policy holders, members or subscribers. (c) The systems of expense provisions included in the rates for use by any insurer or group of insurers may differ from those of other insurers or groups of insurers to reflect the operating methods of any such insurer or group with respect to any kind of insurance, or with respect to any subdivision or combination thereof. (d) Risks may be grouped by classifications for the establish ment of rates and minimum premiums. Classification rates may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both. Such standards may measure 89 ~ sasuadxg; 00'SLL'800'T$"~"" saoiAjag 69-896T 89-i96T SB psaj 0} aq 'o^aaaqq. ^uauia[ddns aq^ ^q papuauiB SB ' aqq. ui s^oafqo o?. UOI^BDOHB aq^ ^Bq^ papiAOJj OO'OOO'880'I g OO'OOO'SSS'T $ --- ------------------- 69-896T 00'OOS'82S 00'009'SSg jo ^uauidopAap puB uot^Bjado (B) jo ------------~--~-~~----------------------- 69-896l: $-" --------------------------------- 89-i96T qD -ay; PUB uoi^BJojdxg s^BJauij\[ BiSjoaf) q^nog (q) 'asaoH am ^o avNanor THURSDAY, MARCH 16, 1967 1935 designated and committed to pay rentals to said Author ity to permit the issuance of bonds to finance new projects. H. Soil and Water Conservation Committee. For the cost of operating the State Soil and Water Conservation Committee. 1967-68 _.,,,,_,, _._._._ -_..__..__.._,,,,.,,______,,.$ 1968-69 ..... _________._______.____-_-,,$ 400,000.00 400,000.00 I. Stone Mountain Memorial Committee. For operating costs including costs of improvements by convict labor. 1967-68 ...._-..-..-.._.._-._-...-__.._.-._-..-__..._..__.,,_.........___.-._.-.....$ 1968-69 .. ._---^-._---....... _._...^--....,,..$ 250,000.00 250,000.00 J. Ocean Science Center of the Atlantic. 1967-68 _____.__._______________._____,...___..__-.-$ 1968-69 ___-..._^ ___.___._,,,,______,,_._.,,_.__-----$ 325,000.00 75,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1967-68 1968-69 Personal Services ___.___..___ $ 40,000.00 $ 50,000.00 Operating Expenses __,,..__ $285,000.00 $ 25,000.00 K. Department of State Parks--For Contract with Lake Lanier Island Development Authority. 1967-68 Operating Expenses _______ $ 50,000.00 CORRECTIONS Section 35. Corrections, State Board of. A. For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System. 1967-68 .,,..___.__.._......-.____..__...,,___.__....-.__._...,,...-_.._______.,,-.....$ 8,167,400.00 1968-69 _________.______________-______________-____.__________,,_-__________-____..$ 7,617.400.00 Provided, that no funds appropriated in this Section or otherwise available, shall be used to pay a salary in excess of the Director's salary, except salaries for physi- 1936 JOURNAL OF THE HOUSE, cians. Provided, that the allocation to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 1968-69 Capital Outlay ______.......___....$550,000.00 $ 0 B. Capital Outlay -- Authority Lease Rentals -- Annual Lease Payments to State Penal and Rehabilita tion Authority. 1967-68 .,,..._.____.,,_...._..,,...........__......__....._,,.-_..__.-..,,.....$ 1968-69 -.......,,_...__..................__,,....___....,,._._._...-_...$ 650,000.00 650,000.00 Provided that from the above appropriated amounts $250,000.00 in 1967-68 and $250,000.00 in 1968-69 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to finance projects at Alto, Reidsville, Milledgeville and Butts County. Section 36. Pardons and Paroles, State Board of. 1967-68 .......___.._...--..._._..-_.__........_..-_..._....._.___$ 1968-69 ......___..........._.________ ______ ___._-____,,__$ 918,000.00 918,000.00 Section 37. Probation, State Board of. For the cost of operating the statewide Probation System, adminis tered by the State Board of Probation. 1967-68 .__.___-______--_________._________$ 1,207,000.00 1968-69 ...__...._._._......_._.__._......_.____._........___..,,......._.....$ 1,207,000.00 EDUCATION Section 38. State Board of Education -- Department of Education. A. For matching vocational rehabilitation funds in cooperation with the Federal Government; for operation of vocational trade schools; for operation of public and rural library programs; for operation of School for the Deaf and Academy for the Blind; for programs for exceptional children; for grants in aid to the public com mon schools, under provisions of law; for free textbooks for children attending public common schools; for the salaries of county school superintendents; for the operat ing costs of the Department; for educational grants, in cluding the grants to teachers for scholarships, as pro vided by law; and for any other expense authorized by law, payable from the common school funds. 1967-68 ....__._....._............_......._..__......._...._......_._._......._$298,139,415.00 1968-69 _.-__.........__.--..._-.........__......___-..._.....-........-..$296,489,415.00 THURSDAY, MARCH 16, 1967 1937 Provided that the allocation to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 1968-69 Personal Services ...... $16,080,862.00 $16,080,862.00 Operating Expenses ,, $14,780,388.00 $14,780,388.00 Maintenance, Operation and Sick Leave .... $ 27,059,469.00 $27,059,469.00 Mid-Term Adjustments 934,291.00 934,291.00 Isolated Schools 66,135.00 66,135.00 Alto Maintenance, Operation and Sick Leave 16,972.00 16,972.00 Public Library Services and Materials 1,912,118.00 1,912,118.00 Contingency Fund Driver Education --0-- --0-- Summer Program --0-- --0-- Fellowships and Traineeships for Teachers of Exceptional Children 69,690.00 69,690.00 Provided, that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital outlay funds beyond the present biennium, unless such program or project has been specifically authorized by the General Assembly. Provided, however, that in those new program areas where federal funds are accepted by the State Board of Education under Code Section 32-413, the Budget Bureau shall reduce the appropriation for any item or part there of which can be financed with federal funds in lieu of State funds under the terms of the federal act, except for funds necessary to match such federal grants. Nothing in this Section shall be interpreted in such a way as to re duce eligibility of the State for federal funds or to authorize reduction of the State appropriation for pro grams for which commitments have already been made to local systems. Funds appropriated for Section 12 of MFPE Action No. 523 shall be paid for salaries of certificated profes sional personnel serving as principals, instructional supervisors, visiting teachers, librarians, guidance coun selors, and other certificated professional personnel. 1938 JOURNAL OF THE HOUSE, Funds in the amounts of $1,300,000.00 in 1967-68 are appropriated for the purpose of teaching manners, nutri tion, health and hygiene in the public schools during the lunchroom hour, using any foods and edible materials dur ing the course of instruction. Funds in the amounts of $351,200.00 in 1967-68 are appropriated to supplement the school lunch managers who will participate in the above program. The salary index value of 100 referred to in Section 9 of the Minimum Foundation Program of Education Act shall be a minimum of $4,800.00 as of the effective date of this Act. B. Capital Outlay -- Authority Lease Rentals. 1967-68 ..__._...__....___......__..._..__..__.__...__._......____...__._...___...._.__.$ 27,801,000.00 1968-69 --..-_.______-__.__,,$ 27,801,000.00 For Capital Outlay purposes, including Lease Rentals obligations of the State Board of Education, Department of Education to State School Building Authority in ac cordance with Lease Rental Contracts; provided that from the above appropriated amounts $2,000,000.00 in 1967-68 and $2,000,000.00 in 1968-69 is designated and committed for additional Capital Outlay purposes, including Lease Rentals to said Authority to permit the issuance of bonds to finance new projects. Section 39. Educational Improvement Council. 1967-68 ______,,___.__________._______$ 1968-69 ______ ___.___.____________.______..$ 99,694.00 99,694.00 Section 40. Higher Education Assistance Committee. 1967-68 ,,___._.-,,._____.___,,.,,_____ _____ __.,,,,_._,,_.__...$ 1968-69 ........................................................................ .^, 450,000.00 450,000.00 Provided that the allocation to objects in the Budget Report shall not apply and the Budget Bureau shall ap prove all expenditures by objects as provided by law. Section 41. Medical Education Board. For cost of operation of the State Medical Education Board, including the payment of medical scholarships as authorized by provisions of the Georgia State Constitu tion. 1967-68 ___.-.__.-_-__,--__-.___-__._________.,,_____,,_____$ 1968-69 ________________-_____--_-__-______-______,,____$ 177,500.00 177,500.00 THURSDAY, MARCH 16, 1967 1939 Provided that the allocation to objects in the Budget Report shall not apply and the Budget Bureau shall ap prove all expenditures by objects as provided by law. Section 42. State Board of Regents. A. The General cost of operation of the Board; for aid to the University System; for annual payment of $8,000.00 to the University of Georgia for old stock items; for scholarships authorized by law $200,000.00; for the support of research and for the cost of use and/or ac quiring additions to plant and equipment for the Univer sity System. 1967-68 -,,----- -_ _-.__,,-___.-.-,,.$ 96,727,000.00 1968-69 .___-..._,,.____...__...._.....__,,.......__._._....________...__.__...__.._..$ 93,227,000.00 Provided that the above appropriations shall be in addition to the funds realized by the respective units in each fiscal year from the Federal Government, donations, gifts, earnings from fees, rents, sales and any other source of income, and provided that from the above ap propriations the amount of $14,956,000.00 in 1967-68 and $14,956,000.00 in 1968-69 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided that from said appropria tion for lease rental the amount of $2,000,000.00 in 196768 and $2,000,000.00 in 1968-69 is designated and com mitted to pay rentals to the University System Building Authority to permit the issuance of new bonds to finance new projects. Provided none of the funds herein provided as capital outlay authority lease rental shall be available for the purchase of any books whatsoever. Provided that the State Board of Regents shall, within the first 30 days of each fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in each fiscal year to pay the annual lease contract commitments for the ac quisition of property as provided for in the provision of the State Constitution, and shall, second, apportion the remaining funds available to the various units to cover cost incident to the operation and development of the Uni versity System. The State Board of Regents shall immedi ately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing. Provided that, in addition to the funds herein pro vided, reserve funds of the Regents shall be applied so as to provide not less than $10,000,000.00 for "improved quality" purposes. No part of this appropriation, nor any funds realized by the State Board of Regents of the University System, or any school or college from the Federal Government, or from donations, gifts, earnings, fees, rents, sales or other 1940 JOURNAL OF THE HOUSE, sources of income shall be available for use or expendi ture until made available by a written order of the State Budget Authorities. Provided that funds from donations, gifts, earnings, fees, and any other source of income shall be available to support further lease rental agreements for dormitories and other school buildings, with the ap proval of the Budget Bureau. Such further contracts may be entered into not to exceed $750,000.00 per annum. B. Eugene Talmadge Memorial Hospital -- State Board of Regents. 1967-68 .................................I 5,282,000.00 1968-69 ___,,.. ______-_______-_,,---_----$ 5,282,000.00 Section 43. State Scholarship Commission. 1967-68 __________________________________-_________$ 1968-69 ___--____.__,,__-______-_______-_________,,____$ 824,660.00 824,660.00 Section 44. Teachers' Retirement System. For the State's contribution to the Teachers' Retire ment Fund, including the cost of administration. 1967-68 _.____________.__..______________,,_______._____.__.___$ 28,152,686.00 1968-69 ______________________________.____________$ 28,152,686.00 HEALTH AND WELFARE Section 45. Public Welfare, Department of Family and Children Services. A. For the cost of operation of the State Welfare Programs. 1967-68 _________....................................... ................. $ 2,744,000.00 1968-69 _______________..._____._______.______.$ 2,744,000.00 B. Benefits. For benefits to the aged, the blind, the permanently and totally disabled, and dependent children; and for children and youth care as authorized by law. 1967-68 _____________________________._________________$ 30,695,000.00 1968-69 __________________._____._________,,-.____________..$ 30,695,000.00 C. Grants to Counties for Administration and Serv ices. For the cost of participating with the Federal Government and counties in the administration of local welfare programs. 1967-68 .______-_____..____..........................^ 1968-69 __.,,______________.____.__..____$ 5,731,000.00 5,731,000.00 THURSDAY, MARCH 16, 1967 1941 Provided that medical care programs of physicians' services, X-ray and medical laboratory services, and social services in the adult programs shall be initiated only upon Federal approval of a State plan administered under Title XIX of the Federal Social Security Act. D. Institutions. For the cost of operation of the institutions under the administration of the Department of Family and Children Services, including construction costs of a new institution for girls, and grants to countyowned detention centers. 1967-68 -____________-__________,._________________-___-$ 6,645,000.00 1968-69 ----._---._-_--.__,,__--_,,__-______-.____---.-$ 4,533,000.00 Provided that the allocation to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 Operating Expenses _____ $3,366,200.00 Section 46. Public Health, Department of. A. Regular Operations. For the cost of operating the Department of Public Health, grants to counties for public health programs, services for crippled children, and the mental health program, including the purchase of services of private hospitals. 1967-68 ____-_______.__._,,___,,__--_____--__,,_--___--,,_--$ 12,062,000.00 1968-69 -_____-__,,-_-_._--___--__-_--_-------_,,-_-_-.___-$ 12,062,000.00 B. Alcoholic Rehabilitation Service. For the cost of conducting the Alcoholic Rehabilitation Program. 1967-68 ......__-....,,.-..._,,...._._-..-..-.-.-.-..-_,,..__.....,,__._._....$ 1968-69 ..___-.-.__-.-.____-....-_.-.-._-...__.--_----__--_-_.-.-$ 514,500.00 514,500.00 C. Atlanta Regional Hospital. For the cost of devel oping and operating the Atlanta Regional Hospital, in cluding pre-admission and post-discharge services. 1967-68 _-...._-.._.__--.-.____--..,,_--..----._---_--.-------.-----$ 1968-69 ,,____._______________,,____,,___._-_--_ ----- ----,,$ 50,000.00 50,000.00 D. Augusta Regional Hospital. For the cost of de veloping and operating the Augusta Regional Hospital, including pre-admission and post-discharge services. 1967-68 _____,,_.._____ _.__,,_ ____,,._--_______,,,,_,,___--___--$ 1968-69 _,,_-__._,,_-____-_-__,,__--_--------___-_--__---? 50,000.00 50,000.00 uofpru^suog sja^uaQ q^IBajj ie^u9j\[ A'qiunuiiuo;} PUB oi^BpjB^ay; iBC(uaj\[ aq; PUB 'papuauiB SB 'py aqq. jo suoistAOjd aq^ q}iAY aouBpjoooB in PUB 'spunj qqjBaq Ofiqnd aaq^o SB .lauuBui aures aq^ u; papuad -xa pus paaa^smtuipB aq o^ sai^jipej jB^idsoq Suiddmba PUB Suipnj^suoa 'Sutqsi|qB^sa ut suoisiAipqns oq. piB JDJ; uotqon^suoo OQ'000'082,'9 $----------------------------- 69-8961 00'000'06i'9 $------------------------------ 89-i96T oo'ooo'oss oo'ooo'oes '^uaiudmba jo asBqojnd aq^. Suipnpui '^B[^no [B^idBs aoj PUB 'saoiAaas aSjBqosip-^sod PUB uoissiuipB-ajd Suipnpui 'tB^idsojj PUB looqog a;^g pooAvaoBjf) aqq. Sui^B^ado jo q.soo aqq. joj; 'iBq-idsou pue [ooqog a^B^g pooAvaoBjf) j------------------------------ 69-896I j-------------------------------------- 89-i96I saoiAJas aSjBqssip-^sod PUB uoissiiupB-aad Suipnpui 'aa^uaQ uoi^BpjB^ajj BiSjoaj) aq^ Supejado pue SutdopA -ap jo ^SOD aqq. joj[ 'jaquaQ uoiqBpjBpy; BtSaoaf) - i 00'000'OOS'S g----------------------------------- 69-8961 OO'OOO'OOS'8 $----------------------------- 89-i96I 'saoiAJas aSjBqosip-qsod PUB uotssiuipB-ajd Suipnpui 'a^n^suj q^JBajj [B;uaj\[ Bigaoaf) aqq jo ^soo aqq. JO^ a;n;t^sui q^Bajj [Bq.uaj^[ BiSjoaQ 'jj 00'000'OOI'S g---------------------------- 69-896T OO'OOO'OOT'8 $-------------------------------------- 89-L96I puB uoissiuipe-ajd Suipnpui ' jo qsoo aqq saoiAjas A\au aouBuij o^. spuoq jo aouBnssi aqq. o^ ^uoq^ny piss o^ sp;uaj ^Bd o^ pa;;iuiuioD pus -Sisap si 69-8961 ! 00'000'STS^ PUB 89-A96T ! OO'OOO'SISj pa^BudoaddB aAoqB aq; UIGJJ ;Bq; papiAOjj 00'000'239'S 1 oo'ooo'sss'e $" jBnuuy 00'000'OOS -DB jo [Bjjoiuaj\[ aSpBiujej, auaSng Suumb jBnuuB ^^uoq^ny - g 'asnoH anx ztei -mi aq; jo qoea ut A\msBa.ix *WS aq; A"q paAiaoa.1 saxs; pnj jo^oui tuoaj paAuap A'auoui nB 1 pnba ;utioure UB ui aq neqs PUB 'uoj;n;i;suo3 a;B;g aq; jo 'y 'XI uoi;oag 'HA SPW-!V } ^uensand p ui aq o^ si uoi^oag siqq. u; spunj j[i3 jo f uoi^oag i aq^ JQJ pasn 9q ^IM. sasuadxg 00'000'OOT$ '^unouit? aAoqB aq^ jo }Bq} paptAOJj OO'OOO'SSS'8 $ OO'OOO'SSS'S $ -- 00'000'LSS 00'000'LSS OO'SSO'SSS'lf'J 00'8SO'888'TfS " sssuadxg OO'ISS'IS^'LSS OO'TSS'TS^'LS^ "'"" saoiAWg 69-896T 89-L96T :SA\O^OJ SB pBaj 0} aq \\v\is 'o^ajaq^ ^uauia^ddns aq^ ^q papuauiB SB ' aq^. ui s^oafqo oq. UO^BDOHB aq^ $---------------------------------- 69 -g96I j------------------------------ 89-L96I aq; jo suiBjSoid aq^ Supsnpuoo jo q.soo aq^ JD.J 'UOISIAIQ IOJ^UOQ X^tpn^ Jta^UjVi 'N 00'000'006'S j------------------------------ 69-g 96T 00'000'006'S $--------------------------------------- 89-i96I jo asBqoand aq^ Suipnput ' JDJ pus isaoiAaas aSjBqosip-^sod puB uoissimpB -ajd Suipnpui '^B^idsog a^B^g uja^ssA^q;nog aq^. jo ;soo aqq. ao^ '{B^idsojj a^B^g uaa^saAvq^nog oo'009'tet'fz j------ ------- - ---- ----------.------ 69.g96T 00'000'8i8'9S $------------------------------------------- g jo asBqoind aq; Suipnpui 'ABJ joj PUB isaoiAjas aSjBqosip-^sod PUB uoissira -pe-aad Suipnpui 'jB^idsojj a;B;g antAaSpanjM aq; SUJ;B -jado jo ;SOD aqq. 10^ 'i^idsojj e;B;g aijiAaSpanij^ >rj 00'000'000'S $-------------------------------------- 69-8961 00'000'000'S $-------------------------------------- 89-L96I q;[B3jj jo pJBog a;B;g aq; jo puB sajnj aq; pus 'ssajSuoQ sa;B;g pa;tuf[ aq; jo 2961 J L96T '9T HOHVW ' 1944 JOURNAL OF THE HOUSE, mediately preceding years, less the amount of refunds, re bate and collection costs authorized by law. The fiscal officers of the State are hereby directed to, as of July 1 of each fiscal year, determine the net collection of motor fuel tax received by the State Treasurer in the immedi ately preceding fiscal year and enter the full amount so determined on the records of the State as being the ap propriation payable in lieu of the amount appropriated herein. A. General Operations -- For general administrative cost of operating the Highway Department, including equipment and compensation claims. 1967-68 ---_---,,___--______________..________.-$ 7,998,161.00 1968-69 ................................................... .....................^ 7,998,161.00 B. Capital Outlay -- Authority Lease Rentals. 1967-68 _-_______-_____..______,,_______._--____-$ 19,900,000.00 1968-69 _.-......-.-.-__-...-...-__.-.......-..,,_.-.-..--_.....-____.........._$ 19,900,000.00 For Lease Rental obligations of the Highway Depart ment to Georgia State Highway Authority, the Georgia Rural Roads Authority and the State Office Building Authority in accordance with Lease Rental contracts now in existence or hereafter entered into in connection with new projects approved by the Highway Department. Provided that in the event that Lease Rental obliga tions shall be less than the amount herein appropriated, such excess amount may be used and is herein specifically appropriated for new authority lease rentals to permit the issuance of bonds to finance new projects. C. Maintenance and Betterments--Planning and Construction. For State matching participation in costs of construction, reconstruction, improvement in high ways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. Funds appropriated for each fiscal year shall be available for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State High way System of roads and bridges, and the costs incident thereto (provided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law). Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the State Highway Department may add, delete, and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided fur ther, that in order to meet the requirements of the Inter- THURSDAY, MARCH 16, 1967 1945 state System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 proj ects, the Budget Bureau is hereby authorized and di rected to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and constitutionally appropriated to the State Highway Department. Maintenance and Betterments-- 1967-68 .___...__.___________________-.____.--_.___$ 34,435,300.00 1968-69 ....................................................^ 34,435,300.00 Planning and Construction-- 1967-68 -----___,,--____-__.--$ 49,349,539.00 1968-69 _--..----.,,_---__,,__-__.._-___..$ 49,349,539.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1967-68 1968-69 Capital Outlay, Roadway ..._____.....$89,947,938.00 $89,947,938.00 Authority Lease Rental ________._____.____.$19,900,000.00 $19,900,000.00 D. Grants to Counties--For grants to counties for aid in county road construction and maintenance. 1967-68 ,,_____,,________..-___$ 4,817,013.03 1968-69 ............................. ^ 4,817,013.03 E. For grants to counties for aid in county road construction and maintenance. 1967-68 ___-__,,.--__,,-,,____,,--_____.---____--__._$ 4,500,000.00 1968-69 ...............................___-______--___-___-,,-___$ 4,500,000.00 Provided that the appropriations in D above shall be distributed and disbursed by the State Treasurer as provided by law. The sum appropriated under E shall be distributed and disbursed to the various counties of the State by the State Treasurer in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mile age in the State, as such mileage information is furnished by the State Highway Department. 1946 JOURNAL OF THE HOUSE, Provided further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Highway Department. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such county in any future year. F. Capital Outlay--Airport Development. 1967-68 ._..___..........___.___...,,._..___.__..-.._.________-.....-..__._____._.....$ 1968-69 ...__________ ....____........_...__._.... ..___.___.._.._______,,.........__._.$ 975,000.00 Provided that the above amount shall be expended as follows: (a) NAME OF AIRPORT State Funds ALBANY City of Albany and County of Dougherty Municipal $150,000.00 COLUMBUS County of Muscogee Muscogee County $150,000.00 CORNELIA County of Habersham Habersham County $ 25,000.00 FULTON COUNTY County of Fulton $150,000.00 MACON City of Macon Municipal $150,000.00 VALDOSTA City of Valdosta Municipal $150,000.00 MOULTRIE Colquitt County Municipal $100,000.00 (b) OTHER PROJECTS $100,000.00 Provided that said $100,000.00 State appropriation may be expended only on non-carrier airports being built with the approval of the Federal Aeronautics Adminis tration, with 50% Federal participation and 50% par ticipation by the State and local funds, with the local THURSDAY, MARCH 16, 1967 1947 funds being at least equal to State funds, and with State funds never exceeding $25,000.00 for any one airport. Notwithstanding any other provision in this para graph, the State funds allocated under this paragraph may be expended up to $25,000.00 for any one project when local funds are contributed in at least an equal amount for the purpose of building and completing any airport without any Federal participation, but shall not have precedence over any project approved by the Fed eral Aeronautics Administration. (c) If any of the projects listed in subparagraph (a) herein are not carried out because of non-participa tion by local or Federal government, the State funds for such project shall be transferred to the appropriation made in subparagraph (b) hereof. G. Administrative Fees -- Administration Truck Weight Program. 1967-68 .............-..........-._..__-...________..-_,,-___-.--....----$ 1968-69 ..,,,,.,,..,,,,,,,,,,_--,,-$ 250,000.00 250,000.00 OTHER Section 48. Grants to Municipalities. For grants to municipalities in accordance with the law authorizing such grants. 1967-68 ._____,,__..__.._.,,.,,.,,,,$ 9,317,000.00 1968-69 .......,,..............__._...______.________-...__-,,..........-........__..-.$ 9,317,000.00 Provided further, that a member of the governing authority of the municipality, designated by such author ity, shall execute an affidavit annually that funds re ceived under this Section have been expended in accord ance 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 High way Department, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year. Section 49. Grants to Counties and Municipalities. A. Grants to Counties. 1967-68 _,,.,,_,,-.-,,,,----$ 1,700,000.00 1968-69 ...._______._._.______...__............................._.__..___.___.__-....$ 1,700,000.00 1948 JOURNAL OF THE HOUSE, B. Grants to Municipalities. 1967-68 ...................................................................^ 2,700,000.00 1968-69 ----------------__----_____----------__------__,,__,,$ 2,700,000.00 Provided that none of the funds appropriated under this Section shall be distributed until legislation has been enacted providing for the method of distribution thereof. PART IV MISCELLANEOUS Section 50. Governor's Emergency Fund. There is hereby appropriated as a General Emer gency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor in his discretion in any emergency that he may determine requires expenditure of any part of said fund. Expendi tures from this fund shall be made in accordance with other provisions of State law and the Constitution. 1967-68 --------_-_____--------------________$ 2,000,000.00 1968-69 -.-----_----------___------------------,,__$ 2,000,000.00 Section 51. In addition to these appropriations there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No whole sale distributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947, (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing gasoline. Section 52. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitu tion of the State of Georgia, as amended, there is hereby appropriated payable to each Department, Agency, or Institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this appropriation Act between any Department, Agency or Institution of the State, and any Authority created and activated at the time of the effective date of the afore said constitutional provision, as amended, or appropri ated for the fiscal year beginning July 1, 1967, 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 THURSDAY, MARCH 16, 1967 1949 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 sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appro priations. The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease con tracts and such appropriations are to be paid from the General Funds of the State as a first charge upon Gen eral Funds. Where the appropriations in this Act are the same for each of the two fiscal years of the biennium, the allocations to objects in the Budget Report, as amended by the supplement thereto, are hereby changed so that such allocations shall be the same for each of the two fiscal years. Where the appropriation is less for the second fiscal year of the biennium due to a reduction in Capital Out lay, the allocation to objects in the Budget Report, as amended by the supplement thereto, shall be reduced in the second year by the amount of the Capital Outlay expenditure. All provisions and amounts in the Budget Report, as amended by the supplement thereto relative to cost of liv ing increases, are hereby deleted. Section 53. All expenditures and appropriations made and authorized under this Act shall be according to the objects and for the programs and activities as speci fied in the Governor's recommendations contained in the Budget Report, as amended by the Supplement thereto, submitted to the General Assembly at the regular 1967 Session, except as otherwise specified in this Act; pro vided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects and programs subject to the condition that no funds whatsoever shall be transferred for use in initiat ing or commencing any new program or activity not cur rently having an appropriation, nor which would require operating funds or capital outlay funds beyond the cur rent biennium, and provided, further, that no funds whatsoever shall be transferred without the prior ap proval of at least eleven (11) members of the Fiscal Affairs Sub-Committees of the Senate and House of Representatives in a meeting called to consider said trans fers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Com mittees of the Senate and House of Representatives of all 1950 JOURNAL OF THE HOUSE, instances revealed in his audit in which the expenditures of any department, bureau, board, commission, institu tion, or other agency of the State show transfers made in violation of this Section. In those cases in which the aforesaid Budget Report and supplement thereto con tain no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the legislative and judicial branches of the government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers. Section 54. In the event it is determined by the Bud get Bureau that the total funds in the State Treasury in a fiscal year in which appropriations are made in the foregoing Sections of this Act are to be less than the amount needed to pay in full the specific appropria tions authorised, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each appropriation hereinbefore made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. Laws 1962, p. 17). The amounts of the appropriations so reduced as directed herein and as determined by the Budget Bureau cease to be an obligation of the State. Provided further, the Budget Bureau is hereby directed to economize whereever possible and in the event any part of the appro priations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allot ments for each fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State, TOTAL APPROPRIATION 1967-68 _.___....______..--- $785,339,708.90 TOTAL APPROPRIATION 1968-69 . $7721,329,481.90 Section 55. 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, the roll call was ordered, and the vote was as follows: THURSDAY, MARCH 16, 1967 1951 Those voting in the affirmative were Messrs. Adams Alexander Anderson Ballard Barber Barfield Battle Berry, C. E. Berry, J. K. Black Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Chandler Cole Collins, M. Colwell Cook Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Grier Hadaway Hale Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Ho well Hutchinson Irvin Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Minge Mixon Moate Moore, Don C. Moreland Murphy Nash Nessmith Newton Nimmer Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Ragland Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thomas 1952 JOURNAL OF THE HOUSE, Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Vaug-han, D. N. Vaughn, C. R. Walling Wamble Ward Wells Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood Those not voting were Messrs.: Bennett Blalock Bo wen Branch Gates Cato Cheeks Clarke Collins, J. P. Conner Cox DeLong Egan Jones, M. Matthews, D. R. Moore, J. H. Mullinax Northcutt Odom Oglesby Pickard Rainey Underwood Ware Wilson, J. M. Mr. Speaker On the motion, the ayes were 179, nays 0. The report of the Committee of Conference on HB 45 was adopted. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has passed by substitute by the requisite constitutional majority the following Bills of the House, to-wit: HB 507. By Messrs. Lambros of the 130th, Adams of the 125th, Grier of the 131st and others: A Bill to create a system of Traffic Courts pursuant to the Constitution of Georgia for each city of this State having a population of more than 300,000, giving to such courts jurisdiction to try offenses against the traffic laws of this State and offenses against traffic ordinances committed within the territorial jurisdiction of such cities; and for other purposes. HB 511. By Mrs. Hamilton of the 137th and others: A Bill to provide for a Board of Elections in each county of this State having a population of more than 500,000; and for other purposes. THURSDAY, MARCH 16, 1967 1953 The Senate has agreed to the House amendment to the following Bill of the Senate: SB 103. By Senator Holley of the 22nd: A Bill to amend the Uniform Act Regulating Traffic on Highways, so as to provide for an exception to driving on the right side of road way; to provide for lane control devices; to provide for pedestrians crossing intersection diagonally; and for other purposes. The Senate has agreed to the House amendment to the following Bill of the Senate: SB 46. By Senators Fincher of the 51st and Moore of the 31st: A Bill to provide for the safeguarding of the public health, safety and welfare by controlling and regulating the manufacture, production, distribution and use of drugs, medicine poisons, etc. to repeal conflicting laws, 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 Mr. Lovell of the 6th: A Bill to amend an Act establishing the Employees Retirement System of Georgia, so as to provide that certain persons elected to the General Assembly who have not lost their membership shall be continued as a member in the System; and for other purposes. HB 107. By Messrs. Smith of the 3rd, Holder of the 70th and others: A Bill to define and classify information contained in medical records; and for other purposes. The Senate has passed by substitute by the requisite constitutional majority the following Bills of the House, to-wit: HB 58. By Messrs. Ware and Mullinax of the 42nd and others: A Bill to provide for the confiscation and destruction or sale of any weapon carried illegally or used in the commission of a crime or the attempt to commit a crime against any person; and for other purposes. 1954 JOURNAL OF THE HOUSE, Mr. Speaker: The Senate has appointed a second committee of conference on the following Bill of the Senate, to-wit: SB 8. By Senators Rowan of the 8th, Spinks of the 9th, and Flowers of the 10th, and others: A Bill to be entitled an Act to provide a standard time for the entire State of Georgia; and for other purposes. The President has appointed on the part of the Senate: Senators Gardner of the 1st, Holley of the 22nd, and Holloway of the 12th. The Senate insists upon its position on the following resolution of the House and respectfully asks that a committee of conference be appointed: HR 124-311. By Messrs. Wilson and Henderson of the 102nd, Howard of the 101st and Cooper of the 103rd: A Resolution relative to the steam locomotive "General"; and for other purposes. The President has appointed as a committee of conference on the part of the Senate: Senators Hensley of the 33rd, Fincher of the 54th, and Moore of the 31st. The Senate insists upon its position on the committee amendment and re cedes from its position on the floor amendment to the following Bill of the House, to-wit: HB 158. By Mr. Harris of the 85th: A Bill to amend an Act known as the "Georgia Civil Practice Act", so as to redefine the provisions relating to process and service; and for other purposes. The Senate has passed as amended by the requisite constitutional majority the following Bills of the House, to-wit: HB 164. By Messrs. Adams of the 125th, Irvin of the llth and others: A Bill to amend an Act which made comprehensive provision for an integrated tax administration for Georgia, so as to authorize the THURSDAY, MARCH 16, 1967 1955 purchase of motor vehicles by the State Revenue Commissioner; and for other purposes. HB 322. By Messrs. Wilson of the 102nd and Cooper of the 103rd: A Bill to amend Code Section 24-1601, relating to fees for Justices of the Peace, so as to change the fees of Justices of the Peace; and for other purposes. HB 464. By Messrs. Mason and Nash of the 22nd: A Bill to authorize certain counties in this State to establish and main tain a law library; and for other purposes. HB 656. By Messrs. Smith, Palmer and Malone of the 117th: A Bill to supplement the existing laws of this State which enable DeKalb County to exercise the powers of planning, zoning and rezoning; and for other purposes. The Senate has passed by the requisite constitutional majority the follow ing Bill of the House, to-wit: HB 532. By Messrs. Cooper of the 103rd, Wilson and Henderson of the 102nd and McDaniell of the 101st: A Bill to amend an Act incorporating the Town of Elizabeth in the County of Cobb, so as to change the corporate limits of said city; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit: HB 195. By Mr. Smith of the 44th: A Bill to consolidate the offices of tax receiver and tax collector of Pike County into the office of tax commissioner; and for other purposes. HB 658. By Messrs. Stalnaker and Peterson of the 59th: A Bill to amend an Act creating the City Court of Warner Robins, so as to change the name of the City Court of Warner Robins; and for other purposes. 1956 JOURNAL OF THE HOUSE, HB 734. By Mr. Clarke of the 45th: A Bill to amend an Act creating a board of commissioners of roads and revenues of Butts County, so as to provide that the treasurer of Butts County shall ex officio serve as the clerk of the board of com missioners of roads and revenues; and for other purposes. HB 736. By Mr. Clarke of the 45th: A Bill to amend an Act changing the compensation of the Tax Collector of Butts County, so as to provide that the Tax Collector shall be en titled to receive those commissions allowed local tax officials for collecting ad valorem taxes of motor vehicles for other taxing jurisdic tions; and for other purposes. HB 737. By Mr. Clarke of the 45th: A Bill to amend an Act placing the treasurer of Butts County upon an annual salary, so as to change the compensation of the treasurer; and for other purposes. HB 782. 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 788. By Messrs. Gary, Northcutt and Lee of the 35th: A Bill to amend an Act creating a board of commissioners of roads and revenues for Clayton County, so as to change the final report and audit to the board of commissioners requiring "90 days" to read "120 days"; and for other purposes. HB 791. By Mr. Pafford of the 97th: ^, A Bill to amend an Act incorporating the Town of Statesville, so as to reincorporate the Town of Statesville as the City of Statesville; and for other purposes. HB 799. By Mr. Ballard of the 37th: A Bill to amend an Act establishing a new charter for the town of Mansfield, so as to change the terms of office of the mayor and councilmen; and for other purposes. THURSDAY, MARCH 16, 1967 1957 HB 800. By Mr. Johnson of the 40th: A Bill to amend an Act consolidating and superseding the Town of Gibson, so as to change the terms of the office of mayor and councilmen; 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 307. By Messrs. Pickard, Jones and Buck of the 112th and others: A Bill to amend Section 59-106 of the Code of Georgia of 1933, relating to the revision of jury lists and the method whereby jury commissioners choose grand and traverse jurors, so as to change the method of choosing grand and traverse jurors; and for other purposes. 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 124-311. By Messrs. Wilson and Henderson of the 102nd, Howard of the 1st and Cooper of the 103rd: A Resolution relative to the steam locomotive "General"; and for other purposes. Mr. Murphy of the 26th moved that the House insist on its position. The motion prevailed. The Speaker appointed as a Committee of Conference, the following mem bers: Mrs. Merritt of the 68th; Messrs. Murphy of the 26th and Wilson of the 102nd. 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 169. By Senator Coggin of the 35th: A Bill to be entitled an Act to amend an Act of the General Assembly approved March 18, 1964, and entitled "Georgia Health Code"; to re peal conflicting laws; and for other purposes. 1958 JOURNAL OF THE HOUSE, The following amendment was read and adopted: Harris of the 118th moves to amend SB 169 as follows: By inserting in the title immediately before the phrase "to pro vide for expiration in two years and to set limitation of five (5) mills thereafter;" the following: "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 incurred by such Authority;". By adding in quoted Section 88-1812 of Section 1 immediately fol lowing the word "Authority", where it appears in the following phrase: "pursuant to the contract between such participating subdivisions and an Authority," the following: "and/or to pay the cost of retiring, re financing, or refunding any outstanding debt or other obligation of any nature incurred by such Authority, provided that outstanding debts shall be ninety (90) days past due,". By adding to Section 2 after the word "Act" the words "as to the millage increase". 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 139, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. SR 75. By Senators Plunkett of the 30th and Hill of the 29th: A Resolution authorizing the transfer by the State of Georgia of real property commonly known as the Senoia State Park; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 139, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. THURSDAY, MARCH 16, 1967 1959 SR 70. By Senator Minish of the 48th: A Resolution authorizing the conveyance of certain property to Mr. E. E. Hogan; 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 136, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. SB 168. By Senator Johnson of the 42nd: A Bill to be entitled an Act to amend an Act relating to the registra tion of liens for U. S. Internal Revenue Taxes; and for other purposes. The following amendment was read and adopted: Mr. McClatchey of the 138th moves to amend SB 168 as follows: 1) By adding in Section 1, Subsection (a), line two, under the Section entitled "Chapter 67-26, Registration of Liens for U. S. Internal Revenue Taxes" the word "all" after the word "and" and in the same line after the word "liens" the words "including certificates of re demption". 2) By adding in Section 1, Subsection (b) in line three under the said Section the word "all" before the word "notices" and the words "including certificates of redemption" after the word "liens" in the same line. 3) By adding in Section 1, Subsection (b) (1) of the said Section in line two thereof the word "executive" before the word "office" in said line, and the word "executive" before the word "office" in line five. 4) By adding in Section 1 (Section 67-2603) (a) in the second line the word "or" before the word "revocation" and in line three thereof to substitute for "(b)" after the word "section" the designation "672601 (a) and (b)". 5) By adding to Section 1 in Section 67-2603 (c) in line four thereof the words "as described in Section 67-2601 (a) and (b)" following the word "lien" in that line and by adding the word "on" after the word "filed" in the fourth line thereof. So that said Section 1, after being amended, shall read as follows: 1960 JOURNAL OF THE HOUSE, "Section 1. Code Chapter 67-26 relating to the registration of Liens for U. S. Internal Revenue Taxes is hereby amended by striking said Chapter in its entirety and inserting in lieu thereof a new Code Chapter 67-26 to read as follows: 'Chapter 67-26. Registration of Liens for U. S. Internal Reve nue Taxes. 67-2601. Federal Tax Lien. Place of Filing. (a) Notices of liens upon real property for taxes payable to the United States, and certificates and all notices affecting the liens including certificates of redemption shall be filed in the office of the Clerk of the Superior Court of the county in which the real property subject to a federal tax lien is situated. (b) Notices of liens upon personal property, whether tangible or intangible, for taxes payable to the United States and certificates and all notices affecting the liens including certificates of redemp tion shall be filed as follows: (1) if the person against whose interest the tax lien applies is a corporation or partnership whose principal executive office is in this State, as these entities are defined in the internal revenue laws of the United States, in the office of the Clerk of the Superior Court of the county in which such principal executive office is located; (2) in all other cases in the office of the Clerk of the Superior Court of the county where the taxpayer resides at the time of filing of the notice of lien. 67-2602. Execution of Notices and Certificates. Certification by the Secretary of the Treasury of the United States or his delegate of notices of liens, certificates, or other notices affecting tax liens entitles them to be filed and no other attestation, certification, or acknowledgment is necessary. 67-2603. Duties of Filing Officer. (a) If a notice of federal tax lien, a refiling of a notice of tax lien, or a notice of or revocation of any certificate described in sub-section 67-2601 (a) and (b) is presented to the filing of ficer, that is, the Clerk of the Superior Court, he shall cause the notice to be marked, held and indexed in accordance with the pro visions of subsection (4) of Section 109A-9-403 of the Uniform Commercial Code (Ga. Laws 1962, pp. 156, 415; Ga. Laws 1963, pp. 188, 200; Ga. Laws 1964, pp. 70, 74) as if the notice were a financing statement within the meaning of that Code and shall also be indexed in the real estate mortgage records by the filing officer according to the name of the taxpayer given in the notice. THURSDAY, MARCH 16, 1967 1961 (b) If a certificate of release, non-attachment, discharge or subordination of any tax lien is presented to the filing officer, that is, the Clerk of the Superior Court, he shall cause a certificateof release or non-attachment to be marked, held and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, except that the notice of lien to which the certificate relates shall not be removed from the files, and cause a certificate of discharge or subordination to be held, marked and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code. (c) Upon request of any person, the filing officer shall issue his certificate showing whether there is on file, on the date and hour stated therein, any notice of federal tax lien or certificate or notice affecting the lien as described in Section 67-2601 (a) and (b) filed on or after effective date of Act, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee for a certificate is $1.00. Upon request the filing officer shall furnish a copy of any notice of federal tax lien or notice or certificate affecting a federal tax lien for a fee of $0.50 per page. 67-2604. Fees. The fee for filing and indexing each notice of lien or certificate or notice affecting the tax lien is: (1) for a tax lien on real estate--$2.00; (2) for a tax lien on tangible and intangible personal property --$2.50; (3) for a certificate of discharge or subordination--$2.00; (4) for all other notices, including a certificate of release or non-attachment--$2.00. The officer shall Bill the district directors of internal revenue on a monthly basis for fees for documents filed by them.' " 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 124, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. 1962 JOURNAL OF THE HOUSE, SB 113. By Senator Kilpatrick of the 44th: A Bill to be entitled an Act to amend an Act approved March 5, 1962, so as to provide that any judge of the superior courts of the State of Georgia may request any judge emeritus of the superior courts to serve and preside in the superior court of the judge making the request; and for other purposes. The following amendment was read and adopted: Mr. Murphy of the 26th moves to amend SB 113 as follows: By striking from Section 1 the new Section 1 and inserting in lieu thereof the following Section 1: Section 1: All judges emeritus of the Superior Court are here by authorized and empowered to serve and preside in the superior court of the judicial circuit in which he formerly presided when requested in writing by the presiding judge of said circuit, a copy of said request to be filed in the office of Clerk of said court at the time of said request. Also, any judge of the superior court may request the Governor in writing to request any judge emeritus of the superior court of any judicial circuit in the State of Georgia to serve and preside in the judicial circuit of the superior court making such request. Provided that such requesting judge shall certify to the Governor in writing that the docket of any court in his circuit is overloaded and that the judge or judges of such circuit are unable to give proper consideration to such docket and need assistance in disposing of the cases on same. 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 re quested in accordance with said request, provided such judge emeritus deems that his services may be of assistance in the opera tion of said court." Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. All judges emeritus of the superior courts are hereby authorized and empowered to serve and preside in the superior court of any judicial circuit in the State of Georgia when requested in writing by the Governor upon a proper request by a superior court judge of any judicial circuit as herein provided. And while a judge emeritus of the superior courts is thus serving and presiding in a superior court of Georgia 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 said circuit." THURSDAY, MARCH 16, 1967 1963 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 Ballard Barber Barfield Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bray Brown, B. D. Buck Caldwell Carnes Gates Chandler Cole Collins, M. Colwell Cook Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Davis Dean Dent Dillon Douglas Edwards Pallin Farmer Parrar Funk Gary Gaynor Gignilliat Grahl Had away Hall Hamilton Harrington Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Howard Howell Hutchinson Irvin Johnson, A. S. Joiner Jordan, G. Jordan, W. H. Knapp Lambert Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell Merritt Miller Mixon Moate Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Oglesby Pafford Paris Parker, C. A. Parker, H. W. Parrish Phillips Potts Ragland Rainey Reaves Richardson Roach Rowland Rush Russell Savage Shanahan Sherman Shields Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Steis Sullivan Thomas Threadgill Townsend Tucker Tye Vaughn, C. R. Wamble Ward Ware Wells Westlake Wiggins Wilson, J. M. Wilson, R. W. Wood 1964 JOURNAL OF THE HOUSE, Those voting in the negative were Messrs.: DeLong Fleming Poss Williams Those not voting were Messrs.: Alexander Anderson Bennett Bo wen Branch Brantley, H. H. Brantley, H. L. Brown, C. Busbee Cato Cheeks Clarke Collins, J. F. Conner Cox Daugherty Dickinson Dixon Dodson Dollar Dorminy Doster Egan Floyd Gay Grier Hale Harris, J. F. Hill Jenkins Johnson, B. Jones, C. M. Jones, M. Kaylor Kirksey Laite Lambros Lane, W. J. Leggett Levitas Lowrey Matthews, D. R. McCracken Melton Minge Moore, Don C. Moore, J. H. Odom Otwell Palmer Peterson Pickard Ross Scarlett Shuman Simmons Smith, J. R. Stain aker Starnes Sweat Thompson, A. W. Thompson, R. Turner Underwood Vaughan, D. N. Walling Whaley Winkles Mr. Speaker On the passage of the Bill, as amended, the ayes were 132, nays 4. The Bill, having received the requisite constitutional majority, was as amended. SB 142. By Senator Bateman of the 27th: A Bill to be entitled an Act to amend Code Section 23-1704 relating to the bonds required of contractors contracting with 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 ayes were 137, nays 0. THURSDAY, MARCH 16, 1967 1965 The Bill, having received the requisite constitutional majority, was passed. SB 99. By Senator Fincher of the 51st: A Bill to be entitled an Act to amend an Act providing for inspection of public records so as to exempt records required by the Federal Government to be kept confidential and medical records and similar files so as not to invade personal privacy; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 129, nays 0. The Bill, having received the requisite constitutional majority, was passed. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 84. By Messrs. Lane and Nessmith of the 64th, Smith of the 54th and others: A Bill to be entitled an Act to establish the Georgia Legislative Re tirement System; and for other purposes. The following report of the Committee of Conference was read: CONFERENCE COMMITTEE REPORT ON HB 84 The Conference Committee on HB 84 makes the following report and recommendations: 1. That the Senate and the House of Representatives both recede from their positions. 2. That the Bill as passed by the House of Representatives be adopted with the following changes: (a) Strike paragraph (5) of Section 1 and insert in lieu thereof the following: "(5) 'Prior service' shall mean service rendered prior to Janu ary 1, 1954, and shall include service rendered as a Representative, 1966 JOURNAL OF THE HOUSE, Senator, or staff member in the General Assembly. It shall also mean active duty in the Armed Forces of the United States of America, including the National Guard, and service in an active reserve unit during wartime or during any conflict where military personnel have been committed by the President of the United States. Provided, however, such military service shall be prior to January 1, 1954, and no military service shall be creditable in excess of five years. Service in a standby reserve capacity shall not be credited." (b) Strike the words "creditable service" as they appear in two places in paragraph (2) of Section 4 and insert in lieu thereof the words "membership service" in both of said places. (c) Strike paragraph (1) of Section 6 and insert in lieu thereof the following: "(1) Any member of the System who has attained age 62 and has completed 8 or more years of membership service shall be retired by the Board on a retirement allowance upon his written application therefor, and shall thereupon become a beneficiary of the System, provided he is no longer in the service of the State whether as a member of the General Assembly or otherwise. The date of retirement shall be the first day of a calendar month which occurs not less than 30 days nor more than 90 days sub sequent to the filing of such application. Any member of the System who has completed 8 or more years of membership service and who has attained age 60 may elect to retire prior to age 62. In such event, however, his retirement allowance shall be reduced 5% for each year below age 62." Respectfully submitted: For The Senate /s/ Render Hill Senator, 29th District /s/ Culver Kidd Senator, 25th District /s/ Brooks Pennington, Jr. Senator, 45th District For The House of Representatives /s/ James H. Floyd Representative, 7th District /s/ J. Roy McCracken Representative, 49th District /s/ Emory L. Rowland Representative, 48th District THURSDAY, MARCH 16, 1967 1967 Mr. Rowland of the 48th moved that the House adopt the report of the Committee of Conference. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams Alexander Anderson Ballard Barfield Black Blalock Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Crowe, William Crowe, W. J. Dailey Daugherty Dean Dent Dickinson Dillon Doster Edwards Farmer Farrar Fleming Floyd Funk Grahl Grier Hadaway Hale Hall Harrison Higg-inbotham Holder Hood Howell Hutchinson Irvin Johnson, A. S. Johnson, B. Joiner, F. A. Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Laite Lambert Lambros Land Lane, Dick Lee, W. S. Longino Lowrey Mason Matthews, C. McClatchey McCracken Melton Merritt Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nimmer Northcutt Otwell Pafford Paris Parker, C. A. Peterson Phillips Pickard Poss Rainey Roach Rowland Rush Shanahan Sherman Shuman Smith, J. R. Smith, V. T. Snow Stalnaker Starnes Steis Sullivan Thomas Thompson, A. W. Threadgill Turner Walling Ward Ware Wells Wiggins Winkles Those voting in the negative were Messrs. Battle Berry, J. K. Bo wen Cooper, B. Davis Tallin Gary Gignilliat Howard Malone Mauldin Minge Mixon Nessmith Reaves Whaley Wilson, R. W. 1968 JOURNAL OF THE HOUSE, Those not voting were Messrs.: Barber Bennett Berry, C. E. Branch Buck Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. P. Collins, M. Colwell Conner Cook Cooper, J. R. Cox DeLong Dixon Dodson Dollar Dorminy Douglas Egan Gay Gaynor Hamilton Harrington Harris, J. P. Harris, J. R. Harris, R. W. Henderson Hill Jenkins Knapp Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Levitas Lewis Lovell Magoon Matthews, D. R. Maxwell McDaniell Miller Moate Moreland Newton Odom Oglesby Palmer Parker, H. W. Parrish Potts Ragland Richardson Ross Russell Savage Scarlett Shields Simmons Sims Smith, G. W. Smith, W. L. Sweat Thompson, R. Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Westlake Williams Wilson, J. M. Wood Mr. Speaker On the motion, the ayes were 104, nays 17. The report of the Committee of Conference to HB 84 was adopted. Under the general order of business established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration: SB 42. By Senator Miller of the 43rd: A Bill to be entitled an Act to provide for compensation to persons or the dependents of such persons who sustain personal injury or death in attempting to prevent the commission of crime, etc; and for other purposes. The following Committee substitute was read and adopted: A BILL To be entitled an Act to provide for compensation by the State pursuant to legislative resolution to persons who sustain personal THURSDAY, MARCH 16, 1967 1969 injury or property damage or both or to dependent heirs of persons who are killed in attempting to prevent the commission of certain crimes against the person of another, or in aiding or attempting to aid an officer of the law upon request; to provide for filing of claims in connection therewith and the submission of such claims to "Claims Advisory Board" for recommendations; to provide for standards for compensation; to provide for awarding of compensation by resolution of the General Assembly; to provide for incidents and offenses to which this Act applies; to provide for limitations on awarding compensation; to provide for recovery from offenders; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Authority and Procedure of Claims Advisory Board. (a) The Claims Advisory Board shall have authority to consider and make recommendations to the General Assembly concerning pay ment of compensation to innocent persons who sustain injury or prop erty damage or both, and to dependent heirs of innocent persons killed, in attempting to prevent the commission of crime against the person of another or in aiding or attempting to aid officers of the law upon their request. In a particular case the board may appoint a special master to take testimony, supervise or conduct necessary in vestigations, and report to the board, but ultimate recommendation on any claim shall be made only by the board. (b) The board shall provide by rule for proceedings before it and such rule shall emphasize, to the greatest extent possible, informality of proceedings. No claimant shall be required to be represented or ac companied by an attorney. Section 2. Application for Compensation. (a) Any person who is eligible for compensation under this Act must give notice thereof in accordance with an Act creating the Claims Advisory Board, approved April 12, 1963 (Ga. Laws 1963, Vol. 1, p. 624), as amended by an Act approved April 12, 1965 (Ga. Laws 1965, p. 653), and an Act approved April 12, 1965 (Ga. Laws 1965, p. 655), in order to have such claim brought before the General Assembly for action. (b) Any such claimant shall also, prior to introduction of a Reso lution for compensation, submit all documents called for by the board, including reports from all physicians and surgeons that have treated or examined the victim and hospitals that have admitted the victim in relation to the injury for which compensation is claimed at the time of or subsequent to the victim's injury or death. If, in the opinion of the board, reports on the previous medical history of the victim, examination of the injured victim and a report thereon or a report on the cause of death of the victim by an impartial medical expert would be of material aid in making its recommendation, the board shall call for the claimant to produce such reports and submit to such ex aminations. 1970 JOURNAL OF THE HOUSE, Section 3. Standards for Compensation. In making its recommen dation, the board shall insofar as practicable, formulate standards for uniform application in recommending compensation, taking into con sideration rates and amounts of compensation payable for injuries or property damage and death under other laws of this state and of the United States. Section 4. Awarding Compensation. (a) In any case in which a person is injured or sustains property damage or is killed by an incident described in Section 5 of this Act, the board may recommend to the General Assembly payment of com pensation : (1) To or for the benefit of the injured person; or (2) In the case of personal injury of the victim, to any person responsible for the maintenance of the victim who has suffered pecuni ary loss or incurred expenses as a result of such injury; or (3) In the case of death of the victim, to or for the benefit of any one or more of the heirs at law of the victim, who at the time of the victim's demise were dependent upon him for over half of their support; or (4) To or for the benefit of the owner of the damaged property. (b) In making its recommendation to the General Assembly the board shall consider a person to have intended an act notwithstanding that by reason of age, insanity, drunkenness, or otherwise, he was legally incapable of forming a criminal intent. (c) In making its recommendation to the General Assembly, the board shall consider all circumstances surrounding the claim, including but not limited to provocation, consent or any other behavior of the victim which directly or indirectly contributed to his injury or death; the prior case or social history, if any, of the victim or claimant; any need for financial aid present; and any other relevant matters. (d) In making its recommendation to the General Assembly, the board shall take into consideration any amounts received or receivable from any other source or sources by the victim or his dependents as a result of the incident or offense giving rise to the claim. (e) Claims and recommendations may be made hereunder regard less of whether or not any person is prosecuted or convicted of any offense arising out of such act. Section 5. Incidents and Offenses to Which Act Applies. This Act does not contemplate that compensation shall be awarded, and in no event shall the board recommend, that compensation be awarded. THURSDAY, MARCH 16, 1967 1971 (a) To any victim of a criminal act or to any one who comes to the aid of a member of his immediate family; and (b) To any officer of the law injured in the performance of his official duties. The board shall, in an advisory way only, recommend to the General Assembly payment of compensation and the amount thereof, and the General Assembly shall act on such recommendation in accordance with law and the rules of the House and Senate for action upon such resolutions. Section 6. Nature of the Compensation. The General Assembly may by resolution appropriate money for payment of a claim for com pensation upon the recommendation of the board for: (1) Expenses actually and reasonably incurred as a result of the personal injury or death of the victim; and (2) Loss of earning power as a result of total or partial in capacity of such victim. Section 7. Limitations on Awarding Compensation. (a) No resolution for the payment of compensation hereunder shall be adopted, unless notice of claim has been filed with the board within eighteen months after the date of the personal injury or death, and the claim is otherwise presented in accordance with law, as afore said, and the personal injury or death was the result of an incident or offense defined in Section 5 of this Act which had been reported to an officer of the law within five days of its occurrence or, if the incident or offense could not reasonably have been reported within such period, within five days of the time when a report could reason ably have been made. (b) The board shall not recommend compensation on a claim if the victim: (1) Is a spouse, parent, grandparent, child (natural or adopted), grandchild, brother, sister, half-brother, half-sister, or parent of the spouse of the offender; or (2) Was at the time of the personal injury or death of the victim living' with the offender as a member of his family or household, or maintaining a sexual relationship, whether illicit or not, with such person or with any member of the family of such person; or (3) Violated a penal law of this state, which caused or contributed to his injuries or death; or (4) Was injured as a result of the operation of a motor vehicle, boat or airplane, unless the same was used as a weapon in a deliberate attempt to run the victim down. 1972 JOURNAL OF THE HOUSE, (c) No compensation shall be recommended by the board in an amount exceeding $5,000 per claim. (d) Payment of compensation pursuant to this Act may be made only as to injuries or property damage or death resulting from in cidents or offenses occurring on and after July 1, 1967. Section 8. Reports. The board shall prepare and transmit to the General Assembly along with its recommendation on each claim a report of its activities in connection therewith, including the name of the claimant, a brief description of the facts surrounding the claim, the amount of compensation recommended and the board's reasons therefor. Section 9. Recovery From Offender. Whenever an order for the payment of indemnification for personal injury or death or for damages to property is or has been made under this Act, the State of Georgia shall, upon payment of the amount of the order, be subrograted to the cause of action of the application against the person or persons re sponsible for such injury or death or damages to property and the Attorney General shall be authorized to bring an action against such person or persons for the amount of the damages sustained by the applicant. If an amount greater than that paid pursuant to the order is recovered and collected in any such action, the State, after deducting the expenses incurred, shall pay the balance to the applicant. Section 10. Effective Date. The provisions of this Act shall be come effective on July 1, 1967. Section 11. 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 140, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Under the general order of business established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 61. By Senator Ward of the 39th: A Bill to be entitled an Act to amend Code Title 49, so as to provide for the dispensing with the necessity of appointing a guardian for THURSDAY, MARCH 16, 1967 1973 certain minors and incompetent persons under certain conditions; and for other purposes. The following amendments were read and adopted: Committee on Judiciary moves to amend SB 61 as follows: 1. By adding to 49-901 in Section 1 in the third from the last line between the words "of same" and "as in his judgment" the words "for the benefit of the minor". 2. By adding to 49-902 in Section 1 in the third from the last line between the words "of same" and "as in his judgment" the words "for the benefit of the incompetent". 3. By striking from the fourth line of 49-901 in Section 1 in the fourth line the words "a parent" and substituting in lieu thereof the words "the parent having custody". Mr. Harris of the 118th moves to amend SB 61 by renumbering Section 2 as Section 3 and adding a new Section 2 to read as follows: "Section 2. Nothing contained in this Act shall be construed to amend or repeal by implication the provisions contained in Code Section 56-2425 (Ga. Laws 1960, pp. 289, 660)." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 104, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. The following Resolution of the House was taken up for the purpose of considering the report of the Committee on Conference thereon: HR 124-311. By Messrs. Wilson and Henderson of the 102nd, Howard of the 101st and Cooper of the 103rd: A Resolution relative to the steam locomotive "General", and for other purposes. 1974 JOURNAL OP THE HOUSE, The following report of the Committee of Conference was read: Report of Committee of Conference on HR 124-311. Mr. President: Mr. Speaker: The Committee of Conference appointed on HR 124-311 respect fully reports as follows: (1) The Committee recommends that the Senate recede from its position. (2) The Committee recommends that HR 124-311 as passed by the House be adopted. This 16th day of March, 1967. Respectfully submitted, On Behalf of The Senate: /si W. W. Fincher, Jr. Senator, 54th District /si Sam P. Hensley Senator, 33rd District Is/ Albert F. Moore Senator, 31st District On Behalf of The House of Representatives: /s/ Thomas B. Murphy Representative, 26th District /s/ Janet S. Merritt Representative, 68th District /s/ Joe Mack Wilson Representative, 102nd District Mr. Murphy of the 26th moved that the House adopt the report of the Committee of Conference. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Bond Bostick Branch Bray Brown, B. D. Buck Carnes Cato Chandler Cole Collins, J. F. Colwell Cooper, B. Cooper, J. R. Crowe, William Dailey Da vis Dean DeLong Dent Dickinson Dillon Dodson Dollar Doster Douglas Edwards Egan Fallin Farmer Fleming Floyd Funk Gay Gaynor Gignilliat Grahl Hadaway Hall Hamilton Harrington Harris, J. F. THURSDAY, MARCH 16, 1967 1975 Harris, J. R. Harrison Henderson Holder Howard Howell Hutchinson Irvin Jenkins Johnson, A. S. Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Land Lee, W. S. Levitas Lewis Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McCracken McDaniell Merritt Minge Mixon Moate Mullinax Murphy Nash Newton Odom Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Rainey Reaves Roach Rowland Rush Savage Sherman Shields Sims Smith, G. W. Smih, V. T. Snow Stalnaker Starnes Steis Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Tucker Tye Vaughan, D. N. Vaughn, C. R. Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Wood Voting in the negative was Mr. Leonard. Those not voting were Messrs.: Alexander Anderson Ballard Blalock Bowen Brantley, H. H. Brantley, H. L. Brown, C. Busbee 1976 Caldwell Gates Cheeks Clarke Collins, M. Conner Cook Cox Crowe, W. J. Daugherty Dixon Dorminy Farrar Gary Grier Hale Harris, R. W. Higginbotham Hill Hood JOURNAL OP THE HOUSE, Johnson, B. Jones, C. M. Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Longino Matthews, D. R. McClatchey Melton Miller Moore, Don C. Moore, J. H. Moreland Nessmith Nimmer Northcutt Oglesby Otwell Pickard Ragland Richardson Ross Russell Scarlett Shanahan Shuman Simmons Smith, J. R. Smith, W. L. Townsend Turner Underwood Walling Wamble Ward Winkles Mr. Speaker On the motion, the ayes were 136, nays 1. The report of the Committee of Conference was adopted. Mrs. Merritt of the 68th asked unanimous consent that the following Resolution of the House be withdrawn from further consideration: HR 122-311. By Mrs. Merritt of the 68th: A Resolution urging that the famous steam locomotive known as the General be returned to the State of Georgia; and for other purposes. The consent was granted, and HR 122-311 was withdrawn. Mrs. Merritt of the 68th requested that the Journal show that HR 122-311 was the first Resolution relative to the "General" offered during this Session of the General Assembly and that same was requested withdrawn for the reason that HR 124-311 had now been adopted by the House and Senate, by the substitute, offered by Mrs. Merritt. Under the general order of business established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration: THURSDAY, MARCH 16, 1967 1977 SB 161. By Senators Hall of the 52nd, Coggin of the 35th and Chapman of the 32nd: A Bill to be entitled an Act to amend the "Statewide Probation Act", as amended, so as to change the compensation of the Director of Pro bation; and for other purposes. The following amendment, offered by the Committee on Judiciary, was read: Committee on Judiciary moves to amend SB 161 by adding in Sec tion 1 to the words being stricken from Section 3 of the "Statewide Probation Act" the words "not less than" so that the phrase being struck shall read as follows: "not less than seven thousand seven hundred fifty ($7,750.00) dol lars nor more than nine thousand eight hundred fifty ($9,850.00) and by adding to the words being substituted for the above the words "not more than" so that the substituted words shall read as follows: "not more than fifteen thousand ($15,000.00)" and by changing the quoted Section 3 as it appears in Section 1 by striking from the third sentence thereof the words "not less than" and substituting in lieu thereof the words "not more than". The following amendment to the Committee amendment was read and adopted: Mr. Pafford of the 97th moves to amend Committee amendment to SB 161 by striking $15,000.00 where it appears and substituting $12,000.00. The Committee amendment, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Barber Barfield Barry, C. E. Black Blalock 1978 Bo wen Brantley, H. H. Brantley, H. L. Brown, C. Busbee Caldwell Carnes Gates Cato Chandler Clarke Conner Cook Cooper, B. Crowe, William Crowe, W. J. Dailey Daugherty Dean Dent Dickinson Dillon Dixon Doster Douglas Edwards Farmer Fleming Floyd Gary Gay Gaynor Grahl Hall Hamilton Harrington Harris, J. R. Harrison Henderson Higginbotham Holder Hood Howard Howell JOURNAL OF THE HOUSE, Hutchinson Irvin Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, W. H. Kirksey Laite Lambert Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Miller Minge Moate Moore, Don C. Moreland Mullinax Murphy Nash Newton Nimmer Northcutt Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Richardson Roach Rowland Rush Savage Shanahan Simmons Sims Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thomas Thompson, R. Threadgill Townsend Tucker Turner Tye Vaughn, C. R. Walling Ward Ware Wells Wiggins Williams Wood Those voting in the negative were Messrs.: Berry, J. K. Cole Collins, M. Cooper, J. R. Davis DeLong Gignilliat Grier Jordan, G. Knapp Lambros Nessmith Reaves Sherman Whaley Wilson, R. W. Winkles THURSDAY, MARCH 16, 1967 1979 Those not voting were Messrs.: Alexander Anderson Ballard Battle Bennett Bond Bostick Branch Bray Brown, B. D. Buck Cheeks Collins, J. F. Colwell Cox Dodson Dollar Dorminy Egan Fallin Farrar Funk Hadaway Hale Harris, J. F. Harris, R. W. Hill Jenkins Jones, C. M. Kaylor Levitas Maxwell Mixon Moore, J. H. Odom Oglesby Otwell Rainey Ross Russell Scarlett Shields Shuman Smith, G. W. Thompson, A. W. Underwood Vaughan, D. N. Wamble Westlake Wilson, J. M. Mr. Speaker On the passage of the Bill, as amended, the ayes were 137, nays 17. The Bill, having received the requisite constitutional majority, was passed, as amended. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has agreed to the report of the committee of conference on the following Bill of the House, to-wit: HB 45. By Messrs. Murphy of the 26th, Caldwell of the 51st and Irvin of the llth: A Bill to make and provide appropriations for the fiscal year beginning July 1, 1967, and ending June 30, 1968, and the fiscal year beginning July 1, 1968, and ending June 30, 1969; to make and provide such appropriations for the operation of the State Government; 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: 1980 JOURNAL OF THE HOUSE, HB 306. By Messrs. Newton and Lewis of the 50th, Nessmith of the 64th, and Parker of the 55th: A Bill to be entitled an Act to require dealers in junk purchasing copper wire or cable to keep a register, and for other purposes. The following Senate substitute was read: A BILL To be entitled an Act to require dealers in junk or metals purchas ing copper wire or cable to keep a register for two years; to provide the procedure and exceptions connected therewith; to provide penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA: SECTION 1 Every dealer in junk or metals shall keep a register which shall contain the name of the person or persons from whom any quantity of copper wire or cable in excess of 05 pounds is purchased, regardless of the condition or length of such copper wire or cable. Such register shall also contain the residence or place of business of each such seller or sellers and a full description of each such purchase, including the quantity by weight thereof. The register required pursuant to the provisions of this Act shall be retained by such dealer for a minimum period of two years. SECTION 2 Any person violating Section 1 of this Act shall be guilty of a misdemeanor. SECTION 3 In the event any other law or county or municipal ordinance re quires the keeping of a register, or the keeping of records which con tain the same information as is required by this Act, the provisions of this Act shall not be construed as requiring such dealer to keep an additional register or separate records as provided in this Act. The keeping of a register or separate records containing the information required by this Act pursuant to such other law or county or municipal ordinance shall be deemed to comply with this Act. SECTION 4 All laws and parts of laws in conflict with this Act are hereby repealed. THURSDAY, MARCH 16, 1967 1981 Mr. Newton of the 50th moved that the House agree to the Senate sub stitute. On the motion to agree, the ayes were 137, nays 0. The Senate substitute to HB 306 was agreed to. HB 225. By Mr. Jones of the 112th: A Bill to be entitled an Act to regulate the sale and financing of motor vehicles, and for other purposes. The following Senate substitute was read: A BILL To be entitled an Act to regulate the sale and financing of motor vehicles; to provide for a short title; to provide for definitions; to provide for statutory construction; to provide requirements and pro hibitions as to retail installment contracts; to provide for finance charge limitations; to provide for the transfer of contracts; to provide that no assignment shall cut off any right of action or defense arising as a result of the provisions of Subsection 8(b) of this Act; to provide for credit upon anticipation of payments; to provide for refinancing retail installment contracts and the method thereof; to provide for cumulative and supplemental rights relating to repossessions; to pro vide for penalties; to provide that any waiver of the provisions of this Act shall be unenforceable and void; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Short title. This Act shall be known and may be cited as the "Motor Vehicle Sales Finance Act". Section 2. Definitions, (a) Unless clearly indicated otherwise by the context, the following words when used in this Act, for the purposes of this Act, shall have the meanings respectively ascribed to them in this Section: (1) "Motor vehicle" means any device or vehicle including auto mobiles, motorcycles, motor trucks, trailers, and all other vehicles operated over the pubic highways and streets of this state and pro pelled by power other than muscular power, but does not include trac tion engines, road rollers, implements of husbandry and other agricul tural equipment and such vehicles as run only upon a track. 1982 JOURNAL OF THE HOUSE, (2) "Retail buyer" or "buyer" means a person who buys a motor vehicle from a retail seller not principally for the purpose of resale, and who executes a retail installment contract in connection therewith or a person who succeeds to the rights and obligations of such person. (3) "Retail installment seller" or "seller" means a person engaged in the business of selling motor vehicles to retail buyers in retail in stallment transactions. (4) (i) "Retail installment transaction" means any transaction evidenced by a retail installment contract. (ii) "Time sale price" means the cash sale price of a motor vehicle, the amount included for insurance and other benefits if a separate charge is made therefor, official fees and finance charges. (5) "Retail installment contract" or "contract" means any instru ment or instruments creating a purchase money security interest. (6) "Cash sale price" means the price stated in a retail install ment contract for which the seller would have sold to the buyer, and the buyer would have bought from the seller, the motor vehicle which is the subject matter of the retail installment contract, if such sale had bean a sale for cash instead of a retail installment transaction. The cash sale price may include any taxes, registration, certificate of title, license and other fees and charges for accessories and their in stallation and for delivery, servicing, repairing, or improving the motor vehicle. (7) "Official fees" means the fees prescribed by law for filing, recording or otherwise perfecting and releasing or satisfying a retained title or a lien created by a retail installment contract. (8) "Finance charge" means the amount agreed upon between the buyer and the seller, as limited herein, to be added to the cash sale price, the amount, if any, included for insurance and other benefits, if a separate charge is made therefor, and official fees, in determining the time sale price. (9) "Sales finance company" means a person engaged in the busi ness of purchasing retail installment contracts from one or more retail sellers. The term includes but is not limited to a bank, trust company, or industrial loan company, if so engaged. The term does not include the pledge of an aggregate number of such contracts to secure a bona fide loan thereon. (10) "The holder" of a retail installment contract means the retail seller of the motor vehicle under the contract or, if the contract is purchased by a sales finance company or another assignee, the sales finance company or other assignee. (11) "Person" means an individual, partnership, corporation, as sociation, and any other group however organized. THURSDAY, MARCH 16, 1967 1983 (12) "Purchase price" means the time balance shown in the con tract plus the down payment. (b) The rules of statutory construction contained in Chapter 102-1 of the Code of Georgia of 1933, as amended, shall apply to the provi sions of this Act. Section 3. Requirements and prohibitions as to retail installment contracts, (a) A retail installment contract shall be in writing, shall be signed by both the buyer and the seller and shall be completed as to all essential provisions prior to the signing of the contract by the buyer. (b) The printed portion of the contract, other than instructions for completion, shall be in at least six point type. The contract shall contain, in a size equal to at least ten point type, the following: (1) A specific statement that liability insurance coverage for bodily injury and property damage caused to others is not included, if that is the case; and (2) The following notice: "Notice to the Buyer Do not sign this contract before you read it or if it contains any blank spaces. You are entitled to an exact copy of the contract you sign." (c) The seller shall present a completed copy of the contract to the buyer at the time it is signed by the buyer. Unless the seller does so, a buyer who has not accepted delivery of the motor vehicle shall have the right to rescind his agreement and to receive a refund of all payments made and return of all goods traded in to the seller on ac count of or in contemplation of the contract, or if such goods cannot be returned, the value thereof. Any acknowledgment by the buyer of receipt of a copy of the contract shall be in a size equal to at least ten point bold face type, and, if contained in the contract, shall appear directly above the buyer's signature. This Subsection provides cumula tive additional rights and is cumulative of Georgia Code Section 109A2-302. (d) The contract shall contain the names of the seller and the buyer, the place of business of the seller, the residence or place of business of the buyer as specified by the buyer and a description of the motor vehicle including its make, year model, model and identifica tion number or marks. (e) The contract shall contain the following itemized information: (1) The cash sale price of the motor vehicle; 1984 JOURNAL OF THE HOUSE, (2) The amount of the buyer's down payment, and whether made in money or goods, or partly in money and partly in goods; (3) The difference between items (1) and (2) ; (4) The amount, if any, included for insurance and other benefits specifying the types of coverage and benefits; (5) The amount of license, taxes and official fees, if any; (6) The principal balance, which is the sum of items (3), (4) and (5) of this paragraph; (7) The amount of the finance charge; (8) The time balance, which is the sum of items (6) and (7), payable in installments by the buyer to the seller, the number of in stallments, the amount of each installment and the due date or period thereof. The items need not be stated in the sequence or order set forth above, and additional items may be included to explain the computation made in determining the amount to be paid by the retail buyer. (f) The amount, if any, included for insurance, which may be purchased by the holder of the retail installment contract, shall not exceed the applicable premiums chargeable in accordance with the rates filed with the insurance department. If dual interest insurance on the vehicle is purchased by the holder, it shall, within thirty days after execution of the retail installment contract, send or cause to be sent to the buyer a policy or policies or certificate of insurance, written by an insurance company authorized to do business in this state, clearly setting forth the amount of the premium, the kind or kinds of insurance, the coverages and all the terms, exceptions, limitations, restrictions and conditions of the contract or contracts of insurance. Nothing in this Act shall impair or abrogate the right of a buyer as defined herein to procure insurance from an agent and company of his own selection as provided by the insurance laws of this state, and nothing contained in this Act shall modify, amend, alter or repeal any of the insurance laws of the state. (g) If any insurance is cancelled, or the premium adjusted, un earned insurance premium refunds received by the holder shall be credited to the final maturing installment of the contract except to the extent applied toward payment for a similar insurance protecting the interests of the buyer and the holder or either of them. (h) The holder may, if the contract or refinancing agreement so provides, collect a delinquency charge on any installment which is not paid within ten days from the date such payment is due. Such charge may not exceed five percent of such installment, or five dollars, whichever is less. A delinquent charge shall not be collected more than THURSDAY, MARCH 16, 1967 1985 once for the same default. In addition to such delinquency and col lection charge, the contract may provide for the payment of reason able attorneys' fees where such contract is referred for collection to an attorney not a salaried employee of the holder of the contract, plus the court costs. (i) No retail installment contract shall be signed by any party thereto when it contains blank spaces to be filled in after it has been signed except that, if delivery of the motor vehicle is not made at the time of the execution of the contract, the identifying numbers or marks of the motor vehicle or similar information and the due date of the first installment may be left blank and later inserted by the seller in the seller's counterpart of the contract after it has been signed by the buyer. The buyer's written acknowledgment, conforming to the require ments of Paragraph (c) of this Section, of delivery of a copy of a contract shall be presumptive proof of such delivery in any action or proceeding by or against the holder of the contract, and that the con tract, when signed, did not contain any blank spaces except as provided herein. (j) If the buyer so requests, the holder shall give or forward to the buyer a receipt for any payment when made in cash. Section 4. Finance charge limitation, (a) Notwithstanding the provisions of any other law, the finance charge, exclusive of insurance, and other benefits and official fees, shall not exceed the following rates: Class 1. Any new motor vehicle designated by the manufac turer by a year model not earlier than the year in which the sale is made - $8 per $100 per year. Class 2. Any new motor vehicle not in Class 1 and any used motor vehicle designated by the manufacturer by a year model of the same or not more than two years prior to the year in which the sale is made - $11 per $100 per year. Class 3. Any used motor vehicle not in Class 2 and designated by the manufacturer by a year model not more than four years prior to the year in which the sale is made - $15 per $100 per year. Class 4. Any used motor vehicle not in Class 2 or Class 3 and designated by the manufacturer by a year model more than four years prior to the year in which the sale is made--$17 per $100 per year. (b) Such finance charge shall be computed on the principal bal ance as determined under Section 3, Paragraph (e) of this Act on contracts payable in successive monthly payments substantially equal in amount. Such finance charge may be computed on the basis of a full month for any fractional month period in excess of ten days. A minimum finance charge of twenty-five dollars ($25.00) may be charged on any retail installment transaction. 1986 JOURNAL OF THE HOUSE, (c) When a retail installment contract provides for unequal or irregular installment payments, the finance charge may be at a rate which will provide the same yield as is permitted on monthly payment contracts under Paragraphs (a) and (b), having due regard for the schedule of payments. (d) Any sales finance company may purchase or acquire or agree to purchase or acquire from any seller any contract on such terms and conditions as may be agreed upon between them. Unless the buyer has notice of the assignment of his contract, payment thereunder made by the buyer to the last known holder of such contract shall be binding upon all subsequent holders. (e) In no event will any such assignment bar any right of action against the seller arising as a result of the provisions of this Act or will any such assignment bar any defense against the sales finance company or other assigness arising as a result of the provisions of Subsection 8 (b) of this Act. Section 5. Credit upon anticipation of payments. Notwithstand ing the provisions of any retail installment contract to the contrary, any buyer may pay in full at any time before maturity the debt of any retail installment contract and, in so paying such debt, shall receive a refund credit thereon for such anticipation of payments. The amount of such refund shall represent at least as great a proportion of the finance charge after first deducting from such finance charge an ac quisition cost of twenty-five dollars ($25.00), as the sum of the month ly time balance after the month in which prepayment is made, bears to the sum of all the monthly time balances under the schedule of payments in the contract. This method of refund upon prepayment is commonly referred to as the "Rule of 78" or the "Sum of the Digits" refund method. Where the amount of credit is less than one dollar ($1.00), no refund need be made. SECTION 6. Refinancing retail installment contract. The holder of a contract, upon request by the buyer, may extend the scheduled due date of all or any part of any installment or installments, or deferred payment or payments, or renew or restate the unpaid time balance of such contract, the amount of the installments and the time schedule therefor and may collect for such extension, deferment, renewal or restatement a refinance charge computed as follows: In the event the unpaid time balance of the contract is extended, deferred, renewed or restated, the holder may compute the refinance charge on such amount by adding to the unpaid time balance the cost for insurance and other benefits incidental to the refinancing plus any accrued delinquency and collection charges after deducting any refund which may be due the buyer at the time of the time of the renewal or restatement by pre payment pursuant to Section 5 of this Act, at the rate of the finance charge specified in Section 4, Paragraph (a) of this Act, and by reclassifying the motor vehicle by its then year model, for the term of the refinancing agreement, but otherwise subject to the provisions of this Act governing computation of the original finance charge. The provisions of this Act relating to minimum finance charges under Section 4, Paragraph (b) of this Act and acquisition costs under the refund schedule in Section B of this Act shall not apply in calculating THURSDAY, MARCH 16, 1967 1987 refinance charges on the contract extended, deferred, renewed or re stated. If all unpaid installments are deferred for not more than two months, the holder may, at his election, charge and collect for such deferment an amount equal to the difference between the refund re quired for prepayment in full under Section 5 of this Act as of the scheduled due date of the first deferred installment, and the refund required for prepayment in full as of one month prior to said date, times the number of months in which no scheduled payment is made. Section 7. Deficiency. When any motor vehicle has been repos sessed after default in accordance with Georgia Code Chapter 109A9-5, the seller or holder shall not be entitled to recover a deficiency against said buyer unless within ten days after said repossession, he forwards by registered or certified mail to the address of the buyer shown on the contract, or later designated by said buyer, a notice of the seller's or holder's intention to pursue a deficiency claim against said buyer. Said notice shall also advise the buyer of his rights of redemption, as well as his right to demand a public sale of said re possessed motor vehicle. In the event said buyer exercises his right to demand a public sale of said goods, he shall in writing so advise the seller or holder of his election by registered or certified mail addressed to the seller or holder at the address from which the seller's or holder's notice emanated, within ten days after the posting of the original sel ler's or holder's notice. In the event of election of such public sale by the buyer, the seller or holder shall dispose of said repossessed motor vehicle at a public sale as provided by law, to be held in the state and county where the original sale took place, or the state and county where the motor vehicle was repossessed, or the state and county of the buyer's resi dence, at the seller's election. This Section is cumulative of Georgia Code Chapter 109A-9-5, and provides cumulative additional rights and remedies which must be fulfilled before any deficiency claim will lie against a buyer, and nothing herein shall be deemed to repeal said Code Chapter. Section 8. Penalties, (a) Any person who shall wilfully and in tentionally violate any provision of this Act shall be guilty of a mis demeanor and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars ($500.00) for the first offense and shall be punished as for a misdemeanor upon conviction for subsequent of- fenses. (b) A violation of Section 4 of this Act by the seller or holder shall bar recovery of any finance charge, delinquency or collection charge on the contract. (c) In case of a wilful violation of any provision of this Act, with respect to any transaction, the buyer in such transaction may recover from the person committing such violation (or may set off or coun terclaim in any action by such person) a minimum of one hundred dollars ($100.00), or double the time price differential and any de linquency charge and any attorneys' fees and court costs charged and 1988 JOURNAL OP THE HOUSE, paid with respect to such transaction, but the seller may recover from the buyer an amount equal to the cash price of the goods or serivces in such transaction and the cost of any insurance purchased by the seller for the buyer in connection therewith. (d) Notwithstanding the provisions of this Section, any failure to comply with any provision of Section 4 of this Act may be corrected within ten days after the date of execution of the retail installment contract by the buyer, and, if so corrected, neither the seller nor the holder is subject to any penalty under this Section. Section 9. Waiver. Any waiver of the provisions of this Act shall be unenforceable and void. Section 10. Effective date. This Act shall become effective on October 1, 1967. Section 11. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, sub section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. Section 12. Repealer. 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 ayes were 130, nays 0. The Senate substitute to HB 225 was agreed to. HB 292. By Messrs. Lambert of the 38th, Chandler of the 47th, and others: A Bill to be entitled an Act to provide for an additional Judge of the Superior Courts of the Ocmulgee Judicial Circuit, and for other purposes. The following Senate amendment was read: Senators Kidd of 25th, McGill of 24th, Pennington of 45th, move to amend HB 292 as follows: By striking from the title the following: "to provide for the procedure by which such judge shall be added;", and inserting in lieu thereof the following: "to provide for the election of such judge;". THURSDAY, MARCH 16, 1967 1989 By striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: "Section 2. Such additional judge shall be elected at the gen eral election in 1968, in the same manner as other judges of the superior courts are elected, and shall take office on January 1, 1969, for a term of four years and until his successor is elected and qualified. All future elections shall be held as are other elections for judges of the superior courts, and all future successors shall serve for a term which is the same as that of other judges of the superior courts." Mr. Lambert of the 38th moved that the House agree to the Senate amend ment. On the motion to agree, the ayes were 116, nays 0. The Senate amendment to HB 292 was agreed to. HR 76-209. 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 adopt building, electrical, plumbing, and other similar codes, to adopt planning and zoning ordi nances and to regulate construction of all types by requiring building permits; 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 Artcile XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following: "The governing authority of Camden County is hereby author ized to adopt, amend, and repeal building, housing, electrical, plumb ing, gas, and other similar codes relating to the construction, sani tation, erection, equipment, alteration, repair, occupancy or removal of buildings and structures located outside the corporate limits of any municipality in Camden County; to promulgate rules and regu lations concerning permits for, and inspections of, construction, equipment, alteration, repairing or removal of buildings, signs, and other structures outside the corporate limits of any municipality 1990 JOURNAL OP THE HOUSE, located in Camden County; and to prescribe fees or charges for permits and inspections, which fees shall be fixed and charged by the governing authority and shall be paid to the governing authority by the applicant for such permit or inspection. Said codes, rules, and regulations may embrace such matters as: the preparation and submission of plans and specifications; issuance of permits; standards governing the kind, quality, and performance of materials, equipment, and workmanship, establishment of fire zones, fireproofing, means of egress and ingress, floor area per occupant, sanitary facilities and usage proceedings in connection with unsafe, unsanitary, or inadequate structures. The governing authority of Camden County is hereby permitted to contract with any munici pality or other political subdivisions of this state possessing the authority to issue building permits and enforce building, electrical, plumbing, gas, housing, and other similar codes. The governing authority may institute injunction, mandamus or any other appro priate action or proceeding to prevent, correct or abate any violation or threatened violation under any of the codes, rules and regulations which may be adopted by the governing authority of Camden County pursuant to this amendment. The governing authority of Camden County is hereby authorized to appropriate and expend county funds to carry out purposes of this amendment. The governing authority of Camden County is hereby empowered to enact appropriate plan ning and zoning ordinances for public safety, historical, health, business, residential, and recreational purposes for the unincorpo rated areas of Camden County. This amendment shall be selfexecuting and shall not require any implementing legislation." 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 authority of Camden County in the un- NO ( ) incorporated areas thereof to adopt building, electrical, plumbing and other similar codes, to adopt planning and zoning ordinances, and to regulate construction of all types by requiring building permits?" 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 THURSDAY, MARCH 16, 1967 1991 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' Senate amendment was read: The Senate Committee on County and Municipal Governments moves to amend HR 76-209, Section 1, which proposes an amendment to Article XI, Section 1, Paragraph VI, of the Constitution by adding after the second sentence thereof the following: "Provided, however, no electrical code or regulation 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." Mr. Harrison of the 98th 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 Anderson Ballard Barfield Battle Berry, C. E. Berry, J. K. Black Blalock Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Brown, C. Carnes Gates Cheeks Cole Colwell Conner Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Davis Dean DeLong Dent Dickinson Dillon Dorminy Doster Douglas Edwards Fallin Farmer Floyd Gary Gay Gaynor Gignilliat Grahl Grier Hadaway Hall Harris, J. F. Harrison Higginbotham Hill Holder Hood Hutchinson Irvin Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Lambros Land Lane, Dick 1992 JOURNAL OF THE HOUSE, Lane, W. J. Lee, W. J. (Bill) Leggett Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McCracken McDaniell Melton Merritt Minge Mixon Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Pafford Palmer Paris Parker, C. A. ' Parker, H. W. Peterson Phillips Poss Potts Rainey Reaves Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Shields Shuman Simmons Sims Smith, G. W. Snow Stalnaker Starnes Steis Sullivan Thomas Thompson, A. W. Threadgill Townsend Tucker Turner Tye Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood Those not voting were Messrs.: Alexander Barber Bennett Bond Bray Brown, B. D. Buck Busbee Caldwell Cato Chandler Clarke Collins, J. F. Collins, M. Cook Cooper, B. Daugherty Dixon Dodson Dollar Egan Farrar Fleming Funk Hale Hamilton, Mrs. H. Harrington Harris, J. R. Harris, R. W. Henderson Howard Howell Jordan, W. H. Laite Lee, W. S. Leonard Matthews, D. R. McClatchey Miller Moate Moore, Don C. Odom Oglesby Otwell Parrish Pickard Ragland Richardson Sherman Smith, J. R. Smith, V. T. Smith, W. L. Sweat Thompson, R. Underwood Walling Wilson, J. M. Mr. Speaker On the motion to agree, the ayes were 147, nays 0. The Senate amendment to HR 76-209 was agreed to. THURSDAY, MARCH 16, 1967 1993 HR 75-209. 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 adopt building, electrical, plumbing, and other similar codes, to adopt planning and zoning ordi nances and to regulate construction of all types by requiring building permits; 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 XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following: "The governing authority of Charlton County is hereby author ized to adopt, amend, and repeal building, housing, electrical, plumb ing, gas, and other similar codes relating to the construction, sani tation, erection, equipment, alteration, repair, occupancy or removal of buildings and structures located outside the corporate limits of any municipality in Charlton County; to promulgate rules and regulations concerning permits for, and inspections of, construction, equipment, alteration, repairing or removal of buildings, signs, and other structures outside the corporate limits of any municipality located in Charlton County; and to prescribe fees or charges for permits and inspections, which fees shall be fixed and charged by the governing authority and shall be paid to the governing authority by the applicant for such permit or inspection. Said codes, rules, and regulations may embrace such matters as: The prepa ration and submission of plans and specifications; issuance of permits; standards governing the kind, quality, and performance of materials, equipment, and workmanship, establishment of fire zones, fireproofing, means of egress and ingress, floor area per occupant, sanitary facilities and usage proceedings in con nection with unsafe, unsanitary, or inadequate structures. The governing authority of Charlton County is hereby permitted to con tract with any municipality or other political subdivisions of this state possessing the authority to issue building permits and enforce building, electrical, plumbing, gas, housing, and other similar codes. The governing authority may institute injunction, mandamus or any other appropriate action or proceeding to prevent, correct or abate any violation or threatened violation under any of the codes, rules and regulations which may be adopted by the governing au thority of Charlton County pursuant to this amendment. The govern ing authority of Charlton County is hereby authorized to appro priate and expend county funds to carry out purposes of this amendment. The governing authority of Charlton County is hereby empowered to enact appropriate planning and zoning ordinances for public safety, historical, health, business, residential, and recre ational purposes for the unincorporated areas of Charlton County. 1994 JOURNAL OF THE HOUSE, This amendment shall be self-executing and shall not require any implementing legislation." 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 governing authority of Charlton County in the unincorporated areas thereof to NO ( ) adopt building, electrical, plumbing, and other similar codes, to adopt planning and zoning ordi nances, and to regulate construction of all types by requiring building permits?" 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 Senate amendment was read: The Senate Committee on County and Municipal Governments moves to amend HR 75-209, Section 1, which proposes an amendment to Article XI, Section 1, Paragraph VI, of the Constitution by adding after the second sentence thereof the following: "Provided, however, no electrical code or regulation 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." Mr. Harrison of the 98th moved that the House agree to the Senate amend ment. THURSDAY, MARCH 16, 1967 1995 On the motion to agree, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Anderson Ballard Barfield Battle Berry, C. E. Berry, J. K. Black Blalock Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Brown, C. Carnes Cates Cheeks Cole Colwell Conner Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Davis Dean DeLong Dent Dickinson Dillon Dorminy Doster Douglas Edwards Fallin Farmer Floyd Gary Gay Gaynor Gignilliat Grahl Grier Hadaway Hall Harris, J. F. Harrison Higginbotham Hill Holder Hood Hutchinson Irvin Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McCracken McDaniell Melton Merritt Minge Mixon Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimnier Northcutt Pafford Palmer Paris Parker, C. A. Parker, H. W. Peterson Phillips Poss Potts Rainey Reaves Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Shields Shuman Simmons Sims Smith, G. W. Snow Stalnaker Starnes Steis Sullivan Thomas Thompson, A. W. Threadgill Townsend Tucker Turner Tye Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood 1996 JOURNAL OF THE HOUSE, Those not voting were Messrs.: Alexander Barber Bennett Bond Bray Brown, B. D. Buck Busbee Caldwell Cato Chandler Clarke Collins, J. F. Collins, M. Cook Cooper, B. Daugherty Dixon Dodson Dollar Egan Farrar Fleming Funk Hale Hamilton, Mrs. H. Harringon, F. Harris, J. R. Harris, R. W. Henderson Howard Howell Jordan, W. H. Laite Lee, W. S. Leonard Matthews, D. R. McClatchey Miller Moate Moore, Don C. Odom Oglesby Otwell Parrish Pickard Ragland Richardson Sherman Smith, J. R. Smith, V. T. Smith, W. L. Sweat Thompson, R. Underwood Walling Wilson, J. M. Mr. Speaker On the motion to agree, the ayes were 147, nays 0. The Senate amendment to HR 75-209 was agreed to. HB 224. By Mr. Jones of the 112th: A Bill to be entitled an Act to regulate retail installment and home solicitation sales, and for other purposes. The following Senate substitute was read: A BILL To be entitled an Act to regulate retail installment and home so licitation sales and the financing thereof; to provide for a short title; to provide for definitions; to provide for statutory construction; to pro vide requirements and prohibitions as to retail installment contracts; to provide requirements and prohibitions as to revolving accounts; to provide for finance charge limitations; to provide for requirements and prohibitions as to mail order and telephone sales; to provide that the buyer shall have the right to cancel a home solicitation sale agreement for a certain period of time after the agreement has been signed by the buyer; to provide the procedure connected therewith; to provide for delinquency charges, attorneys' fees and court costs; to provide for the transfer of contracts; to provide that no assignment shall cut off any right of action or defense arising as a result of the provisions of sub- THURSDAY, MARCH 16, 1967 1997 section 10 (b) of this Act; to provide for cumulative and supplemental rights relating to repossession; to provide for penalties; to provide for the construction of this Act; to provide that contracts or accounts in effect prior to the effective date of this Act shall not be affected by this Act; to provide that any waiver of the provisions of this Act shall be unenforceable and void; to provide for sever ability; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA: Section 1. Short Title. This Act shall be known and may be cited as "The Retail Installment and Home Solicitation Sales Act". Section 2. Definitions. (a) Unless clearly indicated otherwise by the context, the following words when used in this Act, for the purposes of this Act, shall have the meanings respectively ascribed to them in this Section: (1) "Goods" means all personalty when purchased primarily for personal, family or household use, including certificates or coupons issued by a retail seller exchangeable for personalty or services, but not including motor vehicles. The term "goods" includes such personalty which is furnished or used at the time of sale or subsequently, in the modernization, rehabilitation, repair, alteration, improvement or con struction of real property as to become a part thereof, whether or not severable therefrom; if no security deed is taken thereon. (2) "Motor vehicle" means any device or vehicle operated over the public highways and streets of this state and propelled by other than muscular power, but does not include traction engines, road rollers, implements of husbandry and other agricultural equipment and such vehicles as run only upon a track. (3) "Services" means work or labor furnished for personal, family or household use, whether or not furnished in connection with the delivery, installation, servicing, repair or improvement of goods, and includes such work or labor furnished in connection with the moderniza tion, rehabilitation, repair, alteration, improvement or construction upon or in connection with the real property; if no security deed is taken thereon. (4) "Retail buyer" or "buyer" means a person who buys goods or obtains services from a retail seller in a retail installment transaction and not principally for the purpose of resale. (5) "Retail seller" or "seller" means a person regularly engaged in, and whose business consists to a substantial extent of, selling goods to a retail buyer. (6) "Retail installment transaction" or "transaction" means any transaction to sell or furnish, or the sale of, or the furnishing of, goods 1998 JOURNAL OF THE HOUSE, or services evidenced by a retail installment contract or a revolving account. (7) "Retail installment contract" or "contract" means an instru ment or instruments creating a purchase money security interest. It does not include a revolving account or an instrument reflecting a sale pursuant thereto. (8) "Revolving account" or "account" means an instrument or instruments prescribing the terms of retail installment transactions which may be made thereafter from time to time pursuant thereto, under which the buyer's total unpaid balance thereunder, whenever in curred, is payable in installments over a period of time and under the terms of which a time price differential is to be computed in relation to the buyer's unpaid balance from time to time. (9) "Cash sale price" means the price for which the seller would have sold or furnished to the buyer, and the buyer would have bought or obtained from the seller, the goods or services which are the subject matter of the retail installment transaction, if such sale had been a sale for cash. The cash sale price may include any applicable taxes and charges for delivery, installation, servicing, repairs, alterations, or im provements. (10) "Official fees" means the fees prescribed by law for filing, recording or otherwise perfecting or releasing or satisfying any title or lien retained or taken by a seller in connection with a retail install ment transaction. (11) "Time price differential" means the amount, however denomi nated or expressed, paid or payable for the privilege of purchasing goods or services to be paid for by the buyer in installments; it does not include the amounts, if any, charged for insurance premiums, de linquency charges, attorney's fees, court costs, or official fees. (12) "Sales finance company" means a person engaged in the busi ness of purchasing retail installment contracts from one or more retail sellers. The term includes but is not limited to a bank, trust company, or industrial loan company, if so engaged. The term does not include the pledge of an aggregate number of such contracts to secure a bona fide loan thereon. (13) "Home solicitation sale" means a consumer credit sale in which the purchase price is payable in installments and the seller or his repre sentative solicits the sale in person, and the buyer's agreement or offer to purchase is made at a home other than that of the person soliciting the sale, and the contract is signed at the time of such solicitation. (14) The "holder" of a retail installment contract means the retail seller of the goods or services under the contract or, if the contract is purchased by a sales finance company or other assignee, the sales finance company or other assignee. THURSDAY, MARCH 16, 1967 1999 (15) "Person" means an individual, partnership, corporation, asso ciation, and any other group however organized. (b) The rules of statutory construction contained in Chapter 102-1 of the Code of Georgia of 1933, as amended, shall apply to the provisions of this Act. Section 3. Retail installment contracts. (a) Every retail installment contract shall be in writing and shall be completed as to all essential provisions prior to the signing thereof by the buyer, except as provided in Paragraph (f) of this Section. The printed portion of the contract, other than instructions for completion, shall be in at least six point type. The contract shall contain substantial ly the following notice in size equal to at least ten point type: "Notice to the Buyer Do not sign this before you read it or if it contains any blank spaces. You are entitled to an exact copy of the paper you sign. You have the right to pay in advance the full amount due and under certain conditions to obtain a partial refund of the time price differential." The contract shall contain the names of the seller and the buyer, the place of business of the seller, and the residence or place of business of the buyer as specified by the buyer, and shall set forth the following: (1) The cash price of the goods or services. (2) The amount of the buyer's down payment, if any, whether made wholly or in part in money or goods. (3) The difference between items (1) and (2). (4) The amount, if any, of official fees and the cost, if any, to the buyer of any insurance (specifying the types of coverage) the buyer has agreed to procure if the seller has agreed to purchase the insurance and charge the buyer for the cost thereof. (5) The principal balance owed on the retail installment contract, which is the sum of items (3) and (4). (6) The amount or rate of the time price differential. (7) The time balance owed by the buyer to the seller, which is the sum of items (5) and (6), and except as hereinafter provided, the maxi mum number of installment payments required and the amount and date of each payment necessary to pay such time balance. The foregoing items need not be stated in the sequence or order set forth above and additional paragraphs may be included to explain the computations made in determining the amount to be paid by the buyer. 2000 JOURNAL OF THE HOUSE, (b) If the time price differential is stated as a simple annual rate, item (7) of Paragraph (a) hereof need not be stated. The maximum number of payments and the amount and date of each payment need not be separately listed if the payments are stated in terms of a series of scheduled amounts and if the amount of the final payment does not exceed by more than fifty percent (50%) the scheduled amount of any preceding installment; in such cases, the amount of the scheduled final payment shall be stated as the remaining unpaid balance. The initial date for the payment of the first installments may be a calendar date or may refer to the time of delivery or installation. (c) A retail installment contract need not be contained in a single document. If the contract is contained in more than one document, then one such document may be an original document applicable to pur chases of goods or services to be made by the retail buyer from time to time and in such case such document, together with the sales slip, account book or other written statement relating to each purchase, shall set forth all of the information required by Paragraph (a) and shall constitute the retail installment contract for each such purchase. (d) Notwithstanding the provisions of any other law, the seller under a retail installment contract may charge, receive and collect a time price differential, which shall not exceed the following rates: On the principal balance, twelve cents per one dollar per year on so much of the principal balance as does not exceed four hundred dollars; and ten cents per one dollar per year on so much of the principal balance as exceeds four hundred dollars. The time price differential under this Paragraph shall be computed on the principal balance of each transaction, as determined under Paragraph (a), item (5) of this Section on contracts payable in successive monthly payments substan tially equal in amount for the period from the date of the contract to and including the date when the final installment thereunder is payable. When a retail installment contract is payable other than in successive monthly payments substantially equal in amount, the time price dif ferential may be at the effective rates provided in this Paragraph, havdue regard for the schedule of payments. The time price differential may be computed on the basis of a full month for any fractional month period in excess of ten days. Notwithstanding the other provisions of this paragraph, a minimum time price differential not in excess of the following amounts may be charged on any retail installment contract; twelve dollars ($12.00) on any retail installment contract involving' an initial principal balance of fifty dollars ($50.00) or more; seven dollars and fifty cents ($7.50) on a retail installment contract involving an initial principal balance of more than twenty five dollars ($25.00) and less than fifty dollars ($50.00); and five dollars ($5.00) on a retail installment contract involving an initial principal balance of twenty- five dollars ($25.00) or less. (e) The seller shall present a completed copy of the retail install ment contract to the buyer at the time it is signed by the buyer. Any acknowledgment by the buyer of receipt of a copy of the contract shall be in a size equal to at least ten point bold face type and, if contained in the contract, shall appear directly above the buyer's signature. THURSDAY, MARCH 16, 1967 2001 (f) No retail installment contract shall be signed by the buyer when it contains blank spaces to be filled in after it has been signed except that, if delivery of the goods or services is not made at the time of execution of the contract, the identification of the goods or services and the due date of the first installment may be left blank and later inserted by the seller in the seller's counterpart of the contract after it has been signed by the buyer. The buyer's written acknowledgment, conforming to the requirements of Paragraph (e) of this Section, of delivery of a copy of a contract shall be presumptive proof, in any action or pro ceeding, of such delivery and that the contract, when signed, did not contain any blank spaces as herein provided. (g) The seller under any retail installment contract shall, within thirty days after execution of the contract, deliver or mail or cause to be delivered or mailed to the buyer at his aforesaid address any policy or policies of insurance the seller has agreed to purchase in connection therewith, or in lieu thereof a certificate or certificates of such in surance. The amount, if any, included for insurance shall not exceed the applicable premiums chargeable in accordance with the rates filed with the insurance department; if any such insurance is canceled, unearned insurance premium refunds received by the holder shall be credited to the final maturing installment of the contract except to the extent applied toward the payment for similar insurance protecting the inter ests of the seller and the holder or either of them. Nothing in this Act shall impair or abrogate the right of a buyer to procure insurance from an agent and company of his own selection, as provided by the insurance laws of this state; and nothing contained in this Act shall modify, alter or repeal any of the insurance laws of this state. The term "holder" as used in this Act, means the retail seller unless the seller has assigned the contract, in which case "holder" means the assignee of such contract at the time of the determination. (h) If the buyer so requests, the holder shall give or forward to the buyer a receipt for any payment when made in cash. (i) Notwithstanding the provisions of any retail installment con tract to the contrary, any buyer may prepay in full at any time before maturity the unpaid balance of any retail installment contract and in so paying such unpaid balance shall receive a refund credit thereon for such anticipation of payments. The amount of such refund shall repre sent at least as great a proportion of the time price differential after first deducting therefrom an acquisition cost of fifteen dollars ($15.00), as the sum of the monthly time balances beginning one month after pre payment is made, bears to the sum of all the monthly time balances under the schedule of payments in the contract. This method of refund upon prepayment is commonly referred to as the "Rule of 78" or the "Sum of the Digits" refund method. Where the amount of such refund credit is less than one dollar ($1.00), no refund need be made. (j) In a retail installment transaction involving the modernization, rehabilitation, repair, alteration, improvement or construction of real property, the buyer may be charged for and there may be collected from him, or there may be added to the cash sale price, the reasonable fees and costs actually to be paid for construction authorizations and similar permits issued by public agencies. 2002 JOURNAL OF THE HOUSE, Section 4. Revolving accounts. (a) Every revolving account shall be in writing and shall be com pleted prior to the signing thereof by the retail buyer. The printed portion, other than instructions for completion, of any revolving account executed on or after the effective date of this Act shall be in at least six point type. Any such account shall contain the names of the seller and the buyer, the place of business of the seller, and the residence or place of business of the buyer as specified by the buyer, and substantially the following notice in a size equal to at least ten point type: "Notice to the Buyer Do not sign this before you read it or if it contains any blank spaces. You are entitled to an exact copy of the paper you sign. You have the right to pay in advance the full amount due." A copy of any such account executed on or after the effective date of this Act (October 1, 1967) shall be delivered or mailed to the retail buyer by the retail seller prior to the date on which the first payment is due thereunder. Any acknowledgment by the buyer of delivery of a copy of the account shall be in a size equal to at least ten point bold face type and, if contained in the account, shall appear directly above the buyer's signature. No account executed on or after October 1, 1967, shall be signed by the buyer when it contains blank spaces to be filled in after it has been signed. The buyer's acknowledgment, conforming to the requirements of this Paragraph, of delivery of a copy of an account, shall be presumptive proof, in any action or proceeding, of such delivery and that the account, when signed, did not contain any blank spaces as herein provided. All accounts executed on or after October 1, 1967, shall state the amount of, or the method of calculating, the time price differential to be charged and paid pursuant thereto or shall state that a time price differential not in excess of that permitted by this Act will be charged and paid pursuant to such account. (b) The retail seller under a revolving account shall promptly sup ply the retail buyer thereunder with a statement as of the end of each monthly period (which need not be a calendar month), or other regular period agreed upon by the retail seller and the retail buyer, in which there is any unpaid balance thereunder, which shall recite the following: (1) The unpaid balance under the account at the beginning and end of the period. (2) Unless otherwise furnished by the retail seller to the retail buyer by sales slip, memorandum, or otherwise, the cash price and the date of each purchase during the period. (3) The payments made by the retail buyer to the retail seller and any other credits to the retail buyer during the period. (4) The amount of the time price differential, if any. The items need not be stated in the sequence or order set forth above; and addi- THURSDAY, MARCH 16, 1967 2003 tional items may be included to explain the computations made in de termining the amount to be paid by the retail buyer. (c) Notwithstanding the provisions of any other law, the seller under a revolving account may charge, receive and collect, a time price differential which shall not exceed fifteen cents per ten dollars ($10.00) per month computed on all amounts unpaid thereunder from month to month (which need not be a calendar month) or other regular period; however, if the amount of the time price differential so computed shall be less than one dollar ($1.00) for any such month, a time price differ ential of one dollar ($1.00) for any such month may be charged, received and collected. If the regular period is other than such monthly period or if the unpaid amount is less than or greater than five dollars ($5.00), the permitted time price differential shall be computed proportionately. Such time price differential may be computed for all unpaid balances within a range of not in excess of ten dollars ($10.00) on the basis of the median amount within such range if as so computed such time price differential is applied to all unpaid balances within such range. Section 5. Mail order and telephone sales. Retail installment con tracts negotiated and entered into by mail or telephone without personal solicitation by salesmen or other representatives of the seller, where a catalog of the seller or other printed solicitation of business, which is distributed and made available generally to the public, clearly sets forth the cash price and other terms of sales to be made through such medium, may be made as provided in this Section. All of the provisions of this Act relating to contracts shall apply to such sales except that the seller shall not be required to deliver a copy of the contract to the buyer as provided in Section 3, Paragraph (e) of this Act, and if the contract when received by the seller contains any blank spaces the seller may insert in the appropriate blank space the amounts of money and other terms which are set forth in the seller's catalog or other printed solici tation which is then in effect. In lieu of presenting the buyer with a copy of the contract as provided in Section 3, Paragraph (e) of this Act, the seller shall furnish to the buyer a written statement of any items inserted in the blank spaces in the contract received from the buyer. Section 6. Home solicitation sales. (a) The buyer shall have the right to cancel a home solicitation sale agreement until midnight of the day after the day on which the buyer signs the agreement. (b) Notice of cancellation under this Section shall be given to the seller at the place of business as set forth in the agreement by certified mail, return receipt requested, which shall be posted not later than midnight on the day following execution of the agreement. (c) In the event of cancellation pursuant to this Section, the in stallment seller shall refund to the buyer within ten (10) days after such cancellation all deposits, including any down payment made under the agreement, and redeliver any goods traded in to the seller on account or in contemplation of the home solicitation sale agreement. 2004 JOURNAL OF THE HOUSE, (d) In the event of cancellation pursuant to this Section, the seller shall have the right to charge the buyer five percent (5%) of the gross sales price of the merchandise purchased by the buyer, or $25.00, which ever is less, as liquidated damages. The seller shall also be entitled to reclaim and the buyer shall return, whenever possible, the home solici tation sale agreement. The buyer shall incur no additional liability for cancellation pursuant to this Section. (e) If the buyer has received the merchandise sold, the buyer must return that merchandise unused, in the same condition as received by the buyer. The seller shall pick up the merchandise at the place sold within a reasonable time after notice of cancellation, and the seller shall receive from the buyer at that time the actual cost of picking up the merchandise, or $5.00, whichever is less. (f) Notice of cancellation given by the buyer need not take any particular form and, however expressed, is effective if it indicates the intention of the buyer not to be bound by the home solicitation sale. (g) The provisions of this Section shall not apply to any contract for services if the services are performed or to goods which have been so altered as a result of the contract as to be unsuitable for resale by the seller, if such services are performed or goods altered prior to receipt of notice by the seller. Section 7. Delinquency charges, attorneys' fees and court costs. A retail installment contract may provide for payment by the buyer of a delinquency charge on any installment which is not paid within ten days from the date such payment is due. Such charge may not exceed five percent (5%) of such installment or five dollars ($5.00), whichever is less. A delinquent charge shall not be collected more than once for the same default. A retail installment contract or a revolving account may provide for the payment of reasonable attorney's fees if referred for collection to an attorney not a salaried employee of the retail seller and for the payment of court costs. Section 8. Transfer of contracts. (a) Any retail seller may assign, pledge, hypothecate, or otherwise transfer a retail installment contract or revolving account to any person, firm or corporation on such terms and conditions and for such price as may be mutually agreed upon. Unless the buyer has notice of the assign ment, payment thereunder made by the buyer to the last known owner of the contract or account shall be binding on all subsqeuent owners thereof. (b) In no event will any such assignment bar any right of action against the seller arising as a result of the provisions of this Act or will any such assignment bar any defense against the sales finance company or other assignee arising as a result of the provisions of Sub section 10 (b) of this Act. Section 9. Deficiency. When any goods have been repossessed after default in accordance with Georgia Code Chapter 109 A-9-5, the seller THURSDAY, MARCH 16, 1967 2005 or holder shall not be entitled to recover a deficiency against said buyer unless within ten days after said repossession, he forwards by registered or certified mail to the address of the buyer shown on the contract, or later designated by said buyer, a notice of the seller's or holder's in tention to pursue a deficiency claim against said buyer. Said notice shall also advise the buyer of his rights of redemption, as well as his right to demand a public sale of said repossessed goods. In the event said buyer exercises his right to demand a public sale of said goods, he shall in writing so advise the seller or holder of his election by regis tered or certified mail addressed to the seller or holder at the address from which the seller's or holder's notice emanated, within ten days after the posting of the original seller's or holder's notice. In the event of election of such public sale by the buyer, the seller or holder shall dispose of said repossessed goods at a public sale as provided by law, to be held in the state and county where the original sale took place, or the state and county where the goods were repos sessed, or the state and county of the buyer's residence, at the seller's election. This Section is cumulative of Georgia Code Chapter 109 A-9-5, and provides cumulative additional rights and remedies which must be ful filled before any deficiency claim will lie against a buyer, and nothing herein shall be deemed to repeal said Code Chapter. Section 10. Penalties. (a) Any person who shall wilfully and intentionally violate any provision of this Act shall be guilty of a misdemeanor and upon con viction thereof shall be punished by a fine not to exceed five hundred dollars ($500.00) for the first offense and shall be punished as for a misdemeanor upon conviction for subsequent offenses. (b) A violation of Section 3 (d) shall bar recovery of any finance charge, delinquency or collection charge on the contract. A violation of Section 4 (c) shall bar recovery of any finance charge, delinquency or collection charge stated on or collected in connection with the statement on which any such violation shall occur. (c) In case of a wilful violation of any provision of this Act, with respect to any transaction, the retail buyer in such transaction may recover from the person committing such violation (or may set off or counterclaim in any action by such person) a minimum of one hundred dollars ($100.00), or double the time price differential and any de linquency charge and any attorneys' fees and court costs charged and paid with respect to such transaction, but the retail seller may recover from the retail buyer an amount equal to the cash price of the goods or services in such transaction and the cost of any insurance purchased by the retail seller for the retail buyer in connection therewith. (d) Notwithstanding the provisions of this Section, any failure to comply with any provisions of Subsection 3 (d) of this Act may be corrected within ten days after the date of execution of the retail 2006 JOURNAL OF THE HOUSE, installment contract by the buyer, and if so corrected, neither the seller nor the holder is subject to any penalty under this Section. Section 11. Construction of Act. Nothing contained in this Act shall be construed so as to amend, modify, supersede or repeal an Act re lating to charges and interest on loans secured by secondary security deeds, approved March 16, 1966 (Ga. Laws 1966, p. 577), as now or hereafter amended. Section 12. Prior contracts not affected. The provisions of this Act shall not make unlawful contracts or accounts in effect prior to October 1, 1967. Section 13. Waiver. Any waiver of the provisions of this Act shall be unenforceable and void. Section 14. Effective date. The provisions of this Act shall become effective on October 1, 1967. Section 15. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, sub section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. Section 16. Repealer. 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 ayes were 129, nays 0. The Senate substitute to HB 224 was agreed to. HB 523. By Mr. Steis of the 100th: A Bill to be entitled an Act to amend an Act so as to provide for the compensation of the Attorney General, and for other purposes. The following Senate amendment was read: The Senate Judiciary Committee moves to amend HB 523 as follows: By adding after the words "department of State Government" and before the words "financed by appropriations" the following: THURSDAY, MARCH 16, 1967 2007 "up to a maximum of 20 years service". Mr. Steis of the 100th moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 114, nays 0. The Senate amendment to HB 523 was agreed to. HB 232. By Messrs. Smith of the 54th, Hale of the 1st, and others: A Bill to be entitled an Act to amend Code Section 47-210 so as to provide annual compensation and allowances for the Secretary of the Senate and the Clerk of the House, and for other purposes. The following Senate amendment was read: The Committee of Economy, Reorganization & Efficiency in Govern ment moves to amend HB 232 as follows: By striking from Section 1 the figure "9,000.00" and inserting in lieu thereof the figure "10,000.00". Mr. McCracken of the 49th moved that the House agree to the Senate amend ment. On the motion to agree, the ayes were 129, nays 0. The Senate amendment to HB 232 was agreed to. HB 366. By Messrs. Phillips of the 41st, Lane of the 64th and Parker of the 55th: A Bill to be entitled an Act to amend an Act creating the Georgia Recreation Commission so as to provide that members shall receive per diem, and for other purposes. The following Senate amendment was read: Business, Trade and Commerce Committee moves to amend HB 366 as follows: 2008 JOURNAL OF THE HOUSE, By inserting in the title after the word "incurred" and before the word "for" the following: "not to exceed a certain amount". By striking from Section 1 and quoted Section 2 of Section 1 wherever the same shall appear the following: "The members of the Commission shall receive a per diem of twenty dollars ($20.00) and reimbursement for their actual expenses incurred for each day spent on official business of the Commission as authorized by the Chairman.", and inserting in lieu thereof the following: "The members of the Commission shall receive a per diem of twenty dollars ($20.00) and reimbursement for their actual expenses incurred, not to exceed twenty-five dollars ($25.00) for each day spent on official business of the Commission, as authorized by the Chairman." Mr. Phillips of the 41st moved that the House agree to the Senate amend ment. On the motion to agree, the ayes were 114, nays 0. The Senate amendment to HB 366 was agreed to. HB 474. By Messrs. Smith of the 54th, Hale of the 1st, and others: A Bill to be entitled an Act to provide for the control of outdoor adver tising adjacent to certain highways, and for other purposes. The following Senate amendment was read: Senate Coggins of the 35th moves to amend HB 474 as follows: 1. By adding at the end of the first paragraph of Section 6 the following language: "Provided, however, that the initial permit fee shall be $10.00 and all subsequent renewal fees shall be $4.00 per annum." Mr. Jones of the 76th moved that the House agree to the Senate amendment. THURSDAY, MARCH 16, 1967 2009 On the motion to agree, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Barfield Berry, C. E. Black Bostick Bowen Branch Brantley, H. H. Bray Brown, C. Caldwell Games Gates Cato Chandler Collins, J. F. Colwell Cook Cooper, J. R. Cox Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dickinson Dixon Dodson Dollar Dorminy Douglas Edwards Tallin Farmer Farrar Fleming Funk Gary Hall Hamilton, Mrs. H. Harrington Harris, J. F. Harris, J. R. Harrison Hill Holder Hood Howard Howell Irvin Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, C. Jordan, W. H. Kaylor Kirksey Knapp Land Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Longino Lovell Lowrey Magoon Malone Mason Mauldin Maxwell McCracken Melton Minge Nash Newton Northcutt Oglesby Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Phillips Poss Potts Ragland Rainey Reaves Richardson Rowland Rush Savage Shanahan Sherman Sims Smith, W. L. Starnes Steis Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Tye Vaughn, C. R. Wells Westlake Williams Wilson, R. W. Wood Voting in the negative was Mr. Grier. Those not voting were Messrs.: Adams Alexander Anderson Ballard Barber Battle Bennett Berry, J. K. Blalock 2010 Bond Brantley, H. L. Brown, B. D. Buck Busbee Cheeks Clarke Cole Collins, M. Conner Cooper, B. Crowe, William Dean Dillon Doster Egan Floyd Gay Gaynor Gignilliat Grahl Hadaway Hale Harris, R. W. Henderson Higginbotham Hutchinson JOURNAL OF THE HOUSE, Jenkins Jones, M. Laite Lambert Lambros Lane, Dick Lane, W. J. Leonard Levitas Matthews, C. Matthews, D. R. McClatchey McDaniell Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nessmith Nimmer Odom Otwell Peterson Pickard Roach Ross Russell Scarlett Shields Shuman Simmons Smith, C. W. Smith, J. R. Smith, V. T. Snow Stalnaker Townsend Tucker Turner Underwood Vaughan, D. N. Walling Wamble Ward Ware Whaley Wigging Wilson, J. M. Winkles Mr. Speaker On the motion to agree, the ayes were 114, nays 1. The Senate amendment to HB 474 was agreed to. HB 478. By Messrs. Smith of the 54th, Hale of the 1st, and others: A Bill to be entitled an Act to amend the Sales and Use Tax Act so as to include from "retail sales" personal property used in a facility constructed for the purpose of reducing air and water pollution, and for other purposes. The following Senate amendment was read: The Senate Committee on Industry and Labor offers the following amendment to HB 478 by deleting paragraph to T and Section I sub stituting a new paragraph to read as follows: (T) The sale of machinery and equipment which is incorporated into any facility and used for the primary purpose of reducing or or eliminating air or water pollution. Any person making a sale of machinery and equipment for the purposes specified in this subparagraph shall collect the tax imposed THURSDAY, MARCH 16, 1967 2011 thereon by this chapter unless the purchaser furnishes him with a certificate issued by the Commissioner certifying that the purchaser is entitled to purchase such machienry and equipment without pay ing the tax. Mr. Jones of the 76th moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 114, nays 0. The Senate amendment to HB 478 was agreed to. HB 583. By Messrs. Smith of the 54th, Busbee of the 79th, and others: A Bill to be entitled an Act to amend an Act so as to provide for the compensation of Assistant Attorneys General appointed by the Governor, and for other purposes. The following Senate substitute was read: A BILL To be entitled an Act to amend an Act reorganizing the State Department of Law, approved February 18, 1943 (Ga. Laws 1943, p. 284), as amended, particularly by an Act approved February 18, 1966 (Ga. Laws 1966, Volume 1, page 43), so as to authorize the Governor to appoint two Assistant Attorneys General or Deputy Assistant Attorneys General; to provide that the Assistant Attorneys General appointed by the Governor shall be paid salaries, expenses, and all other remunera tions from funds appropriated to the Executive Department; to limit the compensation of employees of the Department of Law; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reorganizing the State Department of Law, ap proved February 18, 1943 (Ga. Laws 1943, p. 284), as amended by an Act approved February 18, 1966 (Ga. Laws 1966, Volume 1, page 43), is hereby further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: "Section 3. All Assistant Attorneys General, Deputy Assistant Attorneys General, and Law Assistants shall be appointed by the Attorney General for such periods of time as he deems advisable. The compensation of all Assistant Attorneys General, Deputy As sistant Attorneys General, Law Assistants and other employees of the Department of Law shall be established by the appointing 2012 JOURNAL OF THE HOUSE, authority, except that those employees under the Merit System shall be compensated according to the laws and rules and regula tions of said system. Any Assistant Attorney General, Deputy Assistant Attorney General, Law Assistant, or other employee not under the Merit System may be removed by the appointing au thority." Section 2. Said Act is further amended by adding after Section 3 and before Section 4 a new section to be known as Section 3A to read as follows: "Section 3A. No employee of the Law Department shall be entitled to or authorized to receive any salary, fee, compensation or other remuneration of any type, nor to the reimbursement of expenses from any other State department, agency, commission, board, authority, bureau, legislative, judicial or executive body of State Government, provided, however, nothing contained herein shall apply to or be construed to exclude or prohibit the payments provided for in Georgia Laws 1958, p. 118." Section 3. Said Act is further amended by adding after Section 4 and before Section 5 a new section to be known as Section 4A to read as follows: "Section 4A. The Governor shall be authorized to appoint two Assistant Attorneys General or Deputy Assistant Attorneys Gen eral for such periods of time as he deems advisable to serve the Governor as his special counsel. The salaries, expenses and all other remunerations of the Assistant Attorneys General or Deputy As sistant Attorneys General appointed by the Governor shall be paid from funds appropriated to or otherwise made available to the Executive Department." Section 4. This Act shall become effective July 1, 1967. Section 5. 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 123, nays 0. The Senate substitute to HB 583 was agreed to. HB 412. By Mr. Barber of the 24th, Lane of the 64th and Rowland of the 48th: A Bill to be entitled an Act to amend Code Section 40-504 so as to pro vide for the compensation of the Secretary of State, and for other purposes. THURSDAY, MARCH 16, 1967 2013 The following Senate substitute was read: A BILL To be entitled an Act to amend Code Section 40-504, relating to the salary of the Secretary of State, as amended, particularly by an Act approved March 6, 1961 (Ga. Laws 1961, p. 66), so as to provide for the compensation and allowances of the secretary of State; to amend Code Section 40-901, relating to the election, salary, and term of office of the State Treasurer, as amended, particularly by an Act approved March 7, 1961 (Ga. Laws 1961, p. 133), so as to change the salary of the State Treasurer; to amend Code Section 40-1404, relating to the salary of the Comptroller General, as amended, particularly by an Act approved April 12, 1963 (Ga. Laws 1963, p. 575), so as to change the salary of the Comptroller General; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-504, relating to the salary of the Secre tary of State, as amended, particularly by an Act approved March 6, 1961 (Ga. Laws 1961, p. 66), is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Section 40-504 to read as follows: "40-504. The Secretary of State shall be compensated in the amount of $22,500.00 per annum, plus the amount authorized by law as the salary of the Secretary of State as Keeper of Public Buildings and Grounds, all of which shall be paid in equal monthly or semimonthly installments. He shall also receive an annual con tingent expense allowance in the amount of $3,600.00 per annum in lieu of any and all travel expenses and expenses of purchasing a personal automobile for official use with the exception of actual transportation expenses incurred while traveling by public carrier and the expenses incurred at the legal mileage rate for the use of a personal automobile. The contingent expense allowance shall also be paid in equal monthly or semimonthly installments. He shall receive no compensation or allowances whatsoever for serving on nay board, bureau, commission, committee, or for any other ex officio office for which he previously received compensation." Section 2. Code Section 40-901, relating to the election, salary, and term of office of the State Treasurer, as amended, particularly by an Act approved March 7, 1961 (Ga. Laws 1961, p. 133), is hereby amended by striking the figure "$18,000.00", and inserting in lieu thereof the figure "$22,500.00", so that when so amended Section 40-901 shall read as follows: "40-901. There shall be a Treasurer of the State who shall be elected at the same time, for the same term, and in the same manner as the Governor, who shall receive an annual salary of $22,500.00, payable semimonthly, and in addition thereto he shall be reimbursed for actual expenses incurred in the performance of his duties. The State Treasurer shall fix the compensation of the 2014 JOURNAL OF THE HOUSE, employees of the Treasury Department; provided, however, that employees of the Treasury Department under the Merit System applicable to Treasury Department employees shall be compensated as provided by the rules and regulations of said system." Section 3. Code Section 40-1404, relating to the salary of the Comptroller General, as amended, particularly by an Act approved April 12, 1963 (Ga. Laws 1963, p. 575), is hereby amended by striking the figure "$19,600", and inserting in lieu thereof the figure "$22,500.00", so that when so amended Section 40-1404 shall read as follows: "40-1404. The Comptroller General shall receive an annual salary of $22,500.00, and shall also be reimbursed for expenses in curred in the performance of his duties. The compensation provided for herein shall be the full compensation for the Comptroller Gen eral and he shall receive no other compensation by virtue of his duties under any other title or by virtue of any other duties what soever. No other law providing for compensation, allowances or other perquisites shall hereafter be applicable to the Office of Comptroller General, and he shall only receive the salary provided for in this section and be reimbursed for expenses as provided for in this section. The Comptroller General shall fix the compensation of the employees of his office, including the employees of all divi sions and units by whatever name called over which the Comptroller General has jurisdiction, except that any employees under the Merit System shall be compensated as provided by the laws and rules and regulations relative to such System. Employees shall also be reimbursed for expenses incurred in the performance of their duties." Section 4. 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 ayes were 134, nays 0. The Senate substitute to HB 412 was agreed to. HB 345. By Messrs. Smith of the 54th, Hale of the 1st, and others: A Bill to be entitled an Act to amend an Act so as to increase the amount of bonds which the State Hospital Authority may issue, and for other purposes. The Senate Committee on Economy, Reorganization and Efficiency moves to amend HB 345 as follows: THURSDAY, MARCH 16, 1967 2015 By striking from quoted Section 5 of Section 1, the words "one hundred" and inserting in lieu thereof the word "sixty". Mr. Jones of the 76th moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 132, nays 0. The Senate amendment to HB 345 was agreed to. HB 396. By Mr. Dorminy of the 72nd: A Bill to be entitled an Act to amend Code Section 88-7715 relating to death registrations, and for other purposes. The following Senate substitute was read: A BILL To be entitled an Act to amend Code Section 88-1715 relating to death registrations, so as to require the Department of Public Health to forward to the custodian of records of the county of the residence of any deceased person a copy of his death certificate in the event he died in a county other than the county of his residence; to require the custodian of records of the county of such deceased person's residence to enter such death on the records in his office; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 88-1715 relating to death registrations, is hereby amended by adding a new subsection to be known as Subsection (d) to read as follows: "(d) When death occurs in a county other than the county of the residence of the deceased person, a copy of his death certifi cate shall be forwarded as soon as practicable by the Department of Public Health to the custodian of records of the county of the residence of such deceased person. The custodian of records shall file such death certificates as a part of the permanent records of his office." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Mr. Dorminy of the 72nd moved that the House agree to the Senate sub stitute. 2016 JOURNAL OF THE HOUSE, On the motion to agree, the ayes were 134, nays 0. The Senate substitute to HB 396 was agreed to. HB 641. By Messrs. Lowrey of the 13th and Minge and Starnes of the 13th: A Bill to be entitled an Act to establish a merit system for the em ployees of Floyd County, and for other purposes. The following Senate amendments were read: The Senate Committee on County & Municipal Governments moves to amend HB 641 as follows: By adding three new subsections immediately following subsection (s) of Section 2 to be designated subsections (t), (u) and (v) and to read as follows: "(t) The Warden of the Floyd County Public Works Camp, "(u) The Purchasing Agent for Floyd County, "(v) All employees of Registrar's Office. Senator Hall of the 52nd moves to amend HB 641 by striking there from Section 7 in its entirety and placing in lieu thereof a new Section to read as follows: "Section 7. 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 ad judged 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 such part or parts hereof would be declared or adjudged invalid or unconstitutional." Hall of the 52nd further moves to amend HB 641 by adding a new subsection to follow subsection 7 and to be numbered subsection 8 and to read as follows: "Section 8. All laws and parts of laws in conflict with this Act are hereby repealed." Mr. Lowrey of the 13th moved that the House agree to the Senate amend ments. THURSDAY, MARCH 16, 1967 On the motion to agree, the ayes were 103, nays 0. 2017 The Senate amendments to HB 641 were agreed to. HB 735. By Mr. Clarke of the 45th: A Bill to be entitled an Act to place the clerk of the superior court of Butts County on an annual salary, and for other purposes. The following Senate amendment was read: The Senate Committee on County and Municipal Governments moves to amend HB 735 as follows: By adding in the title after the words "annual salary" the word "supplement". By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: "Section 1. In addition to the fees provided for hereinafter for the Clerk of the Superior Court of Butts County, said clerk shall also receive a supplement of $7,500.00 per annum to be paid in equal monthly installments from the funds of Butts County." Mr. Clarke of the 45th moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 103, nays 0. The Senate amendment to HB 735 was agreed to. HB 790. By Messrs. Maxwell of the 106th, Dent and Cheeks of the 104th and others: A Bill to be entitled an Act to amend an Act so as to change the com pensation of the officers of certain counties, and for other purposes. The following Senate amendment was read: The Senate Committee on County and Municipal Government moves to amend HB 790 as follows: 2018 JOURNAL OP THE HOUSE, By inserting in the title, immediately before the phrase "to repeal conflicting laws" the following: "to provide for the compensation of the coroner of such counties;". By renumbering Section 8 as Section 9, and by adding a new Section immediately following Section 7 to be designated Section 8, to read as follows: "Section 8. The coroner of such counties shall receive an annual salary, payable monthly, of five thousand five hundred twenty ($5,520.00) dollars in lieu of the fees allowed coroners by law for holding inquests and performing any and all duties as coroner. In addition to said salary, said coroner shall be paid for the cost of fifty (50) gallons of gasoline per month for each month while he is coroner for use in performing his duties as coroner. The payment for such gasoline shall be paid to the coroner by the treasurer from the treasury of such county, and said monthly salary shall be paid from said county treasury by the treasurer at the same time that all other monthly salaries are paid elected county officials." Mr. Maxwell of the 106th, 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 790 was agreed to. HB 511. By Mrs. Hamilton of the 137th, Messrs. McClatchey of the 138th, and others: A Bill to be entitled an Act to provide for a Board of Elections in certain counties, and for other purposes. The following Senate substitute was read: A BILL To be entitled an Act to provide for a board of elections in each county of this State having a population of more than 500,000 according to the 1960 United States decennial census and any future such census; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation and removal of its members; to provide for the qualifications and term of its members; to provide for an elections supervisor, clerical assistants and other em ployees; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 16, 1967 2019 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. There is hereby created in each county of this State having a population of more than 500,000 according to the 1960 United States decennial census and any future such census, a county board of elections which shall have jurisdiction over the conduct of primaries and elections in such counties, in accordance with the provisions of this Act. Section 2. The board of such county shall be composed of five members, each of whom shall be an elector and resident of the county, and who shall be appointed in the following manner: (a) Two members shall be appointed by the governing author ity of such county from nominations made by the chairman of the county executive committee of the political party whose candidates at the last preceding regular general election, held for the election of all members of the General Assembly, received the largest num ber of votes in this State for members of the General Assembly, and (b) Two members shall be appointed by the governing author ity of such county from nominations made by the chairman of the county executive committee of the political party whose candidates at such election received the next largest number of such votes, and (c) One member shall be appointed by the governing authority of such county, which member shall be designated permanent chair man of the board. Section 3. No person who holds elective public office shall be eligi ble to serve as a member of any such board of elections during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member qualifying as a candi date for elective public office. Section 4. The appointment of each member shall be made by the respective appointing authority, no later than thirty days preceding the date at which such member is to take office, by notifying the clerk of the superior court in writing of the name and address of the person appointed. The clerk of the superior court shall make a record of such notification on the minutes of the court, certify such appointments to the Secretary of State and provide for the issuance of appropriate com missions, within the same time and in the same manner as provided by law for registrars. In the event any appointing authority fails (1) to make a regular appointment within the time specified in this section, or (2) to make an interim appointment to fill a vacancy within ninety days after the creation of such vacancy, such regular or interim ap pointment shall be made forthwith by the governing authority. Section 5. Each member of the board shall serve for a term of two years and until his successor is appointed and qualified, except in the event of resignation or removal as hereinafter provided. Each member shall be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resignation to the 2020 JOURNAL OP THE HOUSE, respective appointing authority. Each member shall be subject to re moval from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars. The first appointees under this Act shall take office on July 1, 1967. Section 6. In the event a vacancy occurs in the office of any mem ber before the expiration of his term, by removal, death or resignation, or otherwise, the respective appointing authority shall appoint a suc cessor to serve the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as for regular appoint ments. Section 7. Before entering upon his duties, each member of the board shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Section 8. The board shall be responsible for the selection, appoint ment and training of poll workers and such workers shall be appointed, insofar as practicable, from lists provided the board by the county executive committee of each political party. Section 9. Each board of elections shall: (a) With regard to the preparation for conduct and administration of elections, succeed to and exercise all duties and powers granted to and incumbent upon the ordinary by Title 34 of the Georgia Code of 1933, as now or hereafter amended, particularly by an Act entitled "The Georgia Election Code", approved June 24, 1964 (Ga. Laws Ex. Sess. 1964, p. 26), of whatever nature and kind, and any other provision of law with respect thereto. (b) With regard to the preparation for and conduct of primaries: (1) succeed to all the duties and powers granted to and incumbent upon the ordinary by Title 34 of the Georgia Code of 1933, as now or hereafter amended, particularly by an Act entitled "The Georgia Elec tion Code", approved June 24, 1964 (Ga. Laws Ex. Sess. 1964, p. 26), of whatever nature and kind, and any other provision of law with respect thereto, and (2) formulate, adopt and promulgate rules and regulations, con sistent with law and the rules and regulations of the State executive committee of each political party, governing the conduct of primaries, to the end that, insofar as practicable, all primaries shall be uniformly conducted by the county executive committee of each political party, poll workers properly trained and voters adequately informed and instructed. Nothing in this Act shall be construed to require joint primaries or to require the governing authority or any other public agency to bear any expense of conducting primaries not otherwise required by law. THURSDAY, MARCH 16, 1967 2021 Section 10. Upon the event of the initial appointment of five persons to the board and certification of such appointments by the clerk of the superior court, the ordinary shall be relieved from all powers and duties to which the board of elections succeeds by the provisions of this Act and shall deliver to the board of elections, upon request of the chairman, the custody of all equipment, supplies, materials, books, papers, records and facilities of every kind pertaining to such powers and duties. Mrs. Hamilton of the 137th moved that the House agree to the Senate substitute. On the motion to agree, the ayes were 103, nays 0. The Senate substitute to HB 511 was agreed to. HB 507. By Messrs. Lambros of the 130th, Adams of the 125th, and others: A Bill to be entitled an Act to create a system of traffic courts in certain cities, and for other purposes. The following Senate substitute was read: A BILL To be entitled an Act to create a system of traffic courts pursuant to the Constitution of Georgia for each city of this State having a popu lation of more than 300,000 by the Federal Census of 1960, or by any future Federal Census, giving to such courts jurisdiction to try offenses against the traffic laws of this State and offenses against traffic ordi nances committed within the territorial jurisdiction of such cities; to provide for the institution of prosecution by summons, information or accusation; to provide for the appointment, term of office, and com pensation of the judges, clerks, solicitors and other administrative officers; to provide adequate housing; to establish suitable rules and regulations for the operation of such courts; to provide for the selection of jurors, the payment of costs and the disposition of fines and forfei tures; to provide that the municipal courts of such cities shall not have jurisdiction over traffic offenses and for all other matters incidental to such courts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 Pursuant to the provisions of Article VI, Section I, of the Consti tution of Georgia, as amended, there is hereby established in each city 2022 JOURNAL OF THE HOUSE, of this State having a population of 300,000 or more, according to the 1960 Federal Census, or any future Federal Census, a court to be known as the city court of such city. SECTION 2 It is hereby declared, as a matter of legislative determination: (a) That the problem of the enforcement of the criminal laws and ordinances, involving the operation or ownership of motor vehicles upon the streets and highways of the State, is particularly acute in areas where there are densely concentrated populations; (b) That such traffic laws and regulations may be enforced more effectively, efficiently and justly by the creation of courts specially designed for such service in congested areas; and (c) That the provisions of this Act will promote the general defense and public welfare. SECTION 3 Each of such courts shall have jurisdiction coextensive with the territorial limits of the city in which it is located over: (a) All crimes and offenses under the laws of the State relating to and regulating traffic, not above the grade of misdemeanor and not exclusively cognizable in the superior courts. Provided, however, no de fendant shall be tried on a misdemeanor charge in any county except where the alleged offense was committed. (b) All offenses against the duly enacted laws and ordinances of such city relating to and regulating traffic. Punishment for such of fenses shall be imposed as provided by laws and ordinances duly enacted by the governing authority of such city. SECTION 4 There shall be a chief judge of each of such courts and such number of associate judges as may be necessary to conduct the business of the court. The initial incumbents shall be the judges serving on the traffic court created in the same city by an Act approved February 15, 1955 (Ga. Laws 1955, p. 2318), as ratified by Article VI, Section I, of the Constitution of Georgia of 1945, as amended, and the judges serving in any municipal court or other court or division thereof, having juris diction over violations of traffic ordinances. Such judges shall have the same and equal authority in the trial of cases. Each of the initial incumbents' term of office shall be extended until the end of the calendar year following the second general city election held following the passage and approval of this Act. Thereafter each shall be eligible for retention in office by approval of the electors of the city. THURSDAY, MARCH 16, 1967 2023 SECTION 5 Judicial vacancies shall be filled by appointment of the mayor from a panel of three qualified persons nominated by a majority of the judges of the superior court having territorial jurisdiction over the city in which such vacancy occurs. Each judge so appointed shall hold office for a term ending with the calendar year of the second general city election following the date of appointment and thereafter shall be eligible for retention by approval of the electors of the city. SECTION 6 Each judge desiring to remain in office for a succeeding term shall file a declaration of his candidacy in the office of the clerk of the board of aldermen no later than sixty days before the date of the last general city election before the expiration of his term. Thereupon the mayor and board of aldermen shall call a special election to be held on the date of the general city election. In such special election a question shall be submitted to the electors of the city as to whether the judge or judges so declaring shall be retained in office. A separate question shall be submitted as to each judge. If a majority of those voting on such question, vote to retain a judge in office, he shall have been elected for a succeeding term of eight years. If a majority of those voting on such question, vote not to retain a judge in office, a vacancy shall exist upon the expiration of his term and shall be filed as provided in this Act. No judge so voted out of office shall be eligible for appointment to the vacancy. SECTION 7 No judge shall be required to run against his record until he has held office at least twelve months. The term of any judge, who but for the provisions of this section would be required to so run, shall be ex tended until the end of the calendar year of the second general city election following the date of his appointment. SECTION 8 Each judge shall be at least twenty-five years of age and shall have been a citizen of this State for at least five years. In addition he shall be a member of the bar of this State and must have had at least five years' experience as a judge or a like period of experience in the prac tice of law. SECTION 9 Before entering upon the discharge of his duties each judge shall take the same oath as judges of the superior courts. SECTION 10 The judges of each of such courts shall elect by majority vote a chief judge from one of their number. All judges other than the chief 2024 JOURNAL OF THE HOUSE, judge shall be designated associate judges. A majority vote of all judges, including the chief judge, shall be required to remove an in cumbent from the office of chief judge. In the case of illness or tempo rary absence of the chief judge, the associate judges shall designate one of their number to act as chief judge, pro tempore. If no chief judge has been elected within thirty days after the ef fective date of this Act or within thirty days after the creation of a vacancy, the judge senior in length of continuous judicial service on this court or one of the courts merged into this court shall be ex-officio chief judge. If two or more judges are equal in seniority, the judge first admitted to the bar of this State shall be chief judge. The chief judge of the court shall be responsible for the general superintendence of the business of the court, and shall preside at all meetings of the judges. He shall from time to time determine the num ber of divisions into which the court shall be divided and shall assign the associate judges to duty therein. He shall prescribe the hour for the opening of the various divisions of the court and shall superintend the preparation of such calendars as he shall deem necessary and proper. He shall establish and supervise a system for keeping the records of the court and shall require such reports from the associate judges, solicitor, clerk and other court personnel as he shall deem neces sary and proper. SECTION 11 The annual salary of the chief judge and the annual salary of each associate judge shall be as fixed and determined by the governing au thority of the city payable monthly or semi-monthly or biweekly. SECTION 12 There shall be a solicitor of such courts and as many assistant solicitors as may be necessary for the efficient operation of the courts. Each solicitor and assistant solicitor shall take the same oath and perform the same duties as solicitors-general of the superior courts, as far as applicable to and not inconsistent with this Act. Each person so appointed shall be a member of the bar of this State. The initial incumbent in the office of solicitor shall be the person holding office of like title in the court first referred to in Section 4 of this Act, and he shall hold office until the end of the calendar year of the second general city election following the passage and approval of this Act. Thereafter he shall be eligible for retention in office for the same term and in the same manner as the judges. Vacancies in the office of solicitor shall be filled in the same manner as vacancies in the office of judge. Assistant solicitors shall be appointed by each solicitor and serve at his discretion. THURSDAY, MARCH 16, 1967 2025 The annual salary of the solicitor and the annual salary of each assistant solicitor shall be fixed and determined by the governing au thority of the city payable monthly, semimonthly or biweekly. SECTION 13 There shall be not less than one investigator for each of such courts, each of whom shall be appointed by and serve at the discretion of the solicitor. SECTION 14 There shall be a clerk of each of such courts, as many deputy clerks as there are regular judges and such clerical assistants as the judges determine necessary for the efficient operation of the court. The clerk, deputy clerks and clerical assistants shall be appointed by the judges of each of such courts in conference and shall serve at their discretion, and shall take the same duties as like officers of the superior courts, as far as applicable to and not inconsisent with this Act. Each clerk shall be responsible for all monies collected and shall give bond for the faithful discharge of his duties in such amount as may be fixed by the governing authority of each of such cities. SECTION 15 There shall be as many bailiffs for each of such courts as there are regular judges. Each bailiff shall be appointed by and serve at the discretion of the judges in conference, shall attend all sittings of the court and shall perform such other duties as may be prescribed by the judges. SECTION 16 The constables of each of such courts shall be the sheriffs and deputy sheriffs of the several counties of this State and the chief of police and the regularly elected and qualified members of the police department of each city, each of whom shall serve all processes and orders to them directed. SECTION 17 Upon certification by the chief judge that the business of the court is such that additional help is needed to promptly handle the trial of cases therein, the mayor may appoint one or more attorneys at law to act temporarily as judge pro hac vice, or solicitor proi hac vice. Each judge pro hac vice or solicitor pro hac vice while serving as such shall have all the powers of an associate judge or solicitor, as the case may be. SECTION 18 Such courts shall be considered courts of record and shall have a minute book and a seal of appropriate design prescribed by the govern ing authority of each city. 2026 JOURNAL OF THE HOUSE, SECTION 19 Each court shall have monthly terms designated by the name of the month in which the term begins and shall have also such adjourned terms as the chief judge may prescribe. Two or more sessions of each court may be held at the same time and each court shall sit at such places within the city as the governing authority shall provide. SECTION 20 The governing authority of each city shall provide adequate hous ing and facilities for the operation of each of such courts. SECTION 21 The judges of such courts shall have the same authority as judges of the superior courts to compel the production of books, papers and other evidence in the possession of any party, to enforce obedience to their orders and processes and to implement their orders, judgments and sentences. In addition the provisions of general law are conferred upon such courts, insofar as applicable, in regard to witnesses and their attendance, subpoenas, procedures and practice and powers of courts, including, but not limited to, power to punish for contempt and to for feit bonds. The judges and other officers of such courts may administer all oaths pertaining to their respective offices as fully as the judges and corresponding officers of the superior courts. The judges may take affidavits and attest other papers in like manner as justices of the peace. SECTION 22 The governing authority of each city may provide a violation bureau for the payment of fines for violations of traffic ordinances of the city without offenders being required to make an appearance in court. The fines for such offenses shall be in accord with a schedule of fines determined by the chief judge. However, such procedures shall not be available for violations involving an accident or driving while under the influence of intoxicants whether or not an accident occurs. SECTION 23 In conformity with general law the judges of such courts may suspend or revoke operators' licenses and may probate offenders. When such courts are located in counties having a county probation system where the probation officers are functioning and deemed to be the same as circuit probation officers under the provisions of the State wide Probation Act, probationers from such courts shall be supervised by the county probation system. The expense of supervising such pro bationers shall be paid by such cities out of the monies collected as fines and forfeitures. SECTION 24 Criminal prosecutions in such courts may be instituted by sum mons, written information, or accusation specifically setting forth the THURSDAY, MARCH 16, 1967 2027 offense charged. Such information, accusation or summons may be signed by the solicitor or assistant solicitor or by the chief of police or any member of the police department. The judges of such courts may issue criminal warrants either on their own knowledge or on in formation given under oath. They shall have the same power to fix bonds as judges of the superior courts. SECTION 25 The judges of such courts may accept pleas of guilty and impose sentence in vacation or in open court or at chambers. The proceedings after information, accusation or summons shall conform to the rules governing like proceedings in the superior courts. There shall be no jury trial except for violation of state law and unless demanded by the accused. The accused shall be fully advised as to his right to a jury trial. The jury shall consist of five to be stricken alternately by the defendant and the state from a panel of nine. The defendant shall be entitled to two strikes and the State two and the remaining jurors shall compose the jury. SECTION 26 All residents of such cities on the jury lists of the county in which such cities lie shall be eligible to serve as jurors in such courts. Pro vided, however, no person may serve as a juror in a county other than that of his residence. All general laws with reference to preparation of jury lists and jury boxes, qualifications and exemptions, selection, drawing, summoning, impanelling, oaths and challenging of jurors shall apply to such courts when not inconsistent with this Act. SECTION 27 The orders, verdicts, judgments and sentences of such courts shall be subject to appellate review in accordance with the provisions of general law: (a) By the appropriate appellate court of this State in the mis demeanor cases, and (b) By writ of certiorari in the appropriate superior court in all other cases. SECTION 28 All monies arising from fines or forfeitures imposed and collected in such courts shall be paid into the treasury of the respective cities and shall be used exclusively to defray the expense of operating such courts and the enforcement of the laws and ordinances relating to and regulating traffic. SECTION 29 The jurisdiction over violations of traffic ordinance heretofore vested in the municipal courts of such cities is abolished hereby and 2028 JOURNAL OF THE HOUSE, all of such jurisdiction and all such cases pending in such courts on the effective date of this Act are transferred to the courts created by this Act. SECTION 30 The governing authorities of such cities shall by ordinance provide for the transfer of such offices to the courts created by this Act. SECTION 31 All records, papers, books, suits of whatever nature and kind, mesne and final processes of whatever nature and all matters pending on the effective date of this Act in such municipal courts and within the jurisdiction of the courts created by this Act shall be transferred thereto immediately. Thereafter all proceedings so transferred shall be designated as pending in the court created by this Act and disposed of in the same manner as proceedings initiated therein. SECTION 32 An Act entitled "An Act to create a system of traffic courts pur suant to the Constitution of Georgia of 1945, for each city of this State having a population of more than 300,000 by the Federal census of 1950, or by any future Federal census, giving to such courts jurisdic tion to try offenses against the traffic laws of this State committed within the territorial jurisdiction of such cities; to provide for the institution of prosecution therein by information or accusation; to provide for the appointment, term of office, and compensation of the judges, clerks, solicitors and other administrative officers of such courts, and to provide quarters therefor; to establish suitable rules and regulations for the operation of such courts; to provide for the selection of jurors therein and the payment of costs and the disposi tion of fines and forfeitures in such courts and for all other matters incidental to such courts; to repeal conflicting laws and for other purposes.", approved February 15, 1955 (Ga. L. 1955, p. 2318), as amended by an Act approved February 28, 1958 (Ga. L. 1958, p. 2259), an Act approved March 17, 1960 (Ga. L. 1960, p. 2846) and an Act approved February 26, 1962 (Ga. L. 1962, p. 2218) is hereby repealed in its entirety and all cases pending in such courts on the effective date of this Act are hereby transferred to the courts created by this Act. SECTION 33 All records, papers, books, suits of whatever nature and kind, mesne and final processes of whatever nature and all matters pending on the effective date of this Act in such traffic courts and within the jurisdiction of the courts created by this Act shall be transferred thereto immediately. Thereafter all proceedings so transferred shall be designated as pending in the court created by this Act and disposed of in the same manner as proceedings initiated therein. THURSDAY, MARCH 16, 1967 2029 SECTION 34 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. SECTION 35 This Act shall become effective on January 1, 1969 only in the event the amendment to Article VI, Section I of the Constitution authorizing the creation of a new court or system of courts in and for each city of this State having a population of more than 300,000 ac cording to the United States Decennial Census of 1960, and any future such United States Census shall be ratified at the November 1968 general election. SECTION 36 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 103, nays 0. The Senate substitute to HB 507 was agreed to. HB 525. By Messrs. Snow and Crowe of the 1st, and others: A Bill to be entitled an Act to provide for the publication of statements of financial condition by municipalities, and for other purposes. The following Senate amendment was read: Senator Wesberry of the 37th moves to amend HB 525 by adding in the first and second sentences of Section 1 immediately after the words "balance sheet", the following: "and statement of revenues and expenditures". Mr. Snow of the 1st moved that the House agree to the Senate amendment. 2030 JOURNAL OF THE HOUSE, On the motion to agree, the ayes were 126, nays 0. The Senate amendment to HB 525 was agreed to. HB 158. By Mr. Harris of the 85th: A Bill to be entitled an Act to amend the Georgia Civil Practice Act, and for other purposes. The following Senate amendment was read: The Senate Judiciary Committee moves to amend HB 158 as follows: By striking Section 13 in its entirety. By striking in line 3 of Section 31 thereof the figures "15" and substituting in lieu thereof the figures "30". Mr. Harris of the 85th moved that the House agree to the Senate amend ment. On the motion to agree, the ayes were 129, nays 0. The Senate amendment to HB 158 was agreed to. HB 68. By Mr. Lovell of the 6th: A Bill to be entitled an Act to amend an Act establishing the Employees Retirement System so as to provide that certain persons elected to the General Assembly shall be continued as a member of the System, and for other purposes. The following Senate amendments were read: Senator Flowers of the 10th moves to amend HB 68 by adding at the end of the 1st sentence: "Provided such employee makes his pro rata contribution as required under the Employees Retirement System." Senator Gardner of the 1st moves to amend HB 68 by deleting the phrase "or at any election thereafter" in the fifth line of Section 1. THURSDAY, MARCH 16, 1967 2031 Mr. Lovell of the 6th moved that the House agree to the Senate amendments. On the motion to agree, the ayes were 127, nays 0. The Senate amendments to HB 68 were agreed to. HB 307. By Messrs. Pickard, Jones and Buck of the 112th; and others: A Bill to be entitled an Act to amend Code Section 59-106 of the Code so as to change the method of choosing grand and traverse jurors, and for other purposes. The following Senate substitute was read: A BILL To be entitled an Act to amend Section 59-106 of the Code of Georgia of 1933, as amended, relating to the revision of jury lists and the method whereby jury commissioners choose grand and traverse jurors, so as to change the method of choosing grand and traverse jurors; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Section 59-106 of the Code of Georgia of 1933, relating to the revision of jury lists and the method whereby jury commissioners choose grand and traverse jurors, is hereby amended by striking same in its entirety and inserting in lieu thereof a new Section 59-106 to read as follows: "59-106. Immediately upon the passage of this Act and there after at least biennially, or, if the judge of the superior court shall direct, at least annually, on the first Monday in August, or within sixty (60) days thereafter, the board of jury commissioners shall compile and maintain and revise a jury list of upright and intel ligent citizens of the county to serve as jurors. In composing such list they shall select a fairly representative cross-section of the upright and intelligent citizens of the county from the official reg istered voters' list which was used in the last preceding general election. If at any time it appears to the jury commissioners that the jury list, so composed, is not a fairly representative crosssection of the upright and intelligent citizens of the county, they shall supplement such list by going out into the county and per sonally acquainting themselves with other citizens of the county, including upright and intelligent citizens of any significantly iden tifiable group in the county which may not be fairly represented thereon. 2032 JOURNAL OF THE HOUSE, After selecting the citizens to serve as jurors, the jury com missioners shall select from the jury list a sufficient number, not exceeding two-fifths of the whole number, to serve as grand jurors. The entire number first selected, including those afterwards selected as grand jurors, shall constitute the body of traverse jurors for the county, to be drawn for service as provided by law, except when a name which has already been drawn for the same term as a grand juror shall also be drawn as a traverse juror, such name shall be returned to the box and another drawn in its stead." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Mr. Pickard of the 112th moved that the House agree to the Senate sub stitute. On the motion to agree, the ayes were 131, nays 0. The Senate substitute to HB 307 was agreed to. HB 58. By Messrs. Ware and Mullinax of the 42nd and others: A Bill to be entitled an Act to provide for the confiscation of any weapon carried illegally, and for other purposes. The following Senate substitute was read: A BILL To be entitled an Act to provide for the confiscation and destruc tion or sale or delivery to the State Department of Archives or State Department of Public Safety of any weapon used in the commission of a crime or the attempt to commit a crime against any person; to pro vide the procedures connected therewith; to provide exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA: SECTION 1 Any device which is used as a weapon in the commission of any crime against any person or any attempt to commit any crime against any person is hereby declared to be contraband and is forfeited. For the purposes of this Act, a motor vehicle shall not be deemed to be a weapon or device and shall not be contraband or forfeited under the provisions hereof; provided, however, this exception shall not be con- THURSDAY, MARCH 16, 1967 2033 strued to prohibit the seizure, condemnation and sale of motor vehicles used in the illegal transportation of alcoholic beverages as provided by the laws of this State. SECTION 2 At such time as there shall be a final judgment entered finding the accused guilty of the commission or attempted commission of a crime against any person, any such device which was used as a weapon in the commission of such crime shall be turned over by the person having custody of such device to the sheriff of the county wherein such device was confiscated. The sheriff shall within ninety (90) days after receiving said device either destroy the same or advertise it for sale in such manner as other sheriff's sales are advertised and shall sell such devices to the highest bidder at the next sheriff's sale conducted after the completion of the advertisements. Provided that if the weapon used in such crime is not the property of the accused, there shall be no forfeiture of such weapon. SECTION 3 The proceeds derived from all sales of such devices, after de^ ducting the costs of the advertising and the sale shall be turned into the treasury of the county wherein such sale is made. SECTION 4 The provisions of this Section shall prevail over Sections 2 and 3 of this Act. In the event the Director of the State Department of Archives or the Director of State Department of Public Safety, in that order or priority, shall desire to receive and retain the device for historical or instruction purposes of his Department and gives written notice thereof to the sheriff either prior to the sheriff's advertisement of same for sale or within 10 days thereafter, the sheriff shall forth with deliver the device to the said Department which shall retain same for such purposes. A device delivered to such Department in accordance herewith shall become property of the State. SECTION 5 All laws and parts of laws in conflict with this Act are hereby repealed. Mr. Ware of the 42nd moved that the House agree to the Senate substitute. On the motion to agree, the ayes were 124, nays 0. The Senate substitute to HB 58 was agreed to. 2034 JOURNAL OF THE HOUSE, HB 802. By Mr. Jones of the 76th: A Bill to be entitled an Act to amend an Act so as to provide an allow ance to the tax commissioner of Mclntosh County, and for other pur poses. The following Senate substitute was read: A BILL To be entitled an Act to amend an Act abolishing the fee system method of compensating the Clerk of the Superior Court, the Sheriff, and the Tax Commissioner of Mclntosh County, and to provide in lieu thereof annual salaries for such officers, approved April 5, 1965 (Ga. L. 1965, p. 3239), so as to provide an allowance to the Tax Commissioner of Mclntosh County for additional clerical help; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA: SECTION 1 An Act to amend an Act abolishing the fee system method of compensating the Clerk of the Superior Court, the Sheriff, and the Tax Commissioner of Mclntosh County, and to provide in lieu there of annual salaries for such officers, approved April 5, 1965 (Ga. L. 1965, p. 3239), is hereby amended by striking Section 11 of said Act in its entirety and inserting in lieu thereof a new Section 11, to read as follows: "Section 11. The Tax Commissioner shall be authorized to em ploy one (1) assistant and fix the compensation of such assistant at not to exceed Three Thousand Dollars ($3,000.00) per annum, payable in equal monthly installments from the funds of Mclntosh County. Said assistant shall serve at the pleasure of the Tax Com missioner. The Tax Commissioner shall be allowed additional com pensation up to the amount of One Thousand Dollars ($1,000.00) per year for the purpose of employing additional clerical person nel. In the event the Tax Commissioner employs additional per sonnel to assist him in the performance of his duties requiring ex penditure of more than the One Thousand Dollars ($1,000.00) allowance, he shall compensate such personnel from the compen sation heretofore provided for the Tax Commissioner." SECTION 2 All laws and parts of laws in conflict with this Act are hereby abolished. Mr. Jones of the 76th moved that the House agree to the Senate substitute. THURSDAY, MARCH 16, 1967 2035 On the motion to agree, the ayes were 103, nays 0. The Senate substitute to HB 802 was agreed to. HB 322. By Messrs. Wilson of the 102nd and Cooper of the 103rd: A Bill to be entitled an Act to amend Code Section 24-1601 so as to change the fees of justices of the peace, and for other purposes. The following Senate amendment was read: The Senate Judiciary Committee moves to amend HB 322 as follows: By striking from Section 24-1601, which Section is quoted in Sec tion 1 of said Bill, the following: "Each criminal warrant issued -,,,,__-._____--_____--_____,,_____________.$4.00" and substituting in lieu thereof the following: "Each criminal warrant issued except warrants issued for offenses under the Uniform Act Regulating Traffic on Highways _TMTM____ Each criminal warrant issued under the Uniform Act Regulating Traffic on Highways ___......---..__,,-,,_____-___.--____..-____--___------.-$ .50" Mr. Wilson of the 102nd 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 fol lows: Those voting in the affirmative were Messrs.: Adams Ballard Barber Barfield Battle Berry, C. E. Black Blalock Bostick Branch Brown, B. D. Games Gates Cato Chandler Cole Collins, J. F. Colwell Cook Cooper, B. Crowe, William Crowe, W. J. Dailey Davis Dean Dent Dickinson 2036 Dillon Dixon Doster Douglas Edwards Fallin Farmer Floyd Funk Gary Gay Gaynor Gignilliat Grahl Hadaway Hall Hamilton Harrington Harris, J. F. Harris, R. W. Harrison Henderson Holder Howard Howell Hutchinson Irvin Jenkins Johnson, A. S. Joiner Jones, M. Jordan, G. Kaylor Kirksey JOURNAL OF THE HOUSE, Knapp Laite Lambert Land Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey Magoon Malone Mason Matthews, C. Mauldin McClatchey McCracken McDaniell Merritt Minge Mixon Mullinax Murphy Nash Newton Northcutt Pafford Palmer Paris Parker, C. A. Parrish Peterson Phillips Pickard Poss Potts Rainey Reaves Roach Rowland Rush Savage Sherman Simmons Sims Smith, V. T. Snow Starnes Steis Sullivan Sweat Thomas Thompson, R. Threadgill Townsend Tucker Tye Vaughn, C. R. Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Wood Those voting in the negative were Messrs.: Harris, J. R. Levitas Richardson Those not voting were Messrs.: Alexander Anderson Bennett Berry, J. K. Bond Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Busbee Caldwell Cheeks Clarke Collins, M. Conner Cooper, J. R. Cox Daugherty DeLong Dodson Dollar Dorminy Egan Farrar Fleming Grier Hale Higginbotham Hill Hood Johnson, B. THURSDAY, MARCH 16, 1967 2037 Jones, C. M. Jordan, W. H. Lambros Lane, Dick Lane, W. J. Leggett Lovell Matthews, D. R. Maxwell Melton Miller Moate Moore, Don C. Moore, J. H. Moreland Nessmith Nimmer Odom Oglesby Otwell Parker, H. W. Ragland Ross Russell Scarlett Shanahan Shields Shuman Smith, C. W. Smith, J. R. Smith, W. L. Stalnaker Thompson, A.W. Turner Underwood Vaughan, D. N. Walling Wamble Winkles Mr. Speaker On the motion to agree, the ayes were 129, nays 3. The Senate amendment to HB 322 was agreed to. HB 656. By Messrs. Smith, Palmer and Malone of the 117th: A Bill to be entitled an Act to Supplement the laws which enable DeKalb County to exercise the powers of planning and zoning, and for other purposes. The following Senate amendment was read: The Senate Committee on County and Municipal Governments moves to amend HB 656 as follows: By inserting in the title immediately preceding the phrase "to provide for all procedures and matters connected with the foregoing;" the following: "to provide for the creation of the DeKalb County Zoning Policies Improvement Committee; to provide that this Act shall be repealed under certain circumstances;". By striking subsection (a) of Section 3 in its entirety and in serting in lieu thereof a new subsection (a) of Section 3 to read as follows: "(a) The basis for rezoning of any property shall be to bring it more into conformity with a logical comprehensive plan which seeks to specify the highest and best use for each parcel. The op portunity for a particular property owner to speculate or make an excessive profit by rezoning a particular tract shall not be con- 2038 JOURNAL OF THE HOUSE, sidered a valid reason for rezoning in itself and shall carry no weight in consideration of such application." By striking from subsection (c) of Section 5 the figure "21" and inserting in lieu thereof the figure "30". By striking the words "or indirectly" where they appear between the word "directly" and the word "interested" in subsection (a) of Section 7. By renumbering Sections 8 and 9 as Sections 11 and 12, respectively. By adding three new Sections to be designated Sections 8, 9, and 10 to read as follows: "Section 8. In order to improve the zoning policies and pro grams in DeKalb County, there is hereby created the DeKalb County Zoning Policies Improvement Committee which shall be activated within thirty (30) days after this Act becomes law. Said Committee shall be composed of five (5) members as follows: (a) A representative of the Associated Civil Groups of DeKalb County. (b) A representative of the DeKalb County Planning Com mission. (c) A private citizen from the 43rd Senatorial District to be selected by the Senator from the 43rd Senatorial District and the members of the House of Representatives from the 119th Repre sentative District. (d) A private citizen from the 42nd Senatorial District and the members of the House of Representatives from the 118th Representative District. (e) A private citizen from the 41st Senatorial District to be selected by the Senator from the 41st Senatorial District and the members of the House of Representatives from the 117th Repre sentative District. The Committee shall recommend to the DeKalb County Board of Commissioners improvements in the policies and procedures for planning and zoning in DeKalb County. Said Committee shall make a report setting forth such recommendations to said Board by not later than September 1, 1967. The Committee shall be available to consult with county officers until December 1, 1967 on which date the Committee shall stand abolished." "Section 9. In the event the governing authority of DeKalb County shall adopt the substantive and procedural provisions of this Act as a part of the planning and zoning ordinance of ordi- THURSDAY, MARCH 16, 1967 2039 nances of such county by December 1, 1967, then this Act shall stand repealed effective December 1, 1967. In the event the govern ing authority of DeKalb County does not adopt the substantive and procedural provisions of this Act as hereinabove provided by December 1, 1967, then this Act shall continue in full force and effect." "Section 10. The provisions of this Act shall apply to all applications seeking a change in the existing zoning of land in DeKalb County which are filed on and after the date this Act becomes law." Mr. Smith of the 117th 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 656 was agreed to. 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. 2040 JOURNAL OP THE HOUSE, Representative Hall, Atlanta, Georgia Friday, March 17, 1967 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. S. Bullington, Jr., Pastor First Methodist Church, Swainsboro, 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 Bill and Resolution of the House was introduced, read the first time and referred to the committees: HB 838. By Mr. Barber of the 24th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court, the Ordinary, and the Tax Collector FRIDAY, MARCH 17, 1967 2041 of Jackson County, known as the fee system, so as to provide in lieu thereof annual salaries for such officers; and for other purposes. Referred to the Committee on Local Affairs. HR 322-838. By Mr. Barber of the 24th: A Resolution proposing an amendment to the Constitution to provide that when no person receives a majority of the votes in an election for Governor, a runoff election shall be held between the two persons re ceiving the highest number of votes; and for other purposes. Referred to the Committee on State of Republic. By unanimous consent, the following Bills of the House were read the second time: HB 836. By Messrs. Levitas and Harris of the 118th: A Bill to be entitled an Act to provide criminal penalties with respect to obscene or harassing telephone calls; and for other purposes. HB 837. By Messrs. Walling, Farrar and Levitas of the 118th: A Bill to be entitled an Act to amend Code Section 34-1316 of the Georgia Election Code, relating to the manner of voting in Districts in which vote recorders are used, so as to provide that in elections an elector may vote a straight political party or body ticket in one opera tion and also vote for individual candidates of another political party or body without voiding the votes or vote cast for individual candidates; and for other purposes. Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs, sub mitted the following report: Mr. Speaker: Your Committee on Local Affairs has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations: SB 126. Do Pass as Amended. Respectfully submitted, Clarke of 45th, Chairman. 2042 JOURNAL OF THE HOUSE, Mr. Caldwell of the 51st, Chairman of the Committee on Reapportionment, submitted the following report: Mr. Speaker: Your Committee on Reapportionment has had under consideration the follow ing Bill of the Senate and has instructed me as Chairman,, to report the same back to the House with the following recommendations: SB 121. Do Pass. Respectfully submitted, Caldwell of 51st, Chairman. Mr. Busbee of the 79th, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolu tions of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations: SR 27. Do Pass. SR 79. Do Pass. SR 88. Do Pass. SR 110. Do Pass. Respectfully submitted, Busbee of the 79th, Vice-Chairman Fhe following report of the Committee on Rules was read and adopted: Mr. Speaker: Your Committee on Rules met and fixed the calendar for today's business, Friday, March 17, 1967, and submits the following: SB 1. Fiscal explanation, accompany legislation. SB 30. Trial Judge Retirement Fund. SB 31. Judge, Superior Court, Emeritus, service credit. SB 36. Justices and Judges, salaries SB 53. Guardian employ legal counsel FRIDAY, MARCH 17, 1967 2043 SB 89. Standards for adults, counties SB 100. Georgia Health Code, amend SB 109. Licensing of trucks, annual fee SB 118. Practice of dentists, regulate SB 127. County Commissioners law, uniform SB 133. State institutions, certain veterans SB 148. Jury duty, persons exempt SB 150. Officials on salary, prohibit retention of fees SB 171. Habeas corpus, procedure SB 184. Ordinaries, transaction of business SB 192. Certain counties, spend proceeds from bonds SR 36. Civil Service preference, discharged veterans SB 110. County Boards of Health, filling of vacancies 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 of the Senate were taken up for consideration and read the third time: SB 126. By Senators Johnson of the 38th and Smith of the 34th: A Bill to be entitled an Act fixing the compensation of commissioners of roads and revenues in counties having a population in excess of 500,000, so as to change the compensation of such commissioners; and for other purposes. The following amendment was read and adopted: Committee on Local Affairs moves to amend Senate Bill 126 as follows: By striking from the title the following: "so as to change the compensation of such commissioners", and inserting in lieu thereof the following: 2044 JOURNAL OF THE HOUSE, "to provide that the commissioners shall be authorized to fix the compensation of the chairman and commissioners within certain limitations;". By striking from quoted Section 1 of Section 1 the symbol and figures $7,500.00" where it appears immediately following the words "not less than", and inserting in lieu thereof the symbol and figures "$5,000.00". By inserting in quoted Section 1 of Section 1 immediately preceding the last sentence a new sentence to read as follows: "The compensation of the chairman and members of said board shall be fixed within the limitations provided for herein upon a resolution being1 duly adopted by the board fixing such compensa tion within such limitations, and recorded on the minutes of said board." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 111, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 150. By Senators Wesberry of the 37th, Smith of the 34th, Maclntyre of the 40th and others: A Bill to be entitled an Act to prohibit the retention of any fees, costs, commissions or any other emoluments by certain county officers, officials or employees who receive a salary for their services in such capacity; and for other purposes. The report 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. The following message was received from the Senate through Mr. McWhorter,. the Secretary thereof: FRIDAY, MARCH 17, 1967 2045 Mr. Speaker: The Senate has passed as amended by the requisite constitutional majority the following Bills of the House, to-wit: HB 553. By Mr. Caldwell of the 51st: A Bill to amend Code Section 24-2714 relating to the duties of the clerks of the superior court, so as to provide that the office of the clerk of the superior court may be at a place other than the courthouse under certain conditions; and for other purposes. HB 777. By Messrs. Murphy of the 26th, Irvin of the llth and others: A Bill to provide for grants to counties of this State to be used for any public purposes; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit: HB 66. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th and others: A Bill to amend an Act creating the Department of Revenue and the Office of State Revenue Commissioner, so as to remove the provision providing joint meetings of the House Ways and Means Committee and the Senate Finance Committee, and providing that the State Revenue Commissioner shall be an ex officio member of each of said committees; and for other purposes. HB 115. By Mr. Brantley of the 63rd: A Bill 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 leave expenses not otherwise provided in said Act; and for other purposes. HB 205. By Messrs. Douglas and Gay of the 60th: A Bill to amend Code Section 34-705(a), which relates to the selection of polling places by the Ordinary; and for other purposes. HB 219. By Messrs. Dillon of the 128th, Carnes of the 129th and others: A Bill to provide for the defense of indigents in certain counties of this State having a population of not less than 500,000; and for other purposes. 2046 JOURNAL OF THE HOUSE, HB 273. By Mr. Jones of the 76th: A Bill to amend Code Section 61-107, so as to provide that the tenant may not dispute his landlord's title nor attorn to another while in actual physical occupation; and for other purposes. HB 321. By Mr. Wilson of the 102nd and others: A Bill to amend Code Section 24-820, relating to fees of constables, so as to change the fees of constables; and for other purposes. HB 324. By Messrs. Harris of the 118th and Steis of the 100th: A Bill to amend an Act amending and revising the adoption laws now set forth in Chapter 74-4 of the Code of 1933; and for other purposes. HB 391. By Mr. Grahl of the 52nd: A Bill to amend Code Section 23-2304 relating to the burial of paupers, so as to prescribe a minimum and maximum figure which may be ex pended by the County for the burial of paupers; and for other purposes. HB 423. By Mr. Rowland of the 48th: A Bill to provide a supplemental appropriation of additional funds which are otherwise available to the Department of Labor for the pur pose of providing suitable offices for use by the Employment Security Agency in the Department of Labor for the procurement of lands and buildings, furniture and equipment therefor; and for other purposes. HB 447. By Messrs. Murphy of the 26th, Caldwell of the 51st and others: A Bill to amend an Act entitled the "Motor Vehicle Certificate of Title Act", so as to provide for the registration of vehicles without a certifi cate of title; and for other purposes. HB 477. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of the 79th and others: A Bill to amend an Act simplifying the operations of the Executive Branch of the State Government, so as to provide the Joint-Secretary shall schedule the time and place for all hearings; to provide that all orders and processes of the several examining boards shall be signed and attested to by the Joint-Secretary; and for other purposes. HB 499. By Mr. Ware of the 42nd and others: A Bill to amend Code Section 56-1310(2) (a), relating to the power of municipal corporations to collect license fees on life insurance companies, FRIDAY, MARCH 17, 1967 2047 so as to provide that an additional annual license fee may be charged for each separate business location, not otherwise subject to a license fee; and for other purposes. HB 522. By Messrs. Jones of the 112th and McClatchey of the 138th: A Bill to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed approved March 16, 1966, so as to further define certain terms; and for other purposes. HB 623. By Messrs. McClatchey of the 138th, Cook of the 123rd, Alexander of the 133rd and others: A Bill to re-establish a Local Education Commission in Atlanta and Pulton County to continue the study of the desirability and feasibility of combining the school systems of Fulton County and of the City of Atlanta, including the portion thereof lying in DeKalb County; and for other purposes. HB 798. By Messrs. Brantley of the 139th, Cook and Turner of the 123rd: A Bill creating a new charter for the City of Alpharetta, so as to change the date of the general election in said City of Alpharetta; and for other purposes. HB 801. By Messrs. Ware of the 42nd, Stalnaker of the 59th and others: A Bill to amend an Act entitled "An Act to carry into effect an amend ment to paragraph four of Section 1 of Article VII of the Constitution of Georgia, relating to homestead exemption for certain disabled veterans; and for other purposes. HB 585. By Messrs. Lovell of the 6th; Malone of the 117th, Longino of the 122nd, and others: A Bill to amend Code Title 13 known as the "Banking Law" of Georgia, so as to provide that no bank shall carry on or conduct or do a banking business in this State except on the premises of the place of business (banking house) etc.; and for other purposes. HB 614. By Mr. Dean of the 20th: A Bill to amend an Act creating the offices of the State Highway Board, Chairman of the State Highway Board, and Treasurer of the State Highway Department, so as to change the compensation of the Director of the State Highway Department; and for other purposes, 2048 JOURNAL OF THE HOUSE, The Senate has passed as amended by the requisite constitutional majority the following Bill of the House, to-wit: HB 468. By Messrs. Clarke of the 45th, Steis of the 100th, and others: A Bill to be entitled "The Sunday Business Activities Act to prohibit certain business activities on Sunday"; and for other purposes. The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House, to-wit: HR 67-153. By Mr. Lambros of the 130th: A Resolution proposing an amendment to the Constitution so as to provide a direct method of appeal and review of errors from the Criminal Court of Fulton County to the Supreme Court and Court of Appeals for the correction of errors from said court; and for other purposes. HR 144-409. By Messrs. Rowland and Joiner of the 48th: A Resolution compensating Mrs. Geneva J. Harrison; and for other purposes. HR 147-421. By Mr. Parker of the 55th: A Resolution compensating Mrs. Marjorie K. Knight, and for other purposes. HR 167-510. By Messrs. Lambros of the 130th, Adams of the 125th and others: A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly, in its discretion, to create a new court or system of courts in and for each city of this State having a population of more than 300,000; and for other purposes. HR 204-687. By Mr. Wilson of the 102nd: A Resolution proposing an amendment to the Constitution, so as to authorize the governing authority of Cobb County to create indebted ness and issue general obligation bonds for the construction, mainte nance and operation of sanitary and storm sewers and sewage disposal plants within the unincorporated areas of said county and within incorporated municipalities; and for other purposes. FRIDAY, MARCH 17, 1967 2049 The Senate has adopted the report of the committee of conference on the following Resolution of the House, to-wit: HR 124-311. By Messrs. Wilson and Henderson of the 102nd, Howard of the 101st and Cooper of the 103rd: A Resolution relative to the steajn locomotive "General"; and for other purposes. The Senate insists upon its position on the following Bills of the House, to-wit: HB 19. By Mr. Harris of the 118th: A Bill 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 25. By Messrs. Harris and Levitas of the 118th: A Bill to amend Code Section 113-1005, relating to the appointment of appraisers, so as to provide 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; and for other purposes. HB 731. By Mr. Lane of the 64th: A Bill to amend Section 40-105 of the Code of Georgia of 1933 so as to change the compensation of the Governor; and for other purposes. The Senate has adopted the report of the committee of conference on the following Bill of the House, to-wit: HB 84. By Messrs. Lane and Nessmith of the 64th, Smith of the 54th and others: A Bill to establish the Georgia Legislative Retirement System; and for other purposes. The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House, to-wit: 2050 JOURNAL OF THE HOUSE, HB 617. By Messrs. Shanahan of the 8th, Moore of the 20th and others: A Bill to amend Code Section 56-2430, relating to cancellation of in surance policies, so as to provide that certain types of insurance and renewals thereof shall not be terminated if the contract of insurance has been in effect for 60 days except for stated reasons; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bill of the House, to-wit: HB 561. By Messrs. Hale of the 1st, Steis of the 100th, Harris of the 118th, and Barber of the 24th: A Bill to provide for a tax on each deed, instrument 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; to provide for an entry on the deed evidencing the payment of such tax; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bill of the House, to-wit: HB 636. By Mr. Murphy of the 26th: A Bill to amend an Act providing for the method of serving non resident motorists involved in any accident in the State of Georgia, so as to clarify and revise the provisions relating to service on certain nonresident motorists; and for other purposes. The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House, to-wit: HR 28-79. By Messrs. Matthews and Fallin of the 94th and others: A Resolution proposing an amendment to the Constitution so as to authorize State taxation for school lunch purposes; and for other purposes. HR 52-134. By Mr. Lambros of the 130th: A Resolution authorizing and directing the State Librarian to furnish certain volumes of the Georgia Supreme Court Reports to the Judges of the Superior Court of the Atlanta Judicial Circuit; and for other purposes. FRIDAY, MARCH 17, 1967 2051 HR 238-777. By Mr. Egan of the 141st: A Resolution authorizing the State Properties Commission to grant an easement of certain State property, declaring such easement as surplus property, authorizing the State Properties Control Commission to rereceive an easement in exchange therefor; and for other purposes. The Senate has passed as amended by the requisite constitutional majority the following Bill of the House, to-wit: HB 787. By Mr. Murphy of the 26th: A Bill to provide for grants to certain incorporated municipalities of this State to be used for any public purposes, and for other purposes. The Senate has passed as amended by the requisite constitutional majority the following Bills of the House, to-wit: HB 732. By Mr. Thomas of the 77th: A Bill to amend an Act placing the compensation of the Sheriff and the Clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis, so as to change the amount of compensating the sheriff and his deputies; and for other purposes. HB 784. By Mr. Conner of the 91st: A Bill to create a new City Charter for the City of Alma; and for other purposes. The following Bill of the House was taken up for the purpose of considering the Senate's insistence in substituting the same: HB 731. By Mr. Lane of the 64th: A Bill to be entitled an Act to amend Section 40-105 of the Code of Georgia of 1933 so as to change the compensation of the Governor; and for other purposes. Mr. Lane of the 64th moved that the House recede from its position in disagreeing to the Senate substitute. The motion prevailed. 2052 JOURNAL OF THE HOUSE, Mr. Lane of the 64th moved that the House agree to the Senate substitute. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams Anderson Barber Battle Berry, C. E. Black Blalock Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Carnes Gates Cato Chandler Clarke Collins, J. F. Colwell Conner Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Davis Dent Dillon Douglas Edwards Egan Farrar Funk Gaynor Grahl Grier Hall Harrington Harris, J. R. Hill Holder Irvin Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Lambros Land Lane, Dick Lane, W. J. Leggett Lewis Longino Lowrey Mason Matthews, D. R. Mauldin McClatchey McCracken Melton Minge Mixon Moreland Mullinax Murphy Nash Nessmith Newton Otwell Pafford Paris Parker, C. A. Parrish Phillips Pickard Poss Potts Rainey Reaves Richardson Roach Ross Rowland Russell Savage Shanahan Shields Simmons Smith, G. W. Smith, J. R. Smith, W. L. Starnes Steis Sullivan Thomas Thompson, A. W. Tye Underwood Walling Wamble Ward Ware Westlake Whaley Williams Wood Voting in the negative was Mr. Dixon. Those not voting were Messrs.: Alexander Ballard Barfield Bennett Berry, J. K. Bond Bowen Branch Brown, B. D. Busbee Caldwell Cheeks Cole Collins, M. Cook Cooper, B. Daugherty Dean DeLong Dickinson Dodson Dollar Dorminy Doster Fallin Farmer Fleming Floyd Gary Gay Gignilliat Hadaway Hale Hamilton Harris, J. F. Harris, R. W. FRIDAY, MARCH 17, 1967 Harrison Henderson Higginbotham Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Jordan, W. H. Kirksey Knapp Laite Lambert Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lovell Magoon M alone Matthews, C. Maxwell McDaniell Merritt Moate Moore, Don C. Moore, J. H. Nimmer Northcutt 2053 Odom Oglesby Palmer Parker, H. W. Peterson Ragland Rush Scarlett Sherman Shuman Sims Smith, V. T. Snow Stalnaker Sweat Thompson, R. Threadgill Townsend Tucker Turner Vaughan, D. N. Vaughn, C. R. Wells Wiggins Wilson, J. M. Wilson, R. W. Winkles Mr. Speaker On the motion, the ayes were 109, nays 1. The Senate substitute to HB 731 was agreed to. Mr. Williams of the 16th asked unanimous consent that the following Bill of the House be withdrawn from further consideration: HB 829. By Mr. Williams of the 16th: A Bill to be entitled an Act to amend the charter of the City of Lula by re-designating and redefining the city limits of said city; and for other purposes. The consent was granted, and HB 829 was withdrawn from further consideration. 2054 JOURNAL OF THE HOUSE, Under the general order of business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: SB 148. By Senators Bateman of the 27th and Johnson of the 42nd: A Bill to be entitled an Act to amend Code Section 59-112, relating to persons exempt from jury duty; and for other purposes. The following amendment was read and adopted: Messrs. Jones of the 112th and Irvin of the llth move to amend SB 148 by adding after the word "woman", the words "teacher or principal" to subsection D of Section 1. An amendment, offered by Mr. Levitas of the 118th, was read and lost. An amendment, offered by Mr. Cox of the 127th, was read and lost. The following amendment was read and adopted: Messrs. Harris and Scarlett of the 85th move to amend SB 148 by striking from the end of Section 1 paragraph (b) the period and by adding to said paragraph and section the following: ", or that she is a housewife with children 14 years of age or younger." The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 118, nays 1. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 1. By Senators Wesberry of the 37th, Rowan of the 8th, Adams of the 26th 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. FRIDAY, MARCH 17, 1967 2055 The following amendment was read and adopted: Messrs. Busbee of the 79th and Floyd of the 7th move to amend SB 1 by striking the first sentence of Section one and by inserting in lieu thereof the following: "The sponsor of any legislation requiring the expenditure, or decrease in expenditure, of any State funds shall upon request of the chairman of the standing committee of the House or Senate to which it is referred furnish to such chairman a statement ex plaining the fiscal effect of such legislation". and by striking the last sentence from Section 2. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 143, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. The following report of the Committee on Rules was read and adopted: Mr. Speaker: Your Committee on Rules met and has amended its Calendar for Friday, March 17th, 1967, and submits the following by amendment: SR 27. State Liaison Office in Washington, D. C. Study Committee SR 79. Jefferson Davis Mem. Highway; naming SR 88. Election laws; Study Committee SR 110. Criminal Records Comp. Study Committee SB 121. State Senatorial Dist.; Number of Senators The Speaker shall have the right to call the above Bill and Resolutions in any order which he may desire. Respectfully submitted, Busbee of 79th Vice-Chairman 2056 JOURNAL OF THE HOUSE, By unanimous consent, the House reconsidered its action in agreeing to the Senate amendment to the following Bill of the House: HB 790. By Messrs. Maxwell of the 106th, Dent and Cheeks of the 104th and Sherman 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 of said of ficers and their employees; and for other purposes. The following Senate amendment was read: Committee on County and Municipal Government offers the fol lowing amendment to HB 790 as follows: By inserting in the title, immediately before the phrase "to repeal conflicting laws" the following: "to provide for the compensation of the coroner of such counties;". By renumbering Section 8 as Section 9, and by adding a new Section immediately following Section 7 to be designated Section 8, to read as follows: "Section 8. The coroner of such counties shall receive an annual salary, payable monthly, of five thousand five hundred twenty ($5,520.00) dollars in lieu of the fees allowed coroners by law for holding inquests and performing any and all duties as coroner. In addition to said salary, said coroner shall be paid for the cost of fifty (50) gallons of gasoline per month for each month while he is coroner for use in performing his duties as coroner. The payment for such gasoline shall be paid to the coroner by the treasurer from the treasury of such county, and said month ly salary shall be paid from said county treasury by the treasurer at the same time that all other monthly salaries are paid elected county officials." The following House amendment to the Senate amendment was read and adopted: Messrs. Fleming and Maxwell of the 106th, Sherman and DeLong of the 105th and Dent of the 104th move to amend the Senate amend ment to HB 790 as follows: By striking the figures $9,600.00 where the same appear in Section 2 Sub-section "e" of the Bill and inserting in lieu thereof the figures $10,400.00. Mr. Fleming of the 106th moved that the House agree to the Senate amend ment, as amended by the House. FRIDAY, MARCH 17, 1967 2057 On the motion, the ayes were 103, nays 0. The Senate amendment, as amended by the House, was agreed to. The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 777. By Messrs. Murphy of the 26th, Irvin of the llth and Caldwell of the 51st: A Bill to be entitled an Act to provide for grants to counties of this state to be used for any public purposes; and for other purposes. The following Senate amendment was read: Senator Smalley of the 28th moves to amend Section 2 of HB 777 by adding at the beginning the following: "Except for the funds which are made available to the counties through the Highway Department, and" Mr. Murphy of the 26th moved that the House disagree to the Senate amend ment. The motion prevailed, and the Senate amendment to HB 777 was disagreed to. By unanimous consent, the Senate was requested to return the following Bill of the Senate to the House for the purpose of reconsidering the House's passage thereof: SB 71. By Senator Moore of the 31st: A Bill to be entitled an Act to change the terms of office of the initial members of the Board of Education of the Polk School District elected from the Cedar Lake -- Fite school attendance area and the Fish Creek--Antioch school attendance area; to provide for a referen dum; and for other purposes. The following Bill of the Senate was taken up for the purpose of consider ing the report of the Committee of Conference thereon: 2058 JOURNAL OF THE HOUSE, SB 8. By Senators Rowan of the 8th, Spinks of the 9th, Flowers of the 10th and others: A Bill to be entitled an Act to provide a standard time for the entire State of Georgia; and for other purposes. The following report of the Committee of Conference was read: Conference Committee report on SB 8. The Conference Committee appointed on SB 8 submits the follow ing report: 1. That the Senate and the House of Representatives both recede from their positions and that SB 8 as it passed the Senate be adopted with the exception of Section 4 thereof. 2. That a new Section 4 of said Bill be adopted to read as follows: "Section 4. This Act shall become effective immediately upon its approval by the Governor or its otherwise becoming law; pro vided, however, that if by April 30, 1967, as many as four of the states adjoining the State of Georgia have not exempted them selves from the provisions of Section 3 (a) of the 'Uniform Time Act of 1966', Public Law 89-387, 89th Congress, approved April 13th, 1966, this Act shall stand repealed as of that date and shall be void and of no force and effect.' Respectfully submitted: FOR THE SENATE: A. W. Holloway of 12th Jay D. Gardner of 1st R. Eugene Holly FOR THE HOUSE OF REPRESENTATIVES Hale of 1st Caldwell of 51st Cato of 89th Mr. Hale of the 1st moved that the House adopt the report of the Com mittee of Conference on SB 8. On the motion, the roll call was ordered and the vote was as follows: FRIDAY, MARCH 17, 1967 Those voting in the affirmative were Messrs.: Adams Alexander Anderson Barber Barfield Berry, C. E. Black Blalock Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Buck Busbee Caldwell Cato Chandler Cheeks Clarke Cook Cooper, J. R. Crowe, William Crowe, W. J. Dailey Dean DeLong Dent Dickinson Dodson Dollar Douglas Edwards Fallin Fleming Floyd Gay Gaynor Grahl Hale Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Hood Howell Hutchinson Irvin Johnson, A. S. Johnson, B. Joiner Jones, M. Kaylor Kirksey Knapp Laite Land Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Mason Maxwell McClatchey McCracken Merritt Miller Moate Moore, Don C. Moore, J. H. Moreland, C. C. Mullinax Murphy Newton Northcutt Odom Paris 2059 Parker, H. W. Phillips Poss Potts Rainey Reaves Richardson Roach Rowland Russell Shanahan Sherman Shields Sims Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Steis Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Wiggins Williams Wilson, R. W. Wood Those voting in the negative were Messrs. Berry, J. K. Bowen Gates Collins, M. Dorminy Doster Farmer Gignilliat Grier Lambros Lovell Magoon Mauldin Parrish Ragland Smith, G. W. Starnes Townsend Winkles 2060 JOURNAL OF THE HOUSE, Those not voting were Messrs.: Ballard Battle Bennett Branch Brown, C. Games Cole Collins, J. F. Colwell Conner Cooper, B. Cox Daugherty Davis Dillon Dixon Egan Farrar Funk Gary Hadaway Harrison Henderson Higginbotham Hill Holder Howard Jenkins Jones, C. M. Jordan, G. Jordan, W. H. Lambert Lane, Dick Leggett Longino Lowrey Malone Matthews, C. Matthews, D. R. McDaniell Melton Minge Mixon Nash Nessmith Nimmer Oglesby Otwell Pafford Palmer Parker, C. A. Peterson Pickard Ross Rush Savage Scarlett Shuman Simmons Tye Westlake Whaley Wilson, J. M. Mr. Speaker On the motion, the ayes were 122, nays 19. The report of the Committee of Conference on SB 8 was adopted. 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 121. By Senators Hall of the 52nd, Gardner of the 1st and others: A Bill to be entitled an Act to amend Code Section 47-102 relating to State Senatorial Districts, as amended, so as to provide for the com position and number of State Senatorial Districts and the number of Senators; to repeal conflicting laws; and for other purposes. The following amendment was read: Messrs. Brantley of the 63rd and Lane of the 64th move to amend SB 121 as follows: By striking in its entirety from quoted Section 47-102 of Section 1 the language defining Senatorial District No. 4 and substituting in lieu thereof new language to read as follows: FRIDAY, MARCH 17, 1967 2061 "4. Bulloch, Candler, Effingham, Evans, Screven and Tattnail." By striking in its entirety from quoted Section 47-102 of Section 1 the language defining Senatorial District No. 21 and substituting in lieu thereof new language to read as follows: "21. Burke, Emanuel, Jefferson and Jenkins." 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 Ballard Barber Battle Berry, C. E. Berry, J. K. Black Blalock Brantley, H. L. Bray Brown, C. Buck Carnes Cates Collins, J. P. Colwell Conner Cook Cox Crowe, W. J. Davis Dean DeLong Dent Dickinson Dillon Dodson Doster Douglas Egan Fallin Farmer Farrar Fleming Funk Gary Gay Gaynor Gignilliat Hall Harrington Harris, J. R. Harrison Higginbotham Hill Holder Hood Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner, F. A. Jones, C. M. Jordan, G. Kirksey Laite Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Le vitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Maxwell Melton Merritt Minge Moate Moore, J. H. Moreland Nash Nessmith Newton Nimmer Northcutt Oglesby Otwell Pafford Parker, C. A. Parker, H. W. Parrish Potts Rainey Reaves Richardson Roach Rowland Rush Russell Savage Sherman Shields Shuman Sims Smith, G. W. Smith, W. L. Starnes Steis Sweat Thomas Thompson, R. 2062 Town send Turner Tye Underwood JOURNAL OF THE HOUSE, Vaughn, C. R. Walling Wamble Ward Wells Westlake Whaley Wilson, R. W. Those voting in the negative were Messrs. Alexander Bond Brown, B. D. Caldwell Cato Chandler Cole Collins, M. Cooper, B. Cooper, J. R. Crowe, William Daugherty Edwards Grier Hale Hamilton Harris, R. W. Henderson Howard Irvin Mauldin McClatchey McDaniell Moore, Don C. Odom Palmer Smith, V. T. Snow Thompson, A. W. Threadgill Wiggins Williams Wilson, J. M. Winkles Wood Those not voting were Messrs.: Barfield Bennett Bostick Bowen Branch Brantley, H. H. Busbee Cheeks Clarke Dailey Dixon Dollar Dorminy Floyd Grahl Hadaway Harris, J. F. Howell Jones, M. Jordan, W. H. Kaylor Knapp Land Lee, W. S. Matthews, D. R. McCracken Miller Mixon Mullinax Murphy Paris Peterson Phillips Pickard Poss Randland Ross Scarlett Shanahan Simmons Smith, J. R. Stalnaker Sullivan Tucker Vaughan, D. N. Ware Mr. Spaker On the adoption of the amendment, the ayes were 123, nays 35. The amendment was adopted. An amendment, offered by Mr. Parker of the 55th, was read and lost. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. FRIDAY, MARCH 17, 1967 2063 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 Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, J. P. Collins, M. Colwell Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dorminy Doster Douglas Fallin Farmer Fleming Floyd Gary Gay Gaynor Gignilliat Grahl Grier Had away Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrlson Higginbotham Hill Holder Hood Howard Howell Hutchinson Irvin Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, C. Kaylor Kirksey Knapp Laite Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Longino Lovell Lowrey Malone Mason Matthews, C. Mauldin Maxwell McClatchey Melton Merritt Minge Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Northcutt Odom Oglesby Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Phillips Potts Ragland Rainey Reaves Richardson Roach Rowland Rush Russell Shanahan Shernian Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, W. L. Snow Starnes Steis 2064 JOURNAL OF THE HOUSE, Sullivan Sweat Thomas Thompson, A. W. Threadgill Town send Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Wiggins Wilson, J. M. Wilson, R. W. Winkles Wood Those voting in the negative were Messrs.: Lewis Williams Those not voting were Messrs.: Barfield Bennett Brantley, H. H. Cheeks Conner Dailey Dollar Edwards Egan Farrar Funk Hale Henderson Jenkins Jordan, W. H. Land Leonard Magoon Matthews, D. R. McCracken McDaniell Miller Mixon Nimmer Otwell Peterson Pickard Poss Ross Savage Scarlett Smith, V. T. Stain aker Thompson, R. Whaley Mr. Speaker On the passage of the Bill, as amended, the ayes were 167, nays 2. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 192. By Senator Smith of the 34th: A Bill to be entitled an Act to amend Section 23-106-2 of the Code of Georgia to permit certain counties to spend the proceeds from bond issues within 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 125, nays 0. FRIDAY, MARCH 17, 1967 2065 The Bill, having received the requisite constitutional majority, was passed. SB 184, By Senator Smith of the 18th: A Bill to be entitled an Act to amend Code Section 24-2104 relating to when business may be transacted with the ordinaries, as amended, so as to provide when the ordinary may close 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 113, nays 2. The Bill, having received the requisite constitutional majority, was passed. SR 79. By Senators Spinks of the 9th, Cox of the 21st, Rowan of the 8th and others: A Resolution naming the Jefferson Davis Memorial Highway; and for other purposes. The following amendment was read and adopted: Mixon of 81st moves to amend SR 79 by striking the word "Irvinville" on Ga. Highway No. 107 from line four of page number two and adding in lieu thereof the following: "Ocilla on U. S. Highway No. 129; then 9 miles to Irvinville on Ga. Highway No. 32, the place where Jefferson Davis was captured". 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 122, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. SR 88. By Senator Coggin of the 35th: A Resolution creating the Election Laws Study Committee; and for other purposes. 2066 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 109, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. SR 27. By Senator Holloway of the 12th: A Resolution creating an interim committee to study the feasibilty of establishing a state liaison office in Washington, D. C.; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 108, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. SB 53. By Senators Johnson of the 38th and Coggin; of the 35th: A Bill to be entitled an Act to provide for a guardian the authority to employ competent legal counsel for the ward he represents; to pro vide that the expenses and fees of such counsel may be fixed by the ordinary; to provide for 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 ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 171. By Senator Smalley of the 28th: A Bill to be entitled an Act to amend Code Title 50, relating to habeas corpus, so as to provide a new exclusive procedure for persons whose FRIDAY, MARCH 17, 1967 2067 liberty is being restrained by virtue of a sentence imposed against them by any state court of record; to provide the procedure for the foregoing; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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 Ballard Barber Barfield Berry, J. K. Black Bowen Branch Brantley, H. H. Bray Busbee Caldwell Carnes Cato Chandler Clarke Collins, M. Colwell Cooper, B. Cooper, J. R. Dailey DeLong Dillon Dollar Dorminy Douglas Edwards Farmer Fleming Gay Gaynor Gignilliat Grahl Hadaway Hall Harrington Harris, J. R. Harris, R. W. Henderson Hill Holder Howard Hutchinson Irvin Jenkins Johnson, B. Joiner Jones, M. Kaylor Kirksey Lambert Land Lee, W. S. Leggett Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey Merritt Miller Minge Mixon Moate Moore, Don. C. Moore, J. H. Nash Nessmith Nimmer Odom Otwell Pafford Palmer Parrish Pickard Pbss Potts Ragland Rainey Richardson Roach Ross Rowland Russell Savage Shanahan Sherman Simmons Smith, J. R. Smith, W. L. Snow Starnes Steis Sullivan Thomas Threadgill Tucker Tye Underwood Wamble Ward Wells Wigging Williams Wilson, J. M. Winkles Wood 2068 JOURNAL OF THE HOUSE, Those voting in the negative were Messrs.: Brown, B. D. Crowe, W. J. Dent Grier Thompson, A. W. Those not voting were Messrs.: Alexander Anderson Battle Bennett Berry, C. E. Blalock Bond Bostick Brantley, H. L. Brown, C. Buck Gate* Cheeks Cole Collins, J. F. Conner Cook Cox Crowe, William Daugherty Davis Dean Dickinson Dixon Dodson Doster Egan Fallin Farrar Floyd Funk Gary Hale Hamilton Harris, J. F. Harrison Higginbotham Hood Howell Johnson, A. S. Jones, C. M. Jordan, G. Jordan, W. H. Knapp Laite Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Lewis Longino Magoon McCracken McDaniell Melton Moreland Mullinax Murphy Newton Northcutt Oglesby Paris Parker, C. A. Parker, H. W. Peterson Phillips Reaves Rush Scarlett Shields Shuman Sims Smith, C. W. Smith, V. T. Stalnaker Sweat Thompson, R. Townsend Turner Vaughan, D. N. Vaughn, C. R. Walling Ware Westlake Whaley Wilson, R. W. Mr. Speaker On the passage of the Bill, the ayes were 111, nays 5. The Bill, having received the requisite constitutional majority, was passed. SB 127. By Senators Johnson of the 38th, Smith of the 34th and Wesberry of the 37th: A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide a uniform county commissioners law for such counties as may require a commission form of county government", approved February 22, 1947; and for other purposes. FRIDAY, MARCH 17, 1967 2069 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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 Ballard Barber Battle Berry, J. K. Black Blalock Brantley, H. H. Busbee Caldwell Carnes Clarke Collins, M. Colwell Cook Crowe, William Crowe, W. J. Dailey DeLong Dent Dillon Dodson Dorminy Douglas Edwards Farmer Fleming Funk Gay Gaynor Gignilliat Grahl Grier Hadaway Hall Hamilton Harris, J. R. Holder Hood Howell Hutchinson Irvin Jenkins Johnson, A. S. Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Lane, Dick Lee, W. S. Leggett Lewis Longino Lovell Lowrey Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey Miller Minge Mixon Moate Moore, Don C. Mullinax Newton Nimmer Northcutt Odom Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Phillips Poss Potts Ragland Rainey Richardson Roach Ross Rowland Russell Savage Shanahan Sherman Simmons Smith, W. L. Snow Stalnaker Starnes Steis Thompson, R. Tucker Tye Vaughn, C. R. Wamble Ward Ware Wells Whaley Williams Winkles Those voting in the negative were Messrs.: Cooper, B. Nessmith Underwood 2070 JOURNAL OF THE HOUSE, Those not voting were Messrs.: Alexander Anderson Barfield Bennett Berry, C. E. Bond Bostick Bo wen Branch Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Gates Cato Chandler Cheeks Cole Collins, J. F. Conner Cooper, J. R. Cox Daugherty Davis Dean Dickinson Dixon Dollar Doster Egan Fallin Farrar Floyd Gary Hale Harrington Harris, J. F. Harris, R. W. Harrison Henderson Higginbotham Hill Howard Johnson, B. Jones, C. M. Lambert Land Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Magoon Mason McCracken McDaniell Melton Merritt Moore, J. H. Moreland Murphy Nash Oglesby Paris Peterson Pickard Reaves Rush Scarlett Shields Shuman Sims Smith, G. W. Smith, J. R. Smith, V. T. Sullivan Sweat Thomas Thompson, A. W. Threadgill Townsend Turner Vaughan, D. N. Walling Westlake Wiggins Wilson, J. M. Wilson, R. W. Wood Mr. Speaker On the passage of the Bill, the ayes were 112, nays 3. The Bill, having received the requisite constitutional majority, was passed. The Speaker announced the House recessed until 2:45 P. M. AFTERNOON SESSION The House was called to order by the Speaker. The following Resolutions of the House were read and adopted: FRIDAY, MARCH 17, 1967 2071 HR 339. By Messrs. Underwood of the 61st and Steis of the 100th: A RESOLUTION Commending the Montgomery County High School Girl's Basket ball Team; and for other purposes. WHEREAS, on March 16, 1967, the Montgomery County High School Girl's Basketball Team in the State Tournament being conducted in Macon, Georgia, soundly defeated the Harris County Girl's Basket ball Team; and WHEREAS, it is only befitting and proper that this body re^ cognizes the oustanding talents and sportsmanship possessed by these distinguished young athletics. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend an con gratulate each and every member of the Montgomery County High School Girl's Basketball Team for their fine athletic talents and ac complishments. In particular, the heartiest congratulations are ex tended to their Coach, Mayes Dobbins, for his excellent tutelage of these outstanding young ladies. BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to bring to the attention of representative Bill Steis of the 100th District of which Harris County is a portion thereof the content of this Resolution, so that he may be informed of the skills and talents of the young ladies of Montgomery County. HR 340. By Messrs. Wood and Cooper of the 16th, Lambert of the 38th and others: A RESOLUTION Commending Captain W. B. "Ben" Garr; and for other purposes. WHEREAS, Captain Ben Garr has been a member of the Georgia State Patrol for the past twenty-six years; and WHEREAS, he has served for the last eight years and three months as an Aide to former Governor S. Ernest Vandiver, former Governor Carl E. Sanders and Governor Lester G. Maddox; and WHEREAS, during this period of time, Captain Garr has been most cooperative and helpful to the members of the General Assembly; and WHEREAS, Captain Garr is transferring to the Highway Depart ment. 2072 JOURNAL OP THE HOUSE, NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Captain W. B. "Ben" Garr for the outstanding job he has done during his entire career with the Georgia State Patrol and es pecially the job he has done as Aide to three Governors, and all of the members of this body do hereby extend their best wishes for continued success in his new assignment. BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to Captain Garr. HR 341. By Messrs. Moore of the 12th, Dean, of the 20th and others: A RESOLUTION Commending Honorable Leon Farmer, Jr., Representative, 29th District; and for other purposes. WHEREAS, Honorable Leon Farmer, Jr., was elected to the House of Representatives in November, 1966, and is presently serving as a member of said body; and WHEREAS, he is a member of the Special Judiciary Committee, University System of Georgia Committee, and the Welfare Committee; and WHEREAS, he has been very cordial and cooperative with all members of the House; and WHEREAS, he has expert accounting ability and a shrewd legal mind, and has been very helpful to the members in consulting with them; and WHEREAS, he has served the people of his district with dedication and effectiveness; and WHEREAS, he is one of the most effective and popular new members of the House of Representatives and will make important contributions to the State of Georgia in the future. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable Leon Farmer, Jr., Representative, 29th District, for his cordiality and effectiveness as a member of this body. 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 Leon Farmer, Jr., to the Athens Banner Herald, Athens, Georgia, and to the Athens Daily News, Athens, Georgia. FRIDAY, MARCH 17, 1967 2073 HR 342. By Messrs. Battle of the 116th, Tye of the 115th and others: A RESOLUTION Expressing appreciation to Mr. John B. Hohenstein, Mr. Prank P. Rossiter, and Mr. Ed J. Fogarty, Jr., relative to the presentation of a flag and shamrocks on St. Patrick's Day; and for other purposes. WHEREAS, Mr. John B. Hohenstein, Mr. Frank P. Rossiter, and Mr. Ed J. Fogarty, Jr., outstanding citizens of Chatham County, have presented an Irish flag to the House of Representatives and have presented a shamrock to each member of the House on this great day for the Irish, St. Patrick's Day; and WHEREAS, the hundreds of thousands of outstanding citizens of the United States from Ireland have made many outstanding and magnificent contributions towards making this country the greatest nation on earth; and WHEREAS, the County of Chatham and the City of Savannah are blessed with an abundance of citizens of Irish descent who have contributed immeasurably to the success of the State of Georgia, the County of Chatham, and the City of Savannah. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest appreciation is hereby expressed to Mr. John B. Hohenstein, Mr. Frank P. Rossiter, and Mr. Ed J. Fogarty, Jr., for the Irish flag and the shamrocks, and the members of this body hereby extend to all Irishmen everywhere their very best wishes for a magnificent and great St. Patrick's Day. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit an appropriate copy of this Resolution to each of the above gentlemen. HR 343. By Messrs. Edwards of the 57th and Poss of the 17th: A RESOLUTION Expressing appreciation to Honorable William Birdsong; and for other purposes. WHEREAS, Honorable William Birdsong is the official "State Photographer"; and WHEREAS, he has been most cooperative with the members of the General Assembly during the 1967 Session; and WHEREAS, it is the desire of the members of this body to com mend and thank Honorable William Birdsong for the outstanding job he is doing. 2074 JOURNAL OF THE HOUSE, NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its sincere appreciation to Honorable William Birdsong for his splendid coopera tion with the members of this body during the 1967 Session. BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to Honorable William Birdsong. HR 344. By Messrs. Snow of the 1st and Grahl of the 52nd: A RESOLUTION Commending the founding of the Georgia Journalism Workshop; and for other purposes. WHEREAS, a notice is now circulating among journalists an nouncing the foundation of the Georgia Journalism Workshop; and WHEREAS, the Georgia Journalism Workshop is a loosely formed group of working newsmen with no membership rolls, no dues, no con stitution or by-laws, no officers, no committees, no parties, no awards, and no great humanitarian mission; and WHEREAS, "shop talk" will be excluded from the agenda at all meetings of the Georgia Journalism Workshop, and meetings will be concerned with a philosophical examination of the broad issues facing society in order to give the participating newsmen a broader scope and background for handling the day to day breaking stories; and WHEREAS, the Georgia Journalism Workshop is an avowedly nebulous, ill-planned and completely flexible organization designed to preserve a fellowship of journalists dedicated to unobtrusive contempla tion and opposition to the growing trend of anti-intellectualism in the craft. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby heartily commend the founding of the Georgia Journalism Workshop, which is a remarkably different and refreshing new organization made up of individualistic and able journalists. 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 Georgia Journalism Workshop. HR 345. By Mr. Ward of the 2nd: A RESOLUTION Commending the Ringgold High School Girls' Basketball Team; and for other purposes. FRIDAY, MARCH 17, 1967 2075 WHEREAS, the Ringgold High School Girls' Basketball Team was runner-up in the Region 7AA Tournament; and WHEREAS, being runners-up in the Region Tournament also en titled the team to play in the State Class AA Tournament; and WHEREAS, this team is ably coached by Homer Carraway; and WHEREAS, this team did, by their remarkable ability, wonderful sportsmanship, and excellent conduct reflect honor and great credit upon themselves; their Coach, Homer Carraway; and the faculty and students of Ringgold High School; and to all citizens of Catoosa County; and WHEREAS, it is only befitting and proper that this body recognize the outstanding achievements and record compiled by this distinguished group of young athletes from Ringgold High School. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate each and every member of the Ringgold High School Girls' Basketball Team and their fine coach, Homer Carraway. BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to Coach Homer Carraway and Ringgold High School Prin cipal, Frank Christie. HR 346. By Mr. Ward of the 2nd: A RESOLUTION Commending the Ringgold High School Boys' Basketball Team; and for other purposes. WHEREAS, the Ringgold High School Boys' Basketball Team won the Region 7AA Basketball Tournament; and WHEREAS, the team represented Region 7AA in the State Class AA Tournament; and WHEREAS, the most notable factor contributing to the outstand ing record which this team compiled during the regular 1966-67 season has been the display of superior teamwork on the part of all of the members of the team; and WHEREAS, this team is ably coached by Jerry Jones; and WHEREAS, this team has cast honor upon their community and the State of Georgia, both in the quality of their play and in the sportsmanship they have exhibited while on the basketball court. 2076 JOURNAL OF THE HOUSE, NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate each and every member of the Ringgold High School Boys' Basketball Team and their fine Coach, Jerry Jones. BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Reso lution to Coach Jerry Jones and Ringgold High School Principal, Frank Christie. HR 347. By Mr. Wells of the 30th: A RESOLUTION Congratulating the Oconee County High School boys basketball team and Coach Sonny Saye; and for other purposes. WHEREAS, the Oconee County High School boys basketball team completed a successful season in 1966-67; and WHEREAS, after winning the Region Class B. Championship, the team then proceeded to the semifinal games of the State Class B tournament, overcoming great odds against such a feat; and WHEREAS, these feats can only be attributed to the spirit, de termination, drive, pride, and sportsmanship of these young athletes and Coach Sonny Saye; and WHEREAS, all of the citizens of Georgia, and particularly those citizens residing within Oconee County, are justly proud of these achievements. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby join with the many relatives and friends of the young men of the Oconee County High School basketball team and Coach Sonny Saye in extending to them our heartiest congratulations for their many accomplishments on the hard wood floors 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 Oconee County High School, Coach Sonny Saye, and every member of the Oconee County High School basketball team. HR 348. By Mr. Ballard of the 37th: A RESOLUTION Congratulating the Newton County High School boys basketball team and Coach Ronald Bradley; and for other purposes. FRIDAY, MARCH 17, 1967 2077 WHEREAS, the Newton County High School boys basketball team completed a successful season in 1966-67; and WHEREAS, after finishing as the runnerup in the Region AA Championship, the team then proceeded to the quarterfinals of the State Class AA tournament, overcoming great odds against such a feat; and WHEREAS, these feats can only be attributed to the spirit, de termination, drive, pride, and sportsmanship of these young athletes and Coach Ronald Bradley; and WHEREAS, all of the citizens of Georgia, and particularly those citizens residing within Newton County, are justly proud of these achievements. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby join with the many relatives and friends of the young men of the Newton County High School basketball team and Coach Ronald Bradley 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 appro priate copy of this resolution to the Newton County High School, Coach Ronald Bradley, and every member of the Newton County High School basketball team. HR 349. By Mr. Smith of the 44th: A RESOLUTION Congratulating the Milner High School boys basketball team and Coach Joe Bell; and for other purposes. WHEREAS, the Milner High School boys basketball team completed a successful season in 1966-67; and WHEREAS, after winning the Region Class C Championship, the team then proceeded to the semifinals of the State Class C tournament, overcoming great odds against such a feat; and WHEREAS, these feats can only be attributed to the spirit, de termination, drive, pride, and sportsmanship of these young athletes and Coach Joe Bell; and WHEREAS, all of the citizens of Georgia, and particularly those citizens residing within Lamar County and the Town of Milner, are justly proud of these achievements. 2078 JOURNAL OF THE HOUSE, NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby join with the many relatives and friends of the young men of the Milner High School basketball team and Coach Joe Bell 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 appro priate copy of this resolution to Milner High School, Coach Joe Bell, and every member of the Milner High School basketball team. HR 350. By Mr. Nimmer of the 84th: A RESOLUTION Congratulating the Blackshear High School boys basketball team and Coach Bob Osteen; and for other purposes. WHEREAS, the Blackshear High School boys basketball team completed a successful season in 1966-67; and WHEREAS, after finishing as the runner-up in the Region Class B Championship, the team then proceeded to the final game of the State Class B tournament, overcoming great odds against such a feat; and WHEREAS, these feats can only be attributed to the spirit, de termination, drive, pride, and sportsmanship of these young athletes and Coach Bob Osteen; and WHEREAS, all of the citizens of Georgia, and particularly those citizens residing within Pierce County and the City of Blackshear, are justly proud of these achievements. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby join with the many relatives and friends of the young men of the Blackshear High School basketball team and Coach Bob Osteen in extending to them our hearti est 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 appro priate copy of this resolution to Blackshear High School, Coach Bob Osteen, and every member of the Blackshear High School basketball team. The following Resolutions of the House were read and referred to the Committee on Rules: FRIDAY, MARCH 17, 1967 2079 HR 351. By Mr. Barfield of the 95th: A RESOLUTION Creating an interim study committee; and for other purposes. WHEREAS, the State of Georgia presently has 27 examining boards to license and test the various businesses, professions, and trades in the State of Georgia; and WHEREAS, bills are introduced during each session of the General Assembly to create new examining boards; and WHEREAS, it is the desire of the members of this body to de termine whether or not the present examining boards are functioning in the manner intended by the General Assemlby when they were created. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be composed of five members of the House of Representa tives to be appointed by the Speaker. The committee is hereby authorized to conduct studies and inquiries into the operation of the various examining boards in the State of Georgia. The Joint Secretary, State Examining Boards, in the Office of the Secretary of State and the members of the various examining boards are hereby authorized and directed to cooperate to the fullest extent with the members of this committee. The members of the committee shall receive the 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, 1967 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 or available to the legislative branch of government. HR 352. By Messrs. Oglesby of the 92nd, Barber of the 24th, Moore of the 20th and Pickard of the 112th: A RESOLUTION Creating an interim committee to study retirement and emeritus pay systems; and for other purposes. WHEREAS, the retirement systems for which a fund is maintained are widely varied and inconsistent; and, WHEREAS, there is little coordination among the retirement systems, and WHEREAS, many employees are covered by more than one system, and 2080 JOURNAL OF THE HOUSE, WHEREAS, the investment policies of the various systems widely differ, and WHEREAS, there is a need to clearly identify all groups of em ployees to whom the State has an obligation to provide retirement bene fits and to cover all employees in single consolidated retirement system, NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of ten members of the House to be appointed by the Speaker thereof. Said committee shall be charged with the responsibility of studying all matters relative to retirement and emeritus pay systems. By way of illustration, but not of limitation, said committee shall ana lyse the studies made by the Governor's Committee for Efficiency and Improvement in Government, advance these studies in depth, make its report to this House with recommendations, with suggested legislation to implement its recommendations. BE IT FURTHER RESOLVED that the members of the Committee shall receive the expenses and travel allowances authorized for legis lative members of interim legislative committees. The members of the Committee shall receive such expenses and allowances from funds appro priated or available to the legislative branch of government but shall receive the same for not more than thirty (30) days. Any other funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or available to the legislative branch of government. Out of state travel by the members of said Committee or persons under its authorization shall be allowed only upon the permission of the Speak er of the House of Representatives of the General Assembly of Georgia. Said Committee shall make a report of its findings and recommendations to the 1968 session of the General Assembly, which report shall be accompanied by such proposed legislation as might be recommended by said Committee. HR 353. By Mr. Smith of the 114th: A RESOLUTION Creating an interim committee to study the advisability of author izing 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 would be greatly expanded if the State could furnish them with additional revenues, and FRIDAY, MARCH 17, 1967 2081 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 programs 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 conimitteee shall be composed of seven (7) members to be selected as follows: five (5) members of the House of Representa tives to be appointed by the Speaker of the House of Representatives, and two (2) non-legislative members knowledgeable in the area to be studied 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 render any 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 convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives of this resolution. BE IT FURTHER RESOLVED that the legislative members of the committee shall receive the same expenses and travel allowances authorized for legislative members of interim legislative committees in accordance with an Act approved March 16, 1966 (Ga. Laws 1966, p. 544). The other members of the committee shall receive no compensa tion, but they shall receive the same expenses and travel allowances authorized for legislative members of interim legislative committees. The members of the committee shall receive such expenses and allow ances from the funds appropriated to or available to the legislative branch of government. Such expenses and 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 1, 1967, on which date the committee shall stand abolished. 2082 JOURNAL OP THE HOUSE, HR 354. By Messrs. Daugherty of the 134th, Paris of the 23rd, Dixon of the 83rd, Anderson of the 71st, Colwell of the 5th and Egan of the 141st: A RESOLUTION Creating an interim committee to study all matters relating to the purchase of gasoline by all State agencies using gasoline; and for other purposes. WHEREAS, preliminary investigations reveal that gasoline is being purchased by several State agencies on a non-competitive bid basis; and WHEREAS, such investigations also reveal that when such gasoline is purchased on a competitive bid basis, substantial savings are realized; and WHEREAS, if the gasoline used by all State agencies were pur chased on a coordinated and competitive bid basis, the State would realize savings amounting to thousands of dollars. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim committee to be known as the Gasoline Purchase Study Committee to be composed of six (6) members of the House Appropriations Committee to be ap pointed by the Speaker of the House of Representatives. Said Commit tee shall be authorized to study all matters relating to the purchase of gasoline by the various State agencies using the same, and shall develop a plan whereby such gasoline shall be purchased on a Statewide co ordinated competitive bid basis. BE IT FURTHER RESOLVED that the Committee may hold such meetings at such places and at such times as it considers expedient and may do all other things consistent with this Resolution which 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 expenses and travel allowances authorized for legisla tive members of interim legislative committees. The members of the Committee shall receive such expenses and allowances from the funds appropriated or available to the legislative branch of 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 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 to the 1968 session of the General Assembly of Georgia. FRIDAY, MARCH 17, 1967 The following Resolutions of the House were read and adopted: 2083 HR 355. By Messrs. Cook of the 123rd and Smith of the 54th: A RESOLUTION Commending the members of the Atlanta Electronic News Media; and for other purposes. WHEREAS, certain members of this august body, such as Mr. Sloppy Floyd (of the metropolitan area of Trion, Georgia) Jones Lane, Bobby Pafford, et al., have become "star actors" on the Atlanta Radio and TV Stations; and WHEREAS, the members of this House have opened their hearts and chambers to the members of the Electronic Media; and WHEREAS, the television members of the Electronic Media are known as "gorillas", not necessarily for their physical features but for the position they assume when carrying their equipment; and WHEREAS, the radio members of the Electronic Media are known as "apes" for about the same reason; and WHEREAS, they have banned together for mutual fellowship as the "Gorilla and Ape Society"; and WHEREAS, the gorillas and apes have chosen the appropriate days of Halloween and April Fool's Day for their meetings. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the members of the Atlanta Electronic News Media on the choice of their name, Gorilla and Ape Society, and the dates of their semi-annual meetings, Halloween and April Fool's Day, both of which are most appropriate. 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 Gorilla and Ape Society. HR 356. By Messrs. Cook of the 123rd, Brantley of the 139th and others: A RESOLUTION Creating an interim committee to study all matters relative to pro viding adequate parks and recreational facilities for Fulton County and the City of Atlanta; and for other purposes. 2084 JOURNAL OF THE HOUSE, WHEREAS, because of the constant growth of the metropolitan area of the City of Atlanta, the problems associated with providing adequate parks and recreational facilities for the citizens of said area become more complex in direct proportion to said continued growth; and WHEREAS, adequate parks and other recreational facilities are of fundamental importance to the health and happiness of the citizens of said area and particularly to the youth of said area; and WHEREAS, dissatisfaction has been expressed by some citizens and members of the General Assembly regarding the adequacy, effi ciency and effectiveness of the present methods of providing parks and recreational facilities for Fulton County and the City of Atlanta; and WHEREAS, a thorough study should be made to determine the most efficient and effective method of providing adequate parks, athletic fields, and other recreational facilities for Fulton County and the City of Atlanta. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Fulton CountyCity of Atlanta Parks and Recreation Study Committee to be composed of five (5) members of the House from the Fulton County delegation to be appointed by the Speaker of the House. Said Committee shall be authorized to make a thorough study of all matters relative to providing adequate parks and recreational facilities for Fulton County and the City of Atlanta. BE IT FURTHER RESOLVED that the Committee may hold such meetings at such places and at such times as it considers expedient and may do all other things consistent with this resolution which 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 Committee shall serve without expense to the State and shall not receive the expenses and travel allowances authorized for legislative members of interim legislative committees. Said Committee shall make a report of its findings and recommendations, which report shall be accomplished by such proposed legislation as might be recommended by said Com mittee, to the 1968 Session of the General Assembly of Georgia. HR 357. By Messrs. Irvin of the llth and Jones of the 76th: A RESOLUTION To amend House Resolution No. 3 of the 1967 Session relative to officials, employees and committees in the House of Representatives; and for other purposes. FRIDAY, MARCH 17, 1967 2085 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that House Resolution No. 3 of the 1967 Session relative to officials, employees and committees in the House of Representatives is hereby amended by adding a new paragraph at the end of Part VI to read as follows: "Pursuant to the provisions of law, in addition to the amount they receive as salary as members of the General Assembly, the Majority Leader and the Administration Floor Leader shall receive an amount of twenty-four hundred dollars ($2,400.00) per annum each, as salary, to be paid by the State Treasurer in equal monthly or semi-monthly installments." HR 358. By Messrs. Harris of the 118th, Barber of the 24th and Farrar of the 118th: A RESOLUTION Requesting the State Board of Education to make an incentive grant to the DeKalb County Board of Education; and for other purposes. WHEREAS, the Fernbank Science Center facility will be available to the pupils in the public schools of the metropolitan area and the State of Georgia, and will be available for in-service education classes for teachers in the school systems of the metropolitan areas in collabora tion with the colleges and universities and for in-service classes for teachers throughout the State of Georgia; and WHEREAS, the facility will be available to develop pictures of the solar system, exhibits of the solar system, meteorology data, weather maps, and other materials in the form of video tapes, pictures, and charts for use in the television programs of the State Department of Education and in other curricular developments; and WHEREAS, the school system of DeKalb has provided the funds to supplement the grants of the Federal government to construct, equip, and operate this facility; and WHEREAS, it is desirable to further extend this innovative fa cility to a comprehensive status in the field of natural and space sciences. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the State Board of Education under the capital outlay provisions of the Minimum Foundation Program of Educa tion Act, Senate Bill 180, is encouraged to consider making available an incentive grant to the DeKalb Board of Education for capital outlay to expand this facility, with the condition that such a grant would be used for facilities available to all schools on the same basis. 2086 JOURNAL OF THE HOUSE, HR 359. By Messrs. Murphy of the 26th, Caldwell of the 51st and Irvin of the llth: A RESOLUTION Endorsing a proposed amendment to the Constitution of the United States preserving the rights of the States with respect to public schools; and for other purposes. WHEREAS, on Febraury 13, 1967, Honorable Robert L. F. Sikes, M. C., First Congressional District, Florida, introduced a resolution in the House of Representatives of the United States proposing an amendment to the Constitution preserving the rights of the States with respect to public schools; and WHEREAS, Sections 1 and 2 of said proposed amendment read as follows: "Section 1. The right of each State to determine the curricu lum of, the facilities provided for, and the qualifications of the personnel in, the public schools of that State shall not be abridged either directly or indirectly by the United States. "Section 2. This article shall not be construed to prohibit Federal financial support for education, nor be construed so as to abridge the rights of persons protected by the fourteenth amend ment."; and WHEREAS, said proposed amendment rightfully recognizes the sovereignty of the several States of the United States; and WHEREAS, the ratification of said proposed amendment would not degrade or harm public education in the State of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby endorse the proposed constitutional amendment (H. J. Res. 292) introduced in the House of Representatives of the United States preserving the rights of the States with respect to public schools. BE IT FURTHER RESOLVED that this body does hereby strongly urge the members of the United States Congress from Georgia to sup port and assist in the passage of said proposed constitutional amend ment. 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 Honorable James O. Eastland, Chairman, Committee on Judiciary of the House of Representatives of the United States, Honorable Robert L. F. Sikes, M. C., First Congres- FRIDAY, MARCH 17, 1967 2087 sional District, Florida, and each member of Congress from the State of Georgia. HR 360. By Mr. Busbee of the 79th: A RESOLUTION BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE SENATE CONCURRING, that the General Assembly do adjourn sine die on Friday, March 17, 1967, at 5:00 o'clock p.m. HR 361. By Messrs. Nessmith and Lane of the 64th: A RESOLUTION Commending the Statesboro High School "Blue Devils" Football Team; and for other purposes. WHEREAS, during the 1966 season, the Statesboro High School "Blue Devils" Football Team enjoyed a most successful season, winning twelve games and losing none; and WHEREAS, this team also won the Class 2AA Football Champion ship in 1966; and WHEREAS, during the 1966 season, this team accomplished a most awesome display of offensive power by scoring 349 points while their stubborn defense allowed only 35 points to be scored by their opponents; and WHEREAS, the 1966 Statesboro High School "Blue Devils" Foot ball Team represents one of the finest asemblages of young athletic talent in the entire State of Georgia; and WHEREAS, it is only befitting and proper that this body recognize the fine sportsmanship and athletic talents of this outstanding team. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate each and every member of the 1966 Statesboro High School "Blue Devils" Football Team for their fine record compiled during this past season. In particular, congratulations and commendations are ex tended to Head Coach Ernest Teel and Assistant Coach Ray Williams for their excellent tutelage of the fine young men comprising this magnificant athletic team. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit appro priate copies of this Resolution to Coach Ray Williams for his distribu- 2088 JOURNAL OP THE HOUSE, tion to each and every member of the 1966 Statesboro High School "Blue Devils" Football Team. HR 362. By Messrs. Smith of the 54th and Hood of the 124th: A RESOLUTION Congratulating the Honorable and Mrs. Douglas C. Bell; and for other purposes. WHEREAS, at 7:30 a.m. Friday, March 17th, a new Bell was pealed in the State of Georgia; and WHEREAS, the joyous sounds of this Bell are sure to be heard for many a year in Georgia; and WHEREAS, this newest Bell is the newborn son of the Honorable Douglas C. Bell, who serves so ably as an aide to the Speaker of this body, and the gracious and lovely Mrs. Bell, and bears the name of Douglas C. Bell, Jr. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body wishes to extend its heartiest congratulations to Honorable and Mrs. Douglas C. Bell on the joyous occasion of the birth of Master Douglas C. Bell, Jr. BE IT FURTHER RESOLVED that this body knows that Doug, Jr. will be blessed with the brains of his father and the graciousness and personality of his mother and will be a continual source of great pride and happiness to his family and their many friends. 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 Honorable and Mrs. Douglas C, Bell. HR 363. By Mr. Cook of the 123rd: A RESOLUTION Designating The Cathedral Bellringers as the official Handbell Ringers of the State of Georgia and wishing them success on their con cert tour of Europe; and for other purposes. WHEREAS, The Cathedral Bellringers, under the direction of Mrs. Frances Shaffer Edwards, B.A., B. Mus., B.Ch. Mus (cum laude), M.A., have represented Georgia youths throughout America since the early 1950s by their fine performance of music on English handbells; and FRIDAY, MARCH 17, 1967 2089 WHEREAS, The Cathedral Bellringers have brought national recog nition to Georgia through their performances on national programs on all the major networks; and WHEREAS, The Cathedral Bellringers have brought internation al recognition to Georgia through their performances for international conventions and for our armed forces; and WHEREAS, The Cathedral Bellringers were the first group of handbell ringers in the South; and WHEREAS, The Cathedral Bellringers were among the founders of the national organization, The American Guild of English Hand bell Ringers, which sponsors handbell ringing particularly among our youth; and WHEREAS, The Cathedral Bellringers held the first convention of this organization in the South, which brought musicians not only from the seven southern states, but from all over the United States; and WHEREAS, The Cathedral Bellringers are planning to be hosts to a national convention of bellringers in 1969 which will bring over 2,000 ringers from throughout the world to Atlanta; and WHEREAS, The Cathedral Bellringers are planning a concert tour of Europe, making them the first bellringers from the United States to travel abroad; and WHEREAS, The Cathedral Bellringers will perform a unique pro gram about Georgia in seven foreign countries; and WHEREAS, The Cathedral Bellringers in their fame have always exemplified the finest standards for Christian youth, for music, and as citizens of the State of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby designate The Cathedral Bellringers as the official Handbell Ringers of the State of Georgia, and express its best wishes to each member of The Cathedral Bellringers that their concert tour of Europe will be an out standing success. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to Mrs. Frances Shaffer Edwards and to each member of The Cathedral Bellringers, whose names are as follows: Barrie Biehl, Betsy Bulloch, Caryn Childs, Nancy Conrad, Celia Crawford, Millie Cullom, Norma Cullom, Carol Ebersole, Chris topher Edwards, Kathy Kiker, Leedel Mathews, Sally Murrill, Kappi Tucker, Jean Ward and Karen Ward. 2090 JOURNAL OP THE HOUSE, HR 364. By Messrs. Sims of the 131st, Farrar, Harris and Walling of the 118th and Irvin of the llth: A RESOLUTION Congratulating Mrs. Louis J. Levitas; and for other purposes. WHEREAS, Mrs. Louis J. Levitas is celebrating her 70th birthday today, March 17, 1967; and WHEREAS, Mrs. Levitas is the Mother of Honorable Elliott H. Levitas, the distinguished Representative from the 118th District; and WHEREAS, it is the desire of the members of this body to com pliment Mrs. Louis J. Levitas for her contributions to the civic, social, and religious activities of her community. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby congratulate Mrs. Louis J. Levitas upon the celebration of her 70th birthday, and the members of this body wish her many happy returns of the day. BE IT FURTHER RESOLVED that the clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to Mrs. Louis J. Levitas. HR 365. By Messrs. Henderson and Wilson of the 102nd and Howard of the 101st: A RESOLUTION Commending Honorable J. W. (Bill) Cooper for his outstanding service on the Cobb County Board of Education. WHEREAS, Honorable J. W. (Bill) Cooper, our distinguished colleague from the 103rd District, resigned from the Cobb County Board of Education on March 9th after serving two years and two months on said Board; and WHEREAS, he resigned as a result of a campaign promise to re present the people of Cobb County from the 103rd District made during his successful race for election to the House of Representatives; and WHEREAS, he resigned from said Board of Education despite the urging of his many friends to continue in said office; and WHEREAS, he served with great distinction, faithfully, unselfish ly, and with complete dedication to the welfare of the children of Cobb County; and WHEREAS, he served the Third Education District of the Cobb County School System as a member of said Board which included the FRIDAY, MARCH 17, 1967 2091 Austell, Clarkdale, MacLand, Oregon, and Powder Srings Militia Dis tricts ; and WHEREAS, during such service he exerted great effort toward the reorganization of the administrative procedures of said school system in order to bring such procedures in line with good business practices; and WHEREAS, during- his service on said Board the Cobb County School made great strides toward the development of a school system second to none in the State of Georgia; and WHEREAS, he was successful in leading the controversial fight for the location of new schools in the County where they were most needed. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable J. W. (Bill) Cooper, Representative, 103rd District, for his outstanding service on the Cobb County Board of Education and for his unselfish devotion to the welfare of the children of Cobb County. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this resolution to the Honorable J. W. (Bill) Cooper, Representative, 103rd District. HR 366. By Mr. Dean of the 20th: A RESOLUTION Commending the Cedartown Jaycees; and for other purposes. WHEREAS, the Cedartown Jaycees Club is one of the most active civic organizations in Polk County; and WHEREAS, the members of this body are cognizant of the fine work which the Jaycees do to promote the welfare of the less fortunate and their work with young: people in general; and WHEREAS, Jaycees are undeniably "Young Men of Action"; and WHEREAS, it is the desire of the members of this body to recog nize the Cedartown Jaycees for their oustanding accomplishments and achievements. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Cedartown Jaycees for living up to the Jaycee Creed, which states that "service to humanity is the best work of life". 2092 JOURNAL OF THE HOUSE, 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 Merrill Dye, President; and Honorable Wayne Harris, Secretary of the Cedartown Jaycees Club. HR 367. By Mr. Dean of the 20th: A RESOLUTION Commending' the Rockmart Jaycees; and for other purposes. WHEREAS, the Rockmart Jaycees Club is one of the most active civic organizations in Polk County; and WHEREAS, the members of this body are cognizant of the fine work which the Jaycees do to promote the welfare of the less fortunate and their work with young people in general; and WHEREAS, Jaycees are undeniably "Young Men of Action"; and WHEREAS, it is the desire of the members of this body to recog nize the Rockmart Jaycees for their outstanding accomplishments and achievements. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Rockmart Jaycees for living up to the Jaycee Creed, which states that "service to humanity is the best work of life". 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 Jim Fowler, President of the Rockmart Jaycees. HR 368. By Mr. Dean of the 20th: A RESOLUTION Commending the Polk County Chapter of the GEA; and for other purposes. WHEREAS, the Polk County Chapter of the GEA is one of the most active GEA Chapters in Georgia; and WHEREAS, the members of the Polk County Chapter of the GEA are constantly striving to improve the quality of education in Polk County; and WHEREAS, it is the desire of the members of this body to recog nize these outstanding1 public servants for their accomplisments and achievements. FRIDAY, MARCH 17, 1967 2093 NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the mem bers of the Polk County Chapter of the GEA for the work they are doing in the furtherance of attaining quality education for all of the students of the Polk County School System. 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. W. F. "Billy" Cummings, President of the Polk County Chapter of the GEA, and to Mr. Joe Maddox, Chairman of the Legislative Committee of the Polk County Chapter of the GEA, and to the principals of each of the schools within the Polk County School System. HR 369. By Mr. Dean of the 20th: A RESOLUTION Commending the Cedartown High School Boy's Basketball Team; and for other purposes. WHEREAS, the Cedartown High School Boy's Basketball Team was runner-up in the Region 6AA Basketball Tournament which en titled them to play in the State Class AA Tournament; and WHEREAS, the team is ably coached by Dick Whitis; and WHEREAS, the team is comprised of the following members: Philip Ashmore Mike Magness Lanny Wesson Carey Atkins Wendel Rhodes Terry Lindsey; and WHEREAS, the members of the team did, by their remarkable ability, wonderful sportsmanship, and excellent conduct, reflect great credit upon themselves; their coach, Dick Whitis; the faculty and students of Cedartown High School; and to all citizens of Cedartown. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate every member of the Cedartown High School Boys' Basket ball Team, and their fine coach, Dick Whitis. In particular, Polk County Representative, the Honorable Nathan Dean, does hereby express his pride in the achievements of this fine and outstanding team. BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to each person named herein. 2094 JOURNAL OF THE HOUSE, HR 370. By Mr. Dean of the 20th: A RESOLUTION Commending the Cedartown Chapter of the Georgia Education Association; and for other purposes. WHEREAS, the Cedartown Chapter of the GEA is one of the most active in Georgia; and WHEREAS, the members of the Cedartown Chapter of the GEA are constantly striving to improve the quality of education in Cedartown; and WHEREAS, it is the desire of the members of this body to recog nize these oustanding public servants for their accomplishments and achievements. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the mem bers of the Cedartown Chapter of the GEA for the work they are doing in the furtherance of attaining quality education for all of the students of the Cedartown School System. 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. M. M. Thomas, Superintendent of the Cedartown School System, and to the principals of each of the schools within the Cedartown School System. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit: HB 114. By Mr. Malone 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, so as to change the base compensation; and for other purposes. HB 299. By Mr. Cook of the 123rd and others: A Bill to authorize all municipalities in this State having a population of more than 300,000, to sell, exchange or otherwise dispose of any real or personal property comprising parks, playgrounds, golf courses, swimming pools or other like property; and for other purposes. FRIDAY, MARCH 17, 1967 2095 HB 300. By Mr. Cook of the 123th and others: A Bill to amend an Act known as "Authority to require repair, closing or demolition of certain buildings in certain cities (300,000 or more)"; and for other purposes. HB 302. By Mr. Cook of the 123rd and others: A Bill to amend an Act establishing a new charter for the City of Atlanta, relating to street improvement; and for other purposes. HB 374. By Messrs. Smith and Gaynor of the 114th and others: A Bill to amend an Act revising the laws relating to subpoenas and other like processes; and for other purposes. HB 619. By Mr. Poss of the 17th: A Bill to change the method of choosing the members of the Banks County Board of Education; and for other purposes. HB 755. By Messrs. Malone and Smith of the 117th and others: A Bill to amend 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 so as to increase the compensation of the chairman and members of the board of commissioners of roads and revenues; to repeal conflicting laws; and for other purposes. HB 785. 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 other wise promote the orderly growth and development of the county and city; and for other purposes. HB 805. By Messrs. Sims of the 131st, Winkles of the 120th and others: A Bill to amend an Act establishing a new charter for the City of Atlanta, relating to the salaries of the Mayor and Board of Aldermen; and for other purposes. HB 806. By Messrs. McClatchey of the 138th, Cox of the 127th and others: A Bill to amend an Act establishing a new charter for the City of At lanta, relating to the salaries of the members of the Board of education; and for other purposes. 2096 JOURNAL OF THE HOUSE, HB 807. By Mr. Conner of the 91st: A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues of Jeff Davis County, so as to change the provisions relating to the Clerk of the Board of Commissioners; and for other purposes. HB 809. By Mr. Mixon of the 81st: A Bill to amend an Act establishing a new charter for the City of Sy camore, so as to change the corporate limits of said city; and for other purposes. HB 810. By Messrs. Fleming and Maxwell of the 106th, DeLong and Sherman of the 105th and others: A Bill to amend an Act establishing the City Court of Richmond County so as to provide for appointment of a judge and solicitor, so as to pro vide an increase in the salary of the solicitor of said Court; and for other purposes. HB 811. By Messrs. DeLong and Sherman of the 105th and others: A Bill to authorize the board of commissioners of roads and revenue of Richmond County, and the several elected officers of said county to close their offices on Saturdays, to keep their offices open on certain holidays or the transaction of business; and for other purposes. HB 812. By Messrs. Fleming and Maxwell of the 106th and others: A Bill to amend an Act establishing City Court of Richmond; to provide for appointments of a judge and solicitor thereof, so as to change the compensation of the judge of City Court of Richmond; and for other purposes. HB 815. By Messrs. Sweat and Dixon of the 83rd: A Bill to amend Code Section 21-105 of the Code relating to fees paid coroners, so as to change the compensation of coroners in certain counties; and for other purposes. HB 816. By Mr. Colwell of the 5th: A Bill to change the present method, manner and compensation of the sheriff of Union County; and for other purposes. HB 817. By Mr. Wamble of the 90th: A Bill to amend an Act establishing the City Court of Cairo in Grady County, so as to change the name of said court; and for other purposes. FRIDAY, MARCH 17, 1967 2097 HB 818. By Mr. Paris of the 23rd: A Bill to amend an Act placing the sheriff, the clerk of the Superior Court, the ordinary, the tax collector and the tax receiver of Barrow County on an annual salary in lieu of the fee system of compensation, so as to increase the allowance to the sheriff of Barrow County for compensation for a chief deputy and a deputy; and for other purposes. HB 819. By Mr. Simmons of the 9th: A Bill to amend an Act placing the Sheriff of Gilmer County on a salary system in lieu of the fee system, so as to provide for an ex pense allowance for said sheriff; and for other purposes. HB 820. By Mr. Simmons of the 9th: A Bill to amend an Act placing the Sheriff of Pickens County on a salary system in lieu of a fee system, so as to provide for an expense allowance for said sheriff; and for other purposes. HB 822. By Mr. Simmons of the 9th: A Bill to abolish the present mode of compensating the ordinary of Pickens County, known as the fee system, so as to provide in lieu thereof an annual salary; and for other purposes. HB 823. By Mr. Simmons of the 9th: A Bill to abolish the present mode of compensating the ordinary of Gilmer County, known as the fee system, so as to provide in lieu thereof an annual salary; and for other purposes. HB 825. By Mr. Parker of the 55th: A Bill to create and establish a joint Airport Authority for the City of Sylvania and the County of Screven; and for other purposes. HB 827. By Mr. Jordan of the 78th: A Bill to amend an Act increasing the number of commissioners of roads and revenues for the County of Calhoun from 3 to 5, so as to provide for the election of the commissioners by the voters of the entire county; and for other purposes. HB 828. By Mr. Savage of the 58th: A Bill to abolish the present mode of compensating the Clerk of the Superior Court of Schley County, known as the fee system, so as to provide in lieu thereof an annual salary for the Clerk of the Superior Court; and for other purposes. 2098 JOURNAL OF THE HOUSE, HB 830. By Mr. Clarke of the 45th: A Bill to amend an Act placing the ordinary of Butts County upon an annual salary, so as to increase the compensation of the ordinary; and for other purposes. HB 831. By Messrs. Williams, Wood, and Cooper of the 16th and others: A Bill to amend the charter of the City of Lula by authorizing said city to create a bonded debt of 3 per centum in addition to the debt of 7 per centum of the assessed value of all the taxable property in said city; and for other purposes. HB 750. By Mr. Barber of the 24th: A Bill to amend an Act incorporating the Town of Pendergrass, in the City of Jackson, so as to provide for the terms, method and manner of electing the mayor and councilmen, and for other purposes. The Senate has passed as amended by the requisite constitutional majority the following Bills of the House, to-wit: HB 404. By Messrs. Mason and Nash of the 22nd: A Bill to repeal an Act creating a Board of County Commissioners, so as to create a new Board of Commissioners of Roads and Revenues of Gwinnett County; and for other purposes. HB 578. By Messrs. Leggett of the 31st and Northcutt of the 35th: A Bill known as the "Building-Construction Safeguards Act"; to pro vide safeguards for workmen on building construction; to regulate scaffolding, pulleys, hoists, etc.; and for other purposes. HB 780. By Messrs. Mixon of the 81st and Collins of the 88th: A Bill to amend an Act providing for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem tax purposes, so as to authorize the Governor, in his discretion, to extend the time when owners shall be required to return and pay such taxes; and for other purposes. The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House, to-wit: FRIDAY, MARCH 17, 1967 2099 HB 713. By Messrs. Murphy of the 26th, Caldwell of the 51st and others: A Bill to amend an Act establishing the Teachers' Retirement System, so as to provide for the procedure for appointment of such additional member; and for other purposes. The Senate insists upon its position on the following Bill of the House, to-wit: HB 233. By Messrs. Melton of the 34th, Peterson of the 59th, and others: A Bill to amend an Act providing for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes, so as to provide that motor vehicles which are purchased from a manufacturer; and for other purposes. The Senate has agreed to the House amendments to the following Bills of the Senate, to-wit: SB 161. By Senators Hall of the 52nd, Coggin of the 35th and Chapman of the 32nd: A Bill to amend the "Statewide Probation Act" approved February 8, 1956, as amended, so as to change the compensation of the Director of Probation; and for other purposes. SB 169. By Senator Coggin of the 35th: A Bill to amend an Act of the General Assembly approved March 18, 1964, and entitled "Georgia Health Code", Acts 1964, pp. 499-664) ; to repeal conflicting laws; and for other purposes. SB 168. By Senator Johnson of the 42nd: A Bill to amend Code Chapter 67-26 relating to the registration of liens for U. S. Internal Revenue Taxes, so as to conform the provisions of said Code Chapter to the requirements of Section 6323 of the U. S. Internal Revenue Code of 1954, as amended, by Public Law 89-710, known as the Federal Tax Lien Act of 1966; and for other purposes. SB 61. By Senator Ward of the 39th: A Bill to be entitled an Act to amend Code Title 49, so as to provide for the dispensing with the necessity of appointing a guardian for cer tain minors and incompetent persons when the personal property of a minor does not exceed one thousand ($1,000.00) dollars; and for other purposes. 2100 JOURNAL OP THE HOUSE, SB 22. By Senator Johnson of the 38th: A Bill to amend an Act known as "The Fulton County Employees Pension Act" approved March 3, 1939, as amended, so as to change the provisions of said Act relative to the place of election of employee members of the Pension Board; and for other purposes. SB 126. By Senators Johnson of the 38th and Smith of the 34th: A Bill to amend an Act fixing the compensation of commissioners of roads and revenues in counties having a population in excess of 500,000 so as to change the compensation of such commissioners; and for other purposes. SB 113. By Senator Kilpatrick of the 44th: A Bill to be entitled an Act approved March 5, 1962, so as to provide that any judge of the superior courts of the State of Georgia may request any judge emeritus of the superior courts of the State of Georgia to serve and preside in the superior court of the judge making the request; to repeal conflicting laws; and for other purposes. 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: SR 36. By Senator Kidd of the 25th: A Resolution proposing an amendment to the Constitution so as to remove the provision freezing civil service preference for honorably discharged veterans of the State of Georgia as of a certain date; to provide for ratification or rejection; 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 Ballard Barber Barfield Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Caldwell Carries Cato Chandler Clarke Collins, J. P. Collins, M. Colwell Cooper, J. R. Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dillon Dodson Dollar Doster Douglas Edwards Egan Pallin Farmer Farrar Fleming Floyd Gary Gay Gaynor Gignilliat Grahl Grier Hall Hamilton Harrington Harris, J. F. FRIDAY, MARCH 17, 1967 Harris, J. R. Harrison Higginbotham Holder Hood Howell Irvin Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambert Lambros Lane, Dick Lane, W. J. Leggett Lewis Malone Mason Matthews, C. Mauldin Maxwell McCracken Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom 2101 Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Phillips Potts Ragland Rainey Richardson Roach Rowland Rush Russell Savage Shanahan Sherman Shields Simmons Sims Smith, J. R. Smith, V. T. Smith, W. L. Steis Sullivan Thomas Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Tye Vaughn, C. R. Walling Wamble Ward Wells Westlake Williams Wilson, R. W. Winkles Wood Voting in the negative was Mr. W. S. Lee. Those not voting were Messrs.: Alexander Anderson Bennett Bowen Buck Busbee Gates Cheeks Cole Conner Cook Cooper, B. 2102 Cox Crowe, William Dickinson Dixon Dorminy Punk Hadaway Hale Harris, R. W. Henderson Hill Howard Hutchinson Jenkins Johnson, B. Jordan, W. H. Land JOURNAL OF THE HOUSE, Lee, W. J. (Bill) Leonard Levitas Longino Lovell Lowrey Magoon Matthews, D. R. McClatchey McDaniell Miller Moate Oglesby Parrish Peterson Pickard Poss Reaves Ross Scarlett Shuman Smith, C. W. Snow Stalnaker Starnes Sweat Turner Underwood Vaughan, D. N. Ware Whaley Wiggins Wilson, J. M. Mr. Speaker On the adoption of the Resolution, the ayes were 141, nays 1. The Resolution, having received the requisite two-thirds constitutional maj ority, was adopted. SB 110. By Senator Smalley of the 28th: A Bill to be entitled an Act to amend Code Section 88-202, as amended, relating to composition of county boards of health, appointments there to, terms of members, and the methods of filling vacancies in member ship thereof, so as to provide for the filling of vacancies by the presid ing judge of the superior court; 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 129, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 118. By Senator Minish of the 48th: A Bill to be entitled an Act to amend Code Chapter 84-7, relating to the regulation, licensing and practice of dentists and dental hygienists, as amended, so as to provide an additional classification of licenses to be known as "Conditional Licenses" for all holders of Georgia licenses FRIDAY, MARCH 17, 1967 2103 to practice dentistry who do not currently maintain residence and domicile in this State; and for other purposes. Mr. Mason of the 22nd moved that SB 118 be postponed. The motion was lost. Mr. Paris of the 23rd moved that the Bill be tabled. The motion was lost. A substitute to SB 118, offered by Messrs. Carnes of the 129th, Laite of the 109th, Miller of the 108th and Ragland of the 109th, 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. Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Blalock Branch Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Busbee Carnes Cato Chandler Clarke Cole Collins, M. Colwell Conner Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dillon Dixon Dodson Douglas Edwards Fallin Farmer Farrar Fleming Floyd Gay Gaynor Gignilliat Grahl Hadaway Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hill Holder Hood Howard Howell Irvin Jenkins Johnson, A. S. Johnson, B. 2104 Joiner Jones, C. M. Jones, M. Kaylor Kirksey Knapp Lambert Lambros Lee, W. S. Le vitas Lewis Lovell Lowrey Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller JOURNAL OP THE HOUSE, Minge Moate Moore, Don C. Moreland Mullinax Nash Newton Northcutt Odom Oglesby Otwell Palmer Parker, C. A. Phillips Poss Potts Eainey Richardson Roach Rowland Rush Savage Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Starnes Steis Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Wells Westlake Whaley Wiggins Wilson, R. W. Those voting in the negative were Messrs.: Laite Lane, Dick Lane, W. J. Murphy Williams Winkles Wood Those not voting were Messrs.: Adams Alexander Barfield Bennett Bond Bostick Bowen Brantley, H. L. Caldwell Gates Cheeks Collins, J. F. Cook Cooper, B. Cox Dickinson Dollar Dorminy Doster Egan Funk Gary Grier Hale Henderson Higginbotham Hutchinson Jordan, G. Jordan, W. H. Land Lee, W. J. (Bill) Leggett Leonard Longino Magoon Matthews, D. R. Mixon Moore, J. H. Nessmith Nimmer Pafford Paris Parker, H. W. Parrish Peterson Pickard Ragland Reaves Ross Russell Scarlett Shuman Smith, J. R. Snow Stalnaker Sullivan Sweat FRIDAY, MARCH 17, 1967 Thomas Turner Underwood 2105 Ware Wilson, J. M. Mr. Speaker On the passage of the Bill, the ayes were 135, nays 7. The Bill, having received the requisite constitutional majority, was passed. Mr. Henderson of the 102nd stated that he had been called from the floor of the House when the vote was taken on SB 118, but had he been present, would have voted "aye". The following Bill of the House was taken up for the purpose of consider ing the Senate amendment thereto: HB 404. By Messrs. Mason and Nash of the 22nd: A Bill to be entitled an Act to repeal an Act creating a Board of County Commissioners, so as to create a new Board of Commissioners of Roads and Revenues of Gwinnett County; and for other purposes. The following Senate amendment was read: Doctor Minish of 48th amend HB 404 as follows: By striking in their entirety Sections 10 and 11 and substituting in lieu thereof new Sections 10 and 11 to read as follows: "Section 10. The first members of the commission created herein to represent commission districts shall be elected for stag gered terms as provided herein. The first commission members elected to represent commission districts numbers one and three shall be elected at the general election held in 1968 for terms of four years beginning on the first day of January following their election. The first commission members elected to represent com mission districts numbers two and four shall be elected at the general election held in 1968 for initial terms of two years begin ning on the first day of January following their election. There after successors to said commissioners shall be elected at the gen eral election immediately preceding the expiration of their respec tive terms for terms of four years and until their successors are elected and qualified so that two of said commissioners shall be elected at the general election held every two years. 2106 JOURNAL OF THE HOUSE, "Section 11. The first Chairman of the Board of Commission ers of Roads and Revenues created herein shall be elected at the general election held in 1968, and shall serve for a term of four years and until his successor is elected and qualified, beginning on the first day of January following his election. Thereafter, the Chairman shall be elected at the general election immediately preceding the expiration of his term and shall serve for a term of four years and until his successor is elected and qualified." By striking in their entirety Sections 25, 26, 27, 28 and 29 and substituting in lieu thereof new Sections to read as follows: "Section 25. It shall be the duty of the Ordinary of Gwinnett County to issue the call for an election for the purpose of submit ting this Act to the voters of Gwinnett County for approval or rejection. The ordinary shall set the date for such election so that the same shall be held on November 7, 1967. 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 Gwinnett County. The ballot shall have writ ten or printed thereon the words: 'For approval of the Act creating a new Chairman and Board of Commissioners of Roads and Revenues of Gwinnett County. 'Against approval of the Act creating a new Chairman of the Board of Commissioners of Roads and Revenues of Gwinnett County.' All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Gwinnett County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as other wise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secre tary of State. "Section 26. If this Act is approval at the referendum elec tion provided for in Section 25, it shall become of full force and effect, and a new Chairman and Board of Commissioners of Roads and Revenues created by this Act shall be elected as provided in Sections 10 and 11 of this Act. "Section 27. All laws and parts of laws in conflict with this Act are hereby repealed." FRIDAY, MARCH 17, 1967 2107 Mr. Mason of the 22nd moved that the House disagree to the Senate amend ment. The motion prevailed, and the Senate amendment to HB 404 was disagreed to. The Honorable Lester G. Maddox, Governor of Georgia, accompanied by his distinguished Committee of Escort, appeared upon the floor of the House and briefly addressed the members. 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 89. By Senator Wesberry of the 37th: A Bill to be entitled an Act to provide uniform standards for audits of municipalities and counties within the State of Georgia; and for other purposes. The following amendment was read and adopted: The House Committee on State of Republic moves to amend Senate Bill No. 89 by striking the last sentence of Section 1, and adding in lieu thereof the following: "All such audits of municipalities or counties which are per formed by certified public accountants shall be conducted in con formity with generally accepted standards and principles of govern mental accounting and auditing and shall be subject to the stan dards, rules and ethics promulgated by the Georgia Society of Certified Public Accountants, the American institute of Certified Public Accountants, the Municipal Finance Officers Association of the United States and Canada, and the National Committee of Governmental Accounting." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 104, nays 13. The Bill, having received the requisite constitutional majority, was passed, as amended. 2108 JOURNAL OF THE HOUSE, SB 133. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act approved March 23, 1960, as amended, so as to provide that certain veterans, who are admitted or committed to State institutions which come under the management and control of the State Board of Health or the Georgia Department of Public Health, shall not be subject to the 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 131, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 36. By Senator Webb of the llth: A Bill to be entitled an Act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals and their officers and employees; and for other purposes. The following Committee amendment was read and adopted: The Rules Committee moves to amend S. B. No. 36 by renumber ing section 4 as section 5 and by adding a new section 4 to read as follows: "Section 4. If any portion of this Act is held to be unconstitu tional, then said Act shall be void in its entirety." The following amendment was read and adopted: Messrs, Floyd of the 7th, Williams of the 16th and Tucker of the 36th movea to amend S. B. 36 as follows: By striking from the title the following language: "to change the limitation on the amount of Emeritus compensa tion;". By striking Section 2 in its entirety. By renumbering Sections 3 and 4 as Sections 2 and 3, respectively. FRIDAY, MARCH 17, 1967 2109 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. Adams Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Branch Bray Brown, B. D. Brown, C. Buck Carnes Gates Cato Clarke Cole Collins, M. Colwell Cook Cooper, B. Cooper, J. R. Cox Crowe, William Dailey DeLong Dent Dillon Dixon Dodson Dollar Dorminy Doster Edwards Pallin Farmer Farrar Floyd Gaynor Gignilliat Grahl Grier Hadaway Hall Hamilton Harrington Harris, J. R. Harris, R. W. Henderson Higginbotham Hill Holder Hood Howard Howell Irvin Jenkins Johnson, A. S. Joiner Jones, M. Jordan, C. Kaylor Kirksey Knapp Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. S. Leonard Levitas Lewis Lovell Lowrey Malone Mason Matthews, D. R. Mauldin Melton Merritt Minge Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Odom Oglesby Pafford Palmer Paris Parker, C. A. Parker, H. W. Peterson Phillips Poss Potts Ragland Reaves Richardson Roach Rowland Savage Shanahan Sherman Sims Smith, J. R. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble 2110 Ward Westlake Wiggins JOURNAL OF THE HOUSE, Williams Wilson, R. W. Winkles Wood Those voting in the negative were Messrs. Blalock Crowe, AV. J. Gouglas Gary Harris, J. F. Har risen Lee, W. J. (Bill) Maxwell McCracken Northcutt Rush Russell Smith, G. W. Those not voting were Messrs.: Alexander Barfield Bennett Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bushee Caldwell Chandler Cheeks Collins, J. F. Conner Daugherty Davis Dean Dickinson Egan Fleming Funk Gay Hale Hutchinson Johnson, B. Jones, C. M. Jordan, W. H. Laite Leggett Longino Magoon Matthews, C. McClatchey McDaniell Otwell Parrish Pickard Rainey Ross Scarlett Shields Shuman Simmons Snow Sullivan Townsend Turner Ware Wells Whaley Wilson, J. M. Mr. Speaker On the passage of the Bill, as amended, the ayes were 140, nays 13. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 30. By Senator Smalley of the 28th: A Bill to be entitled an Act to create the Trial Judges and Solicitors Retirement Fund; and for other purposes. Mr. Murphy of the 26th moved that SB 30 be tabled. FRIDAY, MARCH 17, 1967 On the motion to table, the ayes were 88, nays 41. 2111 The motion prevailed, and SB 30 was placed on the table. The following message was received from the Senate through Mr. McWhorter 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 410. By Mr. Conner of the 91st: A Bill to amend the Georgia Administrative Procedure Act, so as to exempt from the provisions of said Act the Comptroller-General's of fice and all departments thereunder; and for other purposes. HB 783. By Messrs. Murphy of the 26th, Caldwell of the 51st and Irvin of the llth: A Bill to amend an Act known as the "State Penal Aid Rehabilitation Authority Act", so as to provide for a maximum bond limitation not to exceed twenty-five million dollars; and for other purposes. The Senate has passed by the requisite constitutional majority the follow ing Bills of the House, to-wit: HB 176. By Mr. Westlake of the 119th: A Bill to amend Code Section 56-310, relating to the deposit required for foreign and alien insurers, so as to authorize the Commissioner to require additional deposits; and for other purposes. HB 199. By Messrs. Harris of the 118th, Barber of the 24th, Hale of the 1st and Steis of the 100th: A Bill to define dual control driver education motor vehicles; and for other purposes. HB 562. By Mr. Murphy of the 26th: A Bill to repeal Code Section 88-404 creating a Committee to be known as the "Advisory Committee on Alcoholism" and providing for the appointment and functions of said Committee; and for other purposes. 2112 JOURNAL OP THE HOUSE, HB 767. By Messrs. Ware of the 42nd, Steis of the 100th, Irvin of the llth and others: A Bill to create the Georgia Commission for the Development of the Chattahoochee River Basin; and for other purposes. HB 792. By Mr. Steis of the 100th: A Bill to amend an Act creating the Georgia Art Commission, so as to increase the membership; and for other purposes. HB 793. By Messrs. Edwards of the 57th, Thomas of the 77th and Pafford of the 97th: A Bill to amend an Act creating the Georgia State Board of Funeral Service, approved February 13, 1950, as amended, so as to authorize a majority of the members of the board to remove any member who misses two consecutive regular or called meetings, except for certain reasons; and for other purposes. HB 832. By Messrs. Sweat and Dixon of the 83rd and others: A Bill to amend an Act known as the "Georgia Administrative Proce dure Act", so as to authorize the Secretary of State to make available the official compilation, Rules and Regulations of the State of Georgia, without charge to certain state and county officials; and for other purposes. The Senate has adopted by the requisite constitutional majority the follow ing resolution of the House, to-wit: HR 86-209. By Messrs, Harris and Scarlett of the 85th and others: A resolution creating an interim committee to study the problems, laws and procedures relating to strip mining operations and the mining in dustry; and for other purposes. HR 180-555. By Messrs. Rainey of the 29th, Leggett of the 21st and Mullinax of the 42nd: A resolution confirming rules and regulations promulgated by the State Game and Fish Commission pursuant to the "Georgia Motorboat Numbering Act"; and for other purposes. HR 260-795. By Mr. Russell of the 92nd: A resolution authorizing the granting of an easement affecting certain real estate located in Thomasville, Thomas County, Georgia; and for other purposes. FRIDAY, MARCH 17, 1967 2113 HR 261-797. By Messrs. Irvin of the llth and Murphy of the 26th: A resolution authorizing the Governor to convey to the City of Clarkesville, certain property in Habersham County operated as a part of the North Georgia Technical and Vocational School; and for other pur poses. HR 262-797. By Messrs. Irvin of the llth and Murphy of the 26th: A resolution authorizing the conveyance of certain real property located in Habersham County; and for other purposes. The Senate has agreed to the House amendment to the Senate amendment to the following Bill of the House: HB 790. By Messrs. Maxwell of the 106th, Dent and Cheeks of the 104th, and others: A Bill 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 of said officers and their em ployees; and for other purposes. The Senate has agreed to the House substitute on the following Bill of the Senate: SB 42. By Senator Miller of the 43rd: A Bill to provide for compensation to persons who sustain personal injury or are killed in attempting to prevent the commission of crimes or to apprehend a suspected criminal, or in aiding or attempting to aid a police officer so to do; and for other purposes. The Senate has agreed to the House amendment to the following resolution of the Senate: SR 79. By Senators Spinks of the 9th, Cox of the 21st, Rowan of the 8th and others: A resolution naming the Jefferson Davis Memorial Highway; and for other purposes. The Senate has agreed to the House amendment to the following Bill of the Senate: 2114 JOURNAL OF THE HOUSE, SB 148. By Senators Johnson of the 42nd and Bateman of the 27th: A Bill relating to persons exempt from jury duty, as amended, so as to provide persons exempt from jury duty; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House amendment to the following Bill of the Senate: SB 1. By Senators Wesberry of the 37th, Rowan of the 8th, Adams of the 26th and others: A Bill providing 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. The following Bill of the House was taken up for the purpose of consider ing the Senate's insistence in amending the same: HB 233. By Messrs. Melton of the 34th, Peterson of the 59th, Tucker of the 36th and others: A Bill to be entitled an Act to amend an Act providing for the class ification of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes; and for other purposes. Mr. Melton moved that the House insist on its position in disagreeing to the Senate amendment. The motion prevailed, and the House disagreed to the Senate amendment. The Speaker appointed as a Committee of Conference on HB 233 on the part of the House the following members: Messrs. Nimmer of the 84th, Smith of the 44th and Tucker of the 36th. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has adopted as amended by the requisite constitutional majority the following resolutions of the House, to-wit: FRIDAY, MARCH 17, 1967 2115 HR 23-56. By Mr. Williams of the 16th: A resolution compensating Mr. Hoyt S. Sosebee and for other purposes. HR 32-83. By Messrs. Richardson and Battle of the 116th and others: A resolution compensating Mrs. Elizabeth Stephens; and for other purposes. HR 69-153. By Mr. Harris of the 118th: A resolution compensating Mr. Robert Wakefield; and for other pur poses. HR 48-132. By Mr. Irvin of the llth: A resolution to compensate Herman Edward Dykes; and for other purposes. The Senate insists upon its position to the following Bill of the House: HB 777. By Messrs. Murphy of the 26th, Irvin of the llth and others: A Bill to provide for grants to counties of this state to be used for any public purposes; and for other purposes. The Senate has adopted as amended by the requisite constitutional majority the following resolution of the House, to-wit: HR 228. By Mr. Lee of the 35th: A resolution creating a committee to study the Georgia Workmen's Compensation laws; and for other purposes. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 116. By Messrs. Brantley of the 63rd, Nessmith of the 64th, Johnson of the 40th and others: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the participation by the State government and and local governments in the cost of the minimum foundation program; and for other purposes. 2116 JOURNAL OF THE HOUSE, The following Senate substitute was read: A BILL To be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, so as to change the provisions re lating to the participation by the State Government in the cost of the minimum foundation program; 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 "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, is hereby amended by striking from Section 22 (B) (2) the following: ", provided, however, that the share of the estimated cost of the State-wide minimum foundation program to be paid by local funds shall thereafter be increased at the beginning of each sub sequent fiscal school year by one percentage point per year for four years, so that commencing with the 1969-70 fiscal school year the State-wide cost of the minimum foundation program shall be shared on the basis of eighty percent (80%) State funds and twenty percent (20%) local funds.", and inserting in lieu thereof the following: ", provided, however, that the share of the estimated cost of the State-wide minimum foundation program to be paid by local funds shall thereafter be increased at the beginning of each subquent fiscal school year by one percentage point per year for two years, so that commecing with the 1967-68 fiscal school year the State-wide cost of the minimum foundation program shall be shared on the basis of eighty-two percent (82%) State funds and eighteen percent (18%) local funds.", so that when so amended Section 22 (B) (2) shall read as follows: "(2) The State Board of Education shall determine the por tion of the estimated cost of the State-wide minimum foundation program to be paid by local funds by multiplying the estimated cost of the State-wide minimum foundation program for the school year by the percentage share of the cost of such State-wide pro gram to be paid by local funds on a State-wide basis, provided, however, that the share of the estimated cost of the State-wide minimum foundation program to be paid by local funds shall thereafter be increased at the beginning of each subsequent fiscal school year by one percentage point per year for two years, so that commencing with the 1967-68 fiscal school year the State wide cost of the minimum foundation program shall be shared on FRIDAY, MARCH 17, 1967 2117 the basis of eighty-two percent (82%) State funds and eighteen percent (18%) local funds." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Mr. Irvin of the llth moved that the House reconsider its action in disagree ing with the Senate substitute. The motion prevailed. The following House amendment to the Senate substitute was read: Messrs. Wood of the 16th, Peterson of the 59th and many others move to amend the Senate substitute to HB 116 as follows: By striking the period at the end of the second and third quoted paragraph of Section 1 and adding thereto the following: "and shall thereafter be increased at the beginning of each fiscal school year by one half of one percentage point at the beginning of that fiscal school year and each subsequent fiscal school year so that com mencing with the 1972-73 fiscal school year the statewide cost of the minimum foundation program shall be shared on the basis of 80% state funds and 20% local funds." On the adoption of the amendment to the Senate substitute, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams Alexander Barber Battle Berry, C. E. Blalock Bond Bostick Brantley, H. H. Brown, B. D. Buck Busbee Carnes Chandler Cole Cook Cooper, J. R. Cox Crowe, W. J. Daugherty Davis DeLong Dent Dillon Dodson Egan Farmer Farrar Fleming Gary Gaynor Grahl Grier Hamilton Harrington Harris, J. R. Harris, R. W. Higginbotham Hood Howard Howell Hutchinson 2118 JOURNAL OF THE HOUSE, Jenkins Johnson, A. S. Jones, C. M. Jones, M. Knapp Laite Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Malone Matthews, C. Maxwell McClatchey McCracken Merritt Miller Moate Moore, Don C. Moore, J. H. Mullinax Nash Northcutt Palmer Paris Parker, H. W. Peterson Phillips Potts Ragland Ross Scarlett Sherman Shields Sims Smith, G. W. Smith, V. T. Stalnaker Starnes Thompson, A. W. Thompson, R. Threadg-ill Townsend Turner Vaughan, D. N. Vaughn, C. R. Walling Ward Westlake Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood Those voting in the negative were Messrs.: Anderson Ballard Barfield Black Bo wen Branch Brantley, H. L. Bray Brown, C. Cato Clarke Collins, J. P. Collins, M. Colwell Conner Cooper, B. Crowe, William Dailey Dean Dixon Dollar Dorminy Doster Douglas Edwards Fallin Floyd Gay Gignilliat Hadaway Hale Hall Harris, J. F. Henderson Hill Holder Irvin Johnson, B. Joiner Kaylor Kirksey Land Leggett Lewis Lovell Lowrey Matthews, D. R. Mauldin McDaniell Melton Minge Mixon Nessmith Newton Nimmer Pafford Parker, C. A. Parrish Rainey Reaves Richardson Roach Rowland Russell Savage Shanahan Smith, J. R. Smith, W. L. Snow Steis Sullivan Sweat Thomas Tucker Tye Underwood Wamble Wells Those not voting were Messrs.: Bennett Berry, J. K. Caldwell Gates Cheeks Dickinson Funk Harrison Jordan, G. Jordan, W. H. Magoon Mason Moreland FRIDAY, MARCH 17, 1967 2119 Murphy Odom Oglesby Otwell Pickard Poss Rush Shuman Simmons Ware Whaley Mr. Speaker On the adoption of the amendment to the Senate substitute, the ayes were 102, nays 78. The amendment to the Senate substitute was adopted. Mr. Irvin of the llth moved that the House agree to the Senate substitute, as amended by the House. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams Alexander Anderson Ballard Barber Barfield Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Chandler Clarke Cole Collins, J. F. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Davis Dean, DeLong Dent Dillon Dodson Dorminy Doster Douglas Egan Fallin Farrar Fleming Floyd Gary Gay Gaynor Gignilliat Grahl Grier Hadaway Hale Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Irvin Jenkins Johnson, A. S. Jones, C. M. Jones, M. Jordan, G. Kaylor Knapp Laite 2120 JOURNAL OP THE HOUSE, Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Le vitas Lewis Longino Lowrey Malo-ne Mason Matthews, C. Matthews, D. R. Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Ragland Rainey Reaves Richardson Ross Rush Savage Scarlett Shanahan Sherman Shields Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Steis Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Tucker Turner Tye Vaughan, D. N. Vaughn, C. R. Walling Ward Westlake Wiggins Williams Wilson, R. W. Winkles Wood Those voting in the negative were Messrs. Bo wen Cato Dollar Edwards Farmer Hall Joiner Kirksey Land Lee, W. S. Lovell Minge Rowland Russell Starnes Wamble Wilson, J. M. Those not voting were Messrs.: Bennett Gates Cheeks Collins, M. Daugherty Dickinson Dixon Funk Johnson, B. Jordan, W. H. Magoon Mauldin Moreland Odom Oglesby Otwell Pickard Roach On the motion, the ayes were 162, nays 17. Shuman Simmons Townsend Underwood Ware Wells Whaley Mr. Speaker FRIDAY, MARCH 17, 1967 2121 The Senate substitute to HB 116, as amended by the House, was agreed to. The following Bill of the House was taken up for the purpose of consider ing the Senate's insistence in amending the same: HB 777. By Messrs. Murphy of the 26th, Irvin of the llth and others: A Bill to be entitled an Act to provide for grants to counties of this state to be used for any public purposes; and for other purposes. Mr. Murphy of the 26th moved that the House insist on its position in dis agreeing with the Senate amendment. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Messrs. Murphy of the 26th, Longino of the 122nd and Nessmith of the 64th. The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto: HR 23-56. By Mr. Williams of the 16th: A Resolution compensating Mr. Hoyt S. Sosebee; and for other pur poses. The following Senate amendment was read: Committee on Appropriation moves to amend HR 23 as follows: By striking therefrom the following: "NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway Department is hereby authorized and directed to pay the sum of $723.20 to Mr. Hoyt S. Sosebee as compensation as provided above.", and inserting in lieu thereof the following: 2122 JOURNAL OP THE HOUSE, "NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway Department is hereby authorized and directed to pay the sum of $500.00 to Mr. Hoyt S. Sosebee as compensation as provided above." Mr. Williams of the 16th moved that the House disagree with the Senate amendment The motion prevailed, and the Senate amendment to HR 23-56 was disagreed to. The Speaker of the House of Representatives, the Honorable George L. Smith of the 54th, addressed the House as follows: Georgia House of Representatives Friday, March 17, 1967 Geo. L. Smith II, Speaker Ladies and Gentlemen of the House: We come today to the close of another session of the General As sembly of Georgia. And, as you prepare to return to your homes and await the reviews of what you have accomplished, I want to congratulate you on a job well done in the public interest. The members of this House have worked long and hard daily since we convened more than two months ago on January 9. On many days you remained at your desks through the lunch hour to debate and dis pose of vital legislation. You have not grumbled over remaining here late in the day to get the job done for your people. The House has shown its independence on more than one occasion - - - a significant development for the welfare of our state. A con tinuation of that independence will bear fruit in the years to come. We have had our difference at times as does any legislative body but never in my memory has there been such harmony, along with constructive action, in this House which I love. The knock-down and drag-out fights of old on the House floor were missing. Even on the hottest issues, you members conducted yourselves with dignity and restraint. Time and again I noted how tempers which flared for a few moments would cool off within as many moments after votes were taken. That's the way it should be. FRIDAY, MARCH 17, 1967 2123 You buckled down on the opening day and moved with dignity and dispatch in taking up the issues confronting us. Appropriations, reapportionment, time and the decision for further study of the state-owned railroad lease were only a few of the issues considered in an orderly and deliberate manner. As the man you honored with selection as your speaker, I want to thank each of you from my heart for the consideration and cooperation you have shown me. After we tie together a few loose ends before sine die adjournment, I know that each member can return home with his or her head held high. I thank you all. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has receded from its position on the following Bill of the House, to-wit: HB 233. By Messrs. Melton of the 34th, Peterson of the 59th, Tucker of the 36th, Games of the 129th, and Bostick of the 93rd: A Bill to amend an Act providing for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes, so as to provide that motor vehicles which are pur chased from a manufacturer, for the purposes of said Act, shall not be deemed to be owned until the motor vehicle is delivered to the pur chaser; and for other purposes. The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House, to-wit: HB 613. By Mr. Carnes of the 129th: A Bill to be entitled an Act to provide that it shall be unlawful for minors to purchase or possess any alcoholic, spirituous malt or in toxicating liquors or beverages; and for other purposes. The Senate has adopted by substitute by the requisite constitutional majority the following resolution of the House, to-wit: 2124 JOURNAL OF THE HOUSE, HR 120-296. By Mr. Murphy of the 26th: 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, relating to Federal grants; and for other purposes. As requested by the House of Representatives, I am returning to you S. B. 71 for the purpose of correcting an amendment. Mr. Moore of the 20th asked unanimous consent that the House reconsider its action in passing the following Bill of the Senate: SB 71. By Senator Moore of the 31st: A Bill to be entitled an Act to change the terms of office of the initial members of the Board of Education of the Polk School District from certain areas, and for other purposes. The consent was granted and the House reconsidered its action in passing SB 71. Under the general order of business established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration: SB 71. By Senator Moore of the 31st: A Bill to be entitled an Act to change the terms of office of the initial members of the Board of Education of the Polk School District from certain areas, and for other purposes. The following amendment was read and adopted: Messrs. Moore and Dean of the 20th move to amend SB 71 by striking the second sentence in Section 2 and inserting in lieu thereof: "The Ordinary shall set the date of such election to concur with the date of the General Election in the year 1968." The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 112, nays 0. FRIDAY, MARCH 17, 1967 2125 The Bill, having received the requisite constitutional majority, was passed, as amended. The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto: HR 32-83. By Messrs. Richardson and Battle of the 116th and others: A Resolution compensating Mrs. Elizabeth Stephens, and for other purposes. The following Senate amendment was read: The Senate Appropriations Committee moves to amend HR 32 as follows: By striking therefrom the following: "NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway Department of the State of Georgia is hereby authorized and directed to pay to Mrs. Elizabeth Stephens the sum of $1,500.00 as compensation for the dam ages as set out above.", and inserting in lieu thereof the following: "NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway Department of the State of Georgia is hereby authorized and directed to pay to Mrs. Elizabeth Stephens the sum of $500.00 as compensation for the damages as set out above." Mr. Richardson of the 116th moved that the House disagree to the Senate amendment. The motion prevailed and the House disagreed to the Senate amendment to HR 32-83. Mr. Busbee of the 79th asked unanimous consent that all Bills and Resolu tions remaining on the General Calendar after today's proceedings be recommit ted to the Committees to which they were originally committed. 2126 JOURNAL OF THE HOUSE, The consent was granted and the following Bills and Resolutions of the House and Senate were recommitted to their original committees: HB 22. HB 36. HB 44. HB 85. HB 86. HB 94. HB 110. HB 118. HB 119. HB 121. HB 130. HB 137. HB 139. HB 146. HB 173. HB 180. HB 217. HB 240. HB 259. HB 276. HB 277. HB 293. HB 325. HB 353. HB 354. HB 367. HB 400. HB 401. HB 408. HB 424. HB 432. HB 453. HB 492. FRIDAY, MARCH 17, 1967 2127 HB 509. HB 512. HB 519. HB 520. HB 534. HB 557. HB 624. HB 633. HB 646. HB 652. HB 687. HB 697. HB 747. HB 756. HB 757. HB 775. HB 786. HB 797. HB 803. HB 826. HR 43-131. HR 51-134. HR 66-153. HR 93-219. HR 109-252. HR 110-252. HR 111-257. HR 142-403. HR 156-453. HR 184-556. HR 216-712. HR 219-739. HR 263-801. SB 17. 2128 SB 31. SB 74. SB 91. SB 100. SB 109. SB 154. SB 189. SR 25. SR 110. JOURNAL OF THE HOUSE, The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the follow ing resolutions of the House, to-wit: HR 64-141. By Mr. Grahl of the 52nd: A resolution compensating Mr. Berry Yaughn; and for other purposes. HR 65-141. By Mr. Grahl of the 52nd: A resolution compensating Mrs. Ethel Roberts (Berry) Yaughn; and for other purposes. HR 80-209. By Mr. Leggett of the 21st: A resolution compensating Mr. Phillip T. Glover and his father, Mr. M. T. Glover; and for other purposes. HR 72-209. By Mr. Underwood of the 61st: A resolution compensating Miss Kathleen A. Conner and Mrs. Mattie C. Finch; and for other purposes. HR 107-252. By Mr. Williams of the 16th: A resolution compensating Ernest Dyer; and for other purposes. The Senate has passed by the requisite constitutional majority the follow ing Bills of the House, to-wit: FRIDAY, MARCH 17, 1967 2129 HB 43. By Messrs. Westlake and Higginbotham of the 119th, and Smith of the 117th: A Bill to amend Code Chapter 27-2 relating to arrests, so as to pro vide for immunity from criminal liability for any person who shall render assistance to any law enforcement officer who is being hindered or whose life is being endangered; and for other purposes. HB 518. By Messrs. Jenkins, Westlake and Higginbotham. of the 119th and others: A Bill to provide for one additional judge of the Superior Courts of the Stone Mountain Judicial Circuit, so as to increase the number of judges in said Circuit to five and for other purposes. The following Bill of the House was taken for the purpose of considering the report of the Committee of Conference thereon: HB 777. By Messrs. Murphy of the 26th, Irvin of the llth and others: A Bill to be entitled an Act to provide for grants to counties of this State, and for other purposes. The following report of the Committee of Conference was read: Conference Committee moves that the Senate recede from its amendment; that Section 2 of HB 777 be stricken in its entirety and that a new Section 2 be enacted to read as follows: "Section 2. To the extent funds are made available by the budget auth orities pursuant to the General Appropriations Act of 1967, or to the extent funds are made available by any future laws, for the purposes set out in Section 1 hereof, except for the grants to coun ties which are appropriated as a part of the Highway Department appropriation designated as follows 'for grants to counties for aid in county road construction and maintenance'; and the State Trea surer is hereby authorized and directed to grant such funds to the counties of this State in the same proportion which the total public road mileage of each county bears to the total public road mileage in the State as such mileage information is furnished by the State Highway Department. The computation of individual county grants, as provided for herein, shall be prepared and certified by the State Treasurer, who shall make such payments." For the House of Representatives /s/ Thomas Murphy /s/ Young H. Longino /s/ Paul E. Nessmith For the Senate /s/ Robert H. Smalley, Jr. /s/ Hugh L, Gillis /s/ Robert E. Andrews 2130 JOURNAL OF THE HOUSE, Mr. Murphy of the 26th 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 Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Bostick Bo wen Branch Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Chandler Clarke Cole Colwell Cook Cooper, B. Cooper, J. R. Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dillon Dixon Dodson Dorminy Doster Edwards Fallin Farmer Farrar Fleming Gay Gaynor Gignilliat Grahl Had away Hale Hall Hamilton Harrington Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howell Hutchinson Irvin Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, G. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lee, W. J. (Bill) Leggett Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Mauldin Maxwell McCracken Melton Miller Mixon Moate Moore, J. H. Moreland Mullinax Murphy Nash Newton Nimmer Northcutt Oglesby Otwell Pafford Palmer Paris Parker, H. W. Parrish Peterson Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Sims Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thomas Thompson, R. Threadgill Turner Tye Underwood Vaughan, D. N. FRIDAY, MARCH 17, 1967 Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake 2131 Whaley Wiggins Williams Wilson, R. W. Wood Those voting in the negative were Messrs. Egan Jones, M. Lee, W. S. Le vitas McDaniell Town send Winkles Those not voting were Messrs.: Alexander Blalock Bond Brantley, H. L. Gates Cato Cheeks Collins, J. F. Collins, M. Conner Cox Crowe, W. J. Dickinson Dollar Douglas Floyd Funk Gary Grier Harris, J. F. Harris, J. R. Howard Jordan, W. H. Lane, Dick Lane, W. J. Leonard Magoon Matthews, D. R. McClatchey Minge Moore, Don C. Nessmith Odom Parker, C. A. Phillips Pickard Shuman Simmons Smith, G. W. Thompson, A. W. Tucker Wilson, J. M. Mr. Speaker On the motion to adopt, the ayes were 155, nays 7. The report of the Committee of Conference on HB 777 was adopted. Mr. Tucker of the 36th asked that he be recorded as having voted "aye", his switch having malfunctioned. The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto: HB 464. By Messrs. Mason and Nash of the 22nd: A Bill to be entitled an Act to authorize certain counties to establish a law library, and for other purposes. 2132 JOURNAL OF THE HOUSE, The following Senate amendment was read: Senate Judiciary Committee moves to amend HB 464 as follows: By striking from Section 1 thereof the figures "42,200" and insert ing in lieu thereof the figures "43,500" and by striking from Section 1 thereof the figures "42,250" and inserting in lieu thereof the figures "43,600", so that when so amended Section 1 thereof will read as follows: "There is hereby created in each county in Georgia having a population of not less than 43,500 and not more than 43,600, ac cording to the United States official census for 1960 or any future such census, and in which there is a judicial circuit located wholely within any such county, a board to be known as the Board of Trustees of the County Law Library, and hereinafter referred to as the Board. Said Board shall consist of the senior judge of the Superior Court of the judicial circuit of said county, the ordinary, the judge of the civil and criminal court, if any, and two practicing attorneys residing in said county to be selected by the County Bar Association of said county. Such Board shall serve for a term of one year and until their successors are selected and qualified. Said Board and Trustees shall serve without pay and the senior judge of the superior court in time of service shall be chairman of the Board and a majority of the members of said Board shall con stitute a quorum for the purpose of transacting all business that may come before them." Mr. Mason of the 22nd moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 103, nays 0. The Senate amendment to HB 464 was agreed to. HB 164. By Messrs. Adams of the 125th, Irvin of the llth, and others: A Bill to be entitled an Act to amend an Act so as to authorize the purchase of motor vehicles by the State Revenue Commissioner, and for other purposes. The following Senate amendment was read: The Senate Committee on Public Utilities and Transportation moves to amend HB 164 as follows: By inserting in the title, immediately before the phrase "to repeal conflicting laws;" the following: FRIDAY, MARCH 17, 1967 2133 "to provide for a limitation on the purchase of such motor vehicles;" By inserting at the end of the quoted language in Section 1, the following sentence: "Provided, however, the Revenue Commissioner shall not be authorized to purchase more than 15 such motor vehicles.' Mr. Adams of the 125th moved that the House agree to the Senate amend ment. On the motion to agree, the ayes were 114, nays 0. The Senate amendment to HB 164 was agreed to. HB 617. By Messrs. Shanahan of the 8th, Moore of the 20th, and others: A Bill to be entitled an Act to amend Code Section 56-2430 so as to provide that certain types of insurance shall not be terminated except for stated reasons, and for other purposes. The following Senate substitute was read: A BILL To be entitled an Act to provide procedures relative to the cancella tion of certain insurance policies; to provide for definitions; to provide that no notice of cancellation of certain policies of automobile liability and physical damage insurance shall be mailed or delivered except for specified reasons; to provide exceptions; to provide for time limitations; to provide for advance notice of intention not to renew certain policies; to provide for proof of notice; to provide for notification relative to the Georgia Automobile Assigned Risk Plan; to provide for specification in writing of the reason or reasons for certain cancellation; to provide for non-liability; to provide for other matters relative thereto; to re peal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 Code Section 56-2430, relating to the cancellation of insurance policies, is hereby amended by adding after the word "Cancellation" as it appears at the beginning of said section to figure (1) and by adding at the end of said section the following: 2134 JOURNAL OF THE HOUSE, "(2) As used in this Act: (A) 'Renewal' means issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy pre viously issued and delivered by the same insurer, and providing no less than the coverage contained in the superseded policy; or issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period of term, provided, however, that any policy with a policy period or term of less than six months shall, for the purpose of this Act, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premium shall be a cancellation subject to this Act. (B) 'Policy of Automobile Liability Insurance' means a policy insuring a natural person as named insured, or one or more related individuals resident of the same household, and under which the insured vehicles therein designated are of the following types only: (a) A motor vehicle of the private passenger, station wagon or jeep type that is not used as a public or livery conveyance for passengers, nor rented to others, or (b) Any other four-wheel motor vehicle with a load capacity of 1500 pounds or less which is not used in the occupation or pro fessional business of the insured; provided, however, that this Act shall not apply: (1) to policies of automoblie liability insurance issued under an automobile assigned risk plan, nor (2) to any policy insuring an automobile which is one of more than four in sured under a single policy, nor (3) to any policy covering garage, automobile sales agency, repair shop, service station or public parking place operation hazards, and, provided further, that the Act shall apply only to that portion of an automobile liability policy insuring against bodily injury and property damage liability and to the provisions therein, if any relating to medical payments, physical damage and uninsured motorists coverage. (3) (A) Ex cept as provided in subparagraph (B) of this subsection, no notice of cancellation of a policy of automobile liability or motor vehicle liability insurance delivered or issued for delivery in this state and insuring a private passenger automobile shall be mailed or delivered by an insurer except for one or more of the reasons specified in subparagraph (C) of this subsection. (B) This subsection shall not apply to any policy which has been in effect less than 60 days at the time notice is mailed or delivered by the insurer unless it is a renewal of a policy. (C) No notice of cancellation of a policy to which this Act is applicable shall be effective unless it is based on one or more of the following reasons: (a) The named insured failed to discharge when due any of his obligations in connection with the payment of premiums on such FRIDAY, MARCH 17, 1967 2135 policy or any installment thereof, whether payable directly to the insurer or indirectly under any premium finance plan or extension of credit; or (b) the insurance was obtained through a material misrepre sentation; or (c) any insured violated any of the terms and conditions of the policy; or (d) the named insured failed to disclose fully, if called for in the application, his record for the preceding 36 months of motor vehicle accidents and moving- traffic violations, or (e) the named insured failed to disclose in his written appli cation or in response to inquiry by his broker or by the insurer or its agent information necessary for the acceptance or proper rating of the risk; or (f) insured made a false or fraudulent claim or knowingly aided or abetted another in the presentation of such a claim; or (g) the named insured or any other operator, either resident in the same household or who customarily operates an automobile insured under such policy: 1. has, within the 36 months prior to the notice of cancellation, had his driver's license under suspension or revocation; or 2. is or becomes subject to epilepsy or heart attacks, and such individual does not produce a certificate from a physician testifying to his unqualified ability to operate a motor vehicle; or 3. has an accident record, conviction record (criminal or traf fic) physical, mental, or other condition which is such that his operation of an automoblie might endanger the public safety; or 4. has within a three year period prior to the notice of can cellation been addicted to the use of narcotics or other drugs; or 5. uses alcoholic beverages to excess; or 6. has been convicted, or forfeited bail, during the 36 months immediately preceding the notice of cancellation; for: a. any felony; or b. criminal negligence resulting in death, homicide, or assault arising out of the operation of a motor vehicle; or c. operating a motor vehicle while in an intoxicated condition or while under the influence of drugs; or 2136 JOURNAL OF THE HOUSE, d. being intoxicated while in, or about an automobile, or while having custody of an automobile; or e. leaving the scene of an accident without stopping to report; or f. theft or unlawful taking of a motor vehicle; or g. making false statements in an application for a driver's license; or 7. has been convicted of, or forfeited bail for, three or more violations within the 36 months immediately preceding the notice of cancellation of any law, ordinance, or regulation limiting the speed of motor vehicles, or any of the provisions of the motor vehicle laws of any state, violation of which constitutes a mis demeanor, whether or not the violations were repetitions of the same offense or different offenses. 8. The insured automobile is: a. so mechanically defective that its operation might endanger public safety; or b. used in carrying passengers for hire or compensation, pro vided however that the use of an automobile for a car pool shall not be considered use of an automobile for hire or compensation; or c. used in the transportation of flammables or explosives; or d. an authorized emergency vehicle; or e. changed in shape or condition during the policy period so as to substantially increase the risk. (D) Nothing in this subsection shall apply to failure of an insurer to renew. (4) No notice of cancellation of a policy to which Subsection 2 applies shall be effective unless mailed or delivered by the in surer to the named insured at least 20 days prior to the effective date of cancellation, provided, however, that where cancellation is for failure of the named insured to discharge when due any of his obligations in connection with the payment of premiums for the policy, or any installment thereof, whether payable directly to the insurer or indirectly under any premium finance plan or extension of credit, at least 10 days' notice of cancellation accom panied by the reason shall be given. Unless the reason or reasons accompany or are included in the notice of cancellation, the notice of cancellation shall state or be accompanied by a statement that upon written request of the named insured, mailed or delivered not less than 15 days prior to the effective date of cancellation, the insurer will specify the reason or reasons for such cancellation. FRIDAY, MARCH 17, 1967 2137 Nothing in this section shall apply to failure of an insurer to renew. (5) No insurer shall fail to renew an automobile liability in surance policy unless it shall mail or deliver to the named insured, at the address shown in the policy, at least 20 days' advance notice of its intention not to renew. This section shall not apply: (a) If the insurer has manifested its willingness to renew by delivering a renewal policy, renewal certificate or other evidence of renewal to the named insured or his representative or by offering to issue a renewal policy, certificate or other evidence of renewal, or has manifested such intention by any other means; nor (b) Where the named insured has failed to discharge when due any of his obligations in connection with the payment of premiums for the policy, or the renewal thereof, or any installment payments therefor, whether payable directly to the insurer or in directly under any premium finance plan or extension of credit; porvided that, notwithstanding the failure of an insurer to comply with this section, the policy shall terminate on the effective date of any other automobile liability policy procured by the insured, with respect to any automobile designated in both policies. Renewal or continuation of a policy shall not constitute a waiver or estoppel with respect to grounds for cancellation which existed before the effective date of such renewal or continuance. (6) Mailing of notice of cancellation, or of intention not to renew or not to continue the policy, or mailing of reasons for cancellation, to the named insured at the address shown in the policy, shall be sufficient proof of notice. (7) When a policy is cancelled, other than for nonpayment of premium, or in the event of a failure to renew or continue a policy to which Subsection 4 applies, the insurer shall notify the named insured of his possible eligibility for insurance through the Georgia Automobile Assigned Risk Plan. Such notice shall accom pany or be included in the notice of cancellation or the notice of intent not to renew, or not to continue the policy, and shall state that such notice of availability of the Georgia Automobile Assigned Risk Plan is given pursuant to this Act. (8) Unless the reason or reasons for cancellation accompany or are included in the notice of cancellation, upon written request of the named insured mailed or delivered not less than 15 days prior to the effective date of cancellation, the insurer shall specify in writing the reason or reasons for such cancellation. Such reasons shall be mailed or delivered to the named insured within 5 days after receipt of such request. This section shall apply only to a cancellation to which Subsection 2 applies. 2138 JOURNAL OF THE HOUSE, (9) There shall be no liability on the part of and no cause of action of any nature shall arise against any insurer, its authorized representative, its agents, its employees, or any firm, person or corporation furnishing to the insurer information as to reasons for cancellation or nonrenewal, for any statement made by any of them in any written notice of cancellation, for the providing of information pertaining thereto." SECTION 2 All laws and parts of laws in conflict with this Act are hereby repealed. Mr. Shanahan of the 8th moved that the House agree to the Senate sub stitute. On the motion to agree, the ayes were 108, nays 0. The Senate substitute to HB 617 was agreed to. HB 41. By Messrs. Moore of the 20th, Barber of the 24th, and Irvin of the llth: A Bill to be entitled an Act to declare teaching a profession, and for other purposes. The following Senate substitute and Senate amendment thereto were read: A BILL To be entitled an Act to declare teaching a profession with all the rights, responsibilities and privileges accorded other legally recognized professions; to create a professional practices commission; to provide for the membership of such commission and the method of selection; to provide for the adoption of codes or standards of ethics; to provide sanctions for the violation of such standards; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. It is the intent and purpose of the General Assembly that the practice of teaching in the tax-supported public school and university systems and their related services, including administrative and supervisory services, shall be designated as professional services. Teaching is hereby declared to be a profession in Georgia, with all the similar rights, responsibilities and privileges accorded other legally recognized professions. FRIDAY, MARCH 17, 1967 2139 (1) This Act shall be known as the "Professional Teaching Prac tices Act". (2) The members of this profession, under the leadership of the statewide professional education organization (s) shall develop and pro vide for adoption of codes of ethics and professional performance. (3) In meeting its responsibilities, the profession shall carry out its activities in accordance with the provisions of the Constitution and laws of the State of Georgia. (4) Upon the adoption of such professional standards as may be determined, those who practice in this profession shall be obligated to abide by these standards. Section 2. (1) A professional practices commission is created con sisting of nineteen (19) members appointed by the State Board of Education on the recommendation of the State School Superintendent. A member, in order to be qualified for appointment, shall be certified to teach in the State of Georgia, or be a member of a faculty of an institution of the university system of this State, and be a citizen of the United States and a resident of this State, and shall have practiced his profession in Georgia for at least five (5) years immediately pre ceding his appointment. The composition of the commission shall be as follows: four (4) elementary school classroom teachers; four (4) secondary school classroom teachers; one (1) elementary school prin cipal; one (1) secondary school principal; two (2) school system super intendents; one (1) employee of the State Department of Education; two (2) members of faculties within the University System of Georgia; and four (4) persons who are members of and designated as represent ing statewide professional education organizations of professional practitioners. (2) The members of the commission shall be nominated by the teaching profession as provided in subsection (3) below, and the names of the nominees shall be submitted by the State School Super intendent to the State Board of Education from which names the State School Superintendent's recommendations shall be taken. (3) A panel of three (3) nominees for each place on the com mission for which each group is responsible shall be submitted to the State School Superintendent by each of the following: recognized statewide general professional education associations, Board of Re gents of the University System of Georgia, State Board of Education; and by the recognized statewide professional education organizations representing each of the following: classroom teachers, elementary school principals, secondary school principals, and superintendents. Initial appointments shall be: six (6) for one year, six (6) for two (2) years, and seven (7) for three (3) years. Thereafter, terms shall be for three (3) years. A member may be reappointed to the com mission only one(l) time. The State Board of Education shall designate the statewide professional education organizations which shall be en titled to submit nominations. 2140 JOURNAL OF THE HOUSE, (4) The commission is given the responsibility for developing, with the advice of the teaching profession, criteria of professional practices in the area of ethical and professional performance. (5) (a) The commission shall select its chairman, and, subject to the approval of the State Board of Education and Board of Regents, shall have the authority to establish procedures for developing codes or standards of ethics, professional performance, and practices as de scribed herein, to adopt such codes and standards, and to adopt rules and regulations of procedure, providing for filling of vacancies on the commission, and to effectuate the purposes of this Act. (b) The commission shall have the power to recommend action in cases of violation of the standards of professional practice, as estab lished by it, for all teachers, which shall represent the generally ac cepted standards within the teaching profession with respect to com petent performance and ethical practice toward other members of the profession, parents, students, and the community; provided, however, that nothing herein shall extend beyond the area of professional ethics and professional performance nor to areas of strictly private views or activities not related to the classroom or professional activity. (c) A violation of any of the standards so adopted shall be deemed to be unprofessional practice. (d) In carrying out its functions of developing standards, the commission may incorporate in its recommendations the proposals de veloped by any of the committees of any existing professional organi zations under the Professional Teaching Practices Act. (6) (a) The commission, in administering this Act, after a public hearing may make recommendations to the State Board of Education or Board of Regents that a member of the profession be warned or reprimanded, may make recommendations to the State Board of Edu cation or Board of Regents in cases involving suspension or revocation of certificates of members of the profession, and may make any recom mendations to the Board of Regents, State Board of Education or to local or county boards of education which will promote an improve ment of the teaching profession. A report of action taken upon such recommendations, including a decision that no action be taken, shall be filed with the commission and a copy delivered to the member af fected. (b) In analyzing the charges of breach of ethical or professional practices, the commission may request assistance through any of the investigative processes of any existing professional organization. (7) When acting in good faith in the course of their duties at meetings of the commission, members shall be privileged in their utter ances. Section 3. The commission may remove any member from the commission for misconduct or malfeasance in office, incapacity, or neglect of duty. FRIDAY, MARCH 17, 1967 2141 Section 4. The commission shall be financed by the statewide pro fessional education organizations, and not by public funds. The function of the commission is deemed to be in furtherance of educational pur poses and the commission shall be authorized to accept gifts and grants for this purpose. Section 5. This Act shall take effect July 1, 1967. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. The Senate moves to amend to Senate Committee Substitute to HB 41 as follows: By striking from the first paragraph of Section 1 the words "in the tax-supported public school and university systems and their related services". By renumbering Sections 5 and 6 as Sections 6 and 7 and inserting in lieu thereof a new Section 5 to read as follows: "Section 5. The provisions of this Act, other than the declara tion that teaching is a professional service, shall not be construed as applicable to those members of the profession not serving in the public school and university systems." Mr. Moore of the 20th moved that the House agree to the Senate substitute, as amended by the Senate. On the motion to agree, the ayes were 115, nays 0. The Senate substitute, as amended by the Senate, to HB 41 was agreed to. HB 107. By Messrs. Smith of the 3rd, Holder of the 70th, and Savage of the 58th: A Bill to be entitled an Act to permit disclosure of information in medical records under certain circumstances, and for other purposes. The following Senate amendment was read: The Senate Judiciary Committee moves to amend HB 107 as fol lows: By changing the period at the end of Section 7 (b) to a semi colon and adding the following language: 2142 JOURNAL OF THE HOUSE, "provided, however, that under the circumstances set forth in Section 5 sub-paragraphs 9, 10 and 11, and under the circum stances set forth in Section 6 sub-paragraph 6 of this Act it shall be unlawful for the institution to refuse to make such records available for inspection and copying." Mr. Smith of the 3rd moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 120, nays 0. The Senate amendment to HB 107 was agreed to. HB 481. By Messrs. Murphy of the 26th, Irvin of the llth, and Caldwell of the 51st: A Bill to be entitled an Act to amend an Act so as to exclude time employed as a public school teacher from being used in computing tha salary of the Director of Public Safety, 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, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, particularly by an Act approved February 2, 1949 (Ga. Laws 1949, p. 70), an Act approved March 7, 1957 (Ga. Laws 1957, p. 309),, an Act approved March 25, 1958 (Ga. Laws 1958, p. 296), an Act ap proved March 6, 1964 (Ga. Laws 1964, p. 252), and Act No. 1 of the 1967 regular session approved January 23, 1967, so as to exclude time employed as a public school teacher from being used in computing the salary of the Director; to remove the provisions relating to the Director receiving no other compensation or allowances; to change the salary of the Deputy Director; to amend an Act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials, approved March 12, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 613), as amended, so as to change the compensation of the State Supervisor of Purchases; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Sections 1. An Act creating the Department of Public Safety, approved March 19, 1937 (Ga, Laws 1937, p. 322), as amended, par ticularly by an Act approved February 2, 1949 (Ga. Laws 1949, p. 70), an Act approved March 7, 1957 (Ga. Laws 1957, p. 309), an Act ap- FRIDAY, MARCH 17, 1967 2143 proved March 25, 1958 (Ga. Laws 1958, p. 296), an Act approved March 6, 1964 (Ga. Laws 1964, p. 252), and Act No. 1 of the 1967 regular session approved January 23, 1967, is hereby amended by strik ing the second paragraph of Section 3 of Article I and inserting in lieu thereof a new second paragraph to read as follows: "The Director of Public Safety of Georgia shall serve at the pleasure of the Department of Public Safety and shall be com pensated in the amount of $16,000.00 per annum to be paid in equal monthly or semi-monthly installments; provided, however, that said $16,000.00 shall be increased by five percent (5%) for each four (4) years of service rendered by said Director, in any capacity, to the State of Georgia except employment as a public school teacher." Section 2. Said Act is further amended by striking from the first paragraph of Section 5 of Article I the figure "7,000.00" and inserting in lieu thereof the figure "7,600.00" so that the first paragraph of Sec tion 5 of Article I, when so amended, shall read as follows: "The Director of Public Safety of Georgia is vested with au thority to appoint a Deputy Director of Public Safety, whose term of office shall be four years, and who shall have the rank of Lieutenant Colonel. It is hereby provided that the Deputy Director as appointed may be a member of the Uniform Division of the Department of Public Safety and upon such removal from such office without prejudice he shall revert to his original rank in the Uniform Division which he held when such appointment was made. The Deputy Director shall receive an annual salary of $7,600.00 per year, payable monthly, and whose appointment shall be subject to confirmation by the Department of Public Safety." Section 3. An Act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials, approved March 12, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 613), as amended, is hereby amended by striking from Section 1, Subsection (a) the following language: "The base salary of the State Supervisor of Purchases shall be $15,000.00 annually payable in semi-monthly installments and said official shall be entitled to all adjustments in compensation and allowances as are authorized for other State officials named in this Act. Provided, however, the State Supervisor of Purchases shall not be paid the $240.00 annual compensation for each exofficio office created by law and held by him as provided in sub-, section (c) of this section.", and inserting in lieu thereof the following language: "The base salary of the State Supervisor of Purchases shall be $18,000.00 annually payable in semimonthly installments and said official shall be entitled to all adjustments in compensation and allowances as are authorized for other State officials named in this Act. Provided, however, the State Supervisor of Purchases 2144 JOURNAL OF THE HOUSE, shall not be paid the $240.00 annual compensation for each ex officio office created by law and held by him as provided in Subsection (c) of this section." Section 4. The provisions of this Act shall become effective April 1, 1967. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Mr. Murphy of the 26th moved that the House agree to the Senate substitute. On the motion to agree, the ayes were 121, nays 0. The Senate substitute to HB 481 was agreed to. HB 787. By Mr. Murphy of the 26th: A Bill to be entitled an Act to provide for grants to certain munici palities, and for other purposes. The following Senate amendments were read: Senator Coggin of the 35th moves to amend HB 787 as follows: By striking from Section 2 the following: "To the extend funds are made available by the Budget Au thorities pursuant to the General Appropriations Act of 1967", and inserting in lieu thereof the following: "To the extent funds are made available by the Budget Au thorities pursuant to Section 49 of the General Appropriations Act of 1967". Senator Rowan of the 8th moves to amend HB 787 as follows: By striking from the first paragraph of Section 2 the word "ex tend", and inserting in lieu thereof the word "extent". By striking the phrase "and further stating" in Section 4, and inserting in lieu thereof the phrase "or stating". Senator Pincher of the 54th offered the following amendment: FRIDAY, MARCH 17, 1967 2145 amend HB 787 by adding to section 3 a new subsection 7 as follows: "Municipal street lighting facilities". Senator Coggin of the 35th moves to amend HB 787 as follows: By striking from Section 4 the phrase "and that the municipality has performed the following two services" and inserting in lieu there of the phrase "or that the municipality has performed the following two services". Mr. Murphy of the 26th moved that the House agree to the Senate amend ments. On the motion to agree, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams Anderson Barber Barfield Berry, C. E. Black Blalock Bond Bostick Bowen Branch Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Chandler Clarke Cole Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Davis Dean Dillon Dixon Dodson Doster Douglas Edwards Farrar Floyd Funk Gary Grahl Grier Hadaway Hall Harrington Harris, J. R. Harris, R. W. Harrison Henderson Hill Hutchinson Irvin Jenkins Johnson, A. S. Joiner Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lee, W. J. (Bill) Leggett Leonard Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Minge Mixon Moore, Don C. Moreland Mullinax Murphy Newton Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Phillips Poss Rainey 2146 Reaves Roach Ross Rowland Rush Russell Sherman Shuman Simmons Sims JOURNAL OF THE HOUSE, Smith, J. R. Smith, V. T. Starnes Steis Sullivan Sweat Thomas Thompson, R. Tye Underwood Vaughn, C. R. Wamble Ward Ware Westlake Williams Wilson, J. M. Wilson, R. W. Winkles Wood Those voting in the negative were Messrs.: Berry, J. K. Thompson, A. W. Those not voting were Messrs.: Alexander Ballard Battle Bennett Brantley, H. H. Games Gates Cato Cheeks Collins, J. P. Collins, M. Colwell Conner Cook Cox Daugherty DeLong Dent Dickinson Dollar Dorminy Egan Fallin Farmer Fleming Gay Gaynor Gignilliat Hale Hamilton Harris, J. F. Higginbotham Holder Hood Howard Howell Johnson, B. Jones, C. M. Jordan, W. H. Lambert Lane, W. J. Lee, W. S. Le vitas Magoon Matthews, D. R. Miller Moate Moore, J. H. Nash Nessmith Nimmer Peterson Pickard Potts Ragland Richardson Savage Scarlett Shanahan Shields Smith, G. W. Smith, W. L. Snow Stalnaker Threadgill Townsend Tucker Turner Vaughan, D. N. Walling Wells Whaley Wiggins Mr. Speaker On the motion to agree, the ayes were 129, nays 2. The Senate amendments to HB 787 were agreed to. HB 553. By Mr. Caldwell of the 51st: A Bill to be entitled an Act to amend Code Section 24-2714 so as to provide that the office of the clerk of the superior court may be at a place other than the courthouse, and for other purposes. FRIDAY, MARCH 17, 1967 2147 The following Senate amendment was read: Senator Smalley of the 28th moves to amend HB 553 by striking from Section 1 thereof the following sentence: "Such place must be owned by the county or a body politic and shall be not more than one mile from the courthouse." and by inserting in lieu thereof the following sentence: "Such place must be owned by the county or a body politic and shall be not more than 500 feet from the courthouse at their nearest points." Mr. Caldwell of the 51st moved that the House agree to the Senate amend ment. On the motion to agree, the ayes were 137, nays 0. The Senate amendment to HB 553 was agreed to. HB 468. By Messrs. Clarke of the 45th, Steis of the 100th, and others: A Bill to be entitled an Act to prohibit certain business activities on Sunday, and for other purposes. The following Senate amendments were read: Senator Shea of the 3rd moves to amend HB 468 by striking there from Section 1, line 8, the following: "boats, boat motors, boat trail ers;". Senator Webb of the llth District moves to amend HB 468 by adding thereto a new Section to be appropriately numbered and to read as follows: Notwithstanding any provision of this Bill, it is not the intention of the General Assembly to in any manner amend or re peal Section 26-6905 of the Code of Georgia of 1933 and said Code Section is hereby continued in full force and effect. Mr. Clarke of the 45th moved that the House agree to the Senate amend ments. 2148 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 Ballard Barber Barfield Battle Berry, C. E. Berry, J. K. Black Blalock Bostick Bowen Bray Brown, B. D. Brown, C. Buck Games Chandler Clarke Cole Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Davis Dean DeLong Dillon Dixon Dodson Dorminy Douglas Fallin Farrar Fleming Funk Gary Gaynor Gignilliat Grahl Grier Hadaway Hall Hamilton Harrington Harris, J. R. Harris, R. W. Higginbotham Hill Hutchinson Irvin Jenkins Johnson, A. S. Jones, M. Jordan Kaylor Kirksey Knapp Laite Lambert Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Minge Mixon Mullinax Murphy Nash Those voting in the negative were Messrs.: Leonard Richardson Rush Smith, W. L. Newton Northcutt Odom Oglesby Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Phillips Poss Potts Ragland Rainey Roach Ross Russell Savage Scarlett Sherman Shields Shuman Sims Smith, V. T. Starnes Steis Sullivan Sweat Thompson, R. Townsend Tye Vaughn, C. R. Walling Wamble Ward Ware Westlake Williams Wilson, J. M. Wilson, R. W. Winkles Wood FRIDAY, MARCH 17, 1967 Those not voting were Messrs.: Anderson Bennett Bond Branch Brantley, H. H. Brantley, H. L. Busbee Caldwell Gates Cato Cheeks Collins, J. P. Collins, M. Colwell Conner Cooper, B. Daugherty Dent Dickinson Dollar Doster Edwards Egan Farmer Floyd Gay Hale Harris, J. F. Harrison Henderson Holder Hood Howard Howell Johnson, B. Joiner Jones, C. M. Jordan, W. H. Land Lane, W. J. Leggett Le vitas Lowrey Magoon Moate Moore, Don C. Moore, J. H. Moreland 2149 Nessmith Nimmer Otwell Peterson Pickard Reaves Rowland Shanahan Simmons Smith, G. W. Smith, J. R. Snow Stain aker Thomas Thompson, A. W. Threadgill Tucker Turner Underwood Vaughan, D. N. Wells Whaley Wiggins Mr. Speaker On the motion to agree, the ayes were 128, nays 5. The Senate amendments to HB 468 were agreed to. HB 784. By Mr. Conner of the 91st: A Bill to be entitled an Act to create a new charter for the City of Alma, and for other purposes. The following Senate amendment was read: Senator Dean of the 6th moves to amend HB 784 as follows: By striking from subsection (n) of Section 2.00 the following "The streets, lanes, alleys, sidewalks, parks or other property on or through which it is desired," By adding at the end of subsection (u) of Section 2.00 the follow ing: "Nothing in this subsection shall be construed to apply to work done by or for public utilities." 2150 JOURNAL OF THE HOUSE, By striking Section 18.01 in its entirety. By renumbering Sections 18.02, 18.04, 18.05 and 18.06 as Sections 18.01, 18.02, 18.03 and 18.04, respectively. By adding in the second Sentence of Section 20.01, ofter the words "proper municipal legislative metters.", the following: "; provided, however, no such electrical codes shall be ap plicable to work done by or for public utilities." Mr. Conner of the 91st 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 784 was agreed to. HB 780. By Messrs. Mixon of the 81st and Celling of the 88th: A Bill to be entitled an Act to amend an Act so as to extend the time when motor vehicle owner shall be required to pay ad valorem taxes, and for other purposes. The following Senate amendment was read: The Senate Business, Trade and Commerce Committee moves to amend HB 780 as follows: By inserting immediately after the word "taxes" as it appears in the title thereof the following: "for the year 1967". By striking in its entirety the quoted portion of Section 1, and substituting in lieu thereof the following: "Provided, however, the Governor, in his discretion, may delay the time within which motor vehicles shall be required to be re turned for ad valorem taxation, such taxes paid thereon, and license registration plates obtained therefor by not more than sixty (60) days from April 1, 1967." FRIDAY, MARCH 17, 1967 2151 Mr. Mixon of the 81st 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. Anderson Ballard Barber Battle Berry, J. K. Black Blalock Branch Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Busbee Carnes Cato Chandler Clarke Cole Collins, M. Colwell Cooper, B. Cooper, J. R. Crowe, William Dailey Daugherty Davis Dent Dillon Dixon Dodson Dollar Dorminy Douglas Edwards Farmer Fleming1 Floyd Gay Gaynor Gignilliat Grahl Hadaway Hall Hamilton Harrington Harris, J. F. Harris, R. W. Harrison Hill Holder Hood Howell Hutchinson Irvin Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Lambros Lee, W. S. Levitas Lewis Lowrey Magoon Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miller Minge Mixon Moate Moore, Don C. Murphy Nash Nessmith Newton Odom Oglesby Otwell Pafford Parker, C. A. Parker, H. W. Phillips Poss Potts Ragland Rainey Reaves Richardson Roach Rowland Rush Savage Shanahan Sherman Shields Simmons Smith, G. W. Smith, V. T. Smith, W. L. Starnes Steis Thomas Thompson, R. Threadgill Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Walling Ward Wells Westlake Whaley Wiggins Wilson, R. W. Wood 2152 JOURNAL OF THE HOUSE, Those voting in the negative were Messrs.: Lane, Dick Northcutt Winkles Those not voting were Messrs.: Adams Alexander Barfield Bennett Berry, C. E. Bond Bostick Bowen Brantley, H. L. Caldwell Gates Cheeks Collins, J. F. Conner Cook Cox Crowe, W. J. Dean DeLong Dickinson Doster Egan Fallin Farrar Funk Gary Grier Hale Harris, J. R. Henderson Higginbotham Howard Jenkins Johnson, B. Jordan, W. H. Laite Land Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Longino Lovell Malone Melton Moore, J. H. Moreland Mullinax Nimmer Palmer Paris Parrish Peterson Pickard Ross Russell Scarlett Shuman Sims Smith, J. R. Snow Stalnaker Sullivan Sweat Thompson, A. W. Turner Underwood Wamble Ware Williams Wilson, J. M. Mr. Speaker On the motion to agree, the ayes were 130, nays 3. The Senate amendment to HB 780 was agreed to. HB 578. By Messrs. Leggett of the 21st and Northcutt of the 35th: A Bill to be entitled an Act to be known as the "Building-Construction Safeguards Act," and for other purposes. The following Senate amendment was read: Senator Johnson of the 42nd moves to amend HB 578 to add at the end of Section 1: "as herein provided in Section 2." Mr. Leggett of the 21st moved that the House agree to the Senate amend ment. FRIDAY, MARCH 17, 1967 2153 On the motion to agree, the roll was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Ballard Barber Battle Berry, C. E. Berry, J. K. Black Branch Bray Brown, B. D. Brown, C. Buck Busbee Chandler Cheeks Colwell Cooper, B, Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Davis Dent Dillon Dixon Dodson Dollar Dorminy Douglas Edwards Fallin Farmer Farrar Fleming Floyd Gay Gaynor Gignilliat Grahl Hadaway Hall Hamilton Harrington Harris, J. R. Harris, R. W. Harrison Henderson Hill Holder Hood Howard Howell Irvin Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Lambros Land Lane, W. J. Lee, W. S. Leggett Levitas Lewis Lowrey Magoon M alone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Poss Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Sims Smith, G. W. Smith, V. T. Smith, W. L. Starnes Steis Thomas Thompson, A. W. Thompson, R. Threadgill Town send Tucker Turner Tye Underwood Vaughn, C. R. Walling Wamble Ward Wells Westlake Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood 2154 JOURNAL OF THE HOUSE, Those voting in the negative were Messrs.: Brantley, H. H. Lane, Dick Those not voting were Messrs.: Alexander Anderson Barfield Bennett Blalock Bond Bostick Bo wen Brantley, H. L. Caldwell Carnes Gates Cato Clarke Cole Collins, J. F. Collins, M. Conner Cook Cox Dean DeLong Dickinson Doster Egan Funk Gary Grier Hale Harris, J. F. Higginbotham Hutchinson Jordan, W. H. Laite Lee, W. J. (Bill) Leonard Longino Lovell Melton Minge Moreland Nessmith Parrish Peterson Phillips Pickard Potts Ragland Shields Shuman Simmons Smith, J. R. Snow Stalnaker Sullivan Sweat Vaughan, D. N. Ware Whaley Mr. Speaker On the motion to agree, the ayes were 143, nays 2. The Senate amendment to HB 578 was agreed to. Messrs. Lane of the 126th and Brantley of the 63rd stated that had they been present their vote would have been cast "aye". HB 783. By Messrs. Murphy of the 26th, Caldwell of the 51st, and Irvin of the llth: A Bill to be entitled an Act to amend the State Penal and Rehabiliation Authority Act so as to provide for a maximum bond limitation not to exceed twenty-five million dollars, and for other purposes. The following Senate amendment was read: Senate Committee on Penal & Correctional Affairs moves to amend House Bill 783 by striking "twenty-five million ($25,000,000.00) dol lars" from the title and wherever it appears in Section 1 thereof, and inserting in lieu thereof "twelve million ($12,000,000.00) dollars". FRIDAY, MARCH 17, 1967 2155 Mr. Murphy of the 26th 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 Anderson Ballard Barber Barfield Battle Berry, C. E. Berry, J. K. Black Blalock Branch Brantley, H. H. Bray Brown, C. Buck Carnes Gates Chandler Cole Collins, M. Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Dean DeLong Dent Dillon Doster Edwards Fallin Farmer Farrar Floyd Gary Gaynor Gignilliat Grahl Grier Hadaway Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Higginbotham Hill Holder Hood Howard Howell Hutchinson Irvin Jenkins Johnson, A. S. Joiner Jones, M. Jordan, G. Kaylor Kirksey Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Lovell Lowrey Malone Mason Mauldin Maxwell Merritt Miller Minge Mixon Moate Moore, Don. C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Peterson Phillips Poss Potts Ragland Richardson Roach Ross Rowland Russell Savage Shanahan Sherman Sims Smith, J. R. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Tye Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Wiggins Williams Wilson, R. W. Winkles Wood 2156 JOURNAL OF THE HOUSE, Voting in the negative was Mr. Douglas. Those not voting were Messrs.: Alexander Bennett Bond Bostick Bo wen Brantley, H. L. Brown, B. D. Busbee Caldwell Cato Cheeks Clarke Collins, J. F. Colwell Conner Cooper, B. Daugherty Davis Dickinson Dixon Dodson Dollar Dorminy Egan Fleming Funk Gay Hale Harrison Henderson Johnson, B. Jones, C. M. Jordan, W. H. Knapp Laite Lane, W. J. Longino Magoon Matthews, C. Matthews, D. R. McClatchey McCracken McDaniell Melton Parker, H. W. Parrish Pickard Rainey Reaves Rush Scarlett Shields Shuman Simmons Smith, G. W. Snow Townsend Tucker Turner Underwood Ware Wells Westlake Whaley Wilson, J. M. Mr. Speaker On the motion to agree, the ayes were 138, nays 1. The Senate amendment to HB 783 was agreed to. HB 410. By Mr. Conner of the 91st: A Bill to be entitled an Act to amend the Georgia Administrative Pro cedure Act so as to exempt therefrom the Comptroller-General's office, and for other purposes. The following Senate amendment was read: Senator Johnson of the 42nd moves to amend the title of HB 410 by strik ing the same and substituting therefor the following: "A BILL To be entitled an Act to amend the Georgia Administrative Pro cedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338) as FRIDAY, MARCH 17, 1967 2157 amended, in order to allow the Fire Safety Department and the In surance Department of the Office of the Comptroller General to file regulations, standards and plans by reference and to conduct hearings in accordance with Chapter 2 of the Georgia Insurance Code; to repeal conflicting laws; and for other purposes. Senator Johnson of the 42nd further moves to amend HB 410 by substituting for Section 1 the following: "Section 1 - The Georgia Administrative Procedure Act approved March 10, 1964 (Ga. Laws 1964, page 338) as amended is hereby amended by adding new section to be numbered Section 25 as follows: Section 25 - As to such regulations, standards and plans as are required by law to be filed and kept on file with the Office of the Secretary of State, the Fire Safety Department and the Insurance Department of the Office of the Comptroller General may comply with the filing requirements of this Act by filing with the Office of the Secretary of State merely the name and designation of such regulations, standards and plans, provided such regulations, standards and plans are kept on file in the Office of the Comptroller General by the titles otherwise applicable under this Act, and such regulations, standards and plans are open for public examination and copying. The Fire Safety Department and the Insurance Department of the Office of Comptroller General may also satisfy the procedure for conduct of hearings on contested cases and rule-making required under this Act by following the provisions of Chapter 2 of the Georgia Insurance Code, Chapter 56-2, Georgia Code, as amended." Mr. Conner of the 91st moved that the House agree to the Senate amendment. On the motion to agree, the roll call was ordered and the vote was a follows: Those voting in the affirmative were Messrs.: Adams Alexander Barber Battle Berry, C. E. Berry, J. K. Black Blalock Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Busbee Carnes Gates Chandler Collins, M. Conner Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Dean DeLong Dent Dillon Dodson Doster Edwards Fallin Farmer Farrar Fleming' Floyd Gaynor Grahl Grier Hadaway 2158 JOURNAL OF THE HOUSE, Hall Harrington Harrison Higginbotham Hill Holder Hood Howard Howell Hutchinson Irvin Jenkins Johnson, A. S. Johnson, B. Jones, M. Jordan, G. Kirksey Knapp Lambros Land Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Lovell Lowrey Malone Mason Mauldin Maxwell McClatchey Melton Merritt Miller Minge Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Northcutt Odom Oglesby Otwell Pafford Paris Parker, C. A. Parker, H. W. Peterson Phillips Poss Potts Ragland Reaves Richardson Roach Ross Rowland Rush Savage Shanahan Sherman Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Thomas Thompson, A. W. Town send Turner Tye Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Wells Westlake Wiggins Williams Wilson, R. W. Winkles Wood Those voting in the negative were Messrs. Ballard Douglas Those not voting were Messrs.: Anderson Barfield Bennett Bond Bostick Bo wen Branch Brown, B. D. Caldwell Cato Cheeks Clarke Cole Collins, J. F. Colwell Cooper, B. Davis Dickinson Dixon Dollar Dorminy Egan Funk Gary Gay Gignilliat Hale Hamilton Harris, J. F. Harris, J. R. Harris, R. W. Henderson Joiner Jones, C. M. Jordan, W. H. Kaylor Laite Lambert Lane, Dick Levitas Longino Magoon Matthews, C. Matthews, D. R. McCracken McDaniell Nimmer Palmer Parrish FRIDAY, MARCH 17, 1967 Pickard Rainey Russell Scarlett Shields Shuman Simmons Snow Sullivan Sweat 2159 Thompson, R. Threadgill Tucker Underwood Ware Whaley Wilson, J. M. Mr. Speaker On the motion to agree, the ayes were 136, nays 2. The Senate amendment to HB 410 was agreed to. Mr. Sweat of the 83rd stated that he wished to be recorded as voting "aye" on the motion to agree. HR 69-153. By Mr. Harris of the 118th: A Resolution compensating Robert Wakefield, and for other purposes. Senator Mclntyre of the 40th moves to amend HR 69 as follows: By striking therefrom the following: "NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway Department is hereby authorized and directed to pay the sum of $2,994.35 to Mr. Robert C. Wakefield as compensation for his damages as provided above.", and inserting in lieu thereof the following: "NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway Department is hereby authorized and directed to pay the sum of $2,290.45 to Mr. Robert C. Wakefield as compensation for his damages as provided above." 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: 2160 JOURNAL OF THE HOUSE, Those voting in the affirmative were Messrs.: Adams Anderson Ballard Barber Barfield Battle Berry, J. K. Black Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Busbee Caldwell Games Chandler Clarke Cole Collins, J. P. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J .R. Cox Crowe, William Crowe, W. J. Dailey Davis Dean DeLong Dent Dillon Dixon Dodson Dorminy Edwards Fallin Farmer Farrar Floyd Gay Gaynor Gignilliat Grahl Grier Hadaway Hale Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Hood Howard Howell Hutchinson Irvin Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambert Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Longino Lovell Lowrey Malone Mason Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Minge Mixon Moate Mullinax Nash Nessmith Newton Nimmer Northcutt Oglesby Pafford Palmer Paris Parker, C. A. Parker, H. W. Peterson Phillips Poss Potts Ragland Rainey Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Sullivan Sweat Thomas Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Tye Walling Wamble Ward Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood FRIDAY, MARCH 17, 1967 2161 Voting in the negative was Mr. Douglas. Those not voting were Messrs.: Alexander Bennett Berry, C. E. Blalock Bond Bostick Branch Brown, B. D. Gates Cato Cheeks Daugherty Dickinson Dollar Doster Egan Fleming Funk Gary Henderson Hill Jordan, W. H. Land Lane, W. J. Leonard Magoon Matthews, C. Moore, Don C. Moore, J. H. Moreland Murphy Odom Otwell Parrish Pickard Reaves Ross Shuman Simmons Steis Turner Underwood Vaughan, D. N. Vaughn, C. R. Ware Wells Wilson, J. M. Mr. Speaker On the motion to agree, the ayes were 156, nays 1. The Senate amendment to HR 69-153 was agreed to. HB 613. By Mr. Games of the 129th: A Bill to be entitled an Act to make it unlawful for minors to purchase or possess alcoholic beverages, and for other purposes. The following Senate substitute was read: A BILL To be entitled an Act to provide that it shall be unlawful for minors to purchase any alcoholic, spirituous, malt or intoxicating liquors or beverages; to provide that it shall be unlawful for a minor to misrepresent his age for the purpose of chaining any such liquors or bevtrages; to provide that it shall be unlawful to knowingly act as an agent to purchase or acquire any such liquors or beverages for or on behalf of a minor; 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 minor to purchase any alcoholic, spirituous, malt or intoxicating liquors or beverages, pro- 2162 JOURNAL OF THE HOUSE, vided that this Section shall not apply to any such liquors or beverages to be consumed for medical purposes pursuant to a prescription by a duly licensed physician under the laws of the State of Georgia. Section 2. It shall be unlawful for any minor to falsely misre present his age in any manner whatever, for the purpose of illegally obtaining any alcoholic, spirituous, malt or intoxicating liquors or beverages. Section 3. It shall be unlawful for any person to knowingly and intentionally act as agent to purchase or acquire any alcoholic, spirit uous, malt or intoxicating liquors or beverages for or on behalf of a minor, except for the authorized purposes set forth in Section 1 of this Act. Section 4. Any person violating the above Sections shall be quilty of a misdemeanor and upon conviction shall be punished as for a mis demeanor. Section 5. 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 sub stitute. On the motion to agree, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Anderson Barber Barfield Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Games Chandler Clarke Cole Collins, J. F. Colwell Conner Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dorminy Edwards Fallin Farmer Farrar Fleming Gary Gay Gaynor Gignilliat Grahl Grier Hadaway Hale Hall Hamilton Harrington Harris, J. F. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Irvin Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M . Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambert Lambros Lane, Dick Lee, W. S. Leggett Lewis Longino Lowrey Mason Matthews, D. R. Mauldin Maxwell McClatchey FRIDAY, MARCH 17, 1967 McCracken McDaniell Merritt Miller Minge Mixon Moate Moore, J. H. Moreland Mullinax Nash Nessmith Newton Nimmer Odom Oglesby Pafford Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Ragland Richardson Roach Rowland Rush Russell Savage Scarlett 2163 Shanahari Sherman Shields Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Sullivan Sweat Thomas Thompson, A. W. Town send Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Wells Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood Those voting in the negative were Messrs. Douglas Melton Northcutt Threadgill Those not voting were Messrs.: Alexander Ballard Bennett Caldwell Gates Cato Cheeks Collins, M. Cooper, B. Daugherty Dollar Doster Egan Floyd Funk Harris, J. R. Harris, R. W. Jordan Land Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Lovell Magoon Malone Matthews, C. Moore, Don C. Murphy Otwell 2164 JOURNAL OF THE HOUSE, Palmer Pickard Rainey Reaves Ross Shuman Simmons Steis Thompson, R. Ware Wilson, J. M. Mr. Speaker On the motion to agree, the ayes were 159, nays 4. The Senate substitute to HB 613 was agreed to. HR 120-296. By Mr. Murphy of the 26th: A Resolution petitioning Congress with respect to Federal grants, and for other purposes. The following Senate substitute was read: A RESOLUTION Petitioning the Congress of the United States to propose an amend ment to the Constitution of the United States; and for other purposes. WHEREAS, the relationship that exists between the Federal Gov ernment and the government of the states is a matter of vital concern; and WHEREAS, the states play an indispensable role in our Federal system of government; and WHEREAS, unless the trend toward restrictive categoric federal grants is reversed, these grants will so entwine themselves that a state's freedom of movement will be significantly inhabited; and WHEREAS, there is a need and a justification for broader un fettered grants that will give states and localities more freedom of choice, more opportunity to express their own initiative which reflects their particular needs and preferences, all within the overall direction of national purpose. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that this Legislature respectfully petitions the Congress of the United States to propose the following article as an amendment to the Constitution of the United States: Article "Beginning with the first full fiscal year after ratification of this amendment by the requisite number of states, there shall be remitted to all of the states of these United States, an amount determined by the Secretary of the Treasury to be equal to not less than 5% of the FRIDAY, MARCH 17, 1967 2165 aggregate total of individual and corporate income taxes paid to the United States during the preceding calendar year. "Such funds shall be remitted to the States without restriction and this remission of funds shall be in addition to any other federal grant programs which may be enacted by the Congress. "Each state shall share in such remission in proportion as the population of such State bears to the total population of all of the States, according to the last preceding Federal census." BE IT FURTHER RESOLVED that when the above amendment to the Constitution of the United States is ratified by three-fourths of the legislatures of the several States, it shall become a part of the Constitution of the United States. BE IT FURTHER RESOLVED that the Secretary of State is hereby directed to transmit a certified copy of this resolution to the Secretary of the Senate of the United States, to the Clerk of the House of Representatives of the United States, and to each member of the Georgia Congressional Delegation. Mr. Caldwell of the 51st 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.: Adams Anderson Ballard Barber Barfield Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Bray Brown, B. D. Brown, C. Busbee Caldwell Carnes Cato Chandler Clarke Cole Collins, M. Colwell Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Davis Dean DeLong Dent Dillon Dollar Dorminy Edwards Fallin Farmer Farrar Fleming Floyd Gary Gay Gaynor Gignilliat Grahl Grier Hadaway Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill 2166 JOURNAL OF THE HOUSE, Holder Hood Howell Hutchinson Irvin Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Laite Lambert Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton Merritt Miller Minge Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Northcutt Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Poss Potts Ragland Reaves Richardson Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Sweat Thomas Threadgill Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Winkles Wood Voting in the negative was Mr. Douglas. Those not voting were Messrs.: Alexander Bennett Brantley, H. L. Buck Gates Cheeks Collins, J. F. Conner Daugherty Dickinson Dixon Dodson Doster Egan Funk Hale Henderson Howard Jordan, W. H. Knapp Lambros Leggett Leonard Levitas Magoon McClatchey Moreland Nimmer Odom Parrish Peterson Phillips Pickard Rainey Roach Ross Shuman Simmons Stalnaker Thompson, A. W. Thompson, R. Town send Wilson, J. M. Wilson, R. W. Mr. Speaker FRIDAY, MARCH 17, 1967 2167 On the motion to agree, the ayes were 159, nays 1. The Senate substitute to HR 120-296 was agreed to. HR 228. By Mr. Lee of the 35th: A Resolution creating a committee to study the Georgia Workmen's Compensation laws, and for other purposes. The following Senate amendment was read: The Senate Rules Committee rules to amend House Resolution 228 as follows: Delete "NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Workmen's Compensation Study Committee to be composed of 11 members appointed as follows: 1. Three members of the Senate to be appointed by the President of the Senate. 2. One member, a resident of the State of Georgia, representing the public at large and who shall be Chairman of the Work men's Compensation Study Committee, to be appointed by the President of the Senate. 3. Three members of the House of Representatives to be appointed by the Speaker of the House. 4. One member, a resident of the State of Georgia, representing the public at large, to be appointed by the Speaker of the House. 5. One member, a resident of the State of Georgia, representing management, to be designated by the Associated Industries of Georgia, Georgia Textile Manufacturers Association and Geor gia State Chamber of Commerce. 6. One member, a resident of the State of Georgia, representing labor, to be designated by the Georgia State AFL-CIO. 7. The Chairman of the Georgia State Board of Workmen's Com pensation." and insert therein the following: "NOW THEREFORE BE IT RESOLVED BY THE GEN ERAL ASSEMBLY OF GEORGIA that there is created the Work- 2168 JOURNAL OF THE HOUSE, men's Compensation Study Committee to be composed of ten mem bers to be appointed as follows: 1. Five members of the Senate to be appointed by the Pres ident. 2. Five members of the House, to be appointed by the Speaker of the House. And to delete the sentence "Non-legislative members shall serve without compensation or reimbursement of expenses." Mr. Lee of the 35th moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 145, nays 0. The Senate amendment to HR 228 was agreed to. HR 48-132. By Mr. Irvin of the llth: A Resolution compensating Herman Edward Dykes, and for other purposes. The following Senate amendment was read: The Senate Appropriations Committee moves to amend HR 48 as follows: By striking therefrom the following: "NOW, THEREFORE, BE IT RESOLVED BY THE GEN ERAL ASSEMBLY OF GEORGIA that the State Department of Parks is hereby authorized and directed to pay to Mr. Herman Edward Dykes the sum of $957.12 as compensation for the damages as set out in this Resolution.", and inserting in lieu thereof the following: "NOW, THEREFORE, BE IT RESOLVED BY THE GEN ERAL ASSEMBLY OF GEORGIA that the State Department of Parks is hereby authorized and directed to pay to Mr. Herman Edward Dykes the sum of $500.00 as compensation for the damages as set out in this Resolution." Mr. Irvin of the llth moved that the House agree to the Senate amendment. FRIDAY, MARCH 17, 1967 2169 On the motion to agree, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams Anderson Ballard Barber Barfield Battle Berry, C. E. Berry, J. K. Black Bostick Bo wen Brantley, H. H. Brown, B. D. Brown, C. Busbee Games Gates Clarke Cole Colwell Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Davis Dean DeLong Dent Dillon Dixon Dodson Edwards Tallin Farmer Farrar Floyd Gay Gaynor Gignilliat Grahl Grier Hall Hamilton Harrington Harris, J. R. Harris, R. W. Harrison Higginbotham Hill Holder Hood Howard Howell Hutchinson Irvin Johnson, A. S. Joiner Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Merritt Miller Mixon Moate Moore, Don C. Moreland Mullinax Nash Newton Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Phillips Poss Ragland Rainey Reaves Richardson Ross Rowland Rush Russell Scarlett Shanahan Sherman Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Sweat Thomas Threadgill Town send Tucker Tye Wamble Ward Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood Those voting in the negative were Messrs.: Douglas and Underwood. 2170 JOURNAL OP THE HOUSE, Those not voting were Messrs.: Alexander Bennett Blalock Bond Branch Brantley, H. L. Bray Buck Caldwell Cato Chandler Cheeks Collins, J. P. Collins, M. Conner Cook Daugherty Dickinson Dollar Dorminy Doster Egan Fleming Funk Gary Hadaway Hale Harris, J. P. Henderson Jenkins Johnson, B. Jones, C. M. Jordan, W. H. Laite Land Levitas Magoon Maxwell McDaniell Minge Moore, J. H. Murphy Nessmith Nimmer Northcutt Odom Parrish Peterson Pickard Potts Roach Savage Shields Shuman Simmons Sims Stalnaker Thompson, A. W. Thompson, R. Turner Vaughan, D. N. Vaughn, C. R. Walling Ware Wells Wilson, J. M. Mr. Speaker On the motion to agree, the ayes were 136, nays 2. The Senate amendment to HR 48-132 was agreed to. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has agreed to the House amendment to the Senate amendment to the following Bill of the House, to-wit: HB 790. By Messrs. Maxwell of the 106th, Dent and Cheeks of the 104th: A Bill to amend an Act changing from the fee to the salary system cer tain of the county officers of certain counties of this State, so as to chang-e the compensation of certain of said officers and their employees; and for other purposes. The Senate has agreed to the House amendment to the Senate substitute to the following Bill of the House, to-wit: FRIDAY, MARCH 17, 1967 2171 HB 116. By Messrs. Brantley of the 63rd, Nessmith of the 64th, Johnson of the 40th, and others: A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the par ticipation by the State Government and local governments in the cost of the minimum foundation program; and for other purposes. The Senate recedes from its position on the following Resolutions of the House, to-wit: HR 23-56. By Mr. Williams of the 16th: A Resolution compensating Mr. Hoyt S. Sosebee; and for other purposes. HR 32-83. By Messrs. Richardson and Battle of the 116th and others: A Resolution compensating Mrs. Elizabeth Stephens; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit: HB 77. By Mr. Adams of the 125th: A Bill to provide that in all counties in the State of Georgia having a population of 500,000 or more, the office of Justice of the Peace Emeritus shall be created; and for other purposes. HB 156. By Mr. Harris of the 118th: A Bill to amend Code Section 29-102, relating to covenants contained within a deed, so as to provide that when a grantee accepts a deed, he will be bound by the covenants contained therein; and for other purposes. HB 441. By Messrs. Threadgill and Wiggins of the 32nd: A Bill to provide that it shall be the duty of all sheriffs, chiefs of police, and the heads of any other State law enforcement agency to obtain the name and address of all persons arrested by law enforce ment officers, when such person is charged with an offense against the laws of Georgia; and for other purposes. HB 586. By Messrs. Smith of the 54th, Busbee and Lee of the 79th, and others: A Bill to amend Section 93-307 of the Code of Georgia of 1933 which section relates to the jurisdiction of the Georgia Public Service Commis- 2172 JOURNAL OP THE HOUSE, sion, so as to provide authority and power for the Georgia Public Service Commission to prescribe rules and regulations for the sale, installation and operation of natural gas transmission and distribution facilities within the State; and for other purposes. HB 657. By Mr. McClatchey of the 138th: A Bill to amend an Act revising the adoption laws now set forth in Chapter 74-4 of the Code of 1933, so as to provide the effect of the final order of adoption upon the status of an adopted adult; and for other purposes. The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House, to-wit: HR 79-209. By Mr. Johnson of the 40th and others: A Resolution creating the Governor's Traffic Safety Study Committee; and for other purposes. HR 87-209. By Messrs. Odom of the 79th and Murphy of the 26th: A Resolution to create an interim study committee to study the feasibil ity and practicality of reorganizing the State and County Departments of Family and Children Services; and for other purposes. HR 178-532. By Mr. Grier of the 132nd and others: A Resolution creating an interim committee to study the problem of school dropouts; and for other purposes. HR 190-566. By Mr. Games of the 129th and others: A Resolution creating the Juvenile Court Law Study Committee; and for other purposes. HR 220-739. By Messrs. Starnes, Lowrey and Minge of the 13th: A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for the creation of a merit system of employment for any or all present and future em ployees of Ployd County other than elected officials; and for other purposes. HR 243. By Messrs. Turner of the 123rd, Matthews of the 29th and others: A Resolution creating a committee to study the feasibility of establishing a Georgia Housing Administration; and for other purposes. FRIDAY, MARCH 17, 1967 2173 HR 244. By Messrs. Parker of 55th, Barber of the 24th, and others: A Resolution creating a committee to study the methods used by the State Auditor to establish an equalized adjusted school property tax digest for each county in this state; and for other purposes. HR 248. By Messrs. Harris of the 118th, and Steis of the 100th: A Resolution creating a committee to study legislation proposing a new Criminal Code for Georgia; and for other purposes. HR 249. By Messrs. Harris and Walling of the 118th, Steis of the 100th, and Jones of the 112th: A Resolution creating a committee to study legislation proposing a change in the Judiciary Article in the Constitution; and for other purposes. HR 255. By Messrs. Murphy of the 26th, Caldwell of the 51st and others: A Resolution creating the "State Planning Committee on Law Enforce ment and the Administration of Justice"; and for other purposes. HR 266-803. By Messrs. McDaniell and Howard of the 101st, Cooper of the 103rd and Wilson of the 102nd: A Resolution proposing an amendment to the Constitution, so as to provide that a sewerage district may encompass the entire county of Cobb and to provide for the issuance of general obligation of bonds of the county to construct, maintain and operate a sewerage system therein; and for other purposes. HR 269-833. By Mr. Cook of the 123rd and Lee of the 79th: A Resolution re-establishing an interim study committee to study the feasibility for establishing a central computerized criminal records system for the State of Georgia; and for other purposes. HR 303. By Messrs. Wells of the 30th, Matthews and Farmer of the 29th: Commending the Stone Mountain Memorial Association. The Senate has agreed to the House amendments to the following Bills of the Senate: 2174 JOURNAL OF THE HOUSE, SB 121. By Senator Hall of the 52nd, Gardner of the 1st, Smalley of the 28th and Webb of the llth: A Bill relating to the State Senatorial Districts, as amended, so as to provide for the composition and number of State Senatorial Districts and the number of Senators; to repeal conflicting laws; and for other purposes. SB 36. By Senator Webb of the llth: A Bill to amend an Act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals and their officers and employees so as to change the salaries of the Justices of the Su preme Court and the Judges of the Court of Appeals; to repeal con flicting laws; and for other purposes. SB 71. By Senator Moore of the 31st: A Bill to change the terms of office of the initial members of the Board of Education of the Polk School District elected from the Cedar Lake-Pite School attendance area and the Fish Creek-Antioch school attendance area; and for other purposes. The Senate has adopted the report of the Committee of Conference on the following Bill of the Senate: SB 8. By Senators Rowan of the 8th, Spinks of the 9th, and others: A Bill to be entitled an Act to provide a standard time for the entire State of Georgia; and for other purposes. The Senate has adopted the report of the Committee of Conference on the following Bill of the House. HB 777. By Messrs. Murphy of the 26th, Irvin of the llth and others: A Bill to provide for grants to counties of this state to be used for any public purposes; and for other purposes. The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit: SB 89. By Senator Wesberry of thes 37th: A Bill to provide uniform standards for audits of municipalities and counties within the State of Georgia; and for other purposes. FRIDAY, MARCH 17, 1967 2175 Mr. Rowland of the 48th asked unanimous consent that the Clerk of the House be instructed to correct a typographical error on the following Resolution of the House: HR 144-409. By Mr. Rowland of the 48th: A Resolution compensating Mrs. Geneva J. Harrison; and for other purposes. The consent was granted, and the Clerk was instructed to correct the typo graphical error. A Resolution, offered by Messrs. Westlake, Higginbotham and Davis of the 119th and many others, nominating Honorable Leroy H. Simkins, Jr. of Rich mond County as a member of the "State Election Board", was read. A Resolution, offered by Mr. Savage of the 58th, nominating Honorable W. F. Blanks of Montezuma, Georgia, as a member of the State Election Board, was read. On the election of a member of the State Election Board, those members vot ing for Mr. Simkins were as follows: Ballard, W. D. Battle, J. A. Berry, J. K. Brantley, H. H. Games, C. L. Collins, J. F. Cook, R. M. Cox, W. J. Davis, W. DeLong, L. Dent, R. A. Dillon, T. J. Dodson, C. G. Egan, M. J., Jr, Gignilliat, A., Jr. Hill, G. Jordan, G. Kaylor, H. Knapp, G. E. Lambert, Roy Land, A. T., Sr. Matthews, D. R. Maxwell, R. Mixon, H. Odom, C. H. Poss, E. C. Richardson, W. J. Sherman, J. H., Jr. Smith, G. W. Townsend, K. V. R. Tucker, Ray M. Westlake, J. R. Whaley, G. W. Wilson, R. W. Winkles, F. L. Those members voting for Mr. Blanks were as follows: Anderson, J. H. Barber, Mac Barfield, H. M. Black, J. L. Blalock, D. B. Bostick, H. Bowen, R. L. Bray, C. A. Brown, B. D. Brown, C. Buck, T. B. Busbee, G. D. Cato, A. W. Chandler, P. M. Cheeks, D. E. Cole, J. H. Collins, M. Colwell, C. Cooper, B. Crowe, W. J. Dailey, J. T. Daugherty, J. C. Dixon, Harry D. Dollar, Hubert Doster, N. B. Douglas, D. Edwards, W. Farmer, L. Farrar, R. H. Floyd, J. H. Gary, Arch Gaynor, A. S. Grahl, D. K. Grier, J. D., Jr. Hall, H. G. Harrington, F. Harris, J. F. Harris, J. R. Harris, R. W. Harrison, R. W., Jr. Henderson, J., Jr. Holder, F. P. Hood, J. Howard, G. R. Howell, W. M. Irvin, T. T. Jenkins, L. F. Joiner, F. A. 2176 JOURNAL OP THE HOUSE, Jones, C. M. Jones, M. Kirksey, D. R. Lambros, N. G. Lane, W. J. Lee, W. J. (Bill) Leggett, H. Leonard, G. H. Levitas, E. H. Lewis, P. B. Lowrey, S. Matthews, C. Mauldin, A. T. McClatchey, D. F. McDaniell, H. L. Merritt, Janet Miller, M. Minge, J. L. Moate, M. E. Moore, Don C. Moore, J. H. Moreland, C. C. Murphy, T. B. Nash, N. J. Newton, A. S. Nimmer, S. D. Northcutt, L. D. Pafford, R. Paris, J. W. Parrish, A. L. Phillips, G. S. Ragland, J. F. Rainey, H. Reaves, H. L. Roach, T. A. Ross, Ben B. Rowland, E. L. Rush, Dewey Russell, H. P. Savage, C. P. Scarlett, R. M. Shields, I. L. Sims, W. A., Jr. Smith, W. L. Stalnaker, P. Starnes, R. L., Jr. Steis, W. B. Sullivan, B. J. Sweat, Ottis Thomas, G. Thompson, A. W. Thompson, R. Threadgill, J. E. Tye, J. R. Underwood, J. C. Vaughan, D. N. Vaughn, C. R. Wamble, B. M. Ward, B. Wiggins, W. Wilson, J. M. Wood, J. T. Those members not voting were as follows: Adams, G. D., Jr. Alexander, W. H. Bennett, J. T., Jr. Berry, C. E. Bond, J. Branch, E. O. Brantley, H. L. Caldwell, J. L. Gates, G. Clarke, H. G. Conner, J. Cooper, J. R. Crowe, William Dean, N. Dickinson, R. K. Dorminy, A. B. C. Fallin, B. G. Fleming, W. M., Jr. Funk, A. J. Gay, C. D. Hadaway, J. H. Hale, M. J. Hamilton, Mrs. H. Higginbotham, J. Hutchinson, R. S. Johnson, A. S. Johnson, B. Jordan, W. H. Laite, W. E. Lane, Dick Lee, W. S. Longino, Y. H. Lovell, F. Magoon, H. Malone, W. B. Mason, J. D. McCracken, J. R. Melton, Q., Jr. Mullinax, E. G. Nessmith, P. Oglesby, J. W. Otwell, J. A. Palmer, T. C., Jr. Parker, C. A. Parker, H. W. Peterson, D. C. Pickard, Mac Potts, G. W. Shanahan, T. L. Shuman, Jack Simmons, H. Smith, J. R. Smith, V. T. Snow, Wayne, Jr. Turner, C. Walling, R. H. Ware, J. C. Wells, H. H. Williams, W. M. Mr. Speaker On the election of a member of the State Election Board, Mr. Simkins re ceived 35 votes, Mr. Blanks received 110 votes. The Honorable W. F. Blanks of Montezuma, Georgia was declared duly elected by the House as a member of the State Election Board to serve until the 1969 Session of the General Assembly, at which time his successor shall be duly elected by the House of Representatives as provided by law. FRIDAY, MARCH 17, 1967 2177 The following Resolution of the Senate was read and adopted: SR 133. By Mr. Cog-gin of the 35th: A RESOLUTION Relative to the adjournment of the General Assembly; and for other purposes. BE IT RESOLVED BY THE SENATE, THE HOUSE OF REP RESENTATIVES CONCURRING, that the General Assembly do here by adjourn sine die March 17, 1967 at 6:00 o'clock p.m. Pursuant to SR 133, the Speaker announced the House adjourned sine die. The following interim committee reports were received: 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 BANKING LAWS STUDY COMMITTEE (House Resolution No. 337) THE COMMITTEE Honorable Devereaux F. McClatchey Honorable W. B. Malone Representative, 138th District Representative, 117th District Honorable Norman B. Doster Representative, 73rd District Honorable Jimmy D. NeSmith Representative, 43rd District Honorable James M. Hull, Jr. Representative, 104th District Honorable John H. Sherman, Jr. Representative, 105th District Honorable J. Robert Tye Representative, 115th District January, 1967 INTRODUCTION: The Banking Laws Study Committee was created by the Speaker of the House of Representatives pursuant to the authority to create interim committees contained in House Resolution No. 337. The Speaker appointed the following members to the Committee: Honorable Devereaux F. McClatchey Honorable W. B. Malone Representative, 138th District Representative, 117th District Honorable Norman B. Doster Representative, 73rd District Honorable Jimmy D. NeSmith Representative, 43rd District Honorable James M. Hull, Jr. Representative, 104th District Honorable John H. Sherman, Jr. Representative, 105th District Honorable J. Robert Tye Representative, 115th District 2178 JOURNAL OP THE HOUSE, Representative Devereaux F. McClatchey was designated Chairman of the Com mittee by the Speaker of the House of Representatives. Representative John H. Sherman was elected Vice Chairman and Representative J. Robert Tye was elected Secretary by the Committee. FINDINGS: The Committee was created for the dual purpose of determining whether or not new or amendatory banking legislation should be introduced at the 1967 Session of the General Assembly of Georgia and to study the possibility and feasibility of centralizing the computer operations of all of the departments of state government. As to whether or not the new or amendatory banking legislation should be introduced, the Committee heard from Mr. W. M. Jackson, Superintendent of Banks; Mr. Frank Lindsey, Executive Vice President of the Georgia Bankers Association; Mr. Cecil H. Bames of the Bank of Augusta; and Mr. James A. Ross of the Exchange Bank of Ludowici. Mr. Barnes recommended to the Committee that the Regulated Certificated Banking Act, which was enacted at the 1966 Session of the General Assembly of Georgia, be amended to eliminate the provisions which require that the language "Regulated Certificated Bank--Deposits Not Insured" be contained on the face of checks drawn upon such banks. Mr. Barnes stated that he did not believe that this language was necessary. He stated that these checks are transmitted, during the course of business, all over the United States and cause unneeded problems, because the people who handle these checks im mediately think that the banks upon which such checks are drawn are in a shakey or insolvent condition when, as a matter of fact, this is not the case. Mr. Jackson followed Mr. Barnes as a speaker and testified that he be lieved that the language "Regulated Certificated Bank--Deposits Not Insured" should be contained on checks drawn upon such banks when their deposits are uninsured for the protection of the public and recommended that the Regulated Certificated Banking Act remain unchanged. Mr. Frank Lindsey also stated that he felt that any amendment to the Regulated Certificated Banking Act would be a retrograde movement and he also recommended no change in the Act. Mr. James A. Ross of the Exchange Bank of Ludowici testified at one of the meetings of the Committee that he and a majority of the other members of the Private Bankers Association felt that the effective date of the Regulated Certificated Banking Act should be extended to give the private bankers addi tional time to comply with the provisions of the Act. He stated that there was a lot of misunderstanding insofar as the Regulated Certificated Banking Act is concerned and that many private bankers thought that they had to raise the capital required by the Act before applying for a Regulated Certificated Bank Certificate. The Georgia Bankers Association presented several questions to its mem bership relative to new or amendatory banking legislation, and all of the questions were answered in the negative except the questions pertaining to countywide banking. The questions relating to countywide banking were ap- INTERIM COMMITTEE REPORTS 2179 parently ambiguous because one was answered in the affirmative and the other was answered in the negative. This question is being resubmitted for clarifica tion. It is possible that the Georgia Bankers Association will wish to propose a bill relative to countywide banking depending upon the result of the countywide banking question which is being resubmitted to the membership of the Georgia Bankers Association. Insofar as the centralization of computer operations in State government is concerned, the Committee believes that the idea has merit, but the Committee has been limited in the time available to it to fully explore this idea. The Com mittee would like to commend the Governor for establishing the "State Computer Service Center" in the Office of the State Auditor by Executive Order. This Center, as we understand it, would service small agencies of State government which do not have computers. However, there is a possibility that the six large departments which presently own or lease computers could combine their opera tions, or a portion of their operations, so as to effect a savings and also to pro vide for time sharing of the computers with other agencies which cannot afford to own or lease computers. The Committee heard testimony from Mr. Robert L. Alien, Director of Data Processing for the State Revenue Department, who explained the operation of the Data Processing Division of the State Revenue Department. He stated that the State Revenue Department is in the process of establishing a new computer and that they will transfer their present computer to the State Computer Service Center which the Governor created by Executive Order in the Office of the State Auditor. The Committee also heard from the State Auditor, Mr. Ernest Davis, who explained the growth of computer operations in state government from the early beginning to the present time. Mr. Davis stated that he did not feel that a centralized computer system, in state government was feasible. He did agree, however, that there were some areas in which time sharing of computers could be effectively utilized. RECOMMENDATIONS: 1. The Committee recommends that no legislation be introduced at the present time to change the Regulated Certificated Banking Act or to amend the banking laws. 2. The Committee recommends that a new committee be created to continue the study to centralize computer operations in state government or to combine portions thereof so as to effect a savings in computer operations in state govern ment for the taxpayers of Georgia. The members of the Committee wish to express their sincere appreciation to all of the persons who appeared and testified before the Committee. Respectfully submitted, /s/ Devereaux F. McClatchey Chairman Representative, 138th District 2180 JOURNAL OF THE HOUSE, /s/ John H. Sherman Vice Chairman Representative, 105th District /s/ J. Robert Tye Secretary Representative, 115th District /s/ Norman B. Doster Member Representative, 73rd District /s/ James M. Hull, Jr. Member Representtive, 104th District /s/ W. B. Malone Member Representative, 117th District /s/ Jimmy D. Nessmith Member Representative, 43rd 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 HOUSE DAY CARE CENTERS FOR MENTALLY RETARDED STUDY COMMITTEE (House Resolution No. 373) ******** THE COMMITTEE Honorable W. Lance Smith Representative, 114th District Chairman Honorable Curtis C. Herndon Representative, 74th District Honorable Benjamin D. Brown Representative, 135th District THTonorab,,le Ben B. Ross Representative, 31st District Honorable J. Terrell Webb Represenjtatii-ve, 6nr5-tnh DT-x'isJt_ ri'cJt_ December, 1966 TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS. REPORT OF HOUSE DAY CARE CENTERS FOR MENTALLY RETARDED STUDY COMMITTEE INTRODUCTION: Pursuant to the authority granted to House Resolution No. 373, Honorable George T. Smith, Speaker of the House of Representatives, created an interim INTERIM COMMITTEE REPORTS 2181 legislative study committee to be known as the House Day Care Centers for Mentally Retarded Study Committee. The purpose of the Committee was to study the advisablility of authorizing the Department of Public Health to assist day care centers in the care of the mentally retarded. The following members of the House of Representatives were appointed to serve on said Committee: Honorable W. Lance Smith Representative, 114th District Honorable Benjamin D. Brown Representative, 135th District Honorable Curtis C. Herndon Representative, 74th District Honorable Ben B. Ross Representative, 31st District Honorable J. Terrell Webb Representative, 65th District Honorable W. Lance Smith, Representative, 114th District, was designated as Chairman of the Committee and Honorable Curtis C. Herndon, Representative, 74th District, was designated Secretary of the Committee. PURPOSE: The purpose of this Committee in studying day care centers for the mental ly retarded is to bring to the attention of the citizens of the State of Georgia and specifically to the members of the General Assembly of Georgia, the need for care, training and education of the mentally retarded in day care centers. It is further the purpose of this Committee to make recommendations to the General Assembly of Georgia and to the Department of Public Health concerning the expenditure of State funds on a participating basis with local communities for the promotion of financial assistance of private day care centers throughout the State of Georgia. This Committee met and reviewed the facilities of day care centers in the State of Georgia and found them to be operated with only limited local funds and without the assistance of State funds. The operations of said facilities are primarily financed with contributions by private persons, public organizations and tuition. Pursuant to an Act approved February 18, 1966 (Ga. Laws 1966, p. 31) providing supplementary appropriations, the sum of $50,000.00 was appropriated for the Fiscal Year 1966-67 to the Department of Public Health for day care centers for mentally retarded. The said sum was appropriated for the purpose of implementing an Act approved March 10, 1966 (Ga. Laws 1966, p. 374) authorizing the Department of Public Health to participate in the financing of public, nonprofit day care centers for mentally retarded children that are ap proved by the Department. Pursuant to the provisions of said Act, the Depart ment was authorized to classify such centers and to promulgate reasonable rules and regulations and set standards relative thereto. The appropriation as disbursed to day care centers on a local participation formula. The formula established by the Department of Public Health was on the basis of 50 percent State funds, to be matched with 50 percent local funds. 1. Said State funds are paid over to the local county boards of health. 2182 JOURNAL OF THE HOUSE, 2. The county boards of health contract with day care centers to supply funds representing 50 percent of the cost per person per day for training, care and education. 3. The indigence of a person is also a factor in calculating the amount of State participation. It should be called to the attention of those concerned that when this Study Committee began its work that the funds appropriated for this use had not been disbursed; however, as of the drafting of this report, funds are being disbursed. There are over thirty day care centers throughout the State of Georgia in need of State assistance. Even though all have not applied for funds, it is ex pected that all will apply once this program becomes known and more emphasis is put on the program by the State. RECOMMENDATIONS: In order to insure the continuance for expansion of the program authorized in the Act approved March 10, 1966, it is the recommendation of the Committee that: 1. The State of Georgia, through the Department of Public Health, continue to participate with local communities in financing day care centers for the mental ly retarded. 2. The State continue such financing on a matching basis with the local communities. 3. The General Assembly appropriate $300,000.00 for such purpose and that authority be granted to use such appropriation for the care, training, educa tion and cost of transportation of the mentally retarded. Respectfully submitted, HOUSE DAY CARE CENTERS FOR MENTALLY RETARDED STUDY COMMITTEE (H. R. No. 373) December 1, 1966 Honorable George T. Smith, Speaker House of Representatives State Capitol Atlanta, Georgia 30334 Mr. Speaker: The Invasion of Privacy Study Committee, appointed pursuant to House INTERIM COMMITTEE REPORTS 2183 Resolution No. 304, has met, concluded its study and submits herewith a report of its activities, findings and recommendations. CET:bcs Sincerely Yours, /s/ Elliott H. Levitas Elliott H. Levitas Chairman REPORT OF THE INVASION OF PRIVACY STUDY COMMITTEE INTRODUCTION This Committee was created pursuant to HR 304, adopted at the 1966 ses sion of the General Assembly. The Speaker of the House of Representatives ap pointed the following members of the House to the Committee: Representatives Elliott H. Levitas, W. Mobley Howell, Harry Mixon, W. Ross Snellings, George H. Carley and Milton Jones. BACKGROUND The State of Georgia has been in the forefront in preserving to its citizens the right of privacy. In the landmark decision rendered in the case of Pavesich vs. New England Life Insurance Company, 122 Ga. 190 (1904), the Georgia Supreme Court upheld for the first time in the United States the right of an individual to maintain a civil action for an invasion into his privacy. This right has been nurtured and developed by the Georgia courts during the years since this historic decision, and has made itself a part of the fabric of this State's thinking and outlook upon the subject. In addition to the Pavesich case, the General Assembly of Georgia has adopted statues designed to prohibit in vasions into the privacy of its citizens and protect this most precious right. The last statutory enactment was in 1919. Interest was generated at the 1966 session of the General Assembly in the field of the invasions into the privacy of the citizens of this State by the intro duction of HB 18, which for the first time in many years was an effort toward the legislative prohibition and regulation of invasions into the privacy of private citizens and businessmen in the State of Georgia. As a result of the House Judiciary Committee's consideration of HB 18, this Committee was created to examine in depth the needs for legislation in this area. INVESTIGATIONS BY THE COMMITTEE In order to become acquainted with the particulars of the problems created by the regulation of electronic listening devices, the Committee invited persons interested in this area to appear before the Committee and provide the Com mittee with the benefit of their counsel and advice. The following individuals appeared and testified before the Committee: Crawford W. Pilcher, Chairman, Georgia Public Service Commission Vickers Neugent, Solicitor General, Alapaha Judicial Circuit and Pres ident of the Georgia Solicitors General Association 2184 JOURNAL OP THE HOUSE, Lewis R. Slaton, Solicitor General, Atlanta Judicial Circuit Lt. Fnsey, Atlanta Police Department Major B. G. Ragsdale and Captain Hutchins, Department of Public Safety Mr. Carl Hartrampf, partner, Creditors Mercantile Company H. A. Poole, Assistant to the Vice President, Southern Detectives, Inc. Graham George, General Attorney, Georgia Division, Southern Bell Telephone & Telegraph Company W. D. Bryant, Assistant Vice President, Southern Bell Telephone & Telegraph Company Mrs. Florence B. Robin, Executive Director, American Civil Liberties Union of Georgia Richard S. Maurer, Vice President and General Counsel, Delta Air Lines Richard Wilkins, Sears Roebuck and Company. In addition to receiving testimony from interested parties, the Committee in spected the service-observing activities of Southern Bell Telephone, Rich's Inc., and Delta Air Lines. A sub-committee was appointed for the purpose of inter viewing members of the staff of the Industrial Security School located at Fort Gordon, Georgia. The Committee also had demonstrated to them a representative cross-section of electronic eavesdropping and bugging devices. Numerous articles, statements and laws of other states were carefully axamined. FINDINGS The ability and facility of planting hidden electronic listening devices ("bugs") and of conducting long-distance eavesdropping has been brought to the attention of the public as a result of investigations conducted by the United States Senate, by legislative committees in other states, by this Committee, and the publicity given to such activities by the national and local press over the past few years. The use of these devices in the field of industrial espionage, stealing of tradesecrets, domestic relations disputes and other private investiga tion purposes has been made well-known. The abuses of electronic "bugging" and spying, both by overzealous governmental agencies and by unscrupulous or morbidly curious private individuals, have highlighted the need for a modern statute in this field. The state of the art of the miniaturization of electronics as well as the general advances in the technology of communications has made it possible for anyone desiring to do so to acquire the means to secretly overhear private con versations and observe activities which occur in private conversations and ob serve activities which occur in private places. The Committee, during the course of its study, collected catalogs which are devoted entirely to the promotion and sale of devices which would enable anyone with the desire and rather modest means to overhear the most private and personal conversations of another. Advertisements offering for sale such devices appear in magazines and period icals enjoying a national circulation. To quote from some of the copy of the ads, demonstrates the availability of such devices, their relative low cost and their nefarious nature: INTERIM COMMITTEE REPORTS 2185 "SENSITIVE 'MONITOR' PICKS UP SOUND . . . EVEN THROUGH WALLS You've seen James Bond use one of these Ultra-Sensitive Contact Microphones! Amazingly useful . . . may be fastened to wall . . . plugged into any tape recorder for crystal-clear, through wall sound pick-up. De tects baby's cries . . . noise of prowlers -- defects in motors and engines-- and could be great entertainment when the teevee conks out. Sensitive enough to pick up heartbeat. May be used with any amplifier. Precisionbuilt for lasting service. $19.98." "TELEPHONE SNOOPER A private ear-a spy phone--an ingenious listening-in-device. Not a toy! This is a precision electronic instrument, adapted from the military. During World War II, this electronic snooper played a vital part in cloak-and-dag ger intrigue. Now offered for civilian benefit. Amazingly simple to use--no wires to attach. Merely place thinner-than-a-cigarette-pack unit next to any phone, and hear or record any 2-way conversation, without touching receiver. Weighs a mere 1 1/2 ounces, fits into pocket. Complete with ear phones, long wire. $12.98." An individual not caring to purchase and install such a listening device at his own instance, merely has to devote enough time and energy to complete a handful of telephone calls to agencies listed in the yellow pages of the telephone directory in order to have this service accomplished for him by another, charges for such service being not so modest; but yet the availability and capability of having conversations and activities which are supposedly private in nature read ily monitored exists. One of the witnesses appearing before the Committee informed the members that his business regularly received on an average of two calls a week request ing such a service, although his company does not provide these services. It was determined by the Committee that the necessity of the protection of the privacy and elimination of growing practices of snooping and spying requires a new comprehensive statute in keeping with the great tradition of Georgia's protection of the individual's privacy and end the serious intrusion of personal and business privacy. One approach to the problem which was urged upon the Committee was the adoption of legislation which would absolutely and without exception prevent anyone, including law enforcement officers, from employing any device which would permit another to overhear any private conversation which takes place in any private place. While this approach to the problem is very attractive and unquestionably has the virtue of being the surest safeguard to privacy of individuals, there are many practical drawbacks to such an approach. Perhaps the most outstanding of which would be to deny to law enforcement officers an effective tool and means to prevent the commission of crimes and the detection and apprehension of offenders. Another objection is the hardship which would be worked upon legitmate business interests who, for training and quality control of service pur poses, find it useful to employ service-observing equipment on their telephonic communication system. For the purpose of clarification, service-observing equip- 2186 JOURNAL OF THE HOUSE, ment are devices which are made available by telephone companies to subcribers which makes it possible to intercept and overhear telephonic communications without interference or notice to the communicants that their conversation is being monitored. This equipment presumably would be used for training and quality control of service purposes. However, such equipment in the hands of irresponsible parties enables and affords an opportunity to invade the privacy of the citizens of this State in their telephonic communications. The Committee has drafted and plans to introduce legislation at the 1967 session of the General Assembly which will enable law enforcement officers, under warrants issued by the superior court, to employ eavesdropping devices when certain enumerated crimes have been committed or there is reasonable ground to believe such crimes are about to be committed. The laws of other states have been studied, and the safeguards and procedures written into the draft bill are considered to be the most effective yet noted. This legislation contains a provision authorizing the use of service-observing equipment under a license granted by the Georgia Public Service Commission after the Public Service Com mission has been satisfied that a legitimate business use requires the employment of such equipment and under strict regulations governing its use and prohibiting its abuse by the subscriber. The proposed legislation also requires telephone companies employing service-observing equipment for their own business pur poses to establish practices and procedures governing such use so as to insure reasonable privacy of communication, and to file the same with the Georgia Public Service Commission and to provide directory notice. The Committee fully realizes that any exception to legislation which is designed to prohibit electric eavesdropping and wire-tapping affords an op portunity for an abuse of the privilege granted. It is the intent and purpose of the legislation to, as nearly as possible, eliminate abuses of thisi privilege. In drafting the legislation recommended by the Committee, the Committee has kept in mind the leading decisions of the federal judiciary as they pertain to admissibility of evidence obtained by electronic listening devices, as well as the statutes passed by the United States Congress in this area, and in particular Section 605 of the Federal Communications Act. It has been the intent and pur pose of the Committee to maintain a consistency with these decisions and statutes in the proposed legislation. During the course of the Committee's study, public hearings were held and members of the public invited to attend and present their views. At these hearings the thoughts and recommendations of all parties interested in this field were duly noted and in each instance where a legitimate interest was presented to the Committee, their interests wre taken into consideration in the preparation of this legislation. Spokesmen in the law enforcement field have indicated that they desire the enactment of legislation which would permit their use of such devices as have been mentioned in this report, but, at their urging, under strict safeguards and procedures establised by the General Assembly. This has been done in the legislation which the Committee recommends to the 1967 General Assembly. Outside of law enforcement agencies operating under the procedures out lined, the Committee can find no legitimate need or purpose for anyone in this State to possess, sell or employ any device which by its size and design will enable any individual to secretly overhear and intercept private conversations. In short, electric bugging devices will simply be banned under the proposed law. INTERIM COMMITTEE REPORTS 2187 RECOMMENDATIONS Not since 1919, has the General Assembly come to grips with the problem of eavesdroppers and peeping toms. The technological and scientific developments in the fields of electronics and communication requires a reexamination of this state's position in regard to the duty of the General Assembly to protect the citizens of this State from invasions upon their personal privacy. Therefore, the main purpose of the proposed legislation is to protect and enhance the security of an individual's privacy - of his right to be left alone in a world in which privacy is becoming an increasingly rare and cherished right and need. At the same time the obligation exists upon the part of the General Assembly to protect legitimate business interests and not to cause unnecessary burdens on them or to shackle needlessly law enforcement agencies from using modern equip ment when criminal elements make use of equally modern equipment. The bill which the Committee has prepared and which is attached as a part of this re port is the Committee's recommendations to the General Assembly which will discharge this responsibility. The Committee invites the scrutiny of the entire membership of the General Assembly and the general public of this proposed legislation and unanimously recommends to the 1967 General Assembly its adoption. Respectfully submitted, /s/ Elliott H. Levitas Elliott H. Levitas, Chairman Representative, 118th District /s/ W. Mobley Howell W. Mobley Howell, Vice Chairman Representative, 86th District /s/ George H. Carley George H. Carley, Secretary Representative, 117th District Is/ Milton Jones Milton Jones, Member Representative, 112th District /s/ Harry Mixon Harry Mixon, Member Representative, 81st District Is/ W. Ross Snellings W. Ross Snellings, Member Representative, 104th District A BILL To be entitled an Act to amend Code Chapter 26-20, relating to the offenses of "peeping torn" and eavesdropping, so as to provide that it shall be unlawful to overhear, transmit or record certain con- 2188 JOURNAL OF THE HOUSE, versations; to provide that it shall be unlawful to observe, photograph or record certain activities; to provide that it shall be unlawful to go on or about the premises of another or any private place for the pur pose of invading the privacy of another; to provide that it shall be unlawful to intentionally and secretly intercept messages sent by tele phone, telegram, letter or any other means of private communications; to prohibit the divulgence of private message intercepted lawfully; to prohibit other acts tending to invade the privacy of another; to de fine the offense "peeping torn"; to provide that it shall be unlawful for anyone to be a "peeping torn"; to prohibit the possession, sale and distribution of certain devices; to authorize law enforcement officers to conduct surveillance of offenders or suspected offenders; to provide the procedure connected therewith; to provide for certain exceptions to the foregoing offenses; to authorize certain licensees to employ equipment which will intercept telephonic communications; to provide the procedure connected with the foregoing; to authorize the inter ception and recording of certain messages; to provide that no evidence obtained in a manner which violates said Chapter shall be admissible, except to prove violations thereof; to prohibit the introduction into evidence of any privileged communication; to define certain terms; to provide penalties; to provide for severablility; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Code Chapter 26-20, relating to the offenses of "peep ing torn" and eavesdropping, is hereby amended by striking in its en tirety said Chapter and inserting in lieu thereof the following: "Section 26-2001. It is the public policy of this State and the purpose and intent of this Chapter to protect the citizens of this State from invasions upon their privacy. This Chapter shall be constructed in light of this expressed policy and purpose. The employment of devices which would permit the clandestine over hearing, recording or transmitting of conversations or observing of activities which occur in a private place has come to be a threat to an individual's right of privacy and, therefore, should be pro hibited. It is further the purpose of this Chapter to provide to authorized law enforcement officers modern methods of crime de tection and prevention under strict procedures and safeguards. "Section 26-2002. It shall be unlawful for (a) any person to intentionally overhear, transmit, or record, or attempt to overhear, transmit, or record the private conversation of another which shall originate in any private place; (b) any person, through the use of any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view; (c) any person to go on or about the premises of another or INTERIM COMMITTEE REPORTS 2189 any private place for the purpose of invading the privacy of another by overhearing their conversations of observing their activities; (d) any person to intentionally and secretly intercept by the use of any device or apparatus a message sent by telephone, tele graph, letter or by any other means of private communication; (e) any person to divulge to any unauthorized person or authority the content or substance of any private message inter cepted lawfully in the manner provided for hereinafter in Code Section 26-2006; or (f) any person to commit any other acts of a nature similar to those set out in Subsections (a) through (e) which tend to in vade the privacy of another. "Section 26-2003. It shall be unlawful for any person to be a 'peeping torn' on or about the premises of another, or to go about or upon the premises of another for the purpose of becoming a 'peeping torn'. As used in this Section, the term 'peeping torn' means one who peeps through windows or doors, or other like places, on or about the premises of another, for the purpose of spying upon or invading the privacy of the persons spied upon, and the doing of any other acts of a similar nature, tending to invade the privacy of such persons. "Section 26-2004. Other than law enforcement officers per mitted by this Chapter to employ such devices, it shall be unlawful for any person to possess, sell, offer for sale, or distribute any eavesdropping device. An eavesdropping device shall mean any instrument or apparatus which by virtue of its size, design and method of operation has no normal or customary function or pur pose other than to permit the user thereof to secretly intercept, transmit, listen to or record private conversations of others. "Section 26-2005. (a) Nothing in this Chapter, except con cerning activities involving the use of devices for purposes of sur veillance, shall prevent duly constituted officers of the law from performing their official duties in ferreting out offenders or sus pected offenders of the law, or in secretly watching a person suspected of violating the laws of the State or any subdivision thereof, for the purpose of apprehending such suspected violator. In the case of use of any devices by such law enforcement officers in connection with the surveillance of offenders or suspected of fenders, any law enforcement officer, acting in accordance with the procedures provided for hereinafter may conduct surveillance of suspected violators of the law, when there is probable cause to believe that such persons are committing any acts which endanger the national security of the United States or the security of this State, or have probable cause to believe that such persons are committing treason, insurrection, rebellion, espionage, sabotage, any felony involving bodily harm, or any crime involving kid napping, narcotics, dangerous drugs, prostitution, blackmail, ex tortion, bribery, gambling or alcoholic beverage laws of this State, 2190 JOURNAL OF THE HOUSE, or the United States, or shall have probable cause to believe that such private places are being utilized for the commission of any such crimes. (b) Upon the written application of any solicitor general, on oath or affirmation, that there is probable cause to believe that a person is committing, or that a private place is being utilized for the commission of any of the crimes enumerated in this Section, and which particularly describes the person or place, the probable cause and the crimes, any judge of the superior court may issue an investigation warrant for the surveillance of such persons or places, which shall specify the purposes, duration and circum stances of its use. (c) Any officer named in an investigation warrant issued under this Chapter is, as to the purpose and circumstances specified, excepted and exempted from the prohibitions and penalties hereof, but nothing in this Section 26-2005 shall authorize the commission of a trespass into or upon any private place. (d) Investigation warrants issued under this Chapter shall expire after not more than thirty (30) days, subject to renewal for one period not to exceed thirty (30) days for good cause shown. (e) Evidence obtained in conformity with this Chapter shall be admissible only in a prosecution for the crimes specified in the investigation warrant, in the courts of this State having felony and misdemeanor jurisdiction. (f) The aplication for any investigation warrant under this Chapter and any supporting evidence in connection therewith, shall remain confidential in the custody of the judicial officer and shall not be released, or information touching them in any manner dis closed except upon written order of a judge of the superior court of the circuit issuing same, or at the time of trial of the case in which such evidence is used or in which evidence derived from such surveillance is used. "Section 26-2006. (a) Nothing contained within Code Section 26-2002 shall prohibit the employment and use of any equipment or device which is furnished by any telephone company authorized to do business in this State under proper tariffs filed with and approved by the Georgia Public Service Commission, which may be attached to any telephonic equipment of any subscriber to such equipment which permits the interception of telephonic communica tions solely for the purposes of business service improvement when the subscriber to such facilities and equipment shall have duly applied for and obtained from the Georgia Public Service Com mission a license for the employment and installation of such equipment. No license shall be issued until the applicant shall have demonstrated to the Georgia Public Service Commission a clear, apparent and logically reasonable need for the use of such equip ment in connection with a legitimate business activity of the sub scriber and shall demonstrate to the satisfaction of the Com- INTERIM COMMITTEE REPORTS 2191 mission that it will be operated by persons of good moral character and that said equipment will be used in a lawful manner and in conformity with the tariffs filed for such equipment. The Geor gia Public Service Commission is authorized to establish the neces sary procedures to be employed and followed in applying for such permits and to require from the subscribers of such equipment the furnishing of any reasonable information required by the Com mission in regard to the intended and actual use of such equipment. (b) The Georgia Public Service Commission is authorized to revoke any license and to order any telephone company supply ing such equipment to remove from the premises of the licensee such equipment when it shall be established to the satisfaction of the Commission that such equipment is being used in an unlawful manner, contrary to the tariff applicable to such equipment, or in a manner contrary to the purposes and uses for which the license had been issued. Such licenses may also be revoked by the Com mission if it shall subsequently be discovered that a material mis representation of fact shall have been made in applying for the license. The Georgia Public Service Commission is authorized to promulgate such rules and regulations in connection with the licensing and revocation thereof of such users of said equipment as will enable it to carry out the purposes, duties and responsibili ties imposed upon the Commission by this Section. Such rules and regulations shall afford to any aggrieved licensee an opportunity to a full and impartial hearing before the Commission. The Com mission shall further have the authority to adopt any and all ap propriate rules and regulations of any sort to insure the privacy of telephonic and telegraphic communications. A violation of such rules and regulations shall be a violation of this Chapter. (c) All telephone companies shall have printed in the next and any subsequent directory, in a conspicuously accessible location within their directories, a notice to the public that there is avail able at the business office of the telephone company served by the directory a list of subscribers of such equipment which will be made available to any member of the general public requesting the same from such companies. (d) The provisions of this Chapter shall not apply to acts by duly authorized employees of any telephone company regulated by the Public Service Commission, with regard to the reasonable and limited intercepting of telephone communications under cir cumstances reasonably calculated to assure the privacy of telephone communications when such interception is accomplished solely for the purpose of maintaining the quality of service furnished to the public or for the purpose of preventing the unlawful use of tele phone service. All such telephone companies shall adopt regulations and procedures governing the use of equipment which permits the interception of telephone messages by their employees and file the same with the Georgia Public Service Commission. After being filed with the Commission, such regulations and procedures shall be public records. "Section 26-2007. Nothing contained in Code Section 26-2002 shall prohibit the interception and recording of a message sent 2192 JOURNAL OF THE HOUSE, by telephone, telegraph, letter or other means when the sender or receiver thereof shall consent thereto or to those instances wherein the message shall be initiated or instigated by a person and the message shall constitute the commission of a crime or is directly in the furtherance of a crime, provided at least one party thereto shall consent. "Section 26-2008. No evidence obtained in a manner which violates any of the provisions of this Chapter shall be admissible in any court of this State, except to prove violations of this Chapter. "Section 26-2009. Nothing contained within this Chapter shall permit the introduction into evidence of any communication which is privileged by the laws of this State, or by the decisions of the appellate courts thereof. "Section 26-2010. As used within this Chapter, the term 'private place' means a place where one may reasonably except to be safe from casual or hostile intrusion or surveillance. A 'device' means an instrument or apparatus which involves in its operation electricity, electronics, infrared, laser or similar beams. "Section 26-2011. Any person violating the provisions of this Chapter shall be guilty of a felony and upon conviction thereof, shall be punished by imprisonment in the penitentiary for not less than two nor more than five years, and a fine not to exceed $10,000." Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or un constitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sen tence, clause or phrase so declared or adjudged invalid or unconstitu tional were not originally a part hereof. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS. ******** REPORT OF LAKES AND RIVERS STUDY COMMITTEE (House Resolution No. 303) ******** THE COMMITTEE G. D. Adams, Jr. Representative, 125th District Chairman H. M. Barfield Representative, 95th District Member INTERIM COMMITTEE REPORTS 2193 C. Ed Berry Representative, 110th District Member Charlie L. Carnes Representative, 129th District Member William J. Cox Representative, 127th District Member INTRODUCTION Pursuant to the authority contained in House Resolution Number 303, the Lakes and Rivers Study Committee was appointed by the Speaker of the House of Representatives for the purpose of making a comprehensive study of the pub lic facilities existing on the lakes, rivers, and streams of the State to determine if any renovation of present facilities or construction of additional facilities is needed, and to recommend legislation to improve facilities for both fishermen and pleasure boaters. The Speaker appointed the following members of the House to the Committee: Representative G. D. Adams, Jr. of the 125th District, Chairman; Representative H. M. Barfield of the 95th District; Representative G. Ed Berry of the 110th District; Representative C. L. Carnes of the 129th District; and Representative William J. Cox of the 127th District. During the course of the Committee's study, the Director of the State Game and Fish Commission, the Assistant Director, the State Boating Administrator, and field personnel of the department were interviewed. During the travels of the Committee over the State, boating enthusiasts and fishermen from all parts of the State were informally interviewed by the Committee. All these people gave the Committee the benefit of their counsel and advice on existing and needed facilities. This valuable information, together with the observations of the Com mittee during its travels, constitutes thei basis for the following report. BACKGROUND In 1960, the General Assembly passed the Georgia Motorboat Numbering Act (H. B. No. 764). This Act provided for the registration of all water craft carrying motors in excess of 10 horsepower. This Act also provided for the regulation of all water craft whether powered or not. In the first year of registration, approximately 24,000 boats were registered. An additional 17,644 boats not requiring registration were estimated to be in use making a total of 41,644 boats in operation within our State in 1960. By 1965, Georgia had ap proximately 105,759 boats in operation within the State, an increase of 153 per cent in this six-year period. This figure also represents approximately 317,277 boating enthusiasts in our State. Several facts point up to the importance of watercraft use in our State and help explain the tremendous growth and popularity of boating, (a) The City of Atlanta, during 1965, ranked seventh in the nation among the landlocked cities in sales of outboard motors, (b) The State of Georgia ranked sixteenth in the nation in outboard motor sales during the same period, (c) Pishing in Georgia is constanly improving as a result of research and sound management, (d) Georgia's pleasure boaters may choose between our 3,000 miles of major streams, 308,847 acres of existing reservoirs, or 1,000 miles of coastline. It should 2194 JOURNAL OF THE HOUSE, be pointed out here that Congress has recently approved, authorized, or ap propriated $114 million for navigation, flood control, and watershed programs in Georgia. Major projects now underway, or expected to be underway soon, are the Troller Shoals Dam and Middleton Shoals Dam on the Savannah River. Sprewell Bluff, Lower Auchumphee Creek and Lazer Creek Dams on the Flint River, West Point Dam on the Chattahoochee River, and Carters Dam on the Coosawatee River. These projects will provide an additional 92,600 acres of recreational waters for Georgia. FINDINGS OF THE COMMITTEE As mentioned before, the fishing potential of Georgia streams is extremely good but these streams are poorly utilized and are not easily accessible for boats. At the present time public launching facilities on these streams are virtu ally nonexistent. The same is true of the twelve TVA and private power re servoirs in the State. In traveling throughout the State on its inspection tours of Georgia's lakes and rivers, the Committee was very fortunate in having the facilities of the State Game and Fish Department available to make photographs which clearly demonstrate Georgia's problems with regard to boat launching facilities. Because of the expense involved and other factors, it was not feasible for the Committee to reproduce these photographs in sufficient quantity to be included as exhibits in this report. The remarks that follow refer to these photographs, however, which have been marked to tie in with the exhibit numbers mentioned, and interested members may contact the Chairman of this Committee or the State Game and Fish Department in order to view these photographs. Exhibit No. 1 is a partial view of Lake Tugaloo in northeast Georgia, This 597-acre impoundment, even though it has some of Georgia's finest fishing and boating waters, is accessible in only one place. This "ramp" is shown in Exhibit No. 2 and consists of a gully where water off the mountain runs into Lake Tuga loo. Due to the inaccessibility, the only boats which are now being used on Tuga loo are the bateau type which are built, drug into the lake, and left there per manently. As far as can be determined by this Committee, this in the only lake in the State that is almost completely inaccessible. One of the most heavily used streams in the State is the Chattahoochee River south of the dam at Buford. This has become one of our most popular trout streams. Exhibit No. 3 shows one of the existing facilities on this stream, while Exhibit No. 4 shows the only other launching area existing on this 32mile stretch of trout stream. Exhibit No. 5 shows one of the existing "launching ramps" on the Alapaha River near Statenville. Exhibit No. 6 shows the erosion that can be expected when launching areas are not properly planned and located. Exhibit No. 7 shows this same type of erosion on a concrete ramp. Exhibits No. 8 and 9 show one of the few existing non-commerical launching ramps on one of Georgia's major reservoirs. Exhibit 10 shows the only existing ramp on one of Georgia's many small watershed impoundments. Exhibit No. 11 shows a launch ing area on the Suwanee River near Fargo, Georgia; and Exhibit 12 shows one of the existing areas on the St. Mary's River. Not all sections of the State fare quite so badly. Exhibit No. 13 shows a concrete ramp on the Oconee River near Dublin; and Exhibit No. 14 shows a section of the parking area at the same ramp. It is interesting to note that a INTERIM COMMITTEE REPORTS 2195 number of vehicles are shown parking in this area even though this picture was made during- the middle of the week and not during a peak-use period. Two particular observations were made by this Committee with regard to U. S. Army Corps of Engineers impoundments in our State. First, their im poundments are the only ones providing adequate launching facilities. Secondly, their impoundments are the only ones in the State which provide restroom facilities and trash receptacles. It is the feeling of this Committee that restroom facilities are highly desirable where people congregate for re creation. We also feel that trash receptacles are a necessary item to help reduce the littering of Georgia's waterways. Such litter could easily become a major problem on our streams and reservoirs. Exhibits No. 15, 16 and 17 show launching facilities on Corps of Engineers impoundments. These are open to the public year-round, free of charge. Exhibits 18 and 19 show an excellent launching ramp provided by the City of Columbus on 2,150-acre Lake Oliver. These areas are open to the public year-round with out charge. Probably the only adequate launching ramp on a large stream with in this State is shown in Exhibit No. 20. This is the municipal ramp at Colum bus, Georgia, on the Chattahoochee River. Commercialism is also becoming a part of launching facilities. Exhibit No. 21 shows a privately owned launching ramp on Lake Blue Ridge in north Georgia. The notice to the public in this picture is quite interesting. Exhibit No. 22 is a privately owned ramp on Lake Harding in the western part of the State, and Exhibit No. 23 shows a privately owned ramp on Lake Blackshear in southwest Georgia. This Committee visited lakes and streams in 21 counties, viewing existing facilities. It is quite evident to this Committee that an immediate and broad pro gram in launching and boating ramp construction should be initiated as soon as funds can be appropriated. At the present time, the State Game and Fish Department and the Bureau of Outdoor Recreation are collaborating in a com prehensive outdoor recreation plan. One of the high priority development pro jects under this program is the development of launching facilities for recreation al use. Present plans call for the construction of 42 launching areas within the next year. While this Committee commends these organizations for their efforts, we feel that that this number of launching areas is totally inadequate and that it would be pratically impossible to relieve this acute shortage of launching sites within the next ten years unless ways are found to expand and expedite this program. The Land and Water Conservation Act provides Federal funds for water related projects. During the present fiscal year, this program is providing $100,000 to the State of Georgia on a 50-50 matching basis. Fifty thousand dollars is being matched by the State Game and Fish Department for public access areas. While this program is in its infancy, it is believed that these funds will provide some 42 launching areas which are planned for completion by June 30, 1967. The cost-per-area will run somewhat higher in these first areas be cause of the necessity of purchasing special equipment for the construction of these areas. Future cost-per-area is expected to be somewhat lower. It is the feeling of this Committee that the State matching funds should come from a source other than the State Game and Fish Department budget. 2196 JOURNAL OF THE HOUSE, All monies budgeted to this Department are badly needed for public fishing areas, public hunting areas, and the necessary related services. It is also the opinion of this Committee that the boating safety program within our State needs expanding and that funds need to be made available for this purpose. The first problem anticipated in attempting to expand either a boating facilities program or a boating safety program is a problem of locating a source of fin ance for the program. At the present time, some 20-odd states have adopted marine fuel tax programs allocating a portion of the fuel tax paid by marine users to boating facilities development and boating safety programs. States which apply marine fuel tax funds to boating are eligible for matching grants from the Federal Land and Water Conservation Fund Act, thereby stretching their money for these vital programs. Most states with a marine fuel tax pro gram have allocated a percentage of the total motor fuel tax collections. This percentage is usually the amount determined to be funds collected from marine fuel consumption. The percentage of total motor fuel tax collections which pro vide for boating facilities and boating safety programs in other states range from a low of 35/100 of 1 percent in Alabama to a high of 1.4 percent in Massachusetts. During the fiscal year, 1965, a survey of fuel usage in motorboats in Georgia was conducted by personnel in the Game and Fish Department. The primary purpose in this survey was to estimate the number of gallons of fuel purchased in Georgia and consumed in motorboats as well as to estimate the annual ex penditure involved and the amount of state and Federal tax paid. There is no possiblel way to document some of the figures used in the report; however, all the figures used were based on related information which would make the figures reasonably accurate. In a survey by an independent surveying firm, the North Carolina Wildlife Resources Commission was informed that the average con sumption by boats powered by machinery in excess of 10 horsepower was 137.5 gallons annually. Those motors under 10 horsepower were estimated to consume 75 gallons annually. Accepting these figures as the average for the State of Georgia, we find that the 65,759 registered boats would use approximately 9,947,780 gallons of gasoline annually. The 41,170 non-registered boats would total some 3,087,750 gallons of fuel annually for a total of 12,235,530 gallons. The State Tax on this total would run approximately $788,809.45. This is the figure Georgia boaters are now paying annually on taxes on gasoline used in their boats. Under the provisions of the Georgia State Constitution, all taxes paid on gasoline, including gasoline for boats, must be allocated to the State Highway Department. Under this arrangement, Georgia's boaters are contribut ing their fair share of highway taxes from the gasoline used in their automobiles, and they are contributing an additional 3/4 of a million dollars in taxes for gasoline used in their boats. It is the opinion of this Committee that steps should be taken to allocate the money collected from motorboat gasoline taxes for a boating facilities program and a comprehensive water safety program. RECOMMENDATIONS As a result of the Committee's findings and the foregoing considerations and observations, the Committee is of the opinion that a resolution proposing a constitutional amendment should be introduced and adopted at the 1967 session of the General Assembly which would amend the Constitution to provide for the automatic appropriation of a portion of motor fuel taxes to the State Game and Fish Department for the purpose of financing an adequate boating facilities development program and a boat safety program. Attached hereto and made a part of this report as Appendix 1 is a draft of a resolution proposing a con- INTERIM COMMITTEE REPORTS 2197 stitutional amendment to accomplish these objectives, and the Committee urges that it be adopted by the General Assembly and submitted to the people for ratification or rejection at the general election in 1968. ACKNOWLEDGMENT The Committee wishes to express its appreciation to Mr. Rosser Malone, Director of the State Game and Fish Department, and to Mr. Howard Zeller, Assistant Director, and Mr. Robert S. Baker, Program Coordinator, of that Department for the excellent cooperation given to the Committee in helping it carry out its duties and responsibilities. The Committee would also like to observe that while this report has attempted to point out the very serious need for certain facilities on Georgia's lakes and rivers, the absence of these facilities is in no way a reflection on the Game and Fish Department, and that De partment has done a commendable job within the limitation of the funds which have been made available to it. Respectfully submitted, /s/ G. D. Adams, Jr. G. D. Adams, Jr., Chairman Representative, 15th District /s/ Charlie L. Carnes Charlie L. Carnes Representative, 129th District /&/ C. Ed Berry C. Ed Berry Representative, 110th District /s/ William J. Cox William J. Cox Representative, 127th District /s/ H. M. Barfield H. M. Barfield Representative, 95th District APPENDIX I. A RESOLUTION Proposing an amendment to the Constitution so as to provide for the appropriation of a portion of motor fuel taxes to the State Game and Fish Commission for the purpose of financing the construction, maintenance and operation of boating- and fishing facilities and a boat ing safety program; 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 IX, Paragraph IV of the Con stitution as amended by amendment ratified at the 1952 general election and found in Georgia Laws 1951, page 649, an amendment ratified at 2198 JOURNAL OF THE HOUSE, the 1960 general election and found in Georgia Laws 1960, page 1297, is hereby amended by striking subparagraph (b) of Paragraph IV in its entirety and substituting in lieu thereof a new subparagraph (b), which shall read as follows: "(b) An amount equal to ninety-nine percent (99%) of all money derived from motor fuel taxes received by the State Trea surer in each of the immediately preceding fiscal years, less the amount of refunds, rebates and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1 of each year following for all activities incident to providing and maintaining an adequate system of public roads and bridges in this State, as authorized by laws enacted by the General Assembly of Georgia; and grants to counties for aid in county road construction and maintenance, as provided by law authorizing the State Trea surer to make such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act and said sum need not be specifically stated in any General Appropriations Acts passed by the General Assembly in order to be available for such purposes. In addition to all other funds ap propriated to the State Game and Fish Commission, one percent (1%) of all money derived from motor fuel taxes received by the State Treasurer is hereby appropriated to the State Game and Fish Commission for the purpose of financing the construction, maintenance and operation of boating and fishing facilities and a boating safety program within this State as may be provided by law. This provision shall not preclude the General Assembly from ap propriating for such purposes an amount greater than the sums specified herein. The expenditure of such funds shall be subject to all the rules and regulations and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this State, unless such provisions are in conflict with the provisions of this paragraph. And provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this State by land, sea or air, or in case of a major catastrophe, as proclaimed by the Governor, said funds may be utilized for defense or relief pur poses on the Executive Order of the Governor. The provisions of this amendment shall become effective January 1, 1969." Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "YES ( ) Shall the Constitution be amended so as to provide for the appropriation of a portion of motor fuel taxes INTERIM COMMITTEE REPORTS 2199 NO ( ) to the State Game and Fish Commission for the pur pose of financing the construction, maintenance and operation of boating and fishing facilities and a boating safety program?" All persons desiring to vote in favor or 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 certi fy 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 HOUSE COMMITTEE ON MENTAL RETARDATION (House Resolution No. 155-328) ******** THE COMMITTEE Honorable Nick G. Lambros Representative, 130th District Chairman Honorable Herb Hawkins Representative, 139th District Vice Chairman Honorable Tom Palmer Representative, 117th District Secretary Honorable Charlie L. Carnes Representative, 129th District Honorable William J. Cox Representative, 127th District Honorable J. D. Grier Representative, 132nd District Honorable Corbett H. Turner, M. D. Honorable A. R. "Gus" Barksdale CONCURRING WITH THIS REPORT IS THE HONORABLE JAMES P. WESBERRY, JR., SENATOR, 37TH DISTRICT, WHO SERVED AS A COM MITTEE OF ONE APPOINTED BY THE LIEUTENANT GOVERNOR TO RPRESENT THE STATE SENATE. GENERAL COMMENTS The Mental Retardation Interim Study Committee was charged with the responsibility of studying the problem of mental retardation in Georgia in re lation to prevention, education, services, and facilities in order to make recom mendations concerning a more inclusive educational program, improved facilities, increased services, and better ways of prevention. It soon become evident that (1) any legislation should emphasize the education of these children, as an ap propriate educational program is essential if a child is to become a tax-paying citizen and also to develope the self-respect as an individual; and (2) that the mentally retarded child is one of several types of children with special educational 2200 JOURNAL OF THE HOUSE, needs and, consequently, any recommended legislation should not be limited to the mentally retarded, but should include all exceptional children. Many professional and lay people have been of assistance in widening our horizons concerning the needs of exceptional children, and at this time we would like to express appreciation to them for the help and assistance given to this committe. May we acquaint you with same of these exceptional children and their needs? Mary Sue is both mentally retarded and cerebral palsied. She is not attend ing school because she, like hundreds of other Georgia Children, has no trans portation to and from school. She is in a wheelchair. John's parents need help. There is no skilled teacher in their rural com munity to teach him how to see the world through touch, through sound, through taste, and through smell. John is a three-year old blind child. He needs to learn to live with his handicap, to feed and dress himself, to be independent. He then needs a school program so that he can stay with his loving family and have an education suited to his needs. Mark is in a class for emotionally disturbed children. He has been in the class for three years, but his progress in the future is uncertain because there are no funds for a complete reevaluation of his disabilities so that his education can be planned accordingly. The State of Georgia has a responsibility to all of the children in the State to provide educational program suited to their needs and abilities - to help each child to progress to the maximum of his own special abilities. The State of Geor gia has a responsibility to the parents of these exceptional children to help them avert the heartache they suffer when their children have no opportunity to be educated, as provided by the Constitution of Georgia. We have an educational program for exceptional children in our State. It has made tremendous strides in the past several years under the able leader ship of professional personnel in the State Department of Education and through supportive parent and lay organizations. But the program, as good as it is, is not comprehensive enough. There is not sufficient personnel in the State Depart ment of Education or throughout the State to provide the necessary services. Many communities have, to some degree, turned their backs on the problem or closed their eyes to their own responsibilities. This legislation would counter some of these situations by providing for local advisory committees to plan for the education of all exceptional children, for transportation when it is needed, and for scholarship funds to train teachers of exceptional children. Transportation is many things. To some, it may mean taking the rapid transit to work; to some, it may mean being stalled on the expressway at 8:30 a.m. To the exceptional child, transportation means opportunity - through the itinerant personnel who bring needed services to him, and through the special bus which makes it possible for him to attend school with other children and INTERIM COMMITTEE REPORTS 2201 experience the normal joys of childhood while reaching his developmental po tential. Where transportation is needed, it will be provided. No child will have to sit on the sidelines while the rich rewards of a full life pass him by. The simple solution of a bus with hydraulic lift and an aide to man the wheelchair may make education a bright reality for a youngster who has been barred from school. The teacher is the heart of the educational program. Without the teacher there will be limited development of the human potential for dignity and worth which is the inherent right of every individual. Exceptional children find that dignity and worth are hard-won. Scholarship money is needed in a sufficient amount to train the additional teachers necessary to educate our exceptional children and to assist them in the development of those skills and attitudes which will foster these feelings of self-respect and dignity. Richard Cardinal Gushing, Archbishop of Boston, stated in his Christmas message: "My dear children of God, I know when you laugh and I know when you cry, because I have a whole family of 'exceptional' children myself. Do you know what I mean by 'exceptional' children? I mean children who are mentally or physically handicapped. I call them 'exceptional' not because they are very beautiful or brilliant, but because they give me an exceptional opportunity of showing my love for the Christ Child by loving them. If someone were to ask me what is the Christmas gift of all Christmas gifts - that I should want to leave to the children of this world, I would say: Let us leave them the gift of the future prof fered from the good works of the present ..." For Georgia's exceptional children, both the handicapped and the gifted, the gift of the future is dependent upon your good works of the present in seeing that an appropriate education is provided. The decision is in your hands - your helping hands - hands which must reach out today to give a lift upward to a child in need. Reach out your hands with your heart. Honorable Nick G. Lambros Representative, 130th District Chairman Honorable William J. Cox Representative, 127th District Honorable Tom Palmer Representative, 117th District Honorable J. D. Grier Representative, 132nd District Honorable Herb Hawkins Representative, 139th District Honorable Corbett H. Turner, M. D. Honorable A. R. "Gus" Barksdale Honorable Charlie L. Games Representative, 129th District Honorable James P. Wesberry, Jr. Senator, 37th District FINAL REPORT OF HOUSE COMMITTEE ON MENTAL RETARDATION Children are the reason for the existence of our schools. During the school year 1967-68, there will be an estimated 1,206,614 children of ages 6 through 17 in Georgia's population. Out of this 1,206,614, 11.29% or approximately 136,226 children will be classified or referred to as "exceptional children." 2202 JOURNAL OF THE HOUSE, These children will be exceptional because they will have emotional, physical, communicative, and/or intellectual deviations. The extent to which the indivi dual's deviation interferes with school achievement or adjustment will determine the extent to which modifications or alterations will have to be made in his educational program. The State Department's program for Special Education includes all exceptional children, both the handicapped and the gifted. We are equally concerned about each area of exceptionality, as we are about each ex ceptional child. Consequently, we have recommended legislation which is in clusive of all areas of exceptionality. Educators believe that special education is the most satisfactory method of affording the opportunity of self-realization and achievement for exceptional children. Special education is defined as the provision of education opportunities through the establishment of special classes for the mentally retarded, the hard of hearing or deaf, the crippled, or the emotionally disturbed; the provision of a resource room and teacher for the visually impaired (blind and partially sighted), the mentally retarded, and hopefully for the gifted; an itinerant the rapist or teacher for those with speech handicaps, with special health problems, or to serve as a crisis teacher for the emotionally disturbed. But, whatever the arrangement, special education provides a differential educational program or an adjuvant service within the administrative and operational plan of a school. A special education program will not achieve its goals unless it has the committment of the principal, the staff, the superintend ent, and the local board of education. The three basic factors essential for conducting a quality program are well prepared teachers, a sound educational procedure, and adequate equipment. There seems to be no question that the teacher is the most important factor in any educational situation. The teacher should not only be, informed about the type of exceptionality, but she should be able to plan an appropriate educational pro gram for the individual child. She should appreciate the ultimate goal toward which the school is working. According to the Georgia listing of total enrollment of 1965-66 and a 2% yearly increase, the estimated populations of ages 6 through 17 will increase at a steady rate. Estimates for the next 5 years are: ESTIMATES OF TOTAL SCHOOL ENROLLMENT IN GEORGIA 1967-68 __._____-.____-___,,_-___.-_-_---,,.._..---_._---__ 1,206,614 1968-69 _,,_-_,, --,, 1,234,366 1969-70 ,,. -- _ _ ___.,,_,,__ 1,263,656 1970-71 _ .. . ._ ... 1,290,620 1971-72 ___._......_... _._____.. _______ _____ 1,322,350 As quoted earlier, in the 1967-68 there will be approximately 136,226 ex ceptional children in Georgia's school-age population. It is estimated that there will be the following steady increase in the number of exceptional children in the next 5 years. ESTIMATES OF EXCEPTIONAL CHILDREN IN GEORGIA'S SCHOOLS 1967-68 -,,--_. -..-_ -- __________ 136,226 1968-69 _____________..______--...__________.... ___________________ 139,320 INTERIM COMMITTEE REPORTS 2203 1969-70 -------,,----- _.___,,_ ..,,___..--__.,,, 142,667 1970-71 __----_._____- -- _ 145,937 1971-72 .__,,,,.,,____..___ _ _ __ 149,293 These figures represent 11.29% of the total school-age children and will be found in the seven most commonly indentified and provided for areas of ex ceptionality : SEVEN MOST COMMON AREAS OF EXCEPTIONALITY Mentally Retarded Trainable Educable Emotionally Disturbed Crippled Speech Impaired Hearing Impaired Visually Impaired Special Health Problems .5% 2.5% 2.0% 1.0% 3.5% .57% .22% 1.0% In addition to the 11.29% of handicapped children, approximately 2.0% of the total school-age population will be mentally gifted or have special abilities. This percentage represents mentally gifted students who are presently in regular classes and not receiving educational experiences designd to meet their needs and challenge their true potential. Georgia's public school program for exceptional children was authorized by the 1949 Georgia General Assembly under Public Law 32-609, which reads: "Teachers may be alloted local units to provide programs of education for adults, pre-school programs, and exceptional children at State and/ or local expenses when such programs have been approved by the State Board of Education." In 1951-52, 21 units were supported and included 11 speech correctionists, 9 teachers of the crippled, and one teacher of hospital/homebound children. In 1952-53, the program for educable mentally retarded was added with the employment of 7 teachers, and one teacher was employed for the deaf and hardof-hearing. Brain-injured children were added to the program in 1954-55 with the em ployment of one teacher. In 1959-60, provisions were made for emotionally disturbed children through the establishment of a pilot program. In 1961-62, a pilot program was established to provide for the trainable mentally retarded. Between the years 1961 and 1964, the Division for Exceptional Children con ducted a pilot project for the academically talented. This project was financed through a grant from the Georgia General Assembly. The total amount was 2204 JOURNAL OF THE HOUSE, $40,000 and was distributed according to congressional districts on the basis of $4,000 per district. One school system in each district was selected to participate in this project. During the period of 1952-65, approximately 68.50% of the total State Al lotment in the program for exceptional children has been utilized for the mental ly retarded, with approximately 14.82% being utilized for speech correction. The percentages for other areas of exceptionality ranged from 1.23% for crippled to 5.06% for hospital/home instruction. The main portion of this report will concern itself with the mentally retarded and the problems involved in the educational programming of these children. Educationally, the mentally retarded child is one who is: 1. Impaired in his ability to learn 2. Limited in his ability to think abstractly 3. Restricted in his ability to cope adequately with the problems of society To think that all mentally retarded children respond in exactly the same way and learn exactly the same things is as great an error as to group rabbits with weasels because both are small furry animals. As a group, mentally retarded children are more unlike than they are alike. There is extreme divergence in the ability of these children. One mentally retarded child may have unusual talents and abilities, whereas another with the same mental age and I. Q. may be very restricted. THE EDUCABLE MENTALLY RETARDED: General speaking, there are some common characteristics which, at this time, describe the potential of the educable mentally retarded: 1. It is thought that the educable mentally retarded have the potential to achieve academically from the 4th to the 8th grade level if provided with a special program. 2. The educable mentally retarded pupil profits from tasks which are developed in minute steps. Routine and repetitive assignments are essential to give the child security as well as an appropriate education al experience. 3. The majority of educable mentally retarded have the potential of becoming self-supporting adults who can make a valuable contribution to society. 4. For educational programming, the educable mentally retarded will have an I. Q. of between 55-80 as demonstrated on an individual in telligence test. This means that the mental age is equal approximately to 1/2 to 3/4 that of other children of the same chronological age who- INTERIM COMMITTEE REPORTS 2205 were given the same test. The two most commonly used test are (a) the Stanford-Binet Intelligence Scale, and (b) the Wechser-Bellevue In telligence Scale for Children. The main objectives of an educational program for the educable mentally retarded are to develop: 1. Academic proficiency (within the student's intellectual ability.) 2. A socially competent individual who has experienced success, ad justed to his limitations, and learned to utilize his assets. 3. Emotional stability and a feeling of self-worth 4. Vocational competency and, thereby, economic independence. Thr ough the development of these four major objectives, the educable mentally retarded individual should become a contributing tax-paying member of society rather than a dependent tax-consuming member of society. TRAINABLE MENTALLY RETARDED: It can be estimated that approximately 3.0% of the school-age population will fall into the mentally retarded range. Of this 3.0%, 2.5% will fall into the educable mentally retarded range. Based upon the estimated population, this will yield approximately 30,165 educable mentally retarded in 1967-68. Only approximately 5/10 of 1% of school age children fall into the trainable mentally retarded group. Based upon the estimated population this will yield 6,033 trainable mentally retarded. From an educational viewpoint, the trainable mentally retarded child has the following general characteristics: 1. He will not develop competency in the basic academic skills such as reading, writing, language, and arithmetic much beyond the first grade level. 2. He will require special and prolonged training in self-care and language development. 3. In adulthood he will generally require constant supervision and will live in a semi- or fully-sheltered environment. 4. For educational purposes, he will have an I. Q. of 35-55 on an in dividual intelligence test. This means that he will have approximately 1/3 to 1/2 of the mental capacity of other children of the same chrono logical age who have the same intelligence test. The goals of an educational program for the trainable mentally retarded are: 2206 JOURNAL OF THE HOUSE, 1. Development of self-care skills 2. Development of speech and language 3. Development of improved social adjustment 4. Development of work habits and skills for a limited or sheltered environment 5. Development of worthwhile recreational activities 6. Development of limited academic skills generally utilized for pro tection of the self. In the 1966-67 school year, there are 27 classes for the trainable mentally retarded in 10 school systems and a total of 674 classes for both the educable and trainable mentally retarded in 120 school systems. This means that there are presently 76 school systems in which no program is being offered for the trainable mentally retarded. From a recent survey made by the Division for Exceptional Children, local school administrators listed the securing of teachers as their major problem. It, therefore, seems that the major reason that there are not more classes in the State is the lack of personnel. A strong recruitment program is needed. Funds for additional materials, supplies, and transportation were listed as serious, problems. Many stated that they did not have enough available classrooms to expand their program. This information represents 54 systems reporting 2,398 educable mentally retarded children who have been screened and evaluated and are on waiting lists for placement. These children have not been placed in classes because of the lack of "adequate" personnel. "Adequate" personnel refers not only to fully qualified personnel (fully certified in mentally retardation), but to those meeting minimum qualifications of a T-4 Certificate and 10 quarter hours in the area of metal retardation. If full certification were required of a beginningteacher, there would not be as many programs as at present. The 54 school systems reported that 361 educable and 39 trainable mentally retarded students could attend special classes if special transportation were available. One of the requirements for special class placement is an individual psy chological evaluation. This evaluation is minimal for appropriate educational program-placement and planning. At the present time all evaluations are made by the Division for Exceptional Children by either the staff psychological evaluator (one State position has not been filled) or paid for by the Division on a contract basis with private psychologists. The shortage of available psychologists, as well as the lack of sufficient funds, prohibits the needed re-evaluations of children already placed in classes. Our survey indicated that there are presently at least 2,387 educable mentally retarded children and 149 trainable mentally retarded children who are in need of re-evaluation. At the present time the Division for Exceptional Children is unable to do re-evaluations as well as evaluations of the other areas of exceptionality for which such service is not presently provided. These exceptionalities are: Vis- INTERIM COMMITTEE REPORTS 2207 ually Impaired, Deaf, Multi-Handicapped, Seriously Behaviorally Disturbed as well as Emotional Distrubed. The State of Georgia has a very limited supply of school psychologists (1 certified) and it is anticipated that by 1974-75 there will not be more than 75-85 certified school psychologists and psychometrists and that many of these will be situated in the urban areas. This is due to the fact that the University of Georgia has just commenced its program of the preparation of school psycholo gists and only in the last year have there been certification requirements. As policy requires evaluation and educational diagnosis for special class placement, it seems apparent that the provision of psycho-educational diagnosis will have to be furnished from the State level. Therefore, it is apparent that not less than $160,000 a year, or $320,000, should be appropriated for the 1967-68 biennium, for evaluation and re-evaluation. With this amount, assurance could be given that no child would be placed in a special class for the educable mentally retarded, the trainable mentally retarded, or for emotionally disturbed (behaviorally disordered) except as directed by the results of a psycho-educational evaluation and recommendation by a certified school psychologist, psychometrist, or other psychologist, as approved by the State Board of Education, Division for Exceptional Children. This would also provide for evaluation of the blind, deaf, and behaviorally disordered children in accordance with policies established by the State Board of Education. A program of any magnitude will be ineffective if adequate coordination and supervision are not supplied at the local and regional levels as well as the State Level. One of the major needs in the total program for exceptional child ren is that of qualified local coordinators. At the present time, 10 systems have full-time coordinators of programs for exceptional children and, in the other 110 systems, another local staff member adds this responsibility to a full-time job. As a result, the majority of coordinators in local school systems have not had adequate time or appropriate preparation to develop complete programs in any of the areas of exceptional child education. One of the greatest needs is for local Directors of Special Education to be included with other professional per sonnel under Section 12. Such a person is essential to the development of a sound program at the local and regional level. Local school systems should also employ their own school psychologists as a part of their regular staff. In this way the psychologist would be able to evaluate children for class placement. He would also be able to provide consultation to parents to help them cope with the problems of rearing a retarded child. His services would also be utilized in assisting the teachers to develop an individualized program. The problems of the mentally retarded are vast and the expense is great, but from both humanitarian and economic standpoints appropriate educational programming and services must be provided. As stated earlier, one of the major problems in providing educational services for the mentally retarded is that of securing adequately qualified teachers. This problem exists not only in the area of mental retardation but is true in all areas of exceptional children is badly needed. As a state forging ahead in education, we can no longer afford to fail to provide the financial support necessary for development of adequate educational facilities and for the training of adequate personnel to staff these educational programs. 2208 JOURNAL OF THE HOUSE, An increase of 150 teachers of special education over those currently being funded has been requested for each year of the biennium. However, latest figures indicated that this increase falls short of the actual need of an increase of 350 teachers per year for the next five years. If Georgia were to adequately supply the educational needs of those children currently identified and defined by the State Board of Education and the Division for Exceptional Children, it would need to increase its biennial budget by a mini mum of $5,880,000 each year to accommodate this annual increase of 350 teachers, excluding the gifted and other new categories of atypical children now being identified. In order to supply this demand, it will be necessary to provide financial support to persons both changing teaching fields and those entering into the field of exceptional children. Teachers should have the opportunity to study on a part-time basis in late afternoon and evening as well as during the summer. For the 1967-69 biennium, an estimated $427,600 could provide financial support in addition to that limited amount presently offered through the grant-in-aid program and the State Department's utilization of Federal funds. It can be estimated that each year it would require financial support for 350 teachers during the summer session, and 250 on a part-time study basis during the academic year. This is anticipating that at all times there would be at least 600 teachers who were not fully certified. It can also be estimated that it would be possible to enroll 50 students on a full-year basis who should also have financial support. The estimated cost of this financial support would be $427,600 for the 1967-69 biennium. This estimate is based upon a stipend of $500 for each teacher for full summer study, and $1500 a year for each teacher for the full academic year. Teachers studying on a part-time basis during the academic year would receive reimbursement for tuition and books. At the present time, part-time study during the academic year would require $80 tuition and $14 textbook allotment for each teacher who is studying. At the present time, partial certification provisions are permitted in the fields of educable mentally retarded, trainable mentally retarded, visually im paired, emotionally disturbed, physically handicapped, hearing impaired, and hospital/homebound. An additional 10 quarter hours of study is required each year until the person is fully certified. Under present State policies for the opera tion of special education services, the speech therapist must be fully certified upon entrance into the field. There are presently no certification requirements for teachers of mentally advanced students as no special allotment for teachers is made. The only pro vision for mentally advanced students at present is the Governor's Honors Pro gram which is operated for an 8-week period at Wesleyan College in Macon. This particular program provides for only 400 upcoming llth and 12th grade students. At the present time, there are no mentally advanced students participating in a State-supported program within the public schools. It becomes obvious, as one looks at the figures relative to cost, that to operate an adequate program which is designed to meet the needs of the ex ceptional child in Georgia's public schools is expensive; yet, the cost is minimal in comparison to the waste in human resources which comes about if adequate programming is not provided. The loss in tax income and the cost of welfare INTERIM COMMITTEE REPORTS 2209 supplements will far exceed the expense of providing services needed to educate our fellow citizens who require special programming. Society is becoming more complex and our educational planning must also become more complex. As the cost of general and technical education increases, so will the cost of special education. As a matter of emphasis, let us do a little hypothesizing on the basis of 100 educable mentally retarded students who could be in our school population. We will hypothesize that none of the 100 is presently being provided special educational programming by the local school system and, therefore, is en countering the problems of mental retardation to an extensive measure. The traditional picture of this group of 100 individuals would be one of frequent and costly absences from school which result in lack of progress within ability limitations. These frequent absences would result in the utilization of a great deal of the school system visiting teacher's time in attempting to induce these individuals to attend school on a regular basis. This would be a fruitless effort with the majority of these individuals unless proper stimulation could create an interest on their part in their environment and a desire to learn more about it. As a result of complete incompatability with the school situation, let us assume that by the time these 100 mentally retarded individuals have reached age 13 we have lost about 25 of them to an unaccepting and non-understanding society, and during the next year or two as many as 15 of these could run into trouble with a law enforcement agency. Let us assume that the difficulties in which these 15 found themselves were of such a nature that law enforcement officials were compelled to seek other placement for them at State expense. If they were to be placed in one of the various correctional institutions, the cost would vary from $828.55 per person per year in institutions operated by the Board of Corrections to a high of $5,407.55 per person per year at the Youth Development Center in Atlanta. Let us assume that 8 of these youngsters were placed in the Youth Development Center in Atlanta for 18 months. This would cost the taxpayers of Georgia $64,890.60 for the care of 8 individuals who could have been educated for the same period of time for $7,380. Simple arithmetic shows that, with proper educational programming, the State of Georgia could have saved $57,510.60. Shocking, yes, but it is true. Let us go one step further. The average mentally retarded individual who has completed an educational program designed to meet his needs will come out of high school with a job and will probably be earning about $4,200 a year, which means that he will be a self-supporting citizen and a tax-contributing member of our society. He will contribute approximately $56 in sales tax, plus $64 in State income tax and $538 in Federal income tax. Now, over the same period of time that the 8 individuals previously referred to were costing the State $64,890.60, they could have earned at total of $50,400 and contributed roughly $1440 to the State of Georgia, plus $6456 to the Federal Government and it would have cost only $7380 to educate them over the same period of time. We don't need to analyze the lack of contribution of the others of the 100 used as an illustration, but let us only pick 3 who later in life might end up at Reidsville for a major crime. In no way are we equating crime with mental 2210 JOURNAL OF THE HOUSE, retardation, but we do know that a high percentage of the inmates at Alto and Reidsville are at least functioning as mental retardates. This is generally believed to be the result of inadequate educational opportunities, and since the mentally retarded can be easily led if not trained otherwise and are generally caught. If 3 were to end up in Reidsville, it would cost the State $2,465.65 for one year. Assuming they were placed there for 20 years, the per capita cost at present would give a total cost to Georgia of $49,713.00. These same 3 could have been educated for $36,900 and have earned $25,200 during these 20 years. They would have contributed $384 in State income tax and $3,228 in Federal income tax during the two years of employment following completion of their education. Let us see what it would have cost to educate the original 100, versus what their income level would have been plus their tax contribution. At the present per pupil cost of $615 for the educable mentally retarded, it would have cost $61,500 per year of $738,000 for the 100 for 12 years of education. This would have given this group the earning power of $420,000 a year, and the State of Georgia $12,000 yearly in tax returns, as well as $53,800 yearly in tax returns to the Federal government. These figures are based upon the present State and Federal tax structures. Thus, it is evident that after completing their education and working for 12 years, these 100 individuals would contribute at least $789,600 in State and Federal taxes. This cost versus the gained income is perhaps most dramatically pointed up with the mentally retarded and the. emotionally disturbed, but the failure to provide proper educational programming for all exceptional children can have the same effect. An uncorrected speech impairment can certainly restrict the earning power of an individual at a later age, the same as an improperly educated visually impaired or crippled individual will be affected. Finally, the committee recognizes that to attempt merely to expand special programs to meet the needs of an ever-increasing number of mentally retarded children is to fight a losing battle. Effective programs of prevention must be launched if there is to be genuine progress. RECOMMENDATIONS OF HOUSE MENTAL RETARDATION STUDY COMMITTEE (House Resolution No. 155) Recommendation #1. The Committee believes that every child in Georgia deserves an adequate education provided by the State of Georgia regardless of whether or not that child may be normal, brilliant, retarded or otherwise handicapped. To achieve these ends, the Committee strongly recommends the enactment of legislation which would provide through the State Department of Education that each county in Georgia should furnish educational programs for all exceptional children. (A draft of the proposed bill is attached to this report as Exhibit "A".) The Committee believes that not only should mentally retarded children be provided an education but also, there should be provisions for physically handicapped children, maladjusted children, speech defective children, and other exceptional children. Such education should include special education facilities, such as classes, housing, special instruction, and other type services, as required in the case of the particular child. The legislation proposes that in each county a "Committee for Exceptional Children" be appointed by the county superintendent of schools, who shall develop INTERIM COMMITTEE REPORTS 2211 a comprehensive plan whereby all exceptional children resident in the county may receive a good common school education. Counties may develop plans in groups or regions. The legislation also creates an Advisory Council for Ex ceptional Children, consisting of nine members appointed by the State Super intendent of Schools. This Council shall advise the superintendent and review the comprehensive plans submitted by the county committees. School boards are made financially responsible for the education of exceptional pupils resident in their districts or counties. Where necessary, because of a particular handicap, a child in one district or county may attend school in another district or county, and the cost of such education is computed as set out in the Act. The State Superintendent of Schools, with the advice of the Advisory Council, is required to prescribe the standards and make the necessary rules and regulations for the implementation of the program of education for exceptional children including eligibility requirements. The Bill also provides for traineeship or fellowship grants to persons of good character who are interested in working in programs for the education of exceptional children. The Committee strongly believes that the provisions of the proposed legisla tion will provide for the exceptional children of the State of Georgia the educa tion which the State clearly owes to these children. It feels that for too long the education of exceptional children, mentally retarded or otherwise gifted or handicapped, has been neglected as a responsibility of the State of Georgia, and urges the enactment of legislation as presented. Recommendation #2. The Committee realizes full well that the legislation proposed for programs for exceptional children must be financed. It, therefore, recommends that the amount of $3,534,000 proposed in the State Bureau Budget Document as "Contingency Fund" for the Department of Education (See page 81 of the Budget Document for 1967-69 Biennium) be reclassified as a new line item entitled "Programs for Exceptional Children." The Committee has found that the purposes for which the Contingency Fund has been used in the past are no longer needed. It strongly urges that the amount of $3,159,049 for fiscal year 1967-68 and $3,534,000 for fiscal year 1968-69 be used to implement the proposed legislation providing educational programs for exceptional children. A suggested line item breakdown is hereto attached as Exhibit "B". Recommendation #3. The Committee was disappointed to learn that certain vital programs proposed in the State budget by the Department of Public Health have not been recommended for inclusion in the Appropriations Act. The Com mittee strongly recommends that the following appropriations be restored: 1967-68 1968-69 $ 571,500 571,500 Authority lease rental required to begin construction of second phase of the Georgia Mental Retardation Center. 1967-68 1968-69 $ 390,000 1,900,000 Staff additions and related costs for opening the Center and evaluating patients now awaiting classification and referral. 1967-68 1968-69 1967-68 1968-69 $ 107,000 107,000 $1,900,000 1,900,000 Authority Lease Rental for Therapies Building at Georgia Mental Health Institute. Construction Grant Fund for local communities to develop community mental health and mental retardation facilities and 2212 JOURNAL OF THE HOUSE, nursing home facilities. (Failure to appro priate these funds will cause communities to lose matching Federal funds.) Recommendation #4. The Committee recommends a detailed study of pos sible methods by which the mental retardation facilities and services of the State of Georgia might be coordinated and made more uniform as to geographical and/or administrative boundaries. It is suggested that a plan of reorganization include consideration of a central coordinating agency to plan and supervise vari ous mental retardation programs. By this means, overlapping should be prevented or minimized and the cost of such programs thereby reduced. Recommendation #5. The Committee recommends that local governments in Georgia provide from local revenue at least sufficient funds as a part of their local health programs to provide a basic mental retardation program. Recommendation #6. The Committee finds that the Act which provided pro grams of hospital care for the indigent, approved March 13, 1957 (Ga. Laws 1957, p. 470), which presumably includes badly needed hospitalization for pre natal complications as well as other prenatal, obstetrical and neonatal medical services for the indigent, have not been funded or implemented. The Committee strongly recommends that funds be made available as soon as possible for the implementation of these programs which were authorized ten years ago, but have not been carried out. These basic services are essential to the prevention of mental retardation which, where preventable, largely occurs among the indigent. Recommendation #7. The Committee recommends that medical scholarships and related programs be extended to include paraobstetric, paramedical, and nursing personnel. Recommendation $8. The Committee strongly recommends the establish ment of additional day-care centers for the mentally retarded as soon as possible. There is a great need for both publicly-supported and privately-supported daycare centers for the mentally retarded. The Act approved March 10, 1966 (Ga. Laws 1966, p. 374) permits the expenditure of State funds to assist in the financial support of day-care centers for the mentally retarded, and provides for planning for new day-care centers. The needed day-care centers should be provided as soon as possible. In addition, there is a great need for improved training for the staffs of day-care centers to upgrade the quality of services which they offer. All day-care centers should certainly adhere to the "Standards and Guidelines for Day-Care Centers for Mentally Retarded Children" as developed by the Georgia Department of Public Health. Recommendation #Q. The Committee found that there were only three diagnostic and evaluation clinics now in operation in Georgia. One of these was visited. The Committee strongly recommends the establishment of additional diagnostic and evaluation clinics for the mentally retarded throughout the State as soon as possible. Consideration should be given to the possibility of a mobile diagnostic and evaluation clinic which could travel throughout the State as needed. Recommendation #10. The Committee was shocked to learn that up to 50% or more of the inmates at the Georgia Industrial Institute at Alto, the Georgia State Prison at Reidsville, and the four State-operated youth development INTERIM COMMITTEE REPORTS 2213 centers are classifiable as mentally retarded. The Committee came to the con clusion that, had adequate mental retardation programs and services been avail able in this State, its entire prison population would have been materially reduced. The Committee believes that through this and the other recommenda tions made a part of this report that the total cost of the mental retardation program can be recouped from savings in the cost of caring for and rehabilitating prisoners who should never have gone to prison, not to mention preventing the losses resulting from their crimes. The Committee also learned that a high percentage of chronic alcoholics are mentally retarded. It is strongly recom mended that all State agencies work with the State Board of Corrections to identify the mentally retarded within State Penal Institutions, and among chronic alcoholic offenders and to provide rehabilitation programs for these persons. Recommendation #11. The Committee recommends that as soon as possible smaller regional State residential facilities for the mentally retarded should be constructed throughout the State in accordance with THE STATE PLAN FOR THE CONSTRUCTION OF COMMUNITY MENTAL HEALTH CENTERS AND FACILITIES FOR THE MENTALLY RETARDED. The Committee further recommends that these residential facilities be designed to provide, on a regional basis, comprehensive services such as: medical, nursing, educational, vocational, training and personal care, dental, social, chaplaincy, pharmaceutical, speech and hearing, etc., on a twenty-four hour basis for in-patients as well as diagnostic evaluation services for out-patients in order to provide for total needs. It is felt that the size of such regional residential facilities should be approximately 250 beds and certainly no more than 500 beds. The Georgia Retardation Center should be established as a regional center and as soon as possible Gracewood State School and Hospital and Milledgeville State Hospital should reduce drasti cally the number of patients on their rolls by transfer to new facilities, and these institutions should serve only the regions in which they are located. In addition, substantial per patient increases in appropriations should be made for both Gracewood and Milledgeville to enable these institutions to provide better services for the mentally retarded presently in their care. The first step in this direction should be the restoration of the departmental requests for appropri ations which have been stricken from the proposed budgets for the institutions. Recommendation #12. The Committee recommends that the State Board of Education establish preschool and kindergarten programs as a part of Georgia's educational plan, as authorized in Section 20 of the Minimum Foundation Pro gram of Education Act, approved January 24, 1964 (Ga. Laws 1964, p. 3). Wherever possible, mentally retarded children should be enrolled in regular kindergartens unless the handicap is so great that special programming is neces sary. (The adoption of Recommendation #1 above will assure this.) Recommendation #13. The Committee recommends that the adult education services of the State Department of Education provide educational programs for adults over 21 who are mentally retarded. Recommendation #14. The Committee recommends that the State Depart ment of Education assume responsibility for providing educational opportunity for mentally retarded children in all State-supported residential facilities. Recommendation #15. The Committee recommends that the teacher educa tion services of the State Department of Education establish criteria pertaining to staff qualifications, facilities, laboratories, space, and course content for those 2214 JOURNAL OP THE HOUSE, colleges and universities that provide a teacher preparation program for teachers of the mentally retarded. Recommendation #16. The Committee recommends that the educational television services through the State Department of Education provide staff assistance and program time for developing and transmitting programs relating to the education of the mentally retarded. Recommendation #17. The Committee recommends that the Office of Voca tional Rehabilitation provide group counseling to the educable mentally retarded in cooperation with selected secondary school special education classes in order to determine its effectiveness as a method to effect personal, social, and work adjustment, and that the Office of Vocational Rehabilitation expand services for public offenders who are mentally retarded whether they be incarcerated in the various State institutions or on probation, or are Federal offenders. Recommendation #18. The Committee recommends that the Georgia Depart ment of Public Health and State Department of Family and Children Services jointly study the feasibility of providing homemaker services for families of the mentally retarded, providing foster boarding care for mentally retarded children, seeking adoptive homes for mentally retarded children and make recom mendations for providing such services, where possible, throughout the State. Recommendation #19. The Committee recommends that information pro grams be established including pertinent materials on mental retardation for use in obtaining public understanding of the Aid to Dependent Children program and the Commodity Surplus Food and Food Stamp programs. Recommendation #20. The Committee recommends that the Georgia De partment of Public Health appoint a director of research at each of the State- supported residential facilities for the mentally retarded for both medical and behavioral studies in mental retardation. Recommendation #21. The Committee recommends that the number of public health nurses employed in local public health programs be increased until the desired ratio of one public health nurse for every 5,000 population is reached. Recommendation #22. The Committee recommends that the educational training program for social workers be increased in the State and that training grants, scholarships, and other inducements be utilized to increase the number of social workers for mental retardation programs. Recommendation #23. The Committee finds that there is a continuing belowaverage ratio of physicians to population in Georgia. It is essential that more physicians be graduated from the medical schools of the State. If necessary, a third medics 1 school should be established in order to increase the number of physicians in Georgia. Incentive for medical practice should be provided in problem areas of the State. Recommendation #24. The Committee strongly recommends that the Geor gia Department of Public Health immediately implement the provisions of the Act approved March 2, 1966 (Ga. Laws 1966, p. 140) concerning testing for phenylketonuria and other inborn errors of metabolism in the newborn. INTERIM COMMITTEE REPORTS 2215 Recommendation #25. The Committee recommends that a full and complete program of voluntary family planning be implemented throughout the State and made available to every woman, including techniques of contraception, instruc tion in methods, and contraceptive devices which are available either through the local health department clinic or through private physician, as desired by the individual. This service should especially be available to every young female retarded patient. Education and counseling concerning contraception should be available to all families of the retarded person. In addition, sex and family life education courses should be included in the curriculum of elementary and secondary schools with special emphasis to reach the dropout group by the ninth grade. Other health programs for children and adolescents should empha size nutrition, preventative medicine, and emotional preparation for parenthood. There is no question but that the problem of mental retardation would be greatly alleviated in this State if all of Georgia's young citizens were educated sufficiently to provide adequate nutrition and care for expectant mothers. Recommendation #26. The Committee found that much mental retardation can be prevented in Georgia. It is indeed tragic that much of the current re tardation was not indeed prevented in years gone by. The Committee recom mends special emphasis upon programs of obstetric, infant, child and adolescent care for the indigent throughout the State. Consideration should be given to the establishment of a division of maternal and child health within the State Health Department. A statewide maternal and infant, care plan is urgently needed. A BILL To be entitled an Act to provide that the school boards of any school dis tricts that maintain a recognized public school shall establish and maintain special educational facilities; to provide for the employment of professional workers; to provide that the State Board of Education shall provide for imple mentation of statewide programs in the public schools for the education of ex ceptional children and implementation of other educational programs not ordi narily coming within the prescribed curricula of the public schools; to provide the powers and duties of the State Board of Education relative to said programs; to provide for the appointment of an Advisory Council for Exceptional Children; to provide for the establishment of Committees for Educational Children; to provide the powers and duties of said Committees; to provide for scholarship grants; to provide for the recruitment of professional workers; to provide for transportation of exceptional children; to provide for itinerant teachers; to provide for definitions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Meaning of Terms: Unless the context indicates otherwise, the terms used in this Act shall have the meanings ascribed to them in Sections 2 through 4, each inclusive. (a) Exceptional Children: "Exceptional Children" are those between the ages of three and twenty-one who have emotional, physical, communicative, and/ or intellectual deviations to the degree that there is interference with school achievements or adjustments, or prevention of full academic attainment, and who require modifications or alterations in their educational programs. This definition includes children who are mentally retarded, physically handicapped, 2216 JOURNAL OP THE HOUSE, deaf and hard-of-hearing, visually handicapped, speech handicapped, multiple handicapped, intellectually gifted, and any other areas of exceptionality which may be identified. (b) Special Education Facilities: "Special Education Facilities" shall in clude, but not be limited to, special schools, special classes, special housing, EXHIBIT A special instruction, special rental services, brailler and typist for visually handi capped children, transportation, maintenance, instructional material, therapy, professional consultant services, psychological services, itinerant services, re source services, additional evaluation services and centers, special administrative services, salaries of all required special personnel, and other special education services required by the child because of his exceptionality, if such services are approved by the State Board of Education and the child is eligible therefor under this Act and the regulations of the State Board of Education. (c) Professional Workers: "Professional Workers" means approved person nel, and shall include, but not be limited to, speech and/or hearing specialists, mobility instructors, special education interns, special education administrators or supervisors giving full time to special education, and teachers of any class or program defined in this Act who meet the requirements of this Act. Section 2. Application of Act: Notwithstanding any other provision of law to the contrary, the provisions of this Act shall apply to the boards of education of all county, independent and area school systems in the State of Georgia: Section 3. Education for Exceptional Children: School boards of any school districts that maintain a recognized public school shall, subject to any limitations hereinafter specified, establish and maintain such special education facilities and employ such professional workers as may be needed for one or more of the types of exceptional children defined by the State Board of Education who are residents of their school district and such children, residents of other school districts, as authorized by this Act. Section 4. Powers and Duties of State Board of Education: The State Board of Education shall provide for: (a) implementation of statewide pro grams in the public schools of this State for the education of exceptional chil dren as defined by this Act; and (b) implementation of other educational pro grams not ordinarily coming within the prescribed curricula of the public schools. The State Board is authorized to establish priorities, standards, and criteria for implementation and operation of such programs as the Board may, in its discretion, find necessary or desirable to implement on a statewide basis. Local school systems may, prior to implementation of such programs by the State Board, implement such programs locally in accordance with criteria and standards prescribed by the State Board. An Advisory Council for Exceptional Children shall be appointed by the State Superintendent of Schools and approved by the State Board of Education. INTERIM COMMITTEE REPORTS 2217 Section 5. Committee for Exceptional Children: There shall be established in each school system a "Committee for Exceptional Children". This Committee shall be composed of the local superintendent of the school system, the local coordinator of the program for exceptional children who shall be chairman, and a minimum of five additional people who shall be representative of professions related to special education and who shall be elected by the board of education of the local school system. In cases where two school systems wish to combine their services for exceptional children on a cooperative basis, one Committee for Exceptional Children may be formed to serve both school systems. The two involved coordinators of programs for exceptional children shall be co-chairmen. Such committee shall be provided clerical assistance and shall develop, under rules of the State Board of Education, a five-year plan for the education of exceptional children within that school district, and shall revise this plan an nually. All plans shall be submitted to the State Superintendent of Schools on or before December first of each year. Section 6. Scholarships and Recruitment: The State Superintendent of Schools, with the advice of the Advisory Council for Exceptional Children, may make scholarship grants to persons of good character who are interested in work ing in programs for the education of exceptional children, for either part-time or full-time study in programs designed to qualify them as professional workers under Subsection (c) of Section 1 of this Act. Persons who qualify for a scholar ship must have earned at least ninety (90) quarter hours of college credit and must be students of a recognized college or university. Part-time students and summer session students may be awarded grants on a pro rata basis. All grants shall be made in accordance with rules and regulations prescribed by the State Superintendent of Schools and the State Board of Education. Monies not used in reimbursement of scholarship expenses and administra tion shall be used to recruit professional workers for programs of education of exceptional children through further training at graduate and undergraduate levels. Section 7. Non-Local Education of Exceptional Children: If an exceptional child cannot be educated in his local school system, for reasons of severe or unusual disability or temporary lack of educational programs, his parents, with the guidance of the local school superintendent, shall seek educational pro grams appropriate to the child's needs. Upon application to the Division for Exceptional Children, State Department of Education, and upon approval of said agency, the school or agency educating the exceptional child shall be reim bursed for tuition, fees, transportation, and books, as a minimum sum the cost of educating that type of exceptional child of an identical age in Georgia public schools. This section does not include those multiple-handicapped children for whom special appropriation is provided because of the severity of their complications. Section 8. Transportation of Exceptional Children and Itinerant Teachers: When it is deemed necessary, in the best judgment of the local Committee for Exceptional Children, said Committee shall include in its planning and shall recommend to the local school board the free transportation of said pupils. The school boards of local districts shall be reimbursed for the cost of said transporta tion when State funds are appropriated for this purpose. 2218 JOURNAL OF THE HOUSE, The local school board may permit children in their school district or in any particular grade to attend the schools of other districts when deemed necessary for adequate educational services, and may provide free transportation for such pupils. Where travel is required for itinerant teachers, reimbursement for such travel shall be provided. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. PROGRAM FOR EXCEPTIONAL CHILDREN RECOMMENDED BUDGET REQUIREMENTS 1967-69 BIENNIUM Teachers Salaries (Maintenance and Operations) Scholarships and Recruitment Transportation Cost Psychological Services Advisory Committee Expenses Instructional Materials 1967-68 1,800,000 400,000 300,000 400,000 2,550 256,499 Total 3,159,049 Exhibit B 1968-69 2,000,000 450,000 350,000 450,000 2,550 281,450 3,534,000 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 (H. R. NO. 337) ******* We are pleased to submit the Report of the Penal Study Committee to the parties named above. Respectfully submitted, J. T. Dailey, Chairman Representative, 66th District December, 1966 Colquitt T. Odom, Secretary Representative, 79th 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 PENAL STUDY COMMITTEE INTRODUCTION: Pursuant to the authority granted in HR No. 337, on February 11, 1966, Honorable George T. Smith, Speaker of the House of Representatives, created INTERIM COMMITTEE REPORTS 2219 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, 66th District Honorable Ray M. Tucker Representative, 36th District Honorable Colquitt H. Odom Representative, 79th District Honorable Herschel L. Reid Representative, 32nd District Honorable J. Lucius Black Representative, 56th District Honorable J. T. Dailey, Representative, 66th District, was designated as Chairman of the Committee and Honorable Colquitt H. Odom, Representative, 79th District, as Secretary of the Committee. I. WORK RELEASE The Committee has studied and considered a memorandum prepared by State Legislative Research Counsel of the State of South Dakota concerning the various kinds of work release programs used in twenty-eight states. These programs vary from the original law passed by Wisconsin to a more recent version passed by the State of North Carolina. This program is intended to provide rehabilitation for the inmates, while they are serving their sentence, and at the same time permit them to be gain fully employed. Under this kind of program the inmate, either under the supervision of the court or under the supervision of the Department of Board of Corrections may be permitted to work during the normal working hours outside the prison system and spend his nights and weekends in confinement. The inmate is required, after payroll deductions, to surrender to the officials his earnings and after deducting from the earnings an amount determined to be the cost of the inmate's keep, the officials shall (1) allow the prisoner to draw from the balance a sufficient sum to cover his incidental expenses; (2) to retain to his credit such amount as seems necessary to accumulate a reasonable sum to be paid to him on his release from prison; and (3) cause to be paid through the county Department of Family and Children Services such part of any addition al balance as is needed for the support of the inmate's dependents. Any balance of his earnings remaining at the time the inmate is released from prison shall be paid to him. After considering the many variations of the Work Release Plan, this Committee recommends that the General Assembly adopt an Act similar to that in effect in the State of North Carolina. Work release has also helped to lessen the tax burden on the citizens of North Carolina. Work release inmates in North Carolina have contributed $1,494,368.00 to the support of their families as of December 31, 1965. The figures below represent the total earnings and disbursements through December 31, 1965 of the 7,166 participants approved for the program in North Carolina. 2220 JOURNAL OF THE HOUSE, TOTAL EARNINGS $5,587,352.12 Expenses: Jail Fees 79,274.43 Support of Families 1,494,368.42 Personal Expense 650,839.60 Terminal Settlement 818,288.21 Received by the Prison Department for: Maintenance $1,839,195.79 Transportation 456,207.01 Total Prison Department Cost Total Expenses 2,295,402.80 $5,338,173.46 BALANCE IN TRUST FUND $ 249,178.66 The Committee also recommends that a separate facility be constructed at the Butts County complex now under construction to be used as a hospital facility. It is the Committee's feelings that it is highly impractical to operate a hospital facility within the main prison compound. The present facility at the Georgia State Prison, besides being impractical, is antiquated and the medical attention and the welfare of the inmates in the prison system is a cardinal responsibility of the Board of Corrections. It is impractical for the Department of Corrections to have to transfer and provide security for prisoners that require major operations at the Talmadge Memorial Hospital in Augusta, Georgia. It is also the Committee's recommendation that land be purchased and a facility constructed to serve in the dual capacity as a pre-release and workrelease center for the inmates in the Georgia Prison System. It is the Committee's understanding that funds are being requested in the biennium budget of the State Board of Corrections for the purchase of a site for the construction of a building for a reformatory, and this Committee urges that funds be made available for the purchase of land and construction of this facility. II. LEE COUNTY PRISON BRANCH, LEESBURG, GEORGIA The new Warden is R. S. Boney and we feel that he is doing a very good job at that camp. This camp is used to confine inmates from approximately 18 to 25 years of age. The camp is in need of additional items and we recommend that they be made available as soon as possible. It is particularly noted that they are in need of walkie-talkies for security reasons, the guards' quarters should be air conditioned and equipment should be furnished for recreational activities. III. WAYNE COUNTY PRISON BRANCH, JESUP, GEORGIA This particular camp for some time has been an eyesore to the prison system in this State, as the camp is of an old construction--some 25 years old, and is therefore antiquated. It is a most tremendous fire hazard. We found the barracks clean and in good shape, clean linen, and the food was excellent. INTERIM COMMITTEE REPORTS 2221 For the last three years this Committee has recommended that a modern building be constructed at this camp, and the Committee would like to reiterate this recommendation. We strongly recommend that the necessary funds be made available to reacclimate this camp or the same should be terminated and the prisoners removed to desirable locations throughout Georgia. The Committee would like to express our appreciation to Warden Youen for his outstanding services rendered at this camp under the adverse conditions under which he has had to operate. IV. WARE COUNTY PRISON BRANCH, WAYCROSS, GEORGIA The Warden of this camp is Roy Ritchey. The Committee visited the above stated camp and after interviewing Mr. Ritchey, we find that the premises were in excellent condition; however, it is to be noted that this camp is also in need of walkie-talkies for security reasons, a barber's chair and air con ditioning for its guards. The Committee believes that the Board could find ways and means to take care of these simple items. V. REIDSVILLE STATE PRISON, REIDSVILLE, GEORGIA This Committee, after visiting and inspecting the Georgia State Prison at Reidsville, Georgia, makes the following recommendations which the Com mittee believes will make a more efficient and productive operation at this penal institution: (1) The Penal Study Committee, a year ago, made as part of its recom mendations the construction of a separate facility for the housing of homosexuals. It is the Committee's understanding that funds for the construction of this facility are included in the biennium budget of the State Board of Corrections and this Committee goes on record as urgently requesting that funds for this installation be approved in order that construction may be gotten under way without further delay as this is a pressing need at the State Prison. (2) The Committee strongly recommends that a separate facility for visitations be constructed as this would eliminate many hundreds of people going into the main prison compound to visit, as is being done at the present time. It would also have a deterring effect on contraband which may be smuggled into the main prison compound at times. It would also be helpful in maintaining better security and supervision of visitations. (3) It is also the recommendation of the Committee that the recreation facilities at the Georgia State Prison be expanded and improved. The Committee feels that a well-rounded recreation program will be highly conducive to the rehabilitation of inmates. The following is the present law on the purchase of prison made goods: "Section 40-1927. CHAPTER NOT TO APPLY TO PRODUCTS OF STATE INSTITUTIONS. Nothing in sections 40-1908 to 40-1914, inclusive, or any other section of this Chapter shall apply to or affect the distribution and purchase of goods, wares, or merchandise manu factured, produced, or mined wholly or in part by inmates of the penal, 2222 JOURNAL OF THE HOUSE, correctional, and eleemosynary institutions of this State. All goods, wares, or merchandise needed by the departments, institutions, and agencies of the State and its political subdivisions supported wholly or in part by public funds, shall be obtained from the Director of Corrections unless the Director of Corrections shall certify in writing that such needed goods, wares, or merchandise are not available. (Acts 1937, pp. 503, 514)." Editorial Note. "Director of Corrections" has been substituted for "State Prison Commission," because the Director now exercises the powers formerly belonging to the Commission. See Chapter 77-3. The Committee feels that a productive and expanded industrial program in our State Prison will be highly conducive to the inmate's rehabilitation inasmuch as many inmates can be gainfully employed in the industrial program. It will reduce idleness to a minimum, thus solving one of the major existing problems. The Committee realizes that for a prison industrial program to properly function and be productive, a ready market for prison products must be main tained. The Committee calls upon the Supervisor of Purchases, together with the other department heads in State government to cooperate fully with the State Board of Corrections in the purchase of these prison made products. The Committee would like to state, after interviewing personnel on an individual basis and after interviewing inmates on an individual basis, that we find the morale of both groups in the past twelve months has exceeded this Committee's expectations and that the Board and the Warden have carried out many of the Committee's recommendations filed in the last report. We would like to commend them for their action and particularly Warden Dutton, who we believe is making a sincere effort to make Reidsville one of the finest institutions for correctional purposes in this State or any other state. VI. GEORGIA INDUSTRIAL INSTITUTE, ALTO, GEORGIA Notwithstanding the fact that there have been some very real gains made at this institution in terms of vocational evaluation and academic programs and a raising through general appropriation of the amount of money spent per year per inmate, Alto remains one of the most critically deficient institutions in the total prison system in respect to basic living conditions. Staff Needs: The greatest need at the present time in this institution is the lack of adequately trained custodial staff. The national average of inmate to custodial staff is a ratio of eight inmates to one custodial officer, in the south this ratio is slightly under nine to one. At Alto this inmate-custodial staff ratio is slightly under seventeen to one. The consequences of such a critically deficient ratio should be obvious. Such a ratio produces not only security problems for the institution but also seriously weakens the general supervision and control of the inmate population. The lack of custodial staff encourages needless "acting out" or INTERIM COMMITTEE REPORTS 2223 misconduct on the part of some inmates; diminishes control and could lead to "inmate control" which would have a devastating effect, not only on the welfare of the institution but on the inmates themselves. Lack of supervision in turn stifles and may even prohibit rehabilitative programs in the institution. There are presently 66 custodial officers and men at the Alto Institution which has an authorized complement of 85. The State, to date, has been unable to recruit acceptable personnel to fill these vacancies due to the low pay scale and working conditions--particularly hours which such personnel must accept. At the present time, though authorized to work only a 60-hour week, custodial staff must work 72 hours in order to cover the existing vacancies which exist. In only a few states do institutions still require their staff to work over 40 hours per week. Living Conditions: Housing: Housing units at Alto are now under renovation. However when the present renovation of living quarters is completed, floor space at the institution will then provide only 60 per cent of the minimum floor space needed. This is based on a minimum of 60 square feet per person. The Bureau of Prisons recommends that 70 square feet be provided per inmate as living quarters; 50 square feet for sleeping area and 20 square feet for day room space. Overcrowded living conditions induce health, morale and security hazards in the institution. When you add to this situation the lack of staff supervision and lack of proper classification and separation of inmates at Alto, you have created a breeding ground for trouble. Conditions which enhance respect for the dignity of the individual are a prerequisite in bringing about any change of his behavior. Though some degree of privacy is needed, the matter of adequate floor space becomes more important as inmates in some instances are required at present to crawl over the ends of their bunks to get in them because they are so close together. Additional funds are needed in order that a second and final phase of the renovation program may be completed. Also needed will be a new inmate residence building to provide for the necessary separation of inmates in individual cells. Present living conditions practically prohibit the necessary segregation of inmates as to age, sophistication of criminal behavior, security risks, and those who evidence mental and emo tional problems. There is at this time, no facility for isolating cases. This new residence facility would house between 250 and 300 men. Feeding: The present kitchen facilities are inadequate, antiquated and worn out creating a real sanitation problem. They were designed and installed in 1927 to serve 500 tubercular patients. They are now feeding over 1,000 men. The present feeding program necessitates seven lines at each meal over a two and one-half hour period which averages twenty minutes eating time per 2224 JOURNAL OF THE HOUSE, line. The present renovation plan does call for expansion of the dining area which should relieve this portion of the congested feeding situation. Medical: The present infirmary facilities consist of eight beds, where at least a twenty-five bed infirmary ward should be provided. Dispensary facilities are completely inadequate. The American Congressional Association in their recent publication states that approximately 10 per cent of the population should be expected daily to be handled in out-patient care. This is in addition to longterm or serious illness or accident cases handled in the infirmary itself. Contract Labor: The present renovation program, meager as it is, is moving altogether too slowly in terms of the immediate need which exists. It is recom mended that contract labor be included in the appropriation bill, in the strategic areas of living quarters, medical and feeding facilities. Inmate labor can then be more appropriately utilized within non-strategic building programs. All of the above is considered prerequisite to any type of institutional pro gram in which we attempt to rehabilitate these youthful offenders. Diverting Flow of Commitment: Beyond looking at the immediate living needs of these young adult offenders, the Committee urges that other systems and programs be explored as a possible means for diverting the increasing flow of commitments into this institution. The following are submitted as relevant possibilities: (a) through a cooperative effort with the State Parks Department the setting up of one or two small camp facilities in State parks where on a selective basis these young inmates can be utilized in a parks development and maintenance program; The primary purpose not being utilization of their labor but rather rehabilitation gained in a regimen of life which develops good work habits, changes attitudes, etc., in a group living situation. (b) that the courts cease and desist from further commitments of youth ful offenders who do not appropriately belong in this institution. (There were as of July 1966, 107 boys at Alto of juvenile court age, the majority of which this Committee estimates could have been handled by proper juvenile authorities, and subsequently sent to our youth development centers if such disposition was deemed necessary. Three rather dramatic examples of such commitments occurred during the past six months when two 13-year-old white males and one 12-year-old white male were committed from our Superior Courts in Georgia, to this institution. Pre-sentence investigation should be used at the court level as a screening device. Through such an investigative process a court could better screen out those individuals not in need of incarceration, but who could be better handled by some other means in a local community.) (d) consideration of the use of a "work release" program for the institution at Alto. In such a program inmates would on a selective basis, be employed outside of the institution during the day and return to the institution at night. (e) increased use of the Buford facility as a "pre-release center" which would serve as a "decompression chamber" for boys re-entering community life and provide them with the information and counseling necessary to make that critical adjustment. INTERIM COMMITTEE REPORTS 2225 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 business like manner in which they are conducting this Department. Respectfully submitted, PENAL STUDY COMMITTEE J. T. Dailey, Chairman Representative, 66th District Ray M. Tucker Representative, 36th District Colquitt H. Odom, Secretary Representative, 79th District Herschel L. Reid Representative, 32nd District J. Lucius Black Representative, 56th 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 PORTS AUTHORITY STUDY COMMITTEE (Senate Resolution No. 86) ******** THE COMMITTEE Honorable Michael J. Padgett Senator, 23rd District Chairman Honorable Culver Kidd Senator, 25th District Honorable Oliver C. Bateman Senator, 27th District Honorable Robert A. Rowan Senator, 8th District Honorable Frank Eldridge, Jr. Senator, 7th District January 7, 1967. INTRODUCTION Pursuant to the authority contained in Senate Resolution No. 86, the Senate Ports Authority Study Committee was appointed by the Lieutenant Governor for the purpose of investigating ways and means of improving port facilities in the State of Georgia. The Lieutenant Governor appointed the following members of the Senate to the Committee: Honorable Michael J. Padgett, Senator, 23rd District, Chairman, Honorable Oliver C. Bateman, Senator, 27th District, Honorable Frank Eldridge, Jr., Senator, 7th District, Honorable Culver Kidd, Senator 25th District, and Honorable Robert A. Rowan, Senator, 8th District. FINDINGS AND RECOMMENDATIONS The members of the Committee held hearing in Atlanta, and at that time met with members of the Georgia Ports Authority and its staff discussing the operations of the ports of Georgia. In addition, the Committee spent two days inspecting and examining, in depth, the operation and management of the 2226 JOURNAL OF THE HOUSE, Authority's two deep water terminals in Savannah, and discussing with the Authority, its staff and other shipping leaders the operation of our port facilities throughout the State. Full information was furnished to the Committee on all of Georgia's port operations by the Authority, and the Committee expresses its appreciation to the Authority and its staff for their cooperation with the Committee. The Committee was much impressed with the progressiveness and vision of the members of the Georgia Ports Authority and with the obvious dedication, efficency and industriousness of the staff personnel at all levels. The high level of activity at the Port of Savannah lends emphatic support to the wisdom of the State of Georgia in allocating funds for capital improvement for our State port facilities, in that products of Georgia's farms and factories were abundantly evident in the Authority's transit sheds awaiting vessels for movement overseas. Identifiable commodities moving from or to nearly every city and county within Georgia were observed by the members of the Com mittee. The first and major impression made upon the Committee was the use of our ports by the entire State and the statewide impact of our port facilities upon businesses and industrial firms, small and large, and upon the agricultural interests. The magnitude of the port operations and its impact upon the economy of the entire State was self-evident, and the necessity of further development becomes essential if Georgia is to compete with other states in the Southeast in the lucrative business of foreign trade. The examination of port statistics by the Committee reveals that Savannah is the leading general cargo port within the South Atlantic and handles some 27.24% more of such general cargo than Charleston, S. C. A recent study by the University of South Carolina established the monetary impact of South Carolina ports upon the economy of the State for 1964 at $298 million. Equating Savannah's larger tonnage over that of Charleston of 27.24%, the economic impact of the growth of Savannah alone would be $379 million, or more than $1 million a day--a substantial return on an investment of approximately $30 million. The Committee analyzed the traffic volume of the Authority's Savannah operation, and is pleased to report a solid and most satisfactory pattern of growth. Commodities shipped increased from 832,834 tons in 1958 to 1,759,470 tons in 1966--an increase of over 100% in a period of nine years, which is substantially the same period during which the present members of the Authority have served. Ships calling have increased from 361 in 1958 to 1,315 in 1966. Additionally, in the fiscal year ending June 30th, 29,056 railcars and 50,798 trucks were loaded or unloaded at the Authority's Savannah facilities. It is significant that a recent report of the Association of American Railroads ranks Georgia Ports Authority's Savannah terminals as seventh in the nation in the number of railcars discharged for export overseas. The Committee discussed at length with the Authority and its staff the need for continuing diversification of facilities in order to serve the needs of Georgia's importers and exporters, Georgia's agricultural economy and Georgia's industrial plants. INTERIM COMMITTEE REPORTS 2227 The Committee finds that many commodities which formerly moved over seas packaged, must now move in bulk to reduce shipping and handling costs. Georgia being richly endowed with tremendous deposits of clays and kaolins must provide, for one of its most important industries, bulk-handling facilities, as this transition from packages to bulk takes place. The Committee finds that the Authority already has firm commitments from Georgia's clay producers to ship in excess of 200,000 tons annually when these facilities are provided. The analysis of use of the facilities by the Authority also reveals that hundreds of thousands of tons of fertilizer, titanium slag, ores and minerals will be handled by these facilities upon construction. Already fertilizer manufacturers in the State of Georgia are requesting the use of facilities of this type. The Committee, therefore, supports and recommends the expenditure of $9 million by the Authority, to construct bulk-handling facilities to appropriately handle Georgia's vast natural resources and to provide the means of importing a wide range of raw material, so vital to the expanding economy of the State. In the opinion of the Committee, these facilities are needed at the earliest possible time. This expenditure will require the approval of the General Assembly of an annual appropriation of $693,750 to provide the lease rental funds to pay off the bonds to be issued by the Authority for such construction. The Committee further recommends that an appropriation of $462,500 be made for the construction of a grain elevator at the Port of Savannah at a cost of $6 million. Our investigation reveals that versatile facilities are important to the international image of a port and the state that it serves, and the ability to handle grain becomes an important adjunct. The Committee further recommends that a Rivers and Harbors Commission be created to be comprised of the Governor, Attorney General, State Auditor, President of the Senate, Speaker of the House of Representatives and Chairman of the Georgia Ports Authority for the purpose of recommending and supervising all river and harbor improvement projects and coordinating such projects with the federal, state and local governments. The Committee has been informed that approximately $650,000 is needed by the Georgia Ports Authority in order to qualify for approximately $14 million in federal aid to widen and deepen the harbor at Savannah from 34 to 38 feet. The Committee hopes and recom mends that the $650,000 be made available on the basis of 50% State funds and 50% from the funds of Chatham County. The Committee further recommends that the State appropriations for this purpose be made to the Rivers and Harbors Commission if the Commission is created as recommended by the Committee. Moreover, in a practical sense, additional outlets for grain will be required as the "Food for Peace" program of the federal government is expanded. The Committee is informed by shipping interests that grain would be combined with other Georgia products moving on the same vessel, thereby providing another outlet for Georgia's participation in world commerce. The Committee endorses the recommendation of the Authority in proposing that the appropriation for the grain elevator be made in the second half of the biennium in order that a satisfactory level of freight rates can be worked out 2228 JOURNAL OF THE HOUSE, from the Midwest where substantial grain surpluses exist, which is a necessary step before the grain elevator can be constructed. Although Georgia is today a deficit State in grain production, the projected production of State-produced soy beans will soon require an outlet to the world's markets, and the construction of the grain elevator would mean much for Georgia farmers in the years ahead, particularly when Georgia becomes a surplus grain State. The Committee is cognizant that the excellent progress which has been made is due in a large measure to the leadership, ability and dedication of its Chairman, Robert C. Norman, and of the other outstanding Georgians who are members of the Authority, and of the loyal and effective staff. While the Committee did not have the time to visit other port facilities in Georgia, after conferring with Chairman Norman and his staff, we are convinced that when needed, the Ports Authority will make recommendations to the Gen eral Assembly pertaining to these other port facilities. In conclusion, this Committee is pleased to make two recommendations. First, that every member of the General Assembly make a sincere effort to visit Georgia's port facilities for a personal look at one of the State's best invest ments. Secondly, we recommend wholehearted support of Georgia's booming port industry which is vital to the continuing economic growth of our State. Respectfully submitted, /a/ Michael J. Padgett Michael J. Padgett, Chairman Senator, 23rd District /s/ Oliver C. Bateman Oliver C. Bateman, Member Senator, 27th District /s/ Frank Eldridge, Jr. Frank Eldridge, Jr., Member Senator, 7th District /s/ Culver Kidd Culver Kidd, Member Senator, 25th District /s/ Robert A. Rowan Robert A. Rowan, Member Senator, 8th 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 COMMITTEE TO STUDY PRIVATE FINANCING INTERIM COMMITTEE REPORTS 2229 OF COLLEGE DORMITORIES AT STATE INSTITUTIONS (House Resolution No. 221) ******** THE COMMITTEE Honorable Chappelle Matthews Representative, Clarke County Chairman Honorable John Harvey Moore Representative, Polk County Honorable James H. Floyd Representative, Chattooga County Vice Chairman Honorable Colquitt H. Odom Representative, Dougherty County Honorable Janet S. Merritt Representative, Sumter County Secretary Honorable James W. Paris Representative, Barrow County December, 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 COMMITTEE TO STUDY PRIVATE FINANCING OF COLLEGE DORMITORIES AT STATE INSTITUTIONS. (House Resolution No. 221) Pursuant to the provisions of House Resolution No. 221 adopted at the 1965 regular session of the General Assembly of Georgia, Honorable George T. Smith, Speaker of the House of Representatives, appointed a committee to study Private Financing of College Dormitories at State Institutions. The members of the Committee are as follows: Honorable James H. Floyd Representative, Chattooga County Honorable John Harvey Moore Representative, Polk County Honorable Chappelle Matthews Representative, Clarke County Honorable Colquitt H. Odom Representative, Dougherty County Honorable Janet S. Merritt Representative, Sumter County Honorable James W. Paris Representative, Barrow County Honorable Chappelle Matthews, Representative, Clarke County, was desig nated as Chairman of the Committee, Honorable James H. Floyd, Representative, Chattooga County, as Vice Chairman, and Honorable Janet S. Merritt, Representa tive, Sumter County, as Secretary. The college population in the State of Georgia is increasing at an enormous rate and the Southern Regional Educational Board conservatively estimates that there will be between 95,000 and 100,000 students in Georgia colleges and universities by 1970. The people who make up the planning boards in the State estimate that there will be 122,000 students in the University System by 1970 because of the new State Scholarship Program plus the Federal Scholarship Program. The number one problem in education in Georgia, as well as in other states, is the matter of financing, and with the rapid growth of junior colleges 2230 JOURNAL OF THE HOUSE, and new four-year institutions, there is an increasing shortage of professional people to teach in these new institutions. One of the major problems facing the State of Georgia is to provide classrooms for the existing junior colleges and new four-year colleges. The longer existing junior colleges and four-year institutions have a growing demand for classroom space. The tremendous advances in technology during recent years makes it necessary for this State to provide the very best of laboratories and more and newer equipment which is often obsolete in one year or less time. To keep our young people abreast of the technological age, it will be necessary for us to keep the very best of machinery and equipment. There has been more change in the last ten years in science than there has been in all the previous years of American history. In order to meet this challenge, we will have to provide ample classroom building space equipped with the latest and most modern technological equipment if we are to provide our young people with the advantages of many other states in the union. The most crucial need in the opinion of this Committee is obtaining profes sional instructors for the rapidly expanding junior college program and fouryear institutions. Unless we provide them with an adequate salary and living quarters in keeping with their income, we will be unable to keep them in the University System. The Board of Regents and Chancellor's Office, as well as the presidents of various institutions, will have an almost insurmountable task unless they can get sufficient funds immediately to pay an adequate minimum salary. The instructors at junior colleges must have at least a Master's degree in the subject matter which they teach, and it is much more desirable for them to have a Ph.D. The salary that we understand they receive ranges from $7,000.00 to $8,000.00 in junior colleges and four-year institutions. In order to obtain and keep first-class teaching and professional people for our new junior colleges and four-year institutions, this State should provide a minimum salary in excess of $7,000.00, and it is the opinion of this Committee that it should be based on a $10,000.00 minimum salary if we are to have a quality junior college program. The University System receives a total State budget of $59,181,500.00, of which 15 percent of this total, or $8,877,225.00, goes for capital improvements through the University System School Building Authority. The Committee is of the unanimous opinion that the total money, which would be 15 percent of the total University System budget, should go to adequate salaries, classroom buildings and modern equipment for these buildings (other than planning board). Even this will not adequately keep up with the increase in enrollment of students. With the State Higher Education Assistance Corpora tion funds and with the newly expanded Federal funds available, every qualified high school student in Georgia can now get an adequate education, and it is the opinion of this Committee that the enrollment in our colleges will exceed all estimates now made. This Committee has been studying the feasibility of private financing of college dormitories, married housing and faculty housing. The Committee has been able to find insurance companies, building loan associations and other private concerns who are interested in building dormitories, married housing and faculty housing. These are all income-producing properties and it is the opinion of this Committee that the Board of Regents should work out a financial system whereby all dormitories, married housing and faculty housing could be financed by private enterprise. The Committee wants to make this very clear, that they are not asking for any dormitories for the new junior colleges, but INTERIM COMMITTEE REPORTS 2231 to recommend very strongly that the Board of Regents work with the corporations in the locales where the new junior colleges and four-year colleges are located and work out a program of private financing for faculty housing. Through its investigation, the Committee found that it is very difficult for a new professor to find a place to live that is within his financial means, and that is in a desirable neighborhood. A new professor's first questions are: "Where can we live?", "Can we afford it?", and "Is it in a desirable neighborhood and one in which we would want to raise our children?" We think that the Board of Regents could work out a program in these localities which would save the State thousands of dollars as well as provide the American way of private initiative. The Committee has found, as previously stated, that some insurance com panies and the building and loan associations in Georgia are very much interested in this type of financing, and their rates of interest range in one or two companies from two to three percent, and others would charge the standard rates of five to five and one-fourth percent. These buildings would be approved by the Board of Regents and would meet the requirements of the Board. They would not be elaborate, but would have a long life expectancy and would be of interest to private enterprise. The Committee would like to point out that they are not interested in the luxurious apartment buildings; these are fine for those who can afford them, but the average student is one who must borrow money to go to college or whose parents are very limited financially and are strained to send their children to college. The Committee has been studying the needs of this group of students. The Committee has requested that the Board of Regents seriously consider the erection of dormitories, student married housing, and faculty housing, using the State property that the Board has in its name or where it has adjacent property to the University System property. Private financing should also be considered by the Board of Regents, with some type of tax break that would encourage private enterprise to erect such domiciles, with the provision that when the debt is paid, the State would hold title to the property. We should remember that Georgia Tech did this a number of years ago when they built the domitories on the property next to Grant Stadium. These were financed by a bank in Atlanta. There is a strong trend throughout America for the pri vate financing for housing at institutions of higher learning. The Committee found that there are now seven states using private financing as a source of money for housing, and there are more contemplating its use for the erection of student housing, married student housing, and faculty housing. Not only would this save money, but it would also be an encouragement for the good will of those financing the domiciles. We think that it is time for the General Assembly, the Board of Regents and the other people involved in the University System to have new thinking. Let us be a leader, not a follower in what another state has done, for we have the citizens with the ability and we have qualified students. This is the time for us to be pioneers and not copy what has been the tradition. We think that the education of the qualified student is the primary purpose of institutions of higher learning, and this should be accomplished in as economical and as businesslike a manner as possible. We feel that, with the rising field of young architects and engineers, we can have adequate, simple and attractive buildings designed for all types of 2232 JOURNAL OF THE HOUSE, housing mentioned in this report. Let this problem be a challenge that the State of Georgia can meet head-on and meet with new ideas, thereby meeting the needs of its students. We also want to get Georgia money and put it to work to aid this State so that it would not be necessary to go out-of-state to get money. Let us keep the money at home in Georgia, for every dollar that we can retain will provide us with more tax money. Let the companies of Georgia who want to invest money, do so in our institutions. Let the Board of Regents have a very firm and thorough policy regarding the location, construction, operation, and main tenance of privately financed dormitories, married housing, and faculty housing. Any dormitory which is erected off campus and which would be used for the purpose of housing students should be subject to certain restrictions and super vision, so long as it is used for the purpose of housing students, etc. We want to point out very strongly that the type of housing for faculty has caused a drop in the number of Ph.D.'s at Fort Valley State College, Albany State College, and at Savannah State College. This problem is beginning to affect other new four-year colleges, such as the one in Augusta, and Georgia Southwestern College in Americus, and there has been some problem of hous ing at North Georgia College. There are several reasons we feel that faculty housing should be erected. If we have a reasonable apartment rate for rent, we will be able to attract more faculty members which will give them an opportunity to associate and live near their fellow members of the faculty. The question of having to pay very high rent will be a contributing factor in whether they accept a position with the University System. A faculty member desiring to purchase a home would not want to purchase property in a community in Georgia without first learning the community and the neighborhood in which he would desire to live and the values of property in such community. The Committee feels for these reasons that there should be some housing at all institutions for faculty members. At Georgia Tech, they are allowed to live in the faculty apartments for two years and then they have to move, but this gives them a chance to see what type housing and location would be suitable. The Committee has been advised by college authorities that we have lost a great deal of teachers in the University System due to lack of housing. We want to point out that the graduate programs coming in will have to have additional housing for graduate students who are usually on a fellowship, scholarship, or an assistanceship, and cannot afford to pay high rent. They must have a moderately priced respectable place in which to live. We have been informed by people who will be graduate students that the State of Georgia provides no good places for them to live, and the only places they have are apartments and trailer parks which are not the most desirable places to live. This, of course, does not apply to all trailer courts, but is applicable to most. This has had a great effect on retaining graduate students in the State of Georgia. This Committee want to again stress the fact that we should let private enterprise finance the housing for students, married students, and faculty, for INTERIM COMMITTEE REPORTS 2233 it is impossibl2 for Georgia to fully finance adequate housing and furnish adequate equipment and classrooms. We must utilize every resource that we have to main tain and retain our rightful place in the education field of our country. Therefore, the Committee urges the Board of Regents and the members of the General Assembly to work together to use Georgia money first and Federal money second that has now available to build adequate housing for undergraduate and graduate students and faculty housing, and to save all money possible for the increase of faculty salaries so that we can push this State up to the top ranks of the educational field in this country. Attached hereto and made a part of this report is a report made by the Honorable Janet S. Merritt of Sumter County, which gives the amount of Federal participation in the financing of housing at institutions of higher learn ing in the State of Georgia, both public and private. ACKNOWLEDGEMENTS: The Committee wishes to express its appreciation to those mentioned in this report for furnishing information and assistance to the Committee relative to the purposes for which it was created. The Committee also expresses its appreciation to the staff of the Office of Legislative Counsel for its most able assistance. Respectfully submitted, COMMITTEE TO STUDY PRIVATE FINANCING OF COLLEGE DORMI TORIES AT STATE INSTITUTIONS. (House Resolution No. 221) Loc a t ion City County HOUSING AND HOME FINANCE AGENCY COMMUNITY FACILITIES ADMINISTRATION Institution Net Approved Projects in State of Georgia as of Auqust 31, 1965 Proj. No. Amount of Fed. Loan Est. Tot al Proi. Cost Tvpe M - Men W - Women F - Faculty SF - Student Family Scope Current Status and Date Albany Americus Athens Athens Athens Atlanta Atlanta Atlanta Atlanta Daugherty Sumter C larke Clarke Clarke DeKalb DeKalb DeKa Ib DeKa Ib Albany State Col. 28 Ga. Southwestern 48 Univ. of Ga. 15 Univ. of Ga. 33 Univ. of Ga. 39 Clark College 8 Emory University 1 Emory University 3 Emory University 9 Atlanta Atlanta Atlanta Atlanta Atlanta Atlanta Atlanta Atlanta Atlanta Atlanta Atlanta JeKa Ib DeKa Ib Fulton DeKa Ib DeKa Ib DeKalb Fulton Fulton Fulton Fulton Fulton Emory University 44 Emory University 54 Ga. Baptist Hosp, 35 Ga. Inst. of Tech. 18 Morehouse College 20 Morehouse College 42 Morris Brown Col, 7 Morris Brown Col. 38 Morris Brown Col. 61 Piedmont Hosp. 22 Spellroan Col. 56 5 174 ,000 $ 435, 000 Dorm 56M/90W Const. Comp. 4/63 293 ,000 535, 000 Dorm 96M/66W Const. Comp. 6/64 3,000 ,000 3,000, 000 Dorm 495M/487W Const. Comp. 8/61 1,683 ,000 647 ,000 1,683, 000 972, 000 Dorm Dorm l.OOOW 104 SF Const. Comp. 8/63 O Const. Comp. 2/64 <3 450 ,000 627 ,000 990 ,000 4, 000 ,000 450, 000 627, 000 990, 000 4,057, 000 Dorm Dorm Dorm Dorm-Col. 118M/7F 299W 408M 100SF/336W Const . Comp. 10/58 Const . Comp. 6/54 Const. Comp. 3/55 Const. Comp. 5/60 2>fW Union/Din. Fac. O^ 760 ,000 1,300 ,000 1,750 ,000 760, 000 1,303, 000 2,613, 000 Dorm Dorm Dorm 3 IBM 100M/100W 500W Const. Comp. 12/62 Const. Comp. 6/64 Const. Comp. 2/63 Ha 2,025 ,000 2,025, 000 Dorm 956M Const. C omp . 3/65 348 ,000 648 ,000 348, 000 648, 000 Dorm Dorm/Din. Fac. 268M 110M Const. Comp. '9/59 Const. Comp. 12/62 Od 200 ,000 204, 000 Dorm 78M Const. Comp. 8/58 234 ,000 242, 000 Dorm/Din. B6W Const. Comp. 9/62 Fac. 986 ,000 1,025, 000 Student Un. Const. Started 3/i Din. Fac. 720 ,000 1,386, 000 Dorm 16 OW Const. Comp. 6/61 532 ,000 532, 000 Dorm HOW Const. Comp. 7/64 INTERIM COMMITTEE REPORTS 2235 VQ Q E C &, Q H P H C Py p gee 000 gggggEEgg oo'oddoooora g 0 g O g 0 g in -H c O C 0 -H g H O Uro g ^ o ro g o c- o -H O rUa E Mo n o g 0 P Q Q PPPPPPQPQEn Q P Q Q H CJ P Q C^ P CJ P P Eti Q Q Q rH 4J m (o -P 0 . -P-O W ft O O O OOQOOOOOO o o o ooooooooo o o o o oooooooo OOOO O O 0o Oo O o O O 0 O O O ooo ooo ooo O oo ooo o o o O O O r- o CN omocnotncaoo m m r- ^-^CNOJ-^rHrHrOin \D o m ro r- m o 0 i-- rj m oo CN in o m U) CO CN yp in en m m rH ^jT in vO in en rH ^T in rH m w- rH rH 0 ro oo o oo o oo o o o oo o oo o oo o oo o oo o oo o oo o oo o o OOOO OOO0 Oooo Ooo o o o O Oo oo oo O0 O O o ooo o 0 o o o o o cJ' D r- rH n O'^'rHCn'kOenCOrHvO tj'rHCNCNCN'H'H'Hm O in Otf nm Oin yD CN -3- in CT> rH o * CO in CN yD O rH CN CN rH o in rH ro CO rH U) en rH O 'O rH < EM v> vo ro o CN TO 0) QJ >, -H -H -P 1) ,->,> o ooo ouuo ro ro ro ro O CJ ffi g